HOUSE AMENDMENT Bill No. CS/CS/SB 1436
1	CHAMBER ACTION
2	Senate House
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12	Representative Kilmer, Pickens, Simmons, Arza, Baxley, Mealor,
13	Mayfield, Stansel, Sansom, Attkisson, and Harrell offered the
14	following:
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16	Amendment (with title amendment)
17	Remove everything after the enacting clause, and insert:
18	Section 1. This act shall be known by the popular name the
19	"Quality Education Act," with emphasis on class size reduction
20	and better educated students and teachers (BEST) Florida
21	teaching.
22	Section 2. Subsections (14) and (15) are added to section
23	1003.01, Florida Statutes, to read:
24	1003.01 Definitions.--As used in this chapter, the term:
25	(14) "Core-curricula courses" means courses defined by the
26	State Board of Education as mathematics, language arts/reading,
27	science, social studies, foreign language, English for Speakers
28	of Other Languages, or exceptional student education and courses
29	taught in traditional, self-contained elementary school
30	classrooms. The term is limited in meaning and used for the sole
31	purpose of designating classes that are subject to the maximum
32	class size requirements established in s. 1, Art. IX of the
33	State Constitution.
34	(15) "Extracurricular courses" means all courses that are
35	not defined as core-curricula courses. The term is limited in
36	meaning and used for the sole purpose of designating classes
37	that are not subject to the maximum class size requirements
38	established in s. 1, Art. IX of the State Constitution.
39	Section 3. Section 1003.03, Florida Statutes, is amended
40	to read:
41	(Substantial rewording of section. See
42	s. 1003.03, F.S., for present text.)
43	1003.03 Maximum class size.--
44	(1) LEGISLATIVE INTENT.--It is the intent of the
45	Legislature that s. 1, Art. IX of the State Constitution be
46	implemented in an efficient manner that preserves the choice
47	options available to parents and students. Accordingly, the
48	Legislature finds that lab schools, charter schools, the Florida
49	Virtual School, eligible K–8 virtual schools, and the Florida
50	School for the Deaf and the Blind, as well as other alternatives
51	to traditional delivery of instruction in the public schools,
52	including, but not limited to, Advanced Placement, International
53	Baccalaureate, Advanced International Certificate of Education,
54	and dual enrollment courses, are not encompassed in the
55	definition of core-curricula courses for purposes of
56	implementing s. 1, Art. IX of the State Constitution.
57	(2) CONSTITUTIONAL CLASS SIZE MAXIMUMS.--Pursuant to s. 1,
58	Art. IX of the State Constitution, beginning in the 2010-2011
59	school year:
60	(a) The maximum number of students assigned to each
61	teacher who is teaching a core-curricula course in public school
62	classrooms for prekindergarten through grade 3 may not exceed 18
63	students.
64	(b) The maximum number of students assigned to each
65	teacher who is teaching a core-curricula course in public school
66	classrooms for grades 4 through 8 may not exceed 22 students.
67	(c) The maximum number of students assigned to each
68	teacher who is teaching a core-curricula course in public school
69	classrooms for grades 9 through 12 may not exceed 25 students.
70	(3) IMPLEMENTATION.--
71	(a) Beginning with the 2003-2004 fiscal year, each school
72	district that is not in compliance with the maximums described
73	in subsection (2) shall reduce the average number of students
74	per classroom in each of the following grade groupings:
75	prekindergarten through grade 3, grade 4 through grade 8, and
76	grade 9 through grade 12, by at least two students each year.
77	(b) Determination of the average number of students per
78	classroom as described in paragraph (a) shall be calculated as
79	follows:
80	1. For fiscal years 2003-2004 through 2005-2006, the
81	calculation for compliance for each of the three grade groupings
82	shall be the average at the school district level.
83	2. For fiscal years 2006-2007 and 2007-2008, the
84	calculation for compliance for each of the three grade groupings
85	shall be the average at the school level.
86	3. For fiscal years 2008-2009, 2009-2010, and thereafter,
87	the calculation for compliance for each of the three grade
88	groupings shall be at the individual classroom level.
89	(c) The Department of Education shall annually calculate
90	each of the three average class size measures described in
91	paragraphs (a) and (b) based upon the October student membership
92	survey. For purposes of determining the baseline from which each
93	school district's average class size must be reduced for the
94	2003-2004 school year, the department shall use data from the
95	March 2003 student membership survey updated to include
96	classroom identification numbers as required by the department.
97	(d) Prior to the adoption of the school district budget
98	for 2003-2004, each district school board shall hold public
99	hearings to review school attendance zones in order to ensure
100	maximum use of facilities while minimizing the additional use of
101	transportation in order to comply with the two-student-per-year
102	reduction required in paragraph (a). School districts that meet
103	the constitutional class size maximums described in subsection
104	(2) are exempt from this requirement.
105
106	As alternatives to instruction in traditional public schools,
107	courses provided by lab schools, charter schools, the Florida
108	Virtual School, eligible K–8 virtual schools, and the Florida
109	School for the Deaf and the Blind and Advanced Placement,
110	International Baccalaureate, Advanced International Certificate
111	of Education, and dual enrollment courses are not encompassed
112	within the definition of core-curricula courses in public school
113	classrooms. School districts shall make every effort to further
114	reduce exceptional student education and English for Speakers of
115	Other Languages class sizes below the class size maximums as
116	necessary to provide high-quality instruction for these special
117	needs students.
118	(4) IMPLEMENTATION OPTIONS.--District school boards must
119	consider, but are not limited to, implementing the following
120	items in order to meet the constitutional class size maximums
121	described in subsection (2) and the two-student-per-year
122	reduction required in subsection (3):
123	(a) Adopt policies to encourage qualified students to take
124	dual enrollment courses through community colleges and state
125	universities.
126	(b) Adopt policies to encourage students to take courses
127	from the Florida Virtual School and eligible K–8 virtual
128	schools.
129	(c)1. Repeal district school board policies that require
130	students to have more than 24 credits to graduate from high
131	school.
132	2. Adopt policies to allow students to graduate from high
133	school as soon as they pass the grade 10 FCAT and complete the
134	courses required for high school graduation.
135	(d) Use methods to maximize use of instructional staff,
136	such as changing required teaching loads and scheduling of
137	planning periods, deploying school district employees who have
138	professional certification to the classroom, using adjunct
139	educators, or using any other method not prohibited by law.
140	(e) Use innovative methods to reduce the cost of school
141	construction by using prototype school designs, using SMART
142	Schools designs, participating in the School Infrastructure
143	Thrift (SIT) Program, or using any other method not prohibited
144	by law.
145	(f) Use joint-use facilities through partnerships with
146	community colleges, state universities, and private colleges and
147	universities. Joint-use facilities available for use as K-12
148	classrooms that do not meet the K-12 State Regulations for
149	Educational Facilities in the Florida Building Code may be used
150	at the discretion of the district school board provided that
151	such facilities meet all other health, life, safety, and fire
152	codes.
153	(g) Adopt alternative methods of class scheduling, such as
154	block scheduling.
155	(h) Redraw school attendance zones to maximize use of
156	facilities while minimizing the additional use of
157	transportation.
158	(i) Operate schools beyond the normal operating hours to
159	provide classes in the evening or operate more than one session
160	of school during the day.
161	(j) Use year-round schools and other nontraditional
162	calendars that do not adversely impact annual assessment of
163	student achievement.
164	(k) Review and consider amending any collective bargaining
165	contracts that hinder the implementation of class size
166	reduction.
167	(l) Provide Florida Learning Access Grants in accordance
168	with s. 1002.395.
169	(m) Adopt policies to encourage the use of charter schools
170	that meet financial, management, accountability, and performance
171	standards as established by the State Board of Education.
172	(n) Use any other approach not prohibited by law.
173	(5) ACCOUNTABILITY.--
174	(a) Beginning in the 2004-2005 fiscal year, if the
175	Commissioner of Education determines for any year that a school
176	district has not reduced average class size as required in
177	subsection (3) at the time of the third FEFP calculation, the
178	department shall calculate an amount from the class size
179	reduction operating categorical that is proportionate to the
180	amount of class size reduction not accomplished. Upon
181	verification of the department's calculation by the Florida
182	Education Finance Program Appropriation Allocation Conference,
183	the Executive Office of the Governor shall transfer
184	undistributed funds, except for funds that have been encumbered
185	for classroom teacher contracts, equivalent to the calculated
186	amount from the school district's class size reduction operating
187	categorical to an approved fixed capital outlay appropriation
188	for class size reduction in the affected school district
189	pursuant to s. 216.292(13). The amount of such funds transferred
190	shall be the lesser of the amount specified above or the
191	undistributed balance of the school district's class size
192	reduction operating categorical.
193	(b) Beginning in the 2006-2007 school year, the
194	Commissioner of Education shall determine by January 15 of each
195	year which school districts have not met the two-student-per-
196	year reduction required in subsection (3) based upon a
197	comparison of the school district's October student membership
198	survey for the current school year and the March 2003 baseline
199	student membership survey. The commissioner shall report such
200	school districts to the Legislature. Each school district that
201	has not met the two-student-per-year reduction shall be required
202	to implement one of the following policies in the subsequent
203	school year unless the commissioner finds that the school
204	district comes into compliance based upon the February student
205	membership survey:
206	1. Year-round schools;
207	2. Double sessions;
208	3. Florida Learning Access Grants, pursuant to s.
209	1002.395;
210	4. Rezoning; or
211	5. Maximizing use of instructional staff by changing
212	required teacher loads and scheduling of planning periods,
213	deploying school district employees who have professional
214	certification to the classroom, using adjunct educators,
215	operating schools beyond the normal operating hours to provide
216	classes in the evening, or operating more than one session of
217	school during the day.
218	A school district that is required to implement one of the
219	policies outlined in subparagraphs 1.-5. shall correct in the
220	year of implementation any past deficiencies and bring the
221	school district into compliance with the two-student-per-year
222	reduction requirements pursuant to subsection (3). A school
223	district may choose to implement more than one of these
224	policies. The district school superintendent shall report to the
225	Commissioner of Education the extent to which the school
226	district implemented any of the policies outlined in
227	subparagraphs 1.-5. in a format to be specified by the
228	commissioner. The commissioner shall use the enforcement
229	authority provided in s. 1008.32 to ensure that school districts
230	comply with the provisions of this paragraph.
231	(c) Beginning in the 2007-2008 school year, the
232	Commissioner of Education shall annually determine which school
233	districts do not meet the requirements described in subsection
234	(3). In addition to enforcement authority provided in s.
235	1008.32, the commissioner shall develop a constitutional
236	compliance plan for each such school district that includes, but
237	is not limited to, redrawing school attendance zones to maximize
238	use of facilities while minimizing the additional use of
239	transportation, unless the commissioner finds that the school
240	district comes into compliance based upon the February student
241	membership survey and the other accountability policies listed
242	in paragraph (b). Each district school board shall implement
243	its constitutional compliance plan developed by the commissioner
244	until the school district complies with the constitutional class
245	size maximums.
246	Section 4. Section 1011.685, Florida Statutes, is created
247	to read:
248	1011.685 Class size reduction; operating categorical
249	fund.--
250	(1) There is created an operating categorical fund for
251	implementing the class size reduction provisions of s. 1, Art.
252	IX of the State Constitution. These funds shall be allocated to
253	each school district based on the school district's
254	proportionate share of FEFP base funding. Funds shall be
255	released upon the State Board of Education's approval of the
256	school district's class size reduction plan.
257	(2) Class size reduction operating categorical funds shall
258	be used by school districts for the following:
259	(a) To reduce class size in any lawful manner if the
260	school district has not met the constitutional class size
261	maximums identified in s. 1003.03(2) or the two-student-per-year
262	reduction required by s. 1003.03(3).
263	(b) Upon satisfying the requirements of paragraph (a), to
264	implement the requirements of ss. 1011.63 and 1012.231(2).
265	(c) Upon satisfying the requirements of paragraphs (a) and
266	(b), for any lawful operating expenditure; however, priority
267	should be given to increasing the salary of career teachers as
268	defined in s. 1012.231(2)(b).
269	(3) Notwithstanding the provisions of s. 1011.71(2), a
270	school district receiving funds under this section is authorized
271	until June 30, 2006, to use up to 2 mills of its nonvoted
272	capital improvement millage for any lawful operating expenditure
273	if the school district has met the constitutional class size
274	maximums identified in s. 1003.03(2); however, priority should
275	be given to increasing the salary of career teachers as defined
276	in s. 1012.231(2)(b). In order to exercise the authority of this
277	subsection, the school district must:
278	(a) Hold a public hearing that clearly communicates the
279	school district’s purpose for the use of the funds and, during a
280	regularly scheduled meeting of the district school board, vote
281	to use such funds in the manner and for the purpose identified
282	in the public hearing.
283	(b) Annually report to the Department of Education the
284	amount of funds used and the operating expenditures for which
285	the funds were used.
286	(4) The Department of Education shall collect all such
287	reports and shall report to the Governor, the President of the
288	Senate, and the Speaker of the House of Representatives by
289	December 31 of each year a summary of each school district’s use
290	of nonvoted capital improvement millage for operating
291	expenditures, including a summary of the amount of funds used
292	and the operating expenditures for which the funds were used.
293	(5) No later than June 30, 2006, the Legislature shall
294	review such reports for purposes of determining whether any
295	school district expended nonvoted capital improvement millage
296	while failing to comply with subsection (3) or any other
297	provision of law. Upon such review, if the Legislature so
298	directs, the Department of Education shall withhold from the
299	school district’s allocation from the Public Education Capital
300	Outlay and Debt Service Trust Fund no less than an amount of
301	funds equivalent to the amount determined by the Legislature to
302	have been so expended.
303	Section 5. Section 1013.735, Florida Statutes, is created
304	to read:
305	1013.735 Class Size Reduction Infrastructure Program.--
306	(1) ALLOCATION.--The Department of Education shall
307	allocate funds appropriated for the Class Size Reduction
308	Infrastructure Program, which is hereby established.
309	(2) DISTRICT PARTICIPATION.--In order to participate in
310	the Class Size Reduction Infrastructure Program, a district
311	school board shall:
312	(a) Enter into an interlocal agreement pursuant to s.
313	1013.33.
314	(b) Certify that the school district's inventory of
315	facilities listed in the Florida Inventory of School Houses is
316	accurate and up to date pursuant to s. 1013.31.
317	(c) Receive approval from the State Board of Education for
318	a capital outlay expenditure plan that is based on documented
319	infrastructure need and is limited only to construction,
320	renovation, and remodeling expenditures and purchase or lease-
321	purchase of relocatables for class size reduction.
322	(3) USE OF FUNDS.--In order to increase capacity to reduce
323	class size, a district school board shall expend the funds
324	received pursuant to this section only to:
325	(a) Construct, renovate, remodel, or repair educational
326	facilities that reduce class size and are in excess of funded
327	projects identified in the school district's 5-year work program
328	adopted prior to March 15, 2003; or
329	(b) Purchase or lease-purchase relocatable facilities that
330	are in excess of relocatables identified in the school
331	district's 5-year work program adopted prior to March 15, 2003.
332	Section 6. Effective upon this act becoming a law, section
333	1013.736, Florida Statutes, is created to read:
334	1013.736 District Effort Recognition Program.--
335	(1) RECOGNITION FUNDS.--From funds appropriated by the
336	Legislature, district effort recognition capital outlay grants
337	shall be made to eligible school districts in accordance with
338	the provisions of this section and the General Appropriations
339	Act. The funds appropriated in this section are not subject to
340	the provisions of s. 216.301.
341	(2) ELIGIBILITY.--Annually, the Department of Education
342	shall determine each school district's compliance with the
343	provisions of s. 1003.03 and determine the school district's
344	eligibility to receive a district effort recognition grant for
345	local school facilities projects pursuant to this section.
346	School districts shall be eligible for a district effort
347	recognition grant based upon participation in any of the
348	following:
349	(a) The school district levies a half-cent school capital
350	outlay sales surtax authorized in s. 212.055(6).
351	(b) The school district participates in the levy of the
352	local government infrastructure sales surtax authorized in s.
353	212.055(2).
354	(c) The school district levies voted millage for capital
355	outlay purposes as authorized in s. 9, Art. VII of the State
356	Constitution.
357	(d) The school district levies the full 2 mills of
358	nonvoted discretionary capital outlay millage authorized by s.
359	1011.71(2).
360	(e) The school district receives proceeds of school impact
361	fees greater than $500 per dwelling unit.
362	(3) ALLOCATION AND DISTRIBUTION OF FUNDS.--The department
363	shall allocate the annual amount of funds provided among all
364	eligible school districts based upon the school district's plan
365	approved by the State Board of Education and documented
366	infrastructure need, which shall be limited solely to
367	construction, renovation, and remodeling expenditures and
368	purchase or lease-purchase of relocatables for class size
369	reduction.
370	Section 7. Section 1013.737, Florida Statutes, is created
371	to read:
372	1013.737 Class Size Reduction Lottery Revenue Bond
373	Program.--There is established the Class Size Reduction Lottery
374	Revenue Bond Program.
375	(1) The issuance of revenue bonds is authorized to finance
376	or refinance the construction, acquisition, reconstruction, or
377	renovation of educational facilities. Such bonds shall be issued
378	pursuant to and in compliance with the provisions of s. 11(d),
379	Art. VII of the State Constitution, the provisions of the State
380	Bond Act, ss. 215.57-215.83, as amended, and the provisions of
381	this section.
382	(2) The bonds are payable from, and secured by a first
383	lien on, the first lottery revenues transferred to the
384	Educational Enhancement Trust Fund each fiscal year, as provided
385	by s. 24.121(2), and do not constitute a general obligation of,
386	or a pledge of the full faith and credit of, the state.
387	(3) The state hereby covenants with the holders of such
388	revenue bonds that it will not take any action that will
389	materially and adversely affect the rights of such holders so
390	long as bonds authorized by this section are outstanding. The
391	state does hereby additionally authorize the establishment of a
392	covenant in connection with the bonds which provides that any
393	additional funds received by the state from new or enhanced
394	lottery programs or other similar activities will first be
395	available for payments relating to bonds pledging revenues
396	available pursuant to s. 24.121(2) prior to use for any other
397	purpose.
398	(4) The bonds shall be issued by the Division of Bond
399	Finance of the State Board of Administration on behalf of the
400	Department of Education in such amount as shall be requested by
401	resolution of the State Board of Education. However, the total
402	principal amount of bonds, excluding refunding bonds, issued
403	pursuant to this section shall not exceed $600 million.
404	(5) Proceeds available from the sale of the bonds shall be
405	deposited in the Lottery Capital Outlay and Debt Service Trust
406	Fund within the Department of Education.
407	(6) The facilities to be financed with the proceeds of
408	such bonds are designated as state fixed capital outlay projects
409	for purposes of s. 11(d), Art. VII of the State Constitution,
410	and the specific facilities to be financed shall be determined
411	in accordance with state law and appropriations from the
412	Educational Enhancement Trust Fund. Prior to the release of
413	funds, the State Board of Education must approve each school
414	district's expenditure plan, which plan must be based on
415	documented infrastructure need and be limited solely to
416	construction, renovation, and remodeling expenditures and
417	purchase or lease-purchase of relocatables for class size
418	reduction. Projects shall be funded from the Lottery Capital
419	Outlay and Debt Service Trust Fund. Each educational facility to
420	be financed with the proceeds of the bonds issued pursuant to
421	this section is hereby approved as required by s. 11(f), Art.
422	VII of the State Constitution.
423	(7) Any complaint for validation of such bonds is required
424	to be filed only in the circuit court of the county where the
425	seat of state government is situated. The notice required to be
426	published by s. 75.06 is required to be published only in the
427	county where the complaint is filed, and the complaint and order
428	of the circuit court need be served only on the state attorney
429	of the circuit in which the action is pending.
430	(8) The Commissioner of Education shall provide for timely
431	encumbrances of funds for duly authorized projects. Encumbrances
432	may include proceeds to be received under a resolution approved
433	by the State Board of Education authorizing issuance of class
434	size reduction lottery bonds pursuant to s. 11(d), Art. VII of
435	the State Constitution, this section, and other applicable law.
436	Section 8. Subsection (2) of section 24.121, Florida
437	Statutes, is amended to read:
438	24.121 Allocation of revenues and expenditure of funds for
439	public education.--
440	(2) Each fiscal year, at least 38 percent of the gross
441	revenue from the sale of on-line lottery tickets, variable
442	percentages of the gross revenue from the sale of instant
443	lottery tickets as determined by the department consistent with
444	subsection (1), and other earned revenue, excluding application
445	processing fees, shall be deposited in the Educational
446	Enhancement Trust Fund, which is hereby created in the State
447	Treasury to be administered by the Department of Education. The
448	Department of the Lottery shall transfer moneys to the
449	Educational Enhancement Trust Fund at least once each quarter.
450	Funds in the Educational Enhancement Trust Fund shall be used to
451	the benefit of public education in accordance with the
452	provisions of this act. Notwithstanding any other provision of
453	law, a maximum of $180 million oflottery revenues transferred
454	to the Educational Enhancement Trust Fund in fiscal year 1997-
455	1998 and for 30 years thereaftershall be reserved as needed and
456	used to meet the requirements of the documents authorizing the
457	bonds issued by the state pursuant to s. 1013.68,or s. 1013.70,
458	or s. 1013.737or distributed to school districts for the
459	Classrooms First Program as provided in s. 1013.68. Such lottery
460	revenues are hereby pledged to the payment of debt service on
461	bonds issued by the state pursuant to s. 1013.68,or s. 1013.70,
462	or s. 1013.737. Debt service payable on bonds issued by the
463	state pursuant to s. 1013.68,or s. 1013.70, or s. 1013.737
464	shall be payable from, and are secured by a first lien on,the
465	first lottery revenues transferred to the Educational
466	Enhancement Trust Fund in each fiscal year. Amounts
467	distributable to school districts that request the issuance of
468	bonds pursuant to s. 1013.68(3) are hereby pledged to such bonds
469	pursuant to s. 11(d), Art. VII of the State Constitution. The
470	amounts distributed through the Classrooms First Program shall
471	equal $145 million in each fiscal year. These funds are intended
472	to provide up to $2.5 billion for public school facilities.
473	Section 9. Effective upon this act becoming a law,
474	subsection (13) of section 121.091, Florida Statutes, is amended
475	to read:
476	121.091 Benefits payable under the system.-- Benefits may
477	not be paid under this section unless the member has terminated
478	employment as provided in s. 121.021(39)(a) or begun
479	participation in the Deferred Retirement Option Program as
480	provided in subsection (13), and a proper application has been
481	filed in the manner prescribed by the department. The department
482	may cancel an application for retirement benefits when the
483	member or beneficiary fails to timely provide the information
484	and documents required by this chapter and the department's
485	rules. The department shall adopt rules establishing procedures
486	for application for retirement benefits and for the cancellation
487	of such application when the required information or documents
488	are not received.
489	(13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
490	subject to the provisions of this section, the Deferred
491	Retirement Option Program, hereinafter referred to as the DROP,
492	is a program under which an eligible member of the Florida
493	Retirement System may elect to participate, deferring receipt of
494	retirement benefits while continuing employment with his or her
495	Florida Retirement System employer. The deferred monthly
496	benefits shall accrue in the System Trust Fund on behalf of the
497	participant, plus interest compounded monthly, for the specified
498	period of the DROP participation, as provided in paragraph (c).
499	Upon termination of employment, the participant shall receive
500	the total DROP benefits and begin to receive the previously
501	determined normal retirement benefits. Participation in the DROP
502	does not guarantee employment for the specified period of DROP.
503	Participation in the DROP by an eligible member beyond the
504	initial 60-month period as authorized in this subsection shall
505	be on an annual contractual basis for all participants.
506	(a) Eligibility of member to participate in the DROP.--All
507	active Florida Retirement System members in a regularly
508	established position, and all active members of either the
509	Teachers' Retirement System established in chapter 238 or the
510	State and County Officers' and Employees' Retirement System
511	established in chapter 122 which systems are consolidated within
512	the Florida Retirement System under s. 121.011, are eligible to
513	elect participation in the DROP provided that:
514	1. The member is not a renewed member of the Florida
515	Retirement System under s. 121.122, or a member of the State
516	Community College System Optional Retirement Program under s.
517	121.051, the Senior Management Service Optional Annuity Program
518	under s. 121.055, or the optional retirement program for the
519	State University System under s. 121.35.
520	2. Except as provided in subparagraph 6., election to
521	participate is made within 12 months immediately following the
522	date on which the member first reaches normal retirement date,
523	or, for a member who reaches normal retirement date based on
524	service before he or she reaches age 62, or age 55 for Special
525	Risk Class members, election to participate may be deferred to
526	the 12 months immediately following the date the member attains
527	57, or age 52 for Special Risk Class members. For a member who
528	first reached normal retirement date or the deferred eligibility
529	date described above prior to the effective date of this
530	section, election to participate shall be made within 12 months
531	after the effective date of this section. A member who fails to
532	make an election within such 12-month limitation period shall
533	forfeit all rights to participate in the DROP. The member shall
534	advise his or her employer and the division in writing of the
535	date on which the DROP shall begin. Such beginning date may be
536	subsequent to the 12-month election period, but must be within
537	the 60-month or, with respect to members who are instructional
538	or administrative personnel employed by a community college in
539	areas of critical need identified by the district board of
540	trustees and who have received authorization by the district
541	board of trustees to participate in the DROP beyond 60 months,
542	or who are instructional or administrative personnel employed by
543	the Florida School for the Deaf and the Blind and who have
544	received authorization by the Board of Trustees of the Florida
545	School for the Deaf and the Blind to participate in the DROP
546	beyond 60 months, or who are instructional personnel as defined
547	in s. 1012.01(2)(a)-(d) in grades K-12 or administrative
548	personnel as defined in s. 1012.01(3) in grades K-12 and who
549	have received authorization by the district school
550	superintendent to participate in the DROP beyond 60 months, the
551	96-monthlimitation period as provided in subparagraph (b)1.
552	When establishing eligibility of the member to participate in
553	the DROP for the 60-month or, with respect to members who are
554	instructional or administrative personnel employed by a
555	community college in areas of critical need identified by the
556	district board of trustees and who have received authorization
557	by the district board of trustees to participate in the DROP
558	beyond 60 months, or who are instructional or administrative
559	personnel employed by the Florida School for the Deaf and the
560	Blind and who have received authorization by the Board of
561	Trustees of the Florida School for the Deaf and the Blind to
562	participate in the DROP beyond 60 months, or who are
563	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
564	grades K-12 or administrative personnel as defined in s.
565	1012.01(3) in grades K-12 and who have received authorization by
566	the district school superintendent to participate in the DROP
567	beyond 60 months, the 96-monthmaximum participation period, the
568	member may elect to include or exclude any optional service
569	credit purchased by the member from the total service used to
570	establish the normal retirement date. A member with dual normal
571	retirement dates shall be eligible to elect to participate in
572	DROP within 12 months after attaining normal retirement date in
573	either class.
574	3. The employer of a member electing to participate in the
575	DROP, or employers if dually employed, shall acknowledge in
576	writing to the division the date the member's participation in
577	the DROP begins and the date the member's employment and DROP
578	participation will terminate.
579	4. Simultaneous employment of a participant by additional
580	Florida Retirement System employers subsequent to the
581	commencement of participation in the DROP shall be permissible
582	provided such employers acknowledge in writing a DROP
583	termination date no later than the participant's existing
584	termination date or the 60-month limitation period as provided
585	in subparagraph (b)1.
586	5. A DROP participant may change employers while
587	participating in the DROP, subject to the following:
588	a. A change of employment must take place without a break
589	in service so that the member receives salary for each month of
590	continuous DROP participation. If a member receives no salary
591	during a month, DROP participation shall cease unless the
592	employer verifies a continuation of the employment relationship
593	for such participant pursuant to s. 121.021(39)(b).
594	b. Such participant and new employer shall notify the
595	division on forms required by the division as to the identity of
596	the new employer.
597	c. The new employer shall acknowledge, in writing, the
598	participant's DROP termination date, which may be extended but
599	not beyond the original 60-month or, with respect to members who
600	are instructional or administrative personnel employed by a
601	community college in areas of critical need identified by the
602	district board of trustees and who have received authorization
603	by the district board of trustees to participate in the DROP
604	beyond 60 months, or who are instructional or administrative
605	personnel employed by the Florida School for the Deaf and the
606	Blind and who have received authorization by the Board of
607	Trustees of the Florida School for the Deaf and the Blind to
608	participate in the DROP beyond 60 months, or who are
609	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
610	grades K-12 or administrative personnel as defined in s.
611	1012.01(3) in grades K-12 and who have received authorization by
612	the district school superintendent to participate in the DROP
613	beyond 60 months, the 96-monthperiod provided in subparagraph
614	(b)1., shall acknowledge liability for any additional retirement
615	contributions and interest required if the participant fails to
616	timely terminate employment, and shall be subject to the
617	adjustment required in sub-subparagraph (c)5.d.
618	6. Effective July 1, 2001, for instructional personnel as
619	defined in s. 1012.01(2), election to participate in the DROP
620	shall be made at any time following the date on which the member
621	first reaches normal retirement date. The member shall advise
622	his or her employer and the division in writing of the date on
623	which the Deferred Retirement Option Program shall begin. When
624	establishing eligibility of the member to participate in the
625	DROP for the 60-month or, with respect to members who are
626	instructional or administrative personnel employed by a
627	community college in areas of critical need identified by the
628	district board of trustees and who have received authorization
629	by the district board of trustees to participate in the DROP
630	beyond 60 months, or who are instructional or administrative
631	personnel employed by the Florida School for the Deaf and the
632	Blind and who have received authorization by the Board of
633	Trustees of the Florida School for the Deaf and the Blind to
634	participate in the DROP beyond 60 months, or who are
635	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
636	grades K-12 or administrative personnel as defined in s.
637	1012.01(3) in grades K-12 and who have received authorization by
638	the district school superintendent to participate in the DROP
639	beyond 60 months, the 96-monthmaximum participation period, as
640	provided in subparagraph (b)1., the member may elect to include
641	or exclude any optional service credit purchased by the member
642	from the total service used to establish the normal retirement
643	date. A member with dual normal retirement dates shall be
644	eligible to elect to participate in either class.
