HB 0703 2003
1	CHAMBER ACTION
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6	The Committee on Education K-20 recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to class size reduction; providing a
12	popular name; amending s. 1003.01, F.S.; defining the
13	terms "core-curricula courses" and "extracurricular
14	courses"; amending s. 1003.03, F.S.; providing legislative
15	intent; establishing the constitutional class size
16	maximums; providing for the determination of averages;
17	requiring the Department of Education to calculate
18	averages based upon student membership surveys; providing
19	implementation options for school districts; providing
20	accountability for the class size reduction measures;
21	creating s. 1011.685, F.S.; establishing an operating
22	categorical fund for implementing class size reduction;
23	providing for the use of the funds by school districts;
24	creating s. 1013.735, F.S.; establishing the Class Size
25	Reduction Infrastructure Program; providing for the
26	allocation of funds; providing requirements for district
27	participation; providing for the use of the funds;
28	creating s. 1013.736, F.S.; establishing the District
29	Effort Recognition Program; providing eligibility for
30	school district participation; providing for calculation
31	of a district effort amount for each school district;
32	providing for allocation, distribution, and use of the
33	funds; amending s. 121.091, F.S.; authorizing
34	instructional and administrative personnel who receive
35	authorization to extend participation in the Deferred
36	Retirement Option Program; requiring the Department of
37	Management Services to request a determination from the
38	United States Internal Revenue Service; providing that the
39	changes effected by this act to the Deferred Retirement
40	Option Program are contingent upon such determination or
41	other favorable opinion; amending s. 1001.42, F.S.;
42	eliminating a cross reference to small schools; creating
43	s. 1002.395, F.S.; providing for Florida Learning Access
44	Grants; providing obligations of school districts,
45	parents, and the Department of Education; providing
46	private school eligibility requirements; creating s.
47	1002.396, F.S.; providing for kindergarten grants;
48	providing obligations of parents and the Department of
49	Education; providing private kindergarten eligibility
50	requirements; creating s. 1002.397, F.S.; providing for K–
51	8 virtual school grants; providing obligations of
52	students, parents, and the Department of Education;
53	providing K–8 virtual school eligibility requirements;
54	amending s. 220.187, F.S.; expanding and revising the
55	corporate income tax credit scholarship program; amending
56	s. 1002.20, F.S., relating to parent and student rights,
57	to conform to changes made by the act; amending s.
58	1002.33, F.S.; removing the cap on the number of charter
59	schools authorized in school districts; correcting cross
60	references; amending s. 1002.41, F.S.; correcting a cross
61	reference; amending s. 1003.02, F.S.; requiring school
62	districts to notify parents of acceleration mechanisms;
63	eliminating a cross reference to conform to changes made
64	by the act; creating s. 1003.429, F.S.; providing options
65	for accelerated high school graduation; providing for a 3-
66	year standard college preparatory program and a 3-year
67	career preparatory program; amending s. 1003.43, F.S.;
68	including parenting skills in the life management skills
69	course; removing requirement that the life management
70	skills course be taken in certain grades; amending s.
71	1003.436, F.S.; reducing the number of hours required for
72	one full credit; amending s. 1007.261, F.S.; revising
73	credit requirements for admission to state universities;
74	amending s. 1007.27, F.S.; requiring notification to
75	students and parents of acceleration opportunities;
76	authorizing the State Board of Education to adopt rules
77	concerning articulated acceleration mechanisms; requiring
78	the State Board of Education to review and report on the
79	use of acceleration mechanisms and grading practices,
80	including the weighting of courses, for credit and
81	admission; amending s. 1003.62, F.S.; deleting provisions
82	relating to the charter school district pilot program;
83	providing for establishment of academic performance-based
84	charter school districts; providing for eligibility and
85	exemption from statutes and rules; amending s. 1011.62,
86	F.S.; removing a date limitation to provide for
87	categorical flexibility; providing for advertisement and
88	reporting; amending s. 1011.68, F.S.; correcting a cross
89	reference; amending s. 1011.69, F.S.; deleting obsolete
90	provisions; revising equity in school-level funding
91	provisions; providing that class size reduction operating
92	categorical funds are not subject to provisions requiring
93	equity in school-level funding; amending s. 1013.03, F.S.;
94	requiring the Department of Education to review rules
95	relating to school construction and make recommendations
96	to the State Board of Education; amending s. 1013.31,
97	F.S.; requiring school districts to periodically update
98	the inventory of educational facilities; amending s.
99	1002.37, F.S.; revising priorities of the Florida Virtual
100	School; providing that certain funds are internal funds;
101	authorizing supplemental support organizations; revising
102	administrative responsibilities regarding funding and
103	reporting requirements for the board of trustees of the
104	Florida Virtual School; providing for funding the Florida
105	Virtual School within the Florida Education Finance
106	Program; providing for funding based on credit completion;
107	providing a calculation; eliminating obsolete provisions;
108	amending s. 1011.61, F.S.; revising definition of "full-
109	time equivalent student" to include a Florida Virtual
110	School student; providing for membership to exceed certain
111	maximum days of instruction; amending s. 1013.64, F.S.;
112	revising provisions relating to determination of
113	allocations to school districts from the Public Education
114	Capital Outlay and Debt Service Trust Fund; revising
115	provisions relating to the costs per student station;
116	repealing ss. 1007.261(2), 1012.41, and 1013.43, F.S.,
117	relating to credit requirements, employment of directors
118	of career and technical education, and the small school
119	requirement; amending s. 216.292, F.S.; requiring the
120	Executive Office of the Governor to transfer funds for
121	class size reduction based on recommendations of the
122	Florida Education Finance Program Appropriation Allocation
123	Conference; requiring notice and review; providing for
124	severability; providing effective dates.
125
126	WHEREAS, in 1998, the voters approved an amendment to
127	Section 1, Article IX of the State Constitution that required
128	the Legislature to establish by law a uniform, efficient, safe,
129	secure, and high-quality system of free public schools that
130	allows students to obtain a high-quality education, and
131	WHEREAS, in 2002, the voters of Florida approved a further
132	amendment to Section 1, Article IX of the State Constitution to
133	assure that students obtain a high-quality education, and
134	WHEREAS, the voters defined a high-quality education as, by
135	2010, a prekindergarten through grade 3 core-curricula class
136	size of no more than 18 students assigned to a teacher, a grade
137	4 through grade 8 core-curricula class size of no more than 22
138	students assigned to a teacher, and a grade 9 through grade 12
139	core-curricula class size of no more than 25 students assigned
140	to a teacher, and
141	WHEREAS, Section 1, Article IX of the State Constitution
142	requires that such reduced class sizes be accomplished through a
143	system that is both efficient and uniform, and
144	WHEREAS, the constitutional principle of efficiency
145	includes the school districts’ use of their facilities,
146	teachers, and other resources in the most efficient manner, and
147	WHEREAS, the Florida Supreme Court, in considering the
148	provisions of Amendment 9 to Section 1, Article IX of the State
149	Constitution, found that “rather than restricting the
150	Legislature, the proposed amendment gives the Legislature
151	latitude in designing ways to reach the class size goal
152	articulated in the ballot initiative, and places the obligation
153	to ensure compliance on the Legislature,” and
154	WHEREAS, the Legislature has chosen to focus on student
155	achievement, provide clarity of goals, safeguard the efficient
156	use of public funds, allow flexibility to reach those goals,
157	recognize issues relating to both efficiency and equity of
158	implementation, and require accountability to meet the standards
159	set forth in the State Constitution, NOW, THEREFORE,
160
161	Be It Enacted by the Legislature of the State of Florida:
162
163	Section 1. This act shall be known by the popular name the
164	"Class Size Reduction Act."
165	Section 2. Subsections (14) and (15) are added to section
166	1003.01, Florida Statutes, to read:
167	1003.01 Definitions.--As used in this chapter, the term:
168	(14) "Core-curricula courses" means courses defined by the
169	State Board of Education as mathematics, language arts/reading,
170	science, social studies, foreign language, English for Speakers
171	of Other Languages, or exceptional student education and courses
172	taught in traditional, self-contained elementary school
173	classrooms.
174	(15) "Extracurricular courses" means all courses that are
175	not defined as core-curricula courses. The term is limited in
176	meaning and used for the sole purpose of designating classes
177	that are not subject to the maximum class size requirements
178	established in s. 1, Art. IX of the State Constitution.
179	Section 3. Section 1003.03, Florida Statutes, is amended
180	to read:
181	(Substantial rewording of section. See
182	s. 1003.03, F.S., for present text.)
