CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1374

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Sullivan moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 3, between lines 3 and 4,

15

16  insert:

17         Section 3.    Deregulated Public Schools.--

18         (1)  PILOT PROGRAM.--To provide public schools the same

19  flexibility and accountability afforded charter schools, pilot

20  programs for deregulated public schools shall be conducted in

21  two large, two medium-sized, and two small school districts.

22  For the 1998-99 school year, no more than six schools per

23  district, to include no more than two high schools, two middle

24  schools, and two elementary schools, may participate in the

25  flexibility program. The following districts are authorized to

26  conduct pilot program in 1998-99: Palm Beach, Pinellas,

27  Seminole, Leon, Walton, and Citrus Counties.

28         (2)  PURPOSE.--The purpose of the pilot program for

29  deregulated public schools shall be to:

30         (a)  Improve student learning.

31         (b)  Increase learning opportunities for all students,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1374

    Amendment No.    





 1  with special emphasis on expanded learning experiences for

 2  students who are identified as academically low achieving.

 3         (c)  Encourage the use of different and innovative

 4  learning methods.

 5         (d)  Increase choice of learning opportunities for

 6  students.

 7         (e)  Establish a new form of accountability for

 8  schools.

 9         (f)  Require the measurement of learning outcomes and

10  create innovative measurement tools.

11         (g)  Make the school the unit for improvement.

12         (h)  Relieve schools of paperwork and procedures that

13  are required by the state and the district for purposes other

14  than health, safety, equal opportunity, fiscal accountability

15  and documentation of student achievement.

16         (3)  PROPOSAL.--

17         (a)  A proposal to be a deregulated school must be

18  developed by the school principal and the school advisory

19  council. A majority of the members of the school advisory

20  council must approve the proposal, and the principal and the

21  school advisory council chairman must sign the proposal. At

22  least 50 percent of the teachers employed at the school must

23  approve the proposal. The school must conduct a survey to show

24  parental support for the proposal.

25         (b)  A district school board shall receive and review

26  all proposals for a deregulated public school during July and

27  August. A district school board must by a majority vote

28  approve or deny a proposal no later than 30 days after the

29  proposal is received. If a proposal is denied, the district

30  school board must, within 10 calendar days, articulate in

31  writing the specific reasons based upon good cause supporting

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1374

    Amendment No.    





 1  its denial of the proposal.

 2         (c)  The Department of Education may provide technical

 3  assistance to an applicant upon written request.

 4         (d)  The terms and conditions for the operation of a

 5  deregulated public school shall be set forth in the proposal.

 6  The school district shall not impose unreasonable rules or

 7  regulations that violate the intent of giving schools greater

 8  flexibility to meet educational goals.

 9         (4)  ELIGIBLE STUDENTS.--

10         (a)  A deregulated school shall be open to all students

11  residing in the school's attendance boundaries as determined

12  by the school district.

13         (b)  The deregulated public school shall have maximum

14  flexibility to enroll students under the school district open

15  enrolled plan.

16         (5)  REQUIREMENTS.--

17         Like other public schools, a deregulated public school

18  shall:

19         (a)  be nonsectarian in its programs, admission

20  policies, employment practices, and operations.

21         (b)  not charge tuition or fees, except those fees

22  normally charged by other public schools.

23         (c)  meet all applicable state and local health,

24  safety, and civil rights requirements.

25         (d)  not violate the antidiscrimination provisions of

26  s. 228.2001.

27         (e)  be subject to an annual financial audit in a

28  manner similar to that of other public schools in the

29  district.

30         (6)  ELEMENTS OF THE PROPOSAL.--The major issues

31  involving the operation of a deregulated public school shall

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1374

    Amendment No.    





 1  be considered in advance and written into the proposal.

 2         (a)  The proposal shall address, and criteria for

 3  approval of the proposal shall be based, on:

 4         1.  The school's mission and the students to be served.

 5         2.  The focus of the curriculum, the instructional

 6  methods to be used, and any distinctive instructional

 7  techniques to be employed.

 8         3.  The current baseline standard of achievement and

 9  the outcomes to be achieved and the method of measurement that

10  will be used.

11         4.  The methods used to identify the educational

12  strengths and needs of students and how well educational goals

13  and performance standards are met by students attending the

14  school. Students in deregulated and flexible public schools

15  shall, at a minimum, participate in the statewide assessment

16  program.

17         5.  In secondary schools, a method for  determining

18  that a student has satisfied the requirements for graduation

19  in s. 232.246.

20         6.  A method for resolving conflicts between the school

21  and the district.