645	(b) Participation in the DROP.—
646	1. An eligible member may elect to participate in the DROP
647	for a period not to exceed a maximum of 60 calendar months or,
648	with respect to members who are instructional or administrative
649	personnel employed by a community college in areas of critical
650	need identified by the district board of trustees and who have
651	received authorization by the district board of trustees to
652	participate in the DROP beyond the initial 60 calendar months on
653	an annual contractual basis, or who are instructional or
654	administrative personnel employed by the Florida School for the
655	Deaf and the Blind and who have received authorization by the
656	Board of Trustees of the Florida School for the Deaf and the
657	Blind to participate in the DROP beyond the initial 60 calendar
658	months on an annual contractual basis, or who are instructional
659	personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12 or
660	administrative personnel as defined in s. 1012.01(3) in grades
661	K-12 and who have received authorization by the district school
662	superintendent to participate in the DROP beyond the initial 60
663	calendar months on an annual contractual basis, a maximum of 96
664	calendar monthsimmediately following the date on which the
665	member first reaches his or her normal retirement date or the
666	date to which he or she is eligible to defer his or her election
667	to participate as provided in subparagraph (a)2. However, a
668	member who has reached normal retirement date prior to the
669	effective date of the DROP shall be eligible to participate in
670	the DROP for a period of time not to exceed 60 calendar months
671	or, with respect to members who are instructional or
672	administrative personnel employed by a community college in
673	areas of critical need identified by the district board of
674	trustees and who have received authorization by the district
675	board of trustees to participate in the DROP beyond the initial
676	60 calendar months on an annual contractual basis, or who are
677	instructional or administrative personnel employed by the
678	Florida School for the Deaf and the Blind and who have received
679	authorization by the Board of Trustees of the Florida School for
680	the Deaf and the Blind to participate in the DROP beyond the
681	initial 60 calendar months on an annual contractual basis, or
682	who are instructional personnel as defined in s. 1012.01(2)(a)-
683	(d) in grades K-12 or administrative personnel as defined in s.
684	1012.01(3) in grades K-12 and who have received authorization by
685	the district school superintendent to participate in the DROP
686	beyond the initial 60 calendar months on an annual contractual
687	basis, a maximum of 96 calendar monthsimmediately following the
688	effective date of the DROP, except a member of the Special Risk
689	Class who has reached normal retirement date prior to the
690	effective date of the DROP and whose total accrued value exceeds
691	75 percent of average final compensation as of his or her
692	effective date of retirement shall be eligible to participate in
693	the DROP for no more than 36 calendar months immediately
694	following the effective date of the DROP.
695	2. Upon deciding to participate in the DROP, the member
696	shall submit, on forms required by the division:
697	a. A written election to participate in the DROP;
698	b. Selection of the DROP participation and termination
699	dates, which satisfy the limitations stated in paragraph (a) and
700	subparagraph 1. Such termination date shall be in a binding
701	letter of resignation with the employer, establishing a deferred
702	termination date. The member may change the termination date
703	within the limitations of subparagraph 1., but only with the
704	written approval of his or her employer;
705	c. A properly completed DROP application for service
706	retirement as provided in this section; and
707	d. Any other information required by the division.
708	3. The DROP participant shall be a retiree under the
709	Florida Retirement System for all purposes, except for paragraph
710	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
711	and 121.122. However, participation in the DROP does not alter
712	the participant's employment status and such employee shall not
713	be deemed retired from employment until his or her deferred
714	resignation is effective and termination occurs as provided in
715	s. 121.021(39).
716	4. Elected officers shall be eligible to participate in
717	the DROP subject to the following:
718	a. An elected officer who reaches normal retirement date
719	during a term of office may defer the election to participate in
720	the DROP until the next succeeding term in that office. Such
721	elected officer who exercises this option may participate in the
722	DROP for up to 60 calendar months or a period of no longer than
723	such succeeding term of office, whichever is less.
724	b. An elected or a nonelected participant may run for a
725	term of office while participating in DROP and, if elected,
726	extend the DROP termination date accordingly, except, however,
727	if such additional term of office exceeds the 60-month
728	limitation established in subparagraph 1., and the officer does
729	not resign from office within such 60-month limitation, the
730	retirement and the participant's DROP shall be null and void as
731	provided in sub-subparagraph (c)5.d.
732	c. An elected officer who is dually employed and elects to
733	participate in DROP shall be required to satisfy the definition
734	of termination within the 60-month or, with respect to members
735	who are instructional or administrative personnel employed by a
736	community college in areas of critical need identified by the
737	district board of trustees and who have received authorization
738	by the district board of trustees to participate in the DROP
739	beyond 60 months, or who are instructional or administrative
740	personnel employed by the Florida School for the Deaf and the
741	Blind and who have received authorization by the Board of
742	Trustees of the Florida School for the Deaf and the Blind to
743	participate in the DROP beyond 60 months, or who are
744	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
745	grades K-12 or administrative personnel as defined in s.
746	1012.01(3) in grades K-12 and who have received authorization by
747	the district school superintendent to participate in the DROP
748	beyond 60 months, the 96-monthlimitation period as provided in
749	subparagraph 1. for the nonelected position and may continue
750	employment as an elected officer as provided in s. 121.053. The
751	elected officer will be enrolled as a renewed member in the
752	Elected Officers' Class or the Regular Class, as provided in ss.
753	121.053 and 121.22, on the first day of the month after
754	termination of employment in the nonelected position and
755	termination of DROP. Distribution of the DROP benefits shall be
756	made as provided in paragraph (c).
757	(c) Benefits payable under the DROP.--
758	1. Effective with the date of DROP participation, the
759	member's initial normal monthly benefit, including creditable
760	service, optional form of payment, and average final
761	compensation, and the effective date of retirement shall be
762	fixed. The beneficiary established under the Florida Retirement
763	System shall be the beneficiary eligible to receive any DROP
764	benefits payable if the DROP participant dies prior to the
765	completion of the period of DROP participation. In the event a
766	joint annuitant predeceases the member, the member may name a
767	beneficiary to receive accumulated DROP benefits payable. Such
768	retirement benefit, the annual cost of living adjustments
769	provided in s. 121.101, and interest shall accrue monthly in the
770	System Trust Fund. Such interest shall accrue at an effective
771	annual rate of 6.5 percent compounded monthly, on the prior
772	month's accumulated ending balance, up to the month of
773	termination or death.
774	2. Each employee who elects to participate in the DROP
775	shall be allowed to elect to receive a lump-sum payment for
776	accrued annual leave earned in accordance with agency policy
777	upon beginning participation in the DROP. Such accumulated leave
778	payment certified to the division upon commencement of DROP
779	shall be included in the calculation of the member's average
780	final compensation. The employee electing such lump-sum payment
781	upon beginning participation in DROP will not be eligible to
782	receive a second lump-sum payment upon termination, except to
783	the extent the employee has earned additional annual leave which
784	combined with the original payment does not exceed the maximum
785	lump-sum payment allowed by the employing agency's policy or
786	rules. Such early lump-sum payment shall be based on the hourly
787	wage of the employee at the time he or she begins participation
788	in the DROP. If the member elects to wait and receive such lump-
789	sum payment upon termination of DROP and termination of
790	employment with the employer, any accumulated leave payment made
791	at that time cannot be included in the member's retirement
792	benefit, which was determined and fixed by law when the employee
793	elected to participate in the DROP.
794	3. The effective date of DROP participation and the
795	effective date of retirement of a DROP participant shall be the
796	first day of the month selected by the member to begin
797	participation in the DROP, provided such date is properly
798	established, with the written confirmation of the employer, and
799	the approval of the division, on forms required by the division.
800	4. Normal retirement benefits and interest thereon shall
801	continue to accrue in the DROP until the established termination
802	date of the DROP, or until the participant terminates employment
803	or dies prior to such date. Although individual DROP accounts
804	shall not be established, a separate accounting of each
805	participant's accrued benefits under the DROP shall be
806	calculated and provided to participants.
807	5. At the conclusion of the participant's DROP, the
808	division shall distribute the participant's total accumulated
809	DROP benefits, subject to the following provisions:
810	a. The division shall receive verification by the
811	participant's employer or employers that such participant has
812	terminated employment as provided in s. 121.021(39)(b).
813	b. The terminated DROP participant or, if deceased, such
814	participant's named beneficiary, shall elect on forms provided
815	by the division to receive payment of the DROP benefits in
816	accordance with one of the options listed below. For a
817	participant or beneficiary who fails to elect a method of
818	payment within 60 days of termination of the DROP, the division
819	will pay a lump sum as provided in sub-sub-subparagraph (I).
820	(I) Lump sum.--All accrued DROP benefits, plus interest,
821	less withholding taxes remitted to the Internal Revenue Service,
822	shall be paid to the DROP participant or surviving beneficiary.
823	(II) Direct rollover.--All accrued DROP benefits, plus
824	interest, shall be paid from the DROP directly to the custodian
825	of an eligible retirement plan as defined in s. 402(c)(8)(B) of
826	the Internal Revenue Code. However, in the case of an eligible
827	rollover distribution to the surviving spouse of a deceased
828	participant, an eligible retirement plan is an individual
829	retirement account or an individual retirement annuity as
830	described in s. 402(c)(9) of the Internal Revenue Code.
831	(III) Partial lump sum.--A portion of the accrued DROP
832	benefits shall be paid to the DROP participant or surviving
833	spouse, less withholding taxes remitted to the Internal Revenue
834	Service, and the remaining DROP benefits shall be transferred
835	directly to the custodian of an eligible retirement plan as
836	defined in s. 402(c)(8)(B) of the Internal Revenue Code.
837	However, in the case of an eligible rollover distribution to the
838	surviving spouse of a deceased participant, an eligible
839	retirement plan is an individual retirement account or an
840	individual retirement annuity as described in s. 402(c)(9) of
841	the Internal Revenue Code. The proportions shall be specified by
842	the DROP participant or surviving beneficiary.
843	c. The form of payment selected by the DROP participant or
844	surviving beneficiary complies with the minimum distribution
845	requirements of the Internal Revenue Code.
846	d. A DROP participant who fails to terminate employment as
847	defined in s. 121.021(39)(b) shall be deemed not to be retired,
848	and the DROP election shall be null and void. Florida Retirement
849	System membership shall be reestablished retroactively to the
850	date of the commencement of the DROP, and each employer with
851	whom the participant continues employment shall be required to
852	pay to the System Trust Fund the difference between the DROP
853	contributions paid in paragraph (i) and the contributions
854	required for the applicable Florida Retirement System class of
855	membership during the period the member participated in the
856	DROP, plus 6.5 percent interest compounded annually.
857	6. The accrued benefits of any DROP participant, and any
858	contributions accumulated under such program, shall not be
859	subject to assignment, execution, attachment, or to any legal
860	process whatsoever, except for qualified domestic relations
861	orders by a court of competent jurisdiction, income deduction
862	orders as provided in s. 61.1301, and federal income tax levies.
863	7. DROP participants shall not be eligible for disability
864	retirement benefits as provided in subsection (4).
865	(d) Death benefits under the DROP.--
866	1. Upon the death of a DROP participant, the named
867	beneficiary shall be entitled to apply for and receive the
868	accrued benefits in the DROP as provided in sub-subparagraph
869	(c)5.b.
870	2. The normal retirement benefit accrued to the DROP
871	during the month of a participant's death shall be the final
872	monthly benefit credited for such DROP participant.
873	3. Eligibility to participate in the DROP terminates upon
874	death of the participant. If the participant dies on or after
875	the effective date of enrollment in the DROP, but prior to the
876	first monthly benefit being credited to the DROP, Florida
877	Retirement System benefits shall be paid in accordance with
878	subparagraph (7)(c)1. or subparagraph 2.
879	4. A DROP participants' survivors shall not be eligible to
880	receive Florida Retirement System death benefits as provided in
881	paragraph (7)(d).
882	(e) Cost-of-living adjustment.--On each July 1, the
883	participants' normal retirement benefit shall be increased as
884	provided in s. 121.101.
885	(f) Retiree health insurance subsidy.--DROP participants
886	are not eligible to apply for the retiree health insurance
887	subsidy payments as provided in s. 112.363 until such
888	participants have terminated employment and participation in the
889	DROP.
890	(g) Renewed membership.--DROP participants shall not be
891	eligible for renewed membership in the Florida Retirement System
892	under ss. 121.053 and 121.122 until termination of employment is
893	effectuated as provided in s. 121.021(39)(b).
894	(h) Employment limitation after DROP participation.--Upon
895	satisfying the definition of termination of employment as
896	provided in s. 121.021(39)(b), DROP participants shall be
897	subject to such reemployment limitations as other retirees.
898	Reemployment restrictions applicable to retirees as provided in
899	subsection (9) shall not apply to DROP participants until their
900	employment and participation in the DROP are terminated.
901	(i) Contributions.--
902	1. All employers paying the salary of a DROP participant
903	filling a regularly established position shall contribute 8.0
904	percent of such participant's gross compensation for the period
905	of July 1, 2002, through June 30, 2003, and 11.56 percent of
906	such compensation thereafter, which shall constitute the entire
907	employer DROP contribution with respect to such participant.
908	Such contributions, payable to the System Trust Fund in the same
909	manner as required in s. 121.071, shall be made as appropriate
910	for each pay period and are in addition to contributions
911	required for social security and the Retiree Health Insurance
912	Subsidy Trust Fund. Such employer, social security, and health
913	insurance subsidy contributions are not included in the DROP.
914	2. The employer shall, in addition to subparagraph 1.,
915	also withhold one-half of the entire social security
916	contribution required for the participant. Contributions for
917	social security by each participant and each employer, in the
918	amount required for social security coverage as now or hereafter
919	provided by the federal Social Security Act, shall be in
920	addition to contributions specified in subparagraph 1.
921	3. All employers paying the salary of a DROP participant
922	filling a regularly established position shall contribute the
923	percent of such participant's gross compensation required in s.
924	121.071(4), which shall constitute the employer's health
925	insurance subsidy contribution with respect to such participant.
926	Such contributions shall be deposited by the administrator in
927	the Retiree Health Insurance Subsidy Trust Fund.
928	(j) Forfeiture of retirement benefits.--Nothing in this
929	section shall be construed to remove DROP participants from the
930	scope of s. 8(d), Art. II of the State Constitution, s.
931	112.3173, and paragraph (5)(f). DROP participants who commit a
932	specified felony offense while employed will be subject to
933	forfeiture of all retirement benefits, including DROP benefits,
934	pursuant to those provisions of law.
935	(k) Administration of program.--The division shall make
936	such rules as are necessary for the effective and efficient
937	administration of this subsection. The division shall not be
938	required to advise members of the federal tax consequences of an
939	election related to the DROP but may advise members to seek
940	independent advice.
941	Section 10. Subsection (20) of section 1001.42, Florida
942	Statutes, is amended to read:
943	1001.42 Powers and duties of district school board.--The
944	district school board, acting as a board, shall exercise all
945	powers and perform all duties listed below:
946	(20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
947	anonymity of students in large schools, adopt policies to
948	encourage any large school that does not meet the definition of
949	a small school, as established by s. 1013.43(2),to subdivide
950	into schools-within-a-school that shall operate within existing
951	resources in accordance with the provisions of chapter 1003.
952	Section 11. Section 1002.395, Florida Statutes, is created
953	to read:
954	1002.395 Florida Learning Access Grants.--
955	(1) POPULAR NAME.--This section shall be known by the
956	popular name the “Florida Learning Access Grants Program."
957	(2) DISTRICT PARTICIPATION.--District school boards may
958	choose to implement the Florida Learning Access Grants program
959	as a strategy to reduce class size in their local school
960	districts pursuant to s. 1003.03(4). District school boards may
961	be required to participate in this program to reduce class size
962	if the Commissioner of Education so determines pursuant to s.
963	1003.03(5)(b).
964	(3) PARENTAL CHOICE.--The parent of any K-12 student in a
965	school district participating in the program pursuant to
966	subsection (2) who is enrolled and in attendance during the
967	October and February FTE enrollment counts in a Florida public
968	school may, for the following school year:
969	(a) Opt to have the student remain in the school in which
970	the student is enrolled; or
971	(b) Opt to request, on an annual basis, a Florida Learning
972	Access Grant to assist the parent in paying for the student’s
973	attendance at an eligible private school of the parent’s choice.
974	The grant shall be in the amount of $3,500 in 2003 dollars,
975	adjusted annually thereafter to reflect increases or decreases
976	in the Consumer Price Index, or the tuition charged by the
977	private school, whichever is less. The parent choosing a Florida
978	Learning Access Grant shall be responsible for the child's
979	transportation.
980	(4) PARTICIPATING SCHOOL DISTRICT OBLIGATIONS.--Each
981	school district participating in this program shall annually by
982	February 22, for each K-12 student eligible under subsection
983	(3), notify the parent that the school district has chosen to
984	offer Florida Learning Access Grants and provide the parent with
985	the parental choice options for the following school year as
986	provided in subsection (3).
987	(5) PARENT OBLIGATIONS.--
988	(a) The parent shall notify the school district as to
989	which of the options provided in subsection (3) the parent
990	wishes to choose.
991	1. Failure of the parent to provide notification shall
992	constitute the choice of the option provided by paragraph
993	(3)(a).
994	2. If the parent chooses the option provided by paragraph
995	(3)(b), the parent must:
996	a. Obtain acceptance for admission of the student to a
997	private school eligible under subsection (6) as soon as possible
998	and inform the private school that the student will be using a
999	Florida Learning Access Grant.
1000	b. Notify the Department of Education of the parent’s
1001	request for a Florida Learning Access Grant and the name and
1002	address of the selected private school.
1003	c. Agree to provide transportation for the student to the
1004	private school if necessary.
1005	d. Agree to pay any costs associated with the student’s
1006	attendance at the private school that exceed the annual amount
1007	of the Florida Learning Access Grant.
1008	e. Agree that the education provided by the private school
1009	selected shall satisfy the student’s full need for educational
1010	services from the student’s school.
1011	f. Ensure that the student takes a nationally normed
1012	examination as determined by the private school for each grade 3
1013	through 10. The results of the examination shall be provided to
1014	the parent.
1015	(b) After the first year of the student’s attendance at a
1016	private school under the Florida Learning Access Grants program,
1017	the parent must annually notify the Department of Education if
1018	the parent intends to renew the grant according to the
1019	provisions of subsection (8) in order for the student to
1020	continue in the program, together with the name and address of
1021	the private school selected for the student for the following
1022	year.
1023	(6) PRIVATE SCHOOL ELIGIBILITY.--Eligibility of a private
1024	school shall be determined by the parental oversight and
1025	accountability requirements that, coupled with the exercise of
1026	parental choice, are reasonably necessary to secure the
1027	educational public purpose. To be eligible to participate in the
1028	Florida Learning Access Grants program, a private school must be
1029	a Florida private school, may be sectarian or nonsectarian, and
1030	must:
1031	(a) Demonstrate fiscal soundness by being in operation for
1032	1 school year or provide the Department of Education with a
1033	statement by a certified public accountant confirming that the
1034	private school desiring to participate is insured and the owner
1035	or owners have sufficient capital or credit to operate the
1036	school for the upcoming year serving the number of students
1037	anticipated with expected revenues from tuition and other
1038	sources that may be reasonably expected. In lieu of such a
1039	statement, a surety bond or letter of credit for the amount
1040	equal to the Florida Learning Access Grant funds for any school
1041	year may be filed with the department.
1042	(b) Notify the Department of Education and the school
1043	district in the service areas in which the school is located of
1044	its intent to participate in the program under this section as
1045	early as possible, but no later than July 1 preceding the school
1046	year in which it intends to participate. The notice shall
1047	specify the grade levels and services that the private school
1048	has available for the Florida Learning Access Grants program.
1049	(c) Comply with the antidiscrimination provisions of 42
1050	U.S.C. s. 2002d.
1051	(d) Meet state and local health and safety laws and codes.
1052	(e) Comply with all state statutes applicable to the
1053	general regulation of private schools.
1054	(f) If a Florida Learning Access Grant student’s parent so
1055	requests, coordinate with the school district the locations and
1056	times for the student to take all statewide assessments pursuant
1057	to s. 1008.22.
1058	(7) INITIAL FLORIDA LEARNING ACCESS GRANTS.--
1059	(a) Initial Florida Learning Access Grants shall be
1060	offered on a first-come, first-served basis.
1061	(b) The number of initial Florida Learning Access Grants
1062	to be awarded shall be determined annually by the Department of
1063	Education based upon the department’s determination of the
1064	number that would be necessary to reduce class size to meet the
1065	school district’s two-student-per-year reduction requirements
1066	pursuant to s. 1003.03(3) or to meet the constitutional class
1067	size maximums described in s. 1003.03(2). However, district
1068	school boards may authorize more Florida Learning Access Grants
1069	than the number established by the department.
1070	(8) FLORIDA LEARNING ACCESS GRANT RENEWAL.--For purposes
1071	of educational continuity and parental choice, a Florida
1072	Learning Access Grant, once awarded, shall be renewable for as
1073	long as the parent is a Florida resident who opts for
1074	continuation of the grant for the student and the student
1075	lawfully attends an eligible private school through grade 12 or
1076	until the student graduates from high school. The Florida
1077	Learning Access Grant may be transferred from one eligible
1078	private school to another upon the school’s acceptance of the
1079	student and the parent’s provision of adequate notice to the
1080	Department of Education. A parent may, however, at any time opt
1081	to return the student to the public school.
1082	(9) FLORIDA LEARNING ACCESS GRANT DISBURSEMENT.--Upon
1083	proper documentation reviewed and approved by the Department of
1084	Education, the Chief Financial Officer shall make Florida
1085	Learning Access Grant payments in four equal amounts no later
1086	than September 1, November 1, February 1, and April 1 of each
1087	academic year. The initial payment shall be made after
1088	Department of Education verification of admission acceptance,
1089	and subsequent payments shall be made upon verification of the
1090	student’s continued enrollment and attendance at the private
1091	school. Payment must be by individual warrant made payable to
1092	the student’s parent and mailed by the Department of Education
1093	to the private school of the parent’s choice, and the parent
1094	shall restrictively endorse the warrant to the private school.
1095	(10) LIABILITY.--No liability shall arise on the part of
1096	the state based on the award or use of any Florida Learning
1097	Access Grant.
1098	(11) DEPARTMENT OF EDUCATION OBLIGATIONS.--
1099	(a)1. Upon notification of the number of students whose
1100	parents have opted to request initial Florida Learning Access
1101	Grants, the Department of Education shall transfer from general
1102	revenue funds appropriated to the school district the total
1103	amount of annual $3,500 grants for the school district’s
1104	students from the Florida Education Finance Program to a
1105	separate account for the disbursement of the initial Florida
1106	Learning Access Grants.
1107	2. The Department of Education shall, in its annual
1108	budget, provide for Florida Learning Access Grants for parents
1109	who wish their children to continue participation in the Florida
1110	Learning Access Grants program beyond the initial year of
1111	participation.
1112	(b) The Department of Education shall administer the
1113	Florida Learning Access Grants program, and the State Board of
1114	Education may adopt rules pursuant ss. 120.536(1) and 120.54 to
1115	implement the provisions of this section. However, the inclusion
1116	of eligible private schools within options available to Florida
1117	public school students does not expand the regulatory authority
1118	of the state, its officers, or any school district to impose any
1119	additional regulations on private schools beyond those
1120	reasonably necessary to enforce requirements expressly set forth
1121	in this section.
1122	Section 12. Section 1002.396, Florida Statutes, is created
1123	to read:
1124	1002.396 Kindergarten grants program.--
1125	(1) LEGISLATIVE INTENT; KINDERGARTEN GRANTS
1126	PROGRAM.--Recognizing the importance of each child having the
1127	best possible foundation for his or her success in school, it is
1128	the intent of the Legislature that the parents of a child who
1129	will have attained the age of 5 years on or before September 1
1130	of the school year or who is otherwise eligible to attend
1131	kindergarten in a Florida public school be given the option:
1132	(a) To enroll the child in and transport the child to
1133	kindergarten in any public school within the school district
1134	other than the school to which the child is assigned; or
1135	(b) To receive a kindergarten grant to enroll the child in
1136	an eligible private kindergarten of the parent's choice. The
1137	grant shall be in the amount of $3,500 in 2003 dollars, adjusted
1138	annually thereafter to reflect increases or decreases in the
1139	Consumer Price Index, or the tuition charged by the private
1140	kindergarten, whichever is less. The parent choosing a
1141	kindergarten grant shall be responsible for the child's
1142	transportation.
1143	(2) PARENT OBLIGATIONS.--
1144	(a) The parent choosing to participate in the kindergarten
1145	grants program shall notify the school district as to which of
1146	the options provided in subsection (1) the parent wishes to
1147	choose.
1148	(b) If the parent chooses the option provided in paragraph
1149	(1)(a), the parent shall inform the school district by May 1
1150	which public school the parent has selected, and the parent
1151	shall agree to provide any necessary transportation to the
1152	selected public school.
1153	(c) If the parent chooses the option provided in paragraph
1154	(1)(b), the parent shall:
1155	1. Obtain acceptance for admission of the child to a
1156	private kindergarten eligible under subsection (3) as soon as
1157	possible and inform the private kindergarten that the child will
1158	be using a kindergarten grant.
1159	2. Notify the Department of Education by July 1 of the
1160	parent's request for a kindergarten grant and the name and
1161	address of the selected private kindergarten.
1162	3. Agree to provide any necessary transportation for the
1163	child to the selected private kindergarten.
1164	4. Agree to pay any costs associated with the child's
1165	attendance at the private kindergarten that exceed the amount of
1166	the kindergarten grant.
1167	(3) PRIVATE KINDERGARTEN ELIGIBILITY.--Eligibility of a
1168	private kindergarten shall be determined by the parental
1169	oversight and accountability requirements that, coupled with the
1170	exercise of parental choice, are reasonably necessary to secure
1171	the educational public purpose. To be eligible to participate in
1172	the kindergarten grants program, a kindergarten must be a
1173	Florida private kindergarten, may be sectarian or nonsectarian,
1174	and must:
1175	(a) Demonstrate fiscal soundness by being in operation for
1176	1 school year or provide the Department of Education with a
1177	statement by a certified public accountant confirming that the
1178	private kindergarten desiring to participate is insured and the
1179	owner or owners have sufficient capital or credit to operate the
1180	kindergarten for the upcoming year serving the number of
1181	students anticipated with expected revenues from tuition and
1182	other sources that may be reasonably expected. In lieu of such a
1183	statement, a surety bond or letter of credit for the amount
1184	equal to the kindergarten grants funds for any school year may
1185	be filed with the department.
1186	(b) Notify the Department of Education and the school
1187	district in the service area in which the kindergarten is
1188	located of its intent to participate in the program under this
1189	section as early as possible, but no later than July 1 preceding
1190	the school year in which it intends to participate.
1191	(c) Comply with the antidiscrimination provisions of 42
1192	U.S.C. s. 2000d.
1193	(d) Meet state and local health and safety laws and codes.
1194	(e) Comply with all state statutes applicable to the
1195	general regulation of private schools.
1196	(4) KINDERGARTEN GRANT DISBURSEMENT.--Upon proper
1197	documentation reviewed and approved by the Department of
1198	Education, the Chief Financial Officer shall make kindergarten
1199	grant payments in four equal amounts no later than September 1,
1200	November 1, February 1, and April 1 of each academic year. The
1201	initial payment shall be made after Department of Education
1202	verification of admission acceptance, and subsequent payments
1203	shall be made upon verification of the student's continued
1204	enrollment and attendance at the private kindergarten. Payment
1205	must be by individual warrant made payable to the student's
1206	parent and mailed by the Department of Education to the private
1207	kindergarten of the parent's choice, and the parent shall
1208	restrictively endorse the warrant to the private kindergarten.
1209	(5) LIABILITY.--No liability shall arise on the part of
1210	the state based on the award or use of any kindergarten grant.
1211	(6) DEPARTMENT OF EDUCATION OBLIGATIONS.--
1212	(a) The Department of Education shall transfer from
1213	general revenue funds appropriated to the school district the
1214	total amount of annual $3,500 grants for the school district's
1215	students from the Florida Education Finance Program to a
1216	separate account for the disbursement of the kindergarten
1217	grants.
1218	(b) The Department of Education shall administer the
1219	kindergarten grants program and may adopt rules pursuant to ss.
1220	120.536(1) and 120.54 to implement the provisions of this
1221	section. However, the inclusion of eligible private schools
1222	within options available to Florida public school students does
1223	not expand the regulatory authority of the state, its officers,
1224	or any school district to impose any additional regulations on
1225	private schools beyond those reasonably necessary to enforce
1226	requirements expressly set forth in this section.
1227	Section 13. Section 1002.397, Florida Statutes, is created
1228	to read:
1229	1002.397 K-8 Virtual School Grants Program.--
1230	(1) K-8 VIRTUAL SCHOOL GRANTS PROGRAM.--Parents of a
1231	student who is eligible to attend kindergarten or grade 1, 2, 3,
1232	4, 5, 6, 7, or 8 and was enrolled and in attendance at a Florida
1233	public school during the October and February FTE enrollment
1234	counts or is entering kindergarten or first grade and has been
1235	assigned to a specific Florida public school shall be given the
1236	option to enroll the student in an eligible K-8 virtual school
1237	of the parent’s choice. The student shall be enrolled as a full-
1238	time student. The student shall be eligible for a virtual school
1239	grant in the amount of $4,800 in 2003 dollars, adjusted annually
1240	thereafter to reflect increases or decreases in the Consumer
1241	Price Index, or the tuition charged by the eligible K-8 virtual
1242	school, whichever is less. Students who are enrolled in
1243	traditional public school classes that are not in compliance
1244	with the maximum class sizes provided in s. 1003.03 or who have
1245	scored Level 1 on the Florida Comprehensive Assessment Test or
1246	have been retained shall be given priority.
1247	(2) STUDENT AND PARENT OBLIGATIONS.--
1248	(a) The parent of an eligible student choosing to
1249	participate in the K-8 Virtual School Grants Program shall
1250	notify the school district of the parent’s desire for the
1251	student to participate in the grants program.
1252	(b) The parent shall:
1253	1. Obtain acceptance for admission of the student to an
1254	eligible K-8 virtual school and inform the virtual school that
1255	the child will be using a virtual school grant.
1256	2. Notify the Department of Education by July 1 of the
1257	parent’s request for a K-8 virtual school grant and the name and
1258	address of the selected virtual school.
1259	3. Agree to pay any costs, including any transportation,
1260	associated with the child’s attendance at the K-8 virtual school
1261	that exceed the amount of the K-8 virtual school grant.
1262	(c) Each parent shall serve as, or provide, an onsite
1263	mentor or facilitator at the site where the student is
1264	physically located.
1265	(d) Each student shall have access to a singular,
1266	consistent curriculum that meets or exceeds the Sunshine State
1267	Standards and that has an interactive program with significant
1268	on-line components. Nothing in this section, however, shall
1269	prohibit a student from working at a different grade level in a
1270	subject within the singular curriculum.
1271	(e) Each student enrolled in an approved K-8 virtual
1272	school shall be a full-time student. Enrolled students must take
1273	all language arts, mathematics, science, history, and required
1274	courses for the grade level in which the student is enrolled.
