Florida Senate - 2016 CS for CS for SB 524
By the Committees on Appropriations; and Higher Education; and
Senator Gaetz
576-04240-16 2016524c2
1 A bill to be entitled
2 An act relating to education; amending s. 1001.42,
3 F.S.; revising the duties of a district school board;
4 creating s. 1001.66, F.S.; creating a Florida College
5 System Performance-Based Incentive for Florida College
6 System institutions; requiring the State Board of
7 Education to adopt certain metrics and benchmarks;
8 providing for funding and allocation of the
9 incentives; authorizing the state board to withhold an
10 institution’s incentive under certain circumstances;
11 requiring the Commissioner of Education to withhold
12 certain disbursements under certain circumstances;
13 providing for reporting and rulemaking; creating s.
14 1001.67, F.S.; establishing a collaboration between
15 the state board and the Legislature to designate
16 certain Florida College System institutions as
17 distinguished colleges; specifying standards for the
18 designation; requiring the state board to award the
19 designation to certain Florida College System
20 institutions; providing that the designated
21 institutions are eligible for funding as specified in
22 the General Appropriations Act; amending s. 1001.7065,
23 F.S.; deleting obsolete provisions; revising the
24 academic and research excellence standards for the
25 preeminent state research universities program;
26 requiring the Board of Governors to designate a state
27 university that meets specified requirements as an
28 “emerging preeminent state research university”;
29 requiring an emerging preeminent state research
30 university to submit a certain plan to the board and
31 meet specified expectations to receive certain funds;
32 providing for the distribution of certain funding
33 increases; deleting provisions relating to the
34 preeminent state research university enhancement
35 initiative and special course requirement
36 authorization; amending s. 1001.92, F.S.; requiring
37 performance-based metrics to include specified wage
38 thresholds; requiring the board to establish minimum
39 performance funding eligibility thresholds;
40 prohibiting a state university that fails to meet the
41 state’s threshold from eligibility for a share of the
42 state’s investment performance funding; requiring the
43 board to adopt regulations; deleting an expiration;
44 amending s. 1002.391, F.S.; requiring a school
45 district to add a specified number of points to the
46 calculation of a matrix of services for a student who
47 is deaf and enrolled in an auditory-oral education
48 program; amending s. 1002.53, F.S.; revising
49 eligibility for the Voluntary Prekindergarten
50 Education Program; amending s. 1003.4282, F.S.;
51 revising the online course requirement; authorizing a
52 district school board or a charter school governing
53 board to offer certain additional options to meet the
54 requirement; amending s. 1011.62, F.S.; creating a
55 federally connected student supplement for school
56 districts; specifying eligibility requirements and
57 calculations for allocations of the supplement;
58 creating s. 1011.6202, F.S.; creating the Principal
59 Autonomy Pilot Program Initiative; providing a purpose
60 for the pilot program; providing a procedure for a
61 school district to in the pilot program; providing
62 requirements for participating school districts and
63 schools; exempting participating schools from certain
64 laws and rules; requiring principals of participating
65 schools and specified personnel to complete a
66 nationally recognized school turnaround program;
67 providing for the term of participation in the pilot
68 program; providing for renewal or revocation of
69 authorization to participate in the pilot program;
70 providing for reporting, funding, and eligibility
71 requirements for certain funding and rulemaking;
72 amending s. 1011.69, F.S.; requiring participating
73 district school boards to allocate a specified
74 percentage of certain funds to participating schools;
75 amending s. 1012.28, F.S.; providing additional
76 authority and responsibilities of the principal of a
77 participating school; amending s. 1012.39, F.S.;
78 providing requirements regarding liability insurance
79 for students performing clinical field experience;
80 creating s. 1012.731, F.S.; providing legislative
81 intent; establishing the Florida Best and Brightest
82 Teacher Scholarship Program; providing eligibility
83 criteria; requiring a school district to annually
84 submit the number of eligible teachers to the
85 Department of Education; providing for funding and the
86 disbursement of funds; defining the term “school
87 district”; amending s. 1012.75, F.S.; requiring annual
88 notification of liability insurance to specified
89 personnel; abrogating the scheduled expiration of the
90 educator liability insurance program; amending s.
91 1013.62, F.S.; deleting provisions relating to
92 priorities for charter school capital outlay funding;
93 deleting provisions relating to a charter school’s
94 allocation; providing that a charter school is not
95 eligible for funding unless it meets certain
96 requirements; defining the term “affiliated party of
97 the charter school”; revising the funding allocation
98 calculation; requiring the Department of Education to
99 calculate and periodically recalculate, as necessary,
100 the eligible charter school funding allocations;
101 deleting provisions relating to certain duties of the
102 Commissioner of Education; amending s. 1013.64, F.S.;
103 providing that a school district may not receive funds
104 from the Special Facility Construction Account under
105 certain circumstances; revising the criteria for a
106 request for funding; authorizing the request for a
107 preapplication review to take place at any time;
108 providing exceptions; revising the timeframe for
109 completion of the review; providing that certain
110 capital outlay full-time equivalent student enrollment
111 estimates be determined by specified estimating
112 conferences; requiring surveys to be cooperatively
113 prepared by certain entities and approved by the
114 Department of Education; prohibiting certain
115 consultants from specified employment and
116 compensation; providing an exception to prohibiting
117 the cost per student station from exceeding a certain
118 amount; requiring a school district to levy the
119 maximum millage against certain property value under
120 certain circumstances; reducing the required millage
121 to be budgeted for a project; requiring certain plans
122 to be finalized by a specified date; requiring a
123 representative of the department to chair the Special
124 Facility Construction Committee; requiring school
125 districts to maintain accurate documentation related
126 to specified costs; requiring the Auditor General to
127 review such documentation; providing that the Auditor
128 General makes final determinations on compliance;
129 requiring the Office of Program Policy Analysis and
130 Government Accountability to conduct a study, in
131 consultation with the department, on cost per student
132 station amounts and on the State Requirements for
133 Education Facilities; requiring reports to the
134 Governor and the Legislature by a specified date;
135 prohibiting a district school board from using funds
136 for specified purposes for certain projects; providing
137 sanctions for school districts that exceed certain
138 costs; providing for the creation of a district
139 capital outlay oversight committee; providing for
140 membership of the oversight committee; requiring the
141 department to provide certain reports to the Auditor
142 General; deleting a provision relating to
143 applicability of certain restrictions on the cost per
144 student station of new construction; amending s.
145 1013.74, F.S.; authorizing a university board of
146 trustees to expend reserve or carry-forward balances
147 for certain projects; establishing a competency-based
148 innovation pilot program within the Department of
149 Education; defining the term “competency-based
150 education”; authorizing certain schools to apply to
151 the department for approval of a competency-based
152 innovation pilot program; specifying information to be
153 included in the application; authorizing certain
154 waivers; providing reporting and funding requirements
155 for students participating in the pilot program at
156 participating schools; requiring the department to
157 compile certain information and provide access to
158 statewide, standardized assessments; requiring the
159 department to submit an annual report to the Governor
160 and the Legislature by a specified date; specifying
161 the contents of the annual report; providing for
162 expiration of the pilot program; amending s. 1002.33,
163 F.S.; conforming cross-references; providing an
164 effective date.
165
166 Be It Enacted by the Legislature of the State of Florida:
167
168 Section 1. Present subsection (27) of section 1001.42,
169 Florida Statutes, is redesignated as subsection (28), and a new
170 subsection (27) is added to that section, to read:
171 1001.42 Powers and duties of district school board.—The
172 district school board, acting as a board, shall exercise all
173 powers and perform all duties listed below:
174 (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
175 management and instruction, give suggestions for improvement,
176 and advise citizens with the view of promoting interest in
177 education and improving the school.
178 Section 2. Section 1001.66, Florida Statutes, is created to
179 read:
180 1001.66 Florida College System Performance-Based
181 Incentive.—
182 (1) A Florida College System Performance-Based Incentive
183 shall be awarded to Florida College System institutions using
184 performance-based metrics adopted by the State Board of
185 Education. The performance-based metrics must include retention
186 rates; program completion and graduation rates; postgraduation
187 employment, salaries, and continuing education for workforce
188 education and baccalaureate programs, with wage thresholds that
189 reflect the added value of the certificate or degree; and
190 outcome measures appropriate for associate of arts degree
191 recipients. The state board shall adopt benchmarks to evaluate
192 each institution’s performance on the metrics to measure the
193 institution’s achievement of institutional excellence or need
194 for improvement and minimum requirements for eligibility to
195 receive performance funding.
196 (2) Each fiscal year, the amount of funds available for
197 allocation to the Florida College System institutions based on
198 the performance-based funding model shall consist of the state’s
199 investment in performance funding plus institutional investments
200 consisting of funds to be redistributed from the base funding of
201 the Florida College System Program Fund as determined in the
202 General Appropriations Act. The State Board of Education shall
203 establish minimum performance funding eligibility thresholds for
204 the state’s investment and the institutional investments. An
205 institution that fails to meet the minimum state investment
206 performance funding eligibility threshold is ineligible for a
207 share of the state’s investment in performance funding. The
208 institutional investment shall be restored for all institutions
209 eligible for the state’s investment under the performance-based
210 funding model.
211 (3)(a) Each Florida College System institution’s share of
212 the performance funding shall be calculated based on its
213 relative performance on the established metrics in conjunction
214 with the institutional size and scope.
215 (b) A Florida College System institution that fails to meet
216 the State Board of Education’s minimum institutional investment
217 performance funding eligibility threshold shall have a portion
218 of its institutional investment withheld by the state board and
219 must submit an improvement plan to the state board which
220 specifies the activities and strategies for improving the
221 institution’s performance. The state board must review and
222 approve the improvement plan and, if the plan is approved, must
223 monitor the institution’s progress in implementing the
224 activities and strategies specified in the improvement plan. The
225 institution shall submit monitoring reports to the state board
226 by December 31 and May 31 of each year in which an improvement
227 plan is in place. The ability of an institution to submit an
228 improvement plan to the state board is limited to 1 fiscal year.
