Senate Bill 0744
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Florida Senate - 2000 SB 744
By Senator Campbell
33-596-00
1 A bill to be entitled
2 An act relating to parental rights; amending s.
3 61.13, F.S.; providing that specified rights
4 apply to both parents; amending s. 228.056,
5 F.S.; providing that a charter school's charter
6 must address the school's plan for promoting
7 parental and community involvement in the
8 school; amending s. 230.23, F.S.; providing
9 that school boards must implement a program for
10 parental and guardian involvement in schools;
11 amending s. 231.17, F.S.; providing that
12 minimum competencies for professional
13 certification must include demonstrating
14 knowledge of the value of and strategies for
15 promoting parental and guardian involvement in
16 education; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (b) of subsection (2) of section
21 61.13, Florida Statutes, is amended to read:
22 61.13 Custody and support of children; visitation
23 rights; power of court in making orders.--
24 (2)
25 (b)1. The court shall determine all matters relating
26 to custody of each minor child of the parties in accordance
27 with the best interests of the child and in accordance with
28 the Uniform Child Custody Jurisdiction Act. It is the public
29 policy of this state to assure that each minor child has
30 frequent and continuing contact with both parents after the
31 parents separate or the marriage of the parties is dissolved
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1 and to encourage parents to share the rights and
2 responsibilities, and joys, of childrearing. After considering
3 all relevant facts, the father of the child shall be given the
4 same consideration as the mother in determining the primary
5 residence of a child irrespective of the age or sex of the
6 child.
7 2. The court shall order that the parental
8 responsibility for a minor child be shared by both parents
9 unless the court finds that shared parental responsibility
10 would be detrimental to the child. Evidence that a parent has
11 been convicted of a felony of the third degree or higher
12 involving domestic violence, as defined in s. 741.28 and
13 chapter 775, or meets the criteria of s. 39.806(1)(d), creates
14 a rebuttable presumption of detriment to the child. If the
15 presumption is not rebutted, shared parental responsibility,
16 including visitation, residence of the child, and decisions
17 made regarding the child, may not be granted to the convicted
18 parent. However, the convicted parent is not relieved of any
19 obligation to provide financial support. If the court
20 determines that shared parental responsibility would be
21 detrimental to the child, it may order sole parental
22 responsibility and make such arrangements for visitation as
23 will best protect the child or abused spouse from further
24 harm. Whether or not there is a conviction of any offense of
25 domestic violence or child abuse or the existence of an
26 injunction for protection against domestic violence, the court
27 shall consider evidence of domestic violence or child abuse as
28 evidence of detriment to the child.
29 a. In ordering shared parental responsibility, the
30 court may consider the expressed desires of the parents and
31 may grant to one party the ultimate responsibility over
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Florida Senate - 2000 SB 744
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1 specific aspects of the child's welfare or may divide those
2 responsibilities between the parties based on the best
3 interests of the child. Areas of responsibility may include
4 primary residence, education, medical and dental care, and any
5 other responsibilities that the court finds unique to a
6 particular family.
7 b. The court shall order "sole parental
8 responsibility, with or without visitation rights, to the
9 other parent when it is in the best interests of" the minor
10 child.
11 c. The court may award the grandparents visitation
12 rights with a minor child if it is in the child's best
13 interest. Grandparents have legal standing to seek judicial
14 enforcement of such an award. This section does not require
15 that grandparents be made parties or given notice of
16 dissolution pleadings or proceedings, nor do grandparents have
17 legal standing as "contestants" as defined in s. 61.1306. A
18 court may not order that a child be kept within the state or
19 jurisdiction of the court solely for the purpose of permitting
20 visitation by the grandparents.
21 3. Access to records and information pertaining to a
22 minor child, including, but not limited to, medical, dental,
23 and school records, may not be denied to a parent because the
24 parent is not the child's primary residential parent. Full
25 rights under this subparagraph apply to either parent unless
26 there is a court order that specifically revokes these rights.
27 A parent with rights under this subparagraph has the same
28 rights as to form, substance, and manner of access as are
29 available to the other parent of a child, including, without
30 limitation, the right to in-person communication with medical
31 and education providers.
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Florida Senate - 2000 SB 744
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1 Section 2. Paragraph (a) of subsection (9) of section
2 228.056, Florida Statutes, is amended to read:
3 228.056 Charter schools.--
4 (9) CHARTER.--The major issues involving the operation
5 of a charter school shall be considered in advance and written
6 into the charter. The charter shall be signed by the governing
7 body of the charter school and the sponsor, following a public
8 hearing to ensure community input.
