HOUSE AMENDMENT
                                            Bill No. CS/CS/HB 1533
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Wiles offered the following:
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13         Amendment (with title amendment) 
14         On page 12, line 5, through page 79, line 31,
15  remove from the bill:  all of said lines
16  
17  and insert in lieu thereof:  
18         Section 3.  Section 229.003, Florida Statutes, is
19  amended to read:
20         229.003  Florida education governance reorganization.--
21         (1)  Effective July 1, 2002, January 7, 2003, the
22  Florida Board of Education, created pursuant to s. 229.004,
23  shall be responsible for overseeing kindergarten through
24  graduate school education, in accordance with the
25  implementation process in s. 229.0072 and the policies and
26  guiding principles in s. 229.002 and the mission and goals of
27  s. 229.007.
28         (2)  Effective January 7, 2003, the Florida Board of
29  Education shall appoint the Commissioner of Education. 
30         (2) (3)  Effective July 1, 2002, January 7, 2003, there
31  are is established the following education governance officers
                                  1
    File original & 9 copies    04/23/01                          
    hmo0006                     01:43 pm         01533-0020-234981

HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 in addition to the Commissioner of Education: 2 (a) A Chancellor of Public Schools, K-12 Education 3 appointed by the Commissioner of Education. 4 (b) A Chancellor of Colleges and State Universities, 5 appointed by the Commissioner of Education. 6 (c) A Chancellor of Community Colleges and Career 7 Preparation, appointed by the Commissioner of Education. 8 (d) An Executive Director of Independent Nonpublic and 9 Nontraditional Education, appointed by the Commissioner of 10 Education. 11 12 Each chancellor and executive director shall be subject to 13 confirmation by the Florida Board of Education and shall serve 14 at the pleasure and under the authority of the Commissioner of 15 Education. 16 (3) (4) Effective July 1, 2000, The Governor shall 17 appoint a seven-member board of trustees for the Florida 18 Virtual On-Line High School, which shall be a body corporate 19 with all the powers of a body corporate. 20 (4) (5) Effective July 1, 2002, January 7, 2003, the 21 Governor shall appoint for each university in the State 22 University System, an 11-member a nine-member board of 23 trustees, which shall be a body corporate with all the powers 24 of a body corporate. In addition to the 11 members, a student 25 body president shall serve as an ex officio nonvoting member 26 of the board of trustees. There shall be no state residency 27 requirement for university board members, but the Governor 28 shall consider diversity and regional representation. Each 29 appointee is subject to confirmation by the Senate in the 30 regular legislative session immediately following his or her 31 appointment All members of the board of trustees of Florida 2 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 Atlantic University must reside within the service area of the 2 university; three must be residents of Broward County, three 3 must be residents of Palm Beach County, and three may be 4 residents of any county within the service area. 5 (5) Effective July 1, 2002: 6 (a) The Board of Regents is abolished. 7 (b) All of the powers, duties, functions, records, 8 personnel, and property; unexpended balances of 9 appropriations, allocations, and other funds; administrative 10 authority; administrative rules; pending issues; and existing 11 contracts of the Board of Regents are transferred by a type 12 two transfer, pursuant to s. 20.06(2), to the Florida Board of 13 Education. 14 (c) The State Board of Community Colleges is 15 abolished. 16 (d) All of the powers, duties, functions, records, 17 personnel, and property; unexpended balances of 18 appropriations, allocations, and other funds; administrative 19 authority; administrative rules; pending issues; and existing 20 contracts of the State Board of Community Colleges are 21 transferred by a type two transfer, pursuant to s. 20.06(2), 22 from the Department of Education to the Florida Board of 23 Education. 24 (e) The Postsecondary Education Planning Commission is 25 abolished. 26 (f) The Center for Education Policy Research and 27 Improvement is created and assigned for administrative 28 purposes to the Office of Program Policy Analysis and 29 Government Accountability (OPPAGA). 30 (g) All personnel, unexpended balances of 31 appropriations, and allocations of the Postsecondary Education 3 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 Planning Commission are transferred to the Center for 2 Education Policy Research and Improvement. 3 (h) The Articulation Coordinating Committee and the 4 Education Standards Commission are transferred by a type two 5 transfer, pursuant to s. 20.06(2), from the Department of 6 Education to the Florida Board of Education. 7 (i) Notwithstanding the provisions of s. 20.15, the 8 Commissioner of Education shall commence the reorganization of 9 the Department of Education in accordance with s. 229.0073, 10 which shall include an Office of the Commissioner of Education 11 comprised of the general areas of operation that are common to 12 all delivery sectors and, in addition, shall include: 13 1. The creation of an Office of Technology and 14 Information Services, an Office of Workforce and Economic 15 Development, an Office of Educational Facilities and SMART 16 Schools Clearinghouse, and an Office of Student Financial 17 Assistance. 18 2. The creation of a Division of Colleges and 19 Universities. 20 3. The creation of a Division of Community Colleges. 21 4. The creation of a Division of Public Schools. 22 5. The creation of a Division of Independent 23 Education. 24 6. The merger of the powers, duties, and staffs of the 25 State Board of Independent Colleges and Universities and the 26 State Board of Nonpublic Career Education, except as relating 27 to any independent nonprofit college or university whose 28 students are eligible to receive the William L. Boyd, IV, 29 Florida resident access grants pursuant to s. 240.605, into a 30 single Commission for Independent Education administratively 31 housed within the Division of Independent Education. 4 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 (6) Effective January 7, 2003, the powers and duties 2 of the following entities are relocated to the Florida Board 3 of Education, which shall retain all related funding and 4 budget authority for purposes of a single, seamless 5 kindergarten through graduate school education system and 6 single or coordinated budget and may retain or redistribute 7 the powers and duties of each entity in accordance with the 8 policies and guiding principles of s. 229.002, and the 9 entities shall cease to exist: 10 (a) The Board of Regents. 11 (b) The State Board of Community Colleges. 12 (c) The State Board of Independent Colleges and 13 Universities. 14 (d) The State Board of Nonpublic Career Education. 15 (e) The Division of Workforce Development of the 16 Department of Education. 17 (f) The Postsecondary Education Planning Commission. 18 (g) The Articulation Coordination Committee. 19 (h) The Division of Human Resource Development of the 20 Department of Education. 21 (i) The Division of Support Services of the Department 22 of Education. 23 (j) The Division of Administration of the Department 24 of Education. 25 (k) The Division of Financial Services of the 26 Department of Education. 27 (l) The Division of Technology of the Department of 28 Education. 29 (m) The Office of Student Financial Assistance of the 30 Department of Education. 31 (n) The Division of Universities of the Department of 5 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 Education. 2 (o) The Division of Community Colleges of the 3 Department of Education. 4 Section 4. Section 229.0031, Florida Statutes, is 5 created to read: 6 229.0031 Center for Education Policy Research and 7 Improvement.--Effective July 1, 2002, there is created the 8 Center for Education Policy Research and Improvement to 9 conduct and review education research, provide independent 10 analysis on education progress, and provide independent 11 evaluation of education issues of statewide concern. The 12 center shall have an independent advisory council and shall be 13 housed for administrative purposes in the Office of Program 14 Policy Analysis and Government Accountability. Administrative 15 functions of the center shall be provided by the Office of 16 Legislative Services pursuant to joint policies of the 17 Legislature. 18 (1) The center shall: 19 (a) Provide state policymakers, educators, and the 20 public with objective and timely information that supports the 21 seamless K-20 education system and the K-20 education 22 accountability process designed to provide all students an 23 opportunity for a high-quality education, in accordance with 24 the policies and guiding principles of s. 229.002 and the 25 performance accountability system in s. 229.007. 26 (b) Annually review and make recommendations to the 27 Legislature regarding the activities of research centers and 28 institutes supported with state funds in order to assess the 29 return on the state's investment in research conducted by 30 public postsecondary education institutions. Such 31 recommendations shall include the responses of the university 6 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 presidents. 2 (c) Explore national and state emerging educational 3 issues and examine how these issues should be addressed by 4 education institutions in Florida. 5 (d) Prepare and submit for approval by the Florida 6 Board of Education a long-range performance plan for K-20 7 education in Florida. Annually review the implementation of 8 the plan and make recommendations for improvement. 9 (e) Annually report on the progress of public schools 10 and postsecondary education institutions toward meeting 11 educational goals and standards as defined by s. 229.007. 12 Recommend to the Legislature and the Florida Board of 13 Education legislation and rules for the educational 14 accountability system that support the policies and guiding 15 principles of s. 229.002. 16 (f) Evaluate and report on issues pertaining to 17 student learning gains. 18 (g) Recommend to the Florida Board of Education 19 revisions and new initiatives to further improve the K-20 20 education accountability system. 21 (h) Provide public education institutions and the 22 public with information on the K-20 education accountability 23 system and recommend refinements and improvements. 24 (i) Apply for and receive grants for the study of K-20 25 education system improvement consistent with its 26 responsibilities. 27 (j) Conduct annual studies upon the request of the 28 Legislature or the Florida Board of Education. 29 (2) The center shall operate under the guidance of an 30 independent nine-member advisory council and the guiding 31 principles of s. 229.002. 7 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 (3) The advisory council shall be composed of five 2 members appointed by the Governor, two members appointed by 3 the Speaker of the House of Representatives, and two members 4 appointed by the President of the Senate. Each member shall be 5 appointed for a term of 6 years. However, for purposes of 6 continuity, the Governor shall appoint two members, the 7 Speaker of the House of Representatives shall appoint one 8 member, and the President of the Senate shall appoint one 9 member for a first term of 4 years. Members appointed for 4 10 years shall be eligible for one reappointment. Advisory 11 council members shall not include elected officials or 12 employees of public or independent education entities. Members 13 shall serve without compensation, but shall be reimbursed for 14 per diem and travel as provided in s. 112.061. Members who 15 miss two consecutive meetings shall be subject to replacement 16 by the appointing officer. The advisory council shall meet at 17 least four times per year and shall advise the center 18 executive director and staff on all matters pertaining to the 19 duties and responsibilities of the center. The advisory 20 council shall annually evaluate the performance of the center 21 executive director and shall report such evaluations to the 22 Governor. 23 (4) The executive director of the Center for Education 24 Policy Research and Improvement shall direct the activities of 25 the center and appoint and supervise all staff. The executive 26 director shall have broad knowledge and experience in 27 educational accountability, governance, policy, research, and 28 practice. The executive director shall be appointed by the 29 Governor and confirmed by the Florida Board of Education, and 30 shall serve at the pleasure of the advisory council. The 31 executive director shall staff the meetings of the advisory 8 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 council and shall document and communicate the findings and 2 recommendations of the advisory council. The executive 3 director shall report to the Florida Board of Education on at 4 least a quarterly basis to inform the board of the center's 5 findings. 6 (5) The center shall be staffed and funded as provided 7 for in the General Appropriations Act. The center shall have 8 access to all education performance and accountability data 9 collected or maintained by the Department of Education. During 10 the reorganization of the Department of Education as provided 11 for in this act, staff and funding may be transferred from the 12 Department of Education to the center to fulfill its statutory 13 functions. 14 Section 5. Section 229.004, Florida Statutes, is 15 amended to read: 16 229.004 Florida Board of Education.-- 17 (1)(a) In accordance with the implementation process 18 in s. 229.0072 Effective January 7, 2003, the Florida Board of 19 Education is established as a body corporate. The board shall 20 be a part-time citizen board consisting of seven members 21 appointed by the Governor to staggered 4-year terms, subject 22 to confirmation by the Senate, provided, however, that Senate 23 confirmation is not required for the members of the Florida 24 Board of Education to perform the duties as prescribed in this 25 education governance reorganization implementation act. 26 Members of the board shall serve without compensation, but 27 shall be entitled to reimbursement of travel and per diem 28 expenses in accordance with s. 112.061. Members may be 29 reappointed by the Governor for additional terms not to exceed 30 8 years of consecutive service. 