Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 850, 1st Eng.
       
       
       
       
       
       
                                Ì796932?Î796932                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/RM         .         Floor: SENA1/C         
             05/02/2014 12:03 PM       .      05/02/2014 08:52 PM       
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       Senator Legg moved the following:
       
    1         Senate Amendment to House Amendment (937491) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 2114
    5  and insert:
    6         Section 1. Subsection (18) of section 1001.42, Florida
    7  Statutes, is amended to read:
    8         1001.42 Powers and duties of district school board.—The
    9  district school board, acting as a board, shall exercise all
   10  powers and perform all duties listed below:
   11         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
   12  Maintain a state system of school improvement and education
   13  accountability as provided by statute and State Board of
   14  Education rule. This system of school improvement and education
   15  accountability shall be consistent with, and implemented
   16  through, the district’s continuing system of planning and
   17  budgeting required by this section and ss. 1008.385, 1010.01,
   18  and 1011.01. This system of school improvement and education
   19  accountability shall comply with the provisions of ss. 1008.33,
   20  1008.34, 1008.345, and 1008.385 and include the following:
   21         (a) School improvement plans.—
   22         1. The district school board shall annually approve and
   23  require implementation of a new, amended, or continuation school
   24  improvement plan for each school in the district. If a school
   25  has a significant gap in achievement on statewide assessments
   26  pursuant to s. 1008.34(3)(b) by one or more student subgroups,
   27  as defined in the federal Elementary and Secondary Education Act
   28  (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not significantly
   29  decreased the percentage of students scoring below satisfactory
   30  on statewide assessments; or has significantly lower graduation
   31  rates for a subgroup when compared to the state’s graduation
   32  rate, that school’s improvement plan shall include strategies
   33  for improving these results. The state board shall adopt rules
   34  establishing thresholds and for determining compliance with this
   35  subparagraph paragraph.
   36         2. A school that includes any of grades 6, 7, or 8 shall
   37  include annually in its school improvement plan information and
   38  data on the school’s early warning system required under
   39  paragraph (b), including a list of the early warning indicators
   40  used in the system, the number of students identified by the
   41  system as exhibiting two or more early warning indicators, the
   42  number of students by grade level that exhibit each early
   43  warning indicator, and a description of all intervention
   44  strategies employed by the school to improve the academic
   45  performance of students identified by the early warning system.
   46  In addition, a school that includes any of grades 6, 7, or 8
   47  shall describe in its school improvement plan the strategies
   48  used by the school to implement the instructional practices for
   49  middle grades emphasized by the district’s professional
   50  development system pursuant to s. 1012.98(4)(b)9.
   51         (b) Early warning system.
   52         1. A school that includes any of grades 6, 7, or 8 shall
   53  implement an early warning system to identify students in grades
   54  6, 7, and 8 who need additional support to improve academic
   55  performance and stay engaged in school. The early warning system
   56  must include the following early warning indicators:
   57         a. Attendance below 90 percent, regardless of whether
   58  absence is excused or a result of out-of-school suspension.
   59         b. One or more suspensions, whether in school or out of
   60  school.
   61         c. Course failure in English Language Arts or mathematics.
   62         d. A Level 1 score on the statewide, standardized
   63  assessments in English Language Arts or mathematics.
   64  
   65  A school district may identify additional early warning
   66  indicators for use in a school’s early warning system.
   67         2. When a student exhibits two or more early warning
   68  indicators, the school’s child study team under s. 1003.02 or a
   69  school-based team formed for the purpose of implementing the
   70  requirements of this paragraph shall convene to determine
   71  appropriate intervention strategies for the student. The school
   72  shall provide at least 10 days’ written notice of the meeting to
   73  the student’s parent, indicating the meeting’s purpose, time,
   74  and location, and provide the parent the opportunity to
   75  participate.
   76         (c)(b)Public disclosure.—The district school board shall
   77  provide information regarding the performance of students and
   78  educational programs as required pursuant to ss. 1008.22 and
   79  1008.385 and implement a system of school reports as required by
   80  statute and State Board of Education rule which shall include
   81  schools operating for the purpose of providing educational
   82  services to students youth in Department of Juvenile Justice
   83  programs, and for those schools, report on the elements
   84  specified in s. 1003.52(17) 1003.52(19). Annual public
   85  disclosure reports shall be in an easy-to-read report card
   86  format and shall include the school’s grade, high school
   87  graduation rate calculated without high school equivalency
   88  examinations GED tests, disaggregated by student ethnicity, and
   89  performance data as specified in state board rule.
   90         (d)(c)School improvement funds.—The district school board
   91  shall provide funds to schools for developing and implementing
   92  school improvement plans. Such funds shall include those funds
   93  appropriated for the purpose of school improvement pursuant to
   94  s. 24.121(5)(c).
   95         Section 2. Subsection (1) of section 1003.02, Florida
   96  Statutes, is amended to read:
   97         1003.02 District school board operation and control of
   98  public K-12 education within the school district.—As provided in
   99  part II of chapter 1001, district school boards are
  100  constitutionally and statutorily charged with the operation and
  101  control of public K-12 education within their school district.
  102  The district school boards must establish, organize, and operate
  103  their public K-12 schools and educational programs, employees,
  104  and facilities. Their responsibilities include staff
  105  development, public K-12 school student education including
  106  education for exceptional students and students in juvenile
  107  justice programs, special programs, adult education programs,
  108  and career education programs. Additionally, district school
  109  boards must:
  110         (1) Provide for the proper accounting for all students of
  111  school age, for the attendance and control of students at
  112  school, and for proper attention to health, safety, and other
  113  matters relating to the welfare of students in the following
  114  areas fields:
  115         (a) Admission, classification, promotion, and graduation of
  116  students.—Adopt rules for admitting, classifying, promoting, and
  117  graduating students to or from the various schools of the
  118  district.
  119         (b) Enforcement of attendance laws.—Provide for the
  120  enforcement of all laws and rules relating to the attendance of
  121  students at school. District school boards are authorized to
  122  establish policies that allow accumulated unexcused tardies,
  123  regardless of when they occur during the school day, and early
  124  departures from school to be recorded as unexcused absences.
  125  District school boards are also authorized to establish policies
  126  that require referral to a school’s child study team for
  127  students who have fewer absences than the number required by s.
  128  1003.26(1)(b).
  129         (c) Control of students.—
  130         1. Adopt rules for the control, attendance, discipline, in
  131  school suspension, suspension, and expulsion of students and
  132  decide all cases recommended for expulsion.
  133         2. Maintain a code of student conduct as provided in
  134  chapter 1006.
  135         (d) Courses of study and instructional materials.—
  136         1. Provide adequate instructional materials for all
  137  students as follows and in accordance with the requirements of
  138  chapter 1006, in the core courses of mathematics, language arts,
  139  social studies, science, reading, and literature, except for
  140  instruction for which the school advisory council approves the
  141  use of a program that does not include a textbook as a major
  142  tool of instruction.
  143         2. Adopt courses of study for use in the schools of the
  144  district.
  145         3. Provide for proper requisitioning, distribution,
  146  accounting, storage, care, and use of all instructional
  147  materials as may be needed, and ensure that instructional
  148  materials used in the district are consistent with the district
  149  goals and objectives and the curriculum frameworks approved by
  150  the State Board of Education, as well as with the state and
  151  school district performance standards required by law and state
  152  board rule.
  153         (e) Transportation.—Make provision for the transportation
  154  of students to the public schools or school activities they are
  155  required or expected to attend, efficiently and economically, in
  156  accordance with the requirements of chapter 1006, which function
  157  may be accomplished, in whole or part, by means of an interlocal
  158  agreement under s. 163.01.
  159         (f) Facilities and school plant.—
  160         1. Approve and adopt a districtwide school facilities
  161  program, in accordance with the requirements of chapter 1013.
  162         2. Approve plans for locating, planning, constructing,
  163  sanitating, insuring, maintaining, protecting, and condemning
  164  school property as prescribed in chapter 1013.
  165         3. Approve and adopt a districtwide school building
  166  program.
  167         4. Select and purchase school sites, playgrounds, and
  168  recreational areas located at centers at which schools are to be
  169  constructed, of adequate size to meet the needs of projected
  170  students to be accommodated.
  171         5. Approve the proposed purchase of any site, playground,
  172  or recreational area for which school district funds are to be
  173  used.
  174         6. Expand existing sites.
  175         7. Rent buildings when necessary, which function may be
  176  accomplished, in whole or part, by means of an interlocal
  177  agreement under s. 163.01.
  178         8. Enter into leases or lease-purchase arrangements, in
  179  accordance with the requirements and conditions provided in s.
  180  1013.15(2).
  181         9. Provide for the proper supervision of construction.
  182         10. Make or contract for additions, alterations, and
  183  repairs on buildings and other school properties.
  184         11. Ensure that all plans and specifications for buildings
  185  provide adequately for the safety and well-being of students, as
  186  well as for economy of construction.
  187         12. Provide adequately for the proper maintenance and
  188  upkeep of school plants, which function may be accomplished, in
  189  whole or part, by means of an interlocal agreement under s.
  190  163.01.
  191         13. Carry insurance on every school building in all school
  192  plants including contents, boilers, and machinery, except
  193  buildings of three classrooms or less which are of frame
  194  construction and located in a tenth class public protection zone
  195  as defined by the Florida Inspection and Rating Bureau, and on
  196  all school buses and other property under the control of the
  197  district school board or title to which is vested in the
  198  district school board, except as exceptions may be authorized
  199  under rules of the State Board of Education.
  200         14. Condemn and prohibit the use for public school purposes
  201  of any building under the control of the district school board.
  202         (g) School operation.—
  203         1. Provide for the operation of all public schools as free
  204  schools for a term of 180 days or the equivalent on an hourly
  205  basis as specified by rules of the State Board of Education;
  206  determine district school funds necessary in addition to state
  207  funds to operate all schools for the minimum term; and arrange
  208  for the levying of district school taxes necessary to provide
  209  the amount needed from district sources.
  210         2. Prepare, adopt, and timely submit to the Department of
  211  Education, as required by law and by rules of the State Board of
  212  Education, the annual school budget, so as to promote the
  213  improvement of the district school system.
  214         (h) Records and reports.—
  215         1. Keep all necessary records and make all needed and
  216  required reports, as required by law or by rules of the State
  217  Board of Education.
  218         2. At regular intervals require reports to be made by
  219  principals or teachers in all public schools to the parents of
  220  the students enrolled and in attendance at their schools,
  221  apprising them of the academic and other progress being made by
  222  the student and giving other useful information.
  223         (i) Parental notification of acceleration options.—At the
  224  beginning of each school year, notify parents of students in or
  225  entering high school of the opportunity and benefits of advanced
  226  placement, International Baccalaureate, Advanced International
  227  Certificate of Education, dual enrollment, and Florida Virtual
  228  School courses and options for early graduation under s.
  229  1003.4281.
  230         (j) Return on investment.—Notify the parent of a student
  231  who earns an industry certification that articulates for
  232  postsecondary credit of the estimated cost savings to the parent
  233  before the student’s high school graduation versus the cost of
  234  acquiring such certification after high school graduation, which
  235  would include the tuition and fees associated with available
  236  postsecondary credits. Also, the student and the parent must be
  237  informed of any additional industry certifications available to
  238  the student.
  239         Section 3. Subsection (1) of section 1003.42, Florida
  240  Statutes, is amended to read:
  241         1003.42 Required instruction.—
  242         (1) Each district school board shall provide all courses
  243  required for middle grades promotion, high school graduation,
  244  and appropriate instruction designed to ensure that students
  245  meet State Board of Education adopted standards in the following
  246  subject areas: reading and other language arts, mathematics,
  247  science, social studies, foreign languages, health and physical
  248  education, and the arts. The state board must remove a middle
  249  grades course in the Course Code Directory that does not fully
  250  integrate all appropriate curricular content required by s.
  251  1003.41 and may approve a new course only if it meets the
  252  required curricular content.
  253         Section 4. Section 1003.4203, Florida Statutes, is amended
  254  to read:
  255         1003.4203 Digital materials, CAPE Digital Tool
  256  recognitions, certificates, and technical assistance.—
  257         (1) DIGITAL MATERIALS.—Each district school board, in
  258  consultation with the district school superintendent, shall make
  259  available digital materials, CAPE Digital Tool certificates, and
  260  CAPE industry certifications for students in prekindergarten
  261  through grade 12 in order to enable students to attain digital
  262  skills. The digital materials, CAPE Digital Tool certificates,
  263  and CAPE industry certifications may be integrated into subject
  264  area curricula, offered as a separate course, made available
  265  through open-access options, or deployed through online or
  266  digital computer applications, subject to available funding.
  267         (2) CAPE ESE DIGITAL TOOLS.—Beginning with the 2013-2014
  268  school year, Each district school board, in consultation with
  269  the district school superintendent, shall make available digital
  270  and instructional materials, including software applications, to
  271  students with disabilities who are in prekindergarten through
  272  grade 12. Beginning with the 2015-2016 school year:
  273         (a)Digital materials may include CAPE Digital Tool
  274  certificates, workplace industry certifications, and OSHA
  275  industry certifications identified pursuant to s. 1008.44 for
  276  students with disabilities; and
  277         (b)Each student’s individual educational plan for students
  278  with disabilities developed pursuant to this chapter must
  279  identify the CAPE Digital Tool certificates and CAPE industry
  280  certifications the student seeks to attain before high school
  281  graduation.
  282         (3) Subject to available funding, by December 1, 2013, the
  283  department shall contract with one or more technology companies,
  284  or affiliated nonprofit organizations, that have approved
  285  industry certifications identified on the Industry Certification
  286  Funding List or the Postsecondary Industry Certification Funding
  287  List, pursuant to s. 1003.492 or s. 1008.44, to develop a
  288  Florida Cyber Security Recognition and a Florida Digital Arts
  289  Recognition. The department shall notify each school district
  290  when the recognitions are developed and available. The
  291  recognitions shall be made available to all public elementary
  292  school students at no cost to the districts or charter schools.
  293         (a) Targeted knowledge and skills to be mastered for each
  294  recognition shall be identified by the department. Knowledge and
  295  skills may be demonstrated through student attainment of the
  296  below recognitions in particular content areas:
  297         1. The Florida Cyber Security Recognition must be based
  298  upon an understanding of computer processing operations and, in
  299  most part, on cyber security skills that increase a student’s
  300  cyber-safe practices.
  301         2. The Florida Digital Arts Recognition must reflect a
  302  balance of skills in technology and the arts.
  303         (b) The technology companies or affiliated nonprofit
  304  organizations that provide the recognition must provide open
  305  access to materials for teaching and assessing the skills a
  306  student must acquire in order to earn a Florida Cyber Security
  307  Recognition or a Florida Digital Arts Recognition. The school
  308  district shall notify each elementary school advisory council of
  309  the methods of delivery of the open-access content and
  310  assessments. If there is no elementary school advisory council,
  311  notification must be provided to the district advisory council.
  312         (3)(4)CAPE DIGITAL TOOL CERTIFICATES.—Subject to available
  313  funding, by December 1, 2013, The department shall identify, by
  314  June 15 of each year, CAPE Digital Tool certificates that
  315  contract with one or more technology companies that have
  316  approved industry certifications identified on the Industry
  317  Certification Funding List or the Postsecondary Industry
  318  Certification Funding List, pursuant to s. 1003.492 or s.
  319  1008.44, to develop a Florida Digital Tools Certificate to
  320  indicate a student’s digital skills. The department shall notify
  321  each school district when the certificates are certificate is
  322  developed and available. The certificates certificate shall be
  323  made available to all public elementary and middle grades
  324  students at no cost to the districts or charter schools.
  325         (a) Targeted skills to be mastered for the certificate
  326  include digital skills that are necessary to the student’s
  327  academic work and skills the student may need in future
  328  employment. The skills must include, but are not limited to,
  329  word processing; spreadsheets;, spreadsheet display, and
  330  creation of presentations, including sound, motion, and color
  331  presentations; digital arts; cybersecurity; and coding including
  332  sound, text, and graphic presentations, consistent with CAPE
  333  industry certifications that are listed on the CAPE Industry
  334  Certification Funding List, pursuant to ss. 1003.492 and
  335  1008.44. CAPE Digital Tool certificates earned by students are
  336  eligible for additional full-time equivalent membership pursuant
  337  to s. 1011.62(1)(o)1.a s. 1003.492.
  338         (b) A technology company that provides the certificate must
  339  provide open access to materials for teaching and assessing the
  340  skills necessary to earn the certificate. The school district
  341  shall notify each middle school advisory council of the methods
  342  of delivery of the open-access content and assessments for the
  343  certificates certificate. If there is no middle school advisory
  344  council, notification must be provided to the district advisory
  345  council.
  346         (c) The Legislature intends that by July 1, 2018, on an
  347  annual basis, at least 75 percent of public middle grades
  348  students earn at least one CAPE Digital Tool certificate a
  349  Florida Digital Tools Certificate.
  350         (4)CAPE INDUSTRY CERTIFICATIONS.—
  351         (a)CAPE industry certifications, issued to middle school
  352  and high school students, which do not articulate for college
  353  credit, are eligible for additional full-time equivalent
  354  membership pursuant to s. 1011.62(1)(o)1.b.
  355         (b)CAPE industry certifications, issued to high school
  356  students, which articulate for college credit, are eligible for
  357  additional full-time equivalent membership pursuant to s.
  358  1011.62(1)(o)1.b.
  359         (5)CAPE INNOVATION AND CAPE ACCELERATION.—
  360         (a) CAPE Innovation.—Up to five courses annually approved
  361  by the commissioner that combine academic and career content,
  362  and performance outcome expectations that, if achieved by a
  363  student, shall articulate for college credit and be eligible for
  364  additional full-time equivalent membership pursuant to s.
  365  1011.62(1)(o)1.c. Such approved courses must incorporate at
  366  least two third-party assessments that, if successfully
  367  completed by a student, shall articulate for college credit. At
  368  least one of the two third-party assessments must be associated
  369  with an industry certification that is identified on the CAPE
  370  Industry Certification Funding List. Each course that is
  371  approved by the commissioner must be specifically identified in
  372  the Course Code Directory as a CAPE Innovation Course.
  373         (b) CAPE Acceleration.—Industry certifications, annually
  374  approved by the commissioner, that articulate for 15 or more
  375  college credit hours and, if successfully completed, shall be
  376  eligible for additional full-time equivalent membership pursuant
  377  to s. 1011.62(1)(o)1.d. Each approved industry certification
  378  must be specifically identified in the CAPE Industry
  379  Certification Funding List as a CAPE Acceleration Industry
  380  Certification.
  381         (6) GRADE POINT AVERAGE CALCULATION.—For purposes of
  382  calculating grade point average, a grade in a course that is
  383  level 3 or above and leads to an industry certification must be
  384  weighted the same as a grade in an Honors course.
  385         (7)(5)TECHNICAL ASSISTANCE.—
  386         (a) The Department of Education or a company contracted
  387  with under subsection (4) shall collaborate with Florida
  388  educators and school leaders to provide technical assistance to
  389  district school boards in the implementation of this section.
  390  Technical assistance to districts shall include, but is not
  391  limited to, identification of digital resources, primarily open
  392  access resources, including digital curriculum, instructional
  393  materials, media assets, and other digital tools and
  394  applications; training mechanisms for teachers and others to
  395  facilitate integration of digital resources and technologies
  396  into instructional strategies; and model policies and procedures
  397  that support sustainable implementation practices.
  398         (b) Public schools may provide students with access to
  399  third-party assessment centers and career and professional
  400  academy curricula in a digital format in support of CAPE Digital
  401  Tool certificates and CAPE industry certifications, pursuant to
  402  ss. 1003.4203 and 1008.44, to assist public schools and school
  403  districts to establish Florida Digital Classrooms.
  404         (8)(6)PARTNERSHIPS.—
  405         (a) A district school board may seek partnerships with
  406  other school districts, private businesses, postsecondary
  407  institutions, or consultants to offer classes and instruction to
  408  teachers and students to assist the school district in providing
  409  digital materials, CAPE Digital Tool recognitions, and
  410  certificates, and CAPE industry certifications established
  411  pursuant to this section.
  412         (b) Third-party assessment providers and career and
  413  professional academy curricula providers are encouraged to
  414  provide annual training to staff of the Department of Education,
  415  staff of school district offices, instructional staff of public
  416  schools, including charter schools, and other appropriate
  417  administrative staff through face-to-face training models;
  418  online, video conferencing training models; and through state,
  419  regional, or conference presentations.
  420         (9)(7)RULES.—The State Board of Education shall adopt
  421  rules to administer this section.
  422         Section 5. Subsection (5) of section 1003.4281, Florida
  423  Statutes, is amended to read:
  424         1003.4281 Early high school graduation.—
  425         (5) For purposes of this section, a credit is equal to 1/6
  426  FTE. A student may earn up to six paid high school credits
  427  equivalent to 1 FTE per school year in grades 9 through 12 for
  428  courses provided by the school district. High school credits
  429  earned in excess of six per school year in courses delivered by
  430  the school district are unpaid credits.
  431         Section 6. Subsection (3) of section 1003.492, Florida
  432  Statutes, is amended to read:
  433         1003.492 Industry-certified career education programs.—
  434         (3) The Department of Education shall collect student
  435  achievement and performance data in industry-certified career
  436  education programs and career-themed courses and shall work with
  437  Workforce Florida, Inc., in the analysis of collected data. The
  438  data collection and analyses shall examine the performance of
  439  participating students over time. Performance factors shall
  440  include, but not be limited to, graduation rates, retention
  441  rates, Florida Bright Futures Scholarship awards, additional
  442  educational attainment, employment records, earnings, industry
  443  certification, return on investment, and employer satisfaction.
  444  The results of this study shall be submitted to the President of
  445  the Senate and the Speaker of the House of Representatives
  446  annually by December 31.
  447         Section 7. Subsection (4) is added to section 1003.4935,
  448  Florida Statutes, to read:
  449         1003.4935 Middle grades career and professional academy
  450  courses and career-themed courses.—
  451         (4)CAPE Digital Tool certificates and CAPE industry
  452  certifications offered in the middle grades that are included on
  453  the CAPE Industry Certification Funding List, if earned by
  454  students, are eligible for additional full-time equivalent
  455  membership pursuant to s. 1011.62(1)(o)1.a. and b.
  456         Section 8. Paragraph (c) of subsection (1) of section
  457  1003.53, Florida Statutes, is amended to read:
  458         1003.53 Dropout prevention and academic intervention.—
  459         (1)
  460         (c) A student shall be identified as being eligible to
  461  receive services funded through the dropout prevention and
  462  academic intervention program based upon one of the following
  463  criteria:
  464         1. The student is academically unsuccessful as evidenced by
  465  low test scores, retention, failing grades, low grade point
  466  average, falling behind in earning credits, or not meeting the
  467  state or district proficiency levels in reading, mathematics, or
  468  writing.
  469         2. The student has a pattern of excessive absenteeism or
  470  has been identified as a habitual truant.
  471         3. The student has a history of disruptive behavior in
  472  school or has committed an offense that warrants out-of-school
  473  suspension or expulsion from school according to the district
  474  school board’s code of student conduct. For the purposes of this
  475  program, “disruptive behavior” is behavior that:
  476         a. Interferes with the student’s own learning or the
  477  educational process of others and requires attention and
  478  assistance beyond that which the traditional program can provide
  479  or results in frequent conflicts of a disruptive nature while
  480  the student is under the jurisdiction of the school either in or
  481  out of the classroom; or
  482         b. Severely threatens the general welfare of students or
  483  others with whom the student comes into contact.
  484         4. The student is identified by a school’s early warning
  485  system pursuant to s. 1001.42(18)(b).
  486         Section 9. Section 1006.135, Florida Statutes, is amended
  487  to read:
  488         1006.135 Hazing prohibited at high schools with any of
  489  grades 6-12 9-12 prohibited.—
  490         (1) DEFINITION.—As used in this section, “hazing” means any
  491  action or situation that recklessly or intentionally endangers
  492  the mental or physical health or safety of a student at a high
  493  school with any of grades 6 9 through 12 for purposes including,
  494  but not limited to, initiation or admission into or affiliation
  495  with any organization operating under the sanction of a high
  496  school with any of grades 6 9 through 12. “Hazing” includes, but
  497  is not limited to:,
  498         (a) Pressuring, or coercing, or forcing a the student into:
  499         1. Violating state or federal law;,
  500         2. Consuming any food, liquor, drug, or other substance; or
  501         3. Participating in physical activity that could adversely
  502  affect the health or safety of the student.
  503         (b) Any brutality of a physical nature, such as whipping,
  504  beating, branding, or exposure to the elements, forced
  505  consumption of any food, liquor, drug, or other substance, or
  506  other forced physical activity that could adversely affect the
  507  physical health or safety of the student, and also includes any
  508  activity that would subject the student to extreme mental
  509  stress, such as sleep deprivation, forced exclusion from social
  510  contact, forced conduct that could result in extreme
  511  embarrassment, or other forced activity that could adversely
  512  affect the mental health or dignity of the student.
  513  
  514  Hazing does not include customary athletic events or other
  515  similar contests or competitions or any activity or conduct that
  516  furthers a legal and legitimate objective.
  517         (2) SCHOOL DISTRICT POLICY.—Each school district shall
  518  adopt in rule a policy that prohibits hazing and establishes
  519  consequences for a student who commits an act of hazing. The
  520  policy must include:
  521         (a) A definition of hazing, which must include the
  522  definition provided in this section.
