Florida Senate - 2016 SB 886
By Senator Benacquisto
1 A bill to be entitled
2 An act relating to parent and student rights; amending
3 s. 1002.20, F.S.; revising public school educational
4 choice options available to students throughout the
5 state to include CAPE Digital Tool certificates, CAPE
6 industry certifications, and collegiate high school
7 programs; authorizing parents of public school
8 students to seek private educational choice options
9 through the Florida Personal Learning Scholarship
10 Accounts Program under certain circumstances;
11 providing the right of a parent to know an estimated
12 amount of money expended for the education of his or
13 her child; requiring the Department of Education to
14 provide each school district with such information;
15 requiring the school districts to provide notification
16 to parents; authorizing the information to be
17 published in the student handbook or a similar
18 publication; amending s. 1002.31, F.S.; deleting the
19 definition of and provisions relating to the term
20 “controlled open enrollment”; requiring each school
21 district to establish a public school parental choice
22 policy that authorizes parents to choose to enroll
23 their child in and transport their child to any public
24 school that has not reached capacity in the state;
25 authorizing a school district to provide
26 transportation to students who participate in the
27 public school parental choice policy; prohibiting the
28 displacement of certain students who participate in
29 the public school parental choice policy; authorizing
30 a student participating in the public school parental
31 choice policy to remain at a school until a certain
32 time; revising requirements for the public school
33 parental choice plan; defining the term “capacity”;
34 authorizing a parent to enroll and transport his or
35 her child to a public school that has not reached
36 capacity by a specified date; requiring the school
37 district to report a student for purposes of the
38 school district’s funding; amending s. 1002.33, F.S.;
39 requiring a charter school with space available to be
40 open to any student in the state; creating s.
41 1003.3101, F.S.; requiring each school district board
42 to establish a classroom teacher transfer process for
43 parents, to approve or deny a transfer request within
44 a certain timeframe, to notify a parent of a denial,
45 and to post an explanation of the transfer process in
46 the student handbook or a similar publication;
47 amending s. 1012.42, F.S.; authorizing a parent of a
48 child whose teacher is teaching outside the teacher’s
49 field to request that the child be transferred to
50 another classroom teacher within the school and grade
51 in which the child is currently enrolled within a
52 specified timeframe; specifying that a transfer does
53 not provide a parent the right to choose a specific
54 teacher; amending ss. 1002.38, 1002.451, and 1006.15,
55 F.S.; conforming provisions to changes made by the
56 act; providing an effective date.
58 Be It Enacted by the Legislature of the State of Florida:
60 Section 1. Paragraphs (a) and (b) of subsection (6) of
61 section 1002.20, Florida Statutes, are amended, and subsection
62 (25) is added to that section, to read:
63 1002.20 K-12 student and parent rights.—Parents of public
64 school students must receive accurate and timely information
65 regarding their child’s academic progress and must be informed
66 of ways they can help their child to succeed in school. K-12
67 students and their parents are afforded numerous statutory
68 rights including, but not limited to, the following:
69 (6) EDUCATIONAL CHOICE.—
70 (a) Public educational
school choices.—Parents of public
71 school students may seek whatever public educational school
72 choice options that are applicable and available to students
73 throughout the state in their school districts. These options
74 may include public school parental choice controlled open
75 enrollment, single-gender programs, lab schools, virtual
76 instruction programs, charter schools, charter technical career
77 centers, magnet schools, alternative schools, special programs,
78 auditory-oral education programs, CAPE Digital Tool
79 certificates, CAPE industry certifications, collegiate high
80 school programs, advanced placement, dual enrollment,
81 International Baccalaureate, International General Certificate
82 of Secondary Education (pre-AICE), Advanced International
83 Certificate of Education, early admissions, credit by
84 examination or demonstration of competency, the New World School
85 of the Arts, the Florida School for the Deaf and the Blind, and
86 the Florida Virtual School. These options may also include the
87 public educational school choice options of the Opportunity
88 Scholarship Program and the McKay Scholarships for Students with
89 Disabilities Program.
90 (b) Private educational school choices.—Parents of public
91 school students may seek private educational school choice
92 options under certain programs.
93 1. Under the McKay Scholarships for Students with
94 Disabilities Program, the parent of a public school student with
95 a disability may request and receive a McKay Scholarship for the
96 student to attend a private school in accordance with s.
98 2. Under the Florida Tax Credit Scholarship Program, the
99 parent of a student who qualifies for free or reduced-price
100 school lunch or who is currently placed, or during the previous
101 state fiscal year was placed, in foster care as defined in s.
102 39.01 may seek a scholarship from an eligible nonprofit
103 scholarship-funding organization in accordance with s. 1002.395.