229 (c) The Commissioner of Education shall withhold
230 disbursement of the institutional investment until the
231 monitoring report is approved by the State Board of Education. A
232 Florida College System institution determined by the state board
233 to be making satisfactory progress on implementing the
234 improvement plan shall receive no more than one-half of the
235 withheld institutional investment in January and the balance of
236 the withheld institutional investment in June. An institution
237 that fails to make satisfactory progress may not have its full
238 institutional investment restored. Any institutional investment
239 funds that are not restored shall be redistributed in accordance
240 with the state board’s performance-based metrics.
241 (4) Distributions of performance funding, as provided in
242 this section, shall be made to each of the Florida College
243 System institutions listed in the Florida Colleges category in
244 the General Appropriations Act.
245 (5) By October 1 of each year, the State Board of Education
246 shall submit to the Governor, the President of the Senate, and
247 the Speaker of the House of Representatives a report on the
248 previous fiscal year’s performance funding allocation, which
249 must reflect the rankings and award distributions.
250 (6) The State Board of Education shall adopt rules to
251 administer this section.
252 Section 3. Section 1001.67, Florida Statutes, is created to
253 read:
254 1001.67 Distinguished Florida College System Program.—A
255 collaborative partnership is established between the State Board
256 of Education and the Legislature to recognize the excellence of
257 Florida’s highest-performing Florida College system
258 institutions.
259 (1) EXCELLENCE STANDARDS.—The following excellence
260 standards are established for the program:
261 (a) A 150 percent-of-normal-time completion rate of 50
262 percent or higher, as calculated by the Division of Florida
263 Colleges.
264 (b) A 150 percent-of-normal-time completion rate for Pell
265 Grant recipients of 40 percent or higher, as calculated by the
266 Division of Florida Colleges.
267 (c) A retention rate of 70 percent or higher, as calculated
268 by the Division of Florida Colleges.
269 (d) A continuing education, or transfer, rate of 72 percent
270 or higher for students graduating with an associate of arts
271 degree, as reported by the Florida Education and Training
272 Placement Information Program (FETPIP).
273 (e) A licensure passage rate on the National Council
274 Licensure Examination for Registered Nurses (NCLEX-RN) of 90
275 percent or higher for first-time exam takers, as reported by the
276 Board of Nursing.
277 (f) A job placement or continuing education rate of 88
278 percent or higher for workforce programs, as reported by FETPIP.
279 (g) A time-to-degree for students graduating with an
280 associate of arts degree of 2.25 years or less for first-time
281 in-college students with accelerated college credits, as
282 reported by the Southern Regional Education Board.
283 (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
284 Education shall designate each Florida College System
285 institution that meets five of the seven standards identified in
286 subsection (1) as a distinguished college.
287 (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
288 institution designated as a distinguished college by the State
289 Board of Education is eligible for funding as specified in the
290 General Appropriations Act.
291 Section 4. Subsection (1) of section 1001.7065, Florida
292 Statutes, is reenacted, and subsections (2), (3), and (5)
293 through (9) of that section are amended, to read:
294 1001.7065 Preeminent state research universities program.—
295 (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
296 COLLABORATION.—A collaborative partnership is established
297 between the Board of Governors and the Legislature to elevate
298 the academic and research preeminence of Florida’s highest
299 performing state research universities in accordance with this
300 section. The partnership stems from the State University System
301 Governance Agreement executed on March 24, 2010, wherein the
302 Board of Governors and leaders of the Legislature agreed to a
303 framework for the collaborative exercise of their joint
304 authority and shared responsibility for the State University
305 System. The governance agreement confirmed the commitment of the
306 Board of Governors and the Legislature to continue collaboration
307 on accountability measures, the use of data, and recommendations
308 derived from such data.
309 (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
310 July 1, 2013, The following academic and research excellence
311 standards are established for the preeminent state research
312 universities program:
313 (a) An average weighted grade point average of 4.0 or
314 higher on a 4.0 scale and an average SAT score of 1800 or higher
315 on a 2400-point scale or 1200 or higher on a 1600-point scale
316 for fall semester incoming freshmen, as reported annually.
317 (b) A top-50 ranking on at least two well-known and highly
318 respected national public university rankings, including, but
319 not limited to, the U.S. News and World Report rankings,
320 reflecting national preeminence, using most recent rankings.
321 (c) A freshman retention rate of 90 percent or higher for
322 full-time, first-time-in-college students, as reported annually
323 to the Integrated Postsecondary Education Data System (IPEDS).
324 (d) A 6-year graduation rate of 70 percent or higher for
325 full-time, first-time-in-college students, as reported annually
326 to the IPEDS.
327 (e) Six or more faculty members at the state university who
328 are members of a national academy, as reported by the Center for
329 Measuring University Performance in the Top American Research
330 Universities (TARU) annual report or the official membership
331 directories maintained by each national academy.
332 (f) Total annual research expenditures, including federal
333 research expenditures, of $200 million or more, as reported
334 annually by the National Science Foundation (NSF).
335 (g) Total annual research expenditures in diversified
336 nonmedical sciences of $150 million or more, based on data
337 reported annually by the NSF.
338 (h) A top-100 university national ranking for research
339 expenditures in five or more science, technology, engineering,
340 or mathematics fields of study, as reported annually by the NSF.
341 (i) One hundred or more total patents awarded by the United
342 States Patent and Trademark Office for the most recent 3-year
343 period.
344 (j) Four hundred or more doctoral degrees awarded annually,
345 including professional doctoral degrees awarded in medical and
346 health care disciplines, as reported in the Board of Governors
347 Annual Accountability Report.
348 (k) Two hundred or more postdoctoral appointees annually,
349 as reported in the TARU annual report.
350 (l) An endowment of $500 million or more, as reported in
351 the Board of Governors Annual Accountability Report.
352 (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—
353 (a) The Board of Governors shall designate each state
354 research university that annually meets at least 11 of the 12
355 academic and research excellence standards identified in
356 subsection (2) as a “preeminent state research university.”
357 preeminent state research university.
358 (b) The Board of Governors shall designate each state
359 university that annually meets at least 6 of the 12 academic and
360 research excellence standards identified in subsection (2) as an
361 “emerging preeminent state research university.”
362 (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
363 UNIVERSITY SUPPORT.—
364 (a) A state research university that is designated as a
365 preeminent state research university, as of July 1, 2013, meets
366 all 12 of the academic and research excellence standards
367 identified in subsection (2), as verified by the Board of
368 Governors, shall submit to the Board of Governors a 5-year
369 benchmark plan with target rankings on key performance metrics
370 for national excellence. Upon approval by the Board of
371 Governors, and upon the university’s meeting the benchmark plan
372 goals annually, the Board of Governors shall award the
373 university its proportionate share of any funds provided
374 annually to support the program created under this section an
375 amount specified in the General Appropriations Act to be
376 provided annually throughout the 5-year period. Funding for this
377 purpose is contingent upon specific appropriation in the General
378 Appropriations Act.
379 (b) A state university designated as an emerging preeminent
380 state research university shall submit to the Board of Governors
381 a 5-year benchmark plan with target rankings on key performance
382 metrics for national excellence. Upon approval by the Board of
383 Governors, and upon the university’s meeting the benchmark plan
384 goals annually, the Board of Governors shall award the
385 university its proportionate share of any funds provided
386 annually to support the program created under this section.
387 (c) The award of funds under this subsection is contingent
388 upon funding provided in the General Appropriations Act to
389 support the preeminent state research universities program
390 created under this section. Funding increases appropriated
391 beyond the amounts funded in the previous fiscal year shall be
392 distributed as follows:
393 1. Each designated preeminent state research university
394 that meets the criteria in paragraph (a) shall receive an equal
395 amount of funding.
396 2. Each designated emerging preeminent state research
397 university that meets the criteria in paragraph (b) shall
398 receive an amount of funding that is equal to one-half of the
399 total increased amount awarded to each designated preeminent
400 state research university.
401 (6) PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
402 INITIATIVE.—A state research university that, as of July 1,
403 2013, meets 11 of the 12 academic and research excellence
404 standards identified in subsection (2), as verified by the Board
405 of Governors, shall submit to the Board of Governors a 5-year
406 benchmark plan with target rankings on key performance metrics
407 for national excellence. Upon the university’s meeting the
408 benchmark plan goals annually, the Board of Governors shall
409 award the university an amount specified in the General
410 Appropriations Act to be provided annually throughout the 5-year
411 period for the purpose of recruiting National Academy Members,
412 expediting the provision of a master’s degree in cloud
413 virtualization, and instituting an entrepreneurs-in-residence
414 program throughout its campus. Funding for this purpose is
415 contingent upon specific appropriation in the General
416 Appropriations Act.
417 (7) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
418 REQUIREMENT AUTHORITY.—In order to provide a jointly shared
419 educational experience, a university that is designated a
420 preeminent state research university may require its incoming
421 first-time-in-college students to take a 9-to-12-credit set of
422 unique courses specifically determined by the university and
423 published on the university’s website. The university may
424 stipulate that credit for such courses may not be earned through
425 any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
426 or any other transfer credit. All accelerated credits earned up
427 to the limits specified in ss. 1007.27 and 1007.271 shall be
428 applied toward graduation at the student’s request.
429 (6)(8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
430 AUTHORITY.—The Board of Governors is encouraged to identify and
431 grant all reasonable, feasible authority and flexibility to
432 ensure that a designated preeminent state research university is
433 free from unnecessary restrictions.
434 (7)(9) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
435 UNIVERSITY SYSTEM.—The Board of Governors is encouraged to
436 establish standards and measures whereby individual programs in
437 state universities that objectively reflect national excellence
438 can be identified and make recommendations to the Legislature as
439 to how any such programs could be enhanced and promoted.