  523         (b) A procedure for reporting an alleged act of hazing,
  524  including provisions that permit a person to anonymously report
  525  such an act. However, disciplinary action may not be based
  526  solely on an anonymous report.
  527         (c) A requirement that a school with any of grades 9
  528  through 12 report an alleged act of hazing to a local law
  529  enforcement agency if the alleged act meets the criteria
  530  established under subsection (3).
  531         (d) A provision for referral of victims and perpetrators of
  532  hazing to a certified school counselor.
  533         (e) A requirement that each incident of hazing be reported
  534  in the school’s safety and discipline report required under s.
  535  1006.09(6). The report must include the number of hazing
  536  incidents reported, the number of incidents referred to a local
  537  law enforcement agency, the number of incidents that result in
  538  disciplinary action taken by the school, and the number of
  539  incidents that do not result in either referral to a local law
  540  enforcement agency or disciplinary action taken by the school.
  541         (3)(2)CRIMINAL PENALTIES.—This subsection applies only to
  542  students in any of grades 9 through 12.
  543         (a)1. A person who commits an act of hazing, a third degree
  544  felony, punishable as provided in s. 775.082 or s. 775.083, when
  545  he or she intentionally or recklessly commits any act of hazing
  546  as defined in subsection (1) upon another person who is a member
  547  of or an applicant to any type of student organization commits a
  548  felony of the third degree, punishable as provided in s. 775.082
  549  or s. 775.083, if the person knew or should have known the act
  550  would result in serious bodily injury or death of such other
  551  person and the act hazing results in serious bodily injury or
  552  death of such other person.
  553         2.(3) A person who commits an act of hazing, a first degree
  554  misdemeanor, punishable as provided in s. 775.082 or s. 775.083,
  555  when he or she intentionally or recklessly commits any act of
  556  hazing as defined in subsection (1) upon another person who is a
  557  member of or an applicant to any type of student organization
  558  commits a misdemeanor of the first degree, punishable as
  559  provided in s. 775.082 or s. 775.083, if the person knew or
  560  should have known the act would create a potential risk of
  561  physical injury or death to such other person and the act hazing
  562  creates a potential substantial risk of physical injury or death
  563  to such other person.
  564         (b)(4) As a condition of any sentence imposed pursuant to
  565  paragraph (a) subsection (2) or subsection (3), the court:
  566         1. Shall order the defendant to attend and complete a 4
  567  hour hazing education course and may also impose a condition of
  568  drug or alcohol probation.
  569         2. May require the defendant to make a public apology to
  570  the students and victims at the school.
  571         3. May require the defendant to participate in a school
  572  sponsored antihazing campaign to raise awareness of what
  573  constitutes hazing and the penalties for hazing.
  574         (c)(5) It is not a defense to a charge of hazing that:
  575         1.(a) Consent of the victim had been obtained;
  576         2.(b) The conduct or activity that resulted in the death or
  577  injury of a person was not part of an official organizational
  578  event or was not otherwise sanctioned or approved by the
  579  organization; or
  580         3.(c) The conduct or activity that resulted in death or
  581  injury of the person was not done as a condition of membership
  582  to an organization.
  583         (4)(6)CONSTRUCTION.—This section shall not be construed to
  584  preclude prosecution for a more general offense resulting from
  585  the same criminal transaction or episode.
  586         Section 10. Section 1007.273, Florida Statutes, is created
  587  to read:
  588         1007.273Collegiate high school program.—
  589         (1)Each Florida College System institution shall work with
  590  each district school board in its designated service area to
  591  establish one or more collegiate high school programs.
  592         (2)At a minimum, collegiate high school programs must
  593  include an option for public school students in grade 11 or
  594  grade 12 participating in the program, for at least 1 full
  595  school year, to earn CAPE industry certifications pursuant to s.
  596  1008.44 and to successfully complete 30 credit hours through the
  597  dual enrollment program under s. 1007.271 toward the first year
  598  of college for an associate degree or baccalaureate degree while
  599  enrolled in the program.
  600         (3)Each district school board and its local Florida
  601  College System institution shall execute a contract to establish
  602  one or more collegiate high school programs at a mutually agreed
  603  upon location or locations. Beginning with the 2015-2016 school
  604  year, if the institution does not establish a program with a
  605  district school board in its designated service area, another
  606  Florida College System institution may execute a contract with
  607  that district school board to establish the program. The
  608  contract must be executed by January 1 of each school year for
  609  implementation of the program during the next school year. The
  610  contract must:
  611         (a) Identify the grade levels to be included in the
  612  collegiate high school program which must, at a minimum, include
  613  grade 12.
  614         (b) Describe the collegiate high school program, including
  615  the delineation of courses and industry certifications offered,
  616  including online course availability; the high school and
  617  college credits earned for each postsecondary course completed
  618  and industry certification earned; student eligibility criteria;
  619  and the enrollment process and relevant deadlines.
  620         (c) Describe the methods, medium, and process by which
  621  students and their parents are annually informed about the
  622  availability of the collegiate high school program, the return
  623  on investment associated with participation in the program, and
  624  the information described in paragraphs (a) and (b).
  625         (d) Identify the delivery methods for instruction and the
  626  instructors for all courses.
  627         (e) Identify student advising services and progress
  628  monitoring mechanisms.
  629         (f) Establish a program review and reporting mechanism
  630  regarding student performance outcomes.
  631         (g) Describe the terms of funding arrangements to implement
  632  the collegiate high school program.
  633         (4) Each student participating in a collegiate high school
  634  program must enter into a student performance contract which
  635  must be signed by the student, the parent, and a representative
  636  of the school district and the applicable Florida College System
  637  institution, state university, or other institution
  638  participating pursuant to subsection (5). The performance
  639  contract must include the schedule of courses, by semester, and
  640  industry certifications to be taken by the student, student
  641  attendance requirements, and course grade requirements.
  642         (5) In addition to executing a contract with the local
  643  Florida College System institution under this section, a
  644  district school board may execute a contract to establish a
  645  collegiate high school program with a state university or an
  646  institution that is eligible to participate in the William L.
  647  Boyd, IV, Florida Resident Access Grant Program, that is a
  648  nonprofit independent college or university located and
  649  chartered in this state, and that is accredited by the
  650  Commission on Colleges of the Southern Association of Colleges
  651  and Schools to grant baccalaureate degrees. Such university or
  652  institution must meet the requirements specified under
  653  subsections (3) and (4).
  654         (6) The collegiate high school program shall be funded
  655  pursuant to ss. 1007.271 and 1011.62. The State Board of
  656  Education shall enforce compliance with this section by
  657  withholding the transfer of funds for the school districts and
  658  the Florida College System institutions in accordance with s.
  659  1008.32.
  660         Section 11. Subsection (5) of section 1008.345, Florida
  661  Statutes, is amended to read:
  662         1008.345 Implementation of state system of school
  663  improvement and education accountability.—
  664         (5) The commissioner shall report to the Legislature and
  665  recommend changes in state policy necessary to foster school
  666  improvement and education accountability. Included in the report
  667  shall be a list of the schools, including schools operating for
  668  the purpose of providing educational services to youth in
  669  Department of Juvenile Justice programs, for which district
  670  school boards have developed intervention and support strategies
  671  and an analysis of the various strategies used by the school
  672  boards. School reports shall be distributed pursuant to this
  673  subsection and s. 1001.42(18)(c) 1001.42(18)(b) and according to
  674  rules adopted by the State Board of Education.
  675         Section 12. Section 1008.44, Florida Statutes, is amended
  676  to read:
  677         1008.44 Industry certifications; CAPE Industry
  678  Certification Funding List and CAPE Postsecondary Industry
  679  Certification Funding List.—
  680         (1) Pursuant to ss. 1003.4203 and s. 1003.492, the
  681  Department of Education shall, at least annually, identify,
  682  under rules adopted by the State Board of Education, and the
  683  Industry Certification Funding List that must be applied in the
  684  distribution of funding to school districts pursuant to s.
  685  1011.62. the Commissioner of Education may at any time recommend
  686  adding the following certificates, certifications, and courses:.
  687         (a)CAPE industry certifications identified on the CAPE
  688  Industry Certification Funding List that must be applied in the
  689  distribution of funding to school districts pursuant to s.
  690  1011.62(1)(o). The CAPE Industry Certification Funding List
  691  shall incorporate by reference the industry certifications on
  692  the career pathways list approved for the Florida Gold Seal
  693  Vocational Scholars award. In addition, by August 1 of each
  694  year, the not-for-profit corporation established pursuant to s.
  695  445.004 may annually select one industry certification, that
  696  does not articulate for college credit, for inclusion on the
  697  CAPE Industry Certification Funding List for a period of 3 years
  698  unless otherwise approved by the curriculum review committee
  699  pursuant to s. 1003.491. Such industry certifications, if earned
  700  by a student, shall be eligible for additional full-time
  701  equivalent membership, pursuant to s. 1011.62(1)(o)1.
  702         (b)No more than 15 CAPE Digital Tool certificates limited
  703  to the areas of word processing; spreadsheets; sound, motion,
  704  and color presentations; digital arts; cybersecurity; and coding
  705  pursuant to s. 1003.4203(3) that do not articulate for college
  706  credit. Such certificates shall be annually identified on the
  707  CAPE Industry Certification Funding List and updated solely by
  708  the Chancellor of Career and Adult Education. The certificates
  709  shall be made available to students in elementary school and
  710  middle school grades and, if earned by a student, shall be
  711  eligible for additional full-time equivalent membership pursuant
  712  to s. 1011.62(1)(o)1.
  713         (c)CAPE ESE Digital Tool certificates, workplace industry
  714  certifications, and OSHA industry certifications identified by
  715  the Chancellor of Career and Adult Education for students with
  716  disabilities pursuant to s. 1003.4203(2). Such certificates and
  717  certifications shall be identified on the CAPE Industry
  718  Certification Funding List and, if earned by a student, be
  719  eligible for additional full-time equivalent membership pursuant
  720  to s. 1011.62(1)(o)1.
  721         (d)CAPE Innovation Courses that combine academic and
  722  career performance outcomes with embedded industry
  723  certifications shall be annually approved by the Commissioner of
  724  Education and identified pursuant to s. 1003.4203(5)(a) and, if
  725  completed by a student, be eligible for additional full-time
  726  equivalent membership pursuant to s. 1011.62(1)(o)1.
  727         (e) CAPE Acceleration Industry Certifications that
  728  articulate for 15 or more college credit hours pursuant to s.
  729  1003.4203(5)(b) shall be annually approved by the Commissioner
  730  of Education and, if successfully completed, shall be eligible
  731  for additional full-time equivalent membership pursuant to s.
  732  1011.62(1)(o)1. The approved industry certifications must be
  733  identified on the CAPE Industry Certification Funding List.
  734         (2) The State Board of Education shall approve, at least
  735  annually, the CAPE Postsecondary Industry Certification Funding
  736  List pursuant to this section. The Commissioner of Education
  737  shall recommend, at least annually, the CAPE Postsecondary
  738  Industry Certification Funding List to the State Board of
  739  Education and may at any time recommend adding certifications.
  740  The Chancellor of the State University System, the Chancellor of
  741  the Florida College System, and the Chancellor of Career and
  742  Adult Education shall work with local workforce boards, other
  743  postsecondary institutions, businesses, and industry to
  744  identify, create, and recommend to the Commissioner of Education
  745  industry certifications to be placed on the funding list. The
  746  list shall be used to determine annual performance funding
  747  distributions to school districts or Florida College System
  748  institutions as specified in ss. 1011.80 and 1011.81,
  749  respectively. The chancellors shall review results of the
  750  economic security report of employment and earning outcomes
  751  produced annually pursuant to s. 445.07 s. 445.007 when
  752  determining recommended certifications for the list, as well as
  753  other reports and indicators available regarding certification
  754  needs.
  755         (3) In the case of rigorous industry certifications that
  756  have embedded prerequisite minimum age, grade level, diploma or
  757  degree, postgraduation period of work experience of at least 12
  758  months, or other reasonable requirements that may limit the
  759  extent to which a student can complete all requirements of the
  760  certification recognized by industry for employment purposes,
  761  the Commissioner of Education shall differentiate content,
  762  instructional, and assessment requirements that, when provided
  763  by a public institution and satisfactorily attained by a
  764  student, indicate accomplishment of requirements necessary for
  765  funding pursuant to ss. 1011.62, 1011.80, and 1011.81,
  766  notwithstanding attainment of prerequisite requirements
  767  necessary for recognition by industry for employment purposes.
  768  The differentiated requirements established by the Commissioner
  769  of Education shall be included on in the CAPE Industry
  770  Certification Funding List at the time the certification is
  771  adopted.
  772         (4)(a)CAPE industry certifications and CAPE Digital Tool
  773  certificates placed on the CAPE Industry Certification Funding
  774  List must include the version of the certifications and
  775  certificates available at the time of the adoption and, without
  776  further review and approval, include the subsequent updates to
  777  the certifications and certificates on the approved list, unless
  778  the certifications and certificates are specifically removed
  779  from the CAPE Industry Certification Funding List by the
  780  Commissioner of Education.
  781         (b)The Commissioner of Education may limit CAPE industry
  782  certifications and CAPE Digital Tool certificates to students in
  783  certain grades based on formal recommendations by providers of
  784  CAPE industry certifications and CAPE Digital Tool certificates.
  785         (c)The Articulation Coordinating Committee shall review
  786  statewide articulation agreement proposals for industry
  787  certifications and make recommendations to the State Board of
  788  Education for approval. After an industry certification is
  789  adopted by the State Board of Education for inclusion on the
  790  Industry Certification Funding List, the Chancellor of Career
  791  and Adult Education, within 90 days, must provide to the
  792  Articulation Coordinating Committee recommendations for
  793  articulation of postsecondary credit for related degrees for the
  794  approved certifications.
  795         Section 13. Paragraphs (o), (p), and (s) of subsection (1)
  796  of section 1011.62, Florida Statutes, are amended to read:
  797         1011.62 Funds for operation of schools.—If the annual
  798  allocation from the Florida Education Finance Program to each
  799  district for operation of schools is not determined in the
  800  annual appropriations act or the substantive bill implementing
  801  the annual appropriations act, it shall be determined as
  802  follows:
  803         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  804  OPERATION.—The following procedure shall be followed in
  805  determining the annual allocation to each district for
  806  operation:
  807         (o) Calculation of additional full-time equivalent
  808  membership based on successful completion of a career-themed
  809  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
  810  courses with embedded CAPE industry certifications or CAPE
  811  Digital Tool certificates, and issuance of industry
  812  certification identified on in the CAPE Industry Certification
  813  Funding List pursuant to rules adopted by the State Board of
  814  Education or CAPE Digital Tool certificates pursuant to s.
  815  1003.4203.—
  816         1.a.A value of 0.025 full-time equivalent student
  817  membership shall be calculated for CAPE Digital Tool
  818  certificates earned by students in elementary and middle school
  819  grades.
  820         b.1. A value of 0.1 or 0.2 full-time equivalent student
  821  membership shall be calculated for each student who completes a
  822  career-themed course as defined in s. 1003.493(1)(b) or courses
  823  with embedded CAPE industry certifications and who is issued an
  824  industry certification identified annually on in the CAPE
  825  Industry Certification Funding List approved under rules adopted
  826  by the State Board of Education. The maximum full-time
  827  equivalent student membership value for any student in grades 9
  828  through 12 is 0.3. A value of 0.2 full-time equivalent
  829  membership shall be calculated for each student who is issued a
  830  CAPE an industry certification that has a statewide articulation
  831  agreement for college credit approved by the State Board of
  832  Education. For CAPE industry certifications that do not
  833  articulate for college credit, the Department of Education shall
  834  assign a full-time equivalent value of 0.1 for each
  835  certification. Middle grades students who earn additional FTE
  836  membership for a CAPE Digital Tool certificate pursuant to sub-
  837  subparagraph a. may not use the previously funded examination to
  838  satisfy the requirements for earning an industry certification
  839  under this sub-subparagraph. Additional FTE membership for an
  840  elementary or middle grades student shall not exceed 0.1 for
  841  certificates or certifications earned within the same fiscal
  842  year. The State Board of Education shall include the assigned
  843  values on in the CAPE Industry Certification Funding List under
  844  rules adopted by the state board. Such value shall be added to
  845  the total full-time equivalent student membership in secondary
  846  career education programs for grades 6 9 through 12 in the
  847  subsequent year for courses that were not provided through dual
  848  enrollment. CAPE industry certifications earned through dual
  849  enrollment must be reported and funded pursuant to s. 1011.80
  850  ss. 1011.80 and 1011.81.
  851         c.A value of 0.3 full-time equivalent student membership
  852  shall be calculated for student completion of the courses and
  853  the embedded certifications identified on the CAPE Industry
  854  Certification Funding List and approved by the commissioner
  855  pursuant to s. 1003.4203(5)(a) and s. 1008.44.
  856         d. A value of 0.5 full-time equivalent student membership
  857  shall be calculated for CAPE Acceleration Industry
  858  Certifications that articulate for 15 to 29 college credit
  859  hours, and 1.0 full-time equivalent student membership shall be
  860  calculated for CAPE Acceleration Industry Certifications that
  861  articulate for 30 or more college credit hours pursuant to CAPE
  862  Acceleration Industry Certifications approved by the
  863  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
  864         2. Each district must allocate at least 80 percent of the
  865  funds provided for CAPE industry certification, in accordance
  866  with this paragraph, to the program that generated the funds.
  867  This allocation may not be used to supplant funds provided for
  868  basic operation of the program. Unless a different amount is
  869  specified in the General Appropriations Act, the appropriation
  870  for this calculation is limited to $60 million annually. If the
  871  appropriation is insufficient to fully fund the total
  872  calculation, the appropriation shall be prorated.
  873         3. For CAPE industry certifications earned in the 2013-2014
  874  school year and in subsequent years, the school district shall
  875  distribute to each classroom teacher who provided direct
  876  instruction toward the attainment of a CAPE an industry
  877  certification that qualified for additional full-time equivalent
  878  membership under subparagraph 1.:
  879         a. A bonus in the amount of $25 for each student taught by
  880  a teacher who provided instruction in a course that led to the
  881  attainment of a CAPE an industry certification on the CAPE
  882  Industry Certification Funding List with a weight of 0.1.
  883         b. A bonus in the amount of $50 for each student taught by
  884  a teacher who provided instruction in a course that led to the
  885  attainment of a CAPE an industry certification on the CAPE
  886  Industry Certification Funding List with a weight of 0.2, 0.3,
  887  0.5, and 1.0.
  888         4. For the 2013-2014 fiscal year, the additional FTE
  889  membership calculation must include the additional FTE for any
  890  student who earned a certification in the 2009-2010, 2010-2011,
  891  and 2011-2012 fiscal years who was not previously funded and was
  892  enrolled in 2012-2013.
  893  
  894  Bonuses awarded pursuant to this paragraph shall be provided to
  895  teachers who are employed by the district in the year in which
  896  the additional FTE membership calculation is included in the
  897  calculation. Bonuses shall be calculated based upon the
  898  associated weight of a CAPE an industry certification on the
  899  CAPE Industry Certification Funding List for the year in which
  900  the certification is earned by the student. Any bonus awarded to
  901  a teacher under this paragraph may not exceed $2,000 in any
  902  given school year and is in addition to any regular wage or
  903  other bonus the teacher received or is scheduled to receive.
  904         (p) Calculation of additional full-time equivalent
  905  membership based upon early high school graduation.
  906  Notwithstanding s. 1011.61(4), Each unpaid high school credit
  907  delivered by a school district may receive funding for each
  908  during the student’s prior enrollment may be reported by the
  909  district as 1/6 FTE when the student who graduates early
  910  pursuant to s. 1003.4281. A district may earn 0.25 additional
  911  report up to 1/2 FTE for unpaid credits delivered by the
  912  district for a student who graduates one semester in advance of
  913  the student’s cohort and 0.5 additional and up to 1 FTE for a
  914  student who graduates 1 year or more in advance of the student’s
  915  cohort. If the student was enrolled in the district as a full
  916  time high school student for at least 2 years, the district
  917  shall report the additional unpaid FTE for payment in the
  918  subsequent fiscal year delivered by the district during the
  919  student’s prior enrollment. If the student was enrolled in the
  920  district for less than 2 years, the district of enrollment shall
  921  report the additional unpaid FTE delivered by the district and
  922  by the district in which the student was previously enrolled.
  923  The district of enrollment for which early graduation is claimed
  924  shall transfer a proportionate share of the funds earned for
  925  early graduation the unpaid FTE to the district in which the
  926  student was previously enrolled. Additional FTE included in the
  927  2014-2015 Florida Education Finance Program for early graduation
  928  shall be reported and funded pursuant to this paragraph.
  929         (s) Florida Cyber Security Recognition, Florida Digital
  930  Arts Recognition, and Florida Digital Tools Certificate
  931  established pursuant to s. 1003.4203.
  932         1. Each school district shall certify by June 30 of each
  933  year to the Department of Education each elementary school that
  934  achieves 50 percent of student attainment of the Florida Cyber
  935  Security Recognition or the Florida Digital Arts Recognition
  936  established pursuant to s. 1003.4203. Upon verification by the
  937  department, each school that has achieved the designated student
  938  recognitions shall be awarded a Florida Digital Learning
  939  Certificate of Achievement by the Commissioner of Education.
  940         2. Each middle school shall receive $50 for each student
  941  who earns the Florida Digital Tools Certificate established
  942  pursuant to s. 1003.4203 with a minimum awarded per school of
  943  $1,000 annually and a maximum award per school of $15,000
  944  annually. This performance payment shall be calculated in the
  945  FEFP as a full-time equivalent student.
  946         Section 14. Paragraph (d) is added to subsection (3) of
  947  section 1012.98, Florida Statutes, and subsections (4) and (7)
  948  of that section are amended, to read:
  949         1012.98 School Community Professional Development Act.—
  950         (3) The activities designed to implement this section must:
  951         (d) Provide middle grades instructional personnel and
  952  school administrators with the knowledge, skills, and best
  953  practices necessary to support excellence in classroom
  954  instruction and educational leadership.
  955         (4) The Department of Education, school districts, schools,
  956  Florida College System institutions, and state universities
  957  share the responsibilities described in this section. These
  958  responsibilities include the following:
  959         (a)1. The department shall disseminate to the school
  960  community research-based professional development methods and
  961  programs that have demonstrated success in meeting identified
  962  student needs. The Commissioner of Education shall use data on
  963  student achievement to identify student needs. The methods of
  964  dissemination must include a web-based statewide performance
  965  support system, including a database of exemplary professional
  966  development activities, a listing of available professional
  967  development resources, training programs, and available
  968  assistance.
  969         2. The web-based statewide performance support system
  970  established pursuant to subparagraph 1. must include for middle
  971  grades, subject to appropriation, materials related to classroom
  972  instruction, including integrated digital instruction and
  973  competency-based instruction; CAPE Digital Tool certificates and
  974  CAPE industry certifications; classroom management; student
  975  behavior and interaction; extended learning opportunities for
  976  students; and instructional leadership.
  977         (b) Each school district shall develop a professional
  978  development system as specified in subsection (3). The system
  979  shall be developed in consultation with teachers, teacher
  980  educators of Florida College System institutions and state
  981  universities, business and community representatives, and local
  982  education foundations, consortia, and professional
  983  organizations. The professional development system must:
  984         1. Be approved by the department. All substantial revisions
  985  to the system shall be submitted to the department for review
  986  for continued approval.
  987         2. Be based on analyses of student achievement data and
  988  instructional strategies and methods that support rigorous,
  989  relevant, and challenging curricula for all students. Schools
  990  and districts, in developing and refining the professional
  991  development system, shall also review and monitor school
  992  discipline data; school environment surveys; assessments of
  993  parental satisfaction; performance appraisal data of teachers,
  994  managers, and administrative personnel; and other performance
  995  indicators to identify school and student needs that can be met
  996  by improved professional performance.
  997         3. Provide inservice activities coupled with followup
  998  support appropriate to accomplish district-level and school
  999  level improvement goals and standards. The inservice activities
 1000  for instructional personnel shall focus on analysis of student
 1001  achievement data, ongoing formal and informal assessments of
 1002  student achievement, identification and use of enhanced and
 1003  differentiated instructional strategies that emphasize rigor,
 1004  relevance, and reading in the content areas, enhancement of
 1005  subject content expertise, integrated use of classroom
 1006  technology that enhances teaching and learning, classroom
 1007  management, parent involvement, and school safety.
 1008         4. Include a master plan for inservice activities, pursuant
 1009  to rules of the State Board of Education, for all district
 1010  employees from all fund sources. The master plan shall be
 1011  updated annually by September 1, must be based on input from
 1012  teachers and district and school instructional leaders, and must
 1013  use the latest available student achievement data and research
 1014  to enhance rigor and relevance in the classroom. Each district
 1015  inservice plan must be aligned to and support the school-based
 1016  inservice plans and school improvement plans pursuant to s.