31 (b) The Governor shall appoint the first chair of the 9 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 Florida Board of Education who shall serve for 2 years. After 2 expiration of the 2-year term and at the first regular meeting 3 of the board after July 1, the Florida Board of Education 4 shall select a chair and a vice chair from its appointed 5 members. The chair shall serve a 2-year term and may be 6 reselected for one additional consecutive term. The Florida 7 Board of Education shall have a chairperson who shall be 8 appointed by the Governor. 9 (2) The primary duties of the board shall be to 10 establish education goals and objectives consistent with the 11 policies and guiding principles of s. 229.002 and the mission 12 and goals of s. 229.007 and, together with the Commissioner of 13 Education, to oversee the implementation of and enforce 14 compliance with the education policies established by the 15 Legislature. The board, and the commissioner, shall establish, 16 operate, and maintain optimal efficiency of an Office of the 17 Commissioner of Education pursuant to s. 229.0061(2)(c) in 18 accordance with the guidelines of ss. 229.0061 and 229.0073 19 Board of Education. 20 (3) In performing its duties, the board, together with 21 the Commissioner of Education, shall: 22 (a) Ensure accountability and responsiveness to 23 Florida's citizens, including the establishment of a Citizen 24 Information Center that utilizes quick response and 25 customer-friendly methodologies. 26 (b) Establish and aggressively enforce efficient and 27 effective performance management objectives. 28 (c) Maximize the effectiveness of local, state, and 29 federal education linkages and funds. 30 (d) Issue guidelines for the development of 31 legislative budget requests for operations and fixed capital 10 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 outlay for the coordinated K-20 system. 2 (e)(d) Recommend one budget or a coordinated budget 3 and long-range program plans based on consistent policies for 4 a seamless kindergarten through graduate school education. 5 (f)(e) Adopt cohesive rules, within statutory 6 authority, for education systemwide issues, including rules 7 governing systemwide access to educational opportunities, and 8 ensure that rules adopted for the various education delivery 9 systems are compatible. 10 (g)(f) Ensure articulation and coordination within and 11 across the entire education delivery system. 12 (h)(g) Provide ongoing public information regarding 13 performance results for the entire kindergarten through 14 graduate school education system and each of its components. 15 (4) The board, with the Commissioner of Education, 16 shall be responsible for: 17 (a) The work of with the Chancellor of Public Schools 18 K-12 Education to establish, and maintain optimal efficiency 19 of, a Division an Office of Public Schools, within the 20 guidelines of ss. 229.0061 and 229.0073, and to achieve the 21 mission and goals of s. 229.007 K-12 Education. 22 (b) The work of with the Chancellor of Colleges and 23 State Universities to establish, and maintain optimal 24 efficiency of, a Division an Office of Colleges and State 25 Universities, within the guidelines of ss. 229.0061 and 26 229.0073, and to achieve the mission and goals of s. 229.007. 27 (c) The work of with the Chancellor of Community 28 Colleges and Career Preparation to establish, and maintain 29 optimal efficiency of, a Division an Office of Community 30 Colleges, within the guidelines of ss. 229.0061 and 229.0073, 31 and to achieve the mission and goals of s. 229.007 and Career 11 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 Preparation. 2 (d) The work of with the Executive Director of 3 Independent Nonpublic and Nontraditional Education to 4 establish, and maintain optimal efficiency of, a Division an 5 Office of Independent Nonpublic and Nontraditional Education, 6 within the guidelines of ss. 229.0061 and 229.0073 Services. 7 Section 6. Section 229.005, Florida Statutes, is 8 amended to read: 9 229.005 Florida education governance officers.-- 10 (1) COMMISSIONER OF EDUCATION.--The Commissioner of 11 Education shall work with the Florida Board of Education and 12 oversee the other education governance officers to focus be 13 appointed by the Board of Education from candidates of 14 national caliber and respected and proven organizational 15 leadership with established experience in administering 16 broad-based policy. The commissioner shall be a person who is 17 eminently capable of focusing the entire kindergarten through 18 graduate school education system on accomplishing to 19 accomplish the policies and guiding principles of s. 229.002 20 and achieving the mission and goals of s. 229.007. The 21 commissioner shall have the ability to successfully provide 22 education policy and planning direction, program development, 23 performance management, and funding allocation recommendations 24 across the spectrum of kindergarten through graduate school 25 education., and the ability to achieve and safeguard the will 26 of the people of Florida as expressed in s. 1, Art. IX of the 27 Florida Constitution, that "adequate provision shall be made 28 by law for a uniform, efficient, safe, secure, and high 29 quality system of free public schools that allows students to 30 obtain a high quality education and for the establishment, 31 maintenance, and operation of institutions of higher learning 12 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 and other public education programs that the needs of the 2 people may require." 3 (2) CHANCELLOR OF PUBLIC SCHOOLS K-12 EDUCATION.--The 4 Chancellor of Public Schools K-12 Education shall be appointed 5 by the Commissioner of Education based on his or her ability 6 to work as a division vice president of the seamless K-20 7 education system with the Florida Board of Education and the 8 other education governance officers to comply with the 9 policies and guiding principles of s. 229.002, to achieve the 10 mission and goals of s. 229.007, to enhance the quality of 11 public K-12 education in Florida, and to maximize the equity 12 of public K-12 education in Florida by moving the focus to the 13 school site and the individual student., and to achieve and 14 safeguard the will of the people of Florida as expressed in s. 15 1, Art. IX of the Florida Constitution, that "adequate 16 provision shall be made by law for a uniform, efficient, safe, 17 secure, and high quality system of free public schools that 18 allows students to obtain a high quality education. . . ." 19 (3) CHANCELLOR OF COLLEGES AND STATE 20 UNIVERSITIES.--The Chancellor of Colleges and State 21 Universities shall be appointed by the Commissioner of 22 Education based on his or her ability to work as a division 23 vice president of the seamless K-20 education system with the 24 Florida Board of Education and the other education governance 25 officers to comply with the policies and guiding principles of 26 s. 229.002, to achieve the mission and goals of s. 229.007, to 27 enhance the national reputation and quality of education and 28 educational research in Florida's colleges and state 29 universities, and to work directly with each of the college 30 and state university presidents and boards of trustees in 31 focusing on the education and educational research needs of 13 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 the individual college or university and its students. 2 (4) CHANCELLOR OF COMMUNITY COLLEGES AND CAREER 3 PREPARATION.--The Chancellor of Community Colleges and Career 4 Preparation shall be appointed by the Commissioner of 5 Education based on his or her ability to work as a division 6 vice president of the seamless K-20 education system with the 7 Florida Board of Education and the other education governance 8 officers to comply with the policies and guiding principles of 9 s. 229.002, to achieve the mission and goals of s. 229.007, to 10 enhance the quality of education in Florida's community 11 colleges, and to work directly with each of the community 12 college presidents and boards of trustees in focusing on the 13 education needs of the communities and students they serve. 14 (5) EXECUTIVE DIRECTOR OF INDEPENDENT NONPUBLIC AND 15 NONTRADITIONAL EDUCATION.--The Executive Director of 16 Independent Nonpublic and Nontraditional Education shall be 17 appointed by the Commissioner of Education based on his or her 18 ability to work as a division vice president of the seamless 19 K-20 education system with the Florida Board of Education and 20 the other education governance officers to comply with the 21 policies and guiding principles of s. 229.002, to protect the 22 independence, autonomy, and nongovernmental status of 23 independent education in Florida, to enhance the quality and 24 expand the offerings and innovations of independent nonpublic 25 and nontraditional education in Florida, to establish 26 partnerships with independent nonpublic education providers at 27 all levels to achieve these goals, and to work directly with 28 the Board of Trustees of the Florida Virtual On-Line High 29 School and with Florida's private school associations, home 30 education associations, independent nonpublic career education 31 institutions, and independent colleges and universities to 14 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 maximize educational choice and enhance the options, 2 educational alternatives, and student-focused delivery for 3 their students. 4 Section 7. Subsections (1), (4), (5), (6), and (7) of 5 section 229.006, Florida Statutes, are amended to read: 6 229.006 Education Governance Reorganization Transition 7 Task Force.-- 8 (1) In order to accomplish a smooth transition on 9 January 7, 2003, from the elected State Board of Education to 10 the appointed Florida Board of Education, there shall be 11 established the Education Governance Reorganization Transition 12 Task Force. All members of the task force shall be appointed 13 as soon as feasible but not later than October 1, 2000. The 14 task force shall be comprised of: 15 (a) Five members appointed by the Governor; 16 (b) Three members appointed by the President of the 17 Senate; and 18 (c) Three members appointed by the Speaker of the 19 House of Representatives. 20 21 The transition task force shall be charged with the duty to 22 identify issues, conduct research, develop the necessary 23 procedural and substantive framework, and make recommendations 24 to the Legislature for an orderly 3-year phase-in for a 25 seamless education continuum and a single or coordinated 26 kindergarten through graduate school budget in accordance with 27 the policies and guiding principles of s. 229.002, so that the 28 Florida Board of Education may immediately begin its work on 29 January 7, 2003, with maximum effectiveness. 30 (4) Having completed its recommendations to the 31 Legislature by March 1, 2001, the transition task force shall 15 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 redirect its focus to provide guidance and monitoring of the 2 implementation process pursuant to s. 229.0072 and to 3 regularly report to the Governor, the Legislature, the chief 4 transition officer, and the public on the progress of the 5 reorganization implementation process. If any implementation 6 activity is determined by a majority vote of the task force to 7 be inconsistent with the intent of this act, the chair of the 8 task force shall report such activity directly to the State 9 Board of Education, and the State Board of Education shall act 10 immediately to resolve the dispute. recommend to the 11 Legislature: 12 (a) How best to achieve education system integration 13 by: 14 1. Combining appropriate education functions and 15 policies into or under the new Florida Board of Education. 16 2. Devolving the education delivery services and 17 operational decisions to the appropriate location of delivery 18 to students, specifically the schools, community colleges, 19 colleges, universities, area technical centers, and other 20 education institutions or places where the students receive 21 their education. 22 3. Providing for a single or coordinated kindergarten 23 through graduate school education budget. 24 (b) How best to achieve economies in education 25 services, including recommendations concerning consolidation 26 of information systems and integrated performance and 27 financial accounting systems, while maximizing effectiveness 28 within existing resources and staff. 29 (c)1. Which, if any, current education staff functions 30 and resources should be eliminated, transferred, or realigned 31 within the proposed new education organizational structure. 16 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 2. A recommended salary structure for the Commissioner 2 of Education and for the chancellors. 3 (d) Whether an Office of Policy Research should be 4 established to explore emerging issues, locate successful and 5 innovative educational programs, and make recommendations to 6 the Governor, the Florida Board of Education, and the 7 Legislature and, if so, its mission, staffing, and location. 8 (e) The optimal mission of the Florida On-Line High 9 School and a methodology for the operation and funding of the 10 school to achieve that mission. 11 (f) The optimal location and structure of the Florida 12 Partnership for School Readiness. 13 (5) By March 1, 2002, the transition task force shall 14 recommend to the Legislature: 15 (a) Standards, definitions, and guidelines for 16 universities, colleges, community colleges, schools, and other 17 education institutions to ensure the quality of education, 18 systemwide coordination, and efficient progress toward 19 attainment of their appropriate missions. 20 (b) Rules and procedures as necessary to be followed 21 by university boards of trustees, community college boards of 22 trustees, and other boards of trustees, as determined 23 appropriate, for recruitment and selection of presidents, 24 procedures for annual evaluations of presidents, and 25 procedures for interaction between presidents, the boards of 26 trustees, and the new Florida Board of Education. 27 (c) A systemwide strategic plan for postsecondary 28 institutions that considers the role, in their respective 29 communities, of each of the institutions. 30 (d) Methodologies for degree program approval, 31 establishment of matriculation and tuition fees, and 17 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 coordination of colleges' and universities' budget requests. 