440 Section 5. Section 1001.92, Florida Statutes, is amended to
441 read:
442 1001.92 State University System Performance-Based
443 Incentive.—
444 (1) A State University System Performance-Based Incentive
445 shall be awarded to state universities using performance-based
446 metrics adopted by the Board of Governors of the State
447 University System. The performance-based metrics must include
448 graduation rates;, retention rates;, postgraduation education
449 rates;, degree production;, affordability;, postgraduation
450 employment and salaries, including wage thresholds that reflect
451 the added value of a baccalaureate degree; access;, and other
452 metrics approved by the board in a formally noticed meeting. The
453 board shall adopt benchmarks to evaluate each state university’s
454 performance on the metrics to measure the state university’s
455 achievement of institutional excellence or need for improvement
456 and minimum requirements for eligibility to receive performance
457 funding.
458 (2) Each fiscal year, the amount of funds available for
459 allocation to the state universities based on the performance
460 based funding model metrics shall consist of the state’s
461 investment in appropriation for performance funding, including
462 increases in base funding plus institutional investments
463 consisting of funds deducted from the base funding of each state
464 university in the State University System, in an amount provided
465 in the General Appropriations Act. The Board of Governors shall
466 establish minimum performance funding eligibility thresholds for
467 the state’s investment and the institutional investments. A
468 state university that fails to meet the minimum state investment
469 performance funding eligibility threshold is ineligible for a
470 share of the state’s investment in performance funding. The
471 institutional investment shall be restored for each institution
472 eligible for the state’s investment under the performance-based
473 funding model metrics.
474 (3)(a) A state university that fails to meet the Board of
475 Governors’ minimum institutional investment performance funding
476 eligibility threshold shall have a portion of its institutional
477 investment withheld by the board and must submit an improvement
478 plan to the board that specifies the activities and strategies
479 for improving the state university’s performance. The board must
480 review and approve the improvement plan and, if the plan is
481 approved, must monitor the state university’s progress in
482 implementing the activities and strategies specified in the
483 improvement plan. The state university shall submit monitoring
484 reports to the board by December 31 and May 31 of each year in
485 which an improvement plan is in place. The ability of a state
486 university to submit an improvement plan to the board is limited
487 to 1 fiscal year.
488 (b) The Chancellor of the State University System shall
489 withhold disbursement of the institutional investment until the
490 monitoring report is approved by the Board of Governors. A state
491 university that is determined by the board to be making
492 satisfactory progress on implementing the improvement plan shall
493 receive no more than one-half of the withheld institutional
494 investment in January and the balance of the withheld
495 institutional investment in June. A state university that fails
496 to make satisfactory progress may not have its full
497 institutional investment restored. Any institutional investment
498 funds that are not restored shall be redistributed in accordance
499 with the board’s performance-based metrics.
500 (4) Distributions of performance funding, as provided in
501 this section, shall be made to each of the state universities
502 listed in the Education and General Activities category in the
503 General Appropriations Act.
504 (5) By October 1 of each year, the Board of Governors shall
505 submit to the Governor, the President of the Senate, and the
506 Speaker of the House of Representatives a report on the previous
507 fiscal year’s performance funding allocation which must reflect
508 the rankings and award distributions.
509 (6) The Board of Governors shall adopt regulations to
510 administer this section expires July 1, 2016.
511 Section 6. Subsection (4) is added to section 1002.391,
512 Florida Statutes, to read:
513 1002.391 Auditory-oral education programs.—
514 (4) Beginning with the 2017-2018 school year, a school
515 district shall add four special consideration points to the
516 calculation of a matrix of services for a student who is deaf
517 and enrolled in an auditory-oral education program.
518 Section 7. Subsections (1) and (2) of section 1002.53,
519 Florida Statutes, are amended to read:
520 1002.53 Voluntary Prekindergarten Education Program;
521 eligibility and enrollment.—
522 (1) The Voluntary Prekindergarten Education Program is
523 created and shall be organized, designed, and delivered in
524 accordance with s. 1(b) and (c), Art. IX of the State
525 Constitution.
526 (2) Each child who resides in this state who will have
527 attained the age of 4 years on or before September 1 of the
528 school year is eligible for the Voluntary Prekindergarten
529 Education Program during either that school year or the
530 following school year. The child remains eligible until the
531 beginning of the school year for which the child is eligible for
532 admission to kindergarten in a public school under s.
533 1003.21(1)(a)2. or until the child is admitted to kindergarten,
534 or unless he or she will have attained the age of 6 years by
535 February 1 of any school year under s. 1003.21(1)(a)1 whichever
536 occurs first.
537 Section 8. Subsection (4) of section 1003.4282, Florida
538 Statutes, is amended to read:
539 1003.4282 Requirements for a standard high school diploma.—
540 (4) ONLINE COURSE REQUIREMENT.—At least one course within
541 the 24 credits required under this section must be completed
542 through online learning. A school district may not require a
543 student to take the online course outside the school day or in
544 addition to a student’s courses for a given semester.
545 (a) An online course taken in grade 6, grade 7, or grade 8
546 fulfills the this requirement in this subsection. The This
547 requirement is met through an online course offered by the
548 Florida Virtual School, a virtual education provider approved by
549 the State Board of Education, a high school, or an online dual
550 enrollment course. A student who is enrolled in a full-time or
551 part-time virtual instruction program under s. 1002.45 meets the
552 this requirement.
553 (b) A district school board or a charter school governing
554 board, as applicable, may offer students the following options
555 to satisfy the online course requirement in this subsection:
556 1. Completion of a course in which a student earns a
557 nationally recognized industry certification in information
558 technology that is identified on the CAPE Industry Certification
559 Funding List pursuant to s. 1008.44 or passage of the
560 information technology certification examination without
561 enrollment in or completion of the corresponding course or
562 courses, as applicable.
563 2. Passage of an online content assessment, without
564 enrollment in or completion of the corresponding course or
565 courses, as applicable, by which the student demonstrates skills
566 and competency in locating information and applying technology
567 for instructional purposes.
568
569 For purposes of this subsection, a school district may not
570 require a student to take the online course outside the school
571 day or in addition to a student’s courses for a given semester.
572 This subsection requirement does not apply to a student who has
573 an individual education plan under s. 1003.57 which indicates
574 that an online course would be inappropriate or to an out-of
575 state transfer student who is enrolled in a Florida high school
576 and has 1 academic year or less remaining in high school.
577 Section 9. Effective July 1, 2016, and upon the expiration
578 of the amendment to section 1011.62, Florida Statutes, made by
579 chapter 2015-222, Laws of Florida, paragraph (a) of subsection
580 (4) of that section is amended, present subsections (13), (14),
581 and (15) of that section are redesignated as subsections (14),
582 (15), and (16), respectively, a new subsection (13) is added to
583 that section, and present subsection (14) of that section is
584 amended, to read:
585 1011.62 Funds for operation of schools.—If the annual
586 allocation from the Florida Education Finance Program to each
587 district for operation of schools is not determined in the
588 annual appropriations act or the substantive bill implementing
589 the annual appropriations act, it shall be determined as
590 follows:
591 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
592 Legislature shall prescribe the aggregate required local effort
593 for all school districts collectively as an item in the General
594 Appropriations Act for each fiscal year. The amount that each
595 district shall provide annually toward the cost of the Florida
596 Education Finance Program for kindergarten through grade 12
597 programs shall be calculated as follows:
598 (a) Estimated taxable value calculations.—
599 1.a. Not later than 2 working days before prior to July 19,
600 the Department of Revenue shall certify to the Commissioner of
601 Education its most recent estimate of the taxable value for
602 school purposes in each school district and the total for all
603 school districts in the state for the current calendar year
604 based on the latest available data obtained from the local
605 property appraisers. The value certified shall be the taxable
606 value for school purposes for that year, and no further
607 adjustments shall be made, except those made pursuant to
608 paragraphs (c) and (d), or an assessment roll change required by
609 final judicial decisions as specified in paragraph (15)(b)
610 (14)(b). Not later than July 19, the Commissioner of Education
611 shall compute a millage rate, rounded to the next highest one
612 one-thousandth of a mill, which, when applied to 96 percent of
613 the estimated state total taxable value for school purposes,
614 would generate the prescribed aggregate required local effort
615 for that year for all districts. The Commissioner of Education
616 shall certify to each district school board the millage rate,
617 computed as prescribed in this subparagraph, as the minimum
618 millage rate necessary to provide the district required local
619 effort for that year.
620 b. The General Appropriations Act shall direct the
621 computation of the statewide adjusted aggregate amount for
622 required local effort for all school districts collectively from
623 ad valorem taxes to ensure that no school district’s revenue
624 from required local effort millage will produce more than 90
625 percent of the district’s total Florida Education Finance
626 Program calculation as calculated and adopted by the
627 Legislature, and the adjustment of the required local effort
628 millage rate of each district that produces more than 90 percent
629 of its total Florida Education Finance Program entitlement to a
630 level that will produce only 90 percent of its total Florida
631 Education Finance Program entitlement in the July calculation.
632 2. On the same date as the certification in sub
633 subparagraph 1.a., the Department of Revenue shall certify to
634 the Commissioner of Education for each district:
635 a. Each year for which the property appraiser has certified
636 the taxable value pursuant to s. 193.122(2) or (3), if
637 applicable, since the prior certification under sub-subparagraph
638 1.a.
639 b. For each year identified in sub-subparagraph a., the
640 taxable value certified by the appraiser pursuant to s.
641 193.122(2) or (3), if applicable, since the prior certification
642 under sub-subparagraph 1.a. This is the certification that
643 reflects all final administrative actions of the value
644 adjustment board.
645 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
646 connected student supplement is created to provide supplemental
647 funding for school districts to support the education of
648 students connected with federally owned military installations,
649 National Aeronautics and Space Administration (NASA) real
650 property, and Indian lands. To be eligible for this supplement,
651 the district must be eligible for federal Impact Aid Program
652 funds under s. 8003 of Title VIII of the Elementary and
653 Secondary Education Act of 1965. The supplement shall be
654 allocated annually to each eligible school district in the
655 amount provided in the General Appropriations Act. The
656 supplement shall be the sum of the student allocation and an
657 exempt property allocation.