183	1003.03 Maximum class size.--
184	(1) LEGISLATIVE INTENT.--It is the intent of the
185	Legislature that s. 1, Art. IX of the State Constitution be
186	implemented in an efficient manner that preserves the choice
187	options available to parents and students. Accordingly, the
188	Legislature finds that lab schools, charter schools, the Florida
189	Virtual School, eligible K–8 virtual schools, and the Florida
190	School for the Deaf and the Blind, as well as other alternatives
191	to traditional delivery of instruction in the public schools,
192	including, but not limited to, Advanced Placement, International
193	Baccalaureate, Advanced International Certificate of Education,
194	and dual enrollment courses, are not encompassed in the
195	definition of core-curricula courses for purposes of
196	implementing s. 1, Art. IX of the State Constitution.
197	(2) CONSTITUTIONAL CLASS SIZE MAXIMUMS.--Pursuant to s. 1,
198	Art. IX of the State Constitution, beginning in the 2010-2011
199	school year:
200	(a) The maximum number of students assigned to each
201	teacher who is teaching a core-curricula course in public school
202	classrooms for prekindergarten through grade 3 may not exceed 18
203	students.
204	(b) The maximum number of students assigned to each
205	teacher who is teaching a core-curricula course in public school
206	classrooms for grades 4 through 8 may not exceed 22 students.
207	(c) The maximum number of students assigned to each
208	teacher who is teaching a core-curricula course in public school
209	classrooms for grades 9 through 12 may not exceed 25 students.
210	(3) IMPLEMENTATION.--
211	(a) Beginning with the 2003-2004 fiscal year, each school
212	district that is not in compliance with the maximums described
213	in subsection (2) shall reduce the average number of students
214	per classroom in each of the following grade groupings:
215	prekindergarten through grade 3, grade 4 through grade 8, and
216	grade 9 through grade 12, by at least two students each year.
217	(b) Determination of the average number of students per
218	classroom as described in paragraph (a) shall be calculated as
219	follows:
220	1. For fiscal years 2003-2004 through 2005-2006, the
221	calculation for compliance for each of the three grade groupings
222	shall be the average at the school district level.
223	2. For fiscal years 2006-2007 and 2007-2008, the
224	calculation for compliance for each of the three grade groupings
225	shall be the average at the school level.
226	3. For fiscal years 2008-2009, 2009-2010, and thereafter,
227	the calculation for compliance for each of the three grade
228	groupings shall be at the individual classroom level.
229	(c) The Department of Education shall annually calculate
230	each of the three average class size measures described in
231	paragraphs (a) and (b) based upon the October student membership
232	survey. For purposes of determining the baseline from which each
233	school district's average class size must be reduced for the
234	2003-2004 school year, the department shall use data from the
235	March 2003 student membership survey updated to include
236	classroom identification numbers as required by the department.
237	(d) Prior to the adoption of the school district budget
238	for 2003-2004, each district school board shall hold public
239	hearings to review school attendance zones in order to ensure
240	maximum use of facilities while minimizing the additional use of
241	transportation in order to comply with the two-student-per-year
242	reduction required in paragraph (a). School districts that meet
243	the constitutional class size maximums described in subsection
244	(2) are exempt from this requirement.
245
246	As alternatives to instruction in traditional public schools,
247	lab schools, charter schools, the Florida Virtual School,
248	eligible K–8 virtual schools, the Florida School for the Deaf
249	and the Blind, and Advanced Placement, International
250	Baccalaureate, Advanced International Certificate of Education,
251	and dual enrollment courses are not encompassed within the
252	definition of core-curricula courses in public school
253	classrooms. School districts shall make every effort to further
254	reduce exceptional student education and English for Speakers of
255	Other Languages class sizes below the class size maximums as
256	necessary to provide high-quality instruction for these special
257	needs students.
258	(4) IMPLEMENTATION OPTIONS.--District school boards must
259	consider, but are not limited to, implementing the following
260	items in order to meet the constitutional class size maximums
261	described in subsection (2) and the two-student-per-year
262	reduction required in subsection (3):
263	(a) Adopt policies to encourage qualified students to take
264	dual enrollment courses.
265	(b) Adopt policies to encourage students to take courses
266	from the Florida Virtual School and eligible K–8 virtual
267	schools.
268	(c)1. Repeal district school board policies that require
269	students to have more than 24 credits to graduate from high
270	school.
271	2. Adopt policies to allow students to graduate from high
272	school as soon as they pass the grade 10 FCAT and complete the
273	courses required for high school graduation.
274	(d) Use methods to maximize use of instructional staff,
275	such as changing required teaching loads and scheduling of
276	planning periods, deploying school district employees who have
277	professional certification to the classroom, using adjunct
278	educators, or using any other method not prohibited by law.
279	(e) Use innovative methods to reduce the cost of school
280	construction by using prototype school designs, using SMART
281	Schools designs, participating in the School Infrastructure
282	Thrift (SIT) Program, or using any other method not prohibited
283	by law.
284	(f) Use joint-use facilities through partnerships with
285	community colleges, state universities, and private colleges and
286	universities.
287	(g) Adopt alternative methods of class scheduling, such as
288	block scheduling.
289	(h) Redraw school attendance zones to maximize use of
290	facilities while minimizing the additional use of
291	transportation.
292	(i) Operate schools beyond the normal operating hours to
293	provide classes in the evening or operate more than one session
294	of school during the day.
295	(j) Use year-round schools and other nontraditional
296	calendars that do not adversely impact annual assessment of
297	student achievement.
298	(k) Review and consider amending any collective bargaining
299	contracts that hinder the implementation of class size
300	reduction.
301	(l) Provide Florida Learning Access Grants in accordance
302	with s. 1002.395.
303	(m) Use any other approach not prohibited by law.
304	(5) ACCOUNTABILITY.--
305	(a) Beginning in the 2004-2005 fiscal year, if the
306	Commissioner of Education determines for any year that a school
307	district has not reduced average class size as required in
308	subsection (3) at the time of the third FEFP calculation, the
309	department shall calculate an amount from the class size
310	reduction operating categorical that is proportionate to the
311	amount of class size reduction not accomplished. Upon
312	verification of the department's calculation by the Florida
313	Education Finance Program Appropriation Allocation Conference,
314	the Executive Office of the Governor shall transfer unencumbered
315	funds equivalent to the calculated amount from the school
316	district's class size reduction operating categorical to an
317	approved fixed capital outlay appropriation for class size
318	reduction in the affected school district pursuant to s.
319	216.292(13). The amount of unencumbered funds transferred shall
320	be the lesser of the amount verified by the Florida Education
321	Finance Program Appropriation Allocation Conference or the
322	unencumbered balance of the school district's class size
323	reduction operating categorical.
324	(b) Beginning in the 2006-2007 school year, the
325	Commissioner of Education shall determine by January 15 of each
326	year which school districts have not met the two-student-per-
327	year reduction required in subsection (3) based upon a
328	comparison of the school district's October student membership
329	survey for the current school year and the March 2003 baseline
330	student membership survey. The commissioner shall report such
331	school districts to the Legislature. Each school district that
332	has not met the two-student-per-year reduction shall be required
333	to implement one of the following policies in the subsequent
334	school year unless the commissioner finds that the school
335	district comes into compliance based upon the February student
336	membership survey:
337	1. Year-round schools;
338	2. Double sessions;
339	3. Florida Learning Access Grants, pursuant to s.
340	1002.395;
341	4. Rezoning; or
342	5. Maximizing use of instructional staff by changing
343	required teacher loads and scheduling of planning periods,
344	deploying school district employees who have professional
345	certification to the classroom, using adjunct educators,
346	operating schools beyond the normal operating hours to provide
347	classes in the evening, or operating more than one session of
348	school during the day.
349	A school district that is required to implement one of the
350	policies outlined in subparagraphs 1.-5. shall correct in the
351	year of implementation any past deficiencies and bring the
352	school district into compliance with the two-student-per-year
353	reduction requirements pursuant to subsection (3). A school
354	district may choose to implement more than one of these
355	policies. The district school superintendent shall report to the
356	Commissioner of Education the extent to which the school
357	district implemented any of the policies outlined in
358	subparagraphs 1.-5. in a format to be specified by the
359	commissioner. The commissioner shall use the enforcement
360	authority provided in s. 1008.32 to ensure that school districts
361	comply with the provisions of this paragraph.
362	(c) Beginning in the 2007-2008 school year, the
363	Commissioner of Education shall annually determine which school
364	districts do not meet the requirements described in subsection
365	(3). In addition to enforcement authority provided in s.
366	1008.32, the commissioner shall develop a constitutional
367	compliance plan for each such school district that includes, but
368	is not limited to, redrawing school attendance zones to maximize
369	use of facilities while minimizing the additional use of
370	transportation, unless the commissioner finds that the school
371	district comes into compliance based upon the February student
372	membership survey and the other accountability policies listed
373	in paragraph (b). Each district school board shall implement
374	its constitutional compliance plan developed by the commissioner
375	until the school district complies with the constitutional class
376	size maximums.
377	Section 4. Section 1011.685, Florida Statutes, is created
378	to read:
379	1011.685 Class size reduction; operating categorical
380	fund.--
381	(1) There is created an operating categorical fund for
382	implementing the class size reduction provisions of s. 1, Art.