1275	(f) Each student enrolled in an approved K-8 virtual
1276	school in grades 3, 4, 5, 6, 7, and 8 shall participate in the
1277	Florida Comprehensive Assessment Test (FCAT) in accordance with
1278	the requirement of s. 1008.22. Students in grades that are not
1279	required to take the FCAT shall participate in local assessments
1280	and in the K-3 state-approved assessment for reading adopted by
1281	Just Read Florida.
1282	(3) K-8 VIRTUAL SCHOOL ELIGIBILITY.--As used in this
1283	section, a “K-8 virtual school” means an independent public
1284	school that uses on-line and distance learning technology in
1285	order to deliver instruction to students in kindergarten and
1286	grades 1 through 8. Eligibility of a K-8 virtual school to
1287	participate in the K-8 Virtual School Grants Program shall be
1288	determined by the State Board of Education. To be eligible to
1289	participate in the program, a K-8 virtual school must:
1290	(a) Demonstrate fiscal soundness by being in operation for
1291	at least 1 school year or provide the Department of Education
1292	with a statement by a certified public accountant confirming
1293	that the K-8 virtual school desiring to participate is insured
1294	and the owner or owners have sufficient capital or credit to
1295	operate the school for the upcoming year serving the number of
1296	students anticipated with expected revenues from tuition and
1297	other sources that may be reasonably expected. In lieu of such a
1298	statement, a surety bond or letter of credit for the amount
1299	equal to the K-8 virtual school grants funds for any school year
1300	may be filed with the department.
1301	(b) Notify the Department of Education of its intent to
1302	participate in the program under this section as early as
1303	possible, but no later than July 1 preceding the school year in
1304	which it intends to participate, except that such notification
1305	deadline shall not apply in the first year of implementation.
1306	(c) Comply with the antidiscrimination provisions of 42
1307	U.S.C. s. 2000d.
1308	(d) Submit to the State Board of Education forecasted
1309	enrollment, actual enrollments, and grade completions for the K-
1310	8 virtual school according to procedures established by the
1311	State Board of Education. At a minimum, such procedures must
1312	include the number of students served by grade and by county of
1313	residence.
1314	(e) Provide, free of charge, all instructional materials
1315	for each student enrolled in the K–8 virtual school for as long
1316	as the student is enrolled. In addition, for each household with
1317	a student or students enrolled in a K-8 virtual school, the
1318	virtual school must make available, free of charge, a computer
1319	and a printer, in addition to a subsidized Internet connection,
1320	for as long as the student is enrolled. Nothing in this
1321	paragraph prevents students from using their own computers,
1322	printers, or Internet connections.
1323	(f) Conform all curriculum and course content to the
1324	Sunshine State Standards. All reading and other content area
1325	strategies shall be based on scientific research.
1326	(g) Administer the Florida Comprehensive Assessment Test
1327	(FCAT) in accordance with ss. 1008.22, 1008.23, and 1008.24 or,
1328	for those students in grades that are not required to take the
1329	FCAT, local assessments and the K-3 state-approved assessment
1330	for reading adopted by Just Read Florida.
1331	(h) Employ on-line teachers who are certified in Florida.
1332	All on-line teachers shall meet with each student at least once
1333	per month during each school semester, either face-to-face at
1334	the school facility or another mutually agreed upon location or
1335	via telephone. On-line teachers shall be available to students,
1336	parents, and onsite mentors and facilitators on a schedule
1337	equivalent to that of a normal public school day and normal
1338	public school calendar for each K-8 virtual school student's
1339	public school district in a variety of ways, including, but not
1340	limited to, telephone and electronic mail.
1341	(i) Maintain an administrative office, which shall be
1342	considered its principal place of business within the state.
1343	(4) K-8 VIRTUAL SCHOOL GRANT DISBURSEMENT.--Upon proper
1344	documentation reviewed and approved by the Department of
1345	Education, the Chief Financial Officer shall make K-8 virtual
1346	school grant payments in four equal amounts no later than
1347	September 1, November 1, February 1, and April 1 of each
1348	academic year. The initial payment shall be made after
1349	Department of Education verification of admission acceptance,
1350	and subsequent payments shall be made upon verification of the
1351	student’s continued enrollment. Payment must be by individual
1352	warrant made payable to the student’s parent and mailed by the
1353	Department of Education to the K-8 virtual school of the
1354	parent’s choice, and the parent shall restrictively endorse the
1355	warrant to the virtual school.
1356	(5) LIABILITY.--No liability shall arise on the part of
1357	the state based on the award or use of any K-8 virtual school
1358	grant.
1359	(6) DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
1360	of Education shall administer the K-8 Virtual School Grants
1361	Program.
1362	(a) The department may approve one or more K-8 virtual
1363	schools for the purpose of delivering K-8 on-line and distance
1364	learning education.
1365	(b) The department shall monitor each K-8 virtual school’s
1366	performance and annually evaluate each K-8 virtual school based
1367	on the following criteria:
1368	1. The extent to which the school demonstrates increases
1369	in student achievement according to the goals of the Sunshine
1370	State Standards.
1371	2. Student achievement data from the Florida Comprehensive
1372	Assessment Test (FCAT) for grades 3 through 8. The school shall
1373	be assigned a school performance grade under the school grading
1374	system. For those students in kindergarten and grades 1 and 2
1375	who are not required to take the FCAT, student achievement data
1376	shall be from local assessments and the K-3 state-approved
1377	assessment for reading adopted by Just Read Florida.
1378	3. Grade completion rate, based upon the goals of a
1379	70-percent completion rate, with 80 percent of those completing
1380	grades scoring at Level 3 or higher on the FCAT or at least
1381	satisfactory on the K-3 assessment.
1382	4. Parent satisfaction rate, based upon the goal of 80
1383	percent of parents of participating students indicating
1384	satisfaction with the school.
1385	5. The accountability and viability of the K-8 virtual
1386	school as demonstrated by its academic, fiscal, and operational
1387	performance.
1388
1389	The Department of Education shall report each K-8 virtual
1390	school’s performance to the State Board of Education, the
1391	President of the Senate, and the Speaker of the House of
1392	Representatives.
1393	(7) RULEMAKING.--The State Board of Education may adopt
1394	rules in accordance with ss. 120.536(1) and 120.54 as necessary
1395	to implement this section, including reporting requirements for
1396	K-8 virtual schools operating pursuant to this section.
1397	Section 14. Paragraph (b) of subsection (3), paragraph (e)
1398	of subsection (4), and paragraph (a) of subsection (6) of
1399	section 220.187, Florida Statues, are amended to read:
1400	220.187 Credits for contributions to nonprofit
1401	scholarship-funding organizations.--
1402	(3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
1403	CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
1404	(b) Notwithstanding any other provision of law,the total
1405	amount of tax credit which may be granted each state fiscal year
1406	under both this section and s. 220.1875 is $100$50million.
1407	(4) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
1408	ORGANIZATIONS.--
1409	(e) An eligible nonprofit scholarship-funding
1410	organization that receives an eligible contribution must spend
1411	100 percent of the eligible contribution to provide scholarships
1412	within 6 months after the date the contribution was received or
1413	in the same state fiscal year in which the contribution was
1414	received, whichever is later. No portion of eligible
1415	contributions may be used for administrative expenses. All
1416	interest accrued from contributions must be used for
1417	scholarships.
1418	(6) ADMINISTRATION; RULES.--
1419	(a) If the credit granted pursuant to this section is not
1420	fully used in any one year because of insufficient tax liability
1421	on the part of the corporation, the unused amount may notbe
1422	carried forward for a period not to exceed 3 years. A taxpayer
1423	may not convey, assign, or transfer the credit authorized by
1424	this section to another entity unless all of the assets of the
1425	taxpayer are conveyed, assigned, or transferred in the same
1426	transaction. This carryforward applies to all approved
1427	contributions made after January 1, 2002.
1428	Section 15. Paragraph (b) of subsection (2) and paragraph
1429	(a) of subsection (6) of section 1002.20, Florida Statutes, are
1430	amended to read:
1431	1002.20 K-12 student and parent rights.--K-12 students and
1432	their parents are afforded numerous statutory rights including,
1433	but not limited to, the following:
1434	(2) ATTENDANCE.--
1435	(b) Regular school attendance.--Parents of students who
1436	have attained the age of 6 years by February 1 of any school
1437	year but who have not attained the age of 16 years must comply
1438	with the compulsory school attendance laws. Parents have the
1439	option to comply with the school attendance laws by attendance
1440	of the student in a public school, including the Florida Virtual
1441	School operating pursuant to s. 1002.37; a parochial, religious,
1442	or denominational school; a private school; a home education
1443	program; a K-8 virtual school operating pursuant to s. 1002.397;
1444	or a private tutoring program, in accordance with the provisions
1445	of s. 1003.01(13)(14).
1446	(6) EDUCATIONAL CHOICE.--
1447	(a) Public school choices.--Parents of public school
1448	students may seek whatever public school choice options that are
1449	applicable to their students and are available to students in
1450	their school districts. These options may include controlled
1451	open enrollment, lab schools, charter schools, charter technical
1452	career centers, magnet schools, alternative schools, special
1453	programs, advanced placement, dual enrollment, International
1454	Baccalaureate, early admissions, credit by examination or
1455	demonstration of competency, the New World School of the Arts,
1456	the Florida School for the Deaf and the Blind, andthe Florida
1457	Virtual School, and K-8 virtual schools operating pursuant to s.
1458	1002.397. These options may also include the public school
1459	choice options of the Opportunity Scholarship Program and the
1460	McKay Scholarships for Students with Disabilities Program.
1461	Section 16. Subsection (13) of section 1002.33, Florida
1462	Statutes, is repealed, subsections (14) through (26) are
1463	renumbered as subsections (13) through (25), respectively, and
1464	paragraph (e) of subsection (10) and paragraph (a) of present
1465	subsection (21) of said section are amended to read:
1466	1002.33 Charter schools.--
1467	(10) ELIGIBLE STUDENTS.--
1468	(e) A charter school may limit the enrollment process only
1469	to target the following student populations:
1470	1. Students within specific age groups or grade levels.
1471	2. Students considered at risk of dropping out of school
1472	or academic failure. Such students shall include exceptional
1473	education students.
1474	3. Students enrolling in a charter school-in-the-workplace
1475	or charter school-in-a-municipality established pursuant to
1476	subsection (15)(16).
1477	4. Students residing within a reasonable distance of the
1478	charter school, as described in paragraph (20)(21)(c). Such
1479	students shall be subject to a random lottery and to the
1480	racial/ethnic balance provisions described in subparagraph
1481	(7)(a)8. or any federal provisions that require a school to
1482	achieve a racial/ethnic balance reflective of the community it
1483	serves or within the racial/ethnic range of other public schools
1484	in the same school district.
1485	5. Students who meet reasonable academic, artistic, or
1486	other eligibility standards established by the charter school
1487	and included in the charter school application and charter or,
1488	in the case of existing charter schools, standards that are
1489	consistent with the school's mission and purpose. Such standards
1490	shall be in accordance with current state law and practice in
1491	public schools and may not discriminate against otherwise
1492	qualified individuals.
1493	6. Students articulating from one charter school to
1494	another pursuant to an articulation agreement between the
1495	charter schools that has been approved by the sponsor.
1496	(13) NUMBER OF SCHOOLS.--
1497	(a) The number of newly created charter schools is limited
1498	to no more than 28 in each school district that has 100,000 or
1499	more students, no more than 20 in each school district that has
1500	50,000 to 99,999 students, and no more than 12 in each school
1501	district with fewer than 50,000 students.
1502	(b) An existing public school which converts to a charter
1503	school shall not be counted toward the limit established by
1504	paragraph (a).
1505	(c) Notwithstanding any limit established by this
1506	subsection, a district school board or a charter school
1507	applicant shall have the right to request an increase of the
1508	limit on the number of charter schools authorized to be
1509	established within the district from the State Board of
1510	Education.
1511	(d) Whenever a municipality has submitted charter
1512	applications for the establishment of a charter school feeder
1513	pattern (elementary, middle, and senior high schools), and upon
1514	approval of each individual charter application by the district
1515	school board, such applications shall then be designated as one
1516	charter school for all purposes listed pursuant to this section.
1517	(20)(21)SERVICES.--
1518	(a) A sponsor shall provide certain administrative and
1519	educational services to charter schools. These services shall
1520	include contract management services, full-time equivalent and
1521	data reporting services, exceptional student education
1522	administration services, test administration services,
1523	processing of teacher certificate data services, and information
1524	services. Any administrative fee charged by the sponsor for the
1525	provision of services shall be limited to 5 percent of the
1526	available funds defined in paragraph (17)(18)(b).
1527	Section 17. Subsection (6) of section 1002.41, Florida
1528	Statutes, is amended to read:
1529	1002.41 Home education programs.--
1530	(6) Home education students may participate in dual
1531	enrollment programs in accordance with the provisions of ss.
1532	1007.27(5)(4)and 1007.271(10).
1533	Section 18. Paragraph (i) is added to subsection (1) of
1534	section 1003.02, Florida Statutes, and subsection (4) of said
1535	section is amended, to read:
1536	1003.02 District school board operation and control of
1537	public K-12 education within the school district.--As provided
1538	in part II of chapter 1001, district school boards are
1539	constitutionally and statutorily charged with the operation and
1540	control of public K-12 education within their school district.
1541	The district school boards must establish, organize, and operate
1542	their public K-12 schools and educational programs, employees,
1543	and facilities. Their responsibilities include staff
1544	development, public K-12 school student education including
1545	education for exceptional students and students in juvenile
1546	justice programs, special programs, adult education programs,
1547	and career and technical education programs. Additionally,
1548	district school boards must:
1549	(1) Provide for the proper accounting for all students of
1550	school age, for the attendance and control of students at
1551	school, and for proper attention to health, safety, and other
1552	matters relating to the welfare of students in the following
1553	fields:
1554	(i) Parental notification of acceleration mechanisms.--At
1555	the beginning of each school year, notify parents of students in
1556	or entering high school of the opportunity and benefits of
1557	Advanced Placement, International Baccalaureate, Advanced
1558	International Certificate of Education, dual enrollment, and
1559	Florida Virtual School courses.
1560	(4) For any school within the district that is not in
1561	compliance with the small school size requirements of chapter
1562	1013,In order to reduce the anonymity of students in large
1563	schools, adopt policies that encourage subdivision of the school
1564	into schools-within-a-school, which shall operate within
1565	existing resources. A "school-within-a-school" means an
1566	operational program that uses flexible scheduling, team
1567	planning, and curricular and instructional innovation to
1568	organize groups of students with groups of teachers as smaller
1569	units, so as to functionally operate as a smaller school.
1570	Examples of this include, but are not limited to:
1571	(a) An organizational arrangement assigning both students
1572	and teachers to smaller units in which the students take some or
1573	all of their coursework with their fellow grouped students and
1574	from the teachers assigned to the smaller unit. A unit may be
1575	grouped together for 1 year or on a vertical, multiyear basis.
1576	(b) An organizational arrangement similar to that
1577	described in paragraph (a) with additional variations in
1578	instruction and curriculum. The smaller unit usually seeks to
1579	maintain a program different from that of the larger school, or
1580	of other smaller units. It may be vertically organized, but is
1581	dependent upon the school principal for its existence, budget,
1582	and staff.
1583	(c) A separate and autonomous smaller unit formally
1584	authorized by the district school board or district school
1585	superintendent. The smaller unit plans and runs its own program,
1586	has its own staff and students, and receives its own separate
1587	budget. The smaller unit must negotiate the use of common space
1588	with the larger school and defer to the building principal on
1589	matters of safety and building operation.
1590	Section 19. Section 1003.429, Florida Statutes, is created
1591	to read:
1592	1003.429 Accelerated high school graduation options.--
1593	(1) Beginning with the 2003-2004 school year, all students
1594	scheduled to graduate in 2004 and thereafter shall select one of
1595	the following three high school graduation options:
1596	(a) Completion of the general requirements for high school
1597	graduation pursuant to s. 1003.43;
1598	(b) Completion of a 3-year standard college preparatory
1599	program requiring successful completion of a minimum of 18
1600	academic credits in grades 9 through 12. The 18 credits shall
1601	be primary requirements and shall be distributed as follows:
1602	1. Four credits in English, with major concentration in
1603	composition and literature;
1604	2. Three credits in mathematics at the Algebra I level or
1605	higher from the list of courses that qualify for state
1606	university admission;
1607	3. Three credits in natural science, two of which must
1608	have a laboratory component;
1609	4. Three credits in social sciences;
1610	5. Two credits in the same second language unless the
1611	student is a native speaker of or can otherwise demonstrate
1612	competency in a language other than English. If the student
1613	demonstrates competency in another language, the student may
1614	replace the language requirement with two credits in other
1615	academic courses; and
1616	6. Three credits in electives; or
1617	(c) Completion of a 3-year career preparatory program
1618	requiring successful completion of a minimum of 18 academic
1619	credits in grades 9 through 12. The 18 credits shall be primary
1620	requirements and shall be distributed as follows:
1621	1. Four credits in English, with major concentration in
1622	composition and literature;
1623	2. Three credits in mathematics, one of which must be
1624	Algebra I;
1625	3. Three credits in natural science, two of which must
1626	have a laboratory component;
1627	4. Three credits in social sciences;
1628	5. Two credits in the same second language unless the
1629	student is a native speaker of or can otherwise demonstrate
1630	competency in a language other than English. If the student
1631	demonstrates competency in another language, the student may
1632	replace the language requirement with two credits in other
1633	academic courses; and
1634	6. Three credits in electives.
1635	(2) Beginning with the 2003-2004 school year, each
1636	district school board shall provide each student in grades 6
1637	through 12 and their parents with the 3-year and 4-year high
1638	school graduation options listed in subsection (1) with
1639	curriculum for the students and parents to select the
1640	postsecondary education or career plan that best fits their
1641	needs. The options shall include a timeframe for achieving each
1642	graduation option.
1643	(3) Selection of one of the graduation options listed in
1644	subsection (1) is exclusively up to the student and parent. If
1645	the student and parent fail to select a graduation option, the
1646	student shall be considered to have selected the general
1647	requirements for high school graduation pursuant to paragraph
1648	(1)(a).
1649	(4) District school boards shall not establish
1650	requirements for accelerated 3-year high school graduation
1651	options in excess of the requirements in paragraphs (1)(b) and
1652	(1)(c).
1653	(5) Students pursuing accelerated 3-year high school
1654	graduation options pursuant to paragraph (1)(b) or paragraph
1655	(1)(c) are required to:
1656	(a) Earn passing scores on the FCAT as defined in s.
1657	1008.22(3)(c).
1658	(b) Achieve a cumulative grade point average of 2.0 on a
1659	4.0 scale, or its equivalent, in the courses required by the
1660	chosen accelerated 3-year high school graduation option pursuant
1661	to paragraph (1)(b) or paragraph (1)(c).
1662	(6) A student who meets all requirements prescribed in
1663	subsections (1) and (5) shall be awarded a standard diploma in a
1664	form prescribed by the State Board of Education.
1665	Section 20. Paragraph (i) of subsection (1) of section
1666	1003.43, Florida Statutes, is amended to read:
1667	1003.43 General requirements for high school graduation.--
1668	(1) Graduation requires successful completion of either a
1669	minimum of 24 academic credits in grades 9 through 12 or an
1670	International Baccalaureate curriculum. The 24 credits shall be
1671	distributed as follows:
1672	(i) One-half credit in life management skills to include
1673	consumer education, positive emotional development, marriage and
1674	relationship skill-based education, nutrition, parenting skills,
1675	prevention of human immunodeficiency virus infection and
1676	acquired immune deficiency syndrome and other sexually
1677	transmissible diseases, benefits of sexual abstinence and
1678	consequences of teenage pregnancy, information and instruction
1679	on breast cancer detection and breast self-examination,
1680	cardiopulmonary resuscitation, drug education, and the hazards
1681	of smoking. Such credit shall be given for a course to be taken
1682	by all students in either the 9th or 10th grade.
1683	District school boards may award a maximum of one-half credit in
1684	social studies and one-half elective credit for student
1685	completion of nonpaid voluntary community or school service
1686	work. Students choosing this option must complete a minimum of
1687	75 hours of service in order to earn the one-half credit in
1688	either category of instruction. Credit may not be earned for
1689	service provided as a result of court action. District school
1690	boards that approve the award of credit for student volunteer
1691	service shall develop guidelines regarding the award of the
1692	credit, and school principals are responsible for approving
1693	specific volunteer activities. A course designated in the Course
1694	Code Directory as grade 9 through grade 12 that is taken below
1695	the 9th grade may be used to satisfy high school graduation
1696	requirements or Florida Academic Scholars award requirements as
1697	specified in a district school board's student progression plan.
1698	A student shall be granted credit toward meeting the
1699	requirements of this subsection for equivalent courses, as
1700	identified pursuant to s. 1007.271(6), taken through dual
1701	enrollment.
1702	Section 21. Paragraph (a) of subsection (1) of section
1703	1003.436, Florida Statutes, is amended to read:
1704	1003.436 Definition of "credit".--
1705	(1)(a) For the purposes of requirements for high school
1706	graduation, one full credit means a minimum of 120135hours of
1707	bona fide instruction in a designated course of study that
1708	contains student performance standards. A student may be awarded
1709	a credit for less than 120 hours of classroom instruction based
1710	on documented mastery of course requirements and Sunshine State
1711	Standards with approval by the district school board.The State
1712	Board of Education shall determine the number of postsecondary
1713	credit hours earned through dual enrollment pursuant to s.
1714	1007.271 that satisfy the requirements of a district's
1715	interinstitutional articulation agreement according to s.
1716	1007.235 and that equal one full credit of the equivalent high
1717	school course identified pursuant to s. 1007.271(6).
1718	Section 22. Paragraphs (a) and (b) of subsection (1) of
1719	section 1007.261, Florida Statutes, are amended to read:
1720	1007.261 State universities; admissions of students.--Each
1721	university board of trustees is authorized to adopt rules
1722	governing the admission of students, subject to this section and
1723	rules of the State Board of Education.
1724	(1) Minimum academic standards for undergraduate admission
1725	to a university include:
1726	(a) Each student must have received a high school diploma
1727	pursuant to s. 1003.429 ors. 1003.43, or its equivalent, except
1728	as provided in s. 1007.271(2)-(5) or completed a home education
1729	program according to s. 1002.41.
1730	(b) Each student must have successfully completed a
1731	college-preparatory curriculum of 1819 credits, which shall
1732	include, but not be limited to, four credits in English, with
1733	major concentration in composition and literature; three credits
1734	in mathematics; three credits in natural science, two of which
1735	must have a laboratory component; three credits in social
1736	sciences; and two credits in the same second languageas defined
1737	in rules of the State Board of Education, including at least 2
1738	credits of sequential foreign language at the secondary level or
1739	the equivalent of such instruction at the postsecondary level. A
1740	student who completes a home education program according to s.
1741	1002.41 is not required to document completion of the 1819
1742	credits required by this paragraph. A student whose native
1743	language is not English is exempt from the foreign language
1744	requirement, provided that the student demonstrates proficiency
1745	in the native language. If a standardized test is not available
1746	in the student's native language for the demonstration of
1747	proficiency, the university may provide an alternative method of
1748	assessment. The State Board of Education shall adopt rules for
1749	the articulation of foreign language competency and equivalency
1750	between secondary and postsecondary institutions. A student who
1751	received an associate in arts degree prior to September 1, 1989,
1752	or who enrolled in a program of studies leading to an associate
1753	degree from a community college prior to August 1, 1989, and
1754	maintains continuous enrollment shall be exempt from this
1755	admissions requirement.
1756	Section 23. Section 1007.27, Florida Statutes, is amended
1757	to read:
1758	1007.27 Articulated acceleration mechanisms.--
1759	(1) It is the intent of the Legislature that a variety of
1760	articulated acceleration mechanisms be available for secondary
1761	and postsecondary students attending public educational
1762	institutions. It is intended that articulated acceleration serve
1763	to shorten the time necessary for a student to complete the
1764	requirements associated with the conference of a high school
1765	diploma and a postsecondary degree, broaden the scope of
1766	curricular options available to students, or increase the depth
1767	of study available for a particular subject. It is the intent of
1768	the Legislature that school districts and public postsecondary
1769	educational institutions maximize the opportunities for students
1770	to utilize the acceleration mechanisms identified in this
1771	section. Articulated acceleration mechanisms shall include, but
1772	are not belimited to, dual enrollment as provided for in s.
1773	1007.271, early admission, advanced placement, credit by
1774	examination, the International Baccalaureate Program, and the
1775	Advanced International Certificate of Education Program. Credit
1776	earned through the Florida Virtual School shall provide
1777	additional opportunities for early graduation and acceleration.
1778	(2) School districts and public postsecondary educational
1779	institutions shall annually advise students and their parents of
1780	the opportunities available to students to participate in the
1781	acceleration mechanisms identified in this section.
1782	(3)(2) The State BoardDepartmentof Education shall
1783	identify the minimum scores, maximum credit, and course or
1784	courses for which credit is to be awarded for each College Level
1785	Examination Program (CLEP) general examination, CLEP subject
1786	examination, College Board Advanced Placement Program
1787	examination, and International Baccalaureate examination, and
1788	Advanced International Certificate of Education examination. In
1789	addition, the State Board of Educationdepartmentshall identify
1790	such courses in the general education core curriculum of each
1791	state university and community college.
1792	(4)(3)Each community college and state university must
1793	award credit for specific courses for which competency has been
1794	demonstrated by successful passage of one of the examinations in
1795	subsection (3)(2)unless the award of credit duplicates credit
1796	already awarded. Community colleges and state universities may
1797	not exempt students from courses without the award of credit if
1798	competencies have been so demonstrated.
1799	(5)(4)It is the intent of the Legislature to provide
1800	articulated acceleration mechanisms for students who are in home
1801	education programs, as defined in s. 1003.01(11), consistent
1802	with the educational opportunities available to public and
1803	private secondary school students. Home education students may
1804	participate in dual enrollment, career and technical dual
1805	enrollment, early admission, and credit by examination. Credit
1806	earned by home education students through dual enrollment shall
1807	apply toward the completion of a home education program that
1808	meets the requirements of s. 1002.41.
1809	(6)(5) Early admission isshall bea form of dual
1810	enrollment through which eligible secondary students enroll in a
1811	postsecondary institution on a full-time basis in courses that
1812	are creditable toward the high school diploma and the associate
1813	or baccalaureate degree. Students enrolled pursuant to this
1814	subsection shall be exempt from the payment of registration,
1815	tuition, and laboratory fees.
1816	(7)(6) Advanced placement isshall bethe enrollment of an
1817	eligible secondary student in a course offered through the
1818	Advanced Placement Program administered by the College Board.
1819	Postsecondary credit for an advanced placement course shall be
1820	limited to students who score a minimum of 3, on a 5-point
1821	scale, on the corresponding Advanced Placement Examination. The
1822	specific courses for which students receive such credit shall be
1823	determined by the State Board of Educationdepartment. Students
1824	of Florida public secondary schools enrolled pursuant to this
1825	subsection shall be exempt from the payment of any fees for
1826	administration of the examination regardless of whether or not
1827	the student achieves a passing score on the examination.
1828	(8)(7) Credit by examination isshall bethe program
1829	through which secondary and postsecondary students generate
1830	postsecondary credit based on the receipt of a specified minimum
1831	score on nationally standardized general or subject-area
1832	examinations. For the purpose of statewide application, such
1833	examinations and the corresponding minimum scores required for
1834	an award of credit shall be delineated by the State Board of
1835	Education in the statewide articulation agreement. The maximum
1836	credit generated by a student pursuant to this subsection shall
1837	be mitigated by any related postsecondary credit earned by the
1838	student prior to the administration of the examination. This
1839	subsection shall not preclude community colleges and
1840	universities from awarding credit by examination based on
1841	student performance on examinations developed within and
1842	recognized by the individual postsecondary institutions.
1843	(9)(8) The International Baccalaureate Program isshall be
1844	the curriculum in which eligible secondary students are enrolled
1845	in a program of studies offered through the International
1846	Baccalaureate Program administered by the International
1847	Baccalaureate Office. The State Board of Education shall
1848	establish rules which specify the cutoff scores and
1849	International Baccalaureate Examinations which will be used to
1850	grant postsecondary credit at community colleges and
1851	universities. Any such rules that, whichhave the effect of
1852	raising the required cutoff score or of changing the
1853	International Baccalaureate Examinations which will be used to
1854	grant postsecondary credit,shall only apply to students taking
1855	International Baccalaureate Examinations after such rules are
1856	adopted by the State Board of Education. Students shall be
1857	awarded a maximum of 30 semester credit hours pursuant to this
1858	subsection. The specific course for which a student receives
1859	such credit shall be determined by the State Board of Education
1860	department. Students enrolled pursuant to this subsection shall
1861	be exempt from the payment of any fees for administration of the
1862	examinations regardless of whether or not the student achieves a
1863	passing score on the examination.
1864	(10)(9)The Advanced International Certificate of
1865	Education Program isshall bethe curriculum in which eligible
1866	secondary students are enrolled in a program of studies offered
1867	through the Advanced International Certificate of Education
1868	program administered by the University of Cambridge Local
1869	Examinations Syndicate. The State Board of Education shall
1870	establish rules which specify the cutoff scores and Advanced
1871	International Certificate of Education examinations which will
1872	be used to grant postsecondary credit at community colleges and
1873	universities. Any such rules that, whichhave the effect of
1874	raising the required cutoff score or of changing the Advanced
1875	International Certification of Education examinations which will
1876	be used to grant postsecondary credit,shall apply to students
1877	taking Advanced International Certificate of Education
1878	Examinations after such rules are adopted by the State Board of
1879	Education. Students shall be awarded a maximum of 30 semester
1880	credit hours pursuant to this subsection. The specific course
1881	for which a student receives such credit shall be determined by
1882	the State Board of Educationcommunity college or university
1883	that accepts the student for admission. Students enrolled
1884	pursuant to this subsection shall be exempt from the payment of
1885	any fees for administration of the examinations regardless of
1886	whether or not the student achieves a passing score on the
1887	examination.
1888	(11)(10)Any student who earns 9 or more credits from one
1889	or more of the acceleration mechanisms provided for in this
1890	section is exempt from any requirement of a public postsecondary
1891	educational institution mandating enrollment during a summer
1892	term.
1893	(12) The State Board of Education may adopt rules pursuant
1894	to ss. 120.536(1) and 120.54 to implement the provisions of this
1895	section.
1896	Section 24. Acceleration mechanisms study.--
1897	(1) The State Board of Education shall conduct a review of
1898	the extent to which the acceleration mechanisms authorized by s.
