Florida Senate - 2024                   (PROPOSED BILL) SPB 2516
       
       
        
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       
       576-01835E-24                                         20242516pb
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 110.123,
    3         F.S.; revising definitions; defining the term
    4         “participating college”; creating s. 110.1229, F.S.;
    5         defining the term “college”; authorizing the district
    6         board of trustees of a college to apply by a specified
    7         date for participation in the state group health
    8         insurance program and the prescription drug coverage
    9         program; requiring the college to agree to specified
   10         conditions; providing a timeframe for the enrollment
   11         period; providing applicability; creating s. 985.176,
   12         F.S.; subject to legislative appropriation,
   13         authorizing specified entities to contract with
   14         AMIkids, Inc., for specified purposes; amending s.
   15         1002.33, F.S.; revising funding methods for students
   16         enrolled in certain charter schools; requiring a
   17         charter school to receive certain funds; requiring
   18         that certain funds be expended; amending s. 1002.391,
   19         F.S.; subject to legislative appropriation, creating
   20         the Bridge to Speech Program; providing for the use of
   21         funds; requiring the Department of Education to award
   22         funds by a specified date; amending s. 1002.394, F.S.;
   23         revising requirements for the Family Empowerment
   24         Scholarship Program; amending s. 1002.395, F.S.;
   25         revising requirements for the Florida Tax Credit
   26         Scholarship Program; amending s. 1002.71, F.S.;
   27         revising the percentage of certain funds that may be
   28         expended by an early learning coalition; making
   29         technical changes; creating s. 1003.4206, F.S.;
   30         subject to legislative appropriation, creating the
   31         Charity for Change program; authorizing the program to
   32         use third-party providers to deliver specified
   33         services; amending s. 1003.435, F.S.; requiring
   34         district school boards to notify all candidates for
   35         the high school equivalency diploma of adult secondary
   36         and postsecondary education options; creating s.
   37         1004.933, F.S.; providing legislative intent; defining
   38         the terms “career education program” and
   39         “institution”; establishing the Graduation Alternative
   40         to Traditional Education (GATE) Program within the
   41         Department of Education; providing the purposes of the
   42         program; providing that students enrolled in the
   43         program are exempt from payments for registration,
   44         tuition, laboratory, and examination fees; providing
   45         eligibility requirements; prohibiting an institution
   46         from imposing additional eligibility requirements;
   47         requiring the State Board of Education to adopt rules;
   48         amending s. 1008.34, F.S.; providing that students in
   49         high school who enroll in the GATE Program may not be
   50         included in their school’s graduation rate; creating
   51         s. 1009.711, F.S.; creating the GATE Scholarship
   52         Program; requiring the department to administer the
   53         program; requiring the program to reimburse eligible
   54         institutions for student costs; requiring
   55         participating institutions to report to the department
   56         all students enrolled in the program; requiring the
   57         department to reimburse participating institutions
   58         within a specified timeframe; providing that
   59         reimbursements are contingent on legislative
   60         appropriations and may be prorated in the event that
   61         total reimbursements owed exceed available funds;
   62         requiring the state board to adopt rules; amending s.
   63         1011.62, F.S.; creating the juvenile justice education
   64         supplement; providing the purpose of the supplemental
   65         allocation for juvenile justice education programs;
   66         providing for calculation of the supplement as the sum
   67         of specified allocations; revising the calculation of
   68         the class-size-reduction allocation and specifying the
   69         manner for calculating the student allocation;
   70         amending s. 1011.80, F.S.; revising the number of
   71         courses that certain students may be reported for,
   72         relating to funding purposes; providing that such
   73         courses do not have to be core curricula courses;
   74         deleting a requirement for the department to develop a
   75         list of courses to be designated as core curricula
   76         courses; creating s. 1011.804, F.S.; creating the GATE
   77         Program Student Success Incentive Fund for a specified
   78         purpose; defining the term “institution”; providing
   79         that, subject to the appropriation of funds by the
   80         Legislature, each participating institution must
   81         receive specified allocations; providing for proration
   82         of funds, as necessary; providing an effective date.
   83          
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Present paragraphs (h) through (r) of subsection
   87  (2) of section 110.123, Florida Statutes, are redesignated as
   88  paragraphs (i) through (s), respectively, a new paragraph (h) is
   89  added to that subsection, and paragraphs (c) and (e) and present
   90  paragraphs (j) and (l) of that subsection are amended, to read:
   91         110.123 State group insurance program.—
   92         (2) DEFINITIONS.—As used in ss. 110.123-110.1239, the term:
   93         (c) “Enrollee” means all state officers and employees,
   94  retired state officers and employees, surviving spouses of
   95  deceased state officers and employees, eligible former
   96  employees, and terminated employees or individuals with
   97  continuation coverage who are enrolled in an insurance plan
   98  offered by the state group insurance program. The term includes
   99  all state university officers and employees, retired state
  100  university officers and employees, surviving spouses of deceased
  101  state university officers and employees, and terminated state
  102  university employees or individuals with continuation coverage
  103  who are enrolled in an insurance plan offered by the state group
  104  insurance program. The term includes all participating college
  105  officers and employees, retired participating college officers
  106  and employees, surviving spouses of deceased participating
  107  community officers and employees, and terminated participating
  108  community employees or individuals with continuation coverage
  109  who are enrolled in an insurance plan offered by the state group
  110  insurance program. As used in this paragraph, state employees
  111  and retired state employees also include employees and retired
  112  employees of the Division of Rehabilitation and Liquidation.