383	IX of the State Constitution. These funds shall be allocated to
384	each school district in the amount prescribed by the Legislature
385	in the General Appropriations Act.
386	(2) Class size reduction operating categorical funds shall
387	be used by school districts for the following:
388	(a) To reduce class size in any lawful manner if the
389	school district has not met the constitutional maximums
390	identified in s. 1003.03(2) or the two-student-per-year
391	reduction required by s. 1003.03(3); however, priority should be
392	given to hiring classroom teachers as defined in s.
393	1012.01(2)(a).
394	(b) For any lawful operating expenditure if the school
395	district has met the constitutional maximums identified in s.
396	1003.03(2); however, priority should be given to increasing the
397	salary of classroom teachers as defined in s. 1012.01(2)(a).
398	Section 5. Section 1013.735, Florida Statutes, is created
399	to read:
400	1013.735 Class Size Reduction Infrastructure Program.--
401	(1) ALLOCATION.--The Department of Education shall
402	allocate funds appropriated for the Class Size Reduction
403	Infrastructure Program in the amount prescribed by the
404	Legislature in the General Appropriations Act. It is the intent
405	of the Legislature that this program be administered as nearly
406	as practicable in the same manner as the capital outlay program
407	authorized under s. 9(a), Art. XII of the State Constitution.
408	Each district school board's share of the annual appropriation
409	for the Class Size Reduction Infrastructure Program must be
410	calculated according to the following formula:
411	(a) Twenty-five percent of the appropriation shall be
412	prorated to the school districts based on each school district's
413	percentage of base capital outlay full-time equivalent
414	membership, and 65 percent shall be based on each school
415	district's percentage of growth capital outlay full-time
416	equivalent membership as specified for the allocation of funds
417	from the Public Education Capital Outlay and Debt Service Trust
418	Fund in s. 1013.64(3).
419	(b) Ten percent of the appropriation must be allocated
420	among district school boards according to the allocation formula
421	in s. 1013.64(1)(a).
422	(2) DISTRICT PARTICIPATION.--In order to participate in
423	the Class Size Reduction Infrastructure Program, a district
424	school board shall:
425	(a) Enter into an interlocal agreement pursuant to s.
426	1013.33.
427	(b) Certify that the school district's inventory of
428	facilities listed in the Florida Inventory of School Houses is
429	accurate and up to date pursuant to s. 1013.31.
430	(3) USE OF FUNDS.--In order to increase capacity to reduce
431	class size, a district school board shall expend the funds
432	received pursuant to this section only to:
433	(a) Construct, renovate, remodel, or repair educational
434	facilities that reduce class size and are in excess of funded
435	projects identified in the school district's 5-year work program
436	adopted prior to March 15, 2003; or
437	(b) Purchase or lease-purchase relocatable facilities that
438	are in excess of relocatables identified in the school
439	district's 5-year work program adopted prior to March 15, 2003.
440	Section 6. Effective upon this act becoming a law, section
441	1013.736, Florida Statutes, is created to read:
442	1013.736 District Effort Recognition Program.--
443	(1) RECOGNITION FUNDS.--From funds appropriated by the
444	Legislature, district effort recognition capital outlay grants
445	shall be made to eligible school districts in accordance with
446	the provisions of this section and the General Appropriations
447	Act. The funds appropriated in this section are not subject to
448	the provisions of s. 216.301.
449	(2) ELIGIBILITY.--Annually, the Department of Education
450	shall determine each school district's compliance with the
451	provisions of s. 1003.03 and determine the school district's
452	eligibility to receive a district effort recognition grant for
453	local school facilities projects pursuant to this section.
454	School districts shall be eligible for a district effort
455	recognition grant based upon participation in any of the
456	following:
457	(a) The school district levies a half-cent school capital
458	outlay sales surtax authorized in s. 212.055(6).
459	(b) The school district participates in the levy of the
460	local government infrastructure sales surtax authorized in s.
461	212.055(2).
462	(c) The school district levies voted millage for capital
463	outlay purposes as authorized in s. 9, Art. VII of the State
464	Constitution.
465	(3) CALCULATION OF DISTRICT EFFORT AMOUNT.--The department
466	shall annually calculate a district effort amount for each
467	school district by September 1 after each fiscal year. The total
468	amount of revenue for the prior year from each revenue levied as
469	described in subsection (2) shall be divided by the number of
470	months for which revenue was received and multiplied by the
471	number of authorized months remaining in each voter referendum.
472	The amount so determined for each revenue levied shall be
473	totaled. The Department of Revenue shall report the amount of
474	voter-approved revenue described in paragraphs (2)(a) and
475	(2)(b). The school district shall report the amount of revenue
476	described in paragraph (2)(b) identified for school district
477	fixed capital outlay in the prior fiscal year. To determine the
478	amount of revenue levied pursuant to paragraph (2)(c), the
479	school district shall annually report to the department the
480	outstanding debt service by bond series and date of maturity.
481	The total of annual debt service to maturity remaining as of
482	July 1 of each year shall be added to the other revenues levied
483	pursuant to paragraphs (2)(a) and (2)(b) in determining the
484	total district effort amount. Only the amount of voter-approved
485	revenue described in paragraph (2)(b) that has been identified
486	for school district fixed capital outlay in the prior fiscal
487	year shall be used in the calculation.
488	(4) ALLOCATION AND DISTRIBUTION OF FUNDS.--The department
489	shall allocate the annual amount of funds provided among all
490	eligible school districts based upon the school district's
491	proportion of the funds as determined pursuant to subsection
492	(3). Funds shall be distributed once a school district has
493	encumbered the funds.
494	(5) USE OF FUNDS.--School districts that do not meet the
495	constitutional class size maximums described in s. 1003.03(2)
496	must use the funds for capital outlay to reduce class size.
497	School districts that meet the constitutional class size
498	maximums may use the funds for any lawful capital outlay
499	purpose.
500	Section 7. Effective upon this act becoming a law,
501	paragraphs (a) and (b) of subsection (13) of section 121.091,
502	Florida Statutes, are amended to read:
503	121.091 Benefits payable under the system.--Benefits may
504	not be paid under this section unless the member has terminated
505	employment as provided in s. 121.021(39)(a) or begun
506	participation in the Deferred Retirement Option Program as
507	provided in subsection (13), and a proper application has been
508	filed in the manner prescribed by the department. The department
509	may cancel an application for retirement benefits when the
510	member or beneficiary fails to timely provide the information
511	and documents required by this chapter and the department's
512	rules. The department shall adopt rules establishing procedures
513	for application for retirement benefits and for the cancellation
514	of such application when the required information or documents
515	are not received.
516	(13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
517	subject to the provisions of this section, the Deferred
518	Retirement Option Program, hereinafter referred to as the DROP,
519	is a program under which an eligible member of the Florida
520	Retirement System may elect to participate, deferring receipt of
521	retirement benefits while continuing employment with his or her
522	Florida Retirement System employer. The deferred monthly
523	benefits shall accrue in the System Trust Fund on behalf of the
524	participant, plus interest compounded monthly, for the specified
525	period of the DROP participation, as provided in paragraph (c).
526	Upon termination of employment, the participant shall receive
527	the total DROP benefits and begin to receive the previously
528	determined normal retirement benefits. Participation in the DROP
529	does not guarantee employment for the specified period of DROP.
530	(a) Eligibility of member to participate in the DROP.--All
531	active Florida Retirement System members in a regularly
532	established position, and all active members of either the
533	Teachers' Retirement System established in chapter 238 or the
534	State and County Officers' and Employees' Retirement System
535	established in chapter 122 which systems are consolidated within
536	the Florida Retirement System under s. 121.011, are eligible to
537	elect participation in the DROP provided that:
538	1. The member is not a renewed member of the Florida
539	Retirement System under s. 121.122, or a member of the State
540	Community College System Optional Retirement Program under s.
541	121.051, the Senior Management Service Optional Annuity Program
542	under s. 121.055, or the optional retirement program for the
543	State University System under s. 121.35.
544	2. Except as provided in subparagraph 6., election to
545	participate is made within 12 months immediately following the
546	date on which the member first reaches normal retirement date,
547	or, for a member who reaches normal retirement date based on
548	service before he or she reaches age 62, or age 55 for Special
549	Risk Class members, election to participate may be deferred to
550	the 12 months immediately following the date the member attains
551	57, or age 52 for Special Risk Class members. For a member who
552	first reached normal retirement date or the deferred eligibility
553	date described above prior to the effective date of this
554	section, election to participate shall be made within 12 months
555	after the effective date of this section. A member who fails to
556	make an election within such 12-month limitation period shall
557	forfeit all rights to participate in the DROP. The member shall
558	advise his or her employer and the division in writing of the
559	date on which the DROP shall begin. Such beginning date may be
560	subsequent to the 12-month election period, but must be within
561	the 60-month or, with respect to members who are either
562	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
563	grades K-12 or administrative personnel as defined in s.