104 3. Under the Florida Personal Learning Scholarship Accounts
105 Program, the parent of a student with a qualifying disability
106 may apply for a personal learning scholarship to be used for
107 educational needs in accordance with s. 1002.385.
108 (25) FISCAL TRANSPARENCY.—A parent has the right to know
109 the average amount of money estimated to be expended from all
110 local, state, and federal sources, for the education of his or
111 her child, including operating and capital outlay expenses. The
112 department shall annually provide each district the estimated
113 amount of funding allocated for a student in the district by
114 grade level and level of support. Each district must notify
115 parents of the estimated amount of funding allocated for a
116 student similar to their child, based upon grade level and level
117 of support. The fiscal transparency notification may be included
118 in the student handbook or a similar publication.
119 Section 2. Section 1002.31, Florida Statutes, is amended to
121 1002.31 Controlled open enrollment; Public school parental
123 (1) As used in this section, “controlled open enrollment”
124 means a public education delivery system that allows school
125 districts to make student school assignments using parents’
126 indicated preferential school choice as a significant factor.
127 (1) (2) Each district school board shall establish a public
128 school parental choice policy that authorizes a parent to choose
129 to enroll his or her child in and transport his or her child to
130 any public school in the state which has not reached capacity,
131 including charter schools. This policy may offer controlled open
132 enrollment within the public schools which is in addition to the
133 existing choice programs, such as virtual instruction programs,
134 magnet schools, alternative schools, special programs, advanced
135 placement, and dual enrollment. The district may provide
136 transportation to the students at the district’s discretion. A
137 student assigned to a school may not be displaced by the public
138 school parental choice policy included in the district’s plan.
139 For the purposes of continuity of educational choice, a student
140 may continue to attend the chosen school until the student
141 completes the highest grade offered by the school.
142 (2) (3) Each district school board offering controlled open
143 enrollment shall adopt by rule and post on its website a public
144 school parental choice controlle d open enrollment plan that
145 which must:
146 (a) Adhere to federal desegregation requirements.
147 (b) Include an application process required to participate
148 in controlled open enrollment that allows parents to declare
149 school preferences, including placement of siblings within the
150 same school.
151 (c) Provide a lottery procedure to determine student
152 assignment and establish an appeals process for hardship cases.
153 (c) (d) Afford parents of students in multiple session
154 schools preferred access to controlled open enrollment.
155 (d) (e) Maintain socioeconomic, demographic, and racial
157 (e) (f) Address the availability of transportation.
158 (f) Maintain existing eligibility criteria for educational
159 choice, pursuant to s. 1002.20(6)(a).
160 (g) Identify schools that have not reached capacity. The
161 term “capacity” means a level of capital outlay FTE enrollment
162 in a school which exceeds 95 percent of the space and occupant
163 design capacity of its nonrelocatable facilities. However, if a
164 school’s initial design incorporated relocatable or modular
165 instructional space, the term means a level of capital outlay
166 FTE enrollment in a school which exceeds 95 percent of the space
167 and occupant design capacity of its core facilities.
168 (h) Provide preferential treatment to all of the following:
169 1. Dependent children of active duty military personnel.
170 2. Siblings who could attend the same school.
171 3. Students residing in the district.
172 4. Children who have been relocated due to a foster care
174 (3) Beginning in the 2017-2018 school year, or earlier if
175 authorized by the district, a parent may choose to enroll his or
176 her child in and transport his or her child to any public school
177 that has not reached capacity, including charter schools, in any
178 school district in this state. The school district shall accept
179 the student and report the student for purposes of the
180 district’s funding pursuant to the Florida Education Finance
182 (4) For a student in grades 9 through 12, interscholastic
183 and intrascholastic extracurricular student activity eligibility
184 may be impacted by choosing to attend a school other than the
185 school assigned by the district.
186 (5) (4) In accordance with the reporting requirements of s.
187 1011.62, each district school board shall annually report the
188 number of students exercising public school choice, by type of
189 educational choice, in accordance with attending the various
190 types of public schools of choice in the district, including
191 schools such as virtual instruction programs, magnet schools,
192 and public charter schools, according to rules adopted by the
193 State Board of Education.
194 (6) (5) For a school or program that is a public school of
195 choice under this section, the calculation for compliance with
196 maximum class size pursuant to s. 1003.03 is the average number
197 of students at the school level.
