Senate Bill 0744

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



    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

                                  1

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






    Florida Senate - 2000                                   SB 744
    33-596-00




  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

                                  2

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






    Florida Senate - 2000                                   SB 744
    33-596-00




  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.

                                  3

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






    Florida Senate - 2000                                   SB 744
    33-596-00




  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

                                  4

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






    Florida Senate - 2000                                   SB 744
    33-596-00




  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

                                  5

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






    Florida Senate - 2000                                   SB 744
    33-596-00




  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

                                  6

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






    Florida Senate - 2000                                   SB 744
    33-596-00




  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

                                  7

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






    Florida Senate - 2000                                   SB 744
    33-596-00




  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.

31

                                  8

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






    Florida Senate - 2000                                   SB 744
    33-596-00




  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

                                  9

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






    Florida Senate - 2000                                   SB 744
    33-596-00




  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.

14

15            *****************************************

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.
22

23

24

25

26

27

28

29

30

31

                                  10