 1017  1001.42(18). Each district inservice plan must provide a
 1018  description of the training that middle grades instructional
 1019  personnel and school administrators receive on the district’s
 1020  code of student conduct adopted pursuant to s. 1006.07;
 1021  integrated digital instruction and competency-based instruction
 1022  and CAPE Digital Tool certificates and CAPE industry
 1023  certifications; classroom management; student behavior and
 1024  interaction; extended learning opportunities for students; and
 1025  instructional leadership. District plans must be approved by the
 1026  district school board annually in order to ensure compliance
 1027  with subsection (1) and to allow for dissemination of research
 1028  based best practices to other districts. District school boards
 1029  must submit verification of their approval to the Commissioner
 1030  of Education no later than October 1, annually. Each school
 1031  principal may establish and maintain an individual professional
 1032  development plan for each instructional employee assigned to the
 1033  school as a seamless component to the school improvement plans
 1034  developed pursuant to s. 1001.42(18). An individual professional
 1035  development plan must be related to specific performance data
 1036  for the students to whom the teacher is assigned, define the
 1037  inservice objectives and specific measurable improvements
 1038  expected in student performance as a result of the inservice
 1039  activity, and include an evaluation component that determines
 1040  the effectiveness of the professional development plan.
 1041         5. Include inservice activities for school administrative
 1042  personnel that address updated skills necessary for
 1043  instructional leadership and effective school management
 1044  pursuant to s. 1012.986.
 1045         6. Provide for systematic consultation with regional and
 1046  state personnel designated to provide technical assistance and
 1047  evaluation of local professional development programs.
 1048         7. Provide for delivery of professional development by
 1049  distance learning and other technology-based delivery systems to
 1050  reach more educators at lower costs.
 1051         8. Provide for the continuous evaluation of the quality and
 1052  effectiveness of professional development programs in order to
 1053  eliminate ineffective programs and strategies and to expand
 1054  effective ones. Evaluations must consider the impact of such
 1055  activities on the performance of participating educators and
 1056  their students’ achievement and behavior.
 1057         9. For middle grades, emphasize:
 1058         a. Interdisciplinary planning, collaboration, and
 1059  instruction.
 1060         b. Alignment of curriculum and instructional materials to
 1061  the state academic standards adopted pursuant to s. 1003.41.
 1062         c. Use of small learning communities; problem-solving,
 1063  inquiry-driven research and analytical approaches for students;
 1064  strategies and tools based on student needs; competency-based
 1065  instruction; integrated digital instruction; and project-based
 1066  instruction.
 1067  
 1068  Each school that includes any of grades 6, 7, or 8 must include
 1069  in its school improvement plan, required under s. 1001.42(18), a
 1070  description of the specific strategies used by the school to
 1071  implement each item listed in this subparagraph.
 1072         (7)(a) The Department of Education shall disseminate, using
 1073  web-based technology, research-based best practice methods by
 1074  which the state and district school boards may evaluate and
 1075  improve the professional development system. The best practices
 1076  must include data that indicate the progress of all students.
 1077  The department shall report annually to the State Board of
 1078  Education and the Legislature any school district that, in the
 1079  determination of the department, has failed to provide an
 1080  adequate professional development system. This report must
 1081  include the results of the department’s investigation and of any
 1082  intervention provided.
 1083         (b) The department shall also disseminate, using web-based
 1084  technology, professional development in the use of integrated
 1085  digital instruction at schools that include middle grades. The
 1086  professional development must provide training and materials
 1087  that districts can use to provide instructional personnel with
 1088  the necessary knowledge, skills, and strategies to effectively
 1089  blend digital instruction into subject-matter curricula. The
 1090  professional development must emphasize online learning and
 1091  research techniques, reading instruction, the use of digital
 1092  devices to supplement the delivery of curricular content to
 1093  students, and digital device management and security. Districts
 1094  are encouraged to incorporate the professional development as
 1095  part of their professional development system.
 1096         Section 15. Paragraph (k) is added to subsection (2) and
 1097  paragraph (y) is added to subsection (3) of section 11.45,
 1098  Florida Statutes, and subsection (8) of that section is amended,
 1099  to read:
 1100         11.45 Definitions; duties; authorities; reports; rules.—
 1101         (2) DUTIES.—The Auditor General shall:
 1102         (k) Annually conduct operational audits of the accounts and
 1103  records of eligible nonprofit scholarship-funding organizations
 1104  receiving eligible contributions under s. 1002.395, including
 1105  any contracts for services with related entities, to determine
 1106  compliance with the provisions of that section. Such audits
 1107  shall include, but not be limited to, a determination of the
 1108  eligible nonprofit scholarship-funding organization’s compliance
 1109  with s. 1002.395(6)(j). The Auditor General shall provide its
 1110  report on the results of the audits to the Governor, the
 1111  President of the Senate, the Speaker of the House of
 1112  Representatives, the Chief Financial Officer, and the
 1113  Legislative Auditing Committee, within 30 days of completion of
 1114  the audit.
 1115  
 1116  The Auditor General shall perform his or her duties
 1117  independently but under the general policies established by the
 1118  Legislative Auditing Committee. This subsection does not limit
 1119  the Auditor General’s discretionary authority to conduct other
 1120  audits or engagements of governmental entities as authorized in
 1121  subsection (3).
 1122         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
 1123  General may, pursuant to his or her own authority, or at the
 1124  direction of the Legislative Auditing Committee, conduct audits
 1125  or other engagements as determined appropriate by the Auditor
 1126  General of:
 1127         (y) The accounts and records of a nonprofit scholarship
 1128  funding organization participating in a state sponsored
 1129  scholarship program authorized by chapter 1002.
 1130         (8) RULES OF THE AUDITOR GENERAL.—The Auditor General, in
 1131  consultation with the Board of Accountancy, shall adopt rules
 1132  for the form and conduct of all financial audits performed by
 1133  independent certified public accountants pursuant to ss.
 1134  215.981, 218.39, 1001.453, 1002.395, 1004.28, and 1004.70. The
 1135  rules for audits of local governmental entities, charter
 1136  schools, charter technical career centers, and district school
 1137  boards must include, but are not limited to, requirements for
 1138  the reporting of information necessary to carry out the purposes
 1139  of the Local Governmental Entity, Charter School, Charter
 1140  Technical Career Center, and District School Board Financial
 1141  Emergencies Act as stated in s. 218.501.
 1142         Section 16. Section 1002.385, Florida Statutes, is created
 1143  to read:
 1144         1002.385 Florida personal learning scholarship accounts.—
 1145         (1) ESTABLISHMENT OF PROGRAM.—The Florida Personal Learning
 1146  Scholarship Accounts Program is established to provide the
 1147  option for a parent to better meet the individual educational
 1148  needs of his or her eligible child.
 1149         (2) DEFINITIONS.—As used in this section, the term:
 1150         (a) “Approved provider” means a provider approved by the
 1151  Agency for Persons with Disabilities, a health care practitioner
 1152  as defined in s. 456.001(4), or a provider approved by the
 1153  department pursuant to s. 1002.66.
 1154         (b) “Curriculum” means a complete course of study for a
 1155  particular content area or grade level, including any required
 1156  supplemental materials.
 1157         (c) “Department” means the Department of Education.
 1158         (d) “Disability” means, for a student in kindergarten to
 1159  grade 12, autism, as defined in s. 393.063(3); cerebral palsy,
 1160  as defined in s. 393.063(4); Down syndrome, as defined in s.
 1161  393.063(13); an intellectual disability, as defined in s.
 1162  393.063(21); Prader-Willi syndrome, as defined in s.
 1163  393.063(25); or Spina bifida, as defined in s. 393.063(36); for
 1164  a student in kindergarten, being a high-risk child, as defined
 1165  in s. 393.063(20)(a); and Williams syndrome.
 1166         (e) “Eligible nonprofit scholarship-funding organization”
 1167  or “organization” has the same meaning as in s. 1002.395.
 1168         (f) “Eligible postsecondary educational institution” means
 1169  a Florida College System institution, a state university, a
 1170  school district technical center, a school district adult
 1171  general education center, or an accredited nonpublic
 1172  postsecondary educational institution, as defined in s. 1005.02,
 1173  which is licensed to operate in the state pursuant to
 1174  requirements specified in part III of chapter 1005.
 1175         (g) “Eligible private school” means a private school, as
 1176  defined in s. 1002.01, which is located in this state, which
 1177  offers an education to students in any grade from kindergarten
 1178  to grade 12, and which meets requirements of:
 1179         1. Sections 1002.42 and 1002.421; and
 1180         2. A scholarship program under s. 1002.39 or s. 1002.395,
 1181  as applicable, if the private school participates in a
 1182  scholarship program under s. 1002.39 or s. 1002.395.
 1183         (h) “IEP” means individual education plan.
 1184         (i) “Parent” means a resident of this state who is a
 1185  parent, as defined in s. 1000.21.
 1186         (j) “Program” means the Florida Personal Learning
 1187  Scholarship Accounts Program established in this section.
 1188         (3) PROGRAM ELIGIBILITY.—A parent of a student with a
 1189  disability may request and receive from the state a Florida
 1190  personal learning scholarship account for the purposes specified
 1191  in subsection (5) if:
 1192         (a) The student:
 1193         1. Is a resident of this state;
 1194         2. Is eligible to enroll in kindergarten through grade 12
 1195  in a public school in this state;
 1196         3. Has a disability as defined in paragraph (2)(d); and
 1197         4. Is the subject of an IEP written in accordance with
 1198  rules of the State Board of Education or has received a
 1199  diagnosis of a disability as defined in subsection (2) from a
 1200  physician who is licensed under chapter 458 or chapter 459 or a
 1201  psychologist who is licensed in this state.
 1202         (b) Beginning January, 2015, the parent has applied to an
 1203  eligible nonprofit scholarship-funding organization to
 1204  participate in the program by February 1 before the school year
 1205  in which the student will participate or an alternative date as
 1206  set by the organization for any vacant, funded slots. The
 1207  request must be communicated directly to the organization in a
 1208  manner that creates a written or electronic record of the
 1209  request and the date of receipt of the request. The organization
 1210  shall notify the district and the department of the parent’s
 1211  intent upon receipt of the parent’s request.
 1212         (4) PROGRAM PROHIBITIONS.—
 1213         (a) A student is not eligible for the program while he or
 1214  she is:
 1215         1. Enrolled in a public school, including, but not limited
 1216  to, the Florida School for the Deaf and the Blind, the Florida
 1217  Virtual School, the College-Preparatory Boarding Academy, a
 1218  developmental research school authorized under s. 1002.32, a
 1219  charter school authorized under s. 1002.33, s. 1002.331, or s.
 1220  1002.332, or a virtual education program authorized under s.
 1221  1002.45;
 1222         2. Enrolled in a school operating for the purpose of
 1223  providing educational services to youth in the Department of
 1224  Juvenile Justice commitment programs;
 1225         3. Receiving a scholarship pursuant to the Florida Tax
 1226  Credit Scholarship Program under s. 1002.395 or the John M.
 1227  McKay Scholarships for Students with Disabilities Program under
 1228  s. 1002.39; or
 1229         4. Receiving any other educational scholarship pursuant to
 1230  this chapter.
 1231         (b) A student is not eligible for the program if:
 1232         1. The student or student’s parent has accepted any
 1233  payment, refund, or rebate, in any manner, from a provider of
 1234  any services received pursuant to subsection (5);
 1235         2. The student’s participation in the program has been
 1236  denied or revoked by the Commissioner of Education pursuant to
 1237  subsection (10); or
 1238         3. The student’s parent has forfeited participation in the
 1239  program for failure to comply with requirements pursuant to
 1240  subsection (11).
 1241         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds may be
 1242  spent for the following purposes:
 1243         (a) Instructional materials, including digital devices,
 1244  digital periphery devices, and assistive technology devices that
 1245  allow a student to access instruction or instructional content.
 1246         (b) Curriculum as defined in paragraph (2)(b).
 1247         (c) Specialized services by approved providers that are
 1248  selected by the parent. These specialized services may include,
 1249  but are not limited to:
 1250         1. Applied behavior analysis services as provided in ss.
 1251  627.6686 and 641.31098.
 1252         2. Services provided by speech-language pathologists as
 1253  defined in s. 468.1125.
 1254         3. Occupational therapy services as defined in s. 468.203.
 1255         4. Services provided by physical therapists as defined in
 1256  s. 486.021.
 1257         5. Services provided by listening and spoken language
 1258  specialists and an appropriate acoustical environment for a
 1259  child who is deaf or hard of hearing and who has received an
 1260  implant or assistive hearing device.
 1261         (d) Enrollment in, or tuition or fees associated with
 1262  enrollment in, an eligible private school, an eligible
 1263  postsecondary educational institution, a private tutoring
 1264  program authorized under s. 1002.43, a virtual program offered
 1265  by a department-approved private online provider that meets the
 1266  provider qualifications specified in s. 1002.45(2)(a), the
 1267  Florida Virtual School as a private paying student, or an
 1268  approved online course offered pursuant to s. 1003.499 or s.
 1269  1004.0961.
 1270         (e) Fees for nationally standardized, norm-referenced
 1271  achievement tests, Advanced Placement Examinations, industry
 1272  certification examinations, assessments related to postsecondary
 1273  education, or other assessments.
 1274         (f) Contributions to the Stanley G. Tate Florida Prepaid
 1275  College Program pursuant to s. 1009.98, for the benefit of the
 1276  eligible student.
 1277         (g) Contracted services provided by a public school or
 1278  school district, including classes. A student who receives
 1279  services under a contract under this paragraph is not considered
 1280  enrolled in a public school for eligibility purposes as
 1281  specified in subsection (4).
 1282  
 1283  A specialized service provider, eligible private school,
 1284  eligible postsecondary educational institution, private tutoring
 1285  program provider, online or virtual program provider, public
 1286  school, school district, or other entity receiving payments
 1287  pursuant to this subsection may not share, refund, or rebate any
 1288  moneys from the Florida Personal learning scholarship account
 1289  with the parent or participating student in any manner.
 1290         (6) TERM OF THE PROGRAM.—For purposes of continuity of
 1291  educational choice, the program payments made under this section
 1292  shall remain in force until a student participating in the
 1293  program participates in any of the prohibited activities
 1294  specified in subsection (4), has funds revoked by the
 1295  Commissioner of Education pursuant to subsection (10), returns
 1296  to a public school, graduates from high school, or attains 22
 1297  years of age, whichever occurs first. A participating student
 1298  who enrolls in a public school or public school program is
 1299  considered to have returned to a public school for the purpose
 1300  of determining the end of the program’s term.
 1301         (7) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
 1302         (a)1. For a student with a disability who does not have a
 1303  matrix of services under s. 1011.62(1)(e) and for whom the
 1304  parent requests a matrix of services, the school district must
 1305  complete a matrix that assigns the student to one of the levels
 1306  of service as they existed before the 2000-2001 school year.
 1307         2.a. Within 10 school days after a school district receives
 1308  notification of a parent’s request for completion of a matrix of
 1309  services, the school district must notify the student’s parent
 1310  if the matrix of services has not been completed and inform the
 1311  parent that the district is required to complete the matrix
 1312  within 30 days after receiving notice of the parent’s request
 1313  for the matrix of services. This notice must include the
 1314  required completion date for the matrix.
 1315         b. The school district shall complete the matrix of
 1316  services for a student whose parent has made a request. The
 1317  school district must provide the student’s parent with the
 1318  student’s matrix level within 10 school days after its
 1319  completion.
 1320         c. The department shall notify the parent and the eligible
 1321  nonprofit scholarship-funding organization of the amount of the
 1322  funds awarded within 10 days after receiving the school
 1323  district’s notification of the student’s matrix level.
 1324         d. A school district may change a matrix of services only
 1325  if the change is to correct a technical, typographical, or
 1326  calculation error.
 1327         (b) For each student participating in the program who
 1328  chooses to participate in statewide, standardized assessments
 1329  under s. 1008.22 or the Florida Alternate Assessment, the school
 1330  district in which the student resides must notify the student
 1331  and his or her parent about the locations and times to take all
 1332  statewide, standardized assessments.
 1333         (c) For each student participating in the program, a school
 1334  district shall notify the parent about the availability of a
 1335  reevaluation at least every 3 years.
 1336         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
 1337  private school may be sectarian or nonsectarian and shall:
 1338         (a) Comply with all requirements for private schools
 1339  participating in state school choice scholarship programs
 1340  pursuant to s. 1002.421.
 1341         (b) Provide to the eligible nonprofit scholarship-funding
 1342  organization, upon request, all documentation required for the
 1343  student’s participation, including the private school’s and
 1344  student’s fee schedules.
 1345         (c) Be academically accountable to the parent for meeting
 1346  the educational needs of the student by:
 1347         1. At a minimum, annually providing to the parent a written
 1348  explanation of the student’s progress.
 1349         2. Annually administering or making provision for students
 1350  participating in the program in grades 3 through 10 to take one
 1351  of the nationally norm-referenced tests identified by the
 1352  Department of Education or the statewide assessments pursuant to
 1353  s. 1008.22. Students with disabilities for whom standardized
 1354  testing is not appropriate are exempt from this requirement. A
 1355  participating private school shall report a student’s scores to
 1356  the parent.
 1357         3. Cooperating with the scholarship student whose parent
 1358  chooses to have the student participate in the statewide
 1359  assessments pursuant to s. 1008.22 or, if a private school
 1360  chooses to offer the statewide assessments, administering the
 1361  assessments at the school.
 1362         a. A participating private school may choose to offer and
 1363  administer the statewide assessments to all students who attend
 1364  the private school in grades 3 through 10.
 1365         b. A participating private school shall submit a request in
 1366  writing to the Department of Education by March 1 of each year
 1367  in order to administer the statewide assessments in the
 1368  subsequent school year.
 1369         (d) Employ or contract with teachers who have regular and
 1370  direct contact with each student receiving a scholarship under
 1371  this section at the school’s physical location.
 1372         (e) Annually contract with an independent certified public
 1373  accountant to perform the agreed-upon procedures developed under
 1374  s. 1002.395(6)(n) and produce a report of the results if the
 1375  private school receives more than $250,000 in funds from
 1376  scholarships awarded under this section in the 2014-2015 state
 1377  fiscal year or a state fiscal year thereafter. A private school
 1378  subject to this paragraph must submit the report by September
 1379  15, 2015, and annually thereafter to the scholarship-funding
 1380  organization that awarded the majority of the school’s
 1381  scholarship funds. The agreed-upon procedures must be conducted
 1382  in accordance with attestation standards established by the
 1383  American Institute of Certified Public Accountants.
 1384  
 1385  The inability of a private school to meet the requirements of
 1386  this subsection constitutes a basis for the ineligibility of the
 1387  private school to participate in the program as determined by
 1388  the department.
 1389         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
 1390  shall:
 1391         (a) Maintain a list of approved providers.
 1392         (b)Require each eligible nonprofit scholarship-funding
 1393  organization to verify eligible expenditures before the
 1394  distribution of funds for any expenditures made pursuant to
 1395  paragraphs (5)(a) and (b). Review of expenditures made for
 1396  services in paragraphs (5)(c) through (g) may be completed after
 1397  the payment has been made.
 1398         (c)Investigate any written complaint of a violation of
 1399  this section in accordance with the process established by s.
 1400  1002.395(9)(f).
 1401         (d)Require quarterly reports by an eligible nonprofit
 1402  scholarship-funding organization regarding the number of
 1403  students participating in the program, the providers of services
 1404  to students, and other information deemed necessary by the
 1405  department.
 1406         (e) Compare the list of student’s participating in the
 1407  program with the public school enrollment lists before each
 1408  program payment to avoid duplicate payments.
 1409         (10) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
 1410         (a) The Commissioner of Education:
 1411         1. Shall deny, suspend, or revoke a student’s participation
 1412  in the program if the health, safety, or welfare of the student
 1413  is threatened or fraud is suspected.
 1414         2. Shall deny, suspend, or revoke an authorized use of
 1415  program funds if the health, safety, or welfare of the student
 1416  is threatened or fraud is suspected.
 1417         3. May deny, suspend, or revoke an authorized use of
 1418  program funds for material failure to comply with this section
 1419  and applicable department rules if the noncompliance is
 1420  correctable within a reasonable period of time. Otherwise, the
 1421  commissioner shall deny, suspend, or revoke an authorized use
 1422  for failure to materially comply with the law and rules adopted
 1423  under this section.
 1424         4. Shall require compliance by the appropriate party by a
 1425  date certain for all nonmaterial failures to comply with this
 1426  section and applicable department rules. The commissioner may
 1427  deny, suspend, or revoke program participation under this
 1428  section thereafter.
 1429         (b) In determining whether to deny, suspend, or revoke in
 1430  accordance with this subsection, the commissioner may consider
 1431  factors that include, but are not limited to, acts or omissions
 1432  by a participating entity which led to a previous denial or
 1433  revocation of participation in an education scholarship program;
 1434  failure to reimburse the eligible nonprofit scholarship-funding
 1435  organization for program funds improperly received or retained
 1436  by the entity; imposition of a prior criminal sanction related
 1437  to the entity or its officers or employees; imposition of a
 1438  civil fine or administrative fine, license revocation or
 1439  suspension, or program eligibility suspension, termination, or
 1440  revocation related to an entity’s management or operation; or
 1441  other types of criminal proceedings in which the entity or its
 1442  officers or employees were found guilty of, regardless of
 1443  adjudication, or entered a plea of nolo contendere or guilty to,
 1444  any offense involving fraud, deceit, dishonesty, or moral
 1445  turpitude.
 1446         (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 1447  PARTICIPATION.—A parent who applies for program participation
 1448  under this section is exercising his or her parental option to
 1449  determine the appropriate placement or the services that best
 1450  meet the needs of his or her child. The scholarship award for a
 1451  student is based on a matrix that assigns the student to support
 1452  Level III services. If a parent chooses to request and receive
 1453  an IEP and a matrix of services from the school district, the
 1454  amount of the payment shall be adjusted as needed, when the
 1455  school district completes the matrix.
 1456         (a) To enroll an eligible student in the program, the
 1457  parent must sign an agreement with the eligible nonprofit
 1458  scholarship-funding organization and annually submit a
 1459  notarized, sworn compliance statement to the organization to:
 1460         1. Affirm that the student is enrolled in a program that
 1461  meets regular school attendance requirements as provided in s.
 1462  1003.01(13)(b) through (d).
 1463         2. Use the program funds only for authorized purposes, as
 1464  described in subsection (5).
 1465         3. Affirm that the student takes all appropriate
 1466  standardized assessments as specified in this section.
 1467         a.If the parent enrolls the child in an eligible private
 1468  school, the student must take an assessment selected by the
 1469  private school pursuant to s. 1002.395(7)(e).
 1470         b.If the parent enrolls the child in a home education
 1471  program, the parent may choose to participate in an assessment
 1472  as part of the annual evaluation provided for in s.
 1473  1002.41(1)(c).
 1474         4.Notify the school district that the student is
 1475  participating in the Personal Learning Scholarship Accounts if
 1476  the parent chooses to enroll in a home education program as
 1477  provided in s. 1002.41.
 1478         5. Request participation in the program by the date
 1479  established by the eligible nonprofit scholarship-funding
 1480  organization.
 1481         6. Affirm that the student remains in good standing with
 1482  the provider or school if those options are selected by the
 1483  parent.
 1484         7. Apply for admission of his or her child if the private
 1485  school option is selected by the parent.
 1486         8. Annually renew participation in the program.
 1487  Notwithstanding any changes to the student’s IEP, a student who
 1488  was previously eligible for participation in the program shall
 1489  remain eligible to apply for renewal as provided in subsection
 1490  (6).
 1491         9. Affirm that the parent will not transfer any college
 1492  savings funds to another beneficiary.
 1493         10. Affirm that the parent will not take possession of any
 1494  funding provided by the state for the Florida Personal Learning
 1495  Scholarship Accounts.
 1496         11. Maintain a portfolio of records and materials which
 1497  must be preserved by the parent for 2 years and be made
 1498  available for inspection by the district school superintendent
 1499  or the superintendent’s designee upon 15 days’ written notice.
 1500  This paragraph does not require the superintendent to inspect
 1501  the portfolio. The portfolio of records and materials must
 1502  consist of:
 1503         a. A log of educational instruction and services which is
 1504  made contemporaneously with delivery of the instruction and
 1505  services and which designates by title any reading materials
 1506  used; and
 1507         b. Samples of any writings, worksheets, workbooks, or
 1508  creative materials used or developed by the student.
 1509         (b)The parent is responsible for procuring the services
 1510  necessary to educate the student. When the student receives a
 1511  personal learning scholarship account, the district school board
 1512  is not obligated to provide the student with a free appropriate
 1513  public education. For purposes of s. 1003.57 and the Individuals
 1514  with Disabilities in Education Act, a participating student has
 1515  only those rights that apply to all other unilaterally
 1516  parentally placed students, except that, when requested by the
 1517  parent, school district personnel must develop an individual
 1518  education plan or matrix level of services.
 1519         (c)The parent is responsible for the payment of all
 1520  eligible expenses in excess of the amount of the personal
 1521  learning scholarship account in accordance with the terms agreed
 1522  to between the parent and the providers.
 1523  
 1524  A parent who fails to comply with this subsection forfeits the
 1525  personal learning scholarship account.
 1526         (12)ADMINISTRATION OF PERSONAL LEARNING SCHOLARSHIP
 1527  ACCOUNTS.—An eligible nonprofit scholarship-funding organization
 1528  participating in the Florida Tax Credit Scholarship Program
 1529  established under s. 1002.395 may establish personal learning
 1530  scholarship accounts for eligible students by:
 1531         (a)Receiving applications and determining student
 1532  eligibility in accordance with the requirements of this section.
