House Bill 4111

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    Florida House of Representatives - 1998                HB 4111

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to Florida School Improvement

  3         and Academic Achievement Trust Fund grants;

  4         amending s. 236.1229, F.S.; revising funding,

  5         allocation, and district-level administration;

  6         providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 236.1229, Florida Statutes, is

11  amended to read:

12         236.1229  Florida School Improvement and Academic

13  Achievement Trust Fund grants.--

14         (1)  LEGISLATIVE INTENT.--The Legislature recognizes

15  that private contributions can play an important role in

16  enabling school districts to achieve a margin of excellence

17  within existing state and local funding.  It is, therefore,

18  the intent of the Legislature to provide each school district

19  with the opportunity to receive private donations and provide

20  private donors with an incentive in the form of matching

21  grants for contributions for the improvement of schools and

22  academic programs within the district school system.

23         (2)  FUNDING.--The Florida School Improvement and

24  Academic Achievement Trust Fund shall be utilized to provide

25  challenge grants and matching endowment grants to public

26  school district education foundations school boards that are

27  recognized as such by the Department of Education Florida

28  Education Foundation and meet the requirements of this

29  section.  All funds appropriated or retained in the trust fund

30  shall be invested pursuant to s. 18.125.  Notwithstanding the

31  provisions of s. 216.301, and pursuant to s. 216.351, any

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    Florida House of Representatives - 1998                HB 4111

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  1  undisbursed balance remaining in the trust fund and interest

  2  accruing to that portion of the trust fund not matched and

  3  distributed to the public school district education

  4  foundations school boards shall remain in the trust fund and

  5  shall increase the total funds available for challenge grants

  6  and matching endowment grants.

  7         (3)  ADMINISTRATION.--The Commissioner of Education

  8  shall specify procedures for submitting, documenting, and

  9  approving requests for matching funds and for maintaining

10  accountability for endowments and the proceeds of endowments;

11  and establish restrictions on the use of proceeds from

12  endowments.  The commissioner shall specify conditions under

13  which matching funds may be encumbered by a down payment and a

14  pledged schedule of future contributions.  Such conditions

15  shall include conditions of default and reinstatement of

16  defaulted pledges.

17         (4)  ALLOCATION OF THE TRUST FUND.--Funds appropriated

18  to the trust fund shall be allocated by the Department of

19  Education in the following manner:

20         (a)  For every year in which there is a legislative

21  appropriation to the trust fund, an equal amount the lesser of

22  the amount appropriated divided by the number of districts or

23  $10,000 must be reserved to provide each public school

24  district education foundation school board with an opportunity

25  to receive and match a challenge grant.  The balance of the

26  funds shall be available for matching by any public school

27  district education foundation school board. Trust funds which

28  remain unmatched by contribution on March 1 of any year shall

29  also be available for matching by any public school district

30  education foundation or by the Department of Education Florida

31  Education Foundation school board. The commissioner shall

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    Florida House of Representatives - 1998                HB 4111

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  1  adopt procedures providing all public school district

  2  education foundations school boards with an opportunity to

  3  apply for excess trust funds prior to awarding such funds.

  4  However, no public school district education foundation school

  5  board may receive more than its percentage of the total

  6  full-time equivalent enrollment or 15 percent, whichever is

  7  greater, of the funds appropriated to the trust fund for that

  8  fiscal year.

  9         (b)  Challenge grants shall be proportionately

10  allocated from the trust fund on the basis of matching each $4

11  of state funds with $6 of private funds.  To be eligible for

12  matching, a minimum of $4,500 must be raised from private

13  sources.

14         (c)  Funds sufficient to provide the match shall be

15  transferred from the state trust fund to the public school

16  education foundation upon notification that a proportionate

17  amount has been received and deposited by the foundation in

18  its own trust fund.

19         (b)  Contributions made after June 1, 1995, for a

20  specific purpose other than those enumerated in paragraphs (c)

21  and (d) shall be matched in the following manner:

22         1.  Each school district that raises a contribution of

23  at least $50,000, but no more than $99,000, from a private

24  source shall receive a matching grant equal to 25 percent of

25  the private contribution.

26         2.  Each school district that raises a contribution of

27  at least $100,000, but no more than $599,999, from a private

28  source shall receive a matching grant equal to 50 percent of

29  the private contribution.