658 (a) The student allocation shall be calculated based on the
659 number of students reported for federal Impact Aid Program
660 funds, including students with disabilities, who meet one of the
661 following criteria:
662 1. The student has a parent who is on active duty in the
663 uniformed services or is an accredited foreign government
664 official and military officer. Students with disabilities shall
665 also be reported separately for this category.
666 2. The student resides on eligible federally owned Indian
667 land. Students with disabilities shall also be reported
668 separately for this category.
669 3. The student resides with a civilian parent who lives or
670 works on eligible federal property connected with a military
671 installation or NASA. The number of these students shall be
672 multiplied by a factor of 0.5.
673 (b) The total number of federally connected students
674 calculated under paragraph (a) shall be multiplied by a
675 percentage of the base student allocation as provided in the
676 General Appropriations Act. The total of the number of students
677 with disabilities as reported separately under subparagraphs
678 (a)1. and (a)2. shall be multiplied by an additional percentage
679 of the base student allocation as provided in the General
680 Appropriations Act. The base amount and the amount for students
681 with disabilities shall be summed to provide the student
682 allocation.
683 (c) The exempt property allocation shall be equal to the
684 tax-exempt value of federal impact aid lands reserved as
685 military installations, real property owned by NASA, or eligible
686 federally owned Indian lands located in the district, as of
687 January 1 of the previous year, multiplied by the millage
688 authorized and levied under s. 1011.71(2).
689 (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
690 annually in the General Appropriations Act determine a
691 percentage increase in funds per K-12 unweighted FTE as a
692 minimum guarantee to each school district. The guarantee shall
693 be calculated from prior year base funding per unweighted FTE
694 student which shall include the adjusted FTE dollars as provided
695 in subsection (15) (14), quality guarantee funds, and actual
696 nonvoted discretionary local effort from taxes. From the base
697 funding per unweighted FTE, the increase shall be calculated for
698 the current year. The current year funds from which the
699 guarantee shall be determined shall include the adjusted FTE
700 dollars as provided in subsection (15) (14) and potential
701 nonvoted discretionary local effort from taxes. A comparison of
702 current year funds per unweighted FTE to prior year funds per
703 unweighted FTE shall be computed. For those school districts
704 which have less than the legislatively assigned percentage
705 increase, funds shall be provided to guarantee the assigned
706 percentage increase in funds per unweighted FTE student. Should
707 appropriated funds be less than the sum of this calculated
708 amount for all districts, the commissioner shall prorate each
709 district’s allocation. This provision shall be implemented to
710 the extent specifically funded.
711 Section 10. Section 1011.6202, Florida Statutes, is created
712 to read:
713 1011.6202 Principal Autonomy Pilot Program Initiative.—The
714 Principal Autonomy Pilot Program Initiative is created within
715 the Department of Education. The purpose of the pilot program is
716 to provide the highly effective principal of a participating
717 school with increased autonomy and authority to operate his or
718 her school in a way that produces significant improvements in
719 student achievement and school management while complying with
720 constitutional requirements. The State Board of Education may,
721 upon approval of a principal autonomy proposal, enter into a
722 performance contract with up to seven district school boards for
723 participation in the pilot program.
724 (1) PARTICIPATING SCHOOL DISTRICTS.—The district school
725 boards in Broward, Duval, Escambia, Jefferson, Madison, Palm
726 Beach, Pinellas, and Seminole Counties may submit to the state
727 board for approval a principal autonomy proposal that exchanges
728 statutory and rule exemptions for an agreement to meet
729 performance goals established in the proposal. If approved by
730 the state board, each of these school districts shall be
731 eligible to participate in the pilot program for 3 years. At the
732 end of the 3 years, the performance of all participating schools
733 in the school district shall be evaluated.
734 (2) PRINCIPAL AUTONOMY PROPOSAL.—
735 (a) To participate in the pilot program, a school district
736 must:
737 1. Identify three schools that received at least two school
738 grades of “D” or “F” pursuant to s. 1008.34 during the previous
739 3 school years.
740 2. Identify three principals who have earned a highly
741 effective rating on the prior year’s performance evaluation
742 pursuant to s. 1012.34, one of whom shall be assigned to each of
743 the participating schools.
744 3. Describe the current financial and administrative
745 management of each participating school; identify the areas in
746 which each school principal will have increased fiscal and
747 administrative autonomy, including the authority and
748 responsibilities provided in s. 1012.28(8); and identify the
749 areas in which each participating school will continue to follow
750 district school board fiscal and administrative policies.
751 4. Explain the methods used to identify the educational
752 strengths and needs of the participating school’s students and
753 identify how student achievement can be improved.
754 5. Establish performance goals for student achievement, as
755 defined in s. 1008.34(1), and explain how the increased autonomy
756 of principals will help participating schools improve student
757 achievement and school management.
758 6. Provide each participating school’s mission and a
759 description of its student population.
760 (b) The state board shall establish criteria, which must
761 include the criteria listed in paragraph (a), for the approval
762 of a principal autonomy proposal.
763 (c) A district school board must submit its principal
764 autonomy proposal to the state board for approval by December 1
765 in order to begin participation in the subsequent school year.
766 By February 28 of the school year in which the proposal is
767 submitted, the state board shall notify the district school
768 board in writing whether the proposal is approved.
769 (3) EXEMPTION FROM LAWS.—
770 (a) With the exception of those laws listed in paragraph
771 (b), a participating school is exempt from the provisions of
772 chapters 1000-1013 and rules of the state board that implement
773 those exempt provisions.
774 (b) A participating school shall comply with the provisions
775 of chapters 1000-1013, and rules of the state board that
776 implement those provisions, pertaining to the following:
777 1. Those laws relating to the election and compensation of
778 district school board members, the election or appointment and
779 compensation of district school superintendents, public meetings
780 and public records requirements, financial disclosure, and
781 conflicts of interest.
782 2. Those laws relating to the student assessment program
783 and school grading system, including chapter 1008.
784 3. Those laws relating to the provision of services to
785 students with disabilities.
786 4. Those laws relating to civil rights, including s.
787 1000.05, relating to discrimination.
788 5. Those laws relating to student health, safety, and
789 welfare.
790 6. Section 1001.42(4)(f), relating to the uniform opening
791 date for public schools.
792 7. Section 1003.03, governing maximum class size, except
793 that the calculation for compliance pursuant to s. 1003.03 is
794 the average at the school level for a participating school.
795 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
796 compensation and salary schedules.
797 9. Section 1012.33(5), relating to workforce reductions for
798 annual contracts for instructional personnel. This subparagraph
799 does not apply to at-will employees.
800 10. Section 1012.335, relating to annual contracts for
801 instructional personnel hired on or after July 1, 2011. This
802 subparagraph does not apply to at-will employees.
803 11. Section 1012.34, relating to personnel evaluation
804 procedures and criteria.
805 12. Those laws pertaining to educational facilities,
806 including chapter 1013, except that s. 1013.20, relating to
807 covered walkways for relocatables, and s. 1013.21, relating to
808 the use of relocatable facilities exceeding 20 years of age, are
809 eligible for exemption.
810 13. Those laws pertaining to participating school
811 districts, including this section and ss. 1011.69(2) and
812 1012.28(8).
813 (4) PROFESSIONAL DEVELOPMENT.—Each participating school
814 district shall require that the principal of each participating
815 school, a three-member leadership team from each participating
816 school, and district personnel working with each participating
817 school complete a nationally recognized school turnaround
818 program which focuses on improving leadership, instructional
819 infrastructure, talent management, and differentiated support
820 and accountability. The required personnel must enroll in the
821 school turnaround program upon acceptance into the pilot
822 program.
823 (5) TERM OF PARTICIPATION.—The state board shall authorize
824 a school district to participate in the pilot program for a
825 period of 3 years commencing with approval of the principal
826 autonomy proposal. Authorization to participate in the pilot
827 program may be renewed upon action of the state board. The state
828 board may revoke authorization to participate in the pilot
829 program if the school district fails to meet the requirements of
830 this section during the 3-year period.
831 (6) REPORTING.—Each participating school district shall
832 submit an annual report to the state board. The state board
833 shall annually report on the implementation of the Principal
834 Autonomy Pilot Program Initiative. Upon completion of the pilot
835 program’s first 3-year term, the Commissioner of Education shall
836 submit to the President of the Senate and the Speaker of the
837 House of Representatives by December 1 a full evaluation of the
838 effectiveness of the pilot program.
839 (7) FUNDING.—The Legislature may appropriate funding to the
840 department in the General Appropriations Act for the costs of
841 the pilot program, including administrative costs and enrollment
842 costs for the school turnaround program, and an additional
843 scholarship to each participating principal to be used at his or
844 her school.
845 (8) RULEMAKING.—The State Board of Education shall adopt
846 rules to administer this section.
847 Section 11. Subsection (2) of section 1011.69, Florida
848 Statutes, is amended to read:
849 1011.69 Equity in School-Level Funding Act.—
850 (2) Beginning in the 2003-2004 fiscal year, district school
851 boards shall allocate to schools within the district an average
852 of 90 percent of the funds generated by all schools and
853 guarantee that each school receives at least 80 percent, except
854 schools participating in the Principal Autonomy Pilot Program
855 Initiative under s. 1011.6202 are guaranteed to receive at least
856 90 percent, of the funds generated by that school based upon the
857 Florida Education Finance Program as provided in s. 1011.62 and
858 the General Appropriations Act, including gross state and local
859 funds, discretionary lottery funds, and funds from the school
860 district’s current operating discretionary millage levy. Total
861 funding for each school shall be recalculated during the year to
862 reflect the revised calculations under the Florida Education
863 Finance Program by the state and the actual weighted full-time
864 equivalent students reported by the school during the full-time
865 equivalent student survey periods designated by the Commissioner
866 of Education. If the district school board is providing programs
867 or services to students funded by federal funds, any eligible
868 students enrolled in the schools in the district shall be
869 provided federal funds.