 1533  The organization shall notify the department of the applicants
 1534  for the program by March 1 before the school year in which the
 1535  student intends to participate. When an application is received,
 1536  the scholarship funding organization must provide the department
 1537  with information on the student to enable the department to
 1538  report the student for funding in accordance with subsection
 1539  (13).
 1540         (b)Notifying parents of their receipt of a scholarship on
 1541  a first-come, first-served basis based upon the funds provided
 1542  for this program in the General Appropriations Act.
 1543         (c)Establishing a date by which a parent must confirm
 1544  initial or continuing participation in the program and confirm
 1545  the establishment or continuance of a personal learning
 1546  scholarship account.
 1547         (d)Establishing a date and process by which students on
 1548  the wait list or late-filing applicants may be allowed to
 1549  participate in the program during the school year, within the
 1550  amount of funds provided for this program in the General
 1551  Appropriations Act.
 1552         (e)Establishing and maintaining separate accounts for each
 1553  eligible student.
 1554         (f)Verifying qualifying expenditures pursuant to the
 1555  requirements of paragraph (8)(b).
 1556         (g)Returning any unused funds to the department when the
 1557  student is no longer eligible for a personal scholarship
 1558  learning account.
 1559         (13) FUNDING AND PAYMENT.—
 1560         (a)1. The maximum funding amount granted for an eligible
 1561  student with a disability, pursuant to subsection (3), shall be
 1562  equivalent to the base student allocation in the Florida
 1563  Education Finance Program multiplied by the appropriate cost
 1564  factor for the educational program which would have been
 1565  provided for the student in the district school to which he or
 1566  she would have been assigned, multiplied by the district cost
 1567  differential.
 1568         2. In addition, an amount equivalent to a share of the
 1569  guaranteed allocation for exceptional students in the Florida
 1570  Education Finance Program shall be determined and added to the
 1571  amount in subparagraph 1. The calculation shall be based on the
 1572  methodology and the data used to calculate the guaranteed
 1573  allocation for exceptional students for each district in chapter
 1574  2000-166, Laws of Florida. Except as provided in subparagraph
 1575  3., the calculation shall be based on the student’s grade, the
 1576  matrix level of services, and the difference between the 2000
 1577  2001 basic program and the appropriate level of services cost
 1578  factor, multiplied by the 2000-2001 base student allocation and
 1579  the 2000-2001 district cost differential for the sending
 1580  district. The calculated amount must also include an amount
 1581  equivalent to the per-student share of supplemental academic
 1582  instruction funds, instructional materials funds, technology
 1583  funds, and other categorical funds as provided in the General
 1584  Appropriations Act.
 1585         3. Except as otherwise provided, the calculation for all
 1586  students participating in the program shall be based on the
 1587  matrix that assigns the student to support level III of
 1588  services. If a parent chooses to request and receive a matrix of
 1589  services from the school district, when the school district
 1590  completes the matrix, the amount of the payment shall be
 1591  adjusted as needed.
 1592         (b) The amount of the awarded funds shall be 90 percent of
 1593  the calculated amount.
 1594         (c) Upon an eligible student’s graduation from an eligible
 1595  postsecondary educational institution or after any period of 4
 1596  consecutive years after high school graduation in which the
 1597  student is not enrolled in an eligible postsecondary educational
 1598  institution, the student’s personal learning scholarship account
 1599  shall be closed, and any remaining funds shall revert to the
 1600  state.
 1601         (d) The eligible nonprofit scholarship-funding organization
 1602  shall develop a system for payment of benefits by electronic
 1603  funds transfer, including, but not limited to, debit cards,
 1604  electronic payment cards, or any other means of electronic
 1605  payment that the department deems to be commercially viable or
 1606  cost-effective. Commodities or services related to the
 1607  development of such a system shall be procured by competitive
 1608  solicitation unless they are purchased from a state term
 1609  contract pursuant to s. 287.056.
 1610         (e)Moneys received pursuant to this section do not
 1611  constitute taxable income to the parent of the qualified
 1612  student.
 1613         (14)OBLIGATIONS OF THE AUDITOR GENERAL.—
 1614         (a)The Auditor General shall conduct an annual financial
 1615  and operational audit of accounts and records of each eligible
 1616  scholarship-funding organization that participates in the
 1617  program. As part of this audit, the Auditor General shall
 1618  verify, at a minimum, the total amount of students served and
 1619  eligibility of reimbursements made by each eligible nonprofit
 1620  scholarship-funding organization and transmit that information
 1621  to the department.
 1622         (b)The Auditor General shall notify the department of any
 1623  eligible nonprofit scholarship-funding organization that fails
 1624  to comply with a request for information.
 1625         (15)OBLIGATIONS RELATED TO APPROVED PROVIDERS.—The
 1626  Department of Health, the Agency for Persons with Disabilities,
 1627  and the Department of Education shall work with an eligible
 1628  nonprofit scholarship-funding organization for easy or automated
 1629  access to lists of licensed providers of services specified in
 1630  paragraph (5)(c) to ensure efficient administration of the
 1631  program.
 1632         (16) LIABILITY.—The state is not liable for the award or
 1633  any use of awarded funds under this section.
 1634         (17) SCOPE OF AUTHORITY.—This section does not expand the
 1635  regulatory authority of this state, its officers, or any school
 1636  district to impose additional regulation on participating
 1637  private schools, nonpublic postsecondary educational
 1638  institutions, and private providers beyond those reasonably
 1639  necessary to enforce requirements expressly set forth in this
 1640  section.
 1641         (18) RULES.—The State Board of Education shall adopt rules
 1642  pursuant to ss. 120.536(1) and 120.54 to administer this
 1643  section.
 1644         (19)IMPLEMENTATION SCHEDULE FOR THE 2014-2015 SCHOOL
 1645  YEAR.—Notwithstanding the provisions of this section related to
 1646  notification and eligibility timelines, an eligible nonprofit
 1647  scholarship-funding organization may enroll parents on a rolling
 1648  schedule on a first-come, first-served basis, within the amount
 1649  of funds provided in the General Appropriations Act.
 1650         Section 17. Paragraph (c) is added to subsection (1),
 1651  paragraph (f) of subsection (2), subsection (3), subsection (5),
 1652  subsection (6), paragraphs (c) and (e) of subsection (8),
 1653  paragraphs (d), (j), and (o) of subsection (9), and paragraph
 1654  (a) of subsection (12) of section 1002.395, Florida Statutes,
 1655  are amended, present paragraphs (h) through (j) of subsection
 1656  (2) are redesignated as paragraphs (i) through (k),
 1657  respectively, and a new paragraph (h) is added to that
 1658  subsection, paragraph (g) is added to subsection (7), and
 1659  subsection (16) is added to that section, to read:
 1660         1002.395 Florida Tax Credit Scholarship Program.—
 1661         (1) FINDINGS AND PURPOSE.—
 1662         (c) The purpose of this section is not to prescribe the
 1663  standards or curriculum for private schools. A private school
 1664  retains the authority to determine its own standards and
 1665  curriculum.
 1666         (2) DEFINITIONS.—As used in this section, the term:
 1667         (f) “Eligible nonprofit scholarship-funding organization”
 1668  means a state university; or an independent college or
 1669  university that is eligible to participate in the William L.
 1670  Boyd, IV, Florida Resident Access Grant Program, located and
 1671  chartered in this state, is not for profit, and is accredited by
 1672  the Commission on Colleges of the Southern Association of
 1673  Colleges and Schools; or is a charitable organization that:
 1674         1. Is exempt from federal income tax pursuant to s.
 1675  501(c)(3) of the Internal Revenue Code;
 1676         2. Is a Florida entity formed under chapter 607, chapter
 1677  608, or chapter 617 and whose principal office is located in the
 1678  state; and
 1679         3. Complies with subsections the provisions of subsection
 1680  (6) and (16).
 1681         (h) “Household income” has the same meaning as the term
 1682  “income” is defined in the Income Eligibility Guidelines for
 1683  free and reduced price meals under the National School Lunch
 1684  Program in 7 C.F.R. part 210 as published in the Federal
 1685  Register by the United States Department of Agriculture.
 1686         (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.—
 1687         (a) The Florida Tax Credit Scholarship Program is
 1688  established.
 1689         (b) For the 2014-2015 and 2015-2016 school years,
 1690  contingent upon available funds, a student is eligible for a
 1691  Florida tax credit scholarship under this section if the student
 1692  meets one or more of the following criteria:
 1693         1. The student qualifies for free or reduced-price school
 1694  lunches under the National School Lunch Act or is on the direct
 1695  certification list; and:
 1696         a. Was counted as a full-time equivalent student during the
 1697  previous state fiscal year for purposes of state per-student
 1698  funding;
 1699         b. Received a scholarship from an eligible nonprofit
 1700  scholarship-funding organization or from the State of Florida
 1701  during the previous school year; or
 1702         c. Is eligible to enter kindergarten through fifth grade.
 1703         2. The student is currently placed, or during the previous
 1704  state fiscal year was placed, in foster care or in out-of-home
 1705  care as defined in s. 39.01; or.
 1706         3. The student continues in the scholarship program as long
 1707  as the student’s household income level does not exceed 230
 1708  percent of the federal poverty level.
 1709         4. The student, who is a first-time tax credit scholarship
 1710  recipient, is a sibling of a student who is continuing in the
 1711  scholarship program and who resides in the same household as the
 1712  student if the sibling meets one or more of the criteria
 1713  specified in subparagraphs 1. and 2. and as long as the
 1714  student’s and sibling’s household income level does not exceed
 1715  230 percent of the federal poverty level.
 1716         (c) For the 2016-2017 school year and thereafter,
 1717  contingent upon available funds, a student is eligible for a
 1718  Florida tax credit scholarship under this section if the student
 1719  meets one or more of the following criteria:
 1720         1. The student is on the direct certification list or the
 1721  student’s household income level does not exceed 185 percent of
 1722  the federal poverty level; or
 1723         2. The student is currently placed, or during the previous
 1724  state fiscal year was placed, in foster care or in out-of-home
 1725  care as defined in s. 39.01.
 1726         3. The student’s household income level is greater than 185
 1727  percent of the federal poverty level but does not exceed 260
 1728  percent of the federal poverty level.
 1729  
 1730  A student who initially receives a scholarship based on
 1731  eligibility under subparagraph (b)2. or subparagraph (c)2.
 1732  remains eligible until the student graduates from high school or
 1733  attains the age of 21 years, whichever occurs first, regardless
 1734  of the student’s household income level. A sibling of a student
 1735  who is participating in the scholarship program under this
 1736  subsection is eligible for a scholarship if the student resides
 1737  in the same household as the sibling.
 1738         (5) SCHOLARSHIP FUNDING TAX CREDITS; LIMITATIONS.—
 1739         (a)1. The tax credit cap amount is $229 million in the
 1740  2012-2013 state fiscal year.
 1741         2. In the 2013-2014 state fiscal year and each state fiscal
 1742  year thereafter, the tax credit cap amount is the tax credit cap
 1743  amount in the prior state fiscal year. However, in any state
 1744  fiscal year when the annual tax credit amount for the prior
 1745  state fiscal year is equal to or greater than 90 percent of the
 1746  tax credit cap amount applicable to that state fiscal year, the
 1747  tax credit cap amount shall increase by 25 percent. The
 1748  Department of Education and Department of Revenue department
 1749  shall publish on their websites its website information
 1750  identifying the tax credit cap amount when it is increased
 1751  pursuant to this subparagraph.
 1752         (b) A taxpayer may submit an application to the department
 1753  for a tax credit or credits under one or more of s. 211.0251, s.
 1754  212.1831, s. 220.1875, s. 561.1211, or s. 624.51055.
 1755         1. The taxpayer shall specify in the application each tax
 1756  for which the taxpayer requests a credit and the applicable
 1757  taxable year for a credit under s. 220.1875 or s. 624.51055 or
 1758  the applicable state fiscal year for a credit under s. 211.0251,
 1759  s. 212.1831, or s. 561.1211. The department shall approve tax
 1760  credits on a first-come, first-served basis and must obtain the
 1761  division’s approval before prior to approving a tax credit under
 1762  s. 561.1211.
 1763         2. Within 10 days after approving an application, the
 1764  department shall provide a copy of its approval letter to the
 1765  eligible nonprofit scholarship-funding organization specified by
 1766  the taxpayer in the application.
 1767         (c) If a tax credit approved under paragraph (b) is not
 1768  fully used within the specified state fiscal year for credits
 1769  under s. 211.0251, s. 212.1831, or s. 561.1211 or against taxes
 1770  due for the specified taxable year for credits under s. 220.1875
 1771  or s. 624.51055 because of insufficient tax liability on the
 1772  part of the taxpayer, the unused amount may be carried forward
 1773  for a period not to exceed 5 years. However, any taxpayer that
 1774  seeks to carry forward an unused amount of tax credit must
 1775  submit an application to the department for approval of the
 1776  carryforward tax credit in the year that the taxpayer intends to
 1777  use the carryforward. The department must obtain the division’s
 1778  approval prior to approving the carryforward of a tax credit
 1779  under s. 561.1211.
 1780         (d) A taxpayer may not convey, assign, or transfer an
 1781  approved tax credit or a carryforward tax credit to another
 1782  entity unless all of the assets of the taxpayer are conveyed,
 1783  assigned, or transferred in the same transaction. However, a tax
 1784  credit under s. 211.0251, s. 212.1831, s. 220.1875, s. 561.1211,
 1785  or s. 624.51055 may be conveyed, transferred, or assigned
 1786  between members of an affiliated group of corporations if the
 1787  type of tax credit under s. 211.0251, s. 212.1831, s. 220.1875,
 1788  s. 561.1211, or s. 624.51055 remains the same. A taxpayer shall
 1789  notify the department of its intent to convey, transfer, or
 1790  assign a tax credit to another member within an affiliated group
 1791  of corporations. The amount conveyed, transferred, or assigned
 1792  is available to another member of the affiliated group of
 1793  corporations upon approval by the department. The department
 1794  shall obtain the division’s approval before approving a
 1795  conveyance, transfer, or assignment of a tax credit under s.
 1796  561.1211.
 1797         (e) Within any state fiscal year, a taxpayer may rescind
 1798  all or part of a tax credit approved under paragraph (b). The
 1799  amount rescinded shall become available for that state fiscal
 1800  year to another eligible taxpayer as approved by the department
 1801  if the taxpayer receives notice from the department that the
 1802  rescindment has been accepted by the department. The department
 1803  must obtain the division’s approval prior to accepting the
 1804  rescindment of a tax credit under s. 561.1211. Any amount
 1805  rescinded under this paragraph shall become available to an
 1806  eligible taxpayer on a first-come, first-served basis based on
 1807  tax credit applications received after the date the rescindment
 1808  is accepted by the department.
 1809         (f) For purposes of calculating the underpayment of
 1810  estimated corporate income taxes pursuant to s. 220.34 and tax
 1811  installment payments for taxes on insurance premiums or
 1812  assessments under s. 624.5092, the final amount due is the
 1813  amount after credits earned under s. 220.1875 or s. 624.51055
 1814  for contributions to eligible nonprofit scholarship-funding
 1815  organizations are deducted.
 1816         1. For purposes of determining if a penalty or interest
 1817  shall be imposed for underpayment of estimated corporate income
 1818  tax pursuant to s. 220.34(2)(d)1., a taxpayer may, after earning
 1819  a credit under s. 220.1875, reduce the following estimated
 1820  payment in that taxable year by the amount of the credit. This
 1821  subparagraph applies to contributions made on or after July 1,
 1822  2014.
 1823         2. For purposes of determining if a penalty under s.
 1824  624.5092 shall be imposed, an insurer may, after earning a
 1825  credit under s. 624.51055, reduce the following installment
 1826  payment of 27 percent of the amount of the net tax due as
 1827  reported on the return for the preceding year under s.
 1828  624.5092(2)(b) by the amount of the credit. This subparagraph
 1829  applies to contributions made on or after July 1, 2014.
 1830         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 1831  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 1832  organization:
 1833         (a) Must comply with the antidiscrimination provisions of
 1834  42 U.S.C. s. 2000d.
 1835         (b) Must comply with the following background check
 1836  requirements:
 1837         1. All owners and operators as defined in subparagraph
 1838  (2)(i)1. (2)(h)1. are, before upon employment or engagement to
 1839  provide services, subject to level 2 background screening as
 1840  provided under chapter 435. The fingerprints for the background
 1841  screening must be electronically submitted to the Department of
 1842  Law Enforcement and can be taken by an authorized law
 1843  enforcement agency or by an employee of the eligible nonprofit
 1844  scholarship-funding organization or a private company who is
 1845  trained to take fingerprints. However, the complete set of
 1846  fingerprints of an owner or operator may not be taken by the
 1847  owner or operator. The results of the state and national
 1848  criminal history check shall be provided to the Department of
 1849  Education for screening under chapter 435. The cost of the
 1850  background screening may be borne by the eligible nonprofit
 1851  scholarship-funding organization or the owner or operator.
 1852         2. Every 5 years following employment or engagement to
 1853  provide services or association with an eligible nonprofit
 1854  scholarship-funding organization, each owner or operator must
 1855  meet level 2 screening standards as described in s. 435.04, at
 1856  which time the nonprofit scholarship-funding organization shall
 1857  request the Department of Law Enforcement to forward the
 1858  fingerprints to the Federal Bureau of Investigation for level 2
 1859  screening. If the fingerprints of an owner or operator are not
 1860  retained by the Department of Law Enforcement under subparagraph
 1861  3., the owner or operator must electronically file a complete
 1862  set of fingerprints with the Department of Law Enforcement. Upon
 1863  submission of fingerprints for this purpose, the eligible
 1864  nonprofit scholarship-funding organization shall request that
 1865  the Department of Law Enforcement forward the fingerprints to
 1866  the Federal Bureau of Investigation for level 2 screening, and
 1867  the fingerprints shall be retained by the Department of Law
 1868  Enforcement under subparagraph 3.
 1869         3. All Fingerprints submitted to the Department of Law
 1870  Enforcement as required by this paragraph must be retained by
 1871  the Department of Law Enforcement in a manner approved by rule
 1872  and entered in the statewide automated biometric identification
 1873  system authorized by s. 943.05(2)(b). The fingerprints must
 1874  thereafter be available for all purposes and uses authorized for
 1875  arrest fingerprints entered in the statewide automated biometric
 1876  identification system pursuant to s. 943.051.
 1877         4. The Department of Law Enforcement shall search all
 1878  arrest fingerprints received under s. 943.051 against the
 1879  fingerprints retained in the statewide automated biometric
 1880  identification system under subparagraph 3. Any arrest record
 1881  that is identified with an owner’s or operator’s fingerprints
 1882  must be reported to the Department of Education. The Department
 1883  of Education shall participate in this search process by paying
 1884  an annual fee to the Department of Law Enforcement and by
 1885  informing the Department of Law Enforcement of any change in the
 1886  employment, engagement, or association status of the owners or
 1887  operators whose fingerprints are retained under subparagraph 3.
 1888  The Department of Law Enforcement shall adopt a rule setting the
 1889  amount of the annual fee to be imposed upon the Department of
 1890  Education for performing these services and establishing the
 1891  procedures for the retention of owner and operator fingerprints
 1892  and the dissemination of search results. The fee may be borne by
 1893  the owner or operator of the nonprofit scholarship-funding
 1894  organization.
 1895         5. A nonprofit scholarship-funding organization whose owner
 1896  or operator fails the level 2 background screening is not shall
 1897  not be eligible to provide scholarships under this section.
 1898         6. A nonprofit scholarship-funding organization whose owner
 1899  or operator in the last 7 years has filed for personal
 1900  bankruptcy or corporate bankruptcy in a corporation of which he
 1901  or she owned more than 20 percent shall not be eligible to
 1902  provide scholarships under this section.
 1903         7. In addition to the offenses listed in s. 435.04, a
 1904  person required to undergo background screening pursuant to this
 1905  part or authorizing statutes must not have an arrest awaiting
 1906  final disposition for, must not have been found guilty of, or
 1907  entered a plea of nolo contendere to, regardless of
 1908  adjudication, and must not have been adjudicated delinquent, and
 1909  the record must not have been sealed or expunged for, any of the
 1910  following offenses or any similar offense of another
 1911  jurisdiction:
 1912         a. Any authorizing statutes, if the offense was a felony.
 1913         b. This chapter, if the offense was a felony.
 1914         c. Section 409.920, relating to Medicaid provider fraud.
 1915         d. Section 409.9201, relating to Medicaid fraud.
 1916         e. Section 741.28, relating to domestic violence.
 1917         f. Section 817.034, relating to fraudulent acts through
 1918  mail, wire, radio, electromagnetic, photoelectronic, or
 1919  photooptical systems.
 1920         g. Section 817.234, relating to false and fraudulent
 1921  insurance claims.
 1922         h. Section 817.505, relating to patient brokering.
 1923         i. Section 817.568, relating to criminal use of personal
 1924  identification information.
 1925         j. Section 817.60, relating to obtaining a credit card
 1926  through fraudulent means.
 1927         k. Section 817.61, relating to fraudulent use of credit
 1928  cards, if the offense was a felony.
 1929         l. Section 831.01, relating to forgery.
 1930         m. Section 831.02, relating to uttering forged instruments.
 1931         n. Section 831.07, relating to forging bank bills, checks,
 1932  drafts, or promissory notes.
 1933         o. Section 831.09, relating to uttering forged bank bills,
 1934  checks, drafts, or promissory notes.
 1935         p. Section 831.30, relating to fraud in obtaining medicinal
 1936  drugs.
 1937         q. Section 831.31, relating to the sale, manufacture,
 1938  delivery, or possession with the intent to sell, manufacture, or
 1939  deliver any counterfeit controlled substance, if the offense was
 1940  a felony.
 1941         (c) Must not have an owner or operator who owns or operates
 1942  an eligible private school that is participating in the
 1943  scholarship program.
 1944         (d) Must provide scholarships, from eligible contributions,
 1945  to eligible students for the cost of:
 1946         1. Tuition and fees for an eligible private school; or
 1947         2. Transportation to a Florida public school that is
 1948  located outside the district in which the student resides or to
 1949  a lab school as defined in s. 1002.32.
 1950         (e) Must give first priority to eligible students who
 1951  received a scholarship from an eligible nonprofit scholarship
 1952  funding organization or from the State of Florida during the
 1953  previous school year. Beginning in the 2016-2017 school year, an
 1954  eligible nonprofit scholarship-funding organization shall give
 1955  priority to new applicants whose household income levels do not
 1956  exceed 185 percent of the federal poverty level or who are in
 1957  foster care or out-of-home care.
 1958         (f) Must provide a scholarship to an eligible student on a
 1959  first-come, first-served basis unless the student qualifies for
 1960  priority pursuant to paragraph (e).
 1961         (g) May not restrict or reserve scholarships for use at a
 1962  particular private school or provide scholarships to a child of
 1963  an owner or operator.
 1964         (h) Must allow a student in foster care or out-of-home care
 1965  to apply for a scholarship at any time.
 1966         (i)(h) Must allow an eligible student to attend any
 1967  eligible private school and must allow a parent to transfer a
 1968  scholarship during a school year to any other eligible private
 1969  school of the parent’s choice.
 1970         (j)(i)1. May use up to 3 percent of eligible contributions
 1971  received during the state fiscal year in which such
 1972  contributions are collected for administrative expenses if the
 1973  organization has operated under this section for at least 3
 1974  state fiscal years and did not have any negative financial
 1975  findings in its most recent audit under paragraph (m) (l). Such
 1976  administrative expenses must be reasonable and necessary for the
 1977  organization’s management and distribution of eligible
 1978  contributions under this section. No funds authorized under this
 1979  subparagraph shall be used for lobbying or political activity or
 1980  expenses related to lobbying or political activity. Up to No
 1981  more than one-third of the funds authorized for administrative
 1982  expenses under this subparagraph may be used for expenses
 1983  related to the recruitment of contributions from taxpayers. If
 1984  an eligible nonprofit scholarship-funding organization charges
 1985  an application fee for a scholarship, the application fee must
 1986  be immediately refunded to the person that paid the fee if the
 1987  student is not enrolled in a participating school within twelve
 1988  months.
 1989         2. Must expend for annual or partial-year scholarships an
 1990  amount equal to or greater than 75 percent of the net eligible
 1991  contributions remaining after administrative expenses during the
 1992  state fiscal year in which such contributions are collected. No
 1993  more than 25 percent of such net eligible contributions may be
 1994  carried forward to the following state fiscal year. All amounts
 1995  carried forward, for audit purposes, must be specifically
 1996  identified for particular students, by student name and the name
 1997  of the school to which the student is admitted, subject to the
 1998  requirements of s. 1002.22, s. 1002.221, 20 U.S.C. s. 1232g, and
 1999  the applicable rules and regulations issued pursuant thereto.
 2000  Any amounts carried forward shall be expended for annual or
 2001  partial-year scholarships in the following state fiscal year.
 2002  Net eligible contributions remaining on June 30 of each year
 2003  that are in excess of the 25 percent that may be carried forward
 2004  shall be returned to the State Treasury for deposit in the
 2005  General Revenue Fund.
 2006         3. Must, before granting a scholarship for an academic
 2007  year, document each scholarship student’s eligibility for that
 2008  academic year. A scholarship-funding organization may not grant
 2009  multiyear scholarships in one approval process.