2 (e) Any additional statutory changes needed during the 3 2002 legislative session to complete the education governance 4 reorganization transition. 5 (6) By March 1, 2003, the transition task force shall 6 recommend to the Legislature: 7 (a) Statutory changes necessary to accomplish the 8 policies and guiding principles of s. 229.002, including, but 9 not limited to, statutory changes necessitated by the repeal 10 and review provisions of subsection 3(8) of this act. 11 (b) Rulemaking authority for the new Florida Board of 12 Education and a plan and timetable for transition or 13 coordination of existing education sector agency rules and 14 rulemaking authority recommendations, if any, for education 15 agencies. 16 (c) Waiver authority, if any, for the Commissioner of 17 Education or the Florida Board of Education. 18 (5)(7) By March May 1, 2003, the transition task force 19 shall have completed its duties and shall make its final 20 report to the Governor, the Florida Board of Education, the 21 Commissioner of Education, the President of the Senate, the 22 Speaker of the House of Representatives, and the minority 23 leaders of each chamber. The final report shall include, but 24 is not limited to: 25 (a) A summary of the work and recommendations of the 26 task force and the status of full implementation of the K-20 27 education system. 28 (b) The status of all pending and completed actions on 29 orders and rules, all enforcement matters, and all 30 delegations, interagency agreements, and contracts with 31 federal, state, regional, and local governments and private 18 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 entities. 2 (c) Identification of any remaining or potential 3 duplication in the administration of state education laws and 4 rules, with specific recommendations to eliminate such 5 duplication and promote more efficient administration. 6 Section 8. Section 229.0061, Florida Statutes, is 7 created to read: 8 229.0061 Florida's K-20 education system; guidelines 9 for implementation; guidelines for structure, functions, and 10 organization.-- 11 (1) GUIDELINES FOR IMPLEMENTATION.-- 12 (a) Florida's seamless K-20 education system shall be 13 a decentralized system in which as many commissions, boards, 14 councils, and other excess layers of bureaucracy as possible 15 are eliminated. 16 (b) Florida's K-20 education system shall rely on a 17 single entity, the Florida Board of Education, as its single 18 strategic voice. If the board desires assistance on matters of 19 policy research or other issues, the board shall be authorized 20 to appoint a committee or committees to assist it on any and 21 all issues within the K-20 education system on an ad hoc 22 basis. 23 (c) Members of the Florida Board of Education shall 24 focus on high-level policy decisions. 25 (d) It is essential to the success of Florida's 26 seamless K-20 education system to have a fully operational 27 systemwide technology plan based on a common set of data 28 definitions. 29 (2) GUIDELINES FOR STRUCTURE, FUNCTIONS, AND 30 ORGANIZATION.-- 31 (a) Roles of the Legislature, the Florida Board of 19 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 Education, the education governance officers, and the 2 institutional boards of trustees and school boards.--The 3 Legislature shall establish education policy, enact education 4 laws, and appropriate and allocate education resources. The 5 Florida Board of Education shall enforce all laws, rules, and 6 guidelines and shall timely provide direction, resources, 7 assistance, intervention when needed, and strong incentives 8 and disincentives to force accountability for results. In 9 terms of major areas of responsibility, the Legislature, the 10 Florida Board of Education, the education governance officers, 11 and the institutional boards of trustees and school boards 12 shall each perform essential constituent roles. 13 (b) Florida Board of Education.--The Florida Board of 14 Education shall serve as the body corporate for Florida's 15 seamless K-20 education system; implement the coordinated 16 education vision; and, together with the commissioner, 17 chancellors, and executive director, oversee the success of 18 that vision. The Florida Board of Education shall: 19 1. Enforce systemwide education policies and goals. 20 2. Recommend annually the coordinated education budget 21 and authorize the allocation of resources in accordance with 22 law and rule. Any program recommended by the Florida Board of 23 Education which requires state funding for more than 1 year 24 must be presented in a multiyear budget plan. 25 3. Adopt long-term and short-term education plans. 26 4. Enforce education accountability standards and 27 measures of all components of the K-20 education system. 28 5. Accurately and continuously assess data and monitor 29 and report performance. 30 6. Provide high-quality assistance and intervention 31 when and where needed. 20 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 7. Provide timely and accurate information on all 2 public and independent education services. 3 8. Recommend to the Legislature the missions of the 4 public colleges and universities and community colleges. 5 (c) Commissioner of Education.--The Commissioner of 6 Education shall serve as secretary and executive director of 7 the State Board of Education. The commissioner shall propose 8 action on all issues that come before the state board and be 9 responsible for enforcing compliance with the mission and 10 goals of the seamless K-20 education system by all education 11 delivery sectors. The commissioner's office shall operate all 12 statewide functions necessary to support the Florida Board of 13 Education and the seamless K-20 education system, including 14 the following areas: 15 1. Legal. 16 2. Communications, including a Citizen Information 17 Center that provides quick response and uses customer-friendly 18 methods. 19 3. Strategic planning and budget development. 20 4. General administration. 21 5. Assessment and accountability. 22 6. Data management, education technology, and an 23 education data warehouse. 24 7. Access and opportunity, including student financial 25 assistance. 26 8. Policy research and development, except the Center 27 for Education Policy Research and Improvement. 28 9. Florida Board of Education personnel. 29 10. Workforce and economic development. 30 11. Educational facilities. 31 12. Technology and information services. 21 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 13. Student financial assistance. 2 14. Inspector General. 3 (d) Chancellors and executive director.--The 4 chancellors of the public schools, community colleges, and 5 colleges and universities divisions and the Executive Director 6 of the Division of Independent Education shall serve the 7 Florida Board of Education and the Commissioner of Education 8 in the role of division vice presidents of the K-20 education 9 system and as governance officers and critical members of the 10 state-level education leadership team. They shall each be held 11 responsible for providing leadership, administering programs, 12 resolving disputes, providing technical assistance, and timely 13 recommending action plans to the commissioner for sanctions or 14 intervention when needed, as well as making recommendations to 15 the board and the commissioner for strategic planning and 16 budget development for their respective education delivery 17 sectors. They shall support the governing policies and 18 responsibilities of the board and the commissioner and bear 19 primary responsibility for the achievement of the mission and 20 goals of the K-20 education system by their education delivery 21 sectors, as applicable to their sectors. They shall reinforce 22 the policies and principles of the seamless K-20 education 23 system in every venue and at every opportunity, and work 24 together to facilitate horizontal communications and 25 interactions between the education delivery sectors. 26 Specifically, as applicable, each education governance officer 27 shall: 28 1. Serve as the head of the division. 29 2. Supervise all employees and work of the division. 30 3. Properly and timely inform education institutions 31 and the public as to legislative action, including funding, 22 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 grant opportunities, and substantive policy changes affecting 2 the division. 3 4. Direct the review of expenditures of public funds 4 in accordance with legislative intent. 5 5. Evaluate the performance of each education 6 institution under the division and report performance results 7 to the public, the Legislature, the Commissioner of Education, 8 the Florida Board of Education, and the institution and its 9 governing board. 10 6. Direct institutional governing boards to take 11 corrective action to improve unsatisfactory performance 12 pursuant to law and rules of the Florida Board of Education. 13 7. Direct and oversee the development of the 14 division's accountability system and recommend changes to the 15 Commissioner of Education and the Florida Board of Education. 16 8. Direct the division's activities in order to 17 coordinate with other divisions to provide a seamless 18 education system. 19 9. Direct the provision of state services to 20 institutions under the division. 21 10. Direct the development of the division's 22 legislative budget request and work cooperatively with the 23 commissioner and other governance officers to develop a 24 coordinated budget request. 25 11. Serve as the primary point of contact and 26 communication for the division. 27 (e) Institutional boards of trustees and school 28 boards.--Each institutional board of trustees and school board 29 shall: 30 1. Provide strategic planning and budget development 31 for their institution or school district. 23 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 2. Implement and maintain high-quality education 2 programs within law and rules of the Florida Board of 3 Education. 4 3. Measure and enforce performance. 5 4. Provide timely and accurate reporting of 6 information. 7 5. Provide direct input on education issues to the 8 education governance officers. 9 6. Have broad latitude within law and rules of the 10 Florida Board of Education in developing local policies and 11 local programs to meet the needs of their students, their 12 communities, and area employers. 13 7. Hold presidents and appointed superintendents 14 responsible for institution and school performance. 15 8. Be responsible for the fiscal accountability of 16 their institution or school district. 17 9. Be responsible for compliance with all laws, rules 18 of the Florida Board of Education, and performance 19 accountability requirements. 20 (f) Presidents and superintendents.--Each 21 institutional president and school district superintendent 22 shall: 23 1. Be responsible for efficient and effective budget 24 and program administration. 25 2. Provide strong leadership to accomplish their 26 education missions and goals. 27 3. Closely monitor education performance. 28 4. Provide timely and accurate financial and 29 performance data. 30 5. Link instructional staff evaluations to student 31 performance. 24 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 (g) Ad hoc advisory committees.--Advisory bodies shall 2 be appointed on an ad hoc basis by the Florida Board of 3 Education to serve the board, commissioner, and chancellors 4 when and as needed by studying and recommending action on 5 major issues that affect the direction and quality of 6 education, providing public forums for debate, and 7 safeguarding a coordinated systemwide approach to education 8 policy decisions. 9 Section 9. Section 229.007, Florida Statutes, is 10 created to read: 11 229.007 Florida's K-20 education performance 12 accountability system; legislative intent; mission, goals, and 13 systemwide measures.-- 14 (1) LEGISLATIVE INTENT.--It is the intent of the 15 Legislature that: 16 (a) The performance accountability system implemented 17 to assess the effectiveness of Florida's seamless K-20 18 education delivery system provide answers to the following 19 questions in relation to its mission and goals: 20 1. What is the public getting in return for funds it 21 invests in education? 22 2. How is Florida's K-20 education system performing 23 in terms of educating its students? 24 3. How are the major delivery sectors performing to 25 promote student achievement? 26 4. How are individual schools and postsecondary 27 education institutions performing their responsibility to 28 educate their students as measured by how students are 29 performing and how much they are learning? 30 (b) The Florida Board of Education recommend to the 31 Legislature systemwide performance standards; the Legislature 25 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 establish systemwide performance measures and standards; and 2 the systemwide measures and standards provide Floridians with 3 information on what the public is getting in return for the 4 funds it invests in education and how well the K-20 system 5 educates its students. 6 (c) The Florida Board of Education establish 7 performance measures and set performance standards for 8 individual components of the public education system, 9 including individual schools and postsecondary education 10 institutions, which measures and standards are based primarily 11 on student achievement. 12 (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The 13 mission of Florida's K-20 education system, when it becomes 14 fully operational, shall be to increase the proficiency of all 15 students within one seamless, efficient system, by providing 16 them with the opportunity to expand their knowledge and skills 17 through learning opportunities and research valued by 18 students, parents, and communities, and to maintain an 19 accountability system that measures student progress toward 20 the following goals: 21 (a) Highest student achievement, as measured by: 22 student FCAT performance and annual learning gains; the number 23 and percentage of schools that improve at least one school 24 performance grade designation or maintain a school performance 25 grade designation of "A" pursuant to s. 229.57; graduation or 26 completion rates at all learning levels; and other measures 27 identified in law or rule. 28 (b) Seamless articulation and maximum access, as 29 measured by: the percentage of students who demonstrate 30 readiness for the educational level they are entering, from 31 kindergarten through postsecondary education and into the 26 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 workforce; the number and percentage of students needing 2 remediation; the percentage of Floridians who complete 3 associate, baccalaureate, professional, and postgraduate 4 degrees; the number and percentage of credits that articulate; 5 the extent to which each set of exit-point requirements 6 matches the next set of entrance-point requirements; and other 7 measures identified in law or rule. 8 (c) Skilled workforce and economic development, as 9 measured by: the number and percentage of graduates employed 10 in their areas of preparation; the percentage of Floridians 11 with high school diplomas and postsecondary education 12 credentials; the percentage of business and community members 13 who find that Florida's graduates possess the skills they 14 need; and other measures identified in law or rule. 15 (d) Quality efficient services, as measured by: cost 16 per completer or graduate; average cost per noncompleter at 17 each educational level; cost disparity across institutions 18 offering the same degrees; the percentage of education 19 customers at each educational level who are satisfied with the 20 education provided; and other measures identified in law or 21 rule. 22 Section 10. Section 229.0072, Florida Statutes, is 23 created to read: 24 229.0072 Reorganization implementation process.