9 (a) The charter must shall address, and criteria for
10 approval of the charter must shall be based on:
11 1. The school's mission, the students to be served,
12 and the ages and grades to be included.
13 2. The focus of the curriculum, the instructional
14 methods to be used, and any distinctive instructional
15 techniques to be employed.
16 3. The current incoming baseline standard of student
17 academic achievement, the outcomes to be achieved, and the
18 method of measurement that will be used. This section shall
19 include a detailed description for each of the following:
20 a. How the baseline student academic achievement
21 levels and prior rates of academic progress will be
22 established;
23 b. How these baseline rates will be compared to rates
24 of academic progress achieved by these same students while
25 attending the charter school; and
26 c. To the extent possible, how these rates of progress
27 will be evaluated and compared with rates of progress of other
28 closely comparable student populations.
29 4. The methods used to identify the educational
30 strengths and needs of students and how well educational goals
31 and performance standards are met by students attending the
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1 charter school. Students in charter schools shall, at a
2 minimum, participate in the statewide assessment program.
3 5. In secondary charter schools, a method for
4 determining that a student has satisfied the requirements for
5 graduation in s. 232.246.
6 6. A method for resolving conflicts between the
7 governing body of the charter school and the sponsor.
8 7. The admissions procedures and dismissal procedures,
9 including the school's code of student conduct.
10 8. The ways by which the school will achieve a
11 racial/ethnic balance reflective of the community it serves or
12 within the racial/ethnic range of other public schools in the
13 same school district.
14 9. The financial and administrative management of the
15 school, including a reasonable demonstration of the
16 professional experience or competence of those individuals or
17 organizations applying to operate the charter school or those
18 hired or retained to perform such professional services. Both
19 public sector and private sector professional experience shall
20 be equally valid in such a consideration.
21 10. The manner in which the school will be insured,
22 including whether or not the school will be required to have
23 liability insurance, and, if so, the terms and conditions
24 thereof and the amounts of coverage.
25 11. The term of the charter which shall provide for
26 cancellation of the charter if insufficient progress has been
27 made in attaining the student achievement objectives of the
28 charter and if it is not likely that such objectives can be
29 achieved before expiration of the charter. The initial term of
30 a charter shall be for 3, 4, or 5 years. In order to
31 facilitate access to long-term financial resources for charter
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1 school construction, charter schools that are operated by a
2 municipality or other public entity as provided by law are
3 eligible for up to a 15-year charter, subject to approval by
4 the local school board. In addition, to facilitate access to
5 long-term financial resources for charter school construction,
6 charter schools that are operated by a private,
7 not-for-profit, s. 501(c)(3) status corporation are eligible
8 for up to a 10-year charter, subject to approval by the local
9 school board. Such long-term charters remain subject to annual
10 review and may be terminated during the term of the charter,
11 but only for specific good cause according to the provisions
12 set forth in subsection (10).
13 12. The facilities to be used and their location.
14 13. The qualifications to be required of the teachers.
15 14. The governance structure of the school, including
16 the status of the charter school as a public or private
17 employer as required in subsection (7).
18 15. A timetable for implementing the charter which
19 addresses the implementation of each element thereof and the
20 date by which the charter shall be awarded in order to meet
21 this timetable.
22 16. In the case of an existing public school being
23 converted to charter status, alternative arrangements for
24 current students who choose not to attend the charter school
25 and for current teachers who choose not to teach in the
26 charter school after conversion in accordance with the
27 existing collective bargaining agreement or school board
28 policy in the absence of a collective bargaining agreement.
29 17. The school's plan for promoting parental and
30 community involvement in the school, including the teachers'
31 and the administration's communication with parents and
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1 guardians, including noncustodial parents, about school
2 programs and student progress; parent and guardian
3 volunteering opportunities; learning activities that support
4 classroom instruction; and collaboration with community
5 resources that support classroom instruction and child
6 development.
7 Section 3. Present subsection (20) of section 230.23,
8 Florida Statutes, is redesignated as subsection (21), and a
9 new subsection (20) is added to that section, to read:
10 230.23 Powers and duties of school board.--The school
11 board, acting as a board, shall exercise all powers and
12 perform all duties listed below:
13 (20) PARENTAL AND COMMUNITY INVOLVEMENT IN
14 EDUCATION.--Implement a program for parental and guardian
15 involvement in schools which addresses the teachers' and the
16 administration's communication with parents and guardians,
17 including noncustodial parents, about school programs and
18 student progress; parent and guardian volunteering
19 opportunities; learning activities that support classroom
20 instruction; and collaboration with community resources that
21 support classroom instruction and child development.