1899	1007.27, Florida Statutes, are currently utilized by school
1900	districts, community colleges, and state universities and shall
1901	submit a report to the Governor, the President of the Senate,
1902	and the Speaker of the House of Representatives by December 31,
1903	2003.
1904	(2) The report must include a summary of ongoing
1905	activities and a plan to increase and enhance the use of
1906	acceleration mechanisms as a way to shorten the length of time
1907	as well as the funding required for a student to obtain a
1908	postsecondary degree.
1909	(3) The review and plan shall address at least the
1910	following issues:
1911	(a) The manner in which students are advised regarding the
1912	availability of acceleration mechanism options.
1913	(b) The availability of acceleration mechanism options to
1914	eligible students who wish to participate.
1915	(c) The grading practices, including weighting of courses,
1916	of school districts, community colleges, and state universities
1917	with regard to credit earned through acceleration mechanisms.
1918	(d) The extent to which credit earned through an
1919	acceleration mechanism is used to meet the general education
1920	requirements of a public postsecondary educational institution.
1921	(e) The extent to which the secondary instruction
1922	associated with acceleration mechanism options could be offered
1923	at sites other than public K-12 school sites to assist in
1924	meeting class size reduction needs.
1925	(f) The manner in which funding for instruction associated
1926	with acceleration mechanism options is provided.
1927	(g) The feasibility of providing students the option of
1928	choosing Advanced Placement credit or College Level Examination
1929	Program (CLEP) credit as an alternative to dual enrollment
1930	credit upon completion of a dual enrollment course.
1931	Section 25. Section 1003.62, Florida Statutes, is amended
1932	to read:
1933	1003.62 Academic performance-basedcharter school
1934	districts pilot program.--The State Board of Education mayis
1935	authorized to enter into a performance contract with up to six
1936	district school boards as authorized in this sectionfor the
1937	purpose of establishing them as academic performance-based
1938	charter school districts. The State Board of Education shall
1939	give priority to Hillsborough and Volusia Counties upon the
1940	submission of a completed precharter agreement or charter
1941	proposal for a charter school district. The purpose of this
1942	sectionpilot programis to examine a new relationship between
1943	the State Board of Education and district school boards that
1944	willmay produce significant improvements in student achievement
1945	and school management, while complying with constitutional and
1946	statutoryrequirements assigned to each entity.
1947	(1) ACADEMIC PERFORMANCE-BASED CHARTER SCHOOLDISTRICT.--
1948	(a) A school district shall be eligible for designation as
1949	an academic performance-based charter school district if it is a
1950	high-performing school district in which a minimum of 50 percent
1951	of the schools earn a performance grade category "A" or "B" and
1952	in which no school earns a performance grade category "D" or "F"
1953	for 2 consecutive years pursuant to s. 1008.34. Schools that
1954	receive a performance grade category "I" or "N" shall not be
1955	included in this calculation. The performance contract for a
1956	school district that earns a charter based on school performance
1957	grades shall be predicated on maintenance of at least 50 percent
1958	of the schools in the school district earning a performance
1959	grade category "A" or "B" with no school in the school district
1960	earning a performance grade category "D" or "F" for 2
1961	consecutive years. A school district in which the number of
1962	schools that earn a performance grade of “A” or “B” is less than
1963	50 percent may have its charter renewed for 1 year; however, if
1964	the percentage of “A” or “B” schools is less than 50 percent for
1965	2 consecutive years, the charter shall not be renewed.
1966	(b) A school district that satisfies the eligibility
1967	criteria for designation as an academic performance-based
1968	charter school district may be so designated upon a
1969	supermajority vote byin Florida in whichthe district school
1970	board after havinghassubmitted and the State Board of
1971	Education havinghasapproved a charter proposal that exchanges
1972	statutory and rule exemption, as authorized by this section,for
1973	agreement to meet performance goals in the proposal. The
1974	academic performance-based charter school district shall be
1975	chartered for 1 year3 years, at the end of which the
1976	performance shall be evaluated. If maintenance of high-
1977	performing school district status pursuant to paragraph (a) is
1978	not documented in accordance with State Board of Education
1979	rule, the charter shall not be renewed.
1980	(2) EXEMPTION FROM STATUTES AND RULES.--
1981	(a) An academic performance-based charter school district
1982	shall operate in accordance with its charter and shall be exempt
1983	from certain State Board of Education rules and statutes if the
1984	State Board of Education determines such an exemption will
1985	assist the district in maintaining or improving its
1986	high-performing status pursuant to paragraph (1)(a). However,
1987	the State Board of Education may not exempt an academic
1988	performance-based charter school district from any of the
1989	following statutes:
1990	1. Those statutes pertaining to the provision of services
1991	to students with disabilities.
1992	2. Those statutes pertaining to civil rights, including s.
1993	1000.05, relating to discrimination.
1994	3. Those statutes pertaining to student health, safety,
1995	and welfare.
1996	4. Those statutes governing the election or compensation
1997	of district school board members.
1998	5. Those statutes pertaining to the student assessment
1999	program and the school grading system, including chapter 1008.
2000	6. Those statutes pertaining to financial matters,
2001	including chapter 1010.
2002	7. Those statutes pertaining to planning and budgeting,
2003	including chapter 1011, except that ss. 1011.64 and 1011.69
2004	shall be eligible for exemption.
2005	8. Sections 1012.22(1)(c) and 1012.27(2), relating to
2006	performance-pay policies for school administrators and
2007	instructional personnel. Professional service contracts shall be
2008	subject to the provisions of ss. 1012.33 and 1012.34.
2009	9. Those statutes pertaining to educational facilities,
2010	including chapter 1013, except as specified under contract with
2011	the State Board of Education. However, no contractual provision
2012	that could have the effect of requiring the appropriation of
2013	additional capital outlay funds to the academic performance-
2014	based charter school district shall be valid.
2015	(b) Additionally, an academic performance-based charter
2016	school district shall be in compliance with the following
2017	statutes:
2018	1. Section 286.011, relating to public meetings and
2019	records, public inspection, and criminal and civil penalties.
2020	2. Those statutes pertaining to public records, including
2021	chapter 119.
2022	3. Those statutes pertaining to financial disclosure by
2023	elected officials.
2024	4. Those statutes pertaining to conflicts of interest by
2025	elected officials.Charter school districts shall be exempt from
2026	state statutes and specified State Board of Education rules. The
2027	district school board of a charter school district shall not be
2028	exempt from any statute governing election of district school
2029	board members, public meetings and public records requirements,
2030	financial disclosure, conflicts of interest, operation in the
2031	sunshine, or any provisions outside the Florida K-20 Education
2032	Code.
2033	(3) GOVERNING BOARD.--The governing board of the academic
2034	performance-basedcharter school district shall be the duly
2035	elected district school board. The district school board shall
2036	be responsible for supervising the schools in the academic
2037	performance-based charter school district and may convertis
2038	authorized to charter each of its existing public schools to
2039	charter schools pursuant to s. 1002.33, apply for deregulation
2040	of its public schools pursuant to s. 1003.63,or otherwise
2041	establish performance-based contractual relationships with its
2042	public schools for the purpose of giving them greater autonomy
2043	with accountability for performance.
2044	(4) PRECHARTER AGREEMENT.--The State Board of Education
2045	mayis authorized to approve a precharter agreement that grants
2046	with a potential charter district. The agreement may grant
2047	limited flexibility and direction for developing the full
2048	academic performance-basedcharter proposal.
2049	(5) ANNUAL REPORT BY CHARTER SCHOOL DISTRICT.--Each school
2050	district chartered pursuant to this section shall transmit an
2051	annual report to the State Board of Education that delineates
2052	the performance of the school district relative to the
2053	performance goals contained in the charter agreement. The annual
2054	report shall be transmitted to the Commissioner of Education and
2055	shall be due each year on the anniversary date of the charter
2056	agreement.
2057	(5) TIME PERIOD FOR PILOT.--The pilot program shall be
2058	authorized for a period of 3 full school years commencing with
2059	award of a charter. The charter may be renewed upon action of
2060	the State Board of Education.
2061	(6) REPORTS.--The State Board of Education shall annually
2062	report on the performance of each academic performance-based
2063	implementation of the charter school district pilot program.
2064	BienniallyUpon the completion of the first 3-year term, the
2065	State Board of Education, through the Commissioner of Education,
2066	shall submit to the Legislature a full evaluation of the
2067	effectiveness of granting academic performance-based charter
2068	school district statusthe program.
2069	(7) PILOT PROGRAM CHARTER SCHOOL DISTRICTS; GRANDFATHER
2070	PROVISION.--The State Board of Education shall use the criteria
2071	approved in the initial charter applications issued to the
2072	school districts of Volusia, Hillsborough, Orange, and Palm
2073	Beach Counties to renew those pilot program charter school
2074	districts in accordance with this subsection. No additional
2075	pilot program charter school districts shall be approved, and
2076	the pilot program consists solely of school districts in
2077	Volusia, Hillsborough, Orange, and Palm Beach Counties. The
2078	termination of the charter school districts pilot program is
2079	effective July 1, 2007, or upon the end of a 5-year renewal
2080	contract issued by the State Board of Education to the Volusia
2081	County, Hillsborough County, Orange County, or Palm Beach County
2082	school district prior to July 1, 2003, whichever is later.
2083	(8)(7) RULEMAKING.--The State Board of Education may adopt
2084	shall have the authority to enactrules to implement this
2085	section in accordance with ss. 120.536 and 120.54.
2086	Section 26. Paragraph (b) of subsection (5) of section
2087	1011.62, Florida Statutes, is amended to read:
2088	1011.62 Funds for operation of schools.--If the annual
2089	allocation from the Florida Education Finance Program to each
2090	district for operation of schools is not determined in the
2091	annual appropriations act or the substantive bill implementing
2092	the annual appropriations act, it shall be determined as
2093	follows:
2094	(5) CATEGORICAL FUNDS.--
2095	(b) For fiscal year 2002-2003,If a district school board
2096	finds and declares in a resolution adopted at a regular meeting
2097	of the school board that the funds received for any of the
2098	following categorical appropriations are urgently needed to
2099	maintain school board specified academic classroom instruction,
2100	the school board may consider and approve an amendment to the
2101	school district operating budget transferring the identified
2102	amount of the categorical funds to the appropriate account for
2103	expenditure:
2104	1. Funds for student transportation.
2105	2. Funds for in-service educational personnel training.
2106	3. Funds for safe schools.
2107	4. Funds for public school technology.
2108	5. Funds for teacher recruitment and retention.
2109	5.6.Funds for supplemental academic instruction.
2110
2111	Prior to adopting the resolution required by this paragraph, the
2112	district school board must advertise in a newspaper of general
2113	circulation in the school district its intent to pass such
2114	resolution and must provide in such advertisement the purpose
2115	for which the funds were appropriated, the alternative purpose
2116	for which the funds will be used, and the basis for finding a
2117	necessity for the reallocation of such funds. In reporting its
2118	expenditures under s. 1010.20, with respect to a school
2119	district’s discretionary spending authority exercised under this
2120	subsection, the district school board shall report on a school-
2121	by-school basis and a district-aggregated basis how all funds,
2122	including federal funds, allocated to the school district for
2123	formula-funded categorical programs were expended.
2124	Section 27. Section 1011.68, Florida Statutes, is amended
2125	to read:
2126	1011.68 Funds for student transportation.--The annual
2127	allocation to each district for transportation to public school
2128	programs, including charter schools as provided in s.
2129	1002.33(17)(18)(b), of students in membership in kindergarten
2130	through grade 12 and in migrant and exceptional student programs
2131	below kindergarten shall be determined as follows:
2132	(1) Subject to the rules of the State Board of Education,
2133	each district shall determine the membership of students who are
2134	transported:
2135	(a) By reason of living 2 miles or more from school.
2136	(b) By reason of being students with disabilities or
2137	enrolled in a teenage parent program, regardless of distance to
2138	school.
2139	(c) By reason of being in a state prekindergarten program,
2140	regardless of distance from school.
2141	(d) By reason of being career and technical, dual
2142	enrollment, or students with disabilities transported from one
2143	school center to another to participate in an instructional
2144	program or service; or students with disabilities, transported
2145	from one designation to another in the state, provided one
2146	designation is a school center and provided the student's
2147	individual educational plan (IEP) identifies the need for the
2148	instructional program or service and transportation to be
2149	provided by the school district. A "school center" is defined as
2150	a public school center, community college, state university, or
2151	other facility rented, leased, or owned and operated by the
2152	school district or another public agency. A "dual enrollment
2153	student" is defined as a public school student in membership in
2154	both a public secondary school program and a community college
2155	or a state university program under a written agreement to
2156	partially fulfill ss. 1003.435 and 1007.23 and earning full-time
2157	equivalent membership under s. 1011.62(1)(i).
2158	(e) With respect to elementary school students whose grade
2159	level does not exceed grade 6, by reason of being subjected to
2160	hazardous walking conditions en route to or from school as
2161	provided in s. 1006.23. Such rules shall, when appropriate,
2162	provide for the determination of membership under this paragraph
2163	for less than 1 year to accommodate the needs of students who
2164	require transportation only until such hazardous conditions are
2165	corrected.
2166	(f) By reason of being a pregnant student or student
2167	parent, and the child of a student parent as provided in s.
2168	1003.54, regardless of distance from school.
2169	(2) The allocation for each district shall be calculated
2170	annually in accordance with the following formula:
2171
2172	T = B + EX. The elements of this formula are defined as follows:
2173	T is the total dollar allocation for transportation. B is the
2174	base transportation dollar allocation prorated by an adjusted
2175	student membership count. The adjusted membership count shall be
2176	derived from a multiplicative index function in which the base
2177	student membership is adjusted by multiplying it by index
2178	numbers that individually account for the impact of the price
2179	level index, average bus occupancy, and the extent of rural
2180	population in the district. EX is the base transportation dollar
2181	allocation for disabled students prorated by an adjusted
2182	disabled student membership count. The base transportation
2183	dollar allocation for disabled students is the total state base
2184	disabled student membership count weighted for increased costs
2185	associated with transporting disabled students and multiplying
2186	it by the prior year's average per student cost for
2187	transportation. The adjusted disabled student membership count
2188	shall be derived from a multiplicative index function in which
2189	the weighted base disabled student membership is adjusted by
2190	multiplying it by index numbers that individually account for
2191	the impact of the price level index, average bus occupancy, and
2192	the extent of rural population in the district. Each adjustment
2193	factor shall be designed to affect the base allocation by no
2194	more or less than 10 percent.
2195	(3) The total allocation to each district for
2196	transportation of students shall be the sum of the amounts
2197	determined in subsection (2). If the funds appropriated for the
2198	purpose of implementing this section are not sufficient to pay
2199	the base transportation allocation and the base transportation
2200	allocation for disabled students, the Department of Education
2201	shall prorate the available funds on a percentage basis. If the
2202	funds appropriated for the purpose of implementing this section
2203	exceed the sum of the base transportation allocation and the
2204	base transportation allocation for disabled students, the base
2205	transportation allocation for disabled students shall be limited
2206	to the amount calculated in subsection (2), and the remaining
2207	balance shall be added to the base transportation allocation.
2208	(4) No district shall use funds to purchase transportation
2209	equipment and supplies at prices which exceed those determined
2210	by the department to be the lowest which can be obtained, as
2211	prescribed in s. 1006.27(1).
2212	(5) Funds allocated or apportioned for the payment of
2213	student transportation services may be used to pay for
2214	transportation of students to and from school on local general
2215	purpose transportation systems. Student transportation funds may
2216	also be used to pay for transportation of students to and from
2217	school in private passenger cars and boats when the
2218	transportation is for isolated students, or students with
2219	disabilities as defined by rule. Subject to the rules of the
2220	State Board of Education, each school district shall determine
2221	and report the number of assigned students using general purpose
2222	transportation private passenger cars and boats. The allocation
2223	per student must be equal to the allocation per student riding a
2224	school bus.
2225	(6) Notwithstanding other provisions of this section, in
2226	no case shall any student or students be counted for
2227	transportation funding more than once per day. This provision
2228	includes counting students for funding pursuant to trips in
2229	school buses, passenger cars, or boats or general purpose
2230	transportation.
2231	(7) Any funds received by a school district under this
2232	section that are not required to transport students may, at the
2233	discretion of the district school board, be transferred to the
2234	district's Florida Education Finance Program.
2235	Section 28. Subsections (2), (4), and (5) of section
2236	1011.69, Florida Statutes, are amended to read:
2237	1011.69 Equity in School-Level Funding Act.--
2238	(2)(a) Beginning in the 2000-2001 fiscal year, district
2239	school boards shall allocate to each school within the district
2240	at least 50 percent of the funds generated by that school based
2241	upon the Florida Education Finance Program as provided in s.
2242	1011.62 and the General Appropriations Act, including gross
2243	state and local funds, discretionary lottery funds, and funds
2244	from the school district's current operating discretionary
2245	millage levy.
2246	(b) Beginning in the 2001-2002 fiscal year, district
2247	school boards shall allocate to each school within the district
2248	at least 65 percent of the funds generated by that school based
2249	upon the Florida Education Finance Program as provided in s.
2250	1011.62 and the General Appropriations Act, including gross
2251	state and local funds, discretionary lottery funds, and funds
2252	from the school district's current operating discretionary
2253	millage levy.
2254	(c) Beginning in the 2002-2003 fiscal year, district
2255	school boards shall allocate to each school within the district
2256	at least 80 percent of the funds generated by that school based
2257	upon the Florida Education Finance Program as provided in s.
2258	1011.62 and the General Appropriations Act, including gross
2259	state and local funds, discretionary lottery funds, and funds
2260	from the school district's current operating discretionary
2261	millage levy.
2262	(d)Beginning in the 2003-2004 fiscal year, district
2263	school boards shall allocate to schoolseach schoolwithin the
2264	district an average ofat least90 percent of the funds
2265	generated by all schools and guarantee that each school receives
2266	at least 80 percent of the funds generated bythat school based
2267	upon the Florida Education Finance Program as provided in s.
2268	1011.62 and the General Appropriations Act, including gross
2269	state and local funds, discretionary lottery funds, and funds
2270	from the school district's current operating discretionary
2271	millage levy. Total funding for each school shall be
2272	recalculated during the year to reflect the revised calculations
2273	under the Florida Education Finance Program by the state and the
2274	actual weighted full-time equivalent students reported by the
2275	school during the full-time equivalent student survey periods
2276	designated by the Commissioner of Education. If the district
2277	school board is providing programs or services to students
2278	funded by federal funds, any eligible students enrolled in the
2279	schools in the district shall be provided federal funds. Only
2280	academic performance-based charter schoolthose districts that
2281	initially applied for charter school district status, pursuant
2282	to s. 1003.62, and have been approved by the State Board of
2283	Educationare exempt from the provisions of this section.
2284	(4) The following funds are excluded from the school-level
2285	allocation under this section:Recommendations made by the
2286	Governor's Equity in Educational Opportunity Task Force shall be
2287	reviewed to identify potential categorical funds to be included
2288	in the district allocation methodology required in subsection
2289	(2).
2290	(a)(5)Funds appropriated in the General Appropriations
2291	Act for supplemental academic instruction to be used for the
2292	purposes described in s. 1011.62(1)(f) are excluded from the
2293	school-level allocation under this section.
2294	(b) Funds appropriated in the General Appropriations Act
2295	for the class size reduction operating categorical fund
2296	established in s. 1011.685.
2297	Section 29. Subsections (1) through (6) of section
2298	1012.56, Florida Statutes, are amended to read:
2299	1012.56 Educator certification requirements.--
2300	(1) APPLICATION.--Each person seeking certification
2301	pursuant to this chapter shall submit a completed application
2302	containing the applicant's social security number to the
2303	Department of Education and remit the fee required pursuant to
2304	s. 1012.59 and rules of the State Board of Education. Pursuant
2305	to the federal Personal Responsibility and Work Opportunity
2306	Reconciliation Act of 1996, each party is required to provide
2307	his or her social security number in accordance with this
2308	section. Disclosure of social security numbers obtained through
2309	this requirement isshall belimited to the purpose of
2310	administration of the Title IV-D program of the Social Security
2311	Act for child support enforcement. Pursuant to s. 120.60, the
2312	department shall issue within 90 calendar days after the stamped
2313	receipted date of the completed application:
2314	(a) A certificate covering the classification, level, and
2315	area for which the applicant is deemed qualified; or
2316	(b) An official statement of status of eligibility. The
2317	statement of status of eligibility must advise the applicant of
2318	any qualifications that must be completed to qualify for
2319	certification. Each statement of status of eligibility is valid
2320	for 32years after its date of issuance, except as provided in
2321	paragraph (2)(d). A statement of status of eligibility may be
2322	reissued for one additional 2-year period if application is made
2323	while the initial statement of status of eligibility is valid or
2324	within 1 year after the initial statement expires, and if the
2325	certification subject area is authorized to be issued by the
2326	state board at the time the application requesting a reissued
2327	statement of status of eligibility is received.
2328	(2) ELIGIBILITY CRITERIA.--To be eligible to seek
2329	certification pursuant to this chapter, a person must:
2330	(a) Be at least 18 years of age.
2331	(b) File a written statement, under oath, that the
2332	applicant subscribes to and will uphold the principles
2333	incorporated in the Constitution of the United States and the
2334	Constitution of the State of Florida.
2335	(c) Document receipt of a bachelor's or higher degree from
2336	an accredited institution of higher learning, or anya
2337	nonaccredited institution of higher learning otherwise approved
2338	pursuant to State Board of Education rulethat the Department of
2339	Education has identified as having a quality program resulting
2340	in a bachelor's degree, or higher. Each applicant seeking
2341	initial certification must have attained at least a 2.5 overall
2342	grade point average on a 4.0 scale in the applicant's major
2343	field of study. The applicant may document the required
2344	education by submitting official transcripts from institutions
2345	of higher education or by authorizing the direct submission of
2346	such official transcripts through established electronic network
2347	systems. The bachelor's or higher degree may not be required in
2348	areas approved in rule by the State Board of Education as
2349	nondegreed areas.
2350	(d) Submit to a fingerprint check from the Department of
2351	Law Enforcement and the Federal Bureau of Investigation pursuant
2352	to s. 1012.32. If the fingerprint reports indicate a criminal
2353	history or if the applicant acknowledges a criminal history, the
2354	applicant's records shall be referred to the Bureau of Educator
2355	Standards for review and determination of eligibility for
2356	certification. If the applicant fails to provide the necessary
2357	documentation requested by the Bureau of Educator Standards
2358	within 90 days after the date of the receipt of the certified
2359	mail request, the statement of eligibility and pending
2360	application shall become invalid.
2361	(e) Be of good moral character.
2362	(f) Be competent and capable of performing the duties,
2363	functions, and responsibilities of an educator.
2364	(g) Demonstrate mastery of general knowledge, pursuant to
2365	subsection (3).
2366	(h) Demonstrate mastery of subject area knowledge,
2367	pursuant to subsection (4).
2368	(i) Demonstrate mastery of professional preparation and
2369	education competence, pursuant to subsection (5).
2370	(3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
2371	demonstrating mastery of general knowledge are:
2372	(a) Achievement of passing scores on basic skills
2373	examination required by state board rule;
2374	(b) Achievement of passing scores on the College Level
2375	Academic Skills Test earned prior to July 1, 2002;
2376	(c) A valid professionalstandard teaching certificate
2377	issued by another state that requires an examination of mastery
2378	of general knowledge;
2379	(d) A valid standard teaching certificate issued by
2380	another state andvalid certificate issued by the National Board
2381	for Professional Teaching Standards or other such nationally
2382	recognized organization as determined by the State Board of
2383	Education; or
2384	(e) Documentation of two semesters of successful teaching
2385	in a community college, state university, or private college or
2386	university that awards an associate or higher degree and is an
2387	accredited institution or an institution of higher education
2388	otherwise approved pursuant to State Board of Education rule; or
2389	(f)(e) A valid standardteaching certificate issued by
2390	another state and documentation of 1 year2 years of continuous
2391	successful full-time teaching or administrative experience
2392	during the 5-year period immediately preceding the date of
2393	application for certification.
2394	(4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
2395	of demonstrating mastery of subject area knowledge are:
2396	(a) Achievement of passing scores on subject area
2397	examinations required by state board rule;
2398	(b) Completion of the subject area specialization
2399	requirements specified in state board rule and verification of
2400	the attainment of the essential subject matter competencies by
2401	the district school superintendent of the employing school
2402	district or chief administrative officer of the employing state-
2403	supported or private school for a subject area for which a
2404	subject area examination has not been developed and required by
2405	state board rule;
2406	(c) Completion of the graduate levelsubject area
2407	specialization requirements specified in state board rule for a
2408	subject coverage requiring a master's or higher degree and
2409	achievement of a passing score on the subject area examination
2410	specified in state board rule;
2411	(d) A valid professionalstandard teaching certificate
2412	issued by another state that requires an examination of mastery
2413	of subject area knowledge;
2414	(e) A valid standard teaching certificate issued by
2415	another state andvalid certificate issued by the National Board
2416	for Professional Teaching Standards or other such nationally
2417	recognized organization as determined by the State Board of
2418	Education; or
2419	(f) A valid standardteaching certificate issued by
2420	another state and documentation of 1 year2 years of continuous
2421	successful full-time teaching or administrative experience
2422	during the 5-year period immediately preceding the date of
2423	application for certification.
2424	(5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
2425	COMPETENCE.--Acceptable means of demonstrating mastery of
2426	professional preparation and education competence are:
2427	(a) Completion of an approved teacher preparation program
2428	at a postsecondary educational institution within this state and
2429	achievement of a passing score on the professional education
2430	competency examination required by state board rule;
2431	(b) Completion of a teacher preparation program offered by
2432	ata postsecondary educational institution outside Florida and
2433	achievement of a passing score on the professional education
2434	competency examination required by state board rule;
2435	(c) A valid professionalstandard teaching certificate
2436	issued by another state that requires an examination of mastery
2437	of professional education competence;
2438	(d) A valid standard teaching certificate issued by
2439	another state andvalid certificate issued by the National Board
2440	for Professional Teaching Standards or other such nationally
2441	recognized organization as determined by the State Board of
2442	Education;
2443	(e) A valid standardteaching certificate issued by
2444	another state and documentation of 1 year2 years of continuous
2445	successful full-time teaching or administrative experience
2446	during the 5-year period immediately preceding the date of
2447	application for certification;
2448	(f) Completion of professional preparation courses as
2449	specified in state board rule, successful completion of a
2450	professional education competence demonstration program pursuant
2451	to paragraph (7)(b), and achievement of a passing score on the
2452	professional education competency examination required by state
2453	board rule; or
2454	(g) Successful completion of a professional preparation
2455	alternative certification and education competency program,
2456	outlined in paragraph (7)(a).
2457
2458	State Board of Education rule governing mastery of professional
2459	preparation and education competence shall be revised as
2460	necessary in accordance with s. 1004.04(2).
2461	(6) TYPES AND TERMS OF CERTIFICATION.--
2462	(a) The Department of Education shall issue a professional
2463	certificate for a period not to exceed 5 years to any applicant
2464	who meets all the requirements outlined in subsection (2).
2465	(b) The department shall issue a temporary certificate to
2466	any applicant who completes the requirements outlined in
2467	paragraphs (2)(a)-(f) and completes the subject area content
2468	requirements specified in state board rule or demonstrates
2469	mastery of subject area knowledge pursuant to subsection (4) and
2470	holds an accredited degree or a degree approved by the
2471	Department of Education at the level required for the subject
2472	area specialization in state board rule.
2473	(c) The department shall issue one nonrenewable 2-year
2474	temporary certificate and one nonrenewable 5-year professional
2475	certificate to a qualified applicant who holds a bachelor's
2476	degree in the area of speech-language impairment to allow for
2477	completion of a master's degree program in speech-language
2478	impairment.
2479
2480	Each temporary certificate is valid for 3 school fiscal years
2481	and is nonrenewable. However, the requirement in paragraph
2482	(2)(g) must be met within 1 calendar year of the date of
2483	employment under the temporary certificate. Individuals who are
2484	employed under contract at the end of the 1 calendar year time
2485	period may continue to be employed through the end of the school
2486	year in which they have been contracted. A school district shall
2487	not employ, or continue the employment of, an individual in a
2488	position for which a temporary certificate is required beyond
2489	this time period if the individual has not met the requirement
2490	of paragraph (2)(g).However,the State Board of Education shall
2491	adopt rules to allow the department to extend the validity
2492	period of a temporary certificate for 2 years when the
2493	requirements for the professional certificate, not including the
2494	requirement in paragraph (2)(g),were not completed due to the
2495	serious illness or injury of the applicant or other
2496	extraordinary extenuating circumstances. Based on emergency
2497	need,the department shall reissue the temporary certificate for
2498	2 additional years upon approval by the Commissioner of
2499	Education. A written request for such reissuance must firstof
2500	the certificate shall be submitted, stating the basis for the
2501	emergency need,by the district school superintendent, the
2502	governing authority of a university lab school, the governing
2503	authority of a state-supported school, or the governing
2504	authority of a private school. However, the Commissioner of
2505	Education may provide to any applicant who, by June 30, 2003,
2506	has demonstrated mastery of general knowledge, subject area
2507	knowledge, and professional preparation and education
2508	competence, pursuant to subsections (3), (4), and (5), except
2509	for achievement of a passing score on one subtest area of the
2510	general knowledge examination, a one-time only extension of his
2511	or her temporary certificate until June 30, 2004.
2512	Section 30. Subsection (1) of section 1012.57, Florida
2513	Statutes, is amended to read:
2514	1012.57 Certification of adjunct educators.--
2515	(1) Notwithstanding the provisions of ss. 1012.32,
2516	1012.55, and 1012.56, or any other provision of law or rule to
2517	the contrary, district school boards shall adopt rules to allow
2518	for the issuance ofmay issuean adjunct teaching certificate to
2519	any applicant who fulfills the requirements of s. 1012.56(2)(a)-
2520	(f) and who has expertise in the subject area to be taught. An
2521	applicant shall be considered to have expertise in the subject
2522	area to be taught if the applicant has at least a minor in the
2523	subject area or demonstrates sufficient subject area mastery
2524	through passage of a subject area testas determined by district
2525	school board policy. The adjunct teaching certificate shall be
2526	used for part-time teaching positions. The intent of this
2527	provision is to allow school districts to tap the wealth of
2528	talent and expertise represented in Florida's citizens who may
2529	wish to teach part-time in a Florida public school by permitting
2530	school districts to issue adjunct certificates to qualified
2531	applicants. Adjunct certificateholders should be used as a
2532	strategy to reduce the teacher shortage; thus, adjunct
2533	certificateholders should supplement a school's instructional
2534	staff, not supplant it. Each school principal shall assign an
2535	experienced peer mentor to assist the adjunct teaching
2536	certificateholder during the certificateholder's first year of
2537	teaching, and an adjunct certificateholder may participate in a
2538	district's new teacher training program. District school boards
2539	shall provide the adjunct teaching certificateholder an
2540	orientation in classroom management prior to assigning the
2541	certificateholder to a school. Each adjunct teaching certificate
2542	is valid for 5 school years and is renewable if:
2543	(a) The applicant completes a minimum of 60 inservice
2544	points or 3 semester hours of college credit. The earned credits
2545	must include instruction in classroom management, district
2546	school board procedures, school culture, and other activities
2547	that enhance the professional teaching skills of the
2548	certificateholder.