22         7.  The admissions procedures and dismissal procedures,

23  including the school's code of student conduct.

24         8.  The ways by which the school's racial/ethnic

25  balance reflects the community it serves or reflects the

26  racial/ethnic range of other public schools in the same school

27  district.

28         9.  The financial and administrative management of the

29  school including a statement of the areas in which the school

30  will have administrative and fiscal autonomy and the areas in

31  which the school will follow school district fiscal and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1374

    Amendment No.    





 1  administrative policies.

 2         10.  The manner in which the school will be insured,

 3  including whether or not the school will be required to have

 4  liability insurance, and, if so, the terms and conditions

 5  thereof and the amounts of coverage.

 6         11.  The qualifications to be required of the teachers.

 7         (a)  The school shall make annual progress reports to

 8  the district, which upon verification shall be forwarded to

 9  the Commissioner of Education at the same time as other annual

10  school accountability reports.  The report shall contain at

11  least the following information:

12         1.  The school's progress towards achieving the goals

13  outlined in its proposal.

14         2.  The information required in the annual school

15  report pursuant to s. 229.592.

16         3.  Financial records of the school, including revenues

17  and expenditures.

18         4.  Salary and benefit levels of school employees.

19         (c)  A school district shall ensure that the proposal

20  is innovative and consistent with the state education goals

21  established by s. 229.591.

22         (d)  Upon receipt of the annual report required by

23  paragraph (d), the Department of Education shall provide to

24  the State Board of Education, the Commissioner of Education,

25  the President of the Senate, and the Speaker of the House of

26  Representatives with a copy of each report and an analysis and

27  comparison of the overall performance of students, to include

28  all students in deregulated public schools whose scores are

29  counted as part of the norm-referenced assessment tests,

30  versus comparable public school students in the district as

31  determined by norm-referenced assessment tests currently

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1374

    Amendment No.    





 1  administered in the school district, and, as appropriate, the

 2  Florida Writes Assessment Test, the High School Competency

 3  Test, and other assessments administered pursuant to s.

 4  229.57(3).

 5         (7)  EXEMPTION FROM STATUTES.--

 6         (a)  A deregulated public school shall operate in

 7  accordance with its proposal and shall be exempt from all

 8  statutes of the Florida School Code, except those pertaining

 9  to civil rights and student health, safety, and welfare, or as

10  otherwise required by this section. A deregulated public

11  school shall not be exempt from the following statutes:

12  chapter 119, relating to public records, and s. 286.011,

13  relating to public meetings and records, public inspection,

14  and penalties. The school district, upon request of a

15  deregulated public school, may apply to the Commissioner of

16  Education for a waiver of provisions of chapters 230 through

17  239 which are applicable to deregulated  public schools under

18  this section, except that the provisions of chapters 236 or

19  237 shall not be eligible for waiver if the waiver would

20  affect funding allocations or create inequity in public school

21  funding. The commissioner may grant the waiver if necessary to

22  implement the school program.

23         (b)  Teachers employed by or under contract to a

24  deregulated public school shall be certified as required by

25  chapter 231. A deregulated public school may employ or

26  contract with skilled selected noncertified personnel to

27  provide instructional services or to assist instructional

28  staff members as teacher aides in the same manner as defined

29  in chapter 231. A deregulated public school may not employ an

30  individual to provide instructional services or to serve as a

31  teacher aide if the individual's certification or licensure as

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1374

    Amendment No.    





 1  an educator is suspended or revoked by this or any other

 2  state. The qualifications of teachers shall be disclosed to

 3  parents.

 4         (c)  A deregulated public school shall employ or

 5  contract with employees who have been fingerprinted as

 6  provided in s. 231.02.

 7         (8)  REVENUE.--Students enrolled in a deregulated

 8  public school, shall be funded in a basic program or a special

 9  program, in the same manner as students enrolled in other

10  public schools in the school district.

11         (9)  LENGTH OF SCHOOL YEAR.--A deregulated public

12  school shall provide instruction for at least the number of

13  days required by law for other public schools, and may provide

14  instruction for additional days.

15         (10)  FACILITIES.--A deregulated public school shall

16  utilize facilities which comply with the State Uniform

17  Building Code for Public Educational Facilities Construction

18  adopted pursuant to s. 235.26 or with applicable state minimum

19  building codes pursuant to chapter 553 and state minimum fire

20  protection codes pursuant to s. 633.025, as adopted by the

21  authority in whose jurisdiction the facility is located.

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23  (Redesignate subsequent sections.)

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25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, line 11, after the semicolon,

29

30  insert:

31         creating pilot programs for deregulated public

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1374

    Amendment No.    





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