564	1012.01(3) in grades K-12 and who have received authorization by
565	the district school superintendent to participate in the DROP
566	for more than 60 months, the 96-monthlimitation period as
567	provided in subparagraph (b)1. When establishing eligibility of
568	the member to participate in the DROP for the 60-month or, with
569	respect to members who are either instructional personnel as
570	defined in s. 1012.01(2)(a)-(d) in grades K-12 or administrative
571	personnel as defined in s. 1012.01(3) in grades K-12 and who
572	have received authorization by the district school
573	superintendent to participate in the DROP for more than 60
574	months, the 96-monthmaximum participation period, the member
575	may elect to include or exclude any optional service credit
576	purchased by the member from the total service used to establish
577	the normal retirement date. A member with dual normal retirement
578	dates shall be eligible to elect to participate in DROP within
579	12 months after attaining normal retirement date in either
580	class.
581	3. The employer of a member electing to participate in the
582	DROP, or employers if dually employed, shall acknowledge in
583	writing to the division the date the member's participation in
584	the DROP begins and the date the member's employment and DROP
585	participation will terminate.
586	4. Simultaneous employment of a participant by additional
587	Florida Retirement System employers subsequent to the
588	commencement of participation in the DROP shall be permissible
589	provided such employers acknowledge in writing a DROP
590	termination date no later than the participant's existing
591	termination date or the 60-month limitation period as provided
592	in subparagraph (b)1.
593	5. A DROP participant may change employers while
594	participating in the DROP, subject to the following:
595	a. A change of employment must take place without a break
596	in service so that the member receives salary for each month of
597	continuous DROP participation. If a member receives no salary
598	during a month, DROP participation shall cease unless the
599	employer verifies a continuation of the employment relationship
600	for such participant pursuant to s. 121.021(39)(b).
601	b. Such participant and new employer shall notify the
602	division on forms required by the division as to the identity of
603	the new employer.
604	c. The new employer shall acknowledge, in writing, the
605	participant's DROP termination date, which may be extended but
606	not beyond the original 60-month or, with respect to members who
607	are either instructional personnel as defined in s.
608	1012.01(2)(a)-(d) in grades K-12 or administrative personnel as
609	defined in s. 1012.01(3) in grades K-12 and who have received
610	authorization by the district school superintendent to
611	participate in the DROP for more than 60 months, the 96-month
612	period provided in subparagraph (b)1., shall acknowledge
613	liability for any additional retirement contributions and
614	interest required if the participant fails to timely terminate
615	employment, and shall be subject to the adjustment required in
616	sub-subparagraph (c)5.d.
617	6. Effective July 1, 2001, for instructional personnel as
618	defined in s. 1012.01(2), election to participate in the DROP
619	shall be made at any time following the date on which the member
620	first reaches normal retirement date. The member shall advise
621	his or her employer and the division in writing of the date on
622	which the Deferred Retirement Option Program shall begin. When
623	establishing eligibility of the member to participate in the
624	DROP for the 60-month or, with respect to members who are either
625	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
626	grades K-12 or administrative personnel as defined in s.
627	1012.01(3) in grades K-12 and who have received authorization by
628	the district school superintendent to participate in the DROP
629	for more than 60 months, the 96-monthmaximum participation
630	period, as provided in subparagraph (b)1., the member may elect
631	to include or exclude any optional service credit purchased by
632	the member from the total service used to establish the normal
633	retirement date. A member with dual normal retirement dates
634	shall be eligible to elect to participate in either class.
635	(b) Participation in the DROP.--
636	1. An eligible member may elect to participate in the DROP
637	for a period not to exceed a maximum of 60 calendar months or,
638	with respect to members who are either instructional personnel
639	as defined in s. 1012.01(2)(a)-(d) in grades K-12 or
640	administrative personnel as defined in s. 1012.01(3) in grades
641	K-12 and who have received authorization by the district school
642	superintendent to participate in the DROP for more than 60
643	calendar months, a maximum of 96 calendar monthsimmediately
644	following the date on which the member first reaches his or her
645	normal retirement date or the date to which he or she is
646	eligible to defer his or her election to participate as provided
647	in subparagraph (a)2. However, a member who has reached normal
648	retirement date prior to the effective date of the DROP shall be
649	eligible to participate in the DROP for a period of time not to
650	exceed 60 calendar months or, with respect to members who are
651	either instructional personnel as defined in s. 1012.01(2)(a)-
652	(d) in grades K-12 or administrative personnel as defined in s.
653	1012.01(3) in grades K-12 and who have received authorization by
654	the district school superintendent to participate in the DROP
655	for more than 60 calendar months, 96 calendar monthsimmediately
656	following the effective date of the DROP, except a member of the
657	Special Risk Class who has reached normal retirement date prior
658	to the effective date of the DROP and whose total accrued value
659	exceeds 75 percent of average final compensation as of his or
660	her effective date of retirement shall be eligible to
661	participate in the DROP for no more than 36 calendar months
662	immediately following the effective date of the DROP.
663	2. Upon deciding to participate in the DROP, the member
664	shall submit, on forms required by the division:
665	a. A written election to participate in the DROP;
666	b. Selection of the DROP participation and termination
667	dates, which satisfy the limitations stated in paragraph (a) and
668	subparagraph 1. Such termination date shall be in a binding
669	letter of resignation with the employer, establishing a deferred
670	termination date. The member may change the termination date
671	within the limitations of subparagraph 1., but only with the
672	written approval of his or her employer;
673	c. A properly completed DROP application for service
674	retirement as provided in this section; and
675	d. Any other information required by the division.
676	3. The DROP participant shall be a retiree under the
677	Florida Retirement System for all purposes, except for paragraph
678	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
679	and 121.122. However, participation in the DROP does not alter
680	the participant's employment status and such employee shall not
681	be deemed retired from employment until his or her deferred
682	resignation is effective and termination occurs as provided in
683	s. 121.021(39).
684	4. Elected officers shall be eligible to participate in
685	the DROP subject to the following:
686	a. An elected officer who reaches normal retirement date
687	during a term of office may defer the election to participate in
688	the DROP until the next succeeding term in that office. Such
689	elected officer who exercises this option may participate in the
690	DROP for up to 60 calendar months or a period of no longer than
691	such succeeding term of office, whichever is less.
692	b. An elected or a nonelected participant may run for a
693	term of office while participating in DROP and, if elected,
694	extend the DROP termination date accordingly, except, however,
695	if such additional term of office exceeds the 60-month
696	limitation established in subparagraph 1., and the officer does
697	not resign from office within such 60-month limitation, the
698	retirement and the participant's DROP shall be null and void as
699	provided in sub-subparagraph (c)5.d.
700	c. An elected officer who is dually employed and elects to
701	participate in DROP shall be required to satisfy the definition
702	of termination within the 60-month or, with respect to members
703	who are either instructional personnel as defined in s.
704	1012.01(2)(a)-(d) in grades K-12 or administrative personnel as
705	defined in 1012.01(3) in grades K-12 and who have received
706	authorization by the district school superintendent to
707	participate in the DROP for more than 60 months, the 96-month
708	limitation period as provided in subparagraph 1. for the
709	nonelected position and may continue employment as an elected
710	officer as provided in s. 121.053. The elected officer will be
711	enrolled as a renewed member in the Elected Officers' Class or
712	the Regular Class, as provided in ss. 121.053 and 121.22, on the
713	first day of the month after termination of employment in the
714	nonelected position and termination of DROP. Distribution of the
715	DROP benefits shall be made as provided in paragraph (c).
716	Section 8. (1) The Department of Management Services
717	shall, as soon as practicable after the effective date of this
718	act, request an expedited opinion from the United States
719	Internal Revenue Service as to the qualified status of the
720	changes to the Deferred Retirement Option Program.
721	(2) The changes effected by this act to the Deferred
722	Retirement Option Program shall be contingent upon the
723	Department of Management Services receiving a favorable
724	determination letter and a favorable private letter ruling from
725	the Internal Revenue Service. If the Internal Revenue Service
726	refuses to act upon a request for a private letter ruling, then
727	a favorable legal opinion from a qualified tax attorney or firm
728	may be substituted for such private letter ruling.
729	Section 9. Subsection (20) of section 1001.42, Florida
730	Statutes, is amended to read:
731	1001.42 Powers and duties of district school board.—The
732	district school board, acting as a board, shall exercise all
733	powers and perform all duties listed below:
734	(20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
735	anonymity of students in large schools, adopt policies to
736	encourage any large school that does not meet the definition of
737	a small school, as established by s. 1013.43(2),to subdivide
738	into schools-within-a-school that shall operate within existing
739	resources in accordance with the provisions of chapter 1003.
