House Bill hb1363

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    Florida House of Representatives - 2002                HB 1363

        By Representative Lynn






  1                      A bill to be entitled

  2         An act relating to education funding; creating

  3         the "K-20 Funds Flexibility Act"; authorizing

  4         the Commissioner of Education and Secretary of

  5         Education to transfer funds from identical fund

  6         sources within budget entities; providing for

  7         school district flexibility in the transfer and

  8         expenditure of specified funds appropriated

  9         annually in the General Appropriations Act;

10         providing for reports relating to the transfer

11         of funds; amending s. 236.081, F.S.; deleting

12         the computation and use of an average daily

13         attendance factor in the determination of the

14         annual allocation to each school district for

15         operation; deleting obsolete provisions

16         relating to a pilot of the Advanced

17         International Certificate of Education Program;

18         revising the basis of the quality assurance

19         guarantee; amending s. 240.116, F.S.; deleting

20         obsolete provisions relating to a pilot of the

21         Advanced International Certificate of Education

22         Program; providing an effective date.

23  

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

25  

26         Section 1.  This section may be cited as the "K-20

27  Funds Flexibility Act."

28         (1)(a)  Notwithstanding s. 216.292(3)(a) and (b),

29  Florida Statutes, and pursuant to s. 216.351, Florida

30  Statutes, the Commissioner of Education and the Secretary of

31  Education may transfer funds from identical fund sources

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    Florida House of Representatives - 2002                HB 1363

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  1  between Salaries and Benefits, Other Personal Services,

  2  Expenses, and Operating Capital Outlay within, but not among,

  3  the budget entities listed below:

  4         1.  Office of Student Financial Assistance.

  5         2.  Division of Public Schools--Executive Direction and

  6  Support Services.

  7         3.  State Oversight and Assistance--Public Schools.

  8         4.  Office of Workforce and Economic

  9  Development--Executive Direction and Support Services.

10         5.  Division of Community Colleges--Executive Direction

11  and Support Services.

12         6.  Division of Colleges and Universities.

13         (b)  Transfers pursuant to this subsection may not

14  exceed the number of authorized positions and the approved

15  salary rate.

16         (c)  Transfers pursuant to this subsection must be

17  consistent with K-20 legislative policy and intent and must

18  not adversely affect the oversight, evaluation, or reporting

19  duties for the Department of Education.

20         (d)  The Secretary of Education shall report to the

21  Florida Board of Education the amount of funds transferred

22  pursuant to this subsection and the purpose of the transfer.

23         (2)(a)  Each district school board is authorized the

24  following flexibility to expend funds allocated annually to

25  the school district in the General Appropriations Act:

26         1.  If a district school board finds and declares in a

27  resolution adopted at a regular meeting of the school board

28  that the funds received for any of the following programs are

29  urgently needed to maintain board-specified academic classroom

30  instruction, the school board may consider and approve an

31  amendment to the school district's operating budget

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    Florida House of Representatives - 2002                HB 1363

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  1  transferring the identified amount of funds to the appropriate

  2  account for expenditure:

  3         a.  Section 236.083, Florida Statutes, Funds for

  4  Student Transportation.

  5         b.  Section 236.081(3), Florida Statutes, Funds for

  6  Inservice Educational Personnel Training.

  7         c.  Section 231.67, Florida Statutes, the Florida

  8  Teachers Lead Program Stipend. Funds provided by the

  9  Legislature for this program may be used only after the school

10  board certifies to the department that every eligible teacher

11  has received his or her stipend.

12         2.  If the district school board finds that funds

13  allocated for the purpose set forth in s. 236.08104, Florida

14  Statutes, Supplemental Academic Instruction, are budgeted to

15  be expended for nonclassroom instruction, the school board may

16  consider and approve an amendment to the school district's

17  operating budget transferring such funds to an appropriate

18  academic classroom instruction account for expenditure.