 2010         (k)(j) Must maintain separate accounts for scholarship
 2011  funds and operating funds.
 2012         (l)(k) With the prior approval of the Department of
 2013  Education, may transfer funds to another eligible nonprofit
 2014  scholarship-funding organization if additional funds are
 2015  required to meet scholarship demand at the receiving nonprofit
 2016  scholarship-funding organization. A transfer is shall be limited
 2017  to the greater of $500,000 or 20 percent of the total
 2018  contributions received by the nonprofit scholarship-funding
 2019  organization making the transfer. All transferred funds must be
 2020  deposited by the receiving nonprofit scholarship-funding
 2021  organization into its scholarship accounts. All transferred
 2022  amounts received by any nonprofit scholarship-funding
 2023  organization must be separately disclosed in the annual
 2024  financial and compliance audit required in this section.
 2025         (m)(l) Must provide to the Auditor General and the
 2026  Department of Education a report on the results of an annual
 2027  financial and compliance audit of its accounts and records
 2028  conducted by an independent certified public accountant and in
 2029  accordance with auditing standards generally accepted in the
 2030  United States, government auditing standards, and rules
 2031  promulgated adopted by the Auditor General. The audit report
 2032  must be conducted in compliance with generally accepted auditing
 2033  standards and must include a report on financial statements
 2034  presented in accordance with generally accepted accounting
 2035  principles set forth by the American Institute of Certified
 2036  Public Accountants for not-for-profit organizations and a
 2037  determination of compliance with the statutory eligibility and
 2038  expenditure requirements set forth in this section. Audit
 2039  reports Audits must be provided to the Auditor General and the
 2040  Department of Education within 180 days after completion of the
 2041  eligible nonprofit scholarship-funding organization’s fiscal
 2042  year. The Auditor General shall review all audit reports
 2043  submitted pursuant to this paragraph. The Auditor General shall
 2044  request any significant items that were omitted in violation of
 2045  a rule adopted by the Auditor General. The items must be
 2046  provided within 45 days after the date of the request. If the
 2047  scholarship-funding organization does not comply with the
 2048  Auditor General’s request, the Auditor General shall notify the
 2049  Legislative Auditing Committee.
 2050         (n)(m) Must prepare and submit quarterly reports to the
 2051  Department of Education pursuant to paragraph (9)(m). In
 2052  addition, an eligible nonprofit scholarship-funding organization
 2053  must submit in a timely manner any information requested by the
 2054  Department of Education relating to the scholarship program.
 2055         (o)(n)1.a. Must participate in the joint development of
 2056  agreed-upon procedures to be performed by an independent
 2057  certified public accountant as required under paragraph (8)(e)
 2058  if the scholarship-funding organization provided more than
 2059  $250,000 in scholarship funds to an eligible private school
 2060  under this section during the 2009-2010 state fiscal year. The
 2061  agreed-upon procedures must uniformly apply to all private
 2062  schools and must determine, at a minimum, whether the private
 2063  school has been verified as eligible by the Department of
 2064  Education under paragraph (9)(c); has an adequate accounting
 2065  system, system of financial controls, and process for deposit
 2066  and classification of scholarship funds; and has properly
 2067  expended scholarship funds for education-related expenses.
 2068  During the development of the procedures, the participating
 2069  scholarship-funding organizations shall specify guidelines
 2070  governing the materiality of exceptions that may be found during
 2071  the accountant’s performance of the procedures. The procedures
 2072  and guidelines shall be provided to private schools and the
 2073  Commissioner of Education by March 15, 2011.
 2074         b. Must participate in a joint review of the agreed-upon
 2075  procedures and guidelines developed under sub-subparagraph a.,
 2076  by February 2013 and biennially thereafter, if the scholarship
 2077  funding organization provided more than $250,000 in scholarship
 2078  funds to an eligible private school under this section during
 2079  the state fiscal year preceding the biennial review. If the
 2080  procedures and guidelines are revised, the revisions must be
 2081  provided to private schools and the Commissioner of Education by
 2082  March 15, 2013, and biennially thereafter.
 2083         c. Must monitor the compliance of a private school with
 2084  paragraph (8)(e) if the scholarship-funding organization
 2085  provided the majority of the scholarship funding to the school.
 2086  For each private school subject to paragraph (8)(e), the
 2087  appropriate scholarship-funding organization shall notify the
 2088  Commissioner of Education by October 30, 2011, and annually
 2089  thereafter of:
 2090         (I) A private school’s failure to submit a report required
 2091  under paragraph (8)(e); or
 2092         (II) Any material exceptions set forth in the report
 2093  required under paragraph (8)(e).
 2094         2. Must seek input from the accrediting associations that
 2095  are members of the Florida Association of Academic Nonpublic
 2096  Schools when jointly developing the agreed-upon procedures and
 2097  guidelines under sub-subparagraph 1.a. and conducting a review
 2098  of those procedures and guidelines under sub-subparagraph 1.b.
 2099         (p) Must maintain the surety bond or letter of credit
 2100  required by subsection (16). The amount of the surety bond or
 2101  letter of credit may be adjusted quarterly to equal the actual
 2102  amount of undisbursed funds based upon submission by the
 2103  organization of a statement from a certified public accountant
 2104  verifying the amount of undisbursed funds. The requirements of
 2105  this paragraph are waived if the cost of acquiring a surety bond
 2106  or letter of credit exceeds the average 10-year cost of
 2107  acquiring a surety bond or letter of credit by 200 percent. The
 2108  requirements of this paragraph are waived for a state
 2109  university; or an independent college or university which is
 2110  eligible to participate in the William L. Boyd, IV, Florida
 2111  Resident Access Grant Program, located and chartered in this
 2112  state, is not for profit, and is accredited by the Commission on
 2113  Colleges of the Southern Association of Colleges and Schools.
 2114         (q) Must provide to the Auditor General any information or
 2115  documentation requested in connection with an operational audit
 2116  of a scholarship funding organization conducted pursuant to s.
 2117  11.45.
 2118  
 2119  Any and all Information and documentation provided to the
 2120  Department of Education and the Auditor General relating to the
 2121  identity of a taxpayer that provides an eligible contribution
 2122  under this section shall remain confidential at all times in
 2123  accordance with s. 213.053.
 2124         (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 2125  PARTICIPATION.—
 2126         (g) The parent shall authorize the nonprofit scholarship
 2127  funding organization to access information needed for income
 2128  eligibility determination and verification held by other state
 2129  or federal agencies, including the Department of Revenue, the
 2130  Department of Children and Families, the Department of
 2131  Education, the Department of Economic Opportunity, and the
 2132  Agency for Health Care Administration.
 2133         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
 2134  private school may be sectarian or nonsectarian and must:
 2135         (c) Be academically accountable to the parent for meeting
 2136  the educational needs of the student by:
 2137         1. At a minimum, annually providing to the parent a written
 2138  explanation of the student’s progress.
 2139         2. Annually administering or making provision for students
 2140  participating in the scholarship program in grades 3 through 10
 2141  to take one of the nationally norm-referenced tests identified
 2142  by the Department of Education or the statewide assessments
 2143  pursuant to s. 1008.22. Students with disabilities for whom
 2144  standardized testing is not appropriate are exempt from this
 2145  requirement. A participating private school must report a
 2146  student’s scores to the parent. A participating private school
 2147  must annually report by August 15 the scores of all
 2148  participating students to the Learning System Institute
 2149  independent research organization described in paragraph (9)(j).
 2150         3. Cooperating with the scholarship student whose parent
 2151  chooses to have the student participate in the statewide
 2152  assessments pursuant to s. 1008.22 or, if a private school
 2153  chooses to offer the statewide assessments, administering the
 2154  assessments at the school.
 2155         a. A participating private school may choose to offer and
 2156  administer the statewide assessments to all students who attend
 2157  the private school in grades 3 through 10.
 2158         b. A participating private school must submit a request in
 2159  writing to the Department of Education by March 1 of each year
 2160  in order to administer the statewide assessments in the
 2161  subsequent school year.
 2162         (e) Annually contract with an independent certified public
 2163  accountant to perform the agreed-upon procedures developed under
 2164  paragraph (6)(o) (6)(n) and produce a report of the results if
 2165  the private school receives more than $250,000 in funds from
 2166  scholarships awarded under this section in the 2010-2011 state
 2167  fiscal year or a state fiscal year thereafter. A private school
 2168  subject to this paragraph must submit the report by September
 2169  15, 2011, and annually thereafter to the scholarship-funding
 2170  organization that awarded the majority of the school’s
 2171  scholarship funds. The agreed-upon procedures must be conducted
 2172  in accordance with attestation standards established by the
 2173  American Institute of Certified Public Accountants.
 2174  
 2175  The inability of a private school to meet the requirements of
 2176  this subsection shall constitute a basis for the ineligibility
 2177  of the private school to participate in the scholarship program
 2178  as determined by the Department of Education.
 2179         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
 2180  Education shall:
 2181         (d) Annually verify the eligibility of expenditures as
 2182  provided in paragraph (6)(d) using the audit required by
 2183  paragraph (6)(m) and s. 11.45(2)(k) (6)(l).
 2184         (j) Issue a project grant award to the Learning System
 2185  Institute at the Florida State University Select an independent
 2186  research organization, which may be a public or private entity
 2187  or university, to which participating private schools must
 2188  report the scores of participating students on the nationally
 2189  norm-referenced tests or the statewide assessments administered
 2190  by the private school in grades 3 through 10. The project term
 2191  is 2 years, and the amount of the project is up to $500,000 per
 2192  year. The project grant award must be reissued in 2 year
 2193  intervals in accordance with this paragraph.
 2194         1. The Learning System Institute independent research
 2195  organization must annually report to the Department of Education
 2196  on the student performance year-to-year learning gains of
 2197  participating students:
 2198         a. On a statewide basis. The report shall also include, to
 2199  the extent possible, a comparison of scholarship students’
 2200  performance these learning gains to the statewide student
 2201  performance learning gains of public school students with
 2202  socioeconomic backgrounds similar to those of students
 2203  participating in the scholarship program. To minimize costs and
 2204  reduce time required for the Learning System Institute’s
 2205  independent research organization’s analysis and evaluation, the
 2206  Department of Education shall coordinate with the Learning
 2207  System Institute to provide data to the Learning System
 2208  Institute in order to conduct analyses of matched students from
 2209  public school assessment data and calculate control group
 2210  student performance learning gains using an agreed-upon
 2211  methodology outlined in the contract with the Learning System
 2212  Institute independent research organization; and
 2213         b. On an individual school basis. The annual report must
 2214  include student performance for each participating private
 2215  school in which at least 51 percent of the total enrolled
 2216  students in the private school participated in the Florida Tax
 2217  Credit Scholarship Program in the prior school year. The report
 2218  shall be according to each participating private school, and for
 2219  participating students, in which there are at least 30
 2220  participating students who have scores for tests administered
 2221  during or after the 2009-2010 school year for 2 consecutive
 2222  years at that private school. If the Learning System Institute
 2223  determines that the 30 participating student cell size may be
 2224  reduced without disclosing personally identifiable information,
 2225  as described in 34 C.F.R. 99.12, of a participating student, the
 2226  Learning System Institute may reduce the participating student
 2227  cell size, but the cell size must not be reduced to less than 10
 2228  participating students. The department shall provide each
 2229  private school’s prior school year’s student enrollment
 2230  information to the Learning System Institute no later than June
 2231  15 of each year, or as requested by the Learning System
 2232  Institute.
 2233         2. The sharing and reporting of student performance
 2234  learning gain data under this paragraph must be in accordance
 2235  with requirements of s. 1002.22, s. 1002.221, 20 U.S.C. s.
 2236  1232g, the Family Educational Rights and Privacy Act, and the
 2237  applicable rules and regulations issued pursuant thereto, and
 2238  shall be for the sole purpose of creating the annual report
 2239  required by subparagraph 1. All parties must preserve the
 2240  confidentiality of such information as required by law. The
 2241  annual report must not disaggregate data to a level that will
 2242  identify individual participating schools, except as required
 2243  under sub-subparagraph 1.b., or disclose the academic level of
 2244  individual students.
 2245         3. The annual report required by subparagraph 1. shall be
 2246  published by the Department of Education on its website.
 2247         (o) Provide a process to match the direct certification
 2248  list with the scholarship application data submitted by any
 2249  nonprofit scholarship-funding organization eligible to receive
 2250  the 3-percent administrative allowance under paragraph (6)(j)
 2251  (6)(i).
 2252         (12) SCHOLARSHIP AMOUNT AND PAYMENT.—
 2253         (a)1. Except as provided in subparagraph 2., the amount of
 2254  a scholarship provided to any student for any single school year
 2255  by an eligible nonprofit scholarship-funding organization from
 2256  eligible contributions shall be for total costs authorized under
 2257  paragraph (6)(d), not to exceed annual limits, which shall be
 2258  determined as follows:
 2259         1.a. For a scholarship awarded to a student enrolled in an
 2260  eligible private school:
 2261         (I) For the 2009-2010 state fiscal year, the limit shall be
 2262  $3,950.
 2263         (II) For the 2010-2011 state fiscal year, the limit shall
 2264  be 60 percent of the unweighted FTE funding amount for that
 2265  year.
 2266         (III) For the 2011-2012 state fiscal year and thereafter,
 2267  the limit shall be determined by multiplying the unweighted FTE
 2268  funding amount in that state fiscal year by the percentage used
 2269  to determine the limit in the prior state fiscal year. However,
 2270  in each state fiscal year that the tax credit cap amount
 2271  increases pursuant to paragraph (5)(a) subparagraph (5)(a)2.,
 2272  the prior year percentage shall be increased by 4 percentage
 2273  points and the increased percentage shall be used to determine
 2274  the limit for that state fiscal year. If the percentage so
 2275  calculated reaches 80 percent in a state fiscal year, no further
 2276  increase in the percentage is allowed and the limit shall be 80
 2277  percent of the unweighted FTE funding amount for that state
 2278  fiscal year and thereafter. Beginning in the 2016-2017 state
 2279  fiscal year, the amount of a scholarship awarded to a student
 2280  enrolled in an eligible private school shall be equal to 82
 2281  percent of the unweighted FTE funding amount for that state
 2282  fiscal year and thereafter.
 2283         b. For a scholarship awarded to a student enrolled in a
 2284  Florida public school that is located outside the district in
 2285  which the student resides or in a lab school as defined in s.
 2286  1002.32, the limit shall be $500.
 2287         2. The annual limit for a scholarship under sub
 2288  subparagraph 1.a. shall be reduced by:
 2289         a. Twenty-five percent if the student’s household income
 2290  level is equal to or greater than 200 percent, but less than 215
 2291  percent, of the federal poverty level.
 2292         b. Fifty percent if the student’s household income level is
 2293  equal to or greater than 215 percent, but equal to or less than
 2294  230 percent, of the federal poverty level.
 2295         3. For the 2016-2017 state fiscal year and thereafter, the
 2296  annual limit for a scholarship under sub-subparagraph 1.a. shall
 2297  be reduced by:
 2298         a. Twelve percent if the student’s household income level
 2299  is greater than or equal to 200 percent, but less than 215
 2300  percent, of the federal poverty level.
 2301         b. Twenty-six percent if the student’s household income
 2302  level is greater than or equal to 215 percent, but less than 230
 2303  percent, of the federal poverty level.
 2304         c. Forty percent if the student’s household income level is
 2305  greater than or equal to 230 percent, but less than 245 percent,
 2306  of the federal poverty level.
 2307         d. Fifty percent if the student’s household income level is
 2308  greater than or equal to 245 percent, but less than or equal to
 2309  260 percent, of the federal poverty level.
 2310         (16) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;
 2311  APPLICATION.—In order to participate in the scholarship program
 2312  created under this section, a charitable organization that seeks
 2313  to be a nonprofit scholarship-funding organization must submit
 2314  an application for initial approval or renewal to the Office of
 2315  Independent Education and Parental Choice no later than
 2316  September 1 of each year before the school year for which the
 2317  organization intends to offer scholarships.
 2318         (a) An application for initial approval must include:
 2319         1. A copy of the organization’s incorporation documents and
 2320  registration with the Division of Corporations of the Department
 2321  of State.
 2322         2. A copy of the organization’s Internal Revenue Service
 2323  determination letter as a s. 501(c)(3) not-for-profit
 2324  organization.
 2325         3. A description of the organization’s financial plan that
 2326  demonstrates sufficient funds to operate throughout the school
 2327  year.
 2328         4. A description of the geographic region that the
 2329  organization intends to serve and an analysis of the demand and
 2330  unmet need for eligible students in that area.
 2331         5. The organization’s organizational chart.
 2332         6. A description of the criteria and methodology that the
 2333  organization will use to evaluate scholarship eligibility.
 2334         7. A description of the application process, including
 2335  deadlines and any associated fees.
 2336         8. A description of the deadlines for attendance
 2337  verification and scholarship payments.
 2338         9. A copy of the organization’s policies on conflict of
 2339  interest and whistleblowers.
 2340         10. A copy of a surety bond or letter of credit in an
 2341  amount equal to 25 percent of the scholarship funds anticipated
 2342  for each school year or $100,000, whichever is greater.
 2343         (b) In addition to the information required by
 2344  subparagraphs (a)1.-9., an application for renewal must include:
 2345         1. A surety bond or letter of credit equal to the amount of
 2346  undisbursed donations held by the organization based on the
 2347  annual report submitted pursuant to paragraph (6)(m). The amount
 2348  of the surety bond or letter of credit must be at least
 2349  $100,000, but not more than $25 million.
 2350         2. The organization’s completed Internal Revenue Service
 2351  Form 990 submitted no later than November 30 of the year before
 2352  the school year that the organization intends to offer the
 2353  scholarships, notwithstanding the September 1 application
 2354  deadline.
 2355         3. A copy of the statutorily required audit to the
 2356  Department of Education and Auditor General.
 2357         4. An annual report that includes:
 2358         a. The number of students who completed applications, by
 2359  county and by grade.
 2360         b. The number of students who were approved for
 2361  scholarships, by county and by grade.
 2362         c. The number of students who received funding for
 2363  scholarships within each funding category, by county and by
 2364  grade.
 2365         d. The amount of funds received, the amount of funds
 2366  distributed in scholarships, and an accounting of remaining
 2367  funds and the obligation of those funds.
 2368         e. A detailed accounting of how the organization spent the
 2369  administrative funds allowable under paragraph (6)(j).
 2370         (c) In consultation with the Department of Revenue and the
 2371  Chief Financial Officer, the Office of Independent Education and
 2372  Parental Choice shall review the application. The Department of
 2373  Education shall notify the organization in writing of any
 2374  deficiencies within 30 days after receipt of the application and
 2375  allow the organization 30 days to correct any deficiencies.
 2376         (d) Within 30 days after receipt of the finalized
 2377  application by the Office of Independent Education and Parental
 2378  Choice, the Commissioner of Education shall recommend approval
 2379  or disapproval of the application to the State Board of
 2380  Education. The State Board of Education shall consider the
 2381  application and recommendation at the next scheduled meeting,
 2382  adhering to appropriate meeting notice requirements. If the
 2383  State Board of Education disapproves the organization’s
 2384  application, it shall provide the organization with a written
 2385  explanation of that determination. The State Board of
 2386  Education’s action is not subject to chapter 120.
 2387         (e) If the State Board of Education disapproves the renewal
 2388  of a nonprofit scholarship-funding organization, the
 2389  organization must notify the affected eligible students and
 2390  parents of the decision within 15 days after disapproval. An
 2391  eligible student affected by the disapproval of an
 2392  organization’s participation remains eligible under this section
 2393  until the end of the school year in which the organization was
 2394  disapproved. The student must apply and be accepted by another
 2395  eligible nonprofit scholarship-funding organization for the
 2396  upcoming school year. The student shall be given priority in
 2397  accordance with paragraph (6)(f).
 2398         (f) All remaining funds held by a nonprofit scholarship
 2399  funding organization that is disapproved for participation must
 2400  revert to the Department of Revenue for redistribution to other
 2401  eligible nonprofit scholarship-funding organizations.
 2402         (g) A nonprofit scholarship-funding organization is a
 2403  renewing organization if it maintains continuous approval and
 2404  participation in the program. An organization that chooses not
 2405  to participate for 1 year or more or is disapproved to
 2406  participate for 1 year or more must submit an application for
 2407  initial approval in order to participate in the program again.
 2408         (h) The State Board of Education shall adopt rules
 2409  providing guidelines for receiving, reviewing, and approving
 2410  applications for new and renewing nonprofit scholarship-funding
 2411  organizations. The rules must include a process for compiling
 2412  input and recommendations from the Chief Financial Officer, the
 2413  Department of Revenue, and the Department of Education. The
 2414  rules must also require that the nonprofit scholarship-funding
 2415  organization make a brief presentation to assist the State Board
 2416  of Education in its decision.
 2417         (i) A state university; or an independent college or
 2418  university which is eligible to participate in the William L.
 2419  Boyd, IV, Florida Resident Access Grant Program, located and
 2420  chartered in this state, is not for profit, and is accredited by
 2421  the Commission on Colleges of the Southern Association of
 2422  Colleges and Schools, is exempt from the initial or renewal
 2423  application process, but must file a registration notice with
 2424  the Department of Education to be an eligible nonprofit
 2425  scholarship-funding organization. The State Board of Education
 2426  shall adopt rules that identify the procedure for filing the
 2427  registration notice with the department. The rules must identify
 2428  appropriate reporting requirements for fiscal, programmatic, and
 2429  performance accountability purposes consistent with this
 2430  section, but shall not exceed the requirements for eligible
 2431  nonprofit scholarship-funding organizations for charitable
 2432  organizations. An nonprofit scholarship-funding organization
 2433  that becomes eligible pursuant to this paragraph may begin
 2434  providing scholarships to participating students in the 2015
 2435  2016 school year.
 2436         Section 18. A nonprofit scholarship-funding organization
 2437  whose application for participation in the program established
 2438  by s. 1002.395, Florida Statutes, was approved before July 1,
 2439  2014, must, by August 1, 2014, provide a copy of a surety bond
 2440  or letter of credit meeting the requirements of s. 1002.395(16),
 2441  Florida Statutes, to the Office of Independent Education and
 2442  Parental Choice.
 2443         Section 19. Effective July 1, 2015, section 1003.438,
 2444  Florida Statutes, is repealed.
 2445         Section 20. Section 1003.5716, Florida Statutes, is created
 2446  to read:
 2447         1003.5716 Transition to postsecondary education and career
 2448  opportunities.—All students with disabilities who are 3 years of
 2449  age to 21 years of age have the right to a free, appropriate
 2450  public education. As used in this section, the term “IEP” means
 2451  individual education plan.
 2452         (1) To ensure quality planning for a successful transition
 2453  of a student with a disability to postsecondary education and
 2454  career opportunities, an IEP team shall begin the process of,
 2455  and develop an IEP for, identifying the need for transition
 2456  services before the student with a disability attains the age of
 2457  14 years in order for his or her postsecondary goals and career
 2458  goals to be identified and in place when he or she attains the
 2459  age of 16 years. This process must include, but is not limited
 2460  to:
 2461         (a) Consideration of the student’s need for instruction in
 2462  the area of self-determination and self-advocacy to assist the
 2463  student’s active and effective participation in an IEP meeting;
 2464  and
 2465         (b) Preparation for the student to graduate from high
 2466  school with a standard high school diploma pursuant to s.
 2467  1003.4282 with a Scholar designation unless the parent chooses a
 2468  Merit designation.
 2469         (2) Beginning not later than the first IEP to be in effect
 2470  when the student attains the age of 16, or younger if determined
 2471  appropriate by the parent and the IEP team, the IEP must include
 2472  the following statements that must be updated annually:
 2473         (a) A statement of intent to pursue a standard high school
 2474  diploma and a Scholar or Merit designation, pursuant to s.
 2475  1003.4285, as determined by the parent.
 2476         (b) A statement of intent to receive a standard high school
 2477  diploma before the student attains the age of 22 and a
 2478  description of how the student will fully meet the requirements
 2479  in s. 1003.428 or s. 1003.4282, as applicable, including, but
 2480  not limited to, a portfolio pursuant to s. 1003.4282(10)(b)
 2481  which meets the criteria specified in State Board of Education
 2482  rule. The IEP must also specify the outcomes and additional
 2483  benefits expected by the parent and the IEP team at the time of
 2484  the student’s graduation.
 2485         (c) A statement of appropriate measurable long-term
 2486  postsecondary education and career goals based upon age
 2487  appropriate transition assessments related to training,
 2488  education, employment, and, if appropriate, independent living
 2489  skills and the transition services, including courses of study
 2490  needed to assist the student in reaching those goals.
 2491         (3) Any change in the IEP for the goals specified in
 2492  subsection (2) must be approved by the parent and is subject to
 2493  verification for appropriateness by an independent reviewer
 2494  selected by the parent as provided in s. 1003.572.
 2495         (4) If a participating agency responsible for transition
 2496  services, other than the school district, fails to provide the
 2497  transition services described in the IEP, the school district
 2498  shall reconvene the IEP team to identify alternative strategies
 2499  to meet the transition objectives for the student that are
 2500  specified in the IEP. However, this does not relieve any
 2501  participating agency of the responsibility to provide or pay for
 2502  any transition service that the agency would otherwise provide
 2503  to students with disabilities who meet the eligibility criteria
 2504  of that agency.