2549	(b)the applicant has received satisfactory performance
2550	evaluations during each year of teaching under adjunct teaching
2551	certification.
2552	Section 31. Subsection (13) is added to section 1013.03,
2553	Florida Statutes, to read:
2554	1013.03 Functions of the department.--The functions of the
2555	Department of Education as it pertains to educational facilities
2556	shall include, but not be limited to, the following:
2557	(13) By October 1, 2003, review all rules related to
2558	school construction to identify requirements that are outdated,
2559	obsolete, unnecessary, or otherwise could be amended in order to
2560	provide additional flexibility to school districts to comply
2561	with the constitutional class size maximums described in s.
2562	1003.03(2) and make recommendations concerning such rules to the
2563	State Board of Education. The State Board of Education shall act
2564	on such recommendations by December 31, 2003.
2565	Section 32. Paragraph (d) is added to subsection (1) of
2566	section 1013.31, Florida Statutes, to read:
2567	1013.31 Educational plant survey; localized need
2568	assessment; PECO project funding.--
2569	(1) At least every 5 years, each board shall arrange for
2570	an educational plant survey, to aid in formulating plans for
2571	housing the educational program and student population, faculty,
2572	administrators, staff, and auxiliary and ancillary services of
2573	the district or campus, including consideration of the local
2574	comprehensive plan. The Office of Workforce and Economic
2575	Development shall document the need for additional career and
2576	adult education programs and the continuation of existing
2577	programs before facility construction or renovation related to
2578	career or adult education may be included in the educational
2579	plant survey of a school district or community college that
2580	delivers career or adult education programs. Information used by
2581	the Office of Workforce and Economic Development to establish
2582	facility needs must include, but need not be limited to, labor
2583	market data, needs analysis, and information submitted by the
2584	school district or community college.
2585	(d) Periodic update of Florida Inventory of School
2586	Houses.--School districts shall periodically update their
2587	inventory of educational facilities as new capacity becomes
2588	available and as unsatisfactory space is eliminated. The State
2589	Board of Education shall adopt rules to determine the timeframe
2590	in which school districts must provide a periodic update.
2591	Section 33. Paragraph (b) of subsection (1) and
2592	subsections (2) and (3) of section 1002.37, Florida Statutes,
2593	are amended, subsections (4), (5), and (6) are renumbered as
2594	subsections (5), (6), and (7), respectively, and a new
2595	subsection (4) is added to said section, to read:
2596	1002.37 The Florida Virtual School.--
2597	(1)
2598	(b) The mission of the Florida Virtual School is to
2599	provide students with technology-based educational opportunities
2600	to gain the knowledge and skills necessary to succeed and to
2601	award high school diplomas pursuant to s. 1003.43(9). The school
2602	shall serve any student in the state who meets the profile for
2603	success in this educational delivery context and shall give
2604	priority to:
2605	1. Students enrolled in traditional public school classes
2606	that are not in compliance with the maximum class sizes provided
2607	in s. 1000.03.
2608	2. Students enrolled as full-time students in the Florida
2609	Virtual School and seeking a high school diploma awarded by the
2610	Florida Virtual School.
2611	3.1.Students who need expanded access to courses in order
2612	to meet their educational goals, such as home education students
2613	and students in inner-city and rural and other publichigh
2614	schools who do not have access to higher-level courses.
2615	4.2.Students seeking accelerated access in order to
2616	obtain a high school diploma at least one semester early.
2617
2618	The board of trustees of the Florida Virtual School shall
2619	identify appropriate performance measures and standards based on
2620	student achievement that reflect the school's statutory mission
2621	and priorities, and shall implement an accountability system for
2622	the school that includes assessment of its effectiveness and
2623	efficiency in providing quality services that encourage high
2624	student achievement, seamless articulation, and maximum access.
2625	(2) The Florida Virtual School shall be governed by a
2626	board of trustees comprised of seven members appointed by the
2627	Governor to 4-year staggered terms. The board of trustees shall
2628	be a public agency entitled to sovereign immunity pursuant to s.
2629	768.28, and board members shall be public officers who shall
2630	bear fiduciary responsibility for the Florida Virtual School.
2631	The board of trustees shall have the following powers and
2632	duties:
2633	(a)1. The board of trustees shall meet at least 4 times
2634	each year, upon the call of the chair, or at the request of a
2635	majority of the membership.
2636	2. The fiscal year for the Florida Virtual School shall be
2637	the state fiscal year as provided in s. 216.011(1)(o).
2638	(b) The board of trustees shall be responsible for the
2639	Florida Virtual School's development of a state-of-the-art
2640	technology-based education delivery system that is cost-
2641	effective, educationally sound, marketable, and capable of
2642	sustaining a self-sufficient delivery system through the Florida
2643	Education Finance Program, by fiscal year 2003-2004. The school
2644	shall collect and report data for all students served and credit
2645	awarded. This data shall be segregated by private, public, and
2646	home education students by program. Information shall also be
2647	collected that reflects any other school in which a virtual
2648	school student is enrolled.
2649	(c) The board of trustees shall aggressively seek avenues
2650	to generate revenue to support its future endeavors, and shall
2651	enter into agreements with distance learning providers. The
2652	board of trustees may acquire, enjoy, use, and dispose of
2653	patents, copyrights, and trademarks and any licenses and other
2654	rights or interests thereunder or therein. Ownership of all such
2655	patents, copyrights, trademarks, licenses, and rights or
2656	interests thereunder or therein shall vest in the state, with
2657	the board of trustees having full right of use and full right to
2658	retain the revenues derived therefrom. Any funds realized from
2659	patents, copyrights, trademarks, or licenses shall be considered
2660	internal funds as provided in s. 1011.07. Such funds shall be
2661	used to support the school's marketing and research and
2662	development activities in order to improve courseware and
2663	services to its students.
2664	(d) The board of trustees shall be responsible for the
2665	administration and control of all local school funds derived
2666	from all activities or sources and shall prescribe the
2667	principles and procedures to be followed in administering these
2668	fundsannually prepare and submit to the State Board of
2669	Education a legislative budget request, including funding
2670	requests for computers for public school students who do not
2671	have access to public school computers, in accordance with
2672	chapter 216 and s. 1013.60. The legislative budget request of
2673	the Florida Virtual School shall be prepared using the same
2674	format, procedures, and timelines required for the submission of
2675	the legislative budget of the Department of Education. Nothing
2676	in this section shall be construed to guarantee a computer to
2677	any individual student.
2678	(e) The Florida Virtual School may accrue supplemental
2679	revenue from supplemental support organizations, which include,
2680	but are not limited to, alumni associations, foundations,
2681	parent-teacher associations, and booster associations. The
2682	governing body of each supplemental support organization shall
2683	recommend the expenditure of moneys collected by the
2684	organization for the benefit of the school. Such expenditures
2685	shall be contingent upon the review of the executive director.
2686	The executive director may override any proposed expenditure of
2687	the organization that would violate Florida law or breach sound
2688	educational management.
2689	(f)(e)In accordance with law and rules of the State Board
2690	of Education, the board of trustees shall administer and
2691	maintain personnel programs for all employees of the board of
2692	trustees and the Florida Virtual School. The board of trustees
2693	may adopt rules, policies, and procedures related to the
2694	appointment, employment, and removal of personnel.
2695	1. The board of trustees shall determine the compensation,
2696	including salaries and fringe benefits, and other conditions of
2697	employment for such personnel.
2698	2. The board of trustees may establish and maintain a
2699	personnel loan or exchange program by which persons employed by
2700	the board of trustees for the Florida Virtual School as academic
2701	administrative and instructional staff may be loaned to, or
2702	exchanged with persons employed in like capacities by, public
2703	agencies either within or without this state, or by private
2704	industry. With respect to public agency employees, the program
2705	authorized by this subparagraph shall be consistent with the
2706	requirements of part II of chapter 112. The salary and benefits
2707	of board of trustees personnel participating in the loan or
2708	exchange program shall be continued during the period of time
2709	they participate in a loan or exchange program, and such
2710	personnel shall be deemed to have no break in creditable or
2711	continuous service or employment during such time. The salary
2712	and benefits of persons participating in the personnel loan or
2713	exchange program who are employed by public agencies or private
2714	industry shall be paid by the originating employers of those
2715	participants, and such personnel shall be deemed to have no
2716	break in creditable or continuous service or employment during
2717	such time.
2718	3. The employment of all Florida Virtual School academic
2719	administrative and instructional personnel shall be subject to
2720	rejection for cause by the board of trustees, and shall be
2721	subject to policies of the board of trustees relative to
2722	certification, tenure, leaves of absence, sabbaticals,
2723	remuneration, and such other conditions of employment as the
2724	board of trustees deems necessary and proper, not inconsistent
2725	with law.
2726	4. Each person employed by the board of trustees in an
2727	academic administrative or instructional capacity with the
2728	Florida Virtual School shall be entitled to a contract as
2729	provided by rules of the board of trustees.
2730	5. All employees except temporary, seasonal, and student
2731	employees may be state employees for the purpose of being
2732	eligible to participate in the Florida Retirement System and
2733	receive benefits. The classification and pay plan, including
2734	terminal leave and other benefits, and any amendments thereto,
2735	shall be subject to review and approval by the Department of
2736	Management Services and the Executive Office of the Governor
2737	prior to adoption. In the event that the board of trustees
2738	assumes responsibility for governance pursuant to this section
2739	before approval is obtained, employees shall be compensated
2740	pursuant to the system in effect for the employees of the fiscal
2741	agent.
2742	(g)(f)The board of trustees shall establish priorities
2743	for admission of students in accordance with paragraph (1)(b).
2744	(h)(g)The board of trustees shall establish and
2745	distribute to all school districts and high schools in the state
2746	procedures for enrollment of students in courses offered by the
2747	Florida Virtual School. Such procedures shall be designed to
2748	minimize paperwork and fairly resolve the issue of double
2749	funding students taking courses on-line.
2750	(i) The board of trustees shall establish criteria
2751	defining the elements of an approved franchise. The board of
2752	trustees may enter into franchise agreements with Florida
2753	district school boards and may establish the terms and
2754	conditions governing such agreements. The board of trustees
2755	shall establish the performance and accountability measures and
2756	report the performance of each school district franchise to the
2757	Commissioner of Education.
2758	(j)(h) The board of trustees shall annuallysubmit to the
2759	State Board of Education both forecasted and actual enrollments
2760	and credit completionsfor the Florida Virtual School, according
2761	to procedures established by the State Board of Education. At a
2762	minimum, such procedures must include the number of public,
2763	private, and home education students served by program and by
2764	county of residencedistrict.
2765	(k)(i)The board of trustees shall provide for the content
2766	and custody of student and employee personnel records. Student
2767	records shall be subject to the provisions of s. 1002.22.
2768	Employee records shall be subject to the provisions of s.
2769	1012.31.
2770	(l)(j)The financial records and accounts of the Florida
2771	Virtual School shall be maintained under the direction of the
2772	board of trustees and under rules adopted by the State Board of
2773	Education for the uniform system of financial records and
2774	accounts for the schools of the state.
2775
2776	The Governor shall designate the initial chair of the board of
2777	trustees to serve a term of 4 years. Members of the board of
2778	trustees shall serve without compensation, but may be reimbursed
2779	for per diem and travel expenses pursuant to s. 112.061. The
2780	board of trustees shall be a body corporate with all the powers
2781	of a body corporate and such authority as is needed for the
2782	proper operation and improvement of the Florida Virtual School.
2783	The board of trustees is specifically authorized to adopt rules,
2784	policies, and procedures, consistent with law and rules of the
2785	State Board of Education related to governance, personnel,
2786	budget and finance, administration, programs, curriculum and
2787	instruction, travel and purchasing, technology, students,
2788	contracts and grants, and property as necessary for optimal,
2789	efficient operation of the Florida Virtual School. Tangible
2790	personal property owned by the board of trustees shall be
2791	subject to the provisions of chapter 273.
2792	(3) Funding for the Florida Virtual School shall be
2793	provided as follows:
2794	(a) A "full-time equivalent student" for the Florida
2795	Virtual School is one student who has successfully completed six
2796	credits that shall count toward the minimum number of credits
2797	required for high school graduation. A student who completes
2798	less than six credits shall be a fraction of a full-time
2799	equivalent student. Half-credit completions shall be included in
2800	determining a full-time equivalent student. Credit completed by
2801	a student in excess of the minimum required for that student for
2802	high school graduation is not eligible for funding.
2803	(b) Full-time equivalent student credits completed through
2804	the Florida Virtual School, including credits completed during
2805	the summer, shall be reported to the Department of Education in
2806	the manner prescribed by the department and shall be funded
2807	through the Florida Education Finance Program.
2808	(c) School districts may not limit student access to
2809	courses offered through the Florida Virtual School.
2810	(d) Full-time equivalent student credit completion for
2811	courses offered through the Florida Virtual School shall be
2812	reported only by the Florida Virtual School. School districts
2813	shall report full-time equivalent student membership only for
2814	courses for which the school district provides the instruction.
2815	(e) The district cost differential as provided in s.
2816	1011.62(2) shall be established as 1.000.
2817	(f) The Florida Virtual School shall receive funds for
2818	operating purposes in an amount determined as follows: multiply
2819	the maximum allowable nonvoted discretionary millage for
2820	operations pursuant to s. 1011.71(1) by the value of 95 percent
2821	of the current year's taxable value for school purposes for the
2822	state; divide the result by the total full-time equivalent
2823	membership of the state; and multiply the result by the full-
2824	time equivalent membership of the school. The amount thus
2825	obtained shall be discretionary operating funds and shall be
2826	appropriated from state funds in the General Appropriations Act.
2827	(g) The Florida Virtual School shall receive additional
2828	state funds as may be provided in the General Appropriations
2829	Act.
2830	(h) In addition to the funds provided in the General
2831	Appropriations Act, the Florida Virtual School may receive other
2832	funds from grants and donations.
2833	(a) Until fiscal year 2003-2004, the Commissioner of
2834	Education shall include the Florida Virtual School as a grant-
2835	in-aid appropriation in the department's legislative budget
2836	request to the State Board of Education, the Governor, and the
2837	Legislature, subject to any guidelines imposed in the General
2838	Appropriations Act.
2839	(b) The Orange County District School Board shall be the
2840	temporary fiscal agent of the Florida Virtual School.
2841	(4) School districts operating a virtual school that is an
2842	approved franchise of the Florida Virtual School may count full-
2843	time equivalent students, as provided in paragraph (3)(a), if
2844	such school has been certified as an approved franchise by the
2845	Commissioner of Education based on criteria established by the
2846	board of trustees pursuant to paragraph (2)(i).
2847	Section 34. Paragraph (c) of subsection (1) of section
2848	1011.61, Florida Statutes, is amended to read:
2849	1011.61 Definitions.--Notwithstanding the provisions of s.
2850	1000.21, the following terms are defined as follows for the
2851	purposes of the Florida Education Finance Program:
2852	(1) A "full-time equivalent student" in each program of
2853	the district is defined in terms of full-time students and part-
2854	time students as follows:
2855	(c)1. A "full-time equivalent student" is:
2856	a. A full-time student in any one of the programs listed
2857	in s. 1011.62(1)(c); or
2858	b. A combination of full-time or part-time students in any
2859	one of the programs listed in s. 1011.62(1)(c) which is the
2860	equivalent of one full-time student based on the following
2861	calculations:
2862	(I) A full-time student, except a postsecondary or adult
2863	student or a senior high school student enrolled in adult
2864	education when such courses are required for high school
2865	graduation, in a combination of programs listed in s.
2866	1011.62(1)(c) shall be a fraction of a full-time equivalent
2867	membership in each special program equal to the number of net
2868	hours per school year for which he or she is a member, divided
2869	by the appropriate number of hours set forth in subparagraph
2870	(a)1. or subparagraph (a)2. The difference between that fraction
2871	or sum of fractions and the maximum value as set forth in
2872	subsection (4) for each full-time student is presumed to be the
2873	balance of the student's time not spent in such special
2874	education programs and shall be recorded as time in the
2875	appropriate basic program.
2876	(II) A prekindergarten handicapped student shall meet the
2877	requirements specified for kindergarten students.
2878	(III) A Florida Virtual School full-time equivalent
2879	student shall consist of six full credit completions in the
2880	programs listed in s. 1011.62(1)(c)1. and 4. Credit completions
2881	can be a combination of either full credits or half credits.
2882	2. A student in membership in a program scheduled for more
2883	or less than 180 school days is a fraction of a full-time
2884	equivalent membership equal to the number of instructional hours
2885	in membership divided by the appropriate number of hours set
2886	forth in subparagraph (a)1.; however, for the purposes of this
2887	subparagraph, membership in programs scheduled for more than 180
2888	days is limited to students enrolled in juvenile justice
2889	education programs and the Florida Virtual School.
2890	The department shall determine and implement an equitable method
2891	of equivalent funding for experimental schools and for schools
2892	operating under emergency conditions, which schools have been
2893	approved by the department to operate for less than the minimum
2894	school day.
2895	Section 35. Paragraphs (b), (c), (d), and (e) of
2896	subsection (6) of section 1013.64, Florida Statutes, are amended
2897	to read:
2898	1013.64 Funds for comprehensive educational plant needs;
2899	construction cost maximums for school district capital
2900	projects.--Allocations from the Public Education Capital Outlay
2901	and Debt Service Trust Fund to the various boards for capital
2902	outlay projects shall be determined as follows:
2903	(6)
2904	(b)1. A district school board, including a district school
2905	board of an academic performance-based charter school district,
2906	must not use funds from the following sources:Public Education
2907	Capital Outlay and Debt Service Trust Fund;or theSchool
2908	District and Community College District Capital Outlay and Debt
2909	Service Trust Fund; Classrooms First Program funds provided in
2910	s. 1013.68; effort index grant funds provided in s. 1013.73;
2911	nonvoted 2-mill levy of ad valorem property taxes provided in s.
2912	1011.71(2); Class Size Reduction Infrastructure Program funds
2913	provided in s. 1013.735; District Effort Recognition Program
2914	funds provided in s. 1013.736; school capital outlay sales
2915	surtax provided in s. 212.055(6); local government
2916	infrastructure sales surtax provided in s. 212.055(2); or voted
2917	millage provided in s. 1011.73,for any new construction of
2918	educational plant space with a total cost per student station,
2919	including change orders, that equals more than:
2920	a. $12,755$11,600for an elementary school,
2921	b. $14,624$13,300for a middle school, or
2922	c. $19,352$17,600for a high school,
2923
2924	(January 20021997) as adjusted annually to reflect increases or
2925	decreases inbythe Consumer Price Index.
2926	2. A district school board must not use funds from the
2927	Public Education Capital Outlay and Debt Service Trust Fund or
2928	the School District and Community College District Capital
2929	Outlay and Debt Service Trust Fund for any new construction of
2930	an ancillary plant that exceeds 70 percent of the average cost
2931	per square foot of new construction for all schools.
2932	(c) Except as otherwise provided, new construction
2933	initiated after July 1, 2004, by a district school board funded
2934	solely from proceeds received by school districts through
2935	provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
2936	State Constitutionafter June 30, 1997,must not exceed the cost
2937	per student station as provided in paragraph (b). However, a
2938	school district may exceed the cost per student station provided
2939	in paragraph (b) if the school district:
2940	1. Utilizes funds provided through voted millage options
2941	or, for those school districts with unincarcerated populations
2942	of less than 100,000, funds generated through discretionary
2943	2-mill authority.
2944	2. Holds a public hearing that clearly communicates the
2945	school district’s purpose for the use of the funds and, during a
2946	regularly scheduled meeting of the district school board, votes
2947	to use such funds in the manner and for the purpose identified
2948	in the public hearing.
2949	3. Annually reports to the department the amount of funds
2950	used, the capital outlay for which the funds were used, and the
2951	source of the funds.
2952	(d) The department shall:
2953	1.Compute for each calendar year the statewide average
2954	construction costs for facilities serving each instructional
2955	level, for relocatable educational facilities, for
2956	administrative facilities, and for other ancillary and auxiliary
2957	facilities. The department shall compute the statewide average
2958	costs per student station for each instructional level.
2959	2. Annually review the actual completed construction costs
2960	of educational facilities in each school district. For any
2961	school district in which the total actual cost per student
2962	station, including change orders, exceeds the statewide limits
2963	established in paragraph (b), the school district shall report
2964	to the department the actual cost per student station and the
2965	reason for the school district’s inability to adhere to the
2966	limits established in paragraph (b). The department shall
2967	collect all such reports and shall report to the Governor, the
2968	President of the Senate, and the Speaker of the House of
2969	Representatives by December 31 of each year a summary of each
2970	school district’s spending in excess of the cost per student
2971	station provided in paragraph (b) as reported by the school
2972	districts.
2973
2974	Cost per student station includes contract costs, legal and
2975	administrative costs, fees of architects and engineers,
2976	furniture and equipment, and site improvement costs. Cost per
2977	student station does not include the cost of purchasing or
2978	leasing the site for the construction or the cost of related
2979	offsite improvements.
2980	(e) The restrictions of this subsection on the cost per
2981	student station of new construction do not apply to a project
2982	funded entirely from proceeds received by districts through
2983	provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
2984	State Constitution, if the school board approves the project by
2985	majority vote.
2986	Section 36. Subsection (2) of section 1007.261 and
2987	sections 1012.41, 1013.21, and 1013.43, Florida Statutes, are
2988	repealed.
2989	Section 37. Subsection (13) is added to section 216.292,
2990	Florida Statutes, to read:
2991	216.292 Appropriations nontransferable; exceptions.--
2992	(13) The Executive Office of the Governor shall transfer
2993	funds from appropriations for public school operations to a
2994	fixed capital outlay appropriation for class size reduction
2995	based on recommendations of the Florida Education Finance
2996	Program Appropriation Allocation Conference pursuant to s.
2997	1003.03(5)(a). This subsection is subject to the notice and
2998	review provisions of s. 216.177.
2999	Section 38. Section 1000.041, Florida Statutes, is created
3000	to read:
3001	1000.041 Better educated students and teachers (BEST)
3002	Florida teaching; legislative purposes; guiding principles.--The
3003	legislative purposes and guiding principles of BEST Florida
3004	teaching are:
3005	(1) Teachers teach, students learn.
3006	(2) Teachers maintain orderly, disciplined classrooms
3007	conducive to student learning.
3008	(3) Teachers are trained, recruited, well compensated, and
3009	retained for quality.
3010	(4) Teachers are well rewarded for their students' high
3011	performance.
3012	(5) Teachers are most effective when served by exemplary
3013	school administrators.
3014
3015	Each teacher preparation program, each postsecondary educational
3016	institution providing dual enrollment or other acceleration
3017	programs, each district school board, and each district and
3018	school-based administrator fully supports and cooperates in the
3019	accomplishment of these purposes and guiding principles.
3020	Section 39. Section 1001.33, Florida Statutes, is amended
3021	to read:
3022	1001.33 Schools under control of district school board and
3023	district school superintendent.--
3024	(1)Except as otherwise provided by law, all public
3025	schools conducted within the district shall be under the
3026	direction and control of the district school board with the
3027	district school superintendent as executive officer.
3028	(2) Each district school board, each district school
3029	superintendent, and each district and school-based administrator
3030	shall cooperate to apply the following guiding principles for
3031	better educated students and teachers (BEST) Florida teaching:
3032	(a) Teachers teach, students learn.
3033	(b) Teachers maintain orderly, disciplined classrooms
3034	conducive to student learning.
3035	(c) Teachers are trained, recruited, well compensated, and
3036	retained for quality.
3037	(d) Teachers are well rewarded for their students' high
3038	performance.
3039	(e) Teachers are most effective when served by exemplary
3040	school administrators.
3041	Section 40. Subsections (5) and (6) of section 1001.42,
3042	Florida Statutes, are amended to read:
3043	1001.42 Powers and duties of district school board.--The
3044	district school board, acting as a board, shall exercise all
3045	powers and perform all duties listed below:
3046	(5) PERSONNEL.--
3047	(a)Designate positions to be filled, prescribe
3048	qualifications for those positions, and provide for the
3049	appointment, compensation, promotion, suspension, and dismissal
3050	of employees, subject to the requirements of chapter 1012. Each
3051	district school board shall provide clerical personnel or
3052	volunteers who are not classroom teachers to assist teachers in
3053	noninstructional activities, including performing paperwork and
3054	recordkeeping duties. However, a teacher shall remain
3055	responsible for all instructional activities and for classroom
3056	management and grading student performance.
3057	(b)Notwithstanding s. 1012.55 or any other provision of
3058	law or rule to the contrary and, the district school board may,
3059	consistent with adopted district school board policy relating to
3060	alternative certification for school principals, have the
3061	authority toappoint persons to the position of school principal
3062	who do not hold educator certification.
3063	(c) Fully support and cooperate in the application of the
3064	guiding principles for better educated students and teachers
3065	(BEST) Florida teaching, pursuant to s. 1000.041.
3066	(6) STUDENTCHILDWELFARE.--
3067	(a)In accordance with the provisions of chapters 1003 and
3068	1006, provide for the proper accounting for all students
3069	childrenof school age, for the attendance and control of
3070	students at school, and for proper attention to health, safety,
3071	and other matters relating to the welfare of studentschildren.
3072	(b) In accordance with the provisions of ss. 1003.31 and
3073	1003.32, fully support the authority of each teacher and school
3074	bus driver to remove disobedient, disrespectful, violent,
3075	abusive, uncontrollable, or disruptive students from the
3076	classroom and the school bus and the authority of the school
3077	principal to place such students in an alternative educational
3078	setting, when appropriate and available.
3079	Section 41. Subsection (23) of section 1001.51, Florida
3080	Statutes, is renumbered as subsection (25), and new subsections
3081	(23) and (24) are added to said section to read:
3082	1001.51 Duties and responsibilities of district school
3083	superintendent.--The district school superintendent shall
3084	exercise all powers and perform all duties listed below and
3085	elsewhere in the law, provided that, in so doing, he or she
3086	shall advise and counsel with the district school board. The
3087	district school superintendent shall perform all tasks necessary
3088	to make sound recommendations, nominations, proposals, and
3089	reports required by law to be acted upon by the district school
3090	board. All such recommendations, nominations, proposals, and
3091	reports by the district school superintendent shall be either
3092	recorded in the minutes or shall be made in writing, noted in
3093	the minutes, and filed in the public records of the district
3094	school board. It shall be presumed that, in the absence of the
3095	record required in this section, the recommendations,
3096	nominations, and proposals required of the district school
3097	superintendent were not contrary to the action taken by the
3098	district school board in such matters.
3099	(23) QUALITY TEACHERS.--Fully support and cooperate in the
3100	application of the guiding principles for better educated
3101	students and teachers (BEST) Florida teaching, pursuant to s.
3102	1000.041.
3103	(24) ORDERLY CLASSROOMS AND SCHOOL BUSES.--Fully support
3104	the authority of each teacher, according to s. 1003.32, and
3105	school bus driver to remove disobedient, disrespectful, violent,
3106	abusive, uncontrollable, or disruptive students from the
3107	classroom and the school bus and the authority of the school
3108	principal to place such students in an alternative educational
3109	setting, when appropriate and available.
3110	Section 42. Subsection (1) of section 1001.54, Florida
3111	Statutes, is amended to read:
3112	1001.54 Duties of school principals.--
3113	(1)(a)A district school board shall employ, through
3114	written contract, public school principals.
3115	(b)The school principal has authority over school
3116	district personnel in accordance with s. 1012.28.
3117	(c) The school principal shall encourage school personnel
3118	to implement the guiding principles for better educated students
3119	and teachers (BEST) Florida teaching, pursuant to s. 1000.041.
3120	(d) The school principal should fully support the
3121	authority of each teacher, according to s. 1003.32, and school
3122	bus driver to remove disobedient, disrespectful, violent,
3123	abusive, uncontrollable, or disruptive students from the
3124	classroom and the school bus and, when appropriate and
3125	available, place such students in an alternative educational
3126	setting.
3127	Section 43. Subsection (22) is added to said section
3128	1002.20, Florida Statutes, to read:
3129	1002.20 K-12 student and parent rights.--K-12 students and
3130	their parents are afforded numerous statutory rights including,
3131	but not limited to, the following:
3132	(22) ORDERLY, DISCIPLINED CLASSROOMS.--Public school
3133	students shall be in orderly, disciplined classrooms conducive
3134	to learning without the distraction caused by disobedient,
3135	disrespectful, violent, abusive, uncontrollable, or disruptive
3136	students, in accordance with s. 1003.32.
3137	Section 44. Subsection (13) of section 1002.42, Florida
3138	Statutes, is amended to read:
3139	1002.42 Private schools.--
3140	(13) PROFESSIONAL DEVELOPMENT SYSTEM.--An organization of
3141	private schools that has no fewer than 10 member schools in this
3142	state may develop a professional development system to be filed
3143	with the Department of Education in accordance with the
3144	provisions of s. 1012.98(6)(7).
3145	Section 45. Section 1003.04, Florida Statutes, is amended
3146	to read:
3147	1003.04 Student conduct and parental involvement goals.--
3148	(1) It is the goal of the Legislature and each district
3149	school board that Each public K-12 student must comply with
3150	school attendance lawsremain in attendancethroughout the
3151	school year, unless excused by the school for illness or other
3152	good cause, and mustcomply fully with the school's code of
3153	conduct.
3154	(2) The parent of each public K-12 student must cooperate
3155	with the authority of the student's district school board,
3156	superintendent, principal, teachers, and school bus drivers,
3157	according to ss. 1003.31 and 1003.32, to remove the student from
3158	the classroom and the school bus and, when appropriate and
3159	available, to place the student in an alternative educational
3160	setting, if the student is disobedient, disrespectful, violent,
3161	abusive, uncontrollable, or disruptive.
3162	(3)(2)It is the goal of the Legislature and each district
3163	school board that the parent of each public K-12 student comply
3164	with the school's reasonable and time-acceptable parental
3165	involvement requests.