19         (b)  Each district school board shall report to the

20  Department of Education the amount of funds it transferred

21  from each of the programs identified in this subsection and

22  the specific academic classroom instruction for which these

23  funds were expended. The department shall provide instructions

24  and specify the format to be used in submitting this required

25  information. The department shall submit to the Governor, the

26  President of the Senate, and the Speaker of the House of

27  Representatives a report showing the actions taken by each

28  district school board and a statewide summary for all school

29  districts.

30         Section 2.  Paragraph (a) of subsection (1) of section

31  236.081, Florida Statutes, is amended, and paragraph (k) of

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    Florida House of Representatives - 2002                HB 1363

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  1  said subsection and subsection (8) of said section, as amended

  2  by section 4 of chapter 2001-254, Laws of Florida, are amended

  3  to read:

  4         236.081  Funds for operation of schools.--If the annual

  5  allocation from the Florida Education Finance Program to each

  6  district for operation of schools is not determined in the

  7  annual appropriations act or the substantive bill implementing

  8  the annual appropriations act, it shall be determined as

  9  follows:

10         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

11  OPERATION.--The following procedure shall be followed in

12  determining the annual allocation to each district for

13  operation:

14         (a)  Determination of full-time equivalent

15  membership.--During each of several school weeks, including

16  scheduled intersessions of a year-round school program during

17  the fiscal year, a program membership survey of each school

18  shall be made by each district by aggregating the full-time

19  equivalent student membership of each program by school and by

20  district. The department shall establish the number and

21  interval of membership calculations, except that for basic and

22  special programs such calculations shall not exceed nine for

23  any fiscal year. The district's full-time equivalent

24  membership shall be computed and currently maintained in

25  accordance with regulations of the commissioner. Beginning

26  with the 1999-2000 school year, each school district shall

27  also document the daily attendance of each student in

28  membership by school and by district. An average daily

29  attendance factor shall be computed by dividing the total

30  daily attendance of all students by the total number of

31  students in membership and then by the number of days in the

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    Florida House of Representatives - 2002                HB 1363

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  1  regular school year. Beginning with the 2002-2003 school year,

  2  the district's full-time equivalent membership shall be

  3  adjusted by multiplying by the average daily attendance

  4  factor.

  5         (k)  Calculation of additional full-time equivalent

  6  membership based on international baccalaureate examination

  7  scores of students.--A value of 0.24 full-time equivalent

  8  student membership shall be calculated for each student

  9  enrolled in an international baccalaureate course who receives

10  a score of 4 or higher on a subject examination.  A value of

11  0.3 full-time equivalent student membership shall be

12  calculated for each student who receives an international

13  baccalaureate diploma.  Such value shall be added to the total

14  full-time equivalent student membership in basic programs for

15  grades 9 through 12 in the subsequent fiscal year. During the

16  1997-1998, 1998-1999, and 1999-2000 school years of the pilot

17  program authorized in s. 240.116, Students enrolled in the

18  Advanced International Certificate of Education Program shall

19  generate full-time equivalent student membership in a manner

20  that is equitable to the manner in which students enrolled in

21  the International Baccalaureate Program generate full-time

22  equivalent student membership. During 1997-1998, a maximum of

23  40 students in each participating school district is

24  authorized to generate full-time equivalent student membership

25  in the pilot program, and in 1998-1999 and 1999-2000 a maximum

26  of 80 students per year in each participating school district

27  is authorized to generate full-time equivalent student

28  membership in the pilot program. The school district shall

29  distribute to each classroom teacher who provided

30  international baccalaureate instruction:

31  

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    Florida House of Representatives - 2002                HB 1363

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  1         1.  A bonus in the amount of $50 for each student

  2  taught by the International Baccalaureate teacher in each

  3  international baccalaureate course who receives a score of 4

  4  or higher on the international baccalaureate examination.

  5         2.  An additional bonus of $500 to each International

  6  Baccalaureate teacher in a school designated performance grade

  7  category "D" or "F" who has at least one student scoring 4 or

  8  higher on the international baccalaureate examination,

  9  regardless of the number of classes taught or of the number of

10  students scoring a 4 or higher on the international

11  baccalaureate examination.