  113         (e) “Full-time state employees” means employees of all
  114  branches or agencies of state government holding salaried
  115  positions who are paid by state warrant or from agency funds and
  116  who work or are expected to work an average of at least 30 hours
  117  per week; employees of the Division of Rehabilitation and
  118  Liquidation who work or are expected to work an average of at
  119  least 30 hours per week; employees paid from regular salary
  120  appropriations for 8 months’ employment, including university
  121  personnel on academic contracts; and employees paid from other
  122  personal-services (OPS) funds as described in subparagraphs 1.
  123  and 2. The term includes all full-time employees of the state
  124  universities and the participating colleges. The term does not
  125  include seasonal workers who are paid from OPS funds.
  126         1. For persons hired before April 1, 2013, the term
  127  includes any person paid from OPS funds who:
  128         a. Has worked an average of at least 30 hours or more per
  129  week during the initial measurement period from April 1, 2013,
  130  through September 30, 2013; or
  131         b. Has worked an average of at least 30 hours or more per
  132  week during a subsequent measurement period.
  133         2. For persons hired after April 1, 2013, the term includes
  134  any person paid from OPS funds who:
  135         a. Is reasonably expected to work an average of at least 30
  136  hours or more per week; or
  137         b. Has worked an average of at least 30 hours or more per
  138  week during the person’s measurement period.
  139         (h)“Participating college” means a Florida College System
  140  institution that enrolls in the state group insurance program
  141  pursuant to s. 110.1229.
  142         (k)(j) “Retired state officer or employee” or “retiree”
  143  means any state or state university or participating college
  144  officer or employee, or, beginning with the 2023 plan year, an
  145  employee of the Division of Rehabilitation and Liquidation, who
  146  retires under a state retirement system or a state optional
  147  annuity or retirement program or is placed on disability
  148  retirement, and who was insured under the state group insurance
  149  program or the Division of Rehabilitation and Liquidation’s
  150  group insurance program at the time of retirement, and who
  151  begins receiving retirement benefits immediately after
  152  retirement from state or state university or participating
  153  college office or employment. The term also includes any state
  154  officer or state employee who retires under the Florida
  155  Retirement System Investment Plan established under part II of
  156  chapter 121 if he or she:
  157         1. Meets the age and service requirements to qualify for
  158  normal retirement as set forth in s. 121.021(29); or
  159         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  160  the Internal Revenue Code and has 6 years of creditable service.
  161         (m)(l) “State agency” or “agency” means any branch,
  162  department, or agency of state government. “State agency” or
  163  “agency” includes any state university or participating college
  164  and the Division of Rehabilitation and Liquidation for purposes
  165  of this section only.
  166         Section 2. Section 110.1229, Florida Statutes, is created
  167  to read:
  168         110.1229 Participation by Florida College System
  169  institutions.—
  170         (1) As used in this section, the term “college” means a
  171  Florida College System institution identified in s. 1000.21(5).
  172         (2) The district board of trustees of a college may apply
  173  by August 1, 2024, for participation in the state group health
  174  insurance program authorized by s. 110.123 and the prescription
  175  drug coverage program authorized by s. 110.12315 by submitting
  176  an application along with a $500 nonrefundable fee to the
  177  department.
  178         (3) If the department determines that a college is eligible
  179  to enroll, the college must agree to the following terms and
  180  conditions:
  181         (a) The minimum enrollment or contractual period must be 3
  182  years.
  183         (b) Termination of participation of a college requires
  184  written notice 1 year before the termination date.
  185         (c) If participation is terminated, a college may not
  186  reapply for participation for a period of 2 years.
  187         (d) If a college employer fails to make the payments
  188  required by this section to fully reimburse the state, the
  189  Department of Revenue or the Department of Financial Services
  190  shall, upon the request of the Department of Management
  191  Services, deduct the amount owed by the employer from any funds
  192  not pledged to bond debt service satisfaction which are to be
  193  distributed by it to the college. The amounts to be deducted
  194  must be transferred to the Department of Management Services for
  195  further distribution to the trust funds in accordance with this
  196  chapter.
  197         (e) The college shall furnish the department any
  198  information requested by the department which the department
  199  considers necessary to administer the state group health
  200  insurance program and the prescription drug coverage program.