198 Section 3. Paragraph (a) of subsection (10) of section
199 1002.33, Florida Statutes, is amended to read:
200 1002.33 Charter schools.—
201 (10) ELIGIBLE STUDENTS.—
202 (a) A charter school must shall be open to any student
203 covered in an interdistrict agreement or residing in the school
204 district in which the charter school is located; however, in the
205 case of a charter lab school, the charter lab school must shall
206 be open to any student eligible to attend the lab school as
207 provided in s. 1002.32 or who resides in the school district in
208 which the charter lab school is located. A charter school with
209 space available must be open to any student in the state,
210 pursuant to s. 1002.31. Any eligible student must shall be
211 allowed interdistrict transfer to attend a charter school when
212 based on good cause. Good cause includes shall include, but is
213 not limited to, geographic proximity to a charter school in a
214 neighboring school district.
215 Section 4. Section 1003.3101, Florida Statutes, is created
216 to read:
217 1003.3101 Additional educational choice options.—Each
218 school district board shall establish a transfer process for a
219 parent to request his or her child be transferred to another
220 classroom teacher. A school must approve or deny the transfer
221 within 2 weeks after receiving a request. If a request for
222 transfer is denied, the school must notify the parent and
223 specify the reasons for the denial. An explanation of the
224 transfer process must be made available in the student handbook
225 or a similar publication.
226 Section 5. Subsection (2) of section 1012.42, Florida
227 Statutes, is amended to read:
228 1012.42 Teacher teaching out-of-field.—
229 (2) NOTIFICATION REQUIREMENTS.—When a teacher in a district
230 school system is assigned teaching duties in a class dealing
231 with subject matter that is outside the field in which the
232 teacher is certified, outside the field that was the applicant’s
233 minor field of study, or outside the field in which the
234 applicant has demonstrated sufficient subject area expertise, as
235 determined by district school board policy in the subject area
236 to be taught, the parents of all students in the class shall be
237 notified in writing of such assignment. A parent who receives
238 this notification may, after the October student membership
239 survey, request that his or her child be transferred to another
240 classroom teacher within the school and grade in which the
241 student is currently enrolled. The school district shall grant
242 the parent’s request and transfer the student to a different
243 classroom teacher within a reasonable period of time, not to
244 exceed 2 weeks. This subsection does not provide a parent the
245 right to choose a specific teacher.
246 Section 6. Paragraph (e) of subsection (3) of section
247 1002.38, Florida Statutes, is amended to read:
248 1002.38 Opportunity Scholarship Program.—
249 (3) SCHOOL DISTRICT OBLIGATIONS.—
250 (e) If the parent chooses to request that the student be
251 enrolled in a higher-performing public school in the school
252 district, transportation costs to the higher-performing public
253 school shall be the responsibility of the school district. The
254 district may utilize state categorical transportation funds or
255 state-appropriated public educational school choice incentive
256 funds for this purpose.
257 Section 7. Paragraph (c) of subsection (1) and paragraph
258 (a) of subsection (6) of section 1002.451, Florida Statutes, are
259 amended to read:
260 1002.451 District innovation school of technology program.—
261 (1) DISTRICT INNOVATION SCHOOL OF TECHNOLOGY.—
262 (c) An innovation school of technology must be open to any
263 student covered in an interdistrict agreement or residing in the
264 school district in which the innovation school of technology is
265 located. An innovation school of technology shall enroll an
266 eligible student who submits a timely application if the number
267 of applications does not exceed the capacity of a program,
268 class, grade level, or building. If the number of applications
269 exceeds capacity, all applicants shall have an equal chance of
270 being admitted through a public random selection process.
271 However, a district may give enrollment preference to students
272 who identify the innovation school of technology as the
273 student’s preferred choice pursuant to the district’s public
274 school parental choice controlled open enrollment plan.
275 (6) APPLICATION PROCESS AND PERFORMANCE CONTRACT.—
276 (a) A district school board may apply to the State Board of
277 Education for an innovation school of technology if the
279 1. Has at least 20 percent of its total enrollment in
280 public educational school choice programs or at least 5 percent
281 of its total enrollment in charter schools;
282 2. Has no material weaknesses or instances of material
283 noncompliance noted in the annual financial audit conducted
284 pursuant to s. 218.39; and
285 3. Has received a district grade of “A” or “B” in each of
286 the past 3 years.
287 Section 8. Paragraphs (c), (d), and (e) of subsection (3)
288 of section 1006.15, Florida Statutes, are amended to read:
289 1006.15 Student standards for participation in
290 interscholastic and intrascholastic extracurricular student
291 activities; regulation.—
293 (c) An individual home education student is eligible to
294 participate at the public school to which the student would be
295 assigned according to district school board attendance area
296 policies or which the student could choose to attend pursuant to
297 public school parental choice district or interdistrict
298 c ontrolled open enrollment provisions, or may develop an
299 agreement to participate at a private school, in the
300 interscholastic extracurricular activities of that school,
301 provided the following conditions are met:
302 1. The home education student must meet the requirements of
303 the home education program pursuant to s. 1002.41.