--In 25 order to best achieve the legislative purpose of the Florida 26 Education Governance Reorganization Implementation Act: 27 (1) The Governor shall appoint the members of the 28 boards of trustees of the state universities in accordance 29 with s. 229.008. 30 (2) Effective July 1, 2002, the Governor shall appoint 31 a seven-member Florida Board of Education. The Florida Board 27 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 of Education shall be housed within, and operate under the 2 direction of, the State Board of Education. The Florida Board 3 of Education shall appoint a chief transition officer who 4 shall serve as the board's primary liaison with all entities 5 involved in the reorganization of education. The chief 6 transition officer shall be responsible directly to the 7 Florida Board of Education and shall serve as staff to the 8 board on all action items relating to the reorganization. 9 During the reorganization implementation period, the chief 10 transition officer shall: 11 (a) Be responsible for proposing actions regarding all 12 education governance reorganization implementation issues. 13 (b) Be responsible for integration of the Department 14 of Education as it is reorganized into an agency of the 15 Governor. 16 (c) Serve as secretary of the Florida Board of 17 Education. 18 (d) Serve as the head of the Education Reorganization 19 Workgroup. 20 (e) Serve as the head of the K-20 education leadership 21 team. 22 (3) The Florida Board of Education shall establish a 23 detailed procedure for the implementation of a systemwide K-20 24 technology plan which includes a month-by-month timeline with 25 monthly progress reports to the board. 26 (4) Subject to review and approval of the State Board 27 of Education, the Florida Board of Education shall: 28 (a) Adopt rules pursuant to ss. 120.536(1) and 120.54 29 to implement provisions of law conferring duties upon it. The 30 rules shall be submitted to the State Board of Education. If 31 any rule is not disapproved by the State Board of Education 28 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 within 45 days after its receipt, the rule shall be filed 2 immediately with the Department of State. 3 (b) Prepare and submit a coordinated K-20 education 4 budget to the Governor and Legislature that clearly defines 5 the individual needs of the divisions within the Department of 6 Education. No school district shall use public funds to 7 support activities of an employee organization. The Florida 8 Board of Education shall adopt rules implementing this 9 restriction on the use of public funds and shall not allow 10 such use of public funds to be included in its recommended 11 budget, except for collective bargaining negotiations. 12 (c) Establish a work plan and timeline for the orderly 13 implementation of the transition, including a fully detailed 14 plan and timeline for the devolution of duties, as 15 appropriate, to the university boards of trustees. 16 (d) Establish accountability standards for existing 17 legislative performance goals, standards, and measures, and 18 order the development of mechanisms to implement new 19 legislative goals, standards, and measures. 20 (e) Supervise the coordination of institutions and 21 delivery sectors. 22 (f) Establish policies for university and community 23 college boards of trustees to follow in selecting presidents. 24 (g) Approve plans and reports, and take other 25 necessary actions pertaining to the supervision of education. 26 (h) Effectuate the timely implementation of the 27 seamless K-20 education system. 28 (i) Establish advisory boards to provide the support 29 needed to address issues such as public education facilities 30 planning; student issues; instructional issues; distance 31 learning and technology; academic quality, freedom, and 29 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 responsibility; and research. 2 (j) Develop and review recommendations on issues of 3 statewide importance, such as technology systems and 4 facilities. 5 (k) Adopt criteria and implementation plans for future 6 growth issues, such as new colleges and universities and 7 campus mergers; and provide for cooperative agreements between 8 and within public and private education sectors. 9 (l) Advise the State Board of Education regarding the 10 issuance of bonds. 11 (m) Appoint advisory bodies, as necessary, on an ad 12 hoc basis. 13 (n) Develop and recommend to the Education Governance 14 Reorganization Transition Task Force, the Governor, the chief 15 transition officer, the Commissioner of Education, and the 16 Legislature, no later than January 1, 2003, for adoption 17 during 2003, a clear, concise new School Code, comprised of 18 the revision of chapters 228-246, to accomplish the 19 implementation, administration, and operation of Florida's 20 seamless K-20 education system in accordance with the 21 guidelines included in s. 229.0061. 22 (o) Receive, review, and make decisions regarding 23 charter school appeals, which decisions shall be binding 24 notwithstanding any provision of law to the contrary. 25 (5) Effective July 1, 2002, the Commissioner of 26 Education shall: 27 (a) Work with the Florida Board of Education to 28 achieve full implementation of the seamless K-20 education 29 system. 30 (b) Commence reorganization of the Department of 31 Education as a state agency of the Governor in accordance with 30 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 legislative guidelines pursuant to s. 229.0073, the 2 requirements of s. 229.003(5), and requests of the Florida 3 Board of Education as approved by the State Board of 4 Education. 5 (c) As secretary of the State Board of Education, 6 assist the chief transition officer in determining the agenda 7 for the Florida Board of Education and provide the Florida 8 Board of Education and the State Board of Education the full 9 support of the reorganized Department of Education. 10 Section 11. Section 229.0073, Florida Statutes, is 11 created to read: 12 229.0073 Reorganization of the Department of 13 Education.--Effective July 1, 2002, notwithstanding the 14 provisions of s. 20.15, the chief transition officer's 15 Education Reorganization Workgroup is established to direct 16 and provide oversight for the reorganization of Florida's K-20 17 Department of Education. The workgroup shall be comprised of 18 the Commissioner of Education, the Governor or his designee, 19 the chief transition officer, the Chancellor of Colleges and 20 Universities, the Chancellor of Community Colleges, the 21 Chancellor of Public Schools, and the Executive Director of 22 Independent Education, who shall consult with the legislative 23 members of the Education Governance Reorganization Transition 24 Task Force. The reorganization shall: 25 (1) Eliminate duplication across divisions; achieve 26 greater efficiencies in financial and human resources and 27 education services; and identify functions, resources, and 28 services that should be eliminated, transferred, or realigned. 29 (2) Include a review and assessment of all bureaus, 30 offices, divisions, and functions of the department 31 reorganized pursuant to this section. 31 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 (3) Establish an Office of the Commissioner of 2 Education that includes the general areas of operation that 3 are common to all delivery sectors, such as administration, 4 communication, legal services, financial aid, and government 5 and public relations, in order to increase efficiency, improve 6 service delivery to students, and fully support the 7 operational needs of the Florida Board of Education. 8 (4) Establish the following divisions within the 9 department: 10 (a) Division of Public Schools (K-12).--The state's 11 public elementary, middle, junior high, and high schools, as 12 well as combination schools, charter schools, district magnet 13 programs, and area technical centers. 14 (b) Division of Community Colleges.--The state's 28 15 public community colleges. 16 (c) Division of Colleges and Universities.--The 17 state's public universities and colleges and the 4-year 18 independent colleges and universities whose students are 19 eligible to receive the William L. Boyd, IV, Florida resident 20 access grants pursuant to s. 240.605, to enable more effective 21 articulation between these public and private institutions. 22 The division chancellor shall administer those provisions of 23 chapter 246 that apply to the independent colleges and 24 universities within the division and shall establish a liaison 25 responsible for partnerships that enhance articulation between 26 and communication with Florida's 4-year independent colleges 27 and universities. 28 (d) Division of Independent Education.--The 29 independent education providers within the state, including 30 home education programs that meet the requirements of s. 31 232.0201, private K-12 institutions as described in s. 32 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 229.808, independent colleges and universities, except those 2 identified under paragraph (c), and private postsecondary 3 career preparation and vocational training institutions. 4 1. The division shall be under an executive director 5 and shall house a new commission, appointed by the Governor, 6 to oversee licensing of independent postsecondary 7 institutions, consumer protection, and program improvement. 8 The commission shall have the powers and duties of the State 9 Board of Independent Colleges and Universities specified in 10 chapter 246, except the powers and duties relating to those 11 institutions identified under paragraph (c), and of the State 12 Board of Nonpublic Career Education. 13 2. The division shall serve as the advocate for and 14 liaison to the independent education providers identified in 15 this paragraph. 16 3. The executive director of the division shall 17 establish a mechanism for regular interaction and input from 18 independent education providers in the development of policies 19 that provide seamless articulation for all students. 20 4. The division shall afford students and parents 21 educational options apart from the public K-20 system. 22 (5) Establish the following offices within the Office 23 of the Commissioner of Education which shall coordinate their 24 activities with all other divisions and offices: 25 (a) Office of Technology and Information Services.--In 26 conjunction with the Chancellor of Public Schools, the 27 Chancellor of Community Colleges, and the Chancellor of 28 Colleges and Universities, the office shall be responsible for 29 developing a systemwide technology plan, making budget 30 recommendations to the commissioner, providing data collection 31 and management for the system, and coordinating services with 33 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 other state, local, and private agencies. The office shall 2 develop a method to address the need for a statewide approach 3 to planning and operations of library and information services 4 to achieve a single K-20 education system library information 5 portal and a unified higher education library management 6 system. The Florida Virtual High School shall be 7 administratively housed within the office. 8 (b) Office of Workforce and Economic Development.--The 9 office shall evaluate the role of each sector of education in 10 Florida's workforce and economic development, assess the 11 specific work skills and variety of careers provided, and 12 report to the Florida Board of Education the effectiveness of 13 each sector. 14 (c) Office of Educational Facilities and SMART Schools 15 Clearinghouse.--The office shall validate all educational 16 plant surveys and verify Florida Inventory of School Houses 17 (FISH) data. The office shall provide technical assistance to 18 public school districts when requested. The office, staff, 19 property, and functions of the SMART Schools Clearinghouse are 20 transferred by a type two transfer, pursuant to s. 20.06(2), 21 from the Department of Management Services to the Office of 22 Educational Facilities and SMART Schools Clearinghouse within 23 the Office of the Commissioner of Education. 24 (d) Office of Student Financial Assistance.--The 25 office shall provide access to and administer state and 26 federal grants, scholarships, and loans to those students 27 seeking financial assistance for postsecondary study pursuant 28 to program criteria and eligibility requirements. 29 (6) Establish a K-20 education leadership team, 30 including, but not limited to, the chief transition officer 31 and the education governance officers. The leadership team 34 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 shall be responsible for systemwide horizontal and vertical 2 communication, and assisting the achievement of the seamless 3 K-20 education system. 4 Section 12. Section 229.0074, Florida Statutes, is 5 created to read: 6 229.0074 Division of Independent Education.-- 7 (1) The mission of the Division of Independent 8 Education is to enhance the opportunity to raise the 9 educational attainment levels of students pursuing their 10 education in nongovernment settings by representing their 11 interests, and those of the institutions that serve them, in 12 the Department of Education. The Division of Independent 13 Education has no authority over the institutions or students 14 in Florida's independent education sector. The Commission for 15 Independent Education, administratively housed within the 16 division, shall have such authority as specified in chapter 17 246 relating to independent postsecondary education, except 18 regarding those institutions described in s. 229.0073(4)(c). 