  201         (f) The college shall adopt the state’s eligibility rules.
  202         (g) The college shall pay monthly premiums in amounts
  203  sufficient to cover claims costs and administrative costs.
  204         (4) The enrollment period for colleges determined eligible
  205  by the department shall begin before July 31, 2025.
  206         (5) The provisions of ss. 624.436-624.446 do not apply to
  207  the State Group Insurance Program or to this section.
  208         Section 3. Section 985.176, Florida Statutes, is created to
  209  read:
  210         985.176 AMIkids, Inc.—As authorized by and consistent with
  211  funding appropriated in the General Appropriations Act, the
  212  department, the Department of Education, and the Department of
  213  Children and Families may contract, in accordance with ss.
  214  394.457 and 985.644 and the statutes governing the Department of
  215  Education and the Department of Children and Families, with
  216  AMIkids, Inc., a nonprofit organization exempt from taxation
  217  pursuant to s. 501(c)(3) of the Internal Revenue Code, to
  218  provide alternatives to institutionalization or commitment for
  219  young men and women by providing services, including, but not
  220  limited to, education, behavior modification, skills
  221  development, mental health, workforce development, family
  222  functioning, and advocacy.
  223         Section 4. Paragraph (b) of subsection (17) of section
  224  1002.33, Florida Statutes, is amended to read:
  225         1002.33 Charter schools.—
  226         (17) FUNDING.—Students enrolled in a charter school,
  227  regardless of the sponsorship, shall be funded as if they are in
  228  a basic program or a special program, the same as students
  229  enrolled in other public schools in a school district. Funding
  230  for a charter lab school shall be as provided in s. 1002.32.
  231         (b)1. The basis for the agreement for funding students
  232  enrolled in a charter school shall be the sum of the school
  233  district’s operating funds from the Florida Education Finance
  234  Program as provided in s. 1011.62 and the General Appropriations
  235  Act, including gross state and local funds, discretionary
  236  lottery funds, and funds from the school district’s current
  237  operating discretionary millage levy; divided by total funded
  238  weighted full-time equivalent students in the school district;
  239  and multiplied by the weighted full-time equivalent students for
  240  the charter school. Charter schools whose students or programs
  241  meet the eligibility criteria in law are entitled to their
  242  proportionate share of categorical program funds included in the
  243  total funds available in the Florida Education Finance Program
  244  by the Legislature, including transportation, and the evidence
  245  based reading allocation. Total funding for each charter school
  246  shall be recalculated during the year to reflect the revised
  247  calculations under the Florida Education Finance Program by the
  248  state and the actual weighted full-time equivalent students
  249  reported by the charter school during the full-time equivalent
  250  student survey periods designated by the Commissioner of
  251  Education. For charter schools operated by a not-for-profit or
  252  municipal entity, any unrestricted current and capital assets
  253  identified in the charter school’s annual financial audit may be
  254  used for other charter schools operated by the not-for-profit or
  255  municipal entity within the school district. For charter schools
  256  operated by a not-for-profit entity, any unrestricted current or
  257  capital assets identified in the charter school’s annual audit
  258  may be used for other charter schools operated by the not-for
  259  profit entity which are located outside of the originating
  260  charter school’s school district, but within the state, through
  261  an unforgivable loan that must be repaid within 5 years to the
  262  originating charter school by the receiving charter school.
  263  Unrestricted current assets shall be used in accordance with s.
  264  1011.62, and any unrestricted capital assets shall be used in
  265  accordance with s. 1013.62(2).
  266         2.a. Funding for students enrolled in a charter school
  267  sponsored by a state university or Florida College System
  268  institution pursuant to paragraph (5)(a) shall be provided as
  269  follows: funded as if they are in a basic program or a special
  270  program in the school district. The basis for funding these
  271  students is the sum of the total operating funds from the
  272  Florida Education Finance Program for the school district in
  273  which the school is located as provided in s. 1011.62 and the
  274  General Appropriations Act, including gross state and local
  275  funds, discretionary lottery funds, and funds from each school
  276  district’s current operating discretionary millage levy, divided
  277  by total funded weighted full-time equivalent students in the
  278  district, and multiplied by the full-time equivalent membership
  279  of the charter school. The Department of Education shall develop
  280  a tool that each state university or Florida College System
  281  institution sponsoring a charter school shall use for purposes
  282  of calculating the funding amount for each eligible charter
  283  school student. The total amount obtained from the calculation
  284  must be appropriated from state funds in the General
  285  Appropriations Act to the charter school.
  286         (I)Each charter school shall receive state funds for
  287  operating purposes provided in the Florida Education Finance
  288  Program as defined in s. 1011.61(5) and as specified in the
  289  General Appropriations Act.
  290         (II)The nonvoted required local effort millage established
  291  pursuant to s. 1011.71(1) which would otherwise be required for
  292  charter schools must be from state funds.