3166	Section 46. Subsection (1) of section 1003.31, Florida
3167	Statutes, is amended to read:
3168	1003.31 Students subject to control of school.--
3169	(1) Subject to law and rules of the State Board of
3170	Education and of the district school board, each student
3171	enrolled in a school shall:
3172	(a) During the time she or he is being transported to or
3173	from school at public expense;
3174	(b) During the time she or he is attending school;
3175	(c) During the time she or he is on the school premises
3176	participating with authorization in a school-sponsored activity;
3177	and
3178	(d) During a reasonable time before and after the student
3179	is on the premises for attendance at school or for authorized
3180	participation in a school-sponsored activity, and only when on
3181	the premises,
3182
3183	be under the control and direction of the principal or teacher
3184	in charge of the school, and under the immediate control and
3185	direction of the teacher or other member of the instructional
3186	staff or of the bus driver to whom such responsibility may be
3187	assigned by the principal. However, the State Board of Education
3188	or the district school board may, by rules, subject each student
3189	to the control and direction of the principal or teacher in
3190	charge of the school during the time she or he is otherwise en
3191	route to or from school or is presumed by law to be attending
3192	school. Each district school board, each district school
3193	superintendent, and each school principal should fully support
3194	the authority of teachers, according to s. 1003.32, and school
3195	bus drivers to remove disobedient, disrespectful, violent,
3196	abusive, uncontrollable, or disruptive students from the
3197	classroom and the school bus and, when appropriate and
3198	available, place such students in an alternative educational
3199	setting.
3200	Section 47. Section 1003.32, Florida Statutes, is amended
3201	to read:
3202	1003.32 Authority of teacher; responsibility for control
3203	of students; district school board and principal
3204	duties.--Subject to law and to the rules of the district school
3205	board, each teacher or other member of the staff of any school
3206	shall have such authority for the control and discipline of
3207	students as may be assigned to him or her by the principal or
3208	the principal's designated representative and shall keep good
3209	order in the classroom and in other places in which he or she is
3210	assigned to be in charge of students.
3211	(1) In accordance with this section andwithin the
3212	framework of the district school board's code of student
3213	conduct, teachers and other instructional personnel shall have
3214	the authority to undertake any of the following actions in
3215	managing student behavior and ensuring the safety of all
3216	students in their classes and school and their opportunity to
3217	learn in an orderly and disciplined classroom:
3218	(a) Establish classroom rules of conduct.
3219	(b) Establish and implement consequences, designed to
3220	change behavior, for infractions of classroom rules.
3221	(c) Have disobedient, disrespectful, violent, abusive,
3222	uncontrollable, or disruptive students temporarilyremoved from
3223	the classroom for behavior management intervention.
3224	(d) Have violent, abusive, uncontrollable, or disruptive
3225	students directed for information or assistance from appropriate
3226	school or district school board personnel.
3227	(e) Assist in enforcing school rules on school property,
3228	during school-sponsored transportation, and during school-
3229	sponsored activities.
3230	(f) Request and receive information as to the disposition
3231	of any referrals to the administration for violation of
3232	classroom or school rules.
3233	(g) Request and receive immediate assistance in classroom
3234	management if a student becomes uncontrollable or in case of
3235	emergency.
3236	(h) Request and receive training and other assistance to
3237	improve skills in classroom management, violence prevention,
3238	conflict resolution, and related areas.
3239	(i) Press charges if there is reason to believe thata
3240	crime has been committed against the teacher or other
3241	instructional personnelon school property, during school-
3242	sponsored transportation, or during school-sponsored activities.
3243	(j) Use reasonable force, according to standards adopted
3244	by the State Board of Education, to protect himself or herself
3245	or others from injury.
3246	(k) Use corporal punishment according to school board
3247	policy and at least the following procedures, if a teacher feels
3248	that corporal punishment is necessary:
3249	1. The use of corporal punishment shall be approved in
3250	principle by the principal before it is used, but approval is
3251	not necessary for each specific instance in which it is used.
3252	The principal shall prepare guidelines for administering such
3253	punishment which identify the types of punishable offenses, the
3254	conditions under which the punishment shall be administered, and
3255	the specific personnel on the school staff authorized to
3256	administer the punishment.
3257	2. A teacher or principal may administer corporal
3258	punishment only in the presence of another adult who is informed
3259	beforehand, and in the student's presence, of the reason for the
3260	punishment.
3261	3. A teacher or principal who has administered punishment
3262	shall, upon request, provide the student's parent with a written
3263	explanation of the reason for the punishment and the name of the
3264	other adult who was present.
3265	(2) Teachers and other instructional personnel shall:
3266	(a) Set and enforce reasonable classroom rules that treat
3267	all students equitably.
3268	(b) Seek professional development to improve classroom
3269	management skills when data show that they are not effective in
3270	handling minor classroom disruptions.
3271	(c) Maintain an orderly and disciplined classroom witha
3272	positive and effective learning environment that maximizes
3273	learning and minimizes disruption.
3274	(d) Work with parents and other school personnel to solve
3275	discipline problems in their classrooms.
3276	(3) A teacher may send a student to the principal's office
3277	to maintain effective discipline in the classroom and may
3278	recommend an appropriate consequence consistent with the student
3279	code of conduct under s. 1006.07. The principal shall respond by
3280	employing the teacher's recommended consequence or a more
3281	serious disciplinary action if the student's history of
3282	disruptive behavior warrants it. If the principal determines
3283	that a different disciplinary action is appropriate, the
3284	principal should consult with the teacher prior to taking such
3285	different disciplinary actionappropriate discipline-management
3286	techniques consistent with the student code of conduct under s.
3287	1006.07.
3288	(4) A teacher may remove a student from class a student
3289	whose behavior the teacher determines interferes with the
3290	teacher's ability to communicate effectively with the students
3291	in the class or with the ability of the student's classmates to
3292	learn. Each district school board, each district school
3293	superintendent, and each school principal should support the
3294	authority of teachers to remove disobedient, violent, abusive,
3295	uncontrollable, or disruptive students from the classroom.
3296	(5) If a teacher removes a student from class under
3297	subsection (4), the principal may place the student in another
3298	appropriate classroom, in in-school suspension, or in a dropout
3299	prevention and academic intervention program as provided by s.
3300	1003.53; or the principal may recommend the student for out-of-
3301	school suspension or expulsion, as appropriate. The student may
3302	be prohibited from attending or participating in school-
3303	sponsored or school-related activities. The principal may not
3304	return the student to that teacher's class without the teacher's
3305	consent unless the committee established under subsection (6)
3306	determines that such placement is the best or only available
3307	alternative. The teacher and the placement review committee must
3308	render decisions within 5 days of the removal of the student
3309	from the classroom.
3310	(6)(a) Each school shall establish a placement review
3311	committee to determine placement of a student when a teacher
3312	withholds consent to the return of a student to the teacher's
3313	class. A school principal must notify each teacher in that
3314	school about the availability, the procedures, and the criteria
3315	for the placement review committee as outlined in this section.
3316	(b) The principal must report on a quarterly basis to the
3317	district school superintendent and district school board each
3318	incidence of a teacher's withholding consent for a removed
3319	student to return to the teacher's class and the disposition of
3320	the incident, and the superintendent must annually report these
3321	data to the department.
3322	(c) The Commissioner of Education shall annually review
3323	each school district's compliance with this section, and success
3324	in achieving orderly classrooms, and shall use all appropriate
3325	enforcement actions up to and including the withholding of
3326	disbursements from the Educational Enhancement Trust Fund until
3327	full compliance is verified.
3328	(d) Placement reviewcommittee membership must include at
3329	least the following:
3330	1.(a) Two teachers, one selected by the school's faculty
3331	and one selected by the teacher who has removed the student.
3332	2.(b)One member from the school's staff who is selected
3333	by the principal.
3334
3335	The teacher who withheld consent to readmitting the student may
3336	not serve on the committee. The teacher and the placement review
3337	committee must render decisions within 5 days after the removal
3338	of the student from the classroom. If the placement review
3339	committee's decision is contrary to the decision of the teacher
3340	to withhold consent to the return of the removed student to the
3341	teacher's class, the teacher may appeal the committee's decision
3342	to the district school superintendent.
3343	(7) Any teacher who removes 25 percent of his or her total
3344	class enrollment shall be required to complete professional
3345	development to improve classroom management skills.
3346	(8) Each teacher or other member of the staff of any
3347	school who knows or has reason to believe that any person has
3348	committed, or has made a credible threat to commit, a crime of
3349	violence on school property shall report such knowledge or
3350	belief in accordance with the provisions of s. 1006.13. Each
3351	district school superintendent and each school principal shall
3352	fully support good faith reporting in accordance with the
3353	provisions of this subsection and s. 1006.13. Any person who
3354	makes a report required by this subsection in good faith shall
3355	be immune from civil or criminal liability for making the
3356	report.
3357	(9)(8)When knowledgeable of the likely risk of physical
3358	violence in the schools, the district school board shall take
3359	reasonable steps to ensure that teachers, other school staff,
3360	and students are not at undue risk of violence or harm.
3361	Section 48. Section 1004.04, Florida Statutes, is amended
3362	to read:
3363	1004.04 Public accountability and state approval for
3364	teacher preparation programs.--
3365	(1) INTENT.--
3366	(a)The Legislature recognizes that skilled teachers make
3367	an important contribution to a system that allows students to
3368	obtain a high-quality education.
3369	(b) The intent of the Legislature is to require the State
3370	Board of Education to attainestablisha system for development
3371	and approval of teacher preparation programs that allowswill
3372	freepostsecondary teacher preparation institutions to employ
3373	varied and innovative teacher preparation techniques while being
3374	held accountable for producing graduates with the competencies
3375	and skills necessary to achieve the state education goals; help
3376	the state's diverse student population, including students who
3377	have substandard reading and computational skills andstudents
3378	with limited English proficiency, meet high standards for
3379	academic achievement; maintain safe, secure classroom learning
3380	environments; and sustain the state system of school improvement
3381	and education accountability established pursuant to ss.
3382	1000.03(5) and 1008.345.
3383	(2) UNIFORM CORE CURRICULA.--
3384	(a)The State Board of Education shall adopt rules
3385	pursuant to ss. 120.536(1) and 120.54 that establish uniform
3386	core curricula for each state-approved teacher preparation
3387	program.
3388	(b) The rules to establish uniform core curricula for each
3389	state-approved teacher preparation program must include, but are
3390	not limited to, a State Board of Education identified foundation
3391	in scientifically researched, knowledge-based reading literacy
3392	and computational skills acquisition; classroom management;
3393	school safety; professional ethics; educational law; human
3394	development and learning; and understanding of the Sunshine
3395	State Standards content measured by state achievement tests,
3396	reading and interpretation of data, and use of data to improve
3397	student achievement.
3398	(c) These rules shall not require an additional period of
3399	time-to-degree but may be phased in to enable teacher
3400	preparation programs to supplant courses, including pedagogy
3401	courses, not required by law or State Board of Education rule
3402	with the courses identified pursuant to paragraph (b).
3403	(3)(2)DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A
3404	system developed by the Department of Education in collaboration
3405	with postsecondary educational institutions shall assist
3406	departments and colleges of education in the restructuring of
3407	their programs in accordance with this sectionto meet the need
3408	for producing quality teachers now and in the future.
3409	(a)The system must be designed to assist teacher
3410	educators in conceptualizing, developing, implementing, and
3411	evaluating programs that meet state-adopted standards. These
3412	standards shall emphasize quality indicators drawn from
3413	research, professional literature, recognized guidelines,
3414	Florida essential teaching competencies and educator-
3415	accomplished practices, effective classroom practices, and the
3416	outcomes of the state system of school improvement and education
3417	accountability, as well as performance measures.
3418	(b)Departments and colleges of education shall emphasize
3419	the state system of school improvement and education
3420	accountability concepts and standards, including Sunshine State
3421	Standards.
3422	(c)State-approved teacher preparation programs must
3423	incorporate:
3424	1.Appropriate English for Speakers of Other Languages
3425	instruction so that program graduates will have completed the
3426	requirements for teaching limited English proficient students in
3427	Florida public schools.
3428	2. Scientifically researched, knowledge-based reading
3429	literacy and computational skills instruction so that program
3430	graduates will be able to provide the necessary academic
3431	foundations for their students at whatever grade levels they
3432	choose to teach.
3433	(4)(3)INITIAL STATE PROGRAM APPROVAL.--
3434	(a) A program approval process based on standards adopted
3435	pursuant to subsectionssubsection (2) and (3)must be
3436	established for postsecondary teacher preparation programs,
3437	phased in according to timelines determined by the Department of
3438	Education, and fully implemented for all teacher preparation
3439	programs in the state. Each program shall be approved by the
3440	department, consistent with the intent set forth in subsection
3441	(1) and based primarily upon significant, objective, and
3442	quantifiable graduate performance measures.
3443	(b) Each teacher preparation program approved by the
3444	Department of Education, as provided for by this section, shall
3445	require students to meet the following as prerequisites for
3446	admission into the program:
3447	1. Have a grade point average of at least 2.5 on a 4.0
3448	scale for the general education component of undergraduate
3449	studies or have completed the requirements for a baccalaureate
3450	degree with a minimum grade point average of 2.5 on a 4.0 scale
3451	from any college or university accredited by a regional
3452	accrediting association as defined by State Board of Education
3453	rule or any college or university otherwise approved pursuant to
3454	State Board of Education rule.
3455	2. Demonstrate mastery of general knowledge, including the
3456	ability to read, write, and compute, by passing the College
3457	Level Academic Skills Test, a corresponding component of the
3458	National Teachers Examination series, or a similar test pursuant
3459	to rules of the State Board of Education.
3460
3461	Each teacher preparation program may waive these admissions
3462	requirements for up to 10 percent of the students admitted.
3463	Programs shall implement strategies to ensure that students
3464	admitted under a waiver receive assistance to demonstrate
3465	competencies to successfully meet requirements for
3466	certification.
3467	(5)(4)CONTINUED PROGRAM APPROVAL.--Notwithstanding
3468	subsection (4)(3), failure by a public or nonpublic teacher
3469	preparation program to meet the criteria for continued program
3470	approval shall result in loss of program approval. The
3471	Department of Education, in collaboration with the departments
3472	and colleges of education, shall develop procedures for
3473	continued program approval that document the continuous
3474	improvement of program processes and graduates' performance.
3475	(a) Continued approval of specific teacher preparation
3476	programs at each public and nonpublic postsecondary educational
3477	institution within the state is contingent upon the passing of
3478	the written examination required by s. 1012.56 by at least 90
3479	percent of the graduates of the program who take the
3480	examination. On request of an institution,The Department of
3481	Education shall annuallyprovide an analysis of the performance
3482	of the graduates of such institution with respect to the
3483	competencies assessed by the examination required by s. 1012.56.
3484	(b) Additional criteria for continued program approval for
3485	public institutions may be approved by the State Board of
3486	Education. Such criteria must emphasize instruction in classroom
3487	management and must provide for the evaluation of the teacher
3488	candidates' performance in this area. The criteria shall also
3489	require instruction in working with underachieving students.
3490	Program evaluation procedures must include, but are not limited
3491	to, program graduates' satisfaction with instruction and the
3492	program's responsiveness to local school districts. Additional
3493	criteria for continued program approval for nonpublic
3494	institutions shall be developed in the same manner as for public
3495	institutions; however, such criteria must be based upon
3496	significant, objective, and quantifiable graduate performance
3497	measures. Responsibility for collecting data on outcome measures
3498	through survey instruments and other appropriate means shall be
3499	shared by the postsecondary educational institutions and the
3500	Department of Education. By January 1 of each year, the
3501	Department of Education shall report this information for each
3502	postsecondary educational institution that has state-approved
3503	programs of teacher education to the Governor, the State Board
3504	of Education, the Commissioner of Education, the President of
3505	the Senate, the Speaker of the House of Representatives, all
3506	Florida postsecondary teacher preparation programs, and
3507	interested members of the public. This report must analyze the
3508	data and make recommendations for improving teacher preparation
3509	programs in the state.
3510	(c) Continued approval for a teacher preparation program
3511	is contingent upon the results of periodicannual reviews, on a
3512	schedule established by the State Board of Education,of the
3513	program conducted by the postsecondary educational institution,
3514	using procedures and criteria outlined in an institutional
3515	program evaluation plan approved by the Department of Education.
3516	This plan must incorporate the criteria established in
3517	paragraphs (a) and (b) and include provisions for involving
3518	primary stakeholders, such as program graduates, district school
3519	personnel, classroom teachers, principals, community agencies,
3520	and business representatives in the evaluation process. Upon
3521	request by an institution, the department shall provide
3522	assistance in developing, enhancing, or reviewing the
3523	institutional program evaluation plan and training evaluation
3524	team members.
3525	(d) Continued approval for a teacher preparation program
3526	is contingent upon standards being in place that are designed to
3527	adequately prepare elementary, middle, and high school teachers
3528	to instruct their students in reading andhigher-level
3529	mathematics concepts and in the use of technology at the
3530	appropriate grade level.
3531	(e) Continued approval of teacher preparation programs is
3532	contingent upon compliance with the student admission
3533	requirements of subsection (4)(3)and upon the receipt of at
3534	least a satisfactory rating from public schools and private
3535	schools that employ graduates of the program. Each teacher
3536	preparation program at a state university or community college
3537	shall guarantee that its graduates will demonstrate the skills
3538	specified in subparagraphs 1.-5. during the first 2 years
3539	immediately following graduation from the program or following
3540	initial certification, whichever occurs first. Any teacher in a
3541	Florida public school who fails to demonstrate the essential
3542	skills specified in subparagraphs 1.-5. shall be provided
3543	additional training by the state university or community college
3544	from which he or she received the education degree at no expense
3545	to the teacher or the employer. Such training must consist of an
3546	individualized plan agreed upon by the school district and the
3547	public postsecondary educational institution that includes
3548	specific learning outcomes. The public postsecondary educational
3549	institution assumes no responsibility for the teacher's
3550	employment contract with the employer.Employer satisfaction
3551	shall be determined by aan annually administeredsurvey
3552	instrument approved by the Department of Education and annually
3553	administered by the postsecondary educational institutionthat,
3554	at a minimum, must include employer satisfaction of the
3555	graduates' ability to do the following:
3556	1. Write and speak in a logical and understandable style
3557	with appropriate grammar.
3558	2. Recognize signs of students' difficulty with the
3559	reading and computational process and apply appropriate measures
3560	to improve students' reading and computational performance.
3561	3. Use and integrate appropriate technology in teaching
3562	and learning processes.
3563	4. Demonstrate knowledge and understanding of Sunshine
3564	State Standards.
3565	5. Maintain an orderly and disciplined classroom conducive
3566	to student learning.
3567	(f)1. Each Florida public and private institution that
3568	offers a state-approved teacher preparation program must
3569	annually report information regarding these programs to the
3570	state and the general public. This information shall be reported
3571	in a uniform and comprehensible manner that is consistent with
3572	definitions and methods approved by the Commissioner of the
3573	National Center for Educational Statistics and that is approved
3574	by the State Board of Education. This information must include,
3575	at a minimum:
3576	a. The percent of graduates obtaining full-time teaching
3577	employment within the first year of graduation.
3578	b. The average length of stay of graduates in their full-
3579	time teaching positions.
3580	c. Satisfaction ratings required in paragraph (e).
3581	2. Each public and private institution offering training
3582	for school readiness related professions, including training in
3583	the fields of child care and early childhood education, whether
3584	offering technical credit, associate in applied science degree
3585	programs, associate in science degree programs, or associate in
3586	arts degree programs, shall annually report information
3587	regarding these programs to the state and the general public in
3588	a uniform and comprehensible manner that conforms with
3589	definitions and methods approved by the State Board of
3590	Education. This information must include, at a minimum:
3591	a. Average length of stay of graduates in their positions.
3592	b. Satisfaction ratings of graduates' employers.
3593
3594	This information shall be reported through publications,
3595	including college and university catalogs and promotional
3596	materials sent to potential applicants, secondary school
3597	guidance counselors, and prospective employers of the
3598	institution's program graduates.
3599	(6)(5)PRESERVICE FIELD EXPERIENCE.--All postsecondary
3600	instructors, school district personnel and instructional
3601	personnel, and school sites preparing instructional personnel
3602	through preservice field experience courses and internships
3603	shall meet special requirements. District school boards are
3604	authorized to pay student teachers during their internships.
3605	(a) All instructors in postsecondary teacher preparation
3606	programs who instruct or supervise preservice field experience
3607	courses or internships shall have at least one of the following:
3608	specialized training in clinical supervision; a valid
3609	professional teaching certificate pursuant to ss. 1012.56 and
3610	1012.585; or at least 3 years of successful teaching experience
3611	in prekindergarten through grade 12.
3612	(b) All school district personnel and instructional
3613	personnel who supervise or direct teacher preparation students
3614	during field experience courses or internships must have
3615	evidence of "clinical educator" training and must successfully
3616	demonstrate effective classroom management strategies that
3617	consistently result in improved student performance. The State
3618	Board of Education shall approve the training requirements.
3619	(c) Preservice field experience programs must provide
3620	specific guidance and demonstration of effective classroom
3621	management strategies, strategies for incorporating technology
3622	into classroom instruction, strategies for incorporating
3623	scientifically researched, knowledge-based reading literacy and
3624	computational skills acquisition into classroom instruction,and
3625	ways to link instructional plans to the Sunshine State
3626	Standards, as appropriate. The length of structured field
3627	experiences may be extended to ensure that candidates achieve
3628	the competencies needed to meet certification requirements.
3629	(d) Postsecondary teacher preparation programs in
3630	cooperation with district school boards and approved private
3631	school associations shall select the school sites for preservice
3632	field experience activities. These sites must represent the full
3633	spectrum of school communities, including, but not limited to,
3634	schools located in urban settings. In order to be selected,
3635	school sites must demonstrate commitment to the education of
3636	public school students and to the preparation of future
3637	teachers.
3638	(7)(6)STANDARDS OF EXCELLENCE.--The State Board of
3639	Education shall approve standards of excellence for teacher
3640	preparation. These standards must exceed the requirements for
3641	program approval pursuant to subsection (4)(3)and must
3642	incorporate state and national recommendations for exemplary
3643	teacher preparation programs.
3644	(8)(7)NATIONAL BOARD STANDARDS.--The State Board of
3645	Education shall review standards and recommendations developed
3646	by the National Board for Professional Teaching Standards and
3647	may incorporate those parts deemed appropriate into criteria for
3648	continued state program approval, standards of excellence, and
3649	requirements for inservice education.
3650	(9)(8)COMMUNITY COLLEGES.--To the extent practical,
3651	postsecondary educational institutions offering teacher
3652	preparation programs shall establish articulation agreements on
3653	a core of liberal arts courses and introductory professional
3654	courses with field experience components which shall be offered
3655	at community colleges.
3656	(10)(9)PRETEACHER AND TEACHER EDUCATION PILOT
3657	PROGRAMS.--State universities and community colleges may
3658	establish preteacher education and teacher education pilot
3659	programs to encourage promising minority students to prepare for
3660	a career in education. These pilot programs shall be designed to
3661	recruit and provide additional academic, clinical, and
3662	counseling support for students whom the institution judges to
3663	be potentially successful teacher education candidates, but who
3664	may not meet teacher education program admission standards.
3665	Priority consideration shall be given to those pilot programs
3666	that are jointly submitted by community colleges and state
3667	universities.
3668	(a) These pilot programs shall be approved by the State
3669	Board of Education and shall be designed to provide help and
3670	support for program participants during the preteacher education
3671	period of general academic preparation at a community college or
3672	state university and during professional preparation in a state-
3673	approved teacher education program. Emphasis shall be placed on
3674	development of the basic skills needed by successful teachers.
3675	(b) State universities and community colleges may admit
3676	into the pilot program those incoming students who demonstrate
3677	an interest in teaching as a career, but who may not meet the
3678	requirements for entrance into an approved teacher education
3679	program.
3680	1. Flexibility may be given to colleges of education to
3681	develop and market innovative teacher training programs directed
3682	at specific target groups such as graduates from the colleges of
3683	arts and sciences, employed education paraprofessionals,
3684	substitute teachers, early federal retirees, and nontraditional
3685	college students. Programs must be submitted to the State Board
3686	of Education for approval.
3687	2. Academically successful graduates in the fields of
3688	liberal arts and science may be encouraged to embark upon a
3689	career in education.
3690	3. Models may be developed to provide a positive initial
3691	experience in teaching in order to encourage retention. Priority
3692	should be given to models that encourage minority graduates.
3693	(c) In order to be certified, a graduate from a pilot
3694	program shall meet all requirements for teacher certification
3695	specified by s. 1012.56. Should a graduate of a pilot program
3696	not meet the requirements of s. 1012.56, that person shall not
3697	be included in the calculations required by paragraph (5)(4)(a)
3698	and State Board of Education rules for continued program
3699	approval, or in the statutes used by the State Board of
3700	Education in deciding which teacher education programs to
3701	approve.
3702	(d) Institutions participating in the pilot program shall
3703	submit an annual report evaluating the success of the program to
3704	the Commissioner of Education by March 1 of each year. The
3705	report shall include, at a minimum,contain, but shall not be
3706	limited to:the number of pilot program participants, including
3707	the number participating in general education and the number
3708	admitted to approved teacher education programs, the number of
3709	pilot program graduates, and the number of pilot program
3710	graduates who met the requirements of s. 1012.56. The
3711	commissioner shall consider the number of participants
3712	recruited, the number of graduates, and the number of graduates
3713	successfully meeting the requirements of s. 1012.56 reported by
3714	each institution, and shall make an annual recommendation to the
3715	State Board of Education regarding the institution's continued
3716	participation in the pilot program.
3717	(11)(10)TEACHER EDUCATION PILOT PROGRAMS FOR HIGH-
3718	ACHIEVING STUDENTS.--Pilot teacher preparation programs may
3719	shall be established at any college or university that has a
3720	state board approved teacher preparation programthe University
3721	of Central Florida, the University of North Florida, and the
3722	University of South Florida. These programs shall include a
3723	year-long paid teaching assignment and competency-based learning
3724	experiences and shall be designed to encourage high-achieving
3725	students, as identified by the institution, to pursue a career
3726	in education. Priority consideration shall be given to students
3727	obtaining academic degrees in mathematics, science, engineering,
3728	reading, or identified critical shortage areas.Students chosen
3729	to participate in the pilot programs shall agree to teach for at
3730	least 3 years1 yearafter they receive their degrees. Criteria
3731	for identifying high-achieving students shall be developed by
3732	the institution and shall include, at a minimum, requirements
3733	that the student have a 3.3 grade point average or above and
3734	that the student has demonstrated mastery of general knowledge
3735	pursuant to s. 1012.56. The year-long paid teaching assignment
3736	shall begin after completion of the equivalent of 3 years of the
3737	state university teacher preparation program.
3738	(a) Each pilot program shall be designed to include:
3739	1. A year-long paid teaching assignment at a low-
3740	performingspecifiedschool site during the fourth year of the
3741	state university teacher preparation program, which includes
3742	intense supervision by a support team trained in clinical
3743	education. The support team shall include a state university
3744	supervisor and experienced school-based mentors. A mentor
3745	teacher shall be assigned to each fourth year employed teacher
3746	to implement an individualized learning plan. This mentor
3747	teacher will be considered an adjunct professor for purposes of
3748	this program and may receive credit for time spent as a mentor
3749	teacher in the program. The mentor teacher must have a master's
3750	degree or above, a minimum of 3 years of teaching experience,
3751	and clinical education training or certification by the National
3752	Board forofProfessional Teaching Standards. Experiences and
3753	instruction may be delivered by other mentors, assigned
3754	teachers, professors, individualized learning, and
3755	demonstrations. Students in this paid teaching assignment shall
3756	assume full responsibility of all teaching duties.
3757	2. Professional education curriculum requirements that
3758	address the educator-accomplished practices and other
3759	competencies specified in state board rule.
3760	3. A modified instructional delivery system that provides
3761	onsite training during the paid teaching assignment in the
3762	professional education areas and competencies specified in this
3763	subsection. The institutions participating in this pilot program
3764	shall be given a waiver to provide a modified instructional
3765	delivery system meeting criteria that allows earned credit
3766	through nontraditional approaches. The modified system may
3767	provide for an initial evaluation of the candidate's
3768	competencies to determine an appropriate individualized
3769	professional development plan and may provide for earned credit
3770	by:
3771	a. Internet learning and competency acquisition.
3772	b. Learning acquired by observing demonstrations and being
3773	observed in application.
3774	c. Independent study or instruction by mentor teachers or
3775	adjunct teachers.
3776	4. Satisfactory demonstration of the educator-accomplished
3777	practices and content area competencies for program completion.
3778	5. For program completion, required achievement of passing
3779	scores on all tests required for certification by State Board of
3780	Education rules.
3781	(b) Beginning in July 2003, each institution participating
3782	in the pilot program shall submit to the Commissioner of
3783	Education an annual report evaluating the effectiveness of the
3784	program. The report shall include, but shall not be limited to,
3785	the number of students selected for the pilot program, the
3786	number of students successfully completing the pilot program,
3787	the number of program participants who passed all required
3788	examinations, the number of program participants who
3789	successfully demonstrated all required competencies, and a
3790	follow-up study to determine the number of pilot program
3791	completers who were employed in a teaching position and
3792	employers' satisfaction with the performance of pilot program
3793	completers based on student performance.
3794	(c) This subsection shall be implemented to the extent
3795	specifically funded in the General Appropriations Act.
3796	(12)(11)RULES.--The State Board of Education shall adopt
3797	necessary rules pursuant to ss. 120.536(1) and 120.54 to
3798	implement this section.
3799	Section 49. Subsection (1) of section 1006.08, Florida
3800	Statutes, is amended to read:
3801	1006.08 District school superintendent duties relating to
3802	student discipline and school safety.--
3803	(1) The district school superintendent shall recommend
3804	plans to the district school board for the proper accounting for
3805	all students of school age, for the attendance and control of
3806	students at school, andfor the proper attention to health,
3807	safety, and other matters which will best promote the welfare of
3808	students. Each district school superintendent should fully
3809	support the authority of principals, teachers, according to s.
3810	1003.32, and school bus drivers to remove disobedient,
3811	disrespectful, violent, abusive, uncontrollable, or disruptive
3812	students from the classroom and the school bus and, when
3813	appropriate and available, to place such students in an
3814	alternative educational setting.When the district school
3815	superintendent makes a recommendation for expulsion to the
3816	district school board, he or she shall give written notice to
3817	the student and the student's parent of the recommendation,
3818	setting forth the charges against the student and advising the
3819	student and his or her parent of the student's right to due
3820	process as prescribed by ss. 120.569 and 120.57(2). When
3821	district school board action on a recommendation for the
3822	expulsion of a student is pending, the district school
3823	superintendent may extend the suspension assigned by the
3824	principal beyond 10 school days if such suspension period
3825	expires before the next regular or special meeting of the
3826	district school board.