 2505         Section 21. Subsection (3) of section 1003.572, Florida
 2506  Statutes, is amended to read:
 2507         1003.572 Collaboration of public and private instructional
 2508  personnel.—
 2509         (3) Private instructional personnel who are hired or
 2510  contracted by parents to collaborate with public instructional
 2511  personnel must be permitted to observe the student in the
 2512  educational setting, collaborate with instructional personnel in
 2513  the educational setting, and provide services in the educational
 2514  setting according to the following requirements:
 2515         (a) The student’s public instructional personnel and
 2516  principal consent to the time and place.
 2517         (b) The private instructional personnel satisfy the
 2518  requirements of s. 1012.32 or s. 1012.321.
 2519  
 2520  For the purpose of implementing this subsection, a school
 2521  district may not impose any requirements beyond those
 2522  requirements specified in this subsection or charge any fees.
 2523         Section 22. Paragraph (c) of subsection (5) and paragraph
 2524  (b) of subsection (6) of section 1008.25, Florida Statutes, are
 2525  amended to read:
 2526         1008.25 Public school student progression; remedial
 2527  instruction; reporting requirements.—
 2528         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
 2529         (c) The parent of any student who exhibits a substantial
 2530  deficiency in reading, as described in paragraph (a), must be
 2531  notified in writing of the following:
 2532         1. That his or her child has been identified as having a
 2533  substantial deficiency in reading.
 2534         2. A description of the current services that are provided
 2535  to the child.
 2536         3. A description of the proposed supplemental instructional
 2537  services and supports that will be provided to the child that
 2538  are designed to remediate the identified area of reading
 2539  deficiency.
 2540         4. That if the child’s reading deficiency is not remediated
 2541  by the end of grade 3, the child must be retained unless he or
 2542  she is exempt from mandatory retention for good cause.
 2543         5. Strategies for parents to use in helping their child
 2544  succeed in reading proficiency.
 2545         6. That the Florida Comprehensive Assessment Test (FCAT) is
 2546  not the sole determiner of promotion and that additional
 2547  evaluations, portfolio reviews, and assessments are available to
 2548  the child to assist parents and the school district in knowing
 2549  when a child is reading at or above grade level and ready for
 2550  grade promotion.
 2551         7. The district’s specific criteria and policies for a
 2552  portfolio as provided in subparagraph (6)(b)4. and the evidence
 2553  required for a student to demonstrate mastery of Florida’s
 2554  academic standards for English Language Arts. A parent of a
 2555  student in grade 3 who is identified anytime during the year as
 2556  being at risk of retention may request that the school
 2557  immediately begin collecting evidence for a portfolio.
 2558         8.7. The district’s specific criteria and policies for
 2559  midyear promotion. Midyear promotion means promotion of a
 2560  retained student at any time during the year of retention once
 2561  the student has demonstrated ability to read at grade level.
 2562         (6) ELIMINATION OF SOCIAL PROMOTION.—
 2563         (b) The district school board may only exempt students from
 2564  mandatory retention, as provided in paragraph (5)(b), for good
 2565  cause. A student who is promoted to grade 4 with a good cause
 2566  exemption shall be provided intensive reading instruction and
 2567  intervention that include specialized diagnostic information and
 2568  specific reading strategies to meet the needs of each student so
 2569  promoted. The school district shall assist schools and teachers
 2570  with the implementation of reading strategies for students
 2571  promoted with a good cause exemption which research has shown to
 2572  be successful in improving reading among students that have
 2573  reading difficulties. Good cause exemptions are shall be limited
 2574  to the following:
 2575         1. Limited English proficient students who have had less
 2576  than 2 years of instruction in an English for Speakers of Other
 2577  Languages program.
 2578         2. Students with disabilities whose individual education
 2579  plan indicates that participation in the statewide assessment
 2580  program is not appropriate, consistent with the requirements of
 2581  State Board of Education rule.
 2582         3. Students who demonstrate an acceptable level of
 2583  performance on an alternative standardized reading or English
 2584  Language Arts assessment approved by the State Board of
 2585  Education.
 2586         4. A student who demonstrates through a student portfolio
 2587  that he or she is performing at least at Level 2 on FCAT Reading
 2588  or the common core English Language Arts assessment, as
 2589  applicable under s. 1008.22.
 2590         5. Students with disabilities who participate in FCAT
 2591  Reading or the common core English Language Arts assessment, as
 2592  applicable under s. 1008.22, and who have an individual
 2593  education plan or a Section 504 plan that reflects that the
 2594  student has received intensive remediation in reading and
 2595  English Language Arts for more than 2 years but still
 2596  demonstrates a deficiency and was previously retained in
 2597  kindergarten, grade 1, grade 2, or grade 3.
 2598         6. Students who have received intensive reading
 2599  intervention for 2 or more years but still demonstrate a
 2600  deficiency in reading and who were previously retained in
 2601  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
 2602  years. A student may not be retained more than once in grade 3.
 2603         7.6. Students who have received intensive remediation in
 2604  reading and English Language Arts, as applicable under s.
 2605  1008.22, for 2 or more years but still demonstrate a deficiency
 2606  and who were previously retained in kindergarten, grade 1, grade
 2607  2, or grade 3 for a total of 2 years. Intensive instruction for
 2608  students so promoted must include an altered instructional day
 2609  that includes specialized diagnostic information and specific
 2610  reading strategies for each student. The district school board
 2611  shall assist schools and teachers to implement reading
 2612  strategies that research has shown to be successful in improving
 2613  reading among low-performing readers.
 2614         Section 23. The Florida Prepaid College Board shall conduct
 2615  a study and submit a report to the President of the Senate and
 2616  the Speaker of the House of Representatives by December 31,
 2617  2014, which includes, but is not limited to, a description of
 2618  the following:
 2619         (1) The terms and conditions under which payments may be
 2620  withdrawn from the Florida Prepaid College Trust Fund for the
 2621  payment of program fees in excess of, or in lieu of, tuition for
 2622  a student with a disability, up to the limits of an advanced
 2623  payment contract;
 2624         (2)A policy for accelerated disbursement of funds for
 2625  payment of other qualified higher education expenses; and
 2626         (3)Instances where a student with a disability can use an
 2627  advanced payment contract when auditing a class or receiving a
 2628  tuition waiver.
 2629         Section 24. Effective July 1, 2015, paragraph (c) of
 2630  subsection (1) of section 120.81, Florida Statutes, is amended
 2631  to read:
 2632         120.81 Exceptions and special requirements; general areas.—
 2633         (1) EDUCATIONAL UNITS.—
 2634         (c) Notwithstanding s. 120.52(16), any tests, test scoring
 2635  criteria, or testing procedures relating to student assessment
 2636  which are developed or administered by the Department of
 2637  Education pursuant to s. 1003.428, s. 1003.429, s. 1003.438, s.
 2638  1008.22, or s. 1008.25, or any other statewide educational tests
 2639  required by law, are not rules.
 2640         Section 25. Effective July 1, 2015, subsection (2) of
 2641  section 409.1451, Florida Statutes, is amended to read:
 2642         409.1451 The Road-to-Independence Program.—
 2643         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
 2644         (a) A young adult is eligible for services and support
 2645  under this subsection if he or she:
 2646         1. Was living in licensed care on his or her 18th birthday
 2647  or is currently living in licensed care; or was at least 16
 2648  years of age and was adopted from foster care or placed with a
 2649  court-approved dependency guardian after spending at least 6
 2650  months in licensed care within the 12 months immediately
 2651  preceding such placement or adoption;
 2652         2. Spent at least 6 months in licensed care before reaching
 2653  his or her 18th birthday;
 2654         3. Earned a standard high school diploma or its equivalent
 2655  pursuant to s. 1003.428, s. 1003.4281, s. 1003.429, or s.
 2656  1003.435, or s. 1003.438;
 2657         4. Has been admitted for enrollment as a full-time student
 2658  or its equivalent in an eligible postsecondary educational
 2659  institution as provided in s. 1009.533. For purposes of this
 2660  section, the term “full-time” means 9 credit hours or the
 2661  vocational school equivalent. A student may enroll part-time if
 2662  he or she has a recognized disability or is faced with another
 2663  challenge or circumstance that would prevent full-time
 2664  attendance. A student needing to enroll part-time for any reason
 2665  other than having a recognized disability must get approval from
 2666  his or her academic advisor;
 2667         5. Has reached 18 years of age but is not yet 23 years of
 2668  age;
 2669         6. Has applied, with assistance from the young adult’s
 2670  caregiver and the community-based lead agency, for any other
 2671  grants and scholarships for which he or she may qualify;
 2672         7. Submitted a Free Application for Federal Student Aid
 2673  which is complete and error free; and
 2674         8. Signed an agreement to allow the department and the
 2675  community-based care lead agency access to school records.
 2676         Section 26. Effective July 1, 2015, subsection (4) of
 2677  section 1007.263, Florida Statutes, is amended to read:
 2678         1007.263 Florida College System institutions; admissions of
 2679  students.—Each Florida College System institution board of
 2680  trustees is authorized to adopt rules governing admissions of
 2681  students subject to this section and rules of the State Board of
 2682  Education. These rules shall include the following:
 2683         (4) A student who has been awarded a special diploma as
 2684  defined in s. 1003.438 or a certificate of completion as defined
 2685  in s. 1003.428(7)(b) is eligible to enroll in certificate career
 2686  education programs.
 2687  
 2688  Each board of trustees shall establish policies that notify
 2689  students about developmental education options for improving
 2690  their communication or computation skills that are essential to
 2691  performing college-level work, including tutoring, extended time
 2692  in gateway courses, free online courses, adult basic education,
 2693  adult secondary education, or private provider instruction.
 2694         Section 27. The amendments made by this act to ss. 1003.438
 2695  and 409.1451, Florida Statutes, do not apply to a student with
 2696  disabilities, as defined in s. 1003.438, Florida Statutes, who
 2697  is eligible for and currently participating in the Road to
 2698  Independence Program, as of the effective date of this act. Such
 2699  student shall continue to participate in the program as long as
 2700  he or she meets the eligibility criteria in effect as of the
 2701  effective date of this act.
 2702         Section 28. The amendment made by this act to s. 1003.438,
 2703  Florida Statutes, does not apply to a student with disabilities,
 2704  as defined in s. 1003.438, Florida Statutes, whose individual
 2705  education plan, as of the effective date of this act, contains a
 2706  statement of intent to receive a special diploma. Such student
 2707  shall be awarded a special diploma in a form prescribed by the
 2708  Commissioner of Education if the student meets the requirements
 2709  specified in s. 1003.438, Florida Statutes, and in effect as of
 2710  the effective date of this act. Any such student who meets all
 2711  special requirements of the district school board in effect as
 2712  of the effective date of this act, but who is unable to meet the
 2713  appropriate special state minimum requirements in effect as of
 2714  the effective date of this act, shall be awarded a special
 2715  certificate of completion in a form prescribed by the
 2716  Commissioner of Education.
 2717         Section 29. Section 985.622, Florida Statutes, is amended
 2718  to read:
 2719         985.622 Multiagency plan for career and professional
 2720  education (CAPE) vocational education.—
 2721         (1) The Department of Juvenile Justice and the Department
 2722  of Education shall, in consultation with the statewide Workforce
 2723  Development Youth Council, school districts, providers, and
 2724  others, jointly develop a multiagency plan for career and
 2725  professional education (CAPE) vocational education that
 2726  establishes the curriculum, goals, and outcome measures for CAPE
 2727  vocational programs in juvenile justice education programs
 2728  commitment facilities. The plan must be reviewed annually,
 2729  revised as appropriate, and include:
 2730         (a) Provisions for maximizing appropriate state and federal
 2731  funding sources, including funds under the Workforce Investment
 2732  Act and the Perkins Act.;
 2733         (b) Provisions for eliminating barriers to increasing
 2734  occupation-specific job training and high school equivalency
 2735  examination preparation opportunities.
 2736         (c)(b) The responsibilities of both departments and all
 2737  other appropriate entities.; and
 2738         (d)(c) A detailed implementation schedule.
 2739         (2) The plan must define CAPE vocational programming that
 2740  is appropriate based upon:
 2741         (a) The age and assessed educational abilities and goals of
 2742  the student youth to be served; and
 2743         (b) The typical length of stay and custody characteristics
 2744  at the juvenile justice education commitment program to which
 2745  each student youth is assigned.
 2746         (3) The plan must include a definition of CAPE vocational
 2747  programming that includes the following classifications of
 2748  juvenile justice education programs commitment facilities that
 2749  will offer CAPE vocational programming by one of the following
 2750  types:
 2751         (a) Type 1 A.—Programs that teach personal accountability
 2752  skills and behaviors that are appropriate for students youth in
 2753  all age groups and ability levels and that lead to work habits
 2754  that help maintain employment and living standards.
 2755         (b) Type 2 B.—Programs that include Type 1 A program
 2756  content and an orientation to the broad scope of career choices,
 2757  based upon personal abilities, aptitudes, and interests.
 2758  Exploring and gaining knowledge of occupation options and the
 2759  level of effort required to achieve them are essential
 2760  prerequisites to skill training.
 2761         (c) Type 3 C.—Programs that include Type 1 A program
 2762  content and the vocational competencies or the prerequisites
 2763  needed for entry into a specific occupation.
 2764         (4) The plan must also address strategies to facilitate
 2765  involvement of business and industry in the design, delivery,
 2766  and evaluation of CAPE vocational programming in juvenile
 2767  justice education commitment facilities and conditional release
 2768  programs, including apprenticeship and work experience programs,
 2769  mentoring and job shadowing, and other strategies that lead to
 2770  postrelease employment. Incentives for business involvement,
 2771  such as tax breaks, bonding, and liability limits should be
 2772  investigated, implemented where appropriate, or recommended to
 2773  the Legislature for consideration.
 2774         (5) The plan must also evaluate the effect of students’
 2775  mobility between juvenile justice education programs and school
 2776  districts on the students’ educational outcomes and whether the
 2777  continuity of the students’ education can be better addressed
 2778  through virtual education.
 2779         (6)(5) The Department of Juvenile Justice and the
 2780  Department of Education shall each align its respective agency
 2781  policies, practices, technical manuals, contracts, quality
 2782  assurance standards, performance-based-budgeting measures, and
 2783  outcome measures with the plan in juvenile justice education
 2784  programs commitment facilities by July 31, 2015 2001. Each
 2785  agency shall provide a report on the implementation of this
 2786  section to the Governor, the President of the Senate, and the
 2787  Speaker of the House of Representatives by August 31, 2015 2001.
 2788         (7)(6) All provider contracts executed by the Department of
 2789  Juvenile Justice or the school districts after January 1, 2015
 2790  2002, must be aligned with the plan.
 2791         (8)(7) The planning and execution of quality assurance
 2792  reviews conducted by the Department of Education or the
 2793  Department of Juvenile Justice after August 1, 2015 2002, must
 2794  be aligned with the plan.
 2795         (9)(8) Outcome measures reported by the Department of
 2796  Juvenile Justice and the Department of Education for students
 2797  youth released on or after January 1, 2016 2002, should include
 2798  outcome measures that conform to the plan.
 2799         Section 30. Section 1001.31, Florida Statutes, is amended
 2800  to read:
 2801         1001.31 Scope of district system.—A district school system
 2802  shall include all public schools, classes, and courses of
 2803  instruction and all services and activities directly related to
 2804  education in that district which are under the direction of the
 2805  district school officials. A district school system may also
 2806  include alternative site schools for disruptive or violent
 2807  students youth. Such schools for disruptive or violent students
 2808  youth may be funded by each district or provided through
 2809  cooperative programs administered by a consortium of school
 2810  districts, private providers, state and local law enforcement
 2811  agencies, and the Department of Juvenile Justice. Pursuant to
 2812  cooperative agreement, a district school system shall provide
 2813  instructional personnel at juvenile justice facilities of 50 or
 2814  more beds or slots with access to the district school system
 2815  database for the purpose of accessing student academic,
 2816  immunization, and registration records for students assigned to
 2817  the programs. Such access shall be in the same manner as
 2818  provided to other schools in the district.
 2819         Section 31. Section 1003.51, Florida Statutes, is amended
 2820  to read:
 2821         1003.51 Other public educational services.—
 2822         (1) The general control of other public educational
 2823  services shall be vested in the State Board of Education except
 2824  as provided in this section herein. The State Board of Education
 2825  shall, at the request of the Department of Children and Families
 2826  Family Services and the Department of Juvenile Justice, advise
 2827  as to standards and requirements relating to education to be met
 2828  in all state schools or institutions under their control which
 2829  provide educational programs. The Department of Education shall
 2830  provide supervisory services for the educational programs of all
 2831  such schools or institutions. The direct control of any of these
 2832  services provided as part of the district program of education
 2833  shall rest with the district school board. These services shall
 2834  be supported out of state, district, federal, or other lawful
 2835  funds, depending on the requirements of the services being
 2836  supported.
 2837         (2) The State Board of Education shall adopt rules and
 2838  maintain an administrative rule articulating expectations for
 2839  effective education programs for students youth in Department of
 2840  Juvenile Justice programs, including, but not limited to,
 2841  education programs in juvenile justice prevention, day
 2842  treatment, residential, commitment and detention programs
 2843  facilities. The rule shall establish articulate policies and
 2844  standards for education programs for students youth in
 2845  Department of Juvenile Justice programs and shall include the
 2846  following:
 2847         (a) The interagency collaborative process needed to ensure
 2848  effective programs with measurable results.
 2849         (b) The responsibilities of the Department of Education,
 2850  the Department of Juvenile Justice, Workforce Florida, Inc.,
 2851  district school boards, and providers of education services to
 2852  students youth in Department of Juvenile Justice programs.
 2853         (c) Academic expectations.
 2854         (d) Career expectations.
 2855         (e) Education transition planning and services.
 2856         (f)(d) Service delivery options available to district
 2857  school boards, including direct service and contracting.
 2858         (g)(e) Assessment procedures, which:
 2859         1. For prevention, day treatment, and residential programs,
 2860  include appropriate academic and career assessments administered
 2861  at program entry and exit that are selected by the Department of
 2862  Education in partnership with representatives from the
 2863  Department of Juvenile Justice, district school boards, and
 2864  education providers. Assessments must be completed within the
 2865  first 10 school days after a student’s entry into the program.
 2866         2. Provide for determination of the areas of academic need
 2867  and strategies for appropriate intervention and instruction for
 2868  each student in a detention facility within 5 school days after
 2869  the student’s entry into the program and administer a research
 2870  based assessment that will assist the student in determining his
 2871  or her educational and career options and goals within 22 school
 2872  days after the student’s entry into the program Require district
 2873  school boards to be responsible for ensuring the completion of
 2874  the assessment process.
 2875         3. Require assessments for students in detention who will
 2876  move on to commitment facilities, to be designed to create the
 2877  foundation for developing the student’s education program in the
 2878  assigned commitment facility.
 2879         4. Require assessments of students sent directly to
 2880  commitment facilities to be completed within the first 10 school
 2881  days of the student’s commitment.
 2882  
 2883  The results of these assessments, together with a portfolio
 2884  depicting the student’s academic and career accomplishments,
 2885  shall be included in the discharge packet package assembled for
 2886  each student youth.
 2887         (h)(f) Recommended instructional programs, including, but
 2888  not limited to:,
 2889         1. Secondary education.
 2890         2. High school equivalency examination preparation.
 2891         3. Postsecondary education.
 2892         4. Career and professional education (CAPE). career
 2893  training and
 2894         5. Job preparation.
 2895         6. Virtual education that:
 2896         a. Provides competency-based instruction that addresses the
 2897  unique academic needs of the student through delivery by an
 2898  entity accredited by AdvanceED or the Southern Association of
 2899  Colleges and Schools.
 2900         b. Confers certifications and diplomas.
 2901         c. Issues credit that articulates with and transcripts that
 2902  are recognized by secondary schools.
 2903         d. Allows the student to continue to access and progress
 2904  through the program once the student leaves the juvenile justice
 2905  system.
 2906         (i)(g) Funding requirements, which shall include the
 2907  requirement that at least 90 percent of the FEFP funds generated
 2908  by students in Department of Juvenile Justice programs or in an
 2909  education program for juveniles under s. 985.19 be spent on
 2910  instructional costs for those students. One hundred percent of
 2911  the formula-based categorical funds generated by students in
 2912  Department of Juvenile Justice programs must be spent on
 2913  appropriate categoricals such as instructional materials and
 2914  public school technology for those students.
 2915         (j)(h) Qualifications of instructional staff, procedures
 2916  for the selection of instructional staff, and procedures for to
 2917  ensure consistent instruction and qualified staff year round.
 2918  Qualifications shall include those for instructors of CAPE
 2919  courses, standardized across the state, and shall be based on
 2920  state certification, local school district approval, and
 2921  industry-recognized certifications as identified on the Industry
 2922  Certification Funding List. Procedures for the use of
 2923  noncertified instructional personnel who possess expert
 2924  knowledge or experience in their fields of instruction shall be
 2925  established.
 2926         (k)(i) Transition services, including the roles and
 2927  responsibilities of appropriate personnel in the juvenile
 2928  justice education program, the school district where the student
 2929  will reenter districts, provider organizations, and the
 2930  Department of Juvenile Justice.
 2931         (l)(j) Procedures and timeframe for transfer of education
 2932  records when a student youth enters and leaves a Department of
 2933  Juvenile Justice education program facility.
 2934         (m)(k) The requirement that each district school board
 2935  maintain an academic transcript for each student enrolled in a
 2936  juvenile justice education program facility that delineates each
 2937  course completed by the student as provided by the State Course
 2938  Code Directory.
 2939         (n)(l) The requirement that each district school board make
 2940  available and transmit a copy of a student’s transcript in the
 2941  discharge packet when the student exits a juvenile justice
 2942  education program facility.
 2943         (o)(m) Contract requirements.
 2944         (p)(n) Performance expectations for providers and district
 2945  school boards, including student performance measures by type of
 2946  program, education program performance ratings, school
 2947  improvement, and corrective action plans for low-performing
 2948  programs the provision of a progress monitoring plan as required
 2949  in s. 1008.25.
 2950         (q)(o) The role and responsibility of the district school
 2951  board in securing workforce development funds.
 2952         (r)(p) A series of graduated sanctions for district school
 2953  boards whose educational programs in Department of Juvenile
 2954  Justice programs facilities are considered to be unsatisfactory
 2955  and for instances in which district school boards fail to meet
 2956  standards prescribed by law, rule, or State Board of Education
 2957  policy. These sanctions shall include the option of requiring a
 2958  district school board to contract with a provider or another
 2959  district school board if the educational program at the
 2960  Department of Juvenile Justice program is performing below
 2961  minimum standards facility has failed a quality assurance review
 2962  and, after 6 months, is still performing below minimum
 2963  standards.
 2964         (s) Curriculum, guidance counseling, transition, and
 2965  education services expectations, including curriculum
 2966  flexibility for detention centers operated by the Department of
 2967  Juvenile Justice.
 2968         (t)(q) Other aspects of program operations.
 2969         (3) The Department of Education in partnership with the
 2970  Department of Juvenile Justice, the district school boards, and
 2971  providers shall:
 2972         (a) Develop and implement requirements for contracts and
 2973  cooperative agreements regarding Maintain model contracts for
 2974  the delivery of appropriate education services to students youth
 2975  in Department of Juvenile Justice education programs to be used
 2976  for the development of future contracts. The minimum contract
 2977  requirements shall include, but are not limited to, payment
 2978  structure and amounts; access to district services; contract
 2979  management provisions; data reporting requirements, including
 2980  reporting of full-time equivalent student membership;
 2981  administration of federal programs such as Title I, exceptional
 2982  student education, and the Carl D. Perkins Career and Technical
 2983  Education Act of 2006; and model contracts shall reflect the
 2984  policy and standards included in subsection (2). The Department
 2985  of Education shall ensure that appropriate district school board
 2986  personnel are trained and held accountable for the management
 2987  and monitoring of contracts for education programs for youth in
 2988  juvenile justice residential and nonresidential facilities.
 2989         (b) Develop and implement Maintain model procedures for
 2990  transitioning students youth into and out of Department of
 2991  Juvenile Justice education programs. These procedures shall
 2992  reflect the policy and standards adopted pursuant to subsection
 2993  (2).
 2994         (c) Maintain standardized required content of education
 2995  records to be included as part of a student’s youth’s commitment
 2996  record and procedures for securing the student’s records. The
 2997  education records These requirements shall reflect the policy
 2998  and standards adopted pursuant to subsection (2) and shall
 2999  include, but not be limited to, the following:
 3000         1. A copy of the student’s individual educational plan.
 3001         2. A copy of the student’s individualized progress
 3002  monitoring plan.
 3003         3. A copy of the student’s individualized transition plan.
 3004         4.2. Data on student performance on assessments taken
 3005  according to s. 1008.22.
 3006         5.3. A copy of the student’s permanent cumulative record.
 3007         6.4. A copy of the student’s academic transcript.
 3008         7.5. A portfolio reflecting the student’s youth’s academic
 3009  accomplishments and industry certification earned, when age
 3010  appropriate, while in the Department of Juvenile Justice
 3011  program.
 3012         (d) Establish Maintain model procedures for securing the
 3013  education record and the roles and responsibilities of the
 3014  juvenile probation officer and others involved in the withdrawal
 3015  of the student from school and assignment to a juvenile justice
 3016  education program commitment or detention facility. District
 3017  school boards shall respond to requests for student education
 3018  records received from another district school board or a
 3019  juvenile justice facility within 5 working days after receiving
 3020  the request.