  293         (III)An equivalent amount of funds for the operating
  294  discretionary millage authorized pursuant to s. 1011.71(1) must
  295  be allocated to each charter school through a state-funded
  296  discretionary contribution established pursuant to s.
  297  1011.62(6).
  298         (IV) All operating funds provided under this section must
  299  be expended for the purposes of this section. The college or
  300  university sponsoring a charter school is the fiscal agent for
  301  such funds, and all rules of the institution governing the
  302  budgeting and expenditure of state funds apply to the funds
  303  unless otherwise provided by law or rule of the State Board of
  304  Education.
  305         b. Capital outlay funding for a charter school sponsored by
  306  a state university or Florida College System institution
  307  pursuant to paragraph (5)(a) is determined pursuant to s.
  308  1013.62 and the General Appropriations Act.
  309         Section 5. Subsection (5) is added to section 1002.391,
  310  Florida Statutes, to read:
  311         1002.391 Auditory-oral education programs.—
  312         (5) As authorized by and consistent with funding
  313  appropriated in the General Appropriations Act, the Bridge to
  314  Speech Program is created to fund auditory-oral education
  315  programs required at schools pursuant to this section. Funds
  316  shall be provided at the level of the published tuition rates up
  317  to the funds available as provided in the General Appropriations
  318  Act. The Department of Education must award these funds to
  319  eligible recipients no later than September 1 of each year, with
  320  subsequent payments monthly thereafter.
  321         Section 6. Paragraph (a) of subsection (12) of section
  322  1002.394, Florida Statutes, is amended to read:
  323         1002.394 The Family Empowerment Scholarship Program.—
  324         (12) SCHOLARSHIP FUNDING AND PAYMENT.—
  325         (a)1. Scholarships for students determined eligible
  326  pursuant to paragraph (3)(a) may be funded once all scholarships
  327  have been funded in accordance with s. 1002.395(6)(l)2. The
  328  calculated scholarship amount for a participating student
  329  determined eligible pursuant to paragraph (3)(a) shall be based
  330  upon the grade level and school district in which the student
  331  was assigned as 100 percent of the funds per unweighted full
  332  time equivalent in the Florida Education Finance Program for a
  333  student in the basic program established pursuant to s.
  334  1011.62(1)(c)1., plus a per-full-time equivalent share of funds
  335  for the categorical programs established in s. 1011.62(5),
  336  (7)(a), and (16), as funded in the General Appropriations Act.
  337         2. A scholarship of $750 or an amount equal to the school
  338  district expenditure per student riding a school bus, as
  339  determined by the department, whichever is greater, may be
  340  awarded to a an eligible student whose household income level
  341  does not exceed 185 percent of the federal poverty level or who
  342  is currently placed, or during the previous state fiscal year
  343  was placed, in foster care or in out-of-home care as defined in
  344  s. 39.01 and who is enrolled in a Florida public school that is
  345  different from the school to which the student was assigned or
  346  in a lab school as defined in s. 1002.32 if the school district
  347  does not provide the student with transportation to the school.
  348  Only one scholarship may be awarded pursuant to this
  349  subparagraph per household.
  350         3. The organization must provide the department with the
  351  documentation necessary to verify the student’s participation.
  352  Upon receiving the documentation, the department shall transfer,
  353  beginning August 1, from state funds only, the amount calculated
  354  pursuant to subparagraph 2. to the organization for quarterly
  355  disbursement to parents of participating students each school
  356  year in which the scholarship is in force. For a student exiting
  357  a Department of Juvenile Justice commitment program who chooses
  358  to participate in the scholarship program, the amount of the
  359  Family Empowerment Scholarship calculated pursuant to
  360  subparagraph 2. must be transferred from the school district in
  361  which the student last attended a public school before
  362  commitment to the Department of Juvenile Justice. When a student
  363  enters the scholarship program, the organization must receive
  364  all documentation required for the student’s participation,
  365  including the private school’s and the student’s fee schedules,
  366  at least 30 days before the first quarterly scholarship payment
  367  is made for the student.
  368         4. The initial payment shall be made after the
  369  organization’s verification of admission acceptance, and
  370  subsequent payments shall be made upon verification of continued
  371  enrollment and attendance at the private school. Payment must be
  372  by funds transfer or any other means of payment that the
  373  department deems to be commercially viable or cost-effective. An
  374  organization shall ensure that the parent has approved a funds
  375  transfer before any scholarship funds are deposited.
  376         5. An organization may not transfer any funds to an account
  377  of a student determined eligible pursuant to paragraph (3)(a)
  378  which has a balance in excess of $24,000.