304 2. During the period of participation at a school, the home
305 education student must demonstrate educational progress as
306 required in paragraph (b) in all subjects taken in the home
307 education program by a method of evaluation agreed upon by the
308 parent and the school principal which may include: review of the
309 student’s work by a certified teacher chosen by the parent;
310 grades earned through correspondence; grades earned in courses
311 taken at a Florida College System institution, university, or
312 trade school; standardized test scores above the 35th
313 percentile; or any other method designated in s. 1002.41.
314 3. The home education student must meet the same residency
315 requirements as other students in the school at which he or she
317 4. The home education student must meet the same standards
318 of acceptance, behavior, and performance as required of other
319 students in extracurricular activities.
320 5. The student must register with the school his or her
321 intent to participate in interscholastic extracurricular
322 activities as a representative of the school before the
323 beginning date of the season for the activity in which he or she
324 wishes to participate. A home education student must be able to
325 participate in curricular activities if that is a requirement
326 for an extracurricular activity.
327 6. A student who transfers from a home education program to
328 a public school before or during the first grading period of the
329 school year is academically eligible to participate in
330 interscholastic extracurricular activities during the first
331 grading period provided the student has a successful evaluation
332 from the previous school year, pursuant to subparagraph 2.
333 7. Any public school or private school student who has been
334 unable to maintain academic eligibility for participation in
335 interscholastic extracurricular activities is ineligible to
336 participate in such activities as a home education student until
337 the student has successfully completed one grading period in
338 home education pursuant to subparagraph 2. to become eligible to
339 participate as a home education student.
340 (d) An individual charter school student pursuant to s.
341 1002.33 is eligible to participate at the public school to which
342 the student would be assigned according to district school board
343 attendance area policies or which the student could choose to
344 attend, pursuant to district or interdistrict public school
345 parental choice controlled open-enrollment provisions, in any
346 interscholastic extracurricular activity of that school, unless
347 such activity is provided by the student’s charter school, if
348 the following conditions are met:
349 1. The charter school student must meet the requirements of
350 the charter school education program as determined by the
351 charter school governing board.
352 2. During the period of participation at a school, the
353 charter school student must demonstrate educational progress as
354 required in paragraph (b).
355 3. The charter school student must meet the same residency
356 requirements as other students in the school at which he or she
358 4. The charter school student must meet the same standards
359 of acceptance, behavior, and performance that are required of
360 other students in extracurricular activities.
361 5. The charter school student must register with the school
362 his or her intent to participate in interscholastic
363 extracurricular activities as a representative of the school
364 before the beginning date of the season for the activity in
365 which he or she wishes to participate. A charter school student
366 must be able to participate in curricular activities if that is
367 a requirement for an extracurricular activity.
368 6. A student who transfers from a charter school program to
369 a traditional public school before or during the first grading
370 period of the school year is academically eligible to
371 participate in interscholastic extracurricular activities during
372 the first grading period if the student has a successful
373 evaluation from the previous school year, pursuant to
374 subparagraph 2.
375 7. Any public school or private school student who has been
376 unable to maintain academic eligibility for participation in
377 interscholastic extracurricular activities is ineligible to
378 participate in such activities as a charter school student until
379 the student has successfully completed one grading period in a
380 charter school pursuant to subparagraph 2. to become eligible to
381 participate as a charter school student.
382 (e) A student of the Florida Virtual School full-time
383 program may participate in any interscholastic extracurricular
384 activity at the public school to which the student would be
385 assigned according to district school board attendance area
386 policies or which the student could choose to attend, pursuant
387 to district or interdistrict public school parental choice
388 controlled open enrollment policies, if the student:
389 1. During the period of participation in the
390 interscholastic extracurricular activity, meets the requirements
391 in paragraph (a).
392 2. Meets any additional requirements as determined by the
393 board of trustees of the Florida Virtual School.
394 3. Meets the same residency requirements as other students
395 in the school at which he or she participates.
396 4. Meets the same standards of acceptance, behavior, and
397 performance that are required of other students in
398 extracurricular activities.
399 5. Registers his or her intent to participate in
400 interscholastic extracurricular activities with the school
401 before the beginning date of the season for the activity in
402 which he or she wishes to participate. A Florida Virtual School
403 student must be able to participate in curricular activities if
404 that is a requirement for an extracurricular activity.
405 Section 9. This act shall take effect July 1, 2016.