 3021         (4) Each The Department of Education shall ensure that
 3022  district school board shall: boards
 3023         (a) Notify students in juvenile justice education programs
 3024  residential or nonresidential facilities who attain the age of
 3025  16 years of the provisions of law regarding compulsory school
 3026  attendance and make available the option of enrolling in an
 3027  education a program to attain a Florida high school diploma by
 3028  taking the high school equivalency examination before General
 3029  Educational Development test prior to release from the program
 3030  facility. The Department of Education shall assist juvenile
 3031  justice education programs with becoming high school equivalency
 3032  examination centers District school boards or Florida College
 3033  System institutions, or both, shall waive GED testing fees for
 3034  youth in Department of Juvenile Justice residential programs and
 3035  shall, upon request, designate schools operating for the purpose
 3036  of providing educational services to youth in Department of
 3037  Juvenile Justice programs as GED testing centers, subject to GED
 3038  testing center requirements. The administrative fees for the
 3039  General Educational Development test required by the Department
 3040  of Education are the responsibility of district school boards
 3041  and may be required of providers by contractual agreement.
 3042         (b) Respond to requests for student education records
 3043  received from another district school board or a juvenile
 3044  justice education program within 5 working days after receiving
 3045  the request.
 3046         (c) Provide access to courses offered pursuant to ss.
 3047  1002.37, 1002.45, and 1003.498. School districts and providers
 3048  may enter into cooperative agreements for the provision of
 3049  curriculum associated with courses offered pursuant to s.
 3050  1003.498 to enable providers to offer such courses.
 3051         (d) Complete the assessment process required by subsection
 3052  (2).
 3053         (e) Monitor compliance with contracts for education
 3054  programs for students in juvenile justice prevention, day
 3055  treatment, residential, and detention programs.
 3056         (5) The Department of Education shall establish and
 3057  operate, either directly or indirectly through a contract, a
 3058  mechanism to provide accountability measures that annually
 3059  assesses and evaluates all juvenile justice education programs
 3060  using student performance data and program performance ratings
 3061  by type of program quality assurance reviews of all juvenile
 3062  justice education programs and shall provide technical
 3063  assistance and related research to district school boards and
 3064  juvenile justice education providers on how to establish,
 3065  develop, and operate educational programs that exceed the
 3066  minimum quality assurance standards. The Department of
 3067  Education, with input from the Department of Juvenile Justice,
 3068  school districts, and education providers shall develop annual
 3069  recommendations for system and school improvement.
 3070         Section 32. Section 1003.52, Florida Statutes, is amended
 3071  to read:
 3072         1003.52 Educational services in Department of Juvenile
 3073  Justice programs.—
 3074         (1) The Legislature finds that education is the single most
 3075  important factor in the rehabilitation of adjudicated delinquent
 3076  youth in the custody of Department of Juvenile Justice programs.
 3077  It is the goal of the Legislature that youth in the juvenile
 3078  justice system continue to be allowed the opportunity to obtain
 3079  a high quality education. The Department of Education shall
 3080  serve as the lead agency for juvenile justice education
 3081  programs, curriculum, support services, and resources. To this
 3082  end, the Department of Education and the Department of Juvenile
 3083  Justice shall each designate a Coordinator for Juvenile Justice
 3084  Education Programs to serve as the point of contact for
 3085  resolving issues not addressed by district school boards and to
 3086  provide each department’s participation in the following
 3087  activities:
 3088         (a) Training, collaborating, and coordinating with the
 3089  Department of Juvenile Justice, district school boards, regional
 3090  workforce boards, and local youth councils, educational contract
 3091  providers, and juvenile justice providers, whether state
 3092  operated or contracted.
 3093         (b) Collecting information on the academic, career and
 3094  professional education (CAPE), and transition performance of
 3095  students in juvenile justice programs and reporting on the
 3096  results.
 3097         (c) Developing academic and CAPE career protocols that
 3098  provide guidance to district school boards and juvenile justice
 3099  education providers in all aspects of education programming,
 3100  including records transfer and transition.
 3101         (d) Implementing a joint accountability, program
 3102  performance, and program improvement process Prescribing the
 3103  roles of program personnel and interdepartmental district school
 3104  board or provider collaboration strategies.
 3105  
 3106  Annually, a cooperative agreement and plan for juvenile justice
 3107  education service enhancement shall be developed between the
 3108  Department of Juvenile Justice and the Department of Education
 3109  and submitted to the Secretary of Juvenile Justice and the
 3110  Commissioner of Education by June 30. The plan shall include, at
 3111  a minimum, each agency’s role regarding educational program
 3112  accountability, technical assistance, training, and coordination
 3113  of services.
 3114         (2) Students participating in Department of Juvenile
 3115  Justice education programs pursuant to chapter 985 which are
 3116  sponsored by a community-based agency or are operated or
 3117  contracted for by the Department of Juvenile Justice shall
 3118  receive education educational programs according to rules of the
 3119  State Board of Education. These students shall be eligible for
 3120  services afforded to students enrolled in programs pursuant to
 3121  s. 1003.53 and all corresponding State Board of Education rules.
 3122         (3) The district school board of the county in which the
 3123  juvenile justice education prevention, day treatment,
 3124  residential, or detention program residential or nonresidential
 3125  care facility or juvenile assessment facility is located shall
 3126  provide or contract for appropriate educational assessments and
 3127  an appropriate program of instruction and special education
 3128  services.
 3129         (a) The district school board shall make provisions for
 3130  each student to participate in basic, CAPE career education, and
 3131  exceptional student programs as appropriate. Students served in
 3132  Department of Juvenile Justice education programs shall have
 3133  access to the appropriate courses and instruction to prepare
 3134  them for the high school equivalency examination GED test.
 3135  Students participating in high school equivalency examination
 3136  GED preparation programs shall be funded at the basic program
 3137  cost factor for Department of Juvenile Justice programs in the
 3138  Florida Education Finance Program. Each program shall be
 3139  conducted according to applicable law providing for the
 3140  operation of public schools and rules of the State Board of
 3141  Education. School districts shall provide the high school
 3142  equivalency examination GED exit option for all juvenile justice
 3143  education programs.
 3144         (b) By October 1, 2004, The Department of Education, with
 3145  the assistance of the school districts and juvenile justice
 3146  education providers, shall select a common student assessment
 3147  instrument and protocol for measuring student learning gains and
 3148  student progression while a student is in a juvenile justice
 3149  education program. The Department of Education and the
 3150  Department of Juvenile Justice shall jointly review the
 3151  effectiveness of this assessment and implement changes as
 3152  necessary The assessment instrument and protocol must be
 3153  implemented in all juvenile justice education programs in this
 3154  state by January 1, 2005.
 3155         (4) Educational services shall be provided at times of the
 3156  day most appropriate for the juvenile justice program. School
 3157  programming in juvenile justice detention, prevention, day
 3158  treatment, and residential commitment, and rehabilitation
 3159  programs shall be made available by the local school district
 3160  during the juvenile justice school year, as provided defined in
 3161  s. 1003.01(11). In addition, students in juvenile justice
 3162  education programs shall have access to courses offered pursuant
 3163  to ss. 1002.37, 1002.45, and 1003.498 Florida Virtual School
 3164  courses. The Department of Education and the school districts
 3165  shall adopt policies necessary to provide ensure such access.
 3166         (5) The educational program shall provide instruction based
 3167  on each student’s individualized transition plan, assessed
 3168  educational needs, and the education programs available in the
 3169  school district in which the student will return. Depending on
 3170  the student’s needs, educational programming may consist of
 3171  remedial courses, consist of appropriate basic academic courses
 3172  required for grade advancement, CAPE courses, high school
 3173  equivalency examination preparation career, or exceptional
 3174  student education curricula and related services which support
 3175  the transition treatment goals and reentry and which may lead to
 3176  completion of the requirements for receipt of a high school
 3177  diploma or its equivalent. Prevention and day treatment juvenile
 3178  justice education programs, at a minimum, shall provide career
 3179  readiness and exploration opportunities as well as truancy and
 3180  dropout prevention intervention services. Residential juvenile
 3181  justice education programs with a contracted minimum length of
 3182  stay of 9 months shall provide CAPE courses that lead to
 3183  preapprentice certifications and industry certifications.
 3184  Programs with contracted lengths of stay of less than 9 months
 3185  may provide career education courses that lead to preapprentice
 3186  certifications and CAPE industry certifications. If the duration
 3187  of a program is less than 40 days, the educational component may
 3188  be limited to tutorial remediation activities, and career
 3189  employability skills instruction, education counseling, and
 3190  transition services that prepare students for a return to
 3191  school, the community, and their home settings based on the
 3192  students’ needs.
 3193         (6) Participation in the program by students of compulsory
 3194  school-attendance age as provided for in s. 1003.21 shall be
 3195  mandatory. All students of noncompulsory school-attendance age
 3196  who have not received a high school diploma or its equivalent
 3197  shall participate in the educational program, unless the student
 3198  files a formal declaration of his or her intent to terminate
 3199  school enrollment as described in s. 1003.21 and is afforded the
 3200  opportunity to take the general educational development test and
 3201  attain a Florida high school diploma before prior to release
 3202  from a juvenile justice education program facility. A student
 3203  youth who has received a high school diploma or its equivalent
 3204  and is not employed shall participate in workforce development
 3205  or other CAPE career or technical education or Florida College
 3206  System institution or university courses while in the program,
 3207  subject to available funding.
 3208         (7) An individualized A progress monitoring plan shall be
 3209  developed for all students not classified as exceptional
 3210  education students upon entry in a juvenile justice education
 3211  program and upon reentry in the school district who score below
 3212  the level specified in district school board policy in reading,
 3213  writing, and mathematics or below the level specified by the
 3214  Commissioner of Education on statewide assessments as required
 3215  by s. 1008.25. These plans shall address academic, literacy, and
 3216  career and technical life skills and shall include provisions
 3217  for intensive remedial instruction in the areas of weakness.
 3218         (8) Each district school board shall maintain an academic
 3219  record for each student enrolled in a juvenile justice education
 3220  program facility as prescribed by s. 1003.51. Such record shall
 3221  delineate each course completed by the student according to
 3222  procedures in the State Course Code Directory. The district
 3223  school board shall include a copy of a student’s academic record
 3224  in the discharge packet when the student exits the program
 3225  facility.
 3226         (9) Each The Department of Education shall ensure that all
 3227  district school board shall boards make provisions for high
 3228  school level students youth to earn credits toward high school
 3229  graduation while in residential and nonresidential juvenile
 3230  justice education programs facilities. Provisions must be made
 3231  for the transfer of credits and partial credits earned.
 3232         (10) School districts and juvenile justice education
 3233  providers shall develop individualized transition plans during
 3234  the course of a student’s stay in a juvenile justice education
 3235  program to coordinate academic, career and technical, and
 3236  secondary and postsecondary services that assist the student in
 3237  successful community reintegration upon release. Development of
 3238  the transition plan shall be a collaboration of the personnel in
 3239  the juvenile justice education program, reentry personnel,
 3240  personnel from the school district where the student will
 3241  return, the student, the student’s family, and Department of
 3242  Juvenile Justice personnel for committed students.
 3243         (a) Transition planning must begin upon a student’s
 3244  placement in the program. The transition plan must include, at a
 3245  minimum:
 3246         1. Services and interventions that address the student’s
 3247  assessed educational needs and postrelease education plans.
 3248         2. Services to be provided during the program stay and
 3249  services to be implemented upon release, including, but not
 3250  limited to, continuing education in secondary school, CAPE
 3251  programs, postsecondary education, or employment, based on the
 3252  student’s needs.
 3253         3. Specific monitoring responsibilities to determine
 3254  whether the individualized transition plan is being implemented
 3255  and the student is provided access to support services that will
 3256  sustain the student’s success by individuals who are responsible
 3257  for the reintegration and coordination of these activities.
 3258         (b) For the purpose of transition planning and reentry
 3259  services, representatives from the school district and the one
 3260  stop center where the student will return shall participate as
 3261  members of the local Department of Juvenile Justice reentry
 3262  teams. The school district, upon return of a student from a
 3263  juvenile justice education program, must consider the individual
 3264  needs and circumstances of the student and the transition plan
 3265  recommendations when reenrolling a student in a public school. A
 3266  local school district may not maintain a standardized policy for
 3267  all students returning from a juvenile justice program but place
 3268  students based on their needs and their performance in the
 3269  juvenile justice education program, including any virtual
 3270  education options.
 3271         (c) The Department of Education and the Department of
 3272  Juvenile Justice shall provide oversight and guidance to school
 3273  districts, education providers, and reentry personnel on how to
 3274  implement effective educational transition planning and
 3275  services.
 3276         (11)(10) The district school board shall recruit and train
 3277  teachers who are interested, qualified, or experienced in
 3278  educating students in juvenile justice programs. Students in
 3279  juvenile justice programs shall be provided a wide range of
 3280  education educational programs and opportunities including
 3281  textbooks, technology, instructional support, and other
 3282  resources commensurate with resources provided available to
 3283  students in public schools, including textbooks and access to
 3284  technology. If the district school board operates a juvenile
 3285  justice education program at a juvenile justice facility, the
 3286  district school board, in consultation with the director of the
 3287  juvenile justice facility, shall select the instructional
 3288  personnel assigned to that program. The Secretary of Juvenile
 3289  Justice or the director of a juvenile justice program may
 3290  request that the performance of a teacher assigned by the
 3291  district to a juvenile justice education program be reviewed by
 3292  the district and that the teacher be reassigned based upon an
 3293  evaluation conducted pursuant to s. 1012.34 or for inappropriate
 3294  behavior Teachers assigned to educational programs in juvenile
 3295  justice settings in which the district school board operates the
 3296  educational program shall be selected by the district school
 3297  board in consultation with the director of the juvenile justice
 3298  facility. Educational programs in Juvenile justice education
 3299  programs facilities shall have access to the substitute teacher
 3300  pool used utilized by the district school board.
 3301         (12)(11) District school boards may contract with a private
 3302  provider for the provision of education educational programs to
 3303  students youths placed with the Department of Juvenile Justice
 3304  and shall generate local, state, and federal funding, including
 3305  funding through the Florida Education Finance Program for such
 3306  students. The district school board’s planning and budgeting
 3307  process shall include the needs of Department of Juvenile
 3308  Justice education programs in the district school board’s plan
 3309  for expenditures for state categorical and federal funds.
 3310         (13)(12)(a) Funding for eligible students enrolled in
 3311  juvenile justice education programs shall be provided through
 3312  the Florida Education Finance Program as provided in s. 1011.62
 3313  and the General Appropriations Act. Funding shall include, at a
 3314  minimum:
 3315         1. Weighted program funding or the basic amount for current
 3316  operation multiplied by the district cost differential as
 3317  provided in s. 1011.62(2) s. 1011.62(1)(s) and (2);
 3318         2. The supplemental allocation for juvenile justice
 3319  education as provided in s. 1011.62(10);
 3320         3. A proportionate share of the district’s exceptional
 3321  student education guaranteed allocation, the supplemental
 3322  academic instruction allocation, and the instructional materials
 3323  allocation;
 3324         4. An amount equivalent to the proportionate share of the
 3325  state average potential discretionary local effort for
 3326  operations, which shall be determined as follows:
 3327         a. If the district levies the maximum discretionary local
 3328  effort and the district’s discretionary local effort per FTE is
 3329  less than the state average potential discretionary local effort
 3330  per FTE, the proportionate share shall include both the
 3331  discretionary local effort and the compression supplement per
 3332  FTE. If the district’s discretionary local effort per FTE is
 3333  greater than the state average per FTE, the proportionate share
 3334  shall be equal to the state average; or
 3335         b. If the district does not levy the maximum discretionary
 3336  local effort and the district’s actual discretionary local
 3337  effort per FTE is less than the state average potential
 3338  discretionary local effort per FTE, the proportionate share
 3339  shall be equal to the district’s actual discretionary local
 3340  effort per FTE. If the district’s actual discretionary local
 3341  effort per FTE is greater than the state average per FTE, the
 3342  proportionate share shall be equal to the state average
 3343  potential local effort per FTE; and
 3344         5. A proportionate share of the district’s proration to
 3345  funds available, if necessary.
 3346         (b) Juvenile justice education educational programs to
 3347  receive the appropriate FEFP funding for Department of Juvenile
 3348  Justice education programs shall include those operated through
 3349  a contract with the Department of Juvenile Justice and which are
 3350  under purview of the Department of Juvenile Justice quality
 3351  assurance standards for education.
 3352         (c) Consistent with the rules of the State Board of
 3353  Education, district school boards shall are required to request
 3354  an alternative FTE survey for Department of Juvenile Justice
 3355  education programs experiencing fluctuations in student
 3356  enrollment.
 3357         (d) FTE count periods shall be prescribed in rules of the
 3358  State Board of Education and shall be the same for programs of
 3359  the Department of Juvenile Justice as for other public school
 3360  programs. The summer school period for students in Department of
 3361  Juvenile Justice education programs shall begin on the day
 3362  immediately following the end of the regular school year and end
 3363  on the day immediately preceding the subsequent regular school
 3364  year. Students shall be funded for no more than 25 hours per
 3365  week of direct instruction.
 3366         (e) Each juvenile justice education program must receive
 3367  all federal funds for which the program is eligible.
 3368         (14)(13) Each district school board shall negotiate a
 3369  cooperative agreement with the Department of Juvenile Justice on
 3370  the delivery of educational services to students youths under
 3371  the jurisdiction of the Department of Juvenile Justice. Such
 3372  agreement must include, but is not limited to:
 3373         (a) Roles and responsibilities of each agency, including
 3374  the roles and responsibilities of contract providers.
 3375         (b) Administrative issues including procedures for sharing
 3376  information.
 3377         (c) Allocation of resources including maximization of
 3378  local, state, and federal funding.
 3379         (d) Procedures for educational evaluation for educational
 3380  exceptionalities and special needs.
 3381         (e) Curriculum and delivery of instruction.
 3382         (f) Classroom management procedures and attendance
 3383  policies.
 3384         (g) Procedures for provision of qualified instructional
 3385  personnel, whether supplied by the district school board or
 3386  provided under contract by the provider, and for performance of
 3387  duties while in a juvenile justice setting.
 3388         (h) Provisions for improving skills in teaching and working
 3389  with students referred to juvenile justice education programs
 3390  delinquents.
 3391         (i) Transition plans for students moving into and out of
 3392  juvenile justice education programs facilities.
 3393         (j) Procedures and timelines for the timely documentation
 3394  of credits earned and transfer of student records.
 3395         (k) Methods and procedures for dispute resolution.
 3396         (l) Provisions for ensuring the safety of education
 3397  personnel and support for the agreed-upon education program.
 3398         (m) Strategies for correcting any deficiencies found
 3399  through the accountability and evaluation system and student
 3400  performance measures quality assurance process.
 3401         (15)(14) Nothing in this section or in a cooperative
 3402  agreement requires shall be construed to require the district
 3403  school board to provide more services than can be supported by
 3404  the funds generated by students in the juvenile justice
 3405  programs.
 3406         (16)(15)(a) The Department of Education, in consultation
 3407  with the Department of Juvenile Justice, district school boards,
 3408  and providers, shall adopt rules establishing: establish
 3409         (a) Objective and measurable student performance measures
 3410  to evaluate a student’s educational progress while participating
 3411  in a prevention, day treatment, or residential program. The
 3412  student performance measures must be based on appropriate
 3413  outcomes for all students in juvenile justice education
 3414  programs, taking into consideration the student’s length of stay
 3415  in the program. Performance measures shall include outcomes that
 3416  relate to student achievement of career education goals,
 3417  acquisition of employability skills, receipt of a high school
 3418  diploma or its equivalent, grade advancement, and the number of
 3419  CAPE industry certifications earned.
 3420         (b) A performance rating system to be used by the
 3421  Department of Education to evaluate quality assurance standards
 3422  for the delivery of educational services within each of the
 3423  juvenile justice programs. The performance rating shall be
 3424  primarily based on data regarding student performance as
 3425  described in paragraph (a) component of residential and
 3426  nonresidential juvenile justice facilities.
 3427         (c) The timeframes, procedures, and resources to be used to
 3428  improve a low-rated educational program or to terminate or
 3429  reassign the program These standards shall rate the district
 3430  school board’s performance both as a provider and contractor.
 3431  The quality assurance rating for the educational component shall
 3432  be disaggregated from the overall quality assurance score and
 3433  reported separately.
 3434         (d)(b) The Department of Education, in partnership with the
 3435  Department of Juvenile Justice, shall develop a comprehensive
 3436  accountability and program improvement quality assurance review
 3437  process. The accountability and program improvement process
 3438  shall be based on student performance measures by type of
 3439  program and shall rate education program performance. The
 3440  accountability system shall identify and recognize high
 3441  performing education programs. The Department of Education, in
 3442  partnership with the Department of Juvenile Justice, shall
 3443  identify low-performing programs. Low-performing education
 3444  programs shall receive an onsite program evaluation from the
 3445  Department of Juvenile Justice. School improvement, technical
 3446  assistance, or the reassignment of the program shall be based,
 3447  in part, on the results of the program evaluation. Through a
 3448  corrective action process, low-performing programs must
 3449  demonstrate improvement or reassign the program and schedule for
 3450  the evaluation of the educational component in juvenile justice
 3451  programs. The Department of Juvenile Justice quality assurance
 3452  site visit and the education quality assurance site visit shall
 3453  be conducted during the same visit.
 3454         (c) The Department of Education, in consultation with
 3455  district school boards and providers, shall establish minimum
 3456  thresholds for the standards and key indicators for educational
 3457  programs in juvenile justice facilities. If a district school
 3458  board fails to meet the established minimum standards, it will
 3459  be given 6 months to achieve compliance with the standards. If
 3460  after 6 months, the district school board’s performance is still
 3461  below minimum standards, the Department of Education shall
 3462  exercise sanctions as prescribed by rules adopted by the State
 3463  Board of Education. If a provider, under contract with the
 3464  district school board, fails to meet minimum standards, such
 3465  failure shall cause the district school board to cancel the
 3466  provider’s contract unless the provider achieves compliance
 3467  within 6 months or unless there are documented extenuating
 3468  circumstances.
 3469         (d) The requirements in paragraphs (a), (b), and (c) shall
 3470  be implemented to the extent that funds are available.
 3471         (17) The department, in collaboration with the Department
 3472  of Juvenile Justice, shall collect data and report on
 3473  commitment, day treatment, prevention, and detention programs.
 3474  The report shall be submitted to the President of the Senate,
 3475  the Speaker of the House of Representatives, and the Governor by
 3476  February 1 of each year. The report must include, at a minimum:
 3477         (a) The number and percentage of students who:
 3478         1. Return to an alternative school, middle school, or high
 3479  school upon release and the attendance rate of such students
 3480  before and after participation in juvenile justice education
 3481  programs.
 3482         2. Receive a standard high school diploma or a high school
 3483  equivalency diploma.
 3484         3. Receive industry certification.
 3485         4. Enroll in a postsecondary educational institution.
 3486         5. Complete a juvenile justice education program without
 3487  reoffending.
 3488         6. Reoffend within 1 year after completion of a day
 3489  treatment or residential commitment program.
 3490         7. Remain employed 1 year after completion of a day
 3491  treatment or residential commitment program.
 3492         8. Demonstrate learning gains pursuant to paragraph (3)(b).
 3493         (b) The following cost data for each juvenile justice
 3494  education program:
 3495         1. The amount of funding provided by district school boards
 3496  to juvenile justice programs and the amount retained for
 3497  administration, including documenting the purposes of such
 3498  expenses.
 3499         2. The status of the development of cooperative agreements.
 3500         3. Recommendations for system improvement.
 3501         4. Information on the identification of, and services
 3502  provided to, exceptional students, to determine whether these
 3503  students are properly reported for funding and are appropriately
 3504  served.
 3505         (18)(16) The district school board shall not be charged any
 3506  rent, maintenance, utilities, or overhead on such facilities.
 3507  Maintenance, repairs, and remodeling of existing facilities
 3508  shall be provided by the Department of Juvenile Justice.
 3509         (19)(17) When additional facilities are required, the
 3510  district school board and the Department of Juvenile Justice
 3511  shall agree on the appropriate site based on the instructional
 3512  needs of the students. When the most appropriate site for
 3513  instruction is on district school board property, a special
 3514  capital outlay request shall be made by the commissioner in
 3515  accordance with s. 1013.60. When the most appropriate site is on
 3516  state property, state capital outlay funds shall be requested by
 3517  the Department of Juvenile Justice provided by s. 216.043 and
 3518  shall be submitted as specified by s. 216.023. Any instructional
 3519  facility to be built on state property shall have educational
 3520  specifications jointly developed by the district school board
 3521  and the Department of Juvenile Justice and approved by the
 3522  Department of Education. The size of space and occupant design
 3523  capacity criteria as provided by State Board of Education rules
 3524  shall be used for remodeling or new construction whether
 3525  facilities are provided on state property or district school
 3526  board property.
 3527         (20)(18) The parent of an exceptional student shall have
 3528  the due process rights provided for in this chapter.