  379         Section 7. Paragraph (a) of subsection (11) of section
  380  1002.395, Florida Statutes, is amended to read:
  381         1002.395 Florida Tax Credit Scholarship Program.—
  382         (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
  383         (a) The scholarship amount provided to any student for any
  384  single school year by an eligible nonprofit scholarship-funding
  385  organization from eligible contributions shall be for total
  386  costs authorized under paragraph (6)(d), not to exceed annual
  387  limits, which shall be determined as follows:
  388         1. For a student who received a scholarship in the 2018
  389  2019 school year, who remains eligible, and who is enrolled in
  390  an eligible private school, the amount shall be the greater
  391  amount calculated pursuant to subparagraph 2. or a percentage of
  392  the unweighted FTE funding amount for the 2018-2019 state fiscal
  393  year and thereafter as follows:
  394         a. Eighty-eight percent for a student enrolled in
  395  kindergarten through grade 5.
  396         b. Ninety-two percent for a student enrolled in grade 6
  397  through grade 8.
  398         c. Ninety-six percent for a student enrolled in grade 9
  399  through grade 12.
  400         2. For students initially eligible in the 2019-2020 school
  401  year or thereafter, the calculated amount for a student to
  402  attend an eligible private school shall be calculated in
  403  accordance with s. 1002.394(12)(a).
  404         3. The scholarship amount awarded to a student whose
  405  household income level does not exceed 185 percent of the
  406  federal poverty level or who is currently placed, or during the
  407  previous state fiscal year was placed, in foster care or in out
  408  of-home care as defined in s. 39.01 and who is enrolled in a
  409  Florida public school that is different from the school to which
  410  the student was assigned, or in a lab school as defined in s.
  411  1002.32, must be an amount equal to the school district
  412  expenditure per student riding a school bus, as determined by
  413  the department, or $750, whichever is greater. Only one
  414  scholarship may be awarded pursuant to this subparagraph per
  415  household.
  416         Section 8. Subsection (7) of section 1002.71, Florida
  417  Statutes, is amended to read:
  418         1002.71 Funding; financial and attendance reporting.—
  419         (7) The department shall require that administrative
  420  expenditures be kept to the minimum necessary for efficient and
  421  effective administration of the Voluntary Prekindergarten
  422  Education Program. Administrative policies and procedures must
  423  shall be revised, to the maximum extent practicable, to
  424  incorporate the use of automation and electronic submission of
  425  forms, including those required for child eligibility and
  426  enrollment, provider and class registration, and monthly
  427  certification of attendance for payment. A school district may
  428  use its automated daily attendance reporting system for the
  429  purpose of transmitting attendance records to the early learning
  430  coalition in a mutually agreed-upon format. In addition, actions
  431  must shall be taken to reduce paperwork, eliminate the
  432  duplication of reports, and eliminate other duplicative
  433  activities. Each early learning coalition may retain and expend
  434  no more than 5 4.0 percent of the funds paid by the coalition to
  435  private prekindergarten providers and public schools under
  436  paragraph (5)(b). Funds retained by an early learning coalition
  437  under this subsection may be used only for administering the
  438  Voluntary Prekindergarten Education Program and may not be used
  439  for the school readiness program or other programs.
  440         Section 9. Section 1003.4206, Florida Statutes, is created
  441  to read:
  442         1003.4206 Charity for Change program.—As authorized by and
  443  consistent with funding appropriated in the General
  444  Appropriations Act, the Charity for Change program is created to
  445  implement the character education standards required pursuant to
  446  s. 1003.42(2)(t). The program may use third-party providers to
  447  deliver after-school and summer services that empower students
  448  with an evidence-based curriculum that integrates character
  449  education, service learning, charitable and community
  450  engagement, and academics.
  451         Section 10. Subsection (3) of section 1003.435, Florida
  452  Statutes, is amended to read:
  453         1003.435 High school equivalency diploma program.—
  454         (3) Each district school board shall:
  455         (a) Offer and administer the high school equivalency
  456  diploma examinations and the subject area examinations to all
  457  candidates pursuant to rules of the State Board of Education.
  458         (b) Notify each candidate of adult secondary and
  459  postsecondary education options available in or near the
  460  district. The candidate must also be informed of the eligibility
  461  requirements and any minimum academic requirements for each
  462  available option.
  463         Section 11. Section 1004.933, Florida Statutes, is created
  464  to read:
  465         1004.933 Graduation Alternative to Traditional Education
  466  (GATE) Program.—
  467         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  468  that each high school student have the opportunity to earn
  469  postsecondary course credits at no cost to the student while
  470  pursuing the completion of a standard high school diploma or
  471  equivalent credential. Furthermore, to help meet this state’s
  472  workforce skill needs, it is the intent of the Legislature that
  473  high school students have access to high-quality workforce
  474  education programs that can help them build their basic
  475  education abilities and attain industry-recognized postsecondary
  476  credentials.