870 Section 12. Subsection (8) is added to section 1012.28,
871 Florida Statutes, to read:
872 1012.28 Public school personnel; duties of school
873 principals.—
874 (8) The principal of a school participating in the
875 Principal Autonomy Pilot Program Initiative under s. 1011.6202
876 has the following additional authority and responsibilities:
877 (a) In addition to the authority provided in subsection
878 (6), the authority to select qualified instructional personnel
879 for placement or to refuse to accept the placement or transfer
880 of instructional personnel by the district school
881 superintendent. Placement of instructional personnel at a
882 participating school in a participating school district does not
883 affect the employee’s status as a school district employee.
884 (b) The authority to deploy financial resources to school
885 programs at the principal’s discretion to help improve student
886 achievement, as defined in s. 1008.34(1), and meet performance
887 goals identified in the principal autonomy proposal submitted
888 pursuant to s. 1011.6202.
889 (c) To annually provide to the district school
890 superintendent and the district school board a budget for the
891 operation of the participating school that identifies how funds
892 provided pursuant to s. 1011.69(2) are allocated. The school
893 district shall include the budget in the annual report provided
894 to the State Board of Education pursuant to s. 1011.6202(6).
895 Section 13. Subsection (3) of section 1012.39, Florida
896 Statutes, is amended to read:
897 1012.39 Employment of substitute teachers, teachers of
898 adult education, nondegreed teachers of career education, and
899 career specialists; students performing clinical field
900 experience.—
901 (3) A student who is enrolled in a state-approved teacher
902 preparation program in a postsecondary educational institution
903 that is approved by rules of the State Board of Education and
904 who is jointly assigned by the postsecondary educational
905 institution and a district school board to perform a clinical
906 field experience under the direction of a regularly employed and
907 certified educator shall, while serving such supervised clinical
908 field experience, be accorded the same protection of law as that
909 accorded to the certified educator except for the right to
910 bargain collectively as an employee of the district school
911 board. The district school board providing the clinical field
912 experience shall notify the student electronically or in writing
913 of the availability of educator liability insurance under s.
914 1012.75. A postsecondary educational institution or district
915 school board may not require a student enrolled in a state
916 approved teacher preparation program to purchase liability
917 insurance as a condition of participation in any clinical field
918 experience or related activity on the premises of an elementary
919 or a secondary school.
920 Section 14. Section 1012.731, Florida Statutes, is created
921 to read:
922 1012.731 The Florida Best and Brightest Teacher Scholarship
923 Program.—
924 (1) The Legislature recognizes that, second only to
925 parents, teachers play the most critical role within schools in
926 preparing students to achieve a high level of academic
927 performance. The Legislature further recognizes that research
928 has linked student outcomes to a teacher’s own academic
929 achievement. Therefore, it is the intent of the Legislature to
930 designate teachers who have achieved high academic standards
931 during their own education as Florida’s best and brightest
932 teacher scholars.
933 (2) There is created the Florida Best and Brightest Teacher
934 Scholarship Program to be administered by the Department of
935 Education. The scholarship program shall provide categorical
936 funding for scholarships to be awarded to classroom teachers, as
937 defined in s. 1012.01(2)(a), who have demonstrated a high level
938 of academic achievement.
939 (3)(a) To be eligible for a scholarship, a classroom
940 teacher must have achieved a composite score at or above the
941 80th percentile on either the SAT or the ACT based on the
942 National Percentile Ranks in effect when the classroom teacher
943 took the assessment and have been evaluated as highly effective
944 pursuant to s. 1012.34 in the school year immediately preceding
945 the year in which the scholarship will be awarded, unless the
946 classroom teacher is newly hired by the district school board
947 and has not been evaluated pursuant to s. 1012.34.
948 (b) In order to demonstrate eligibility for an award, an
949 eligible classroom teacher must submit to the school district,
950 no later than November 1, an official record of his or her SAT
951 or ACT score demonstrating that the classroom teacher scored at
952 or above the 80th percentile based on the National Percentile
953 Ranks in effect when the teacher took the assessment. Once a
954 classroom teacher is deemed eligible by the school district,
955 including teachers deemed eligible in the 2015-2016 fiscal year,
956 the teacher shall remain eligible as long as he or she remains
957 employed by the school district as a classroom teacher at the
958 time of the award and receives an annual performance evaluation
959 rating of highly effective pursuant to s. 1012.34.
960 (4) Annually, by December 1, each school district shall
961 submit to the department the number of eligible classroom
962 teachers who qualify for the scholarship.
963 (5) Annually, by February 1, the department shall disburse
964 scholarship funds to each school district for each eligible
965 classroom teacher to receive a scholarship as provided in the
966 General Appropriations Act. The amount disbursed shall include a
967 scholarship award of $1,000, from the total amount of funds
968 appropriated, for each eligible classroom teacher in a Title I
969 school. Of the remaining funds, a scholarship in the amount
970 provided in the General Appropriations Act shall be awarded to
971 every eligible classroom teacher, including those in Title I
972 schools. If the number of eligible classroom teachers exceeds
973 the total appropriation authorized in the General Appropriations
974 Act, the department shall prorate the per-teacher scholarship
975 amount.
976 (6) Annually, by April 1, each school district shall award
977 the scholarship to each eligible classroom teacher.
978 (7) For purposes of this section, the term “school
979 district” includes the Florida School for the Deaf and the Blind
980 and charter school governing boards.
981 Section 15. Subsection (3) of section 1012.75, Florida
982 Statutes, is amended to read:
983 1012.75 Liability of teacher or principal; excessive
984 force.—
985 (3) The Department of Education shall administer an
986 educator liability insurance program, as provided in the General
987 Appropriations Act, to protect full-time instructional personnel
988 from liability for monetary damages and the costs of defending
989 actions resulting from claims made against the instructional
990 personnel arising out of occurrences in the course of activities
991 within the instructional personnel’s professional capacity. For
992 purposes of this subsection, the terms “full-time,” “part-time,”
993 and “administrative personnel” shall be defined by the
994 individual district school board. For purposes of this
995 subsection, the term “instructional personnel” has the same
996 meaning as provided in s. 1012.01(2).
997 (a) Liability coverage of at least $2 million shall be
998 provided to all full-time instructional personnel. Liability
999 coverage may be provided to the following individuals who choose
1000 to participate in the program, at cost: part-time instructional
1001 personnel, administrative personnel, and students enrolled in a
1002 state-approved teacher preparation program pursuant to s.
1003 1012.39(3).
1004 (b) By August 1 of each year, the department shall notify
1005 the personnel specified in paragraph (a) of the pending
1006 procurement for liability coverage. By September 1 of each year,
1007 each district school board shall notify the personnel specified
1008 in paragraph (a) of the liability coverage provided pursuant to
1009 this subsection. The department shall develop the form of the
1010 notice which shall be used by each district school board. The
1011 notice must be on an 8 1/2-inch by 5 1/2-inch postcard and
1012 include the amount of coverage, a general description of the
1013 nature of the coverage, and the contact information for coverage
1014 and claims questions. The notification shall be provided
1015 separately from any other correspondence. Each district school
1016 board shall certify to the department, by September 15 of each
1017 year, that the notification required by this paragraph has been
1018 provided.
1019 (c) The department shall consult with the Department of
1020 Financial Services to select the most economically prudent and
1021 cost-effective means of implementing the program through self
1022 insurance, a risk management program, or competitive
1023 procurement.
1024 (d) This subsection expires July 1, 2016.
1025 Section 16. Section 1013.62, Florida Statutes, is amended
1026 to read:
1027 1013.62 Charter schools capital outlay funding.—
1028 (1) In each year in which funds are appropriated for
1029 charter school capital outlay purposes, the Commissioner of
1030 Education shall allocate the funds among eligible charter
1031 schools as specified in this section.
1032 (a) To be eligible for a funding allocation, a charter
1033 school must:
1034 1.a. Have been in operation for 3 or more years;
1035 b. Be governed by a governing board established in the
1036 state for 3 or more years which operates both charter schools
1037 and conversion charter schools within the state;
1038 c. Be an expanded feeder chain of a charter school within
1039 the same school district that is currently receiving charter
1040 school capital outlay funds;
1041 d. Have been accredited by the Commission on Schools of the
1042 Southern Association of Colleges and Schools; or
1043 e. Serve students in facilities that are provided by a
1044 business partner for a charter school-in-the-workplace pursuant
1045 to s. 1002.33(15)(b).
1046 2. Have financial stability for future operation as a
1047 charter school.
1048 3. Have satisfactory student achievement based on state
1049 accountability standards applicable to the charter school.
1050 4. Have received final approval from its sponsor pursuant
1051 to s. 1002.33 for operation during that fiscal year.
1052 5. Serve students in facilities that are not provided by
1053 the charter school’s sponsor.
1054 (b) The first priority for charter school capital outlay
1055 funding is to allocate to charter schools that received funding
1056 in the 2005-2006 fiscal year an allocation of the same amount
1057 per capital outlay full-time equivalent student, up to the
1058 lesser of the actual number of capital outlay full-time
1059 equivalent students in the current year, or the capital outlay
1060 full-time equivalent students in the 2005-2006 fiscal year.
1061 After calculating the first priority, the second priority is to
1062 allocate excess funds remaining in the appropriation in an
1063 amount equal to the per capital outlay full-time equivalent
1064 student amount in the first priority calculation to eligible
1065 charter schools not included in the first priority calculation
1066 and to schools in the first priority calculation with growth
1067 greater than the 2005-2006 capital outlay full-time equivalent
1068 students. After calculating the first and second priorities,
1069 excess funds remaining in the appropriation must be allocated to
1070 all eligible charter schools.
1071 (c) A charter school’s allocation may not exceed one
1072 fifteenth of the cost per student station specified in s.