740	Section 10. Section 1002.395, Florida Statutes, is created
741	to read:
742	1002.395 Florida Learning Access Grants.--
743	(1) POPULAR NAME.--This section shall be known by the
744	popular name the “Florida Learning Access Grants Act.”
745	(2) DISTRICT PARTICIPATION.--District school boards may
746	choose to implement the Florida Learning Access Grants program
747	as a strategy to reduce class size in their local school
748	districts pursuant to s. 1003.03(4). District school boards may
749	be required to participate in this program to reduce class size
750	if the Commissioner of Education so determines pursuant to s.
751	1003.03(5)(b).
752	(3) PARENTAL CHOICE.--The parent of any K-12 student in a
753	school district participating in the program pursuant to
754	subsection (2) who is enrolled and in attendance during the
755	October and February FTE enrollment counts in a Florida public
756	school may, for the following school year:
757	(a) Opt to have the student remain in the school in which
758	the student is enrolled; or
759	(b) Opt to request, on an annual basis, a Florida Learning
760	Access Grant to assist the parent in paying for the student’s
761	attendance at an eligible private school of the parent’s choice.
762	The grant shall be in the amount of $3,500 in 2003 dollars,
763	adjusted annually thereafter to reflect increases or decreases
764	in the Consumer Price Index, or the tuition charged by the
765	private school, whichever is less. The parent choosing a Florida
766	Learning Access Grant shall be responsible for the child's
767	transportation.
768	(4) PARTICIPATING SCHOOL DISTRICT OBLIGATIONS.--Each
769	school district participating in this program shall annually by
770	February 22, for each K-12 student eligible under subsection
771	(3), notify the parent that the school district has chosen to
772	offer Florida Learning Access Grants and provide the parent with
773	the parental choice options for the following school year as
774	provided in subsection (3).
775	(5) PARENT OBLIGATIONS.--
776	(a) The parent shall notify the school district as to
777	which of the options provided in subsection (3) the parent
778	wishes to choose.
779	1. Failure of the parent to provide notification shall
780	constitute the choice of the option provided by paragraph
781	(3)(a).
782	2. If the parent chooses the option provided by paragraph
783	(3)(b), the parent must:
784	a. Obtain acceptance for admission of the student to a
785	private school eligible under subsection (6) as soon as possible
786	and inform the private school that the student will be using a
787	Florida Learning Access Grant.
788	b. Notify the Department of Education of the parent’s
789	request for a Florida Learning Access Grant and the name and
790	address of the selected private school.
791	c. Agree to provide transportation for the student to the
792	private school if necessary.
793	d. Agree to pay any costs associated with the student’s
794	attendance at the private school that exceed the annual amount
795	of the Florida Learning Access Grant.
796	e. Agree that the education provided by the private school
797	selected shall satisfy the student’s full need for educational
798	services from the student’s school.
799	f. Ensure that the student takes a nationally normed
800	examination as determined by the private school for each grade 3
801	through 10. The results of the examination shall be provided to
802	the parent.
803	(b) After the first year of the student’s attendance at a
804	private school under the Florida Learning Access Grants program,
805	the parent must annually notify the Department of Education if
806	the parent intends to renew the grant according to the
807	provisions of subsection (8) in order for the student to
808	continue in the program, together with the name and address of
809	the private school selected for the student for the following
810	year.
811	(6) PRIVATE SCHOOL ELIGIBILITY.--Eligibility of a private
812	school shall be determined by the parental oversight and
813	accountability requirements that, coupled with the exercise of
814	parental choice, are reasonably necessary to secure the
815	educational public purpose. To be eligible to participate in the
816	Florida Learning Access Grants program, a private school must be
817	a Florida private school, may be sectarian or nonsectarian, and
818	must:
819	(a) Demonstrate fiscal soundness by being in operation for
820	1 school year or provide the Department of Education with a
821	statement by a certified public accountant confirming that the
822	private school desiring to participate is insured and the owner
823	or owners have sufficient capital or credit to operate the
824	school for the upcoming year serving the number of students
825	anticipated with expected revenues from tuition and other
826	sources that may be reasonably expected. In lieu of such a
827	statement, a surety bond or letter of credit for the amount
828	equal to the Florida Learning Access Grant funds for any school
829	year may be filed with the department.
830	(b) Notify the Department of Education and the school
831	district in the service areas in which the school is located of
832	its intent to participate in the program under this section as
833	early as possible, but no later than July 1 preceding the school
834	year in which it intends to participate. The notice shall
835	specify the grade levels and services that the private school
836	has available for the Florida Learning Access Grants program.
837	(c) Comply with the antidiscrimination provisions of 42
838	U.S.C. s. 2002d.
839	(d) Meet state and local health and safety laws and codes.
840	(e) Comply with all state statutes applicable to the
841	general regulation of private schools.
842	(f) If a Florida Learning Access Grant student’s parent so
843	requests, coordinate with the school district the locations and
844	times for the student to take all statewide assessments pursuant
845	to s. 1008.22.
846	(7) INITIAL FLORIDA LEARNING ACCESS GRANTS.--
847	(a) Initial Florida Learning Access Grants shall be
848	offered on a first-come, first-served basis.
849	(b) The number of initial Florida Learning Access Grants
850	to be awarded shall be determined annually by the Department of
851	Education based upon the department’s determination of the
852	number that would be necessary to reduce class size to meet the
853	school district’s two-student-per-year reduction requirements
854	pursuant to s. 1003.03(3) or to meet the constitutional class
855	size maximums described in s. 1003.03(2). However, district
856	school boards may authorize more Florida Learning Access Grants
857	than the number established by the department.
858	(8) FLORIDA LEARNING ACCESS GRANT RENEWAL.--For purposes
859	of educational continuity and parental choice, a Florida
860	Learning Access Grant, once awarded, shall be renewable for as
861	long as the parent is a Florida resident who opts for
862	continuation of the grant for the student and the student
863	lawfully attends an eligible private school through grade 12 or
864	until the student graduates from high school. The Florida
865	Learning Access Grant may be transferred from one eligible
866	private school to another upon the school’s acceptance of the
867	student and the parent’s provision of adequate notice to the
868	Department of Education. A parent may, however, at any time opt
869	to return the student to the public school.
870	(9) FLORIDA LEARNING ACCESS GRANT DISBURSEMENT.--Upon
871	proper documentation reviewed and approved by the Department of
872	Education, the Chief Financial Officer shall make Florida
873	Learning Access Grant payments in four equal amounts no later
874	than September 1, November 1, February 1, and April 1 of each
875	academic year. The initial payment shall be made after
876	Department of Education verification of admission acceptance,
877	and subsequent payments shall be made upon verification of the
878	student’s continued enrollment and attendance at the private
879	school. Payment must be by individual warrant made payable to
880	the student’s parent and mailed by the Department of Education
881	to the private school of the parent’s choice, and the parent
882	shall restrictively endorse the warrant to the private school.
883	(10) LIABILITY.--No liability shall arise on the part of
884	the state based on the award or use of any Florida Learning
885	Access Grant.
886	(11) DEPARTMENT OF EDUCATION OBLIGATIONS.--
887	(a)1. Upon notification of the number of students whose
888	parents have opted to request initial Florida Learning Access
889	Grants, the Department of Education shall transfer from general
890	revenue funds appropriated to the school district the total
891	amount of annual $3,500 grants for the school district’s
892	students from the Florida Education Finance Program to a
893	separate account for the disbursement of the initial Florida
894	Learning Access Grants.
895	2. The Department of Education shall, in its annual
896	budget, provide for Florida Learning Access Grants for parents
897	who wish their children to continue participation in the Florida
898	Learning Access Grants program beyond the initial year of
899	participation.
900	(b) The Department of Education shall administer the
901	Florida Learning Access Grants program, and the State Board of
902	Education may adopt rules pursuant ss. 120.536(1) and 120.54 to
903	implement the provisions of this section. However, the inclusion
904	of eligible private schools within options available to Florida
905	public school students does not expand the regulatory authority
906	of the state, its officers, or any school district to impose any
907	additional regulations on private schools beyond those
908	reasonably necessary to enforce requirements expressly set forth
909	in this section.
910	Section 11. Section 1002.396, Florida Statutes, is created
911	to read:
912	1002.396 Kindergarten grants program.--
913	(1) LEGISLATIVE INTENT; KINDERGARTEN GRANTS PROGRAM.-—
914	Recognizing the importance of each child having the best
915	possible foundation for his or her success in school, it is the
916	intent of the Legislature that the parents of a child who will
917	have attained the age of 5 years on or before September 1 of the
918	school year or who is otherwise eligible to attend kindergarten
919	in a Florida public school be given the option:
920	(a) To enroll the child in and transport the child to
921	kindergarten in any public school within the school district
922	other than the school to which the child is assigned; or
923	(b) To receive a kindergarten grant to enroll the child in
924	an eligible private kindergarten of the parent's choice. The
925	grant shall be in the amount of $3,500 in 2003 dollars, adjusted
926	annually thereafter to reflect increases or decreases in the
927	Consumer Price Index, or the tuition charged by the private
928	kindergarten, whichever is less. The parent choosing a
929	kindergarten grant shall be responsible for the child's
930	transportation.