12  

13  Bonuses awarded to a teacher according to this paragraph shall

14  not exceed $2,000 in any given school year and shall be in

15  addition to any regular wage or other bonus the teacher

16  received or is scheduled to receive.

17         (8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may

18  annually in the General Appropriations Act determine a

19  percentage increase in funds per K-12 unweighted weighted FTE

20  as a minimum guarantee to each school district. The guarantee

21  shall be calculated from prior year base funding per

22  unweighted weighted FTE student which shall include the

23  adjusted FTE dollars as provided in subsection (9), quality

24  guarantee funds, and actual nonvoted discretionary local

25  effort from taxes. From the base funding per unweighted

26  weighted FTE, the increase shall be calculated for the current

27  year. The current year funds from which the guarantee shall be

28  determined shall include the adjusted FTE dollars as provided

29  in subsection (9) and potential nonvoted discretionary local

30  effort from taxes. A comparison of current year funds per

31  unweighted weighted FTE to prior year funds per unweighted

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    Florida House of Representatives - 2002                HB 1363

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  1  weighted FTE shall be computed. For those school districts

  2  which have less than the legislatively assigned percentage

  3  increase, funds shall be provided to guarantee the assigned

  4  percentage increase in funds per unweighted weighted FTE

  5  student. Should appropriated funds be less than the sum of

  6  this calculated amount for all districts, the commissioner

  7  shall prorate each district's allocation. This provision shall

  8  be implemented to the extent specifically funded.

  9         Section 3.  Subsection (6) of section 240.116, Florida

10  Statutes, as amended by section 6 of chapter 2001-254, Laws of

11  Florida, is amended to read:

12         240.116  Articulated acceleration.--

13         (6)  The International Baccalaureate Program shall be

14  the curriculum in which eligible secondary students are

15  enrolled in a program of studies offered through the

16  International Baccalaureate Program administered by the

17  International Baccalaureate Office.  The State Board of

18  Education shall establish rules which specify the cutoff

19  scores and International Baccalaureate Examinations which will

20  be used to grant postsecondary credit at community colleges

21  and universities. Any such rules, which have the effect of

22  raising the required cutoff score or of changing the

23  International Baccalaureate Examinations which will be used to

24  grant postsecondary credit, shall only apply to students

25  taking International Baccalaureate Examinations after such

26  rules are adopted by the State Board of Education.  Students

27  shall be awarded a maximum of 30 semester credit hours

28  pursuant to this subsection. The specific course for which a

29  student receives such credit shall be determined by the

30  community college or university that accepts the student for

31  admission.  Students enrolled pursuant to this subsection

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  1  shall be exempt from the payment of any fees for

  2  administration of the examinations. During the 1997-1998,

  3  1998-1999, and 1999-2000 school years, the Department of

  4  Education shall assist up to three school districts in

  5  conducting a pilot of the Advanced International Certificate

  6  of Education Program administered by the University of

  7  Cambridge Local Examinations Syndicate. The department shall

  8  produce an evaluation report and recommendations regarding the

  9  comparability of the Advanced International Certificate of

10  Education Program to the International Baccalaureate Program

11  and submit the report to the President of the Senate and the

12  Speaker of the House of Representatives on or before October

13  1, 2000.

14         Section 4.  This act shall take effect July 1, 2002.

15  

16            *****************************************

17                          HOUSE SUMMARY

18  
      Grants the Commissioner of Education and Secretary of
19    Education flexibility with respect to specified education
      funding provisions. Provides for school district
20    flexibility in the transfer and expenditure of specified
      funds appropriated annually in the General Appropriations
21    Act. Provides for reports relating to the transfer of
      funds. Deletes the computation and use of an average
22    daily attendance factor in the determination of the
      annual allocation to each school district for operation.
23    Deletes obsolete provisions relating to a pilot of the
      Advanced International Certificate of Education Program.
24    Revises the basis of the quality assurance guarantee.

25  

26  

27  

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31  

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