1073 1013.64(6)(b). Before releasing capital outlay funds to a school
1074 district on behalf of the charter school, the Department of
1075 Education must ensure that the district school board and the
1076 charter school governing board enter into a written agreement
1077 that provides for the reversion of any unencumbered funds and
1078 all equipment and property purchased with public education funds
1079 to the ownership of the district school board, as provided for
1080 in subsection (3) if the school terminates operations. Any funds
1081 recovered by the state shall be deposited in the General Revenue
1082 Fund.
1083 (b)(d) A charter school is not eligible for a funding
1084 allocation if it was created by the conversion of a public
1085 school and operates in facilities provided by the charter
1086 school’s sponsor for a nominal fee, or at no charge, or if it is
1087 directly or indirectly operated by the school district.
1088 (c) It is the intent of the Legislature that the public
1089 interest be protected by prohibiting personal financial
1090 enrichment by owners, operators, managers, and other affiliated
1091 parties of charter schools. A charter school is not eligible for
1092 a funding allocation unless the chair of the governing board and
1093 the chief administrative officer of the charter school annually
1094 certify under oath that the funds will be used solely and
1095 exclusively for constructing, renovating, or improving charter
1096 school facilities that are:
1097 1. Owned by a school district, political subdivision of the
1098 state, municipality, Florida College System institution, or
1099 state university;
1100 2. Owned by an organization, qualified as an exempt
1101 organization under s. 501(c)(3) of the Internal Revenue Code,
1102 whose articles of incorporation specify that upon the
1103 organization’s dissolution, the subject property will be
1104 transferred to a school district, political subdivision of the
1105 state, municipality, Florida College System institution, or
1106 state university; or
1107 3. Owned by and leased, at a fair market value in the
1108 school district in which the charter school is located, from a
1109 person or entity that is not an affiliated party of the charter
1110 school. For purposes of this paragraph, the term “affiliated
1111 party of the charter school” means the applicant for the charter
1112 school pursuant to s. 1002.33; the governing board of the
1113 charter school or a member of the governing board; the charter
1114 school owner; the charter school principal; an employee of the
1115 charter school; an independent contractor of the charter school
1116 or the governing board of the charter school; a relative, as
1117 defined in s. 1002.33(24)(a)2., of a charter school governing
1118 board member, a charter school owner, a charter school
1119 principal, a charter school employee, or an independent
1120 contractor of a charter school or charter school governing
1121 board; a subsidiary corporation, a service corporation, an
1122 affiliated corporation, a parent corporation, a limited
1123 liability company, a limited partnership, a trust, a
1124 partnership, or a related party that individually or through one
1125 or more entities that share common ownership or control that
1126 directly or indirectly manages, administers, controls, or
1127 oversees the operation of the charter school; or any person or
1128 entity, individually or through one or more entities that share
1129 common ownership, that directly or indirectly manages,
1130 administers, controls, or oversees the operation of any of the
1131 foregoing.
1132 (d) The funding allocation for eligible charter schools
1133 shall be calculated as follows:
1134 1. Eligible charter schools shall be grouped into
1135 categories based on their student populations according to the
1136 following criteria:
1137 a. Seventy-five percent or greater who are eligible for
1138 free or reduced-price school lunch.
1139 b. Twenty-five percent or greater with disabilities as
1140 defined in state board rule and consistent with the requirements
1141 of the Individuals with Disabilities Education Act.
1142 2. If an eligible charter school does not meet the criteria
1143 for either category under subparagraph 1., its FTE shall be
1144 provided as the base amount of funding and shall be assigned a
1145 weight of 1.0. An eligible charter school that meets the
1146 criteria under sub-subparagraph 1.a. or sub-subparagraph 1.b.
1147 shall be provided an additional 25 percent above the base
1148 funding amount, and the total FTE shall be multiplied by a
1149 weight of 1.25. An eligible charter school that meets the
1150 criteria under both sub-subparagraphs 1.a. and 1.b. shall be
1151 provided an additional 50 percent above the base funding amount,
1152 and the FTE for that school shall be multiplied by a weight of
1153 1.5.
1154 3. The state appropriation for charter school capital
1155 outlay shall be divided by the total weighted FTE for all
1156 eligible charter schools to determine the base charter school
1157 per weighted FTE allocation amount. The per weighted FTE
1158 allocation amount shall be multiplied by the weighted FTE to
1159 determine each charter school’s capital outlay allocation.
1160 (e) Unless otherwise provided in the General Appropriations
1161 Act, the funding allocation for each eligible charter school is
1162 determined by multiplying the school’s projected student
1163 enrollment by one-fifteenth of the cost-per-student station
1164 specified in s. 1013.64(6)(b) for an elementary, middle, or high
1165 school, as appropriate. If the funds appropriated are not
1166 sufficient, the commissioner shall prorate the available funds
1167 among eligible charter schools. However, a charter school or
1168 charter lab school may not receive state charter school capital
1169 outlay funds greater than the one-fifteenth cost per student
1170 station formula if the charter school’s combination of state
1171 charter school capital outlay funds, capital outlay funds
1172 calculated through the reduction in the administrative fee
1173 provided in s. 1002.33(20), and capital outlay funds allowed in
1174 s. 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per
1175 student station formula.
1176 (2)(a)(f) The department shall calculate the eligible
1177 charter school funding allocations. Funds shall be allocated
1178 using distributed on the basis of the capital outlay full-time
1179 equivalent membership from by grade level, which is calculated
1180 by averaging the results of the second and third enrollment
1181 surveys and free and reduced-price school lunch data. The
1182 department shall recalculate the allocations periodically based
1183 on the receipt of revised information, on a schedule established
1184 by the Commissioner of Education.
1185 (b) The department of Education shall distribute capital
1186 outlay funds monthly, beginning in the first quarter of the
1187 fiscal year, based on one-twelfth of the amount the department
1188 reasonably expects the charter school to receive during that
1189 fiscal year. The commissioner shall adjust subsequent
1190 distributions as necessary to reflect each charter school’s
1191 recalculated allocation actual student enrollment as reflected
1192 in the second and third enrollment surveys. The commissioner
1193 shall establish the intervals and procedures for determining the
1194 projected and actual student enrollment of eligible charter
1195 schools.
1196 (3)(2) A charter school’s governing body may use charter
1197 school capital outlay funds for the following purposes:
1198 (a) Purchase of real property.
1199 (b) Construction of school facilities.
1200 (c) Purchase, lease-purchase, or lease of permanent or
1201 relocatable school facilities.
1202 (d) Purchase of vehicles to transport students to and from
1203 the charter school.
1204 (e) Renovation, repair, and maintenance of school
1205 facilities that the charter school owns or is purchasing through
1206 a lease-purchase or long-term lease of 5 years or longer.
1207 (f) Effective July 1, 2008, purchase, lease-purchase, or
1208 lease of new and replacement equipment, and enterprise resource
1209 software applications that are classified as capital assets in
1210 accordance with definitions of the Governmental Accounting
1211 Standards Board, have a useful life of at least 5 years, and are
1212 used to support schoolwide administration or state-mandated
1213 reporting requirements.
1214 (g) Payment of the cost of premiums for property and
1215 casualty insurance necessary to insure the school facilities.
1216 (h) Purchase, lease-purchase, or lease of driver’s
1217 education vehicles; motor vehicles used for the maintenance or
1218 operation of plants and equipment; security vehicles; or
1219 vehicles used in storing or distributing materials and
1220 equipment.
1221
1222 Conversion charter schools may use capital outlay funds received
1223 through the reduction in the administrative fee provided in s.
1224 1002.33(20) for renovation, repair, and maintenance of school
1225 facilities that are owned by the sponsor.
1226 (4)(3) If When a charter school is nonrenewed or
1227 terminated, any unencumbered funds and all equipment and
1228 property purchased with district public funds shall revert to
1229 the ownership of the district school board, as provided for in
1230 s. 1002.33(8)(e) and (f). In the case of a charter lab school,
1231 any unencumbered funds and all equipment and property purchased
1232 with university public funds shall revert to the ownership of
1233 the state university that issued the charter. The reversion of
1234 such equipment, property, and furnishings shall focus on
1235 recoverable assets, but not on intangible or irrecoverable costs
1236 such as rental or leasing fees, normal maintenance, and limited
1237 renovations. The reversion of all property secured with public
1238 funds is subject to the complete satisfaction of all lawful
1239 liens or encumbrances. If there are additional local issues such
1240 as the shared use of facilities or partial ownership of
1241 facilities or property, these issues shall be agreed to in the
1242 charter contract prior to the expenditure of funds.
1243 (5)(4) The Commissioner of Education shall specify
1244 procedures for submitting and approving requests for funding
1245 under this section and procedures for documenting expenditures.
1246 (6)(5) The annual legislative budget request of the
1247 Department of Education shall include a request for capital
1248 outlay funding for charter schools. The request shall be based
1249 on the projected number of students to be served in charter
1250 schools who meet the eligibility requirements of this section. A
1251 dedicated funding source, if identified in writing by the
1252 Commissioner of Education and submitted along with the annual
1253 charter school legislative budget request, may be considered an
1254 additional source of funding.
1255 (6) Unless authorized otherwise by the Legislature,
1256 allocation and proration of charter school capital outlay funds
1257 shall be made to eligible charter schools by the Commissioner of
1258 Education in an amount and in a manner authorized by subsection
1259 (1).