30         3.  Each school district that raises a contribution of

31  at least $600,000, but no more than $1 million, from a private

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    Florida House of Representatives - 1998                HB 4111

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  1  source shall receive a matching grant equal to 70 percent of

  2  the private contribution.

  3         4.  Each school district that raises a contribution in

  4  excess of $1 million, but no more than $1.5 million, from a

  5  private source shall receive a matching grant equal to 75

  6  percent of the private contribution.

  7         5.  Each school district that raises a contribution in

  8  excess of $1.5 million, but no more than $2 million, from a

  9  private source shall receive a matching grant equal to 80

10  percent of the private contribution.

11         6.  Each school district that raises a contribution in

12  excess of $2 million from a private source shall receive a

13  matching grant equal to 100 percent of the private

14  contribution.

15         (c)  Contributions made after June 1, 1995, for the

16  establishment of an endowment to be used at the discretion of

17  the district school board for improving schools and academic

18  achievement within the school district, which is not

19  restricted for use by a specific school, discipline, or

20  program, and which is at least in the amount of $100,000,

21  shall be matched at the rate of 70 percent of the private

22  contribution.

23         (d)  Contributions made after June 1, 1995, for the

24  establishment of an endowment to be used at the discretion of

25  the district school board for improving schools and academic

26  achievement within the school district, which is not

27  restricted for use by a specific school, discipline, or

28  program, and which is in excess of the amount of $1 million,

29  shall be matched pursuant to paragraph (b).

30         (e)  Pledged contributions shall be eligible for

31  matching pursuant to this section, provided that such

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    Florida House of Representatives - 1998                HB 4111

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  1  contributions shall not be eligible for matching prior to the

  2  actual collection of the total contribution.

  3         (d)  Matching grants shall be distributed on the last

  4  day of each calendar quarter.  If the total of the amounts to

  5  be distributed in any quarter pursuant to this subsection

  6  exceeds the amount of funds remaining from specific

  7  appropriations made for the implementation of this section,

  8  all grants for that quarter shall be proportionately reduced

  9  so that the total of matching grants distributed does not

10  exceed available appropriations.

11         (5)  DISTRICT-LEVEL ADMINISTRATION.--

12         (a)  Each public school district education foundation

13  school board participating in the Florida School Improvement

14  and Academic Achievement Trust Fund shall separately account

15  for all funds received pursuant to this section, including

16  interest, and may establish its own school improvement and

17  academic achievement trust fund as a depository for the a

18  District School Improvement and Academic Achievement Trust

19  Fund.  The sources of funds shall be private contributions,

20  state matching funds, and interest earnings on investments of

21  such funds.  State matching funds shall be transferred to the

22  public school district education foundation upon notification

23  that the foundation district school board direct-support

24  organization has received and deposited a private contribution

25  which meets the criteria for matching as provided in this

26  section.  The public school district education foundations are

27  responsible for the maintenance, investment, and

28  administration of their school improvement and academic

29  improvement trust funds.

30         (b)  The public school district education foundation

31  direct-support organization serving the district school board

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    Florida House of Representatives - 1998                HB 4111

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  1  shall be responsible for soliciting and receiving

  2  contributions to be deposited and matched with challenge

  3  grants for establishing endowments for school improvement and

  4  academic achievement within the school district.

  5         (c)  Each public school district education foundation

  6  school board shall be responsible for proper expenditure of

  7  the funds received pursuant to this section.

  8         (6)  PROHIBITED USES.--The donations, state matching

  9  funds, or proceeds from endowments established pursuant to

10  this section shall be used at the discretion of the public

11  school district education foundation for improving schools and

12  academic achievement within the school district and shall not

13  be expended for the construction of facilities or for the

14  support of interscholastic athletics.  No public school

15  district education foundation school board or district school

16  board direct-support organization shall accept or purchase

17  facilities for which the state will be asked for operating

18  funds unless the Legislature has granted prior approval for

19  such acquisition.

20         Section 2.  This act shall take effect July 1 of the

21  year in which enacted.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Revises funding, allocation, and district-level
26    administration of Florida School Improvement and Academic
      Achievement Trust Fund grants.  Provides that public
27    school district education foundations shall receive and
      match challenge grants.
28

29

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