22 Section 4. Paragraph (a) of subsection (5) of section
23 231.17, Florida Statutes, is amended to read:
24 231.17 Official statements of eligibility and
25 certificates granted on application to those meeting
26 prescribed requirements.--
27 (5) MINIMUM COMPETENCIES FOR PROFESSIONAL
28 CERTIFICATE.--
29 (a) The state board must specify, by rule, the minimum
30 essential competencies that educators must possess and
31 demonstrate in order to qualify to teach students the
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1 standards of student performance adopted by the state board.
2 The minimum competencies must include but are not limited to
3 the ability to:
4 1. Write in a logical and understandable style with
5 appropriate grammar and sentence structure.
6 2. Read, comprehend, and interpret professional and
7 other written material.
8 3. Comprehend and work with mathematical concepts,
9 including algebra.
10 4. Recognize signs of students' difficulty with the
11 reading process and apply appropriate measures to improve
12 students' reading performance.
13 5. Recognize signs of severe emotional distress in
14 students and apply techniques of crisis intervention with an
15 emphasis on suicide prevention and positive emotional
16 development.
17 6. Recognize signs of alcohol and drug abuse in
18 students and know how to appropriately work with such students
19 and seek assistance designed to prevent future abuse.
20 7. Recognize the physical and behavioral indicators of
21 child abuse and neglect, know rights and responsibilities
22 regarding reporting, know how to care for a child's needs
23 after a report is made, and know recognition, intervention,
24 and prevention strategies pertaining to child abuse and
25 neglect which can be related to children in a classroom
26 setting in a nonthreatening, positive manner.
27 8. Comprehend patterns of physical, social, and
28 academic development in students, including exceptional
29 students in the regular classroom, and counsel these students
30 concerning their needs in these areas.
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1 9. Recognize and be aware of the instructional needs
2 of exceptional students.
3 10. Comprehend patterns of normal development in
4 students and employ appropriate intervention strategies for
5 disorders of development.
6 11. Identify and comprehend the codes and standards of
7 professional ethics, performance, and practices adopted
8 pursuant to s. 231.546(2)(b), the grounds for disciplinary
9 action provided by s. 231.28, and the procedures for resolving
10 complaints filed pursuant to this chapter, including appeal
11 processes.
12 12. Recognize and demonstrate awareness of the
13 educational needs of students who have limited proficiency in
14 English and employ appropriate teaching strategies.
15 13. Use and integrate appropriate technology in
16 teaching and learning processes and in managing, evaluating,
17 and improving instruction.
18 14. Use assessment and other diagnostic strategies to
19 assist the continuous development of the learner.
20 15. Use teaching and learning strategies that include
21 considering each student's culture, learning styles, special
22 needs, and socioeconomic background.
23 16. Demonstrate knowledge and understanding of the
24 subject matter that is aligned with the subject knowledge and
25 skills specified in the Sunshine State Standards and student
26 performance standards approved by the state board.
27 17. Recognize the early signs of truancy in students
28 and identify effective interventions to avoid or resolve
29 nonattendance behavior.
30 18. Demonstrate knowledge and skill in managing
31 student behavior inside and outside the classroom. Such
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1 knowledge and skill must include techniques for preventing and
2 effectively responding to incidents of disruptive or violent
3 behavior.
4 19. Demonstrate knowledge of and skill in developing
5 and administering appropriate classroom assessment instruments
6 designed to measure student learning gains.
7 20. Demonstrate the ability to maintain a positive
8 collaborative relationship with students' families to increase
9 student achievement.
10 21. Demonstrate knowledge and understanding of the
11 value of and strategies for promoting parental and guardian
12 involvement in education.
13 Section 5. This act shall take effect July 1, 2000.
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16 SENATE SUMMARY
17 Provides that rights of access to records and information
pertaining to a minor apply to both parents. Provides
18 that a charter school's charter must address the school's
plan for promoting parental and community involvement in
19 the school. Provides that school boards must implement a
program for parental and guardian involvement in schools.
20 Provides that minimum competencies for professional
certification must include demonstrating knowledge of the
21 value of and strategies for promoting parental and
guardian involvement in education.
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