1260 Section 17. Paragraphs (a) and (b) of subsection (2) and
1261 paragraphs (b) through (e) of subsection (6) of section 1013.64,
1262 Florida Statutes, are amended to read:
1263 1013.64 Funds for comprehensive educational plant needs;
1264 construction cost maximums for school district capital
1265 projects.—Allocations from the Public Education Capital Outlay
1266 and Debt Service Trust Fund to the various boards for capital
1267 outlay projects shall be determined as follows:
1268 (2)(a) The department shall establish, as a part of the
1269 Public Education Capital Outlay and Debt Service Trust Fund, a
1270 separate account, in an amount determined by the Legislature, to
1271 be known as the “Special Facility Construction Account.” The
1272 Special Facility Construction Account shall be used to provide
1273 necessary construction funds to school districts which have
1274 urgent construction needs but which lack sufficient resources at
1275 present, and cannot reasonably anticipate sufficient resources
1276 within the period of the next 3 years, for these purposes from
1277 currently authorized sources of capital outlay revenue. A school
1278 district requesting funding from the Special Facility
1279 Construction Account shall submit one specific construction
1280 project, not to exceed one complete educational plant, to the
1281 Special Facility Construction Committee. A No district may not
1282 shall receive funding for more than one approved project in any
1283 3-year period or while any portion of the district’s
1284 participation requirement is outstanding. The first year of the
1285 3-year period shall be the first year a district receives an
1286 appropriation. The department shall encourage a construction
1287 program that reduces the average size of schools in the
1288 district. The request must meet the following criteria to be
1289 considered by the committee:
1290 1. The project must be deemed a critical need and must be
1291 recommended for funding by the Special Facility Construction
1292 Committee. Before Prior to developing construction plans for the
1293 proposed facility, the district school board must request a
1294 preapplication review by the Special Facility Construction
1295 Committee or a project review subcommittee convened by the chair
1296 of the committee to include two representatives of the
1297 department and two staff members from school districts not
1298 eligible to participate in the program. A school district may
1299 request a preapplication review at any time; however, if the
1300 district school board seeks inclusion in the department’s next
1301 annual capital outlay legislative budget request, the
1302 preapplication review request must be made before February 1.
1303 Within 90 60 days after receiving the preapplication review
1304 request, the committee or subcommittee must meet in the school
1305 district to review the project proposal and existing facilities.
1306 To determine whether the proposed project is a critical need,
1307 the committee or subcommittee shall consider, at a minimum, the
1308 capacity of all existing facilities within the district as
1309 determined by the Florida Inventory of School Houses; the
1310 district’s pattern of student growth; the district’s existing
1311 and projected capital outlay full-time equivalent student
1312 enrollment as determined by the demographic, revenue, and
1313 education estimating conferences established in s. 216.136
1314 department; the district’s existing satisfactory student
1315 stations; the use of all existing district property and
1316 facilities; grade level configurations; and any other
1317 information that may affect the need for the proposed project.
1318 2. The construction project must be recommended in the most
1319 recent survey or survey amendment cooperatively prepared surveys
1320 by the district and the department, and approved by the
1321 department under the rules of the State Board of Education. If a
1322 district employs a consultant in the preparation of a survey or
1323 survey amendment, the consultant may not be employed by or
1324 receive compensation from a third party that designs or
1325 constructs a project recommended by the survey.
1326 3. The construction project must appear on the district’s
1327 approved project priority list under the rules of the State
1328 Board of Education.
1329 4. The district must have selected and had approved a site
1330 for the construction project in compliance with s. 1013.36 and
1331 the rules of the State Board of Education.
1332 5. The district shall have developed a district school
1333 board adopted list of facilities that do not exceed the norm for
1334 net square feet occupancy requirements under the State
1335 Requirements for Educational Facilities, using all possible
1336 programmatic combinations for multiple use of space to obtain
1337 maximum daily use of all spaces within the facility under
1338 consideration.
1339 6. Upon construction, the total cost per student station,
1340 including change orders, must not exceed the cost per student
1341 station as provided in subsection (6) except for cost overruns
1342 created by a disaster as defined in s. 252.34 or an
1343 unforeseeable circumstance beyond the district’s control as
1344 determined by the Special Facility Construction Committee.
1345 7. There shall be an agreement signed by the district
1346 school board stating that it will advertise for bids within 30
1347 days of receipt of its encumbrance authorization from the
1348 department.
1349 8. For construction projects for which Special Facilities
1350 Construction Account funding is sought before the 2019-2020
1351 fiscal year, the district shall, at the time of the request and
1352 for a continuing period necessary to meet the district’s
1353 participation requirement of 3 years, levy the maximum millage
1354 against its their nonexempt assessed property value as allowed
1355 in s. 1011.71(2) or shall raise an equivalent amount of revenue
1356 from the school capital outlay surtax authorized under s.
1357 212.055(6). Beginning with construction projects for which
1358 Special Facilities Construction Account funding is sought in the
1359 2019-2020 fiscal year, the district shall, for a minimum of 3
1360 years before submitting the request and for a continuing period
1361 necessary to meet its participation requirement, levy the
1362 maximum millage against the district’s nonexempt assessed
1363 property value as authorized under s. 1011.71(2) or shall raise
1364 an equivalent amount of revenue from the school capital outlay
1365 surtax authorized under s. 212.055(6). Any district with a new
1366 or active project, funded under the provisions of this
1367 subsection, shall be required to budget no more than the value
1368 of 1 mill 1.5 mills per year to the project until the district’s
1369 to satisfy the annual participation requirement relating to the
1370 local discretionary capital improvement millage or the
1371 equivalent amount of revenue from the school capital outlay
1372 surtax is satisfied in the Special Facility Construction
1373 Account.
1374 9. If a contract has not been signed 90 days after the
1375 advertising of bids, the funding for the specific project shall
1376 revert to the Special Facility New Construction Account to be
1377 reallocated to other projects on the list. However, an
1378 additional 90 days may be granted by the commissioner.
1379 10. The department shall certify the inability of the
1380 district to fund the survey-recommended project over a
1381 continuous 3-year period using projected capital outlay revenue
1382 derived from s. 9(d), Art. XII of the State Constitution, as
1383 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
1384 11. The district shall have on file with the department an
1385 adopted resolution acknowledging its 3-year commitment to
1386 satisfy its participation requirement, which is equivalent to of
1387 all unencumbered and future revenue acquired from s. 9(d), Art.
1388 XII of the State Constitution, as amended, paragraph (3)(a) of
1389 this section, and s. 1011.71(2), in the year of the initial
1390 appropriation and for the 2 years immediately following the
1391 initial appropriation.
1392 12. Final phase III plans must be certified by the district
1393 school board as complete and in compliance with the building and
1394 life safety codes before June 1 of the year the application is
1395 made prior to August 1.
1396 (b) The Special Facility Construction Committee shall be
1397 composed of the following: two representatives of the Department
1398 of Education, a representative from the Governor’s office, a
1399 representative selected annually by the district school boards,
1400 and a representative selected annually by the superintendents. A
1401 representative of the department shall chair the committee.
1402 (6)
1403 (b)1. A district school board may must not use funds from
1404 the following sources: Public Education Capital Outlay and Debt
1405 Service Trust Fund; School District and Community College
1406 District Capital Outlay and Debt Service Trust Fund; Classrooms
1407 First Program funds provided in s. 1013.68; nonvoted 1.5-mill
1408 levy of ad valorem property taxes provided in s. 1011.71(2);
1409 Classrooms for Kids Program funds provided in s. 1013.735;
1410 District Effort Recognition Program funds provided in s.
1411 1013.736; or High Growth District Capital Outlay Assistance
1412 Grant Program funds provided in s. 1013.738 for any new
1413 construction of educational plant space with a total cost per
1414 student station, including change orders, that equals more than:
1415 a. $17,952 for an elementary school,
1416 b. $19,386 for a middle school, or
1417 c. $25,181 for a high school,
1418
1419 (January 2006) as adjusted annually to reflect increases or
1420 decreases in the Consumer Price Index.
1421 2. School districts shall maintain accurate documentation
1422 related to the costs of all new construction of educational
1423 plant space reported to the Department of Education pursuant to
1424 paragraph (d). The Auditor General shall review the
1425 documentation maintained by the school districts and verify
1426 compliance with the limits under this paragraph during its
1427 scheduled operational audits of the school district. The Auditor
1428 General shall make the final determination on district
1429 compliance.
1430 3. The Office of Program Policy Analysis and Government
1431 Accountability (OPPAGA), in consultation with the department,
1432 shall:
1433 a. Conduct a study of the cost per student station amounts
1434 using the most recent available information on construction
1435 costs. In this study, the costs per student station should
1436 represent the costs of classroom construction and administrative
1437 offices as well as the supplemental costs of core facilities,
1438 including required media centers, gymnasiums, music rooms,
1439 cafeterias and their associated kitchens and food service areas,
1440 vocational areas, and other defined specialty areas, including
1441 exceptional student education areas. The study must take into
1442 account appropriate cost-effectiveness factors in school
1443 construction and should include input from industry experts.
1444 OPPAGA must provide the results of the study and recommendations
1445 on the cost per student station to the Governor, the President
1446 of the Senate, and the Speaker of the House of Representatives
1447 no later than January 31, 2017.
1448 b. Conduct a study of the State Requirements for Education
1449 Facilities (SREF)to identify current requirements that can be
1450 eliminated or modified in order to decrease the cost of
1451 construction of educational facilities while ensuring student
1452 safety. OPPAGA must provide the results of the study, and an
1453 overall recommendation as to whether SREF should be retained, to
1454 the Governor, the President of the Senate, and the Speaker of
1455 the House of Representatives no later than January 31, 2017.
1456 4. Effective July 1, 2017, in addition to the funding
1457 sources listed in subparagraph 1., a district school board may
1458 not use funds from any sources for new construction of
1459 educational plant space with a total cost per student station,
1460 including change orders, which equals more than the current
1461 adjusted amounts provided in sub-subparagraphs 1.a.-c. which
1462 shall subsequently be adjusted annually to reflect increases or
1463 decreases in the Consumer Price Index.
1464 5.2. A district school board must not use funds from the
1465 Public Education Capital Outlay and Debt Service Trust Fund or
1466 the School District and Community College District Capital
1467 Outlay and Debt Service Trust Fund for any new construction of
1468 an ancillary plant that exceeds 70 percent of the average cost
1469 per square foot of new construction for all schools.