931	(2) PARENT OBLIGATIONS.--
932	(a) The parent choosing to participate in the kindergarten
933	grants program shall notify the school district as to which of
934	the options provided in subsection (1) the parent wishes to
935	choose.
936	(b) If the parent chooses the option provided in paragraph
937	(1)(a), the parent shall inform the school district by May 1
938	which public school the parent has selected, and the parent
939	shall agree to provide any necessary transportation to the
940	selected public school.
941	(c) If the parent chooses the option provided in paragraph
942	(1)(b), the parent shall:
943	1. Obtain acceptance for admission of the child to a
944	private kindergarten eligible under subsection (3) as soon as
945	possible and inform the private kindergarten that the child will
946	be using a kindergarten grant.
947	2. Notify the Department of Education by July 1 of the
948	parent's request for a kindergarten grant and the name and
949	address of the selected private kindergarten.
950	3. Agree to provide any necessary transportation for the
951	child to the selected private kindergarten.
952	4. Agree to pay any costs associated with the child's
953	attendance at the private kindergarten that exceed the amount of
954	the kindergarten grant.
955	(3) PRIVATE KINDERGARTEN ELIGIBILITY.--Eligibility of a
956	private kindergarten shall be determined by the parental
957	oversight and accountability requirements that, coupled with the
958	exercise of parental choice, are reasonably necessary to secure
959	the educational public purpose. To be eligible to participate in
960	the kindergarten grants program, a kindergarten must be a
961	Florida private kindergarten, may be sectarian or nonsectarian,
962	and must:
963	(a) Demonstrate fiscal soundness by being in operation for
964	1 school year or provide the Department of Education with a
965	statement by a certified public accountant confirming that the
966	private kindergarten desiring to participate is insured and the
967	owner or owners have sufficient capital or credit to operate the
968	kindergarten for the upcoming year serving the number of
969	students anticipated with expected revenues from tuition and
970	other sources that may be reasonably expected. In lieu of such a
971	statement, a surety bond or letter of credit for the amount
972	equal to the kindergarten grants funds for any school year may
973	be filed with the department.
974	(b) Notify the Department of Education and the school
975	district in the service area in which the kindergarten is
976	located of its intent to participate in the program under this
977	section as early as possible, but no later than July 1 preceding
978	the school year in which it intends to participate.
979	(c) Comply with the antidiscrimination provisions of 42
980	U.S.C. s. 2000d.
981	(d) Meet state and local health and safety laws and codes.
982	(e) Comply with all state statutes applicable to the
983	general regulation of private schools.
984	(4) KINDERGARTEN GRANT DISBURSEMENT.--Upon proper
985	documentation reviewed and approved by the Department of
986	Education, the Chief Financial Officer shall make kindergarten
987	grant payments in four equal amounts no later than September 1,
988	November 1, February 1, and April 1 of each academic year. The
989	initial payment shall be made after Department of Education
990	verification of admission acceptance, and subsequent payments
991	shall be made upon verification of the student's continued
992	enrollment and attendance at the private kindergarten. Payment
993	must be by individual warrant made payable to the student's
994	parent and mailed by the Department of Education to the private
995	kindergarten of the parent's choice, and the parent shall
996	restrictively endorse the warrant to the private kindergarten.
997	(5) LIABILITY.--No liability shall arise on the part of
998	the state based on the award or use of any kindergarten grant.
999	(6) DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
1000	of Education shall administer the kindergarten grants program
1001	and may adopt rules pursuant to ss. 120.536(1) and 120.54 to
1002	implement the provisions of this section. However, the inclusion
1003	of eligible private schools within options available to Florida
1004	public school students does not expand the regulatory authority
1005	of the state, its officers, or any school district to impose any
1006	additional regulations on private schools beyond those
1007	reasonably necessary to enforce requirements expressly set forth
1008	in this section.
1009	Section 12. Section 1002.397, Florida Statutes, is created
1010	to read:
1011	1002.397 K-8 Virtual School Grants Program.--
1012	(1) K-8 VIRTUAL SCHOOL GRANTS PROGRAM.--Parents of a
1013	student who is eligible to attend kindergarten or grade 1, 2, 3,
1014	4, 5, 6, 7, or 8 and was enrolled and in attendance at a Florida
1015	public school during the October and February FTE enrollment
1016	counts or is entering kindergarten or first grade and has been
1017	assigned to a specific Florida public school shall be given the
1018	option to enroll the student in an eligible K-8 virtual school
1019	of the parent’s choice. The student shall be enrolled as a full-
1020	time student. The student shall be eligible for a virtual school
1021	grant in the amount of $3,500 in 2003 dollars, adjusted annually
1022	thereafter to reflect increases or decreases in the Consumer
1023	Price Index, or the tuition charged by the eligible K-8 virtual
1024	school, whichever is less. Students who have scored Level 1 on
1025	the Florida Comprehensive Assessment Test or have been retained
1026	shall be given priority.
1027	(2) STUDENT AND PARENT OBLIGATIONS.--
1028	(a) The parent of an eligible student choosing to
1029	participate in the K-8 Virtual School Grants Program shall
1030	notify the school district of the parent’s desire for the
1031	student to participate in the grants program.
1032	(b) The parent shall:
1033	1. Obtain acceptance for admission of the student to an
1034	eligible K-8 virtual school and inform the virtual school that
1035	the child will be using a virtual school grant.
1036	2. Notify the Department of Education by July 1 of the
1037	parent’s request for a K-8 virtual school grant and the name and
1038	address of the selected virtual school.
1039	3. Agree to pay any costs, including any transportation,
1040	associated with the child’s attendance at the K-8 virtual school
1041	that exceed the amount of the K-8 virtual school grant.
1042	(c) Each parent shall serve as, or provide, an onsite
1043	mentor or facilitator at the site where the student is
1044	physically located.
1045	(d) Each student shall have access to a singular,
1046	consistent curriculum that meets or exceeds the Sunshine State
1047	Standards and that has an interactive program with significant
1048	on-line components. Nothing in this section, however, shall
1049	prohibit a student from working at a different grade level in a
1050	subject within the singular curriculum.
1051	(e) Each student enrolled in an approved K-8 virtual
1052	school shall be a full-time student. Enrolled students must take
1053	all language arts, mathematics, science, history, and required
1054	courses for the grade level in which the student is enrolled.
1055	(f) Each student enrolled in an approved K-8 virtual
1056	school in grades 3, 4, 5, 6, 7, and 8 shall participate in the
1057	Florida Comprehensive Assessment Test (FCAT) in accordance with
1058	the requirement of s. 1008.22. Students in grades that are not
1059	required to take the FCAT shall participate in local assessments
1060	and in the K-3 state-approved assessment for reading adopted by
1061	Just Read Florida.
1062	(3) K-8 VIRTUAL SCHOOL ELIGIBILITY.--As used in this
1063	section, a “K-8 virtual school” means an independent public
1064	school that uses on-line and distance learning technology in
1065	order to deliver instruction to students in kindergarten and
1066	grades 1 through 8. Eligibility of a K-8 virtual school to
1067	participate in the K-8 Virtual School Grants Program shall be
1068	determined by the State Board of Education. To be eligible to
1069	participate in the program, a K-8 virtual school must:
1070	(a) Demonstrate fiscal soundness by being in operation for
1071	at least 1 school year or provide the Department of Education
1072	with a statement by a certified public accountant confirming
1073	that the K-8 virtual school desiring to participate is insured
1074	and the owner or owners have sufficient capital or credit to
1075	operate the school for the upcoming year serving the number of
1076	students anticipated with expected revenues from tuition and
1077	other sources that may be reasonably expected. In lieu of such a
1078	statement, a surety bond or letter of credit for the amount
1079	equal to the K-8 virtual school grants funds for any school year
1080	may be filed with the department.
1081	(b) Notify the Department of Education of its intent to
1082	participate in the program under this section as early as
1083	possible, but no later than July 1 preceding the school year in
1084	which it intends to participate.
1085	(c) Comply with the antidiscrimination provisions of 42
1086	U.S.C. s. 2000d.
1087	(d) Submit to the State Board of Education forecasted
1088	enrollment, actual enrollments, and grade completions for the K-
1089	8 virtual school according to procedures established by the
1090	State Board of Education. At a minimum, such procedures must
1091	include the number of students served by grade and by county of
1092	residence.
1093	(e) Provide, free of charge, instructional materials, a
1094	computer, and a printer used for schoolwork for each student
1095	enrolled for as long as the student is enrolled. Nothing in this
1096	section prevents students from using their own computers or
1097	printers. If a student does not have an existing Internet
1098	connection, the K-8 virtual school shall provide an Internet
1099	connection.