  477         (2) DEFINITIONS.—As used in this section, the term:
  478         (a)“Career education program” means an applied technology
  479  diploma program as defined in s. 1004.02(7) or a career
  480  certificate program as defined in s. 1004.02(20).
  481         (b) “Institutionmeans a school district career center
  482  under s. 1001.44, a charter technical career center under s.
  483  1002.34, or a Florida College System institution under s.
  484  1000.21.
  485         (3) ESTABLISHMENT; PURPOSE.—The Graduation Alternative to
  486  Traditional Education (GATE) Program is created within the
  487  Department of Education for the following purposes:
  488         (a) Assisting students who may have challenges in
  489  completing the requirements for a standard high school diploma
  490  in a traditional setting.
  491         (b) Creating an alternative education pathway that supports
  492  this state’s commitment to educational accessibility for all
  493  students by providing additional opportunities for students 16
  494  to 21 years of age who have discontinued enrollment in
  495  traditional high school programs.
  496         (c) Increasing the number of students who successfully earn
  497  a high school credential in this state.
  498         (d) Increasing the interest and participation of students
  499  in career and technical education (CTE) programs.
  500         (4)PAYMENT EXEMPTION; ELIGIBILITY.
  501         (a) Any student enrolled in the GATE Program is exempt from
  502  the payment of registration, tuition, laboratory, and
  503  examination fees to a participating institution. Instructional
  504  materials assigned for use under the GATE Program must be made
  505  available to GATE Program students free of charge. An
  506  institution may not require payment by students of instructional
  507  material costs eligible for reimbursement under s. 1009.711.
  508         (b) To be eligible for participation in the GATE Program, a
  509  student may not have earned a standard high school diploma
  510  pursuant to s. 1003.4282 or a high school equivalency diploma
  511  pursuant to s. 1003.435 before enrolling in the GATE Program and
  512  must:
  513         1. Be a resident of this state as defined in s. 1009.21;
  514         2. Be concurrently enrolled in an adult secondary education
  515  program as defined in s. 1004.02(4) and a career education
  516  program at a Florida College System institution, a school
  517  district career center, or a charter technical career center;
  518         3. Be 16 to 21 years of age at the time of initial
  519  enrollment;
  520         4. Select the CTE pathway or program of his or her choice
  521  at the time of enrollment. The student may not change the
  522  requested pathway after enrollment;
  523         5. Maintain a 2.0 GPA for CTE coursework; and
  524         6. Complete the programs under subparagraph 2. within 3
  525  years after initial enrollment unless the institution determines
  526  that an extension is warranted due to extenuating circumstances.
  527         (c) An institution may not impose additional criteria to
  528  determine a student’s eligibility to receive a waiver under this
  529  section.
  530         (5) RULES.—The State Board of Education shall adopt rules
  531  to implement this section.
  532         Section 12. Paragraph (b) of subsection (3) of section
  533  1008.34, Florida Statutes, is amended to read:
  534         1008.34 School grading system; school report cards;
  535  district grade.—
  536         (3) DESIGNATION OF SCHOOL GRADES.—
  537         (b)1. A school’s grade shall be based on the following
  538  components, each worth 100 points:
  539         a. The percentage of eligible students passing statewide,
  540  standardized assessments in English Language Arts under s.
  541  1008.22(3).
  542         b. The percentage of eligible students passing statewide,
  543  standardized assessments in mathematics under s. 1008.22(3).
  544         c. The percentage of eligible students passing statewide,
  545  standardized assessments in science under s. 1008.22(3).
  546         d. The percentage of eligible students passing statewide,
  547  standardized assessments in social studies under s. 1008.22(3).
  548         e. The percentage of eligible students who make Learning
  549  Gains in English Language Arts as measured by statewide,
  550  standardized assessments administered under s. 1008.22(3).
  551         f. The percentage of eligible students who make Learning
  552  Gains in mathematics as measured by statewide, standardized
  553  assessments administered under s. 1008.22(3).
  554         g. The percentage of eligible students in the lowest 25
  555  percent in English Language Arts, as identified by prior year
  556  performance on statewide, standardized assessments, who make
  557  Learning Gains as measured by statewide, standardized English
  558  Language Arts assessments administered under s. 1008.22(3).
  559         h. The percentage of eligible students in the lowest 25
  560  percent in mathematics, as identified by prior year performance
  561  on statewide, standardized assessments, who make Learning Gains
  562  as measured by statewide, standardized Mathematics assessments
  563  administered under s. 1008.22(3).
  564         i. For schools comprised of middle grades 6 through 8 or
  565  grades 7 and 8, the percentage of eligible students passing high
  566  school level statewide, standardized end-of-course assessments
  567  or attaining national industry certifications identified in the
  568  CAPE Industry Certification Funding List pursuant to state board
  569  rule.