1470 (c) Except as otherwise provided, new construction
1471 initiated by a district school board on or after July 1, 2017,
1472 may after June 30, 1997, must not exceed the cost per student
1473 station as provided in paragraph (b). A school district that
1474 exceeds the cost per student station provided in paragraph (b),
1475 as determined by the Auditor General, shall be subject to
1476 sanctions. If the Auditor General determines that the cost per
1477 student station overage is de minimus or due to extraordinary
1478 circumstances outside the control of the district, the sanctions
1479 shall not apply. The sanctions are as follows:
1480 1. The school district shall be ineligible for allocations
1481 from the Public Education Capital Outlay and Debt Service Trust
1482 Fund for the next 3 years in which the school district would
1483 have received allocations had the violation not occurred.
1484 2. The school district shall be subject to the supervision
1485 of a district capital outlay oversight committee. The oversight
1486 committee is authorized to approve all capital outlay
1487 expenditures of the school district, including new construction,
1488 renovations, and remodeling, for 3 fiscal years following the
1489 violation.
1490 a. Each oversight committee shall be composed of the
1491 following:
1492 (I) One appointee of the Commissioner of Education who has
1493 significant financial management, school facilities
1494 construction, or related experience.
1495 (II) One appointee of the office of the state attorney with
1496 jurisdiction over the district.
1497 (III) One appointee of the Auditor General who is a
1498 licensed certified public accountant.
1499 b. An appointee to the oversight committee may not be
1500 employed by the school district; be a relative, as defined in s.
1501 1002.33(24)(a)2., of any school district employee; or be an
1502 elected official. Each appointee must sign an affidavit
1503 attesting to these conditions and affirming that no conflict of
1504 interest exists in his or her oversight role.
1505 (d) The department shall:
1506 1. Compute for each calendar year the statewide average
1507 construction costs for facilities serving each instructional
1508 level, for relocatable educational facilities, for
1509 administrative facilities, and for other ancillary and auxiliary
1510 facilities. The department shall compute the statewide average
1511 costs per student station for each instructional level.
1512 2. Annually review the actual completed construction costs
1513 of educational facilities in each school district. For any
1514 school district in which the total actual cost per student
1515 station, including change orders, exceeds the statewide limits
1516 established in paragraph (b), the school district shall report
1517 to the department the actual cost per student station and the
1518 reason for the school district’s inability to adhere to the
1519 limits established in paragraph (b). The department shall
1520 collect all such reports and shall provide these reports to the
1521 Auditor General for verification purposes report to the
1522 Governor, the President of the Senate, and the Speaker of the
1523 House of Representatives by December 31 of each year a summary
1524 of each school district’s spending in excess of the cost per
1525 student station provided in paragraph (b) as reported by the
1526 school districts.
1527
1528 Cost per student station includes contract costs, legal and
1529 administrative costs, fees of architects and engineers,
1530 furniture and equipment, and site improvement costs. Cost per
1531 student station does not include the cost of purchasing or
1532 leasing the site for the construction or the cost of related
1533 offsite improvements.
1534 (e) The restrictions of this subsection on the cost per
1535 student station of new construction do not apply to a project
1536 funded entirely from proceeds received by districts through
1537 provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
1538 State Constitution, if the school board approves the project by
1539 majority vote.
1540 Section 18. Subsection (7) is added to section 1013.74,
1541 Florida Statutes, to read:
1542 1013.74 University authorization for fixed capital outlay
1543 projects.—
1544 (7) A university board of trustees may expend reserve or
1545 carry-forward balances from prior year operational and
1546 programmatic appropriations for fixed capital outlay projects
1547 approved by the Board of Governors which include significant
1548 academic instructional space or critical deferred maintenance
1549 needs in this area.
1550 Section 19. Competency-based innovation pilot program.
1551 Beginning with the 2016-2017 school year, a competency-based
1552 innovation pilot program is established within the Department of
1553 Education.
1554 (1) For the purposes of this section, the term “competency
1555 based education” means a system in which a student may advance
1556 to higher levels of learning after demonstrating a mastery of
1557 concepts and skills instead of after a specified timeframe.
1558 (2) Public schools in Lake, Palm Beach, Pinellas, and
1559 Seminole Counties; P.K. Yonge Developmental Research School; and
1560 school districts or charter schools designated by the
1561 Commissioner of Education may submit an application to the
1562 department for approval of a competency-based innovation pilot
1563 program. The application shall be submitted on a form provided
1564 and by a date specified by the department and must include, but
1565 need not be limited to, the following:
1566 (a) A vision for the pilot program, including a timeline
1567 for the program and the timeframe for districtwide
1568 implementation of competency-based education.
1569 (b) Annual goals and performance outcomes that
1570 participating schools must meet, including, but not limited to:
1571 1. Student performance, as defined in s. 1008.34, Florida
1572 Statutes.
1573 2. Promotion and retention rates.
1574 3. Graduation rates.
1575 4. Indicators of college and career readiness.
1576 (c) A communication plan for stakeholders, including
1577 businesses and community members.
1578 (d) A scope of, and a timeline for, professional
1579 development.
1580 (e) A plan for student progression based on mastery of
1581 concepts and skills, including proposed methods to determine the
1582 degree to which a student has attained mastery of concepts and
1583 skills.
1584 (f) A plan for using technology and digital and blended
1585 learning to enhance student achievement and to facilitate
1586 competency-based education.
1587 (g) A plan for how resources will be allocated for the
1588 pilot program at both the district and school levels.
1589 (h) The recruitment and selection of participating schools.
1590 (i) Rules to be waived, as authorized in subsection (3), as
1591 necessary to implement the program.
1592 (3) In addition to the waivers provided in s. 1001.10(3),
1593 Florida Statutes, the State Board of Education may authorize the
1594 Commissioner of Education to grant waivers relating to the
1595 awarding of credit and pupil progression.
1596 (4) Students participating in the pilot program at
1597 participating schools shall be reported and generate funding
1598 consistent with the requirements of s. 1011.62, Florida
1599 Statutes.
1600 (5) The department shall:
1601 (a) Compile student and staff schedules before and after
1602 implementation of the pilot program.
1603 (b) Provide access to statewide, standardized assessments
1604 pursuant to s. 1008.22(3), Florida Statutes.
1605 (c) By June 1 of each year, provide a report summarizing
1606 the activities and accomplishments of the pilot programs and any
1607 recommendations for statutory revisions for statewide
1608 implementation to the Governor, the President of the Senate, and
1609 the Speaker of the House of Representatives.
1610 (6) This section expires June 30, 2021.
1611 Section 20. Paragraph (a) of subsection (20) of section
1612 1002.33, Florida Statutes, is amended to read:
1613 1002.33 Charter schools.—
1614 (20) SERVICES.—
1615 (a)1. A sponsor shall provide certain administrative and
1616 educational services to charter schools. These services shall
1617 include contract management services; full-time equivalent and
1618 data reporting services; exceptional student education
1619 administration services; services related to eligibility and
1620 reporting duties required to ensure that school lunch services
1621 under the federal lunch program, consistent with the needs of
1622 the charter school, are provided by the school district at the
1623 request of the charter school, that any funds due to the charter
1624 school under the federal lunch program be paid to the charter
1625 school as soon as the charter school begins serving food under
1626 the federal lunch program, and that the charter school is paid
1627 at the same time and in the same manner under the federal lunch
1628 program as other public schools serviced by the sponsor or the
1629 school district; test administration services, including payment
1630 of the costs of state-required or district-required student
1631 assessments; processing of teacher certificate data services;
1632 and information services, including equal access to student
1633 information systems that are used by public schools in the
1634 district in which the charter school is located. Student
1635 performance data for each student in a charter school,
1636 including, but not limited to, FCAT scores, standardized test
1637 scores, previous public school student report cards, and student
1638 performance measures, shall be provided by the sponsor to a
1639 charter school in the same manner provided to other public
1640 schools in the district.
1641 2. A total administrative fee for the provision of such
1642 services shall be calculated based upon up to 5 percent of the
1643 available funds defined in paragraph (17)(b) for all students,
1644 except that when 75 percent or more of the students enrolled in
1645 the charter school are exceptional students as defined in s.
1646 1003.01(3), the 5 percent of those available funds shall be
1647 calculated based on unweighted full-time equivalent students.
1648 However, a sponsor may only withhold up to a 5-percent
1649 administrative fee for enrollment for up to and including 250
1650 students. For charter schools with a population of 251 or more
1651 students, the difference between the total administrative fee
1652 calculation and the amount of the administrative fee withheld
1653 may only be used for capital outlay purposes specified in s.
1654 1013.62(3) s. 1013.62(2).
1655 3. For high-performing charter schools, as defined in ch.
1656 2011-232, a sponsor may withhold a total administrative fee of
1657 up to 2 percent for enrollment up to and including 250 students
1658 per school.
1659 4. In addition, a sponsor may withhold only up to a 5
1660 percent administrative fee for enrollment for up to and
1661 including 500 students within a system of charter schools which
1662 meets all of the following:
1663 a. Includes both conversion charter schools and
1664 nonconversion charter schools;
1665 b. Has all schools located in the same county;
1666 c. Has a total enrollment exceeding the total enrollment of
1667 at least one school district in the state;
1668 d. Has the same governing board; and
1669 e. Does not contract with a for-profit service provider for
1670 management of school operations.
1671 5. The difference between the total administrative fee
1672 calculation and the amount of the administrative fee withheld
1673 pursuant to subparagraph 4. may be used for instructional and
1674 administrative purposes as well as for capital outlay purposes
1675 specified in s. 1013.62(3) s. 1013.62(2).
1676 6. For a high-performing charter school system that also
1677 meets the requirements in subparagraph 4., a sponsor may
1678 withhold a 2-percent administrative fee for enrollments up to
1679 and including 500 students per system.
1680 7. Sponsors shall not charge charter schools any additional
1681 fees or surcharges for administrative and educational services
1682 in addition to the maximum 5-percent administrative fee withheld
1683 pursuant to this paragraph.
1684 8. The sponsor of a virtual charter school may withhold a
1685 fee of up to 5 percent. The funds shall be used to cover the
1686 cost of services provided under subparagraph 1. and
1687 implementation of the school district’s digital classrooms plan
1688 pursuant to s. 1011.62.
1689 Section 21. This act shall take effect July 1, 2016.