1100	(f) Conform all curriculum and course content to the
1101	Sunshine State Standards. All reading and other content area
1102	strategies shall be based on scientific research.
1103	(g) Administer the Florida Comprehensive Assessment Test
1104	(FCAT) in accordance with ss. 1008.22, 1008.23, and 1008.24 or,
1105	for those students in grades that are not required to take the
1106	FCAT, local assessments and the K-3 state-approved assessment
1107	for reading adopted by Just Read Florida.
1108	(h) Employ on-line teachers who are certified in Florida,
1109	residents of Florida, and employed on a full-time basis. All on-
1110	line teachers shall meet with each student at least once per
1111	month during each school semester, either face-to-face at the
1112	school facility or another mutually agreed upon location or via
1113	telephone. On-line teachers shall be available to students,
1114	parents, and onsite mentors and facilitators on a schedule
1115	equivalent to that of a normal public school day and normal
1116	public school calendar for each K-8 virtual school student's
1117	public school district in a variety of ways, including, but not
1118	limited to, telephone and electronic mail.
1119	(i) Maintain an administrative office, which shall be
1120	considered its principal place of business within the state.
1121	(4) K-8 VIRTUAL SCHOOL GRANT DISBURSEMENT.--Upon proper
1122	documentation reviewed and approved by the Department of
1123	Education, the Chief Financial Officer shall make K-8 virtual
1124	school grant payments in four equal amounts no later than
1125	September 1, November 1, February 1, and April 1 of each
1126	academic year. The initial payment shall be made after
1127	Department of Education verification of admission acceptance,
1128	and subsequent payments shall be made upon verification of the
1129	student’s continued enrollment. Payment must be by individual
1130	warrant made payable to the student’s parent and mailed by the
1131	Department of Education to the K-8 virtual school of the
1132	parent’s choice, and the parent shall restrictively endorse the
1133	warrant to the virtual school.
1134	(5) LIABILITY.–-No liability shall arise on the part of
1135	the state based on the award or use of any K-8 virtual school
1136	grant.
1137	(6) DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
1138	of Education shall administer the K-8 Virtual School Grants
1139	Program.
1140	(a) The department may approve one or more K-8 virtual
1141	schools for the purpose of delivering K-8 on-line and distance
1142	learning education.
1143	(b) The department shall monitor each K-8 virtual school’s
1144	performance and annually evaluate each K-8 virtual school based
1145	on the following criteria:
1146	1. The extent to which the school demonstrates increases
1147	in student achievement according to the goals of the Sunshine
1148	State Standards.
1149	2. Student achievement data from the Florida Comprehensive
1150	Assessment Test (FCAT) for grades 3 through 8. The school shall
1151	be assigned a school performance grade under the school grading
1152	system. For those students in kindergarten and grades 1 and 2
1153	who are not required to take the FCAT, student achievement data
1154	shall be from local assessments and the K-3 state-approved
1155	assessment for reading adopted by Just Read Florida.
1156	3. Grade completion rate, based upon the goals of a 70-
1157	percent completion rate, with 80 percent of those completing
1158	grades scoring at Level 3 or higher on the FCAT or at least
1159	satisfactory on the K-3 assessment.
1160	4. Parent satisfaction rate, based upon the goal of 80
1161	percent of parents of participating students indicating
1162	satisfaction with the school.
1163	5. The accountability and viability of the K-8 virtual
1164	school as demonstrated by its academic, fiscal, and operational
1165	performance.
1166
1167	The Department of Education shall report each K-8 virtual
1168	school’s performance to the State Board of Education, the
1169	President of the Senate, and the Speaker of the House of
1170	Representatives.
1171	(7) RULEMAKING.--The State Board of Education may adopt
1172	rules in accordance with ss. 120.536(1) and 120.54 as necessary
1173	to implement this section, including reporting requirements for
1174	K-8 virtual schools operating pursuant to this section.
1175	Section 13. Paragraph (b) of subsection (2), paragraph (b)
1176	of subsection (3), and paragraphs (c) and (e) of subsection (4)
1177	of section 220.187, Florida Statues, are amended to read:
1178	220.187 Credits for contributions to nonprofit
1179	scholarship-funding organizations.--
1180	(2) DEFINITIONS.-- As used in this section, the term:
1181	(b) "Eligible contribution" means a monetary contribution
1182	from a taxpayer, subject to the restrictions provided in this
1183	section, to an eligible nonprofit scholarship-funding
1184	organization. The taxpayer making the contribution may not
1185	designate a specific child as the beneficiary of the
1186	contribution. The taxpayer may not contribute more than $5
1187	million in 2003 dollars, adjusted annually thereafter to reflect
1188	increases or decreases in the Consumer Price Index,to any
1189	single eligible nonprofit scholarship-funding organization.
1190	(3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
1191	CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.—
1192	(b) The total amount of tax credit which may be granted
1193	each state fiscal year under this section is $100$50 million in
1194	2003 dollars, adjusted annually thereafter to reflect increases
1195	or decreases in the Consumer Price Index.
1196	(4) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
1197	ORGANIZATIONS.--
1198	(c) The amount of a scholarship provided to any child for
1199	any single school year by all eligible nonprofit scholarship-
1200	funding organizations from eligible contributions shall not
1201	exceed the following annual limits:
1202	1. Three thousand five hundred dollars in 2003 dollars,
1203	adjusted annually thereafter to reflect increases or decreases
1204	in the Consumer Price Index,for a scholarship awarded to a
1205	student enrolled in an eligible nonpublic school.
1206	2. Five hundred dollars in 2003 dollars, adjusted annually
1207	thereafter to reflect increases or decreases in the Consumer
1208	Price Index,for a scholarship awarded to a student enrolled in
1209	a Florida public school that is located outside the district in
1210	which the student resides.
1211	(e) An eligible nonprofit scholarship-funding organization
1212	that receives an eligible contribution must spend 100 percent of
1213	the eligible contribution to provide scholarships within 6
1214	months after the date the contribution was received orin the
1215	same state fiscal year in which the contribution was received,
1216	whichever is later. No portion of eligible contributions may be
1217	used for administrative expenses. All interest accrued from
1218	contributions must be used for scholarships.
1219	Section 14. Paragraph (b) of subsection (2) and paragraph
1220	(a) of subsection (6) of section 1002.20, Florida Statutes, are
1221	amended to read:
1222	1002.20 K-12 student and parent rights.—K-12 students and
1223	their parents are afforded numerous statutory rights including,
1224	but not limited to, the following:
1225	(2) ATTENDANCE.--
1226	(b) Regular school attendance.--Parents of students who
1227	have attained the age of 6 years by February 1 of any school
1228	year but who have not attained the age of 16 years must comply
1229	with the compulsory school attendance laws. Parents have the
1230	option to comply with the school attendance laws by attendance
1231	of the student in a public school, including the Florida Virtual
1232	School operating pursuant to s. 1002.37; a parochial, religious,
1233	or denominational school; a private school; a home education
1234	program; a K-8 virtual school operating pursuant to s. 1002.397;
1235	or a private tutoring program, in accordance with the provisions
1236	of s. 1003.01(13)(14).
1237	(6) EDUCATIONAL CHOICE.--
1238	(a) Public school choices.--Parents of public school
1239	students may seek whatever public school choice options that are
1240	applicable to their students and are available to students in
1241	their school districts. These options may include controlled
1242	open enrollment, lab schools, charter schools, charter technical
1243	career centers, magnet schools, alternative schools, special
1244	programs, advanced placement, dual enrollment, International
1245	Baccalaureate, early admissions, credit by examination or
1246	demonstration of competency, the New World School of the Arts,
1247	the Florida School for the Deaf and the Blind, andthe Florida
1248	Virtual School, and K-8 virtual schools operating pursuant to s.
1249	1002.397. These options may also include the public school
1250	choice options of the Opportunity Scholarship Program and the
1251	McKay Scholarships for Students with Disabilities Program.
1252	Section 15. Subsection (13) of section 1002.33, Florida
1253	Statutes, is repealed, subsections (14) through (26) are
1254	renumbered as subsections (13) through (25), respectively, and
1255	paragraph (e) of subsection (10) and paragraph (a) of present
1256	subsection (21) of said section are amended to read:
1257	1002.33 Charter schools.--
1258	(10) ELIGIBLE STUDENTS.--
1259	(e) A charter school may limit the enrollment process only
1260	to target the following student populations:
1261	1. Students within specific age groups or grade levels.
1262	2. Students considered at risk of dropping out of school
1263	or academic failure. Such students shall include exceptional
1264	education students.
1265	3. Students enrolling in a charter school-in-the-workplace
1266	or charter school-in-a-municipality established pursuant to
1267	subsection (15)(16).