 3529         (19) The Department of Education and the Department of
 3530  Juvenile Justice, after consultation with and assistance from
 3531  local providers and district school boards, shall report
 3532  annually to the Legislature by February 1 on the progress toward
 3533  developing effective educational programs for juvenile
 3534  delinquents, including the amount of funding provided by
 3535  district school boards to juvenile justice programs, the amount
 3536  retained for administration including documenting the purposes
 3537  for such expenses, the status of the development of cooperative
 3538  agreements, the results of the quality assurance reviews
 3539  including recommendations for system improvement, and
 3540  information on the identification of, and services provided to,
 3541  exceptional students in juvenile justice commitment facilities
 3542  to determine whether these students are properly reported for
 3543  funding and are appropriately served.
 3544         (21)(20) The education educational programs at the Arthur
 3545  Dozier School for Boys in Jackson County and the Florida School
 3546  for Boys in Okeechobee shall be operated by the Department of
 3547  Education, either directly or through grants or contractual
 3548  agreements with other public or duly accredited education
 3549  agencies approved by the Department of Education.
 3550         (22)(21) The State Board of Education shall may adopt any
 3551  rules necessary to implement the provisions of this section,
 3552  including uniform curriculum, funding, and second chance
 3553  schools. Such rules must require the minimum amount of paperwork
 3554  and reporting.
 3555         (23)(22) The Department of Juvenile Justice and the
 3556  Department of Education, in consultation with Workforce Florida,
 3557  Inc., the statewide Workforce Development Youth Council,
 3558  district school boards, Florida College System institutions,
 3559  providers, and others, shall jointly develop a multiagency plan
 3560  for CAPE career education which describes the funding,
 3561  curriculum, transfer of credits, goals, and outcome measures for
 3562  career education programming in juvenile commitment facilities,
 3563  pursuant to s. 985.622. The plan must be reviewed annually.
 3564         Section 33. Subsection (4) of section 1003.4282, Florida
 3565  Statutes, is amended, and present subsection (10) of section
 3566  1003.4282, Florida Statutes, is renumbered as subsection (11),
 3567  and a new subsection (10) is added to that section, to read:
 3568         1003.4282 Requirements for a standard high school diploma.—
 3569         (4) ONLINE COURSE REQUIREMENT.—Excluding a driver education
 3570  course, At least one course within the 24 credits required under
 3571  this section must be completed through online learning. A school
 3572  district may not require a student to take the online course
 3573  outside the school day or in addition to a student’s courses for
 3574  a given semester. An online course taken in grade 6, grade 7, or
 3575  grade 8 fulfills this requirement. This requirement is met
 3576  through an online course offered by the Florida Virtual School,
 3577  a virtual education provider approved by the State Board of
 3578  Education, a high school, or an online dual enrollment course. A
 3579  student who is enrolled in a full-time or part-time virtual
 3580  instruction program under s. 1002.45 meets this requirement.
 3581  This requirement does not apply to a student who has an
 3582  individual education plan under s. 1003.57 which indicates that
 3583  an online course would be inappropriate or to an out-of-state
 3584  transfer student who is enrolled in a Florida high school and
 3585  has 1 academic year or less remaining in high school.
 3586         (10) STUDENTS WITH DISABILITIES.—Beginning with students
 3587  entering grade 9 in the 2014-2015 school year, this subsection
 3588  applies to a student with a disability.
 3589         (a) A parent of the student with a disability shall, in
 3590  collaboration with the individual education plan (IEP) team
 3591  during the transition planning process pursuant to s. 1003.5716,
 3592  declare an intent for the student to graduate from high school
 3593  with either a standard high school diploma or a certificate of
 3594  completion. A student with a disability who does not satisfy the
 3595  standard high school diploma requirements pursuant to this
 3596  section shall be awarded a certificate of completion.
 3597         (b) The following options, in addition to the other options
 3598  specified in this section, may be used to satisfy the standard
 3599  high school diploma requirements, as specified in the student’s
 3600  individual education plan:
 3601         1. For a student with a disability for whom the IEP team
 3602  has determined that the Florida Alternate Assessment is the most
 3603  appropriate measure of the student’s skills:
 3604         a. A combination of course substitutions, assessments,
 3605  industry certifications, other acceleration options, or
 3606  occupational completion points appropriate to the student’s
 3607  unique skills and abilities that meet the criteria established
 3608  by State Board of Education rule.
 3609         b. A portfolio of quantifiable evidence that documents a
 3610  student’s mastery of academic standards through rigorous metrics
 3611  established by State Board of Education rule. A portfolio may
 3612  include, but is not limited to, documentation of work
 3613  experience, internships, community service, and postsecondary
 3614  credit.
 3615         2. For a student with a disability for whom the IEP team
 3616  has determined that mastery of academic and employment
 3617  competencies is the most appropriate way for a student to
 3618  demonstrate his or her skills:
 3619         a. Documented completion of the minimum high school
 3620  graduation requirements, including the number of course credits
 3621  prescribed by rules of the State Board of Education.
 3622         b. Documented achievement of all annual goals and short
 3623  term objectives for academic and employment competencies,
 3624  industry certifications, and occupational completion points
 3625  specified in the student’s transition plan. The documentation
 3626  must be verified by the IEP team.
 3627         c. Documented successful employment for the number of hours
 3628  per week specified in the student’s transition plan, for the
 3629  equivalent of 1 semester, and payment of a minimum wage in
 3630  compliance with the requirements of the federal Fair Labor
 3631  Standards Act.
 3632         d.Documented mastery of the academic and employment
 3633  competencies, industry certifications, and occupational
 3634  completion points specified in the student’s transition plan.
 3635  The documentation must be verified by the IEP team, the
 3636  employer, and the teacher. The transition plan must be developed
 3637  and signed by the student, parent, teacher, and employer before
 3638  placement in employment and must identify the following:
 3639         (I) The expected academic and employment competencies,
 3640  industry certifications, and occupational completion points;
 3641         (II) The criteria for determining and certifying mastery of
 3642  the competencies;
 3643         (III) The work schedule and the minimum number of hours to
 3644  be worked per week; and
 3645         (IV) A description of the supervision to be provided by the
 3646  school district.
 3647         3. Any change to the high school graduation option
 3648  specified in the student’s IEP must be approved by the parent
 3649  and is subject to verification for appropriateness by an
 3650  independent reviewer selected by the parent as provided in s.
 3651  1003.572.
 3652         (c) A student with a disability who meets the standard high
 3653  school diploma requirements in this section may defer the
 3654  receipt of a standard high school diploma if the student:
 3655         1. Has an individual education plan that prescribes special
 3656  education, transition planning, transition services, or related
 3657  services through age 21; and
 3658         2. Is enrolled in accelerated college credit instruction
 3659  pursuant to s. 1007.27, industry certification courses that lead
 3660  to college credit, a collegiate high school program, courses
 3661  necessary to satisfy the Scholar designation requirements, or a
 3662  structured work-study, internship, or preapprenticeship program.
 3663         (d) A student with a disability who receives a certificate
 3664  of completion and has an individual education plan that
 3665  prescribes special education, transition planning, transition
 3666  services, or related services through 21 years of age may
 3667  continue to receive the specified instruction and services.
 3668         (e) Any waiver of the statewide, standardized assessment
 3669  requirements by the individual education plan team, pursuant to
 3670  s. 1008.22(3)(c), must be approved by the parent and is subject
 3671  to verification for appropriateness by an independent reviewer
 3672  selected by the parent as provided for in s. 1003.572.
 3673  
 3674  The State Board of Education shall adopt rules under ss.
 3675  120.536(1) and 120.54 to implement this paragraph, including
 3676  rules that establish the minimum requirements for students
 3677  described in this paragraph to earn a standard high school
 3678  diploma. The State Board of Education shall adopt emergency
 3679  rules pursuant to ss. 120.536(1) and 120.54.
 3680         Section 34. If this act and CS/HB 7031, 2014 Regular
 3681  Session, or similar legislation, are adopted in the same
 3682  legislative session or an extension thereof and become law, and
 3683  the respective provisions of such acts amending s. 1003.4282(4),
 3684  Florida Statutes, differ, it is the intent of the Legislature
 3685  that the amendments made by this act to s. 1003.4282(4), Florida
 3686  Statutes, shall control over the language of CS/HB 7031, or
 3687  similar legislation, regardless of the order in which they are
 3688  enacted.
 3689         Section 35. Section 1003.4995, Florida Statutes, is created
 3690  to read:
 3691         1003.4995 Fine arts report.—The Commissioner of Education
 3692  shall prepare an annual report that includes a description,
 3693  based on annual reporting by schools, of student access to and
 3694  participation in fine arts courses, which are visual arts,
 3695  music, dance, and theatre courses; the number and certification
 3696  status of educators providing instruction in the courses;
 3697  educational facilities designed and classroom space equipped for
 3698  fine arts instruction; and the manner in which schools are
 3699  providing the core curricular content for fine arts established
 3700  in the Next Generation Sunshine State Standards. The report
 3701  shall be posted on the Department of Education’s website and
 3702  updated annually.
 3703         Section 36. The Florida Agricultural and Mechanical
 3704  University Crestview Education Center is renamed as the “Senator
 3705  Durell Peaden, Jr., FAMU Educational Center.”
 3706         Section 37.  Except as otherwise expressly provided in this
 3707  act, this act shall take effect upon becoming a law.
 3708  
 3709  ================= T I T L E  A M E N D M E N T ================
 3710  And the title is amended as follows:
 3711         Delete lines 2120 - 2256
 3712  and insert:
 3713         An act relating to education; amending s. 1001.42,
 3714         F.S.; requiring a school that includes middle grades
 3715         to include information, data, and instructional
 3716         strategies in its school improvement plan; requiring a
 3717         school that includes middle grades to implement an
 3718         early warning system based on indicators to identify
 3719         students in need of additional academic support;
 3720         amending s. 1003.02, F.S.; requiring a district school
 3721         board to notify parents of return on investment
 3722         relating to industry certifications; amending s.
 3723         1003.42, F.S.; providing State Board of Education
 3724         duties relating to middle grades courses; amending s.
 3725         1003.4203, F.S.; requiring a district school board, in
 3726         consultation with the district school superintendent,
 3727         to make CAPE Digital Tool certificates and CAPE
 3728         industry certifications available to students,
 3729         including students with disabilities, in
 3730         prekindergarten through grade 12, to enable students
 3731         to attain digital skills; providing eligibility for
 3732         additional FTE funding; requiring innovative programs
 3733         and courses that combine academic and career
 3734         instructional tools and industry certifications into
 3735         education for both college and career preparedness;
 3736         providing for additional FTE funding; providing for
 3737         grade point average calculation; requiring the
 3738         Department of Education to collaborate with Florida
 3739         educators and school leaders to provide technical
 3740         assistance to district school boards regarding
 3741         implementation; authorizing public schools to provide
 3742         students with access to third-party assessment centers
 3743         and career and professional academy curricula;
 3744         encouraging third-party assessment providers and
 3745         career and professional academy curricula providers to
 3746         provide annual training; amending s. 1003.4281, F.S.;
 3747         deleting calculations for paid and unpaid high school
 3748         credits; amending s. 1003.492, F.S.; requiring return
 3749         on-investment information for career education;
 3750         amending s. 1003.4935, F.S.; authorizing additional
 3751         FTE funding for certain Digital Tool certificates and
 3752         industry certifications; amending s. 1003.53, F.S.;
 3753         authorizing dropout prevention and academic
 3754         intervention services for a student identified by a
 3755         school’s early warning system; amending s. 1006.135,
 3756         F.S.; including middle grades schools under provisions
 3757         prohibiting hazing; revising the definition of the
 3758         term “hazing”; requiring a school district policy that
 3759         prohibits hazing and establishes consequences for an
 3760         act of hazing; revising penalty provisions and
 3761         providing for applicability; creating s. 1007.273,
 3762         F.S.; requiring a Florida College System institution
 3763         to work with each district school board in its
 3764         designated service area to establish collegiate high
 3765         school programs; providing options for participation
 3766         in a collegiate high school program; requiring a local
 3767         Florida College System institution to execute a
 3768         contract with a district school board to establish the
 3769         program; authorizing another Florida College System
 3770         institution to execute a contract with the district
 3771         school board in certain circumstances; requiring each
 3772         district school board to execute the contract with the
 3773         local Florida College System institution; requiring
 3774         the contract to be executed by a specified date for
 3775         the purpose of implementation; specifying information
 3776         that must be included in the contract; specifying
 3777         requirements for student performance contracts for
 3778         students participating in the collegiate high school
 3779         program; authorizing district school boards to execute
 3780         a contract with a state university or certain
 3781         independent colleges and universities to establish the
 3782         collegiate high school program; providing funding;
 3783         requiring the State Board of Education to enforce
 3784         compliance; amending s. 1008.345, F.S.; correcting a
 3785         cross-reference; amending s. 1008.44, F.S.; requiring
 3786         the department to annually identify CAPE Digital Tool
 3787         certificates and CAPE industry certifications;
 3788         authorizing the Commissioner of Education to recommend
 3789         adding certain certificates and certifications;
 3790         providing requirements for inclusion of CAPE Digital
 3791         Tool certificates and CAPE industry certifications on
 3792         the funding list; authorizing the commissioner to
 3793         limit certain Digital Tool certificates and CAPE
 3794         industry certifications to students in certain grades;
 3795         providing requirements for the Articulation
 3796         Coordinating Committee; amending s. 1011.62, F.S.;
 3797         specifying requirements relating to additional FTE
 3798         funding based on completion of certain courses or
 3799         programs and issuance of CAPE industry certification;
 3800         deleting obsolete provisions; deleting provisions
 3801         regarding Florida Cyber Security Recognition, Florida
 3802         Digital Arts Recognition, and Florida Digital Tool
 3803         Certificates; amending s. 1012.98, F.S.; providing
 3804         requirements relating to professional development,
 3805         including inservice plans and instructional
 3806         strategies, for middle grades educators; requiring the
 3807         Department of Education to disseminate professional
 3808         development in the use of integrated digital
 3809         instruction; amending s. 11.45, F.S.; authorizing the
 3810         Auditor General to conduct audits of the accounts and
 3811         records of nonprofit scholarship-funding
 3812         organizations; creating s. 1002.385, F.S.;
 3813         establishing the Florida Personal Learning Scholarship
 3814         Accounts Program; defining terms; specifying criteria
 3815         for students who are eligible to participate in the
 3816         program; identifying certain students who are not
 3817         eligible to participate in the program; authorizing
 3818         the use of awarded funds for specific purposes;
 3819         prohibiting specific providers, schools, institutions,
 3820         school districts, and other entities from sharing,
 3821         refunding, or rebating program funds; specifying the
 3822         terms of the program; requiring a school district to
 3823         notify the parent regarding the option to participate
 3824         in the program; specifying the school district’s
 3825         responsibilities for completing a matrix of services
 3826         and notifying the Department of Education of the
 3827         completion of the matrix; requiring the department to
 3828         notify the parent regarding the amount of the awarded
 3829         funds; authorizing the school district to change the
 3830         matrix under certain circumstances; requiring the
 3831         school district in which a student resides to notify
 3832         students and parents of locations and times to take
 3833         all statewide assessments; requiring the school
 3834         district to notify parents of the availability of a
 3835         reevaluation; specifying the eligibility requirements
 3836         and obligations of an eligible private school relating
 3837         to the program; specifying the duties of the
 3838         Department of Education relating to the program;
 3839         requiring the Commissioner of Education to deny,
 3840         suspend, or revoke participation in the program or use
 3841         of program funds under certain circumstances;
 3842         providing additional factors under which the
 3843         commissioner may deny, suspend, or revoke a
 3844         participation in the program or program funds;
 3845         requiring a parent to sign an agreement with the
 3846         Department of Education to enroll his or her child in
 3847         the program which specifies the responsibilities of a
 3848         parent or student for using funds in an account and
 3849         for submitting a compliance statement to the
 3850         department; providing that a parent who fails to
 3851         comply with the responsibilities of the agreement
 3852         forfeits the personal learning scholarship account;
 3853         authorizing an eligible nonprofit scholarship-funding
 3854         organization to establish personal learning
 3855         scholarship accounts for eligible students
 3856         participating in the program; providing for funding
 3857         and payments; providing for the closing of a student’s
 3858         account and reversion of funds to the state; requiring
 3859         an eligible nonprofit scholarship-funding organization
 3860         to develop a system for payment of benefits by
 3861         electronic funds transfer; providing that moneys
 3862         received pursuant to the program do not constitute
 3863         taxable income; providing the Auditor General’s
 3864         obligations under the program; requiring the
 3865         Department of Health, the Agency for Persons with
 3866         Disabilities, and the Department of Education to work
 3867         with an eligible nonprofit scholarship-funding
 3868         organization for easy or automated access to lists of
 3869         licensed providers of services; providing that the
 3870         state is not liable for the award or use of awarded
 3871         funds; providing for the scope of authority of the
 3872         act; requiring the State Board of Education to adopt
 3873         rules to administer the program; providing for
 3874         implementation of the program in a specified school
 3875         year; amending s. 1002.395, F.S.; revising the purpose
 3876         of the Florida Tax Credit Scholarship Program;
 3877         revising definitions; revising eligibility
 3878         requirements for the Florida Tax Credit Scholarship
 3879         Program; requiring the Department of Education and
 3880         Department of Revenue to publish the tax credit cap on
 3881         their websites when it is increased; requiring the
 3882         Department of Revenue to provide a copy of a letter
 3883         approving a taxpayer for a specified tax credit to the
 3884         eligible nonprofit scholarship-funding organization;
 3885         authorizing certain entities to convey, transfer, or
 3886         assign certain tax credits; providing for the
 3887         calculation of underpayment of estimated corporate
 3888         income taxes and tax installation payments for taxes
 3889         on insurance premiums and assessments and the
 3890         determination of whether penalties or interest shall
 3891         be imposed on the underpayment; revising the
 3892         disqualifying offenses for nonprofit scholarship
 3893         funding organization owners and operators; revising
 3894         priority for new applicants; allowing a student in
 3895         foster care or out-of-home care to apply for a
 3896         scholarship at any time; prohibiting use of eligible
 3897         contributions from being used for lobbying or
 3898         political activity or related expenses; requiring
 3899         application fees to be expended for student
 3900         scholarships in any year a nonprofit scholarship
 3901         funding organization uses eligible contributions for
 3902         administrative expenses; requiring amounts carried
 3903         forward to be specifically reserved for particular
 3904         students and schools for audit purposes; revising
 3905         audit and report requirements for nonprofit
 3906         scholarship-funding organizations and Auditor General
 3907         review of all reports; requiring nonprofit
 3908         scholarship-funding organizations to maintain a surety
 3909         bond or letter of credit and to adjust the bond or
 3910         letter of credit quarterly based upon a statement from
 3911         a certified public accountant; providing exceptions;
 3912         requiring the nonprofit scholarship-funding
 3913         organization to provide the Auditor General any
 3914         information or documentation requested in connection
 3915         with an operational audit; requiring a private school
 3916         to provide agreed upon transportation and make
 3917         arrangements for taking statewide assessments at the
 3918         school district testing site and in accordance with
 3919         the district’s testing schedule if the student chooses
 3920         to take the statewide assessment; requiring parental
 3921         authorization for access to income eligibility
 3922         information; specifying that the independent research
 3923         organization is the Learning System Institute at the
 3924         Florida State University; identifying grant terms and
 3925         payments; revising statewide and individual school
 3926         report requirements; revising limitations on annual
 3927         scholarship amounts; providing initial and renewal
 3928         application requirements and an approval process for a
 3929         charitable organization that seeks to be a nonprofit
 3930         scholarship-funding organization; requiring the State
 3931         Board of Education to adopt rules; providing a
 3932         registration notice requirement for public and private
 3933         universities to be nonprofit scholarship-funding
 3934         organizations; requiring the State Board of Education
 3935         to adopt rules; allowing existing nonprofit
 3936         scholarship-funding organizations to provide the
 3937         required bond at a specified date; repealing s.
 3938         1003.438, F.S., relating to special high school
 3939         graduation requirements for certain exceptional
 3940         students; creating s. 1003.5716, F.S.; providing that
 3941         certain students with disabilities have a right to
 3942         free, appropriate public education; requiring an
 3943         individual education plan (IEP) team to begin the
 3944         process of, and to develop an IEP for, identifying
 3945         transition services needs for a student with a
 3946         disability before the student attains a specified age;
 3947         providing requirements for the process; requiring
 3948         certain statements to be included and annually updated
 3949         in the IEP; providing that changes in the goals
 3950         specified in an IEP are subject to independent review
 3951         and parental approval; requiring the school district
 3952         to reconvene the IEP team to identify alternative
 3953         strategies to meet transition objectives if a
 3954         participating agency fails to provide transition
 3955         services specified in the IEP; providing that the
 3956         agency’s failure does not relieve the agency of the
 3957         responsibility to provide or pay for the transition
 3958         services that the agency otherwise would have
 3959         provided; amending s. 1003.572, F.S.; prohibiting a
 3960         school district from charging fees or imposing
 3961         additional requirements on private instructional
 3962         personnel; amending s. 1008.25, F.S.; requiring
 3963         written notification relating to portfolios to a
 3964         parent of a student with a substantial reading
 3965         deficiency; requiring a student promoted to a certain
 3966         grade with a good cause exemption to receive intensive
 3967         reading instruction and intervention; requiring a
 3968         school district to assist schools and teachers with
 3969         the implementation of reading strategies; revising
 3970         good cause exemptions; directing the Florida Prepaid
 3971         College Board to conduct a study and submit to the
 3972         Legislature a report under established parameters;
 3973         amending ss. 120.81, 409.1451, and 1007.263, F.S.;
 3974         conforming cross-references; providing for application
 3975         of specified provisions in the act; amending s.
 3976         985.622, F.S.; revising requirements for the
 3977         multiagency education plan for students in juvenile
 3978         justice education programs; including virtual
 3979         education as an option; amending s. 1001.31, F.S.;
 3980         authorizing instructional personnel at all juvenile
 3981         justice facilities to access specific student records
 3982         at the district; amending s. 1003.51, F.S.; revising
 3983         terminology; revising requirements for rules to be
 3984         maintained by the State Board of Education; providing
 3985         expectations for effective education programs for
 3986         students in Department of Juvenile Justice programs;
 3987         revising requirements for contract and cooperative
 3988         agreements for the delivery of appropriate education
 3989         services to students in Department of Juvenile Justice
 3990         programs; requiring the Department of Education to
 3991         ensure that juvenile justice students who are eligible
 3992         have access to high school equivalency testing and
 3993         assist juvenile justice education programs with
 3994         becoming high school equivalency testing centers;
 3995         revising requirements for an accountability system for
 3996         all juvenile justice education programs; revising
 3997         requirements for district school boards; amending s.
 3998         1003.52, F.S.; revising requirements for activities to
 3999         be coordinated by the coordinators for juvenile
 4000         justice education programs; authorizing contracting
 4001         for educational assessments; revising requirements for
 4002         assessments; authorizing access to local virtual
 4003         education courses; requiring that an education program
 4004         shall be based on each student’s transition plan and
 4005         assessed educational needs; providing requirements for
 4006         prevention and day treatment juvenile justice
 4007         education programs; requiring progress monitoring
 4008         plans for all students not classified as exceptional
 4009         student education students; revising requirements for
 4010         such plans; requiring the Department of Education, in
 4011         partnership with the Department of Juvenile Justice,
 4012         to ensure that school districts and juvenile justice
 4013         education providers develop individualized transition
 4014         plans; providing requirements for such plans;
 4015         authorizing the Secretary of Juvenile Justice or the
 4016         director of a juvenile justice program to request that
 4017         a school district teacher’s performance be reviewed by
 4018         the district and that the teacher be reassigned in
 4019         certain circumstances; requiring the Department of
 4020         Education to establish by rule objective and
 4021         measurable student performance measures and program
 4022         performance ratings; providing requirements for such
 4023         ratings; requiring a comprehensive accountability and
 4024         program improvement process; providing requirements
 4025         for such a process; deleting provisions for minimum
 4026         thresholds for the standards and key indicators for
 4027         education programs in juvenile justice facilities;
 4028         revising data collection and annual report
 4029         requirements; deleting provisions concerning the
 4030         Arthur Dozier School for Boys; requiring rulemaking;
 4031         amending s. 1001.42, F.S.; revising terminology;
 4032         revising a cross-reference; amending s. 1003.4282,
 4033         F.S.; revising provisions relating to the online
 4034         course requirement for a standard high school diploma;
 4035         providing standard high school diploma requirements
 4036         for students with disabilities; requiring an
 4037         independent review and a parent’s approval to change a
 4038         high school graduation option specified in the
 4039         student’s individual education plan; providing for a
 4040         student with a disability to defer the receipt of a
 4041         standard high school diploma under certain
 4042         circumstances; authorizing certain students with
 4043         disabilities to continue to receive certain
 4044         instruction and services; requiring parental approval
 4045         and independent review of a waiver of statewide,
 4046         standardized assessments; requiring the State Board of
 4047         Education to adopt rules; providing construction with
 4048         respect to the passage of similar legislation;
 4049         creating s. 1003.4995, F.S.; requiring the
 4050         Commissioner of Education to prepare an annual report
 4051         relating to student access to and participation in
 4052         fine arts courses and information on educators,
 4053         facilities, and instruction in such courses; renaming
 4054         the Florida Agricultural and Mechanical University
 4055         Crestview Education Center as the “Senator Durell
 4056         Peaden, Jr., FAMU Educational Center”; providing
 4057         effective dates.