19 The division shall serve as the advocate for, and liaison to, 20 independent education providers and institutions, including 21 home education programs that meet the requirements of s. 22 232.0201, private K-12 institutions as described in s. 23 229.808, independent colleges and universities except as 24 otherwise provided in s. 229.0073(4)(c), and private 25 postsecondary career preparation/vocational training 26 institutions. 27 (2) The executive director of the division shall 28 establish a mechanism for regular interaction and input from 29 independent education providers in the development of policies 30 that provide seamless articulation for all students. The 31 executive director shall: 35 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 (a) Learn the interests and concerns of the students 2 and providers of independent education at all levels in order 3 to strongly represent them in the Department of Education. 4 (b) Articulate the interests and concerns of the 5 students and providers of independent education at all levels 6 in all relevant government settings, accurately reflecting the 7 consensus or differences in opinion among those represented. 8 (c) Participate with the other division heads in key 9 education decisionmaking processes. 10 (d) Monitor and participate in rulemaking and other 11 activities relevant to the interests of the independent 12 education sector. 13 (e) Serve as a key spokesperson for the independent 14 education sector. 15 (f) Advocate for any necessary educational services 16 and funds for independent education sector families and 17 schools. 18 (g) Establish a clearinghouse of information. 19 (h) Foster a collaborative spirit and working 20 relationship among the institutions of the private and public 21 sectors. 22 (i) Identify and convey the best practices of the 23 independent education sector for the benefit of the other 24 education delivery sectors, and vice versa. 25 (j) Augment, where appropriate, the efforts of groups 26 representing the students and providers of independent 27 education to communicate their concerns to government. 28 (k) Facilitate the administration of education 29 services provided by the Department of Education to the 30 independent education sector, such as those relating to 31 teacher certification and background checks. 36 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 (l) Encourage student-centered funding and the 2 expansion of family choice in education. 3 (m) Develop and propose courses of action to the 4 representatives of the independent education sector. 5 (n) Communicate relevant decisions to the independent 6 education sector. 7 (o) Establish and oversee the division staff necessary 8 to carry out the division's functions in the most economical 9 and effective manner. 10 (p) Evaluate pending policies to ensure they do not 11 place additional regulation or mandates on the independent 12 education community. 13 (3) The powers and duties of the State Board of 14 Independent Colleges and Universities and the State Board of 15 Nonpublic Career Education, except as relating to any 16 independent nonprofit college or university whose students are 17 eligible to receive the William L. Boyd, IV, Florida resident 18 access grants pursuant to s. 240.605, shall be combined and 19 transferred to a single board named the Commission for 20 Independent Education, which shall be administratively housed 21 within the division. This single board shall authorize 22 granting of certificates, diplomas, and degrees for 23 independent postsecondary education institutions through 24 exemption, registration, authorization, and licensing. 25 (4) The Commission for Independent Education shall 26 consist of six citizens who are residents of this state. The 27 commission shall function in matters relating to independent 28 postsecondary education institutions in consumer protection, 29 program improvement, registration, authorization, licensure, 30 and certificate of exemption from licensure for institutions 31 under its purview, in keeping with the stated goals of the 37 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 seamless K-20 education system. The commission shall appoint 2 an executive director to serve as secretary of the commission 3 and shall elect a chair and other officers as needed from 4 among its membership. Members of the commission shall be 5 appointed by the Governor and confirmed by the Senate. The 6 commission shall be composed of six members, as follows: 7 (a) One member from an independent college or 8 university that enrolls students who receive state or federal 9 financial aid. 10 (b) One member from an independent college or 11 university that does not enroll students who receive state or 12 federal financial aid excluding veteran's benefits. 13 (c) One member from an independent nondegree granting 14 school that enrolls students who receive state or federal 15 financial aid. 16 (d) One member from a public school district or 17 community college who is an administrator of 18 vocational-technical education. 19 (e) Two lay members who are not affiliated with an 20 independent postsecondary education institution. 21 (5) The establishment of the Division of Independent 22 Education shall not be construed to advance the extension or 23 expansion of government regulation on independent or home 24 education programs. 25 Section 13. Section 229.008, Florida Statutes, is 26 created to read: 27 229.008 Boards of trustees of the state 28 universities.-- 29 (1)(a) Effective July 1, 2002, and no later than 30 November 1, 2002, the Governor shall appoint an 11-member 31 board of trustees for each university in the State University 38 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 System, each member to be confirmed by the Senate in the 2 regular legislative session immediately following his or her 3 appointment. In addition, a student body president shall serve 4 as an ex officio nonvoting member of his or her university 5 board of trustees. The ex officio student member shall provide 6 input to the board of trustees regarding agenda issues. There 7 shall be no state residency requirement for university board 8 members, but the Governor shall consider diversity and 9 regional representation. Members of the boards of trustees 10 shall receive no compensation but may be reimbursed for travel 11 and per diem expenses as provided in s. 112.061. 12 (b) The Governor may remove a trustee upon the 13 recommendation of the Florida Board of Education, or for 14 cause. 15 (2) Each board of trustees shall be a public body 16 corporate by the name of "The (name of university) Board of 17 Trustees," with all the powers of a body corporate, including 18 a corporate seal, the power to contract and be contracted 19 with, to sue and be sued, to plead and be impleaded in all 20 courts of law or equity, and to give and receive donations. In 21 all suits against a board of trustees, service of process 22 shall be made on the chair of the board or, in the absence of 23 the chair, on the corporate secretary or designee. 24 (3) Boards of trustees' members shall be appointed for 25 staggered 4-year terms, and may be reappointed for additional 26 terms not to exceed 8 years of service. 27 (4) Each board of trustees shall select its chair and 28 vice chair from the appointed members at its first regular 29 meeting after July 1. The chair shall serve for 2 years and 30 may be reselected for one additional consecutive term. The 31 duties of the chair shall include presiding at all meetings of 39 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 the board, calling special meetings of the board, attesting to 2 actions of the board, and notifying the Governor in writing 3 whenever a board member fails to attend three consecutive 4 regular board meetings in any fiscal year, which failure may 5 be grounds for removal. The duty of the vice chair is to act 6 as chair during the absence or disability of the chair. 7 (5) The university president shall serve as executive 8 officer and corporate secretary of the board of trustees and 9 shall be responsible to the board for all operations of the 10 university and for setting the agenda for meetings of the 11 board in consultation with the chair. 12 (6) Upon appointment, each board of trustees shall 13 commence professional orientation, training, and board 14 development activities, and shall begin setting direction for 15 its university in keeping with accountability and performance 16 expectations of the seamless K-20 education system. Each board 17 of trustees shall submit to the Florida Board of Education 18 action plans and timelines for devolution of duties and 19 responsibilities to the board of trustees. 20 (7) The boards of trustees shall be responsible for 21 cost-effective policy decisions appropriate to the 22 university's mission, the implementation and maintenance of 23 high-quality education programs within law and rules of the 24 Florida Board of Education, the measurement of performance, 25 the reporting of information, and the provision of input 26 regarding state policy, budgeting, and education standards. 27 (8) Whenever any civil action has been brought against 28 any member of a university board of trustees or employee for 29 any act or omission arising out of and in the course of the 30 performance of his or her duties and responsibilities, the 31 university board of trustees may defray all costs of defending 40 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 such action, including reasonable attorney's fees and expenses 2 together with costs of appeal, and may save harmless and 3 protect such person from any financial loss resulting from the 4 lawful performance of his or her duties and responsibilities. 5 Claims based on such actions or omissions may, in the 6 discretion of the university board of trustees, be settled 7 prior to or after the filing of suit thereon. The board of 8 trustees may arrange for and pay the premium for appropriate 9 insurance to cover all such losses and expenses. 10 (9) University boards of trustees shall be 11 "corporations primarily acting as instrumentalities or 12 agencies of the state," pursuant to s. 768.28(2), for purposes 13 of sovereign immunity. 14 Section 14. Section 229.0081, Florida Statutes, is 15 created to read: 16 229.0081 Powers and duties of university boards of 17 trustees.-- 18 (1) Notwithstanding the provisions of chapter 240, 19 each university board of trustees is vested with the authority 20 to govern and set policy for its university, as necessary to 21 provide proper governance and improvement of the university in 22 accordance with law and with rules of the Florida Board of 23 Education. Each board of trustees shall perform all duties 24 assigned by law or by rule of the Florida Board of Education 25 or the Commissioner of Education. 26 (2) Notwithstanding the provisions of chapter 240, 27 each university board of trustees may adopt rules and policies 28 consistent with the university mission, with law, and with 29 rule of the Florida Board of Education, including rules and 30 policies for the following: 31 (a) Selecting the president to serve at the pleasure 41 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 of the board and perform such duties as are assigned by the 2 board or otherwise provided by law or by rule. 3 (b) Fixing the compensation and other conditions of 4 employment of the president. 5 (c) Conducting periodic evaluations of the president, 6 submitting such evaluations to the Chancellor for review, and 7 suspending or removing the president in accordance with 8 guidelines established by the Chancellor. 9 (d) Appointing a presidential search committee to make 10 recommendations to the full board of trustees, from which the 11 board shall select a candidate for reference to the Chancellor 12 and ratification by the Florida Board of Education. 13 (e) In consultation with the university president, 14 defining and developing a strategic plan for the university 15 for recommendation to the Chancellor, the Commissioner of 16 Education, and the Florida Board of Education, as provided by 17 law, specifying institutional goals and objectives. 18 (f) In consultation with the university president, 19 providing for academic freedom and academic responsibility at 20 the university. 21 (g) In consultation with the university president, 22 submitting an institutional budget request, including a 23 request for fixed capital outlay, to the Chancellor in 24 accordance with guidelines established by the Florida Board of 25 Education. 26 (h) Approving new, and terminating existing, 27 undergraduate and graduate degree programs up to and including 28 the master's degree level, based on criteria established by 29 the Florida Board of Education. 30 (i) Purchasing, acquiring, receiving, holding, owning, 31 managing, leasing, selling, disposing of, and conveying title 42 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 to real property, in accordance with rules and guidelines of 2 the Florida Board of Education. 3 (j) Entering into agreements for and accepting credit 4 card, charge card, and debit card payments as compensation for 5 goods, services, tuition, and fees. 6 (k) Establishing codes of conduct and appropriate 7 penalties for violations of university rules by students and 8 student organizations, including rules governing student 9 academic honesty. 10 (l) Establishing a committee, at least one-half of the 11 members of which shall be students appointed by the student 12 body president, to periodically review and evaluate the 13 student judicial system. 14 (m) Administering the personnel program for all 15 employees of the university in accordance with law and with 16 rules and guidelines of the Florida Board of Education, 17 including: compensation and other conditions of employment, 18 recruitment and selection, nonreappointment, standards for 19 performance and conduct, evaluation, benefits and hours of 20 work, recognition, inventions and works, travel, learning 21 opportunities, academic freedom and responsibility, promotion, 22 assignment, demotion, transfer, tenure and permanent status, 23 ethical obligations and conflicts of interest, restrictive 24 covenants, disciplinary actions, complaints, appeals and 25 grievance procedures, and separation and termination from 26 employment. 27 (n) Establishing and maintaining a personnel exchange 28 program. 