  570         j. Beginning in the 2023-2024 school year, for schools
  571  comprised of grade levels that include grade 3, the percentage
  572  of eligible students who score an achievement level 3 or higher
  573  on the grade 3 statewide, standardized English Language Arts
  574  assessment administered under s. 1008.22(3).
  575  
  576  In calculating Learning Gains for the components listed in sub
  577  subparagraphs e.-h., the State Board of Education shall require
  578  that learning growth toward achievement levels 3, 4, and 5 is
  579  demonstrated by students who scored below each of those levels
  580  in the prior year. In calculating the components in sub
  581  subparagraphs a.-d., the state board shall include the
  582  performance of English language learners only if they have been
  583  enrolled in a school in the United States for more than 2 years.
  584         2. For a school comprised of grades 9, 10, 11, and 12, or
  585  grades 10, 11, and 12, the school’s grade shall also be based on
  586  the following components, each worth 100 points:
  587         a. The 4-year high school graduation rate of the school as
  588  defined by state board rule. Students enrolled in high school
  589  who choose to enroll in the GATE Program pursuant to s. 1004.933
  590  may not be included in their school’s graduation rate.
  591         b. The percentage of students who were eligible to earn
  592  college and career credit through an assessment identified
  593  pursuant to s. 1007.27(2), College Board Advanced Placement
  594  examinations, International Baccalaureate examinations, dual
  595  enrollment courses, including career dual enrollment courses
  596  resulting in the completion of 300 or more clock hours during
  597  high school which are approved by the state board as meeting the
  598  requirements of s. 1007.271, or Advanced International
  599  Certificate of Education examinations; who, at any time during
  600  high school, earned national industry certification identified
  601  in the CAPE Industry Certification Funding List, pursuant to
  602  rules adopted by the state board; or who earned an Armed
  603  Services Qualification Test score that falls within Category II
  604  or higher on the Armed Services Vocational Aptitude Battery and
  605  earned a minimum of two credits in Junior Reserve Officers’
  606  Training Corps courses from the same branch of the United States
  607  Armed Forces.
  608         Section 13. Section 1009.711, Florida Statutes, is created
  609  to read:
  610         1009.711 GATE Scholarship Program.—
  611         (1) The GATE Scholarship Program is created to financially
  612  support institutions in providing the GATE Program established
  613  pursuant to s. 1004.933.
  614         (2) The Department of Education shall administer the GATE
  615  Scholarship Program in accordance with rules adopted by the
  616  State Board of Education pursuant to subsection (6).
  617         (3)The program shall reimburse eligible institutions for
  618  registration, tuition, laboratory, and examination fees and
  619  related instructional materials costs for students enrolled in
  620  the GATE Program. School district career centers and Florida
  621  College System institutions must be reimbursed at the in-state
  622  resident tuition rate established in s. 1009.22(3)(c).
  623         (4) Each participating institution shall report to the
  624  department all students enrolled in the GATE Scholarship Program
  625  during the fall, spring, or summer terms within 30 days after
  626  the end of regular registration. For each eligible student, the
  627  institution shall report the total reimbursable expenses by
  628  category, which the department must consider in determining an
  629  institution’s award under this section. The department shall
  630  reimburse each participating institution no later than 30 days
  631  after the institution has reported enrollment for that term.
  632         (5) Reimbursements from the GATE Scholarship Program are
  633  contingent upon an annual appropriation in the General
  634  Appropriations Act. If the statewide reimbursement amount is
  635  greater than the appropriation, the institutional reimbursement
  636  amounts specified in subsection (3) must be prorated among the
  637  institutions that have timely reported eligible students to the
  638  department.
  639         (6) The State Board of Education shall adopt rules to
  640  implement this section.
  641         Section 14. Subsection (9) of section 1011.62, Florida
  642  Statutes, is amended to read:
  643         1011.62 Funds for operation of schools.—If the annual
  644  allocation from the Florida Education Finance Program to each
  645  district for operation of schools is not determined in the
  646  annual appropriations act or the substantive bill implementing
  647  the annual appropriations act, it shall be determined as
  648  follows:
  649         (9) CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE
  650  JUSTICE EDUCATION PROGRAMS.—The juvenile justice education
  651  supplement is created to provide supplemental funding to support
  652  the education of students in juvenile justice education
  653  programs. The supplemental allocation must be the sum of the
  654  class-size-reduction allocation and the student allocation.
  655         (a) The class-size-reduction allocation shall be calculated
  656  by multiplying the total kindergarten through grade 12 weighted
  657  full-time equivalent student membership in juvenile justice
  658  education programs in each school district shall be multiplied
  659  by the amount of the state average class-size-reduction factor
  660  multiplied by the comparable wage factor for the school district
  661  established in subsection (2). An amount equal to the sum of
  662  this calculation shall be allocated in the Florida Education
  663  Finance Program to each school district to supplement other
  664  sources of funding for students in juvenile justice education
  665  programs.
