House Bill 0701

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    Florida House of Representatives - 2000                 HB 701

        By the Committee on Education Appropriations and
    Representatives Sorensen, Wise, Chestnut, Constantine,
    Fiorentino, Henriquez, Lynn, Melvin, Turnbull, Posey and
    Lacasa



  1                      A bill to be entitled

  2         An act relating to public school funding;

  3         creating the Citizens Commission on Funding

  4         K-12 Education; providing legislative intent;

  5         providing composition, organization, and duties

  6         of the commission; assigning the commission to

  7         the Office of Legislative Services for fiscal

  8         and administrative purposes; authorizing

  9         reimbursement to members for per diem and

10         travel expenses incurred in the performance of

11         commission duties; providing for appointment of

12         a director and employment of staff; authorizing

13         entering into contracts or agreements for

14         required expertise; authorizing application for

15         and acceptance of funds and services from

16         public and private sources; requiring

17         submission of draft and final recommendations

18         to improve the system of funding K-12 education

19         to the Governor, the President of the Senate,

20         the Speaker of the House of Representatives,

21         and the Commissioner of Education, and

22         providing for termination of the commission

23         upon submission of the final recommendations;

24         providing for public hearings around the state

25         prior to submission of the final

26         recommendations; providing an appropriation;

27         providing an effective date.

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29         WHEREAS, the 1947 Legislature enacted a comprehensive

30  state system of public school funding referred to as the

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    Florida House of Representatives - 2000                 HB 701

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  1  Minimum Foundation Program (MFP), and the primary principles

  2  of that system of funding remained in effect for 26 years, and

  3         WHEREAS, at the end of more than 2 years of in-depth

  4  analysis and development, assisted by national experts in

  5  public school policy and funding, the 1973 Legislature enacted

  6  the Florida Education Finance Program (FEFP) to replace the

  7  MFP, and the primary principles of the FEFP have been in

  8  effect for 26 years, and

  9         WHEREAS, the 1994 Legislature enacted the Government

10  Performance and Accountability Act, requiring budgets to

11  include outcomes, performance measures, and standards, and

12         WHEREAS, the voters of the State of Florida, in the

13  November 1998 General Election, amended Section 1 of Article

14  IX of the State Constitution to state in part: "Adequate

15  provision shall be made by law for a uniform, efficient, safe,

16  secure, and high quality system of free public schools that

17  allows students to obtain a high quality education...," NOW,

18  THEREFORE,

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

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22         Section 1.  Citizens Commission on Funding K-12

23  Education.--

24         (1)  INTENT.--It is the intent of the Legislature that

25  Florida's state system of public school funding:

26         (a)  Continue to be constitutionally valid;

27         (b)  Continue to incorporate the fundamental principle

28  of fairness for both students and taxpayers through "equity in

29  funding," by matching state funds with local funds;

30         (c)  Continue to provide equity among schools within a

31  district as well as equity among school districts;

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  1         (d)  Be aligned to implement performance-based

  2  educational policies;

  3         (e)  Have as its major purpose the funding of direct

  4  instruction to students;

  5         (f)  Be administered at the state and local levels in a

  6  manner that incorporates appropriate provisions of

  7  accountability for student learning, together with efficient

  8  and effective use of resources to achieve this purpose;

  9         (g)  Not provide, without justification, preferential

10  funding to any district; and

11         (h)  Be simple to explain to the public.

12         (2)  CREATION OF COMMISSION.--The Citizens Commission

13  on Funding K-12 Education is hereby created and is assigned to

14  the Office of Legislative Services for fiscal and

15  administrative purposes. The commission shall be composed of

16  12 members who do not hold an elective office and who are

17  representative of the business and community leaders in each

18  region of the state. The Governor shall appoint four members,

19  including the chair and vice chair, the President of the

20  Senate shall appoint four members, and the Speaker of the

21  House of Representatives shall appoint four members. Members

22  of the commission shall serve without compensation, but may be

23  reimbursed for per diem and travel expenses incurred in the

24  performance of commission duties pursuant to s. 112.061,

25  Florida Statutes.

26         (3)  DUTIES OF COMMISSION.--

27         (a)  The commission shall examine Florida's system of

28  funding K-12 education as a whole entity, including the

29  interrelationship of the individual parts as they constitute

30  the total funding for the state and for each school district,

31  and shall also examine independently each specific component

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  1  of the system. Without limiting other areas of review or its

  2  recommendations, the commission shall review the following:

  3         1.  Any litigation that has challenged the

  4  constitutionality of Florida's system of educational funding,

  5  and any similar litigation in other states, during the past

  6  decade.