29 (o) Governing admission of students subject to the 30 rules of the Florida Board of Education. 31 (p) Considering the past actions of any person 43 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 applying for admission, enrollment, or employment, and 2 establishing policies to deny admission, enrollment, or 3 employment to an applicant because of misconduct if determined 4 to be in the best interest of the university. 5 (q) Ensuring compliance with federal laws, 6 regulations, and requirements. 7 (r) Using, maintaining, protecting, and controlling 8 university-owned or university-controlled buildings and 9 grounds, property and equipment, name, trademarks and other 10 proprietary marks, and the financial and other resources of 11 the university. Such authority may include placing 12 restrictions on activities and on access to facilities, 13 firearms, food, tobacco, alcoholic beverages, distribution of 14 printed materials, human subjects, animals, and sound. 15 (s) Providing and coordinating policies relating to 16 credit and noncredit educational offerings by the university. 17 (t) Administering a procurement program for the 18 purchase, lease, or acquisition in any manner (including 19 purchase by installment or lease-purchase contract which may 20 provide for the payment of interest on the unpaid portion of 21 the purchase price and for the granting of a security interest 22 in the items purchased) of goods, materials, equipment, and 23 services required by the university. 24 (u) Supervising faculty practice plans for the 25 academic health science centers. 26 (3) Each board of trustees shall actively implement a 27 plan, in accordance with guidelines of the Florida Board of 28 Education, for working on a regular basis with the other 29 university boards of trustees, representatives of the 30 community college boards of trustees, and representatives of 31 the district school boards, to achieve the goals of the 44 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 seamless education system. 2 (4) Notwithstanding the provisions of s. 216.351, a 3 state university board of trustees may authorize the rent or 4 lease of parking facilities, provided that such facilities are 5 funded through parking fees or parking fines imposed by a 6 university. A board of trustees may authorize a university to 7 charge fees for parking at such rented or leased parking 8 facilities. 9 (5) Effective July 1, 2003, within proviso in the 10 General Appropriations Act and law, each board of trustees 11 shall set university tuition and fees. The sum of the activity 12 and service, health, and athletic fees a student is required 13 to pay to register for a course shall not exceed 40 percent of 14 the matriculation fee established in law or in the General 15 Appropriations Act. No university shall be required to lower 16 any fee in effect on the effective date of this act in order 17 to comply with this subsection. Within the 40 percent cap, 18 universities may not increase the aggregate sum of activity 19 and service, health, and athletic fees more than 5 percent per 20 year unless specifically authorized in law or in the General 21 Appropriations Act. This subsection does not prohibit a 22 university from increasing or assessing optional fees related 23 to specific activities that are not required as a part of 24 registration for courses. 25 (6) Effective July 1, 2003, each board of trustees 26 shall implement the university facilities plan in accordance 27 with law and guidelines of the Commissioner of Education's 28 Office of Educational Facilities and SMART Schools 29 Clearinghouse. 30 (7) A board of trustees shall perform such other 31 duties as are provided by law or rule of the Florida Board of 45 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 Education. 2 Section 15. Section 229.0082, Florida Statutes, is 3 created to read: 4 229.0082 University presidents; powers and 5 duties.--The president is the chief executive officer of the 6 university, shall be corporate secretary of the state 7 university board of trustees, and is responsible for the 8 operation and administration of the university. Each 9 university president shall: 10 (1) Recommend the adoption of rules, as appropriate, 11 to the state university board of trustees to implement 12 provisions of law governing the operation and administration 13 of the university, which shall include the specific powers and 14 duties enumerated in this section. Such rules shall be 15 consistent with the mission of the university and the rules 16 and policies of the Florida Board of Education. 17 (2) Prepare a budget request and an operating budget 18 for approval by the university board of trustees. 19 (3) Establish and implement policies and procedures to 20 recruit, appoint, transfer, promote, compensate, evaluate, 21 reward, demote, discipline, and remove personnel, within law 22 and rules of the Florida Board of Education and in accordance 23 with rules or policies approved by the university board of 24 trustees. 25 (4) Govern admissions, subject to law and rules or 26 policies of the university board of trustees and the Florida 27 Board of Education. 28 (5) Approve, execute, and administer contracts for and 29 on behalf of the university board of trustees for the 30 acquisition of commodities, goods, equipment, services, leases 31 of real and personal property, and planning and construction 46 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 to be rendered to or by the university, provided such 2 contracts are within law and guidelines of the Florida Board 3 of Education and in conformance with policies of the 4 university board of trustees, and are for the implementation 5 of approved programs of the university. 6 (6) Act for the university board of trustees as 7 custodian of all university property. The authority vested in 8 the university president under this subsection includes the 9 authority to prioritize the use of university space, property, 10 equipment, and resources and the authority to impose charges 11 for the use of those items. 12 (7) Establish the internal academic calendar of the 13 university within general guidelines of the Florida Board of 14 Education. 15 (8) Administer the university's program of 16 intercollegiate athletics. 17 (9) Recommend to the board of trustees the 18 establishment and termination of undergraduate and 19 master's-level degree programs within the approved role and 20 scope of the university. 21 (10) Award degrees. 22 (11) Recommend to the board of trustees a schedule of 23 tuition and fees to be charged by the university, within law 24 and rules of the Florida Board of Education. 25 (12) Organize the university to efficiently and 26 effectively achieve the goals of the university. 27 (13) Review periodically the operations of the 28 university in order to determine how effectively and 29 efficiently the university is being administered and whether 30 it is meeting the goals of its strategic plan adopted by the 31 Florida Board of Education. 47 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 (14) Enter into agreements for student exchange 2 programs which involve students at the university and students 3 in other institutions of higher learning. 4 (15) Approve the internal procedures of student 5 government organizations and provide purchasing, contracting, 6 and budgetary review processes for these organizations. 7 (16) Ensure compliance with federal and state laws, 8 regulations, and other requirements that are applicable to the 9 university. 10 (17) Maintain all data and information pertaining to 11 the operation of the university, and report on the attainment 12 by the university of institutional and statewide performance 13 accountability goals. 14 (18) Adjust property records and dispose of 15 state-owned tangible personal property in the university's 16 custody in accordance with procedures established by the 17 university board of trustees. Notwithstanding the provisions 18 of s. 273.055(5), all moneys received from the disposition of 19 state-owned tangible personal property shall be retained by 20 the university and disbursed for the acquisition of tangible 21 personal property and for all necessary operating 22 expenditures. The university shall maintain records of the 23 accounts into which such moneys are deposited. 24 Section 16. Section 229.0083, Florida Statutes, is 25 created to read: 26 229.0083 School Readiness Act; legislative intent; 27 division of responsibilities.-- 28 (1) The School Readiness Act, chapter 99-357, Laws of 29 Florida, created the Florida Partnership for School Readiness 30 to fulfill three major purposes: to administer school 31 readiness program services that help parents prepare eligible 48 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 children for school; to coordinate the provision of school 2 readiness services on a full-day, full-year, full-choice basis 3 to the extent possible in order to enable parents to work and 4 be financially self-sufficient; and to establish a uniform 5 screening instrument to be implemented by the Department of 6 Education and administered by the school districts upon entry 7 into kindergarten to assess the readiness for school of all 8 children. Readiness for kindergarten is the outcome measure of 9 the success of each school readiness program that receives 10 state or federal funds. 11 (2) It is the intent of the Legislature that school 12 readiness services shall be an integrated and seamless system 13 of services with a developmentally appropriate education 14 component for the state's eligible birth-to-kindergarten 15 population described in s. 411.01(6) and shall not be 16 construed as part of the seamless K-20 education system until 17 the administration of the uniform screening system upon entry 18 into kindergarten. 19 (3) The Legislature finds that, because of a variety 20 of factors, not all children come to school equally ready to 21 learn and that, in order to more effectively assess and 22 monitor programs designed to help prepare Florida's children 23 to attend school, educators and policymakers need more 24 objective information regarding the school readiness of 25 Florida's children. However, nothing contained in the School 26 Readiness Act, chapter 99-357, Laws of Florida, is intended 27 to: 28 (a) Relieve parents and guardians of their own 29 obligations to ready their children for school; or 30 (b) Create any obligation to provide publicly funded 31 school readiness programs or services beyond those authorized 49 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 by the Legislature. 2 (4)(a) Notwithstanding s. 411.01(4): 3 1. The Florida Partnership for School Readiness is 4 assigned to the Agency for Workforce Innovation pursuant to 5 subsection (7). 6 2. Four members shall be added to the Florida 7 Partnership for School Readiness as follows: 8 a. Two members shall be added to the partnership from 9 the child care industry, one representing the private 10 for-profit sector appointed by the Governor from a list of two 11 nominees submitted by the President of the Senate and one 12 representing faith-based providers appointed by the Governor 13 from a list of two nominees submitted by the Speaker of the 14 House of Representatives. Neither shall have a direct contract 15 with any local coalition to provide school readiness services. 16 b. Two members shall be added to the partnership from 17 the business community, one appointed by the Governor from a 18 list of two nominees submitted by the President of the Senate 19 and one appointed by the Governor from a list of two nominees 20 submitted by the Speaker of the House of Representatives. 21 Neither shall be involved in any business related to school 22 readiness services. 23 3. The executive director of the partnership shall 24 serve at the pleasure of the Governor. 25 (b) Notwithstanding any other provision of law to the 26 contrary, minimum child care licensing standards shall be 27 developed to provide for reasonable, affordable, and safe 28 before-school and after-school care. Standards, at a minimum, 29 shall allow for a credentialed director to supervise multiple 30 before-school and after-school sites. 31 (c) Notwithstanding s. 411.01(5)(d): 50 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 1. Instructional staff must be trained pursuant to s. 2 402.305(2)(d). 3 2. Reimbursement rates shall not have the effect of 4 limiting parental choice or creating standards or levels of 5 services that have not been authorized by the Legislature. 6 3. The Florida Partnership for School Readiness shall 7 review and revise coalition plans at least annually. 8 (d) Notwithstanding s. 20.50: 9 1. The Agency for Workforce Innovation shall 10 administer school readiness funds, plans, and policies 11 pursuant to contract with the Florida Partnership for School 12 Readiness and shall prepare and submit a unified budget 13 request for the school readiness program in accordance with 14 chapter 216. 15 2. All instructions to local school readiness 16 coalitions shall emanate from the Agency for Workforce 17 Innovation pursuant to policies of the Legislature, plans of 18 the Florida Partnership for School Readiness, and the contract 19 between the Florida Partnership for School Readiness and the 20 agency. 21 (e) The Agency for Workforce Innovation shall prepare 22 a plan that provides for the distribution and expenditure of 23 all state and federal school readiness funds for children 24 participating in public or private school readiness programs 25 based upon an equity and performance funding formula. The plan 26 shall be submitted to the Governor and the Legislative Budget 27 Commission. Upon approval, the Legislative Budget Commission 28 shall authorize the transfer of funds to the Agency for 29 Workforce Innovation for distribution in accordance with the 30 provisions of the formula. 31 (5) The Florida Partnership for School Readiness 51 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 shall: 2 (a) Coordinate the birth-to-kindergarten services for 3 children who are eligible pursuant to s. 411.01(6) and the 4 programmatic, administrative, and fiscal standards pursuant to 5 s. 411.01 and this section for all public providers of school 6 readiness programs. 7 (b) Continue to provide unified leadership for school 8 readiness through local school readiness coalitions. 9 (c) Focus on improving the educational quality of all 10 publicly funded school readiness programs. 