3827	Section 50. Paragraph (a) of subsection (1) of section
3828	1006.09, Florida Statutes, is amended to read:
3829	1006.09 Duties of school principal relating to student
3830	discipline and school safety.--
3831	(1)(a) Subject to law and to the rules of the State Board
3832	of Education and the district school board, the principal in
3833	charge of the school or the principal's designee shall develop
3834	policies for delegating to any teacher or other member of the
3835	instructional staff or to any bus driver transporting students
3836	of the school responsibility for the control and direction of
3837	students. Each school principal should fully support the
3838	authority of teachers, according to s. 1003.32, and school bus
3839	drivers to remove disobedient, disrespectful, violent, abusive,
3840	uncontrollable, or disruptive students from the classroom and
3841	the school bus and, when appropriate and available, place such
3842	students in an alternative educational setting.The principal or
3843	the principal's designee must give full consideration toshall
3844	considerthe recommendation for discipline made by a teacher,
3845	other member of the instructional staff, or a bus driver when
3846	making a decision regarding student referral for discipline.
3847	Section 51. Section 1009.59, Florida Statutes, is amended
3848	to read:
3849	1009.59 Critical Teacher Shortage Student Loan
3850	ReimbursementForgivenessProgram.--
3851	(1) The Critical Teacher Shortage Student Loan
3852	ReimbursementForgivenessProgram is established to encourage
3853	qualified personnel with undergraduate or graduate degrees in
3854	mathematics, science, engineering, reading, or State Board of
3855	Education designated critical teacher shortage areasto seek
3856	employment as teachers in Florida's publicly funded schoolsin
3857	subject areas in which critical teacher shortages exist, as
3858	identified annually by the State Board of Education. The primary
3859	purposefunction of the program is to enhance the quality of
3860	Florida's teacher workforce by makingmakerepayments toward
3861	loans received by the selectedstudents from federal programs or
3862	commercial lending institutions for the support of postsecondary
3863	education study. Repayments are intended to be made to qualified
3864	applicants with undergraduate or graduate degrees in
3865	mathematics, science, engineering, reading, or State Board of
3866	Education designated critical teacher shortage areaswho begin
3867	teaching for the first time in designated subject areas, andwho
3868	apply during their first full year of teaching in a publicly
3869	funded school in Floridaas certified teachers in these subject
3870	areas. Repayment shall be prorated if a teacher teaches at least
3871	90 days during the first year of teaching.
3872	(2) From the funds available, the Department of Education
3873	may make loan principal repayments on behalf of persons with
3874	degrees in mathematics, science, engineering, reading, or state
3875	board designated critical teacher shortage areas who are
3876	certified to teach in Florida public schools. The repayments may
3877	be madeas follows:
3878	(a) Up to $1,500 the first year the person is employed as
3879	a teacher in a publicly funded school in Florida$2,500 a year
3880	for up to 4 years on behalf of selected graduates of state-
3881	approved undergraduate postsecondary teacher preparation
3882	programs, persons certified to teach pursuant to any applicable
3883	teacher certification requirements, or selected teacher
3884	preparation graduates from any state participating in the
3885	Interstate Agreement on the Qualification of Educational
3886	Personnel.
3887	(b) Up to $2,500 for the second year the person is
3888	employed as a teacher in a publicly funded school in Florida
3889	$5,000 a year for up to 2 years on behalf of selected graduates
3890	of state-approved graduate postsecondary teacher preparation
3891	programs, persons with graduate degrees certified to teach
3892	pursuant to any applicable teacher certification requirements,
3893	or selected teacher preparation graduates from any state
3894	participating in the Interstate Agreement on the Qualification
3895	of Educational Personnel.
3896	(c) Up to $3,500 for the third year the person is employed
3897	as a teacher in a publicly funded school in Florida.
3898	(d) Up to $4,500 for the fourth year and each subsequent
3899	year, up to a maximum of 10 years, the person is employed as a
3900	teacher in a publicly funded school in Florida.
3901	(e)(c)All repayments shall be contingent on continued
3902	proof of satisfactory employment in a teacher positionthe
3903	designated subject areas in a publicly funded school inthis
3904	state and shall be made directly to the holder of the loan or
3905	the applicant. The state shall not bear responsibility for the
3906	collection of any interest charges or other remaining balance.
3907	In the event that designated critical teacher shortage subject
3908	areas are changed by the State Board of Education,A teacher
3909	shall continue to be eligible for loan reimbursement in
3910	accordance with paragraphs (a)-(d) for up to the maximum of 10
3911	years ifforgiveness as long as he or she continues to teach in
3912	a subject area or in a critical shortage area pursuant to this
3913	section at a publicly funded school in Floridain the subject
3914	area for which the original loan repayment was madeand
3915	otherwise meets all conditions of eligibility.
3916	(3) Students receiving a statescholarship loan or a
3917	fellowship loan are not eligible to participate in the Critical
3918	Teacher Shortage Student Loan ReimbursementForgivenessProgram.
3919	(4) The Department of Education must advertise the
3920	availability of this program and must advise school districts,
3921	postsecondary educational institutions, and the public of the
3922	criteria and application procedures.
3923	(5)(4)The State Board of Education may adopt rules
3924	pursuant to ss. 120.536(1) and 120.54 necessary for the
3925	administration of this program.
3926	(6)(5)This section shall be implemented only to the
3927	extent as specifically funded and authorized by law.
3928	Section 52. Section 1009.591, Florida Statutes, is created
3929	to read:
3930	1009.591 Teaching Fellows Program.--There is created the
3931	Teaching Fellows Program to encourage graduate students in
3932	mathematics, science, or engineering disciplines or state board
3933	designated critical teacher shortage areas to enter the teaching
3934	profession in public schools in Florida. The program shall be
3935	administered by the Department of Education.
3936	(1) The Teaching Fellows Program shall provide an annual
3937	stipend of $5,000 for each approved teaching fellow who is
3938	enrolled full-time in one of Florida's public or private
3939	universities in a graduate program in a mathematics, science, or
3940	engineering discipline or a state board designated critical
3941	teacher shortage area and commits to teach in a publicly funded
3942	school in Florida for 5 consecutive years immediately following
3943	completion of the graduate program.
3944	(2) It is the intent of the Legislature that the total
3945	amount appropriated annually for the program be sufficient to
3946	provide 200 teaching fellows with stipends of $5,000 per year
3947	and to provide a $5,000 signing bonus to each fellow upon
3948	initial employment as a teacher in a Florida public school
3949	graded "A," "B," or "C," or a $10,000 signing bonus upon
3950	employment in a Florida public school graded "D" or "F" with
3951	$5,000 at initial employment and $5,000 upon completion of the
3952	first year of teaching.
3953	(3) A teaching fellow may receive a stipend from the
3954	program for up to 4 consecutive years if the teaching fellow
3955	remains enrolled full-time in an eligible program and makes
3956	satisfactory progress toward a graduate degree in a program in a
3957	mathematics, science, or engineering discipline or a state board
3958	designated critical teacher shortage area.
3959	(4) A teaching fellow who receives a stipend pursuant to
3960	this section and attends a state university shall also receive a
3961	waiver of tuition and out-of-state fees, if applicable, at that
3962	university.
3963	(5) If a teaching fellow graduates and is employed
3964	following graduation as a teacher in a publicly funded school in
3965	Florida for 5 consecutive years, the teaching fellow is not
3966	required to repay the amount received as stipends, bonus, or
3967	tuition and fee waivers pursuant to this program.
3968	(6) If a teaching fellow does not obtain a graduate degree
3969	within 4 years, or if the teaching fellow graduates but does not
3970	teach in a publicly funded school in Florida for 5 consecutive
3971	years following graduation, the teaching fellow must repay the
3972	Department of Education, on a schedule to be determined by the
3973	department, the total amount awarded for stipends, bonus, and
3974	tuition and fee waivers received pursuant to this program plus
3975	annual interest of 8 percent accruing from the date of the
3976	scholarship payment. Moneys repaid shall be deposited into the
3977	State Student Financial Assistance Trust Fund established in s.
3978	1010.73. However, the department may provide additional time for
3979	repayment if the department finds that circumstances beyond the
3980	control of the recipient caused or contributed to default on the
3981	repayment.
3982	(7) Recipients under this program are not eligible to
3983	participate in the Teacher Student Loan Reimbursement Program.
3984	(8) The department must advertise the availability of this
3985	program and advise school districts, postsecondary educational
3986	institutions, and the public of the criteria and application
3987	procedures.
3988	(9) The State Board of Education may adopt rules pursuant
3989	to ss. 120.536(1) and 120.54 necessary for the administration of
3990	this program.
3991	(10) This section shall be implemented only to the extent
3992	as specifically funded and authorized by law.
3993	Section 53. Section 1011.63, Florida Statutes, is created
3994	to read:
3995	1011.63 Better educated students and teachers (BEST)
3996	Florida teaching categorical fund for salary career ladder;
3997	performance pay reserve fund bonuses.--
3998	(1) There is created a categorical fund to fund a salary
3999	career ladder for teacher salary levels pursuant to s.
4000	1012.231(2). To access this fund, school districts must first
4001	comply with the requirements of s. 1003.03(2) and (3) and also
4002	comply with the requirements of s. 1012.22(1)(c)4. by rewarding
4003	each of their classroom teachers in the "career teacher"
4004	category, pursuant to s. 1012.231(2)(b), whose students
4005	demonstrate more than a year’s worth of learning in 1 year as
4006	measured by the FCAT or local assessment in accordance with s.
4007	1008.22(3) or (7) with an annual performance bonus pursuant to
4008	paragraph (2)(b).
4009	(2)(a) Beginning with the 2003-2004 academic year,
4010	categorical funds for BEST Florida teaching shall be allocated
4011	annually to each school district based on each school district's
4012	proportionate share of full-time K-12 classroom teachers. These
4013	funds shall be in addition to the funds appropriated on the
4014	basis of full-time equivalent student membership in the Florida
4015	Education Finance Program and shall be included in the total
4016	potential funds of each school district. These funds shall be
4017	used only to fund a salary career ladder for teacher salary
4018	levels pursuant to s. 1012.231(2).
4019	(b) Each district school board shall also use a portion of
4020	its performance pay reserve funds required pursuant to s.
4021	1012.22(1)(c)4. to provide BEST Florida teaching bonuses of up
4022	to $3,000 to each full-time K-12 classroom teacher in the
4023	"career teacher" category, pursuant to s. 1012.231(2)(b), whose
4024	students demonstrate more than a year’s worth of learning in 1
4025	year as measured by the FCAT or local assessment in accordance
4026	with s. 1008.22(3) or (7).
4027	(3) A school district that has satisfied the requirements
4028	of subsections (1) and (2) and the requirements of s. 1003.03(2)
4029	and (3) may use the funds for any lawful operating expenditure;
4030	however, priority should be given to increasing the salary of
4031	career teachers as defined in s. 1012.231(2)(b).
4032	(4) To be eligible for categorical funds, each district
4033	school superintendent shall submit to the Commissioner of
4034	Education, and receive the commissioner's approval of:
4035	(a) A plan detailing the school district's salary career
4036	ladder for teacher salary levels.
4037	(b) A plan detailing the school district's methodology for
4038	selecting the teachers in the "career teacher" category,
4039	pursuant to s. 1012.231(2)(b), who will receive the performance
4040	bonuses and how it will use a portion of its performance pay
4041	reserve funds required by s. 1012.22(1)(c)4. to fund the
4042	bonuses.
4043	(5) Any teacher in the "career teacher" category, pursuant
4044	to s. 1012.231(2)(b), who receives a performance bonus 2 years
4045	in a 4-year period shall be considered for promotion to “lead
4046	teacher” pursuant to s. 1012.231(2)(c).
4047	Section 54. Section 1012.05, Florida Statutes, is amended
4048	to read:
4049	1012.05 Teacher recruitment and retention.--
4050	(1) The Department of Education, in cooperation with
4051	teacher organizations, district personnel offices, and schools,
4052	colleges, and departments of alleducation inpublic and
4053	nonpublic postsecondary educational institutions, shall
4054	concentrate on the recruitment of qualified teachers.
4055	(2) The Department of Education shall:
4056	(a) Develop and implement a system for posting teaching
4057	vacancies and establish a database of teacher applicants that is
4058	accessible within and outside the state.
4059	(b) Advertise in major newspapers, national professional
4060	publications, and other professional publications and in public
4061	and nonpublic postsecondary educational institutionsschools of
4062	education.
4063	(c) Utilize state and nationwide toll-free numbers.
4064	(d) Conduct periodic communications with district
4065	personnel directors regarding applicants.
4066	(e) Provide district access to the applicant database by
4067	computer or telephone.
4068	(f) Develop and distribute promotional materials related
4069	to teaching as a career.
4070	(g) Publish and distribute information pertaining to
4071	employment opportunities, application procedures, and all routes
4072	toward teacher certification in Florida, and teacher salaries.
4073	(h) Provide information related to certification
4074	procedures.
4075	(i) Develop and sponsor the Florida Future Educator of
4076	America Program throughout the state.
4077	(j) Develop, in consultation with school district staff
4078	including, but not limited to, district school superintendents,
4079	district school board members, and district human resources
4080	personnel, a long-range plan for educator recruitment and
4081	retention.
4082	(k) Identify best practices for retaining high-quality
4083	teachers.
4084	(l) Develop, in consultation with Workforce Florida, Inc.,
4085	and the Agency for Workforce Innovation, created pursuant to ss.
4086	445.004 and 20.50, respectively, a plan for accessing and
4087	identifying available resources in the state's workforce system
4088	for the purpose of enhancing teacher recruitment and retention.
4089	(m) Develop and implement a First Response Center to
4090	provide educator candidates one-stop shopping for information on
4091	teaching careers in Florida and establish the Teacher Lifeline
4092	Network to provide on-line support to beginning teachers and
4093	those needing assistance.
4094	(3) The Department of Education, in cooperation with
4095	district personnel offices, shall sponsor a job fair in a
4096	central part of the state to match in-state educators and
4097	potential educators and out-of-state educators and potential
4098	educatorswith teaching opportunities in this state.
4099	(4) Subject to proviso in the General Appropriations Act,
4100	the Commissioner of Education may use funds appropriated by the
4101	Legislature and funds from federal grants and other sources to
4102	provide incentives for teacher recruitment and preparation
4103	programs. The purpose of the use of such funds is to recruit and
4104	prepare individuals who do not graduate from state-approved
4105	teacher preparation programs to teach in a Florida public
4106	school. The commissioner may contract with entities other than,
4107	and including, approved teacher preparation programs to provide
4108	intensive teacher training leading to passage of the required
4109	certification exams for the desired subject area or coverage.
4110	The commissioner shall survey school districts to evaluate the
4111	effectiveness of such programs.
4112	Section 55. Section 1012.231, Florida Statutes, is created
4113	to read:
4114	1012.231 Teacher compensation; assignment of teachers.--
4115	(1) MINIMUM SALARY.--Beginning with the 2003-2004 academic
4116	year, each district school board shall develop, and shall
4117	present to the State Board of Education by June 30, 2004, a
4118	plan, to be implemented beginning with the 2004-2005 academic
4119	year, for minimum compensation of full-time classroom teachers
4120	at no less than the amount of $31,000, in 2003 dollars, indexed
4121	to the Consumer Price Index thereafter, pursuant to legislative
4122	appropriations. The plan shall provide for phased-in incremental
4123	implementation that maintains separation between years of
4124	service for each differentiated classroom teacher category as
4125	required pursuant to subsection (2). Beginning with the 2004-
4126	2005 academic year, this minimum beginning salary shall be
4127	considered a statewide minimum standard similar to minimum
4128	number of school days, designation of duties of instructional
4129	personnel, and minimum certification standards and, as such,
4130	shall not be subject to collective bargaining under chapter 447.
4131	(2) SALARY CAREER LADDER FOR CLASSROOM
4132	TEACHERS.--Beginning with the 2003-2004 academic year, each
4133	district school board shall use its share of the BEST Florida
4134	teaching categorical to fund a salary career ladder for
4135	classroom teachers, with the highest salary level based on
4136	outstanding performance and assignment of additional duties.
4137	Performance shall be defined as designated in s.
4138	1012.34(3)(a)1.-7. and shall also include local assessments as
4139	required by s. 1008.22(7) to determine student learning gains in
4140	grades and classes not measured by the FCAT. District school
4141	boards shall designate categories of classroom teachers
4142	reflecting these salary career levels as follows:
4143	(a) Associate Teacher.--Classroom teachers who have not
4144	yet fully validated all essential teaching competencies,
4145	including the educator-accomplished practices as established in
4146	State Board of Education rule, who have not qualified through
4147	reciprocal certification options identified in s. 1012.56, or
4148	who are low-performing teachers. The district school board is
4149	authorized to demote any chronically low-performing teacher to
4150	associate teacher.
4151	(b) Career Teacher.--Classroom teachers who have fully
4152	validated all essential teaching competencies, including the
4153	educator-accomplished practices as established in State Board of
4154	Education rule, or who have qualified through reciprocal
4155	certification options identified in s. 1012.56.
4156	(c) Lead Teacher.--The highest performing 5 percent of
4157	classroom teachers in the school district, after mentor
4158	teachers, who have demonstrated outstanding performance as
4159	evidenced by improved student achievement and who are
4160	responsible for leading others in the school as department
4161	chair, lead teacher, grade-level leader, intern coordinator, or
4162	professional development coordinator. Lead teachers must
4163	participate on a regular basis in the direct instruction of
4164	students and serve as faculty for professional development
4165	activities as determined by the State Board of Education. Lead
4166	teachers shall be paid an additional annual salary of $5,000.
4167	(d) Mentor Teacher.--The highest performing 3 percent of
4168	classroom teachers in the school district who have demonstrated
4169	sustained outstanding performance as evidenced by improved
4170	student achievement and other factors as defined by the State
4171	Board of Education and who serve as regular mentors to other
4172	teachers who are either not performing satisfactorily or who
4173	strive to become more proficient. Mentor teachers must serve as
4174	faculty-based professional development coordinators and
4175	regularly demonstrate and share their expertise with other
4176	teachers in order to remain mentor teachers. Mentor teachers
4177	must also participate on a regular basis in the direct
4178	instruction of low-performing students. Mentor teachers shall be
4179	paid an additional annual salary of $10,000.
4180	(3) TEACHER ASSIGNMENT.--School districts may not assign a
4181	higher percentage than the school district average of first-time
4182	teachers, temporarily certified teachers, teachers in need of
4183	improvement, or out-of-field teachers to schools with above the
4184	school district average of minority and economically
4185	disadvantaged students or schools that are graded "D" or "F."
4186	District school boards are authorized to provide salary
4187	incentives to meet this requirement. No district school board
4188	shall sign a collective bargaining agreement that fails to
4189	provide sufficient incentives to meet this requirement.
4190	Section 56. Section 1012.27, Florida Statutes, is amended
4191	to read:
4192	1012.27 Public school personnel; powers and duties of
4193	district school superintendent.--The district school
4194	superintendent isshall be responsible, as required herein,for
4195	directing the work of the personnel, subject to the requirements
4196	of this chapter, and in addition the district school
4197	superintendent shall performhave the following duties:
4198	(1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.--
4199	(a) Recommend to the district school board duties and
4200	responsibilities which need to be performed and positions which
4201	need to be filled to make possible the development of an
4202	adequate school program in the district. Beginning with the
4203	2003-2004 academic year, this recommendation shall provide for
4204	clerical personnel or volunteers who are not classroom teachers
4205	to assist teachers in noninstructional activities, including
4206	performing paperwork and recordkeeping duties. However, a
4207	teacher shall remain responsible for all instructional
4208	activities and for classroom management and grading student
4209	performance.
4210	(b) Recommend minimum qualifications of personnel for
4211	these various positions, and nominate in writing persons to fill
4212	such positions.
4213
4214	The district school superintendent's recommendations for filling
4215	instructional positions at the school level must consider
4216	nominations received from school principals of the respective
4217	schools. Before transferring a teacher who holds a professional
4218	teaching certificate from one school to another, the district
4219	school superintendent shall consult with the principal of the
4220	receiving school and allow the principal to review the teacher's
4221	records and interview the teacher. If, in the judgment of the
4222	principal, students would not benefit from the placement, an
4223	alternative placement may be sought.
4224	(2) COMPENSATION AND SALARY SCHEDULES.--Prepare and
4225	recommend to the district school board for adoption a salary
4226	schedule or salary schedules. The district school superintendent
4227	must recommend a salary schedule for instructional personnel
4228	which bases a portion of each employee's compensation on
4229	performance demonstrated under s. 1012.34. In developing the
4230	recommended salary schedule, the district school superintendent
4231	shall include input from parents, teachers, and representatives
4232	of the business community. Beginning with the 2003-2004 academic
4233	year, the recommended salary schedule for classroom teachers
4234	shall be consistent with the requirements of s. 1012.231.
4235	(3) CONTRACTS AND TERMS OF SERVICE.--Recommend to the
4236	district school board terms for contracting with employees and
4237	prepare such contracts as are approved.
4238	(4) TRANSFER.--Recommend employees for transfer and
4239	transfer any employee during any emergency and report the
4240	transfer to the district school board at its next regular
4241	meeting.
4242	(5) SUSPENSION AND DISMISSAL.--Suspend members of the
4243	instructional staff and other school employees during
4244	emergencies for a period extending to and including the day of
4245	the next regular or special meeting of the district school board
4246	and notify the district school board immediately of such
4247	suspension. When authorized to do so, serve notice on the
4248	suspended member of the instructional staff of charges made
4249	against him or her and of the date of hearing. Recommend
4250	employees for dismissal under the terms prescribed herein.
4251	(6) DIRECT WORK OF EMPLOYEES AND SUPERVISE
4252	INSTRUCTION.--Direct or arrange for the proper direction and
4253	improvement, under rules of the district school board, of the
4254	work of all members of the instructional staff and other
4255	employees of the district school system, supervise or arrange
4256	under rules of the district school board for the supervision of
4257	instruction in the district, and take such steps as are
4258	necessary to bring about continuous improvement.
4259	Section 57. Subsections (3) and (4) of section 1012.28,
4260	Florida Statutes, are amended to read:
4261	1012.28 Public school personnel; duties of school
4262	principals.--
4263	(3) Each school principal is responsible for the
4264	performance of all personnel employed by the district school
4265	board and assigned to the school to which the principal is
4266	assigned. The school principal shall faithfully and effectively
4267	apply the personnel assessment system approved by the district
4268	school board pursuant to s. 1012.34 and, beginning with the
4269	2003-2004 academic year, s. 1012.231.
4270	(4) Each school principal shall assist the teachers within
4271	the school to use student assessment data, as measured by
4272	student learning gains pursuant to s. 1008.22, for self-
4273	evaluation. Each school principal shall also ensure that
4274	clerical personnel or volunteers who are not classroom teachers
4275	assist teachers in noninstructional activities, including
4276	performing paperwork and recordkeeping duties.
4277	Section 58. Paragraph (a) of subsection (1), subsection
4278	(2), and paragraph (a) of subsection (3) of section 1012.585,
4279	Florida Statutes, are amended to read:
4280	1012.585 Process for renewal of professional
4281	certificates.--
4282	(1)(a) District school boards in this stateshall renew
4283	state-issued professional certificates as follows:
4284	1. Each district school board shall renew state-issued
4285	professional certificates for individuals who hold a state-
4286	issued professional certificate by this stateand are employed
4287	by that district pursuant to criteria established in subsections
4288	(2), (3), and (4) and rules of the State Board of Education.
4289	2. The employing school district may charge the individual
4290	an application fee not to exceed the amount charged by the
4291	Department of Education for such services, including associated
4292	late renewal fees. Each district school board shall transmit
4293	monthly to the department a fee in an amount established by the
4294	State Board of Education for each renewed certificate. The fee
4295	shall not exceed the actual cost for maintenance and operation
4296	of the statewide certification database and for the actual costs
4297	incurred in printing and mailing such renewed certificates. As
4298	defined in current rules of the state board, the department
4299	shall contribute a portion of such fee for purposes of funding
4300	the Educator Recovery Network established in s. 1012.798. The
4301	department shall deposit all funds into the Educational
4302	Certification Trust Fund for use as specified in s. 1012.59.
4303	(2)(a) All professional certificates, except a
4304	nonrenewable professional certificate, shall be renewable for
4305	successive periods not to exceed 5 years after the date of
4306	submission of documentation of completion of the requirements
4307	for renewal provided in subsection (3). Only one renewal may be
4308	granted during each 5-year validity period of a professional
4309	certificate.
4310	(b) A teacher with national certification from the
4311	National Board for Professional Teaching Standards is deemed to
4312	meet state renewal requirements for the life of the teacher's
4313	national certificate in the subject shown on the national
4314	certificate. A complete renewal application and fee shall be
4315	submitted. The Commissioner of Education shall notify teachers
4316	of the renewal application and fee requirements.
4317	(c) As authorized by State Board of Education rule, a
4318	teacher with a valid certificate issued by the American Board
4319	for Certification of Teacher Excellence is deemed to meet state
4320	renewal requirements for the life of the teacher's American
4321	Board certificate in the subject shown on the American Board
4322	certificate. A complete renewal application and fee shall be
4323	submitted.
4324	(d)(c)If the renewal application form is not received by
4325	the department or by the employing school district before the
4326	expiration of the professional certificate, the application
4327	form, application fee, and a late fee must be submitted before
4328	July 1 of the year following expiration of the certificate in
4329	order to renew the professional certificate.
4330	(e)(d)The State Board of Education shall adopt rules to
4331	allow a 1-year extension of the validity period of a
4332	professional certificate in the event of serious illness,
4333	injury, or other extraordinary extenuating circumstances of the
4334	applicant. The department shall grant such 1-year extension upon
4335	written request by the applicant or by the district school
4336	superintendent or the governing authority of a university lab
4337	school, state-supported school, or private school that employs
4338	the applicant.
4339	(3) For the renewal of a professional certificate, the
4340	following requirements must be met:
4341	(a) The applicant must earn a minimum of 6 college credits
4342	or 120 inservice points or a combination thereof. For each area
4343	of specialization to be retained on a certificate, the applicant
4344	must earn at least 3 of the required credit hours or equivalent
4345	inservice points in the specialization area. Education in
4346	"clinical educator" training pursuant to s. 1004.04(6)(b)
4347	1004.04(5)(b)and credits or points that provide training in the
4348	area of scientifically researched, knowledge-based reading
4349	literacy and computational skills acquisition,exceptional
4350	student education, normal child development, and the disorders
4351	of development may be applied toward any specialization area.
4352	Credits or points that provide training in the areas of drug
4353	abuse, child abuse and neglect, strategies in teaching students
4354	having limited proficiency in English, or dropout prevention, or
4355	training in areas identified in the educational goals and
4356	performance standards adopted pursuant to ss. 1000.03(5) and
4357	1001.23 may be applied toward any specialization area. Credits
4358	or points earned through approved summer institutes may be
4359	applied toward the fulfillment of these requirements. Inservice
4360	points may also be earned by participation in professional
4361	growth components approved by the State Board of Education and
4362	specified pursuant to s. 1012.98 in the district's approved
4363	master plan for inservice educational training, including, but
4364	not limited to, serving as a trainer in an approved teacher
4365	training activity, serving on an instructional materials
4366	committee or a state board or commission that deals with
4367	educational issues, or serving on an advisory council created
4368	pursuant to s. 1001.452.
4369	Section 59. Section 1012.586, Florida Statutes, is created
4370	to read:
4371	1012.586 Additions or changes to certificates; duplicate
4372	certificates.--A school district may process via a Department of
4373	Education website certificates for the following applications of
4374	public school employees:
4375	(1) Addition of a subject coverage or endorsement to a
4376	valid Florida certificate on the basis of the completion of the
4377	appropriate subject area testing requirements of s.
4378	1012.56(4)(a) or the completion of the requirements of an
4379	approved school district program or the inservice components for
4380	an endorsement.
4381	(2) A reissued certificate to reflect a name change.
4382	(3) A duplicate certificate to replace a lost or damaged
4383	certificate.
4384
4385	The employing school district shall charge the employee a fee
4386	not to exceed the amount charged by the Department of Education
4387	for such services. Each district school board shall retain a
4388	portion of the fee as defined in the rules of the State Board of
4389	Education. The portion sent to the department shall be used for
4390	maintenance of the technology system, the web application, and
4391	posting and mailing of the certificate.
4392	Section 60. Subsections (1) and (2) and paragraph (a) of
4393	subsection (3) of section 1012.72, Florida Statutes, are amended
4394	to read:
4395	1012.72 Dale Hickam Excellent Teaching Program.--
4396	(1) The Legislature recognizes that teachers play a
4397	critical role in preparing students to achieve the high levels
4398	of academic performance expected by the Sunshine State Standards
4399	and. The Legislature further recognizesthe importance of
4400	identifying and rewarding teaching excellence and of encouraging
4401	good teachers to become excellent teachers. The Legislature
4402	finds that the National Board of Professional Teaching Standards
4403	(NBPTS) has established high and rigorous standards for
4404	accomplished teaching and has developed a national voluntary
4405	system for assessing and certifying teachers who demonstrate
4406	teaching excellence by meeting those standards. It is therefore
4407	the Legislature's intent to provide incentives for teachers to
4408	seek nationalNBPTScertification and to reward teachers who
4409	demonstrate teaching excellence by attaining nationalNBPTS
4410	certification and sharing their expertise with students and
4411	other teachers. Contingent upon approval by the State Board of
4412	Education, the incentives and privileges extended to the
4413	National Board for Professional Teaching Standards (NBPTS) and
4414	to a teacher who holds a valid certificate issued by the NBPTS
4415	shall be extended to the American Board for Certification of
4416	Teacher Excellence (ABCTE) and to a teacher who holds a valid
4417	Master Teacher Certificate issued by the ABCTE.
4418	(2) The Dale Hickam Excellent Teaching Program is created
4419	to provide categorical funding for monetary incentives and
4420	bonuses for teaching excellence. The Department of Education
4421	shall distribute to each school district or to the NBPTS, or to
4422	the ABCTE if approved by the State Board of Education,an amount
4423	as prescribed annually by the Legislature for the Dale Hickam
4424	Excellent Teaching Program. For purposes of this section, the
4425	Florida School for the Deaf and the Blind shall be considered a
4426	school district. Unless otherwise provided in the General
4427	Appropriations Act, each distribution shall be the sum of the
4428	amounts earned for the following incentives and bonuses:
4429	(a) A fee subsidy to be paid by the Department of
4430	Education to the NBPTS, or to the ABCTE if approved by the State
4431	Board of Education,on behalf of each individual who is an
4432	employee of a district school board or a public school within
4433	the school district, who is certified by the district to have
4434	demonstrated satisfactory teaching performance pursuant to s.