  7         2.  The relationship of state and local funding for

  8  current operations.

  9         3.  The maintenance of funding equity in the allocation

10  of dollars among districts and among schools within districts.

11         4.  The acquisition and support of technology to assist

12  in the instructional process.

13         5.  Funding support for parental choice in the

14  selection of educational services for their children.

15         6.  Funding public schools based on school performance

16  as measured by student achievement.

17         7.  The results and recommendations of public school

18  funding studies conducted by nationally recognized experts,

19  groups, and other states.

20         8.  Funding for students enrolled in "basic education

21  programs" compared to funding for students enrolled in

22  "special education programs."

23         9.  The differences among school districts in

24  identifying students for weighted funding.

25         10.  The use of prior year school district expenditures

26  to establish program cost factors.

27         11.  The ratio of classroom teachers to total school

28  district employees.

29         12.  The expenditure of funds for direct classroom

30  instruction compared to indirect expenditures.

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  1         13.  Funding of educational facilities, including

  2  district school impact fees, and funding for districts with

  3  the greatest unmet need for new classrooms based on a district

  4  effort index pursuant to s. 235.186, Florida Statutes.

  5         14.  The impact to local school districts of property

  6  which is exempt from ad valorem taxation for the purpose of

  7  public school funding.

  8         15.  Current practices relating to levels of ad valorem

  9  assessments.

10         16.  Funding of student transportation, including

11  rewards and sanctions based on efficient practices.

12         17.  The relationship between the use of categorical

13  funds and FEFP funds, and whether categorical funding should

14  be continued.

15         (b)  The chair of the commission shall appoint a

16  director who shall be the chief administrative officer of the

17  commission. With approval of the chair, the director may

18  employ research and support staff to serve the needs of the

19  commission. All members of the commission staff shall be state

20  employees and shall be exempt from the Career Service System.

21         (c)  The commission is authorized to enter into

22  contracts or agreements with individuals, organizations, or

23  firms to provide expertise required by the commission to

24  perform its duties.

25         (d)  The commission is authorized to apply for and

26  accept funds, grants, donations, expenses, in-kind services,

27  or other valued goods or services from the Federal Government

28  or any other public or private source, including in-kind

29  services of employees of the state Department of Education,

30  the school districts, and the state universities.

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  1         (e)  Following a thorough review and understanding of

  2  Florida's system of funding K-12 education, the commission

  3  shall submit recommendations to improve the system to the

  4  Governor, the President of the Senate, the Speaker of the

  5  House of Representatives, and the Commissioner of Education.

  6  Draft recommendations shall be submitted by February 1, 2002,

  7  and final recommendations shall be submitted by October 1,

  8  2002. The commission shall cease to exist after the submission

  9  of its final recommendations. The commission shall hold its

10  organizational meeting no later than September 1, 2000. Before

11  adopting final recommendations, the commission shall hold at

12  least one public hearing in the northeastern, panhandle,

13  central, and southern regions of the state.

14         Section 2.  There is hereby appropriated from the

15  General Revenue Fund to the Office of Legislative Services the

16  sum of $500,000 to be used to the extent necessary to pay the

17  expenses of the Citizens Commission on Funding K-12 Education

18  created by this act.

19         Section 3.  This act shall take effect upon becoming a

20  law.

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    Florida House of Representatives - 2000                 HB 701

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  2                          HOUSE SUMMARY

  3
      Creates the Citizens Commission on Funding K-12
  4    Education. Provides legislative intent. Provides
      composition, organization, and duties of the commission.
  5    Assigns the commission to the Office of Legislative
      Services for fiscal and administrative purposes.
  6    Authorizes reimbursement to members for per diem and
      travel expenses incurred in the performance of commission
  7    duties. Provides for appointment of a director and
      employment of staff. Authorizes entering into contracts
  8    or agreements for required expertise. Authorizes
      application for and acceptance of funds and services from
  9    public and private sources. Requires submission of draft
      and final recommendations to improve the system of
10    funding K-12 education to the Governor, the President of
      the Senate, the Speaker of the House of Representatives,
11    and the Commissioner of Education, and provides for
      termination of the commission upon submission of the
12    final recommendations. Provides for public hearings
      around the state prior to submission of the final
13    recommendations.

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