  666         (b) The student allocation shall be calculated based on the
  667  number of students reported in a juvenile justice education
  668  program. The total kindergarten through grade 12 unweighted
  669  full-time equivalent student membership in juvenile justice
  670  education programs in each school district, excluding students
  671  with disabilities, shall be multiplied by a percentage of the
  672  base student allocation as provided in the General
  673  Appropriations Act. The total kindergarten through grade 12
  674  unweighted full-time equivalent student membership in juvenile
  675  justice education programs in each school district, for students
  676  with disabilities, shall be multiplied by an additional
  677  percentage of the base student allocation as provided in the
  678  General Appropriations Act. The base amount and the amount for
  679  students with disabilities shall be summed to provide the
  680  student allocation.
  681         (c) Funds allocated under this subsection shall be used to
  682  provide the juvenile justice education programs pursuant to s.
  683  1003.52 and may be used to pay for the high school equivalency
  684  examination fees for juvenile justice students who pass the high
  685  school equivalency examination in full, or in part, while in a
  686  juvenile justice education program, the industry credentialing
  687  testing fees for such students, and the costs associated with
  688  such juvenile justice students enrolled in career and technical
  689  education courses that lead to industry-recognized
  690  certifications.
  691         Section 15. Subsection (10) of section 1011.80, Florida
  692  Statutes, is amended to read:
  693         1011.80 Funds for operation of workforce education
  694  programs.—
  695         (10) A high school student dually enrolled under s.
  696  1007.271 in a workforce education program operated by a Florida
  697  College System institution or school district career center
  698  generates the amount calculated for workforce education funding,
  699  including any payment of performance funding, and the
  700  proportional share of full-time equivalent enrollment generated
  701  through the Florida Education Finance Program for the student’s
  702  enrollment in a high school. If a high school student is dually
  703  enrolled in a Florida College System institution program,
  704  including a program conducted at a high school, the Florida
  705  College System institution earns the funds generated for
  706  workforce education funding, and the school district earns the
  707  proportional share of full-time equivalent funding from the
  708  Florida Education Finance Program. If a student is dually
  709  enrolled in a career center operated by the same district as the
  710  district in which the student attends high school, that district
  711  earns the funds generated for workforce education funding and
  712  also earns the proportional share of full-time equivalent
  713  funding from the Florida Education Finance Program. If a student
  714  is dually enrolled in a workforce education program provided by
  715  a career center operated by a different school district, the
  716  funds must be divided between the two school districts
  717  proportionally from the two funding sources. A student may not
  718  be reported for funding in a dual enrollment workforce education
  719  program unless the student has completed the basic skills
  720  assessment pursuant to s. 1004.91. A student who is coenrolled
  721  in a K-12 education program and an adult education program may
  722  be reported for purposes of funding in an adult education
  723  program. If a student is coenrolled in core curricula courses
  724  for credit recovery or dropout prevention purposes and does not
  725  have a pattern of excessive absenteeism or habitual truancy or a
  726  history of disruptive behavior in school, the student may be
  727  reported for funding for up to four two courses per year. Such a
  728  student is exempt from the payment of the block tuition for
  729  adult general education programs provided in s. 1009.22(3)(c).
  730  The Department of Education shall develop a list of courses to
  731  be designated as core curricula courses for the purposes of
  732  coenrollment.
  733         Section 16. Section 1011.804, Florida Statutes, is created
  734  to read:
  735         1011.804 GATE Program Student Success Incentive Fund.—
  736         (1) A GATE Program Student Success Incentive Fund is
  737  created to reward school districts and Florida College System
  738  institutions for the documented success of students
  739  participating in the GATE Program established under s. 1004.933.
  740         (2) As used in this section, the term institution means a
  741  school district career center established under s. 1001.44, a
  742  charter technical career center established under s. 1002.34, or
  743  a Florida College System institution identified in s. 1000.21,
  744  which offers the GATE Program pursuant to s. 1004.933.
  745         (3) Subject to legislative appropriation, each
  746  participating institution must receive an allocation based on
  747  the performance of students in its GATE Program according to the
  748  following metrics:
  749         (a) The number of students obtaining a standard high school
  750  diploma or high school equivalency diploma while participating
  751  in the program.
  752         (b) The number of postsecondary industry certifications or
  753  other program completion credentials earned by students
  754  participating in the program. Eligible industry certifications
  755  must be identified on the CAPE Industry Certification Funding
  756  List approved by the State Board of Education under s. 1008.44.
  757         (c) Unless otherwise specified in the General
  758  Appropriations Act, each institution must be provided $750 per
  759  student described in paragraph (a) and $1,000 per student
  760  earning certificates or credentials as provided in paragraph
  761  (b). If funds are insufficient to fully fund the calculated
  762  total award, such funds must be prorated among the institutions.
  763         Section 17. This act shall take effect July 1, 2024.