1268	4. Students residing within a reasonable distance of the
1269	charter school, as described in paragraph (20)(21)(c). Such
1270	students shall be subject to a random lottery and to the
1271	racial/ethnic balance provisions described in subparagraph
1272	(7)(a)8. or any federal provisions that require a school to
1273	achieve a racial/ethnic balance reflective of the community it
1274	serves or within the racial/ethnic range of other public schools
1275	in the same school district.
1276	5. Students who meet reasonable academic, artistic, or
1277	other eligibility standards established by the charter school
1278	and included in the charter school application and charter or,
1279	in the case of existing charter schools, standards that are
1280	consistent with the school's mission and purpose. Such standards
1281	shall be in accordance with current state law and practice in
1282	public schools and may not discriminate against otherwise
1283	qualified individuals.
1284	6. Students articulating from one charter school to
1285	another pursuant to an articulation agreement between the
1286	charter schools that has been approved by the sponsor.
1287	(13) NUMBER OF SCHOOLS.--
1288	(a) The number of newly created charter schools is limited
1289	to no more than 28 in each school district that has 100,000 or
1290	more students, no more than 20 in each school district that has
1291	50,000 to 99,999 students, and no more than 12 in each school
1292	district with fewer than 50,000 students.
1293	(b) An existing public school which converts to a charter
1294	school shall not be counted toward the limit established by
1295	paragraph (a).
1296	(c) Notwithstanding any limit established by this
1297	subsection, a district school board or a charter school
1298	applicant shall have the right to request an increase of the
1299	limit on the number of charter schools authorized to be
1300	established within the district from the State Board of
1301	Education.
1302	(d) Whenever a municipality has submitted charter
1303	applications for the establishment of a charter school feeder
1304	pattern (elementary, middle, and senior high schools), and upon
1305	approval of each individual charter application by the district
1306	school board, such applications shall then be designated as one
1307	charter school for all purposes listed pursuant to this section.
1308	(20)(21)SERVICES.--
1309	(a) A sponsor shall provide certain administrative and
1310	educational services to charter schools. These services shall
1311	include contract management services, full-time equivalent and
1312	data reporting services, exceptional student education
1313	administration services, test administration services,
1314	processing of teacher certificate data services, and information
1315	services. Any administrative fee charged by the sponsor for the
1316	provision of services shall be limited to 5 percent of the
1317	available funds defined in paragraph (17)(18)(b).
1318	Section 16. Subsection (6) of section 1002.41, Florida
1319	Statutes, is amended to read:
1320	1002.41 Home education programs.--
1321	(6) Home education students may participate in dual
1322	enrollment programs in accordance with the provisions of ss.
1323	1007.27(5)(4)and 1007.271(10).
1324	Section 17. Paragraph (i) is added to subsection (1) of
1325	section 1003.02, Florida Statutes, and subsection (4) of said
1326	section is amended, to read:
1327	1003.02 District school board operation and control of
1328	public K-12 education within the school district.--As provided
1329	in part II of chapter 1001, district school boards are
1330	constitutionally and statutorily charged with the operation and
1331	control of public K-12 education within their school district.
1332	The district school boards must establish, organize, and operate
1333	their public K-12 schools and educational programs, employees,
1334	and facilities. Their responsibilities include staff
1335	development, public K-12 school student education including
1336	education for exceptional students and students in juvenile
1337	justice programs, special programs, adult education programs,
1338	and career and technical education programs. Additionally,
1339	district school boards must:
1340	(1) Provide for the proper accounting for all students of
1341	school age, for the attendance and control of students at
1342	school, and for proper attention to health, safety, and other
1343	matters relating to the welfare of students in the following
1344	fields:
1345	(i) Parental notification of acceleration mechanisms.--At
1346	the beginning of each school year, notify parents of students in
1347	or entering high school of the opportunity and benefits of
1348	Advanced Placement, International Baccalaureate, Advanced
1349	International Certificate of Education, dual enrollment, and
1350	Florida Virtual School courses.
1351	(4) For any school within the district that is not in
1352	compliance with the small school size requirements of chapter
1353	1013,In order to reduce the anonymity of students in large
1354	schools, adopt policies that encourage subdivision of the school
1355	into schools-within-a-school, which shall operate within
1356	existing resources. A "school-within-a-school" means an
1357	operational program that uses flexible scheduling, team
1358	planning, and curricular and instructional innovation to
1359	organize groups of students with groups of teachers as smaller
1360	units, so as to functionally operate as a smaller school.
1361	Examples of this include, but are not limited to:
1362	(a) An organizational arrangement assigning both students
1363	and teachers to smaller units in which the students take some or
1364	all of their coursework with their fellow grouped students and
1365	from the teachers assigned to the smaller unit. A unit may be
1366	grouped together for 1 year or on a vertical, multiyear basis.
1367	(b) An organizational arrangement similar to that
1368	described in paragraph (a) with additional variations in
1369	instruction and curriculum. The smaller unit usually seeks to
1370	maintain a program different from that of the larger school, or
1371	of other smaller units. It may be vertically organized, but is
1372	dependent upon the school principal for its existence, budget,
1373	and staff.
1374	(c) A separate and autonomous smaller unit formally
1375	authorized by the district school board or district school
1376	superintendent. The smaller unit plans and runs its own program,
1377	has its own staff and students, and receives its own separate
1378	budget. The smaller unit must negotiate the use of common space
1379	with the larger school and defer to the building principal on
1380	matters of safety and building operation.
1381	Section 18. Section 1003.429, Florida Statutes, is created
1382	to read:
1383	1003.429 Accelerated high school graduation options.--
1384	(1) Beginning with the 2003-2004 school year, all students
1385	scheduled to graduate in 2004 and thereafter shall select one of
1386	the following three high school graduation options:
1387	(a) Completion of the general requirements for high school
1388	graduation pursuant to s. 1003.43;
1389	(b) Completion of a 3-year standard college preparatory
1390	program requiring successful completion of a minimum of 18
1391	academic credits in grades 9 through 12. The 18 credits shall
1392	be primary requirements and shall be distributed as follows:
1393	1. Four credits in English, with major concentration in
1394	composition and literature;
1395	2. Three credits in mathematics at the Algebra I level or
1396	higher from the list of courses that qualify for state
1397	university admission;
1398	3. Three credits in natural science, two of which must
1399	have a laboratory component;
1400	4. Three credits in social sciences;
1401	5. Two credits in the same second language unless the
1402	student is a native speaker of or can otherwise demonstrate
1403	competency in a language other than English. If the student
1404	demonstrates competency in another language, the student may
1405	replace the language requirement with two credits in other
1406	academic courses; and
1407	6. Three credits in electives; or
1408	(c) Completion of a 3-year career preparatory program
1409	requiring successful completion of a minimum of 18 academic
1410	credits in grades 9 through 12. The 18 credits shall be primary
1411	requirements and shall be distributed as follows:
1412	1. Four credits in English, with major concentration in
1413	composition and literature;
1414	2. Three credits in mathematics, one of which must be
1415	Algebra I;
1416	3. Three credits in natural science, two of which must
1417	have a laboratory component;
1418	4. Three credits in social sciences;
1419	5. Two credits in the same second language unless the
1420	student is a native speaker of or can otherwise demonstrate
1421	competency in a language other than English. If the student
1422	demonstrates competency in another language, the student may
1423	replace the language requirement with two credits in other
1424	academic courses; and
1425	6. Three credits in electives.
1426	(2) Beginning with the 2003-2004 school year, each
1427	district school board shall provide each student in grades 6
1428	through 12 and their parents with the 3-year and 4-year high
1429	school graduation options listed in subsection (1) with
1430	curriculum for the students and parents to select the
1431	postsecondary education or career plan that best fits their
1432	needs. The options shall include a timeframe for achieving each
1433	graduation option.
1434	(3) Selection of one of the graduation options listed in
1435	subsection (1) is exclusively up to the student and parent. If
1436	the student and parent fail to select a graduation option, the
1437	student shall be considered to have selected the general
1438	requirements for high school graduation pursuant to paragraph
1439	(1)(a).
1440	(4) District school boards shall not establish
1441	requirements for accelerated 3-year high school graduation
1442	options in excess of the requirements in paragraphs (1)(b) and
1443	(1)(c).
1444	(5) Students pursuing accelerated 3-year high school
1445	graduation options pursuant to paragraph (1)(b) or paragraph
1446	(1)(c) are required to:
1447	(a) Earn passing scores on the FCAT as defined in s.
1448	1008.22(3)(c).
1449	(b) Achieve a cumulative grade point average of 2.0 on a
1450	4.0 scale, or its equivalent, in the courses required by the
1451	chosen accelerated 3-year high school graduation option pursuant
1452	to paragraph (1)(b) or paragraph (1)(c).
1453	(6) A student who meets all requirements prescribed in
1454	subsections (1) and (5) shall be awarded a standard diploma in a
1455	form prescribed by the State Board of Education.
1456	Section 19. Paragraph (i) of subsection (1) of section