11 (6) The Department of Education shall implement a 12 school readiness uniform screening, including a pilot program 13 during the 2002-2003 school year, to validate the system 14 recommended by the Florida Partnership for School Readiness as 15 part of a comprehensive evaluation design. Beginning with the 16 2002-2003 school year, the department shall require that all 17 school districts administer the school readiness uniform 18 screening to each kindergarten student in the district school 19 system upon the student's entry into kindergarten. Children 20 who enter public school for the first time in first grade must 21 undergo a uniform screening adopted for use in first grade. 22 The department shall incorporate school readiness data into 23 the K-20 data warehouse for longitudinal tracking. The 24 department shall provide the partnership and the Agency for 25 Workforce Innovation with complete and full access to 26 kindergarten uniform screening data at the student, school, 27 district, and state levels in a format that will enable the 28 partnership and the agency to prepare reports needed by state 29 policymakers and local school readiness coalitions to assess 30 progress toward school readiness goals and provide input for 31 continuous improvement of local school readiness services and 52 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 programs. 2 (7) Effective July 1, 2002, the Florida Partnership 3 for School Readiness is transferred by a type two transfer, 4 pursuant to s. 20.06(2), from the Executive Office of the 5 Governor to the Agency for Workforce Innovation. 6 (8) Effective July 1, 2002, the Child Care Executive 7 Partnership Program, child care and early childhood resource 8 and referral, and the subsidized child care program including 9 statewide staff as referenced in the interagency agreement 10 between the Department of Children and Family Services and the 11 Florida Partnership for School Readiness signed on March 15, 12 2001, shall be transferred by a type two transfer, pursuant to 13 s. 20.06(2), to the Agency for Workforce Innovation. 14 (9) Effective July 1, 2002, the prekindergarten early 15 intervention, migrant prekindergarten, and Florida First Start 16 programs, including statewide staff as referenced in the 17 interagency agreement between the Department of Education and 18 the Florida Partnership for School Readiness, shall be 19 transferred by a type two transfer, pursuant to s. 20.06(2), 20 to the Agency for Workforce Innovation. 21 (10) For purposes of administration of the Early 22 Learning Opportunities Act and the Even Start Family Literacy 23 Programs, pursuant to Pub. L. No. 106-554, the Agency for 24 Workforce Innovation is designated as the lead agency and must 25 comply with lead agency responsibilities pursuant to federal 26 law. 27 Section 17. Paragraph (a) of subsection (6) and 28 subsection (10) of section 216.136, Florida Statutes, are 29 amended to read: 30 216.136 Consensus estimating conferences; duties and 31 principals.-- 53 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 (6) SOCIAL SERVICES ESTIMATING CONFERENCE.-- 2 (a) Duties.-- 3 1. The Social Services Estimating Conference shall 4 develop such official information relating to the social 5 services system of the state, including forecasts of social 6 services caseloads, as the conference determines is needed for 7 the state planning and budgeting system. Such official 8 information shall include, but not be limited to, subsidized 9 child care caseloads mandated by the Family Support Act of 10 1988. 11 2. In addition, the Social Services Estimating 12 Conference shall develop estimates and forecasts of the 13 unduplicated count of children eligible for subsidized child 14 care as defined in s. 402.3015(1). These estimates and 15 forecasts shall not include children enrolled in the 16 prekindergarten early intervention program established in s. 17 230.2305. 18 3. The Department of Children and Family Services and 19 the Department of Education shall provide information on 20 caseloads and waiting lists for the subsidized child care and 21 prekindergarten early intervention programs requested by the 22 Social Services Estimating Conference or individual conference 23 principals, in a timely manner. 24 2.4. The Social Services Estimating Conference shall 25 develop information relating to the Florida Kidcare program, 26 including, but not limited to, outreach impacts, enrollment, 27 caseload, utilization, and expenditure information that the 28 conference determines is needed to plan for and project future 29 budgets and the drawdown of federal matching funds. The 30 agencies required to collect and analyze Florida Kidcare 31 program data under s. 409.8134 shall be participants in the 54 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 Social Services Estimating Conference for purposes of 2 developing information relating to the Florida Kidcare 3 program. 4 (10) SCHOOL READINESS PROGRAM ESTIMATING CONFERENCE.-- 5 (a) Duties.-- 6 1. The School Readiness Program Estimating Conference 7 shall develop such estimates and forecasts of the unduplicated 8 count of children number of individuals eligible for school 9 readiness programs in accordance with the standards of 10 eligibility established in s. 411.01(6) by state or federal 11 statute or administrative rule as the conference determines 12 are needed to support the state planning, budgeting, and 13 appropriations processes. 14 2. In addition, the School Readiness Program 15 Estimating Conference shall estimate the unduplicated count of 16 children who are eligible for services under the school 17 readiness program. 18 2.3. The Florida Partnership for School Readiness 19 shall provide information on needs and waiting lists for 20 school readiness program services requested by the School 21 Readiness Program Estimating Conference or individual 22 conference principals in a timely manner. 23 (b) Principals.--The Executive Office of the Governor, 24 the Director of Economic and Demographic Research, and 25 professional staff who have forecasting expertise from the 26 Florida Partnership for School Readiness, the Agency for 27 Workforce Innovation, the Department of Children and Family 28 Services, the Department of Education, the Senate, and the 29 House of Representatives, or their designees, are the 30 principals of the School Readiness Program Estimating 31 Conference. The principal representing the Executive Office of 55 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 the Governor shall preside over sessions of the conference. 2 Section 18. Effective January 1, 2003, paragraph (a) 3 of subsection (1) of section 232.01, Florida Statutes, is 4 amended to read: 5 232.01 School attendance.-- 6 (1)(a)1. All children who have attained the age of 6 7 years or who will have attained the age of 6 years by February 8 1 of any school year or who are older than 6 years of age but 9 who have not attained the age of 16 years, except as 10 hereinafter provided, are required to attend school regularly 11 during the entire school term. 12 2. Children who will have attained the age of 5 years 13 on or before September 1 of the school year are eligible for 14 admission to public kindergartens during that school year 15 under rules prescribed by the school board. 16 3. Children who will have attained the age of 3 years 17 on or before September 1 of the school year are eligible for 18 admission to prekindergarten early intervention programs 19 during that school year as provided in s. 230.2305 or a 20 preschool program as provided in s. 228.061. 21 Section 19. Effective July 1, 2003, subsection (5) of 22 section 236.08104, Florida Statutes, is amended to read: 23 236.08104 Supplemental academic instruction; 24 categorical fund.-- 25 (5) Beginning in the 1999-2000 school year, dropout 26 prevention programs as defined in ss. 230.2316(3)(a), (b), and 27 (c) and, 230.23161, and 230.23166 shall be included in Group 1 28 programs under s. 236.081(1)(d)3. 29 Section 20. Effective January 1, 2003, paragraphs (b) 30 and (c) of subsection (1) and subsection (4) of section 31 445.023, Florida Statutes, are amended to read: 56 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 445.023 Program for dependent care for families with 2 children with special needs.-- 3 (1) There is created the program for dependent care 4 for families with children with special needs. This program 5 is intended to provide assistance to families with children 6 who meet the following requirements: 7 (b) The child or children are considered to be 8 children with special needs as defined by the subsidized child 9 care program authorized under s. 402.3015. 10 (c) The family meets the income guidelines established 11 under s. 411.01(6) 402.3015. Financial eligibility for this 12 program shall be based solely on the guidelines used for 13 subsidized child care, notwithstanding any financial 14 eligibility criteria to the contrary in s. 414.075, s. 15 414.085, or s. 414.095. 16 (4) In addition to school readiness child care 17 services provided under s. 411.01 402.3015, dependent care may 18 be provided for children age 13 years and older who are in 19 need of care due to disability and where such care is needed 20 for the parent to accept or continue employment or otherwise 21 participate in work activities. The amount of subsidy shall be 22 consistent with the rates for special needs child care 23 established by the department. Dependent care needed for 24 employment may be provided as transitional services for up to 25 2 years after eligibility for temporary cash assistance ends. 26 Section 21. Effective January 1, 2003, subsections (1) 27 and (2) of section 228.061, paragraph (o) of subsection (4) of 28 section 230.23, sections 230.2303, 230.2305, and 230.2306, 29 Florida Statutes, are repealed. 30 Section 22. Effective July 1, 2003, section 230.23166, 31 paragraph (d) of subsection (1) of section 232.01, paragraph 57 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 (e) of subsection (1) of section 234.01, and paragraph (f) of 2 subsection (1) of section 236.083, Florida Statutes, are 3 repealed. 4 Section 23. Effective January 1, 2003, section 402.28, 5 subsection (1) of section 402.281, sections 402.3015, 6 402.3027, and 402.3028, subsection (18) of section 402.305, 7 section 402.3052, paragraph (c) of subsection (2) of section 8 402.3135, and subsections (2) and (6) of section 402.45, 9 Florida Statutes, are repealed. 10 Section 24. Effective January 1, 2003, paragraph (a) 11 of subsection (1) of section 391.304, paragraphs (l), (q), 12 (s), and (t) of subsection (4), paragraph (g) of subsection 13 (5), and paragraph (c) of subsection (9) of section 411.01, 14 and sections 411.201, 411.202, 411.203, 411.205, 411.22, 15 411.221, 411.222, 411.223, 411.224, 411.23, and 411.231, 16 Florida Statutes, are repealed. 17 Section 25. Section 229.0084, Florida Statutes, is 18 created to read: 19 229.0084 Legislative findings and intent.-- 20 (1) It is the finding of the Legislature that student 21 achievement, from kindergarten through graduate school, is 22 dependent upon a number of factors, including the quality of 23 schools, the quality of instruction, and the personal efforts 24 and responsibilities of the students and their parents. 25 Nothing contained in Florida law shall make the state or local 26 school districts the guarantors that students will fully avail 27 themselves of the opportunities provided them to attain high 28 academic achievement. 29 (2) Nothing contained in this act shall authorize the 30 state or any school district to regulate, control, or 31 interfere with the autonomy of independent K-12 schools or 58 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 home education programs, or their governance, curriculum, 2 accreditation, testing, or other practices. 3 Section 26. Section 228.082, Florida Statutes, is 4 amended to read: 5 228.082 The Florida Virtual On-Line High School.-- 6 (1)(a) The Florida Virtual On-Line High School is 7 established for the development and delivery of on-line and 8 distance learning education and shall be administratively 9 housed within the Commissioner of Education's Office of 10 Technology and Information Services. The Commissioner of 11 Education shall monitor the school's performance and report 12 its performance to the Florida Board of Education and the 13 Legislature. 14 (b) The mission of the Florida Virtual High School is 15 to provide students with high-quality technology-based 16 educational opportunities to gain the knowledge and skills 17 necessary to succeed in the 21st century. The school shall 18 serve any student in the state who meets the profile for 19 success in this educational delivery context and shall give 20 priority to: 21 1. Students who need expanded access to courses in 22 order to meet their educational goals, such as home education 23 students and students in inner-city and rural high schools who 24 do not have access to higher-level courses. 25 2. Students seeking accelerated access in order to 26 obtain a high school diploma at least one semester early. 27 (c) To ensure students are informed of the 28 opportunities offered by the Florida Virtual High School, the 29 commissioner shall provide the board of trustees access to the 30 records of public school students in a format prescribed by 31 the board of trustees. 59 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 2 The board of trustees of the Florida Virtual High School shall 3 identify appropriate performance measures and standards based 4 on student achievement that reflect the school's statutory 5 mission and priorities, and shall implement an accountability 6 system for the school that includes assessment of its 7 effectiveness and efficiency in providing quality services 8 that encourage high student achievement, seamless 9 articulation, and maximum access. 10 (2) The Florida Virtual On-Line High School shall be 11 governed by a board of trustees comprised of seven members 12 appointed by the Governor to 4-year staggered terms, one of 13 whom shall be the current chair of the Florida High School 14 Advisory Board and one of whom shall be a representative of 15 the fiscal agent, and one of whom shall be the Chief 16 Information Officer or his designee from the State Technology 17 Office pursuant to ch. 2000-164, Laws of Florida. The board 18 shall be a public agency entitled to sovereign immunity 19 pursuant to s. 768.28, and board members shall be public 20 officers who shall bear fiduciary responsibility for the 21 Florida Virtual On-Line High School. The board of trustees 22 shall have the following powers and duties: 23 (a)1. The board of trustees shall meet within 30 days 24 of July 1, 2000, and shall continue to meet at least 4 times 25 each year, upon the call of the chair, or at the request of a 26 majority of the membership. 