House Bill hb0311

    Florida House of Representatives - 2002                 HB 311

        By Representative Harrell






  1                      A bill to be entitled

  2         An act relating to education finance; creating

  3         s. 236.08109, F.S.; authorizing school

  4         districts to opt out of the restrictions

  5         applied to allocations for formula-funded

  6         categorical programs and to use such funds at

  7         their discretion; exempting certain allocations

  8         tied to federal funds; providing requirements

  9         to obtain such discretionary spending

10         authority; requiring certain reporting;

11         providing an effective date.

12

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

14

15         Section 1.  Section 236.08109, Florida Statutes, is

16  created to read:

17         236.08109  Discretionary spending authority on funds

18  allocated for formula-funded categorical programs.--

19         (1)  Notwithstanding s. 236.081 or any other provision

20  of law to the contrary, any school district receiving funds

21  appropriated in the General Appropriations Act for

22  formula-funded categorical programs and allocated as provided

23  by the Florida Education Finance Program Appropriation

24  Allocation Conference pursuant to s. 236.078 may, if

25  authorized by the Commissioner of Education, treat those funds

26  as a lump-sum allocation to be spent for the purposes for

27  which allocated in any manner determined by the school board

28  or for any other purposes as determined by the school board.

29  The discretionary spending authority granted by this section

30  does not apply to funds allocated to a categorical program as

31

                                  1

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






    Florida House of Representatives - 2002                 HB 311

    767-114-02






  1  a necessary condition to the receipt of federal funds for that

  2  program.

  3         (2)  The Commissioner of Education shall grant the

  4  discretionary spending authority under this section for a

  5  period of one fiscal year to any school district that submits

  6  a request for such spending authority to the commissioner

  7  prior to the convening of the initial allocation conference

  8  under s. 236.078, provided that at least one of the following

  9  eligibility requirements is met:

10         (a)  The school district has earned a district

11  performance grade of "A" or "B" as determined pursuant to s.

12  229.57(16).

13         (b)  The school district has no school within the

14  district with a school performance grade below the grade of

15  "B" as determined pursuant to s. 229.57(8).

16         (c)  The school district has been granted deregulated

17  status pursuant to s. 228.0565.

18         (d)  The school district has submitted, with the

19  request for discretionary spending authority, a plan that

20  establishes improvement goals for low-performing schools

21  within the district.  The plan must include:

22         1.  The number and type of schools within the district.

23         2.  The performance grades for each school within the

24  district.

25         3.  The number of schools within the district with a

26  performance grade of "D" or "F" that the district intends to

27  improve at least one letter grade during the year in which

28  discretionary spending authority is granted.

29         (3)  In reporting its expenditures under s. 237.34, a

30  school district granted discretionary spending authority under

31  this section shall report on a school-by-school and a

                                  2

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






    Florida House of Representatives - 2002                 HB 311

    767-114-02






  1  district-aggregate basis how all funds, including federal

  2  funds, allocated to the district for formula-funded

  3  categorical programs were expended.

  4         Section 2.  This act shall take effect July 1, 2002.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Authorizes school districts to opt out of the
  9    restrictions applied to allocations for formula-funded
      categorical programs and to use such funds at their
10    discretion.  Exempts certain allocations tied to federal
      funds.  Provides requirements to obtain such
11    discretionary spending authority.  Requires reporting on
      the expenditure of all categorical funds allocated,
12    including federal funds.  See bill for details.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

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