4435	1012.34 and who satisfies the prerequisites for participating in
4436	the NBPTS certification program, or the ABCTE master teacher
4437	certification program if approved by the State Board of
4438	Education, and who agrees, in writing, to pay 10 percent of the
4439	NBPTS or ABCTEparticipation fee and to participate in the NBPTS
4440	certification program, or the ABCTE master teacher certification
4441	program if approved by the State Board of Education,during the
4442	school year for which the fee subsidy is provided. The fee
4443	subsidy for each eligible participant shall be an amount equal
4444	to 90 percent of the fee charged for participating in the NBPTS
4445	certification program. The fee subsidy is a one-time award and
4446	may not be duplicated for any individual.
4447	(b) A portfolio-preparation incentive of $150 paid by the
4448	Department of Education to each teacher employed by a district
4449	school board or a public school within a school district who is
4450	participating in the NBPTS certification program, or the ABCTE
4451	master teacher certification program if approved by the State
4452	Board of Education. The portfolio-preparation incentive is a
4453	one-time award paid during the school year for which the NBPTS
4454	fee subsidy is provided.
4455	(c) An annual bonus equal to 10 percent of the prior
4456	fiscal year's statewide average salary for classroom teachers to
4457	be distributed to the school district to be paid to each
4458	individual who holds NBPTS certification, or ABCTE master
4459	teacher certification if approved by the State Board of
4460	Education,and is employed by the district school board or by a
4461	public school within the school district. The district school
4462	board shall distribute the annual bonus to each individual who
4463	meets the requirements of this paragraph and who is certified
4464	annually by the district to have demonstrated satisfactory
4465	teaching performance pursuant to s. 1012.34. The annual bonus
4466	may be paid as a single payment or divided into not more than
4467	three payments.
4468	(d) An annual bonus equal to 10 percent of the prior
4469	fiscal year's statewide average salary for classroom teachers to
4470	be distributed to the school district to be paid to each
4471	individual who meets the requirements of paragraph (c) and
4472	agrees, in writing, to provide the equivalent of 12 workdays of
4473	mentoring and related services to beginningpublic school
4474	teachers or teachers in low-performing schoolswithin the state
4475	who do not hold NBPTS certification or ABCTE certification if
4476	approved by the State Board of Education. The district school
4477	board shall distribute the annual bonus in a single payment
4478	following the completion of all required mentoring and related
4479	services for the year. It is not the intent of the Legislature
4480	to remove excellent teachers from their assigned classrooms;
4481	therefore, credit may not be granted by a school district or
4482	public school for mentoring or related services provided during
4483	student contact time during the 196 days of required service for
4484	the school year.
4485
4486	Beginning with the 2003-2004 academic year, annual bonuses
4487	pursuant to this section shall be limited to teachers who
4488	demonstrate outstanding student performance in accordance with
4489	s. 1012.34(3)(a)1.-7. and who also demonstrate significant
4490	successful efforts in mentoring other teachers, including
4491	beginning teachers or those in need of assistance.A teacher for
4492	whom the state pays the certification fee and who does not
4493	complete the certification program or does not teach in a public
4494	school of this state for at least 1 year after completing the
4495	certification program must repay the amount of the certification
4496	fee to the state. However, a teacher who completes the
4497	certification program but fails to be awarded NBPTS
4498	certification, or ABCTE master teacher certification if approved
4499	by the State Board of Education,is not required to repay the
4500	amount of the certification fee if the teacher meets the 1-year
4501	teaching requirement. Repayment is not required of a teacher who
4502	does not complete the certification program or fails to fulfill
4503	the teaching requirement because of the teacher's death or
4504	disability or because of other extenuating circumstances as
4505	determined by the State Board of Education.
4506	(3)(a) In addition to any other remedy available under the
4507	law, any person who is a recipient of a certification fee
4508	subsidy paid to the NBPTS, or the ABCTE if approved by the State
4509	Board of Education,and who is an employee of the state or any
4510	of its political subdivisions is considered to have consented,
4511	as a condition of employment, to the voluntary or involuntary
4512	withholding of wages to repay to the state the amount of such a
4513	certification fee subsidy awarded under this section. Any such
4514	employee who defaults on the repayment of such a certification
4515	fee subsidy must, within 60 days after service of a notice of
4516	default by the Department of Education to the employee,
4517	establish a repayment schedule which must be agreed to by the
4518	department and the employee, for repaying the defaulted sum
4519	through payroll deductions. The department may not require the
4520	employee to pay more than 10 percent of the employee's pay per
4521	pay period under such a repayment schedule or plan. If the
4522	employee fails to establish a repayment schedule within the
4523	specified period of time or fails to meet the terms and
4524	conditions of the agreed upon or approved repayment schedule as
4525	authorized by this subsection, the employee has breached an
4526	essential condition of employment and is considered to have
4527	consented to the involuntary withholding of wages or salary for
4528	the repayment of the certification fee subsidy.
4529	Section 61. Section 1012.73, Florida Statutes, is
4530	repealed.
4531	Section 62. Subsection (2), paragraph (b) of subsection
4532	(3), and subsections (5) through (11) of section 1012.98,
4533	Florida Statutes, are amended to read:
4534	1012.98 School Community Professional Development Act.--
4535	(2) The school community includes students and parents,
4536	administrative personnel, managers, instructional personnel,
4537	support personnel, members of district school boards, members of
4538	school advisory councils, parents,business partners, and
4539	personnel that provide health and social services to students
4540	school children. School districts may identify and include
4541	additional members of the school community in the professional
4542	development activities required by this section.
4543	(3) The activities designed to implement this section
4544	must:
4545	(b) Assist the school community in providing stimulating,
4546	scientifically research-basededucational activities that
4547	encourage and motivate students to achieve at the highest levels
4548	and to become active learners.
4549	(5)(a) The Department of Education shall provide a system
4550	for the recruitment, preparation, and professional development
4551	of school administrative personnel. This system shall:
4552	1. Identify the knowledge, competencies, and skills
4553	necessary for effective school management and instructional
4554	leadership that align with student performance standards and
4555	accountability measures.
4556	2. Include performance evaluation methods.
4557	3. Provide for alternate means for preparation of school
4558	administrative personnel which may include programs designed by
4559	school districts and postsecondary educational institutions
4560	pursuant to guidelines developed by the commissioner. Such
4561	preparation programs shall be approved by the Department of
4562	Education.
4563	4. Provide for the hiring of qualified out-of-state school
4564	administrative personnel.
4565	5. Provide advanced educational opportunities for school-
4566	based instructional leaders.
4567	(b) The Commissioner of Education shall appoint a task
4568	force that includes a district school superintendent, a district
4569	school board member, a principal, an assistant principal, a
4570	teacher, a dean of a college of education, and parents. The task
4571	force shall convene periodically to provide recommendations to
4572	the department in the areas of recruitment, certification,
4573	preparation, professional development, and evaluation of school
4574	administrators.
4575	(5)(6)Each district school board shall provide funding
4576	for the professional development system as required by s.
4577	1011.62 and the General Appropriations Act, and shall direct
4578	expenditures from other funding sources to strengthen the system
4579	and make it uniform and coherent. A school district may
4580	coordinate its professional development program with that of
4581	another district, with an educational consortium, or with a
4582	community college or university, especially in preparing and
4583	educating personnel. Each district school board shall make
4584	available inservice activities to instructional personnel of
4585	nonpublic schools in the district and the state certified
4586	teachers who are not employed by the district school board on a
4587	fee basis not to exceed the cost of the activity per all
4588	participants.
4589	(6)(7)An organization of private schools which has no
4590	fewer than 10 member schools in this state, which publishes and
4591	files with the Department of Education copies of its standards,
4592	and the member schools of which comply with the provisions of
4593	part II of chapter 1003, relating to compulsory school
4594	attendance, may also develop a professional development system
4595	that includes a master plan for inservice activities. The system
4596	and inservice plan must be submitted to the commissioner for
4597	approval pursuant to rules of the State Board of Education.
4598	(7)(8)The Department of Education shall design methods by
4599	which the state and district school boards may evaluate and
4600	improve the professional development system. The evaluation must
4601	include an annual assessment of data that indicate progress or
4602	lack of progress of all students. If the review of the data
4603	indicates progress, the department shall identify the best
4604	practices that contributed to the progress. If the review of the
4605	data indicates a lack of progress, the department shall
4606	investigate the causes of the lack of progress, provide
4607	technical assistance, and require the school district to employ
4608	a different approach to professional development. The department
4609	shall report annually to the State Board of Education and the
4610	Legislature any school district that, in the determination of
4611	the department, has failed to provide an adequate professional
4612	development system. This report must include the results of the
4613	department's investigation and of any intervention provided.
4614	(8)(9)The State Board of Education may adopt rules
4615	pursuant to ss. 120.536(1) and 120.54 to administer this
4616	section.
4617	(9)(10)This section does not limit or discourage a
4618	district school board from contracting with independent entities
4619	for professional development services and inservice education if
4620	the district school board can demonstrate to the Commissioner of
4621	Educationbelievesthat, through such a contract, a better
4622	product can be acquired or its goals for education improvement
4623	can be better met.
4624	(10)(11)For teachers, managers, and administrative
4625	personnel who have been evaluated as less than satisfactory, a
4626	district school board shall require participation in specific
4627	professional development programs as part of the improvement
4628	prescription.
4629	Section 63. Section 1012.987, Florida Statutes, is created
4630	to read:
4631	1012.987 Education leadership development.--
4632	(1) The State Board of Education shall adopt rules through
4633	which school principals may earn a principal leadership
4634	designation based on teacher retention, overall student
4635	performance, and school grade. The State Board of Education must
4636	designate incentives available to personnel who earn a principal
4637	leadership designation, including, but not limited to, merit
4638	pay, expanded discretionary spending flexibility, relaxed
4639	regulation or reporting requirements, additional professional
4640	development resources, and public recognition.
4641	(2)(a) The Department of Education shall provide a system
4642	for the recruitment, preparation, and education leadership
4643	development of school administrative personnel. This system
4644	shall be based on standards adopted by the State Board of
4645	Education that include, but are not limited to:
4646	1. Improved student achievement.
4647	2. Increased emphasis on reading using the latest
4648	scientific knowledge-based research in reading and the
4649	administrator's role as a successful school leader in reading
4650	reform efforts.
4651	3. Instructional leadership.
4652	4. Data analysis.
4653	5. School safety.
4654	6. Community and family involvement.
4655	7. Operational management.
4656	8. School finance.
4657	(b) Each education leadership development program must
4658	provide all program participants full information on not less
4659	than an annual basis to update the participants on the status
4660	of, and rationale for changes to, state and federal law and
4661	funding policies.
4662	(c) Education leadership development programs must be
4663	consistent with standards adopted by the State Board of
4664	Education and must be approved by the department.
4665	(d) Alternative education leadership development programs
4666	that meet the standards of, and are approved by, the Department
4667	of Education may be offered by a school district or
4668	postsecondary educational institution.
4669	(e) The Commissioner of Education may conduct K-20
4670	education leadership institutes for the purpose of communicating
4671	the state's education priorities, best practices, and other
4672	related research and facilitating the formation of a K-20
4673	partnership.
4674	Section 64. Notwithstanding any provision of law to the
4675	contrary, when a school is graded "F" or receives a second
4676	consecutive grade of "D," the elected district school
4677	superintendent, or if the district school superintendent is
4678	appointed, the district school board, may request the
4679	resignation of the school principal and teachers.
4680	Section 65. Each district school board shall review and
4681	consider amending any collective bargaining contract that may
4682	hinder the implementation of any provision of this act.
4683	Section 66. The Commissioner of Education shall conduct en
4684	electronic mail or other survey of the classroom teachers in
4685	each school district at the end of the 2003-2004 academic year
4686	to determine whether the teachers received improved support from
4687	their district school board, superintendent, and principal for
4688	paperwork reduction and classroom discipline and shall use the
4689	enforcement authority of s. 1008.32, Florida Statutes, as
4690	appropriate, to ensure compliance with better educated students
4691	and teachers (BEST) Florida teaching.
4692	Section 67. Paragraph (a) of subsection (22) of section
4693	121.021, Florida Statutes, is amended to read:
4694	121.021 Definitions.--The following words and phrases as
4695	used in this chapter have the respective meanings set forth
4696	unless a different meaning is plainly required by the context:
4697	(22) "Compensation" means the monthly salary paid a
4698	member by his or her employer for work performed arising from
4699	that employment.
4700	(a) Compensation shall include:
4701	1. Overtime payments paid from a salary fund.
4702	2. Accumulated annual leave payments.
4703	3. Payments in addition to the employee's base rate of
4704	pay if all the following apply:
4705	a. The payments are paid according to a formal written
4706	policy that applies to all eligible employees equally;
4707	b. The policy provides that payments shall commence no
4708	later than the 11th year of employment;
4709	c. The payments are paid for as long as the employee
4710	continues his or her employment; and
4711	d. The payments are paid at least annually.
4712	4. Amounts withheld for tax sheltered annuities or
4713	deferred compensation programs, or any other type of salary
4714	reduction plan authorized under the Internal Revenue Code.
4715	5. Payments made in lieu of a permanent increase in the
4716	base rate of pay, whether made annually or in 12 or 26 equal
4717	payments within a 12-month period, when the member's base pay
4718	is at the maximum of his or her pay range. When a portion of a
4719	member's annual increase raises his or her pay range and the
4720	excess is paid as a lump sum payment, such lump sum payment
4721	shall be compensation for retirement purposes.
4722	6. Effective July 1, 2002, salary supplements made
4723	pursuant to s.ss. 1012.73 and 1012.72 requiring a valid
4724	National Board for Professional Standards certificateor
4725	equivalent status as provided in s. 1012.73(3)(e)5.,
4726	notwithstanding the provisions of subparagraph 3.
4727	Section 68. Paragraph (b) of subsection (1) of section
4728	1013.35, Florida Statutes, is amended to read:
4729	1013.35 School district educational facilities plan;
4730	definitions; preparation, adoption, and amendment; long-term
4731	work programs.--
4732	(1) DEFINITIONS.--As used in this section, the term:
4733	(b) "District facilities work program" means the 5-year
4734	listing of capital outlay projects adopted by the district
4735	school board as provided in subparagraph (2)(a)2. and paragraph
4736	(2)(b) as part of the district educational facilities plan,
4737	which is required in order to:
4738	1. Properly maintain the educational plant and ancillary
4739	facilities of the district.
4740	2. Provide an adequate number of satisfactory student
4741	stations for the projected student enrollment of the district in
4742	K-12 programs in accordance with the goal in s. 1013.21.
4743	Section 69. Subsection (5) is added to section 1013.45,
4744	Florida Statutes, to read:
4745	1013.45 Educational facilities contracting and
4746	construction techniques.--
4747	(5) In order to ensure that the construction of new and
4748	expanded educational facilities provides public school students
4749	with the best long-term value for classrooms, a district school
4750	board must consider, as part of the selection criteria for
4751	awarding facility contracts, a life cycle cost analysis of
4752	building materials when constructing or expanding school
4753	capacity. The analysis shall include the annualized anticipated
4754	energy consumption, the relative resistance of structural
4755	components to damage by wind loads and associated debris, the
4756	resistance of the structural components to wood-destroying
4757	organisms, a comparison of the perpetual maintenance costs, the
4758	resistance of the structural components to fire, and a
4759	comparison of the annual costs of providing insurance. District
4760	school boards may rely on the information provided by the
4761	contractor if the contractor's analysis is based upon the best
4762	currently available methods, including those of the National
4763	Institute of Standards and Technology, the United States
4764	Department of Housing and Urban Development, other federal or
4765	state agencies, or technical or professional societies.
4766	Section 70. Paragraph (b) of subsection (1) of section
4767	1009.531, Florida Statutes, is amended to read:
4768	1009.531 Florida Bright Futures Scholarship Program;
4769	student eligibility requirements for initial awards.--
4770	(1) To be eligible for an initial award from any of the
4771	three types of scholarships under the Florida Bright Futures
4772	Scholarship Program, a student must:
4773	(b) Earn a standard Florida high school diploma or its
4774	equivalent as described in s. 1003.429, s. 1003.43, or s.
4775	1003.4351003.45unless:
4776	1. The student is enrolled full time in the early
4777	admission program of an eligible postsecondary education
4778	institution or completes a home education program according to
4779	s. 1002.41; or
4780	2. The student earns a high school diploma from a non-
4781	Florida school while living with a parent or guardian who is on
4782	military or public service assignment away from Florida.
4783	Section 71. From the funds appropriated in Specific
4784	Appropriation 58D for BEST Florida teaching, $1,076,500 is
4785	hereby authorized for fiscal year 2003-2004 for the Teaching
4786	Fellows Program established in s. 1009.591, Florida Statutes.
4787	Section 72. If any provision of this act or its
4788	application to any person or circumstance is held invalid, the
4789	invalidity does not affect other provisions or applications of
4790	the act which can be given effect without the invalid provision
4791	or application, and to this end the provisions of this act are
4792	severable.
4793	Section 73. Except as otherwise provided herein, this act
4794	shall take effect July 1, 2003.
4795
4796
4797	================= T I T L E A M E N D M E N T =================
4798	Remove the entire title, and insert:
4799	A bill to be entitled
4800	An act relating to quality education; providing a popular
4801	name; amending s. 1003.01, F.S.; defining the terms "core-
4802	curricula courses" and "extracurricular courses"; amending
4803	s. 1003.03, F.S.; providing legislative intent;
4804	establishing the constitutional class size maximums;
4805	providing for the determination of averages; requiring the
4806	Department of Education to calculate averages based upon
4807	student membership surveys; providing implementation
4808	options for school districts; providing accountability for
4809	the class size reduction measures; creating s. 1011.685,
4810	F.S.; establishing an operating categorical fund for
4811	implementing class size reduction; providing for use of
4812	the funds by school districts; authorizing use of capital
4813	outlay millage; requiring reports; creating s. 1013.735,
4814	F.S.; establishing the Class Size Reduction Infrastructure
4815	Program; providing for the allocation of funds; providing
4816	requirements for district participation; providing for the
4817	use of the funds; creating s. 1013.736, F.S.; establishing
4818	the District Effort Recognition Program; providing
4819	eligibility for school district participation; providing
4820	for allocation and distribution of funds; creating s.
4821	1013.737, F.S.; establishing the Class Size Reduction
4822	Lottery Revenue Bond Program; authorizing issuance of
4823	revenue bonds to finance or refinance the construction,
4824	acquisition, reconstruction, or renovation of educational
4825	facilities; amending s. 24.121, F.S.; removing limitations
4826	on lottery revenues that may be pledged to the payment of
4827	debt service; amending s. 121.091, F.S.; authorizing
4828	instructional and administrative personnel who receive
4829	authorization to extend participation in the Deferred
4830	Retirement Option Program on an annual contractual basis;
4831	amending s. 1001.42, F.S.; eliminating a cross reference
4832	to small schools; creating s. 1002.395, F.S.; providing
4833	for Florida Learning Access Grants; providing obligations
4834	of school districts, parents, and the Department of
4835	Education; providing private school eligibility
4836	requirements; creating s. 1002.396, F.S.; providing for
4837	kindergarten grants; providing obligations of parents and
4838	the Department of Education; providing private
4839	kindergarten eligibility requirements; creating s.
4840	1002.397, F.S.; providing for K–8 virtual school grants;
4841	providing obligations of students, parents, and the
4842	Department of Education; providing K–8 virtual school
4843	eligibility requirements; amending s. 220.187, F.S.;
4844	expanding and revising the corporate income tax credit
4845	scholarship program; amending s. 1002.20, F.S., relating
4846	to parent and student rights, to conform to changes made
4847	by the act; amending s. 1002.33, F.S.; removing the cap on
4848	the number of charter schools authorized in school
4849	districts; correcting cross references; amending s.
4850	1002.41, F.S.; correcting a cross reference; amending s.
4851	1003.02, F.S.; requiring school districts to notify
4852	parents of acceleration mechanisms; eliminating a cross
4853	reference to conform to changes made by the act; creating
4854	s. 1003.429, F.S.; providing options for accelerated high
4855	school graduation; providing for a 3-year standard college
4856	preparatory program and a 3-year career preparatory
4857	program; amending s. 1003.43, F.S.; including parenting
4858	skills in the life management skills course; removing
4859	requirement that the life management skills course be
4860	taken in certain grades; amending s. 1003.436, F.S.;
4861	reducing the number of hours required for one full credit;
4862	amending s. 1007.261, F.S.; revising credit requirements
4863	for admission to state universities; amending s. 1007.27,
4864	F.S.; requiring notification to students and parents of
4865	acceleration opportunities; authorizing the State Board of
4866	Education to adopt rules concerning articulated
4867	acceleration mechanisms; requiring the State Board of
4868	Education to review and report on the use of acceleration
4869	mechanisms and grading practices, including the weighting
4870	of courses, for credit and admission; amending s. 1003.62,
4871	F.S.; deleting provisions relating to the charter school
4872	district pilot program; providing for establishment of
4873	academic performance-based charter school districts;
4874	providing for eligibility and exemption from statutes and
4875	rules; requiring annual reports; including a grandfather
4876	provision for certain pilot program charter school
4877	districts; amending s. 1011.62, F.S.; removing a date
4878	limitation to provide for categorical flexibility;
4879	providing for advertisement and reporting; amending s.
4880	1011.68, F.S.; correcting a cross reference; amending s.
4881	1011.69, F.S.; deleting obsolete provisions; revising
4882	equity in school-level funding provisions; providing that
4883	class size reduction operating categorical funds are not
4884	subject to provisions requiring equity in school-level
4885	funding; amending s. 1012.56, F.S.; revising the time
4886	period for which an official statement of status of
4887	eligibility for certification is valid; revising
4888	requirements for mastery of general knowledge, mastery of
4889	subject area knowledge, and mastery of professional
4890	preparation and education competence; revising provisions
4891	relating to temporary certificates; amending s. 1012.57,
4892	F.S.; requiring district school boards to adopt rules to
4893	allow for the issuance of adjunct teaching certificates;
4894	revising provisions relating to determination of expertise
4895	in the subject area to be taught; amending s. 1013.03,
4896	F.S.; requiring the Department of Education to review
4897	rules relating to school construction and make
4898	recommendations to the State Board of Education; amending
4899	s. 1013.31, F.S.; requiring school districts to
4900	periodically update the inventory of educational
4901	facilities; amending s. 1002.37, F.S.; revising priorities
4902	of the Florida Virtual School; providing that certain
4903	funds are internal funds; authorizing supplemental support
4904	organizations; revising administrative responsibilities
4905	regarding funding and reporting requirements for the board
4906	of trustees of the Florida Virtual School; authorizing
4907	franchise agreements; providing for funding the Florida
4908	Virtual School within the Florida Education Finance
4909	Program; providing for funding based on credit completion;
4910	providing a calculation; eliminating obsolete provisions;
4911	amending s. 1011.61, F.S.; revising definition of "full-
4912	time equivalent student" to include a Florida Virtual
4913	School student; providing for membership to exceed certain
4914	maximum days of instruction; amending s. 1013.64, F.S.;
4915	revising provisions relating to determination of
4916	allocations to school districts from the Public Education
4917	Capital Outlay and Debt Service Trust Fund; revising
4918	provisions relating to the costs per student station;
4919	authorizing a school district to exceed cost per student
4920	station requirements under certain circumstances;
4921	requiring reports; repealing ss. 1007.261(2), 1012.41,
4922	1013.21, and 1013.43, F.S., relating to credit
4923	requirements, employment of directors of career and
4924	technical education, reduction of relocatable facilities
4925	in use, and the small school requirement; amending s.
4926	216.292, F.S.; requiring the Executive Office of the
4927	Governor to transfer funds for class size reduction based
4928	on recommendations of the Florida Education Finance
4929	Program Appropriation Allocation Conference; requiring
4930	notice and review; creating s. 1000.041, F.S.; providing
4931	legislative purposes and guiding principles for BEST
4932	Florida teaching; amending s. 1001.33, F.S.; requiring
4933	cooperation to apply such guiding principles; amending s.
4934	1001.42, F.S.; requiring district school boards to provide
4935	clerical personnel or volunteers to assist teachers in
4936	noninstructional activities; requiring school district
4937	support of authority; amending ss. 1001.51 and 1001.54,
4938	F.S.; providing for cooperation and support of district
4939	school superintendents and school principals; amending s.
4940	1002.20, F.S.; providing student rights with respect to
4941	classroom orderliness; amending s. 1002.42, F.S.;
4942	correcting a cross reference; amending s. 1003.04, F.S.;
4943	requiring specified student conduct; requiring parental
4944	cooperation with school authority; amending s. 1003.31,
4945	F.S.; providing for support of the authority of teachers
4946	and bus drivers; amending s. 1003.32, F.S.; revising
4947	provisions relating to teacher authority and
4948	responsibility for control of students; designating a
4949	school placement review committee to determine placement
4950	for disruptive students; requiring reports; requiring
4951	Commissioner of Education review of success in achieving
4952	orderly classrooms and use of enforcement actions;
4953	requiring reporting of knowledge or belief of crimes of
4954	violence on school property; providing immunity; amending
4955	s. 1004.04, F.S.; revising provisions relating to state
4956	approval of teacher preparation programs; expanding State
4957	Board of Education rules establishing core curricula;
4958	requiring teacher preparation programs to incorporate
4959	certain instruction; providing for guarantee; providing
4960	for additional teacher training under certain
4961	circumstances; authorizing pay for student teacher
4962	internships; providing priority consideration for
4963	participation in teacher education pilot programs;
4964	amending ss. 1006.08 and 1006.09, F.S.; providing for
4965	district school superintendent and school principal
4966	support relating to student discipline; amending s.
4967	1009.59, F.S.; renaming and revising eligibility criteria
4968	and loan reimbursement of the Critical Teacher Shortage
4969	Student Loan Forgiveness Program; creating s. 1009.591,
4970	F.S.; creating the Teaching Fellows Program to encourage
4971	certain graduate students to enter the teaching
4972	profession; providing for stipends, signing bonuses upon
4973	employment, and waiver of tuition and fees under certain
4974	circumstances; providing repayment requirements; creating
4975	s. 1011.63, F.S.; creating a categorical fund for a salary
4976	career ladder; providing requirements to access funds;
4977	providing for allocation to school districts and use of
4978	funds; amending s. 1012.05, F.S.; requiring the Department
4979	of Education to provide for one-stop shopping for teacher
4980	career information and on-line support; authorizing use of
4981	funds to recruit and prepare teachers; creating s.
4982	1012.231, F.S.; requiring district school board plans for
4983	compensation of classroom teachers; providing for funding
4984	teacher salary career ladders based on performance;
4985	providing requirements and incentives relating to teacher
4986	assignments; amending ss. 1012.27 and 1012.28, F.S.;
4987	providing duties of district school superintendents and
4988	school principals; amending s. 1012.585, F.S.; revising
4989	certain requirements for renewal of professional
4990	certificates; correcting a cross reference; creating s.
4991	1012.586, F.S.; authorizing school districts to process
4992	certain applications via website; providing for a fee and
4993	the uses thereof; amending s. 1012.72, F.S.; expanding the
4994	Dale Hickam Excellent Teaching program to provide
4995	incentives for teachers who seek or are issued certain
4996	certification by the American Board for Certification of
4997	Teacher Excellence; restricting bonuses to certain
4998	teachers; repealing s. 1012.73, F.S., relating to the
4999	mentor teacher pilot program; amending s. 1012.98, F.S.;
5000	revising provisions relating to the School Community
5001	Professional Development Act; deleting provisions relating
5002	to recruitment, preparation, and professional development
5003	of school administrative personnel; creating s. 1012.987,
5004	F.S.; authorizing a principal leadership designation and
5005	incentives therefor; requiring a system for recruitment,
5006	preparation, and education leadership development of
5007	school administrative personnel; authorizing request of
5008	resignation of a school principal and teachers under
5009	certain circumstances; requiring district school boards to
5010	review and consider amending certain collective bargaining
5011	contracts; requiring the Commissioner of Education to
5012	conduct a survey of classroom teachers; amending ss.
5013	121.021 and 1013.35, F.S.; correcting cross references;
5014	amending s. 1013.45, F.S.; requiring a life cycle analysis
5015	when constructing or expanding educational facilities;
5016	amending s. 1009.531, F.S.; conforming provisions to
5017	changes made by the act and correcting a cross reference;
5018	authorizing an appropriation for the Teaching Fellows
5019	Program; providing for severability; providing effective
5020	dates.
5021
5022	WHEREAS, in 1998, the voters approved an amendment to
5023	Section 1, Article IX of the State Constitution that required
5024	the Legislature to establish by law a uniform, efficient, safe,
5025	secure, and high-quality system of free public schools that
5026	allows students to obtain a high-quality education, and
5027	WHEREAS, in 2002, the voters of Florida approved a further
5028	amendment to Section 1, Article IX of the State Constitution to
5029	assure that students obtain a high-quality education, and
5030	WHEREAS, the voters defined a high-quality education as, by
5031	2010, a prekindergarten through grade 3 core-curricula class
5032	size of no more than 18 students assigned to a teacher, a grade
5033	4 through grade 8 core-curricula class size of no more than 22
5034	students assigned to a teacher, and a grade 9 through grade 12
5035	core-curricula class size of no more than 25 students assigned
5036	to a teacher, and
5037	WHEREAS, the Legislature finds that a high-quality
5038	education cannot be achieved solely by small class sizes but
5039	also requires well-educated, well-trained, well-compensated, and
5040	effective classroom teachers and school administrators who
5041	maintain orderly, disciplined classrooms conducive to student
5042	learning, and
5043	WHEREAS, Section 1, Article IX of the State Constitution
5044	requires that reduced class sizes be accomplished through a
5045	system that is both efficient and uniform, and
5046	WHEREAS, the constitutional principle of efficiency
5047	includes the school districts’ use of their facilities,
5048	teachers, and other resources in the most efficient manner, and
5049	WHEREAS, the Florida Supreme Court, in considering the
5050	provisions of Amendment 9 to Section 1, Article IX of the State
5051	Constitution, found that “rather than restricting the
5052	Legislature, the proposed amendment gives the Legislature
5053	latitude in designing ways to reach the class size goal
5054	articulated in the ballot initiative, and places the obligation
5055	to ensure compliance on the Legislature,” and
5056	WHEREAS, the Legislature has chosen to focus on teacher
5057	quality and student achievement, provide clarity of goals,
5058	safeguard the efficient use of public funds, allow flexibility
5059	to reach those goals, recognize issues relating to both
5060	efficiency and equity of implementation, and require
5061	accountability to meet the standards set forth in the State
5062	Constitution, NOW, THEREFORE,
5063
5064