27 (b) Until not more than 60 days after the initial 28 meeting of the board, the current governance structure of the 29 Florida On-Line High School shall be maintained. 30 2.(c) The fiscal year for the Florida Virtual On-Line 31 High School shall be the state fiscal year as provided in s. 60 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 216.011(1)(n). 2 (b) The board of trustees shall be responsible for the 3 Florida Virtual High School's development of a 4 state-of-the-art technology-based education delivery system 5 that is cost-effective, educationally sound, marketable, and 6 capable of sustaining a self-sufficient delivery system 7 through the Florida Education Finance Program, by fiscal year 8 2003-2004. Beginning in fiscal year 2002-2003, the school 9 shall collect and report data for all students served and 10 credit awarded. This data shall be segregated by private, 11 public, and home school students by program. Information shall 12 also be collected which reflects any other school in which a 13 virtual high school student is enrolled. 14 (c)(d) The board of trustees shall aggressively seek 15 avenues to generate revenue to support its future endeavors, 16 and shall enter into agreements with distance learning 17 providers. The board of trustees and may acquire, enjoy, use, 18 and dispose of patents, copyrights, and trademarks and any 19 licenses and other rights or interests thereunder or therein. 20 Ownership of all such patents, copyrights, trademarks, 21 licenses, and rights or interests thereunder or therein shall 22 vest in the state, with the board having full right of use and 23 full right to retain the revenues derived therefrom. Any funds 24 realized from patents, copyrights, trademarks, or licenses 25 shall be used to support the school's research and development 26 activities in order to improve courseware and services to its 27 students. 28 (d)(e) The board of trustees shall annually prepare 29 and submit to the Florida Board of Education a legislative 30 budget request, including funding requests for computers for 31 public school students who do not have access to public school 61 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 computers, in accordance with chapter 216 and s. 235.41. The 2 legislative budget request of the Florida Virtual On-Line High 3 School shall be prepared using the same format, procedures, 4 and timelines required for the submission of the legislative 5 budget of the Department of Education. 6 (e)(f) In accordance with law and rules of the Florida 7 Board of Education, the board of trustees shall administer and 8 maintain personnel programs for all employees of the board of 9 trustees and the Florida Virtual On-Line High School. The 10 board of trustees may adopt rules, policies, and procedures 11 related to the appointment, employment, and removal of 12 personnel. 13 1. The board of trustees shall determine the 14 compensation, including salaries and fringe benefits, and 15 other conditions of employment for such personnel. 16 2. The board of trustees may establish and maintain a 17 personnel loan or exchange program by which persons employed 18 by the board for the Florida Virtual On-Line High School as 19 academic administrative and instructional staff may be loaned 20 to, or exchanged with persons employed in like capacities by, 21 public agencies either within or without this state, or by 22 private industry. With respect to public agency employees, the 23 program authorized by this subparagraph shall be consistent 24 with the requirements of part II of chapter 112. The salary 25 and benefits of board personnel participating in the loan or 26 exchange program shall be continued during the period of time 27 they participate in a loan or exchange program, and such 28 personnel shall be deemed to have no break in creditable or 29 continuous service or employment during such time. The salary 30 and benefits of persons participating in the personnel loan or 31 exchange program who are employed by public agencies or 62 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 private industry shall be paid by the originating employers of 2 those participants, and such personnel shall be deemed to have 3 no break in creditable or continuous service or employment 4 during such time. 5 3. The employment of all Florida Virtual On-Line High 6 School academic administrative and instructional personnel 7 shall be subject to rejection for cause by the board of 8 trustees, and shall be subject to policies of the board of 9 trustees relative to certification, tenure, leaves of absence, 10 sabbaticals, remuneration, and such other conditions of 11 employment as the board deems necessary and proper, not 12 inconsistent with law. 13 4. Each person employed by the board of trustees in an 14 academic administrative or instructional capacity with the 15 Florida Virtual On-Line High School shall be entitled to a 16 contract as provided by rules of the board. 17 5. All employees except temporary, seasonal, and 18 student employees may be state employees for the purpose of 19 being eligible to participate in the Florida Retirement System 20 and receive benefits. The classification and pay plan, 21 including terminal leave and other benefits, and any 22 amendments thereto, shall be subject to review and approval by 23 the Department of Management Services and the Executive Office 24 of the Governor prior to adoption. In the event that the board 25 of trustees assumes responsibility for governance pursuant to 26 this section before approval is obtained, employees shall be 27 compensated pursuant to the system in effect for the employees 28 of the fiscal agent. 29 (f)(g) The board of trustees shall establish 30 priorities for admission of students in accordance with 31 paragraph (1)(b). 63 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 (g)(h) The board of trustees shall establish and 2 distribute to all school districts and high schools in the 3 state procedures for enrollment of students into courses 4 offered by the Florida Virtual On-Line High School. Such 5 procedures shall be designed to minimize paperwork and fairly 6 resolve the issue of double funding students taking courses 7 online maximize participation by students. 8 (h)(i) The board of trustees shall annually submit to 9 the Florida Board Department of Education both forecasted and 10 actual enrollments for the Florida Virtual On-Line High 11 School, according to procedures established by the Florida 12 Board Department of Education. At a minimum, such procedures 13 must include the number of public, private, and home school 14 students served by district. 15 (i)(j) The board of trustees shall provide for the 16 content and custody of student and employee personnel records. 17 Student records shall be subject to the provisions of s. 18 228.093. Employee records shall be subject to the provisions 19 of s. 231.291. 20 (j)(k) The financial records and accounts of the 21 Florida Virtual On-Line High School shall be maintained under 22 the direction of the board of trustees and under regulations 23 prescribed by the Florida State Board of Education for the 24 uniform system of financial records and accounts for the 25 schools of the state. 26 27 The Governor shall designate the initial chair of the board of 28 trustees to serve a term of 4 years. Members of the board of 29 trustees shall serve without compensation, but may be 30 reimbursed for per diem and travel expenses pursuant to s. 31 112.061. The board of trustees shall be a body corporate with 64 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 all the powers of a body corporate and such authority as is 2 needed for the proper operation and improvement of the Florida 3 Virtual On-Line High School. The board of trustees is 4 specifically authorized to adopt rules, policies, and 5 procedures, consistent with law and rules of the Florida Board 6 of Education related to governance, personnel, budget and 7 finance, administration, programs, curriculum and instruction, 8 travel and purchasing, technology, students, contracts and 9 grants, and property as necessary for optimal, efficient 10 operation of the Florida Virtual On-Line High School. Tangible 11 personal property owned by the board of trustees shall be 12 subject to the provisions of chapter 273. 13 (3)(a) Until fiscal year 2003-2004, the Commissioner 14 of Education shall include the Florida Virtual On-Line High 15 School as a grant-in-aid appropriation in the department's 16 legislative budget request to the Florida State Board of 17 Education, the Governor, and the Legislature,. 18 (a) subject to any guidelines imposed in the General 19 Appropriations Act, funds for the operation of the Florida 20 On-Line High School shall be requested and appropriated within 21 the Department of Education as a grant-in-aid category until 22 such time as the Legislature authorizes a different funding 23 mechanism. 24 (b) The Orange County District School Board shall be 25 the temporary fiscal agent of the Florida Virtual On-Line High 26 School. 27 (c) Priorities for the delivery of services by the 28 Florida On-Line High School shall ensure that priority access 29 is provided equitably across the state. 30 (4) Under no circumstance may the credit of the state 31 be pledged on behalf of the Florida Virtual On-Line High 65 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 School. 2 (5) By January 1, 2001, The board of trustees shall 3 annually submit to the Governor, the Legislature, the 4 Commissioner of Education, and the Florida Board of Education 5 Reorganization Transition Commission a complete and detailed 6 report setting forth: 7 (a) The operations and accomplishments of the Florida 8 Virtual On-Line High School. 9 (b) The marketing and operational plan for the Florida 10 Virtual On-Line High School, including recommendations 11 regarding methods for improving the delivery of education 12 through the Internet and other distance learning technology. 13 (c) The assets and liabilities of the Florida Virtual 14 On-Line High School at the end of the fiscal year. 15 (d) A copy of an annual financial and compliance audit 16 of the accounts and records of the Florida Virtual On-Line 17 High School, conducted by an independent certified public 18 accountant and performed in accordance with rules adopted by 19 the Auditor General. 20 (e) Recommendations regarding the unit cost of 21 providing services to students. In order to most effectively 22 develop public policy regarding any future funding of the 23 Florida Virtual On-Line High School, it is imperative that the 24 cost of the program is accurately identified. The identified 25 cost of the program must be based on reliable data and reflect 26 the costs associated with maintaining a state-of-the-art 27 on-line high school, including the costs associated with 28 maintaining a high-quality research and development effort to 29 locate and assimilate, or develop, Internet-based courses. 30 (f) Recommendations regarding an accountability 31 mechanism to assess the effectiveness of the services provided 66 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 by the Florida Virtual On-Line High School. 2 (6) The Auditor General may, pursuant to his or her 3 own authority, or at the direction of the Joint Legislative 4 Auditing Committee, conduct an audit of the Florida Virtual 5 On-Line High School. 6 (7) The Florida State Board of Education may adopt 7 rules it deems necessary to implement reporting requirements 8 for the Florida Virtual On-Line High School. 9 Section 27. The Department of Education shall maximize 10 the available federal indirect cost allowed on all federal 11 grants. Beginning with the 2002-2003 fiscal year, none of the 12 funds received from indirect cost allowance shall be expended 13 by the department without specific appropriation by the 14 Legislature. Funds received pursuant to s. 240.241, Florida 15 Statutes, are specifically exempt from this provision. 16 Section 28. Effective June 30, 2002, section 229.8065, 17 Florida Statutes, is repealed. 18 Section 29. Effective July 1, 2002, subsection (2) of 19 section 229.085, Florida Statutes, is amended to read: 20 229.085 Custody of educational funds.-- 21 (2) There is created in the Department of Education 22 the Projects, Contracts, and Grants Trust Fund. If, in 23 executing the terms of such grants or contracts for specific 24 projects, the employment of personnel shall be required, such 25 personnel shall not be subject to the requirements of s. 26 216.262(1)(a). The personnel employed to plan and administer 27 grants or contracts for specific such projects shall be 28 considered in time-limited employment not to exceed the 29 duration of the grant or until completion of the project, 30 whichever first occurs. Such employees shall not acquire 31 retention rights under the Career Service System, the 67 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 provisions of s. 110.051(1) to the contrary notwithstanding. 2 Any employee holding permanent career service status in a 3 Department of Education position who is appointed to a 4 position under the Projects, Contracts, and Grants Trust Fund 5 shall retain such permanent status in the career service 6 position. 7 Section 30. By October 31, 2002, the Florida Board of 8 Education shall provide recommendations to the Governor, the 9 Speaker of the House of Representatives, and the President of 10 the Senate for a performance-based funding model for the State 11 University System. The recommendations shall provide that at 12 least 10 percent of legislatively appropriated funds shall be 13 allocated based on performance standards which are tied to the 14 mission of each university. 15 Section 31. Subsections (2), (4), and (5), paragraphs 16 (b), (c), and (d) of subsection (1), and paragraphs (a), (c), 17 (d), and (e) of subsection (3) of section 235.217, Florida 18 Statutes, are repealed. 19 Section 32. Sections 240.145, 240.147, 240.227, 20 240.307, subsection (2) of section 240.209, and subsection (4) 21 of section 240.311, Florida Statutes, are repealed. 22 Section 33. Except as otherwise provided herein, this 23 act shall take effect on July 1, 2002. 24 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 6, lines 16 and 26, 29 On page 7, lines 2 and 15, 30 On page 8, line 21, 31 remove from the title of the bill: 2002 68 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981
HOUSE AMENDMENT Bill No. CS/CS/HB 1533 Amendment No. ___ (for drafter's use only) 1 and insert in lieu thereof: 2 2003 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 69 File original & 9 copies 04/23/01 hmo0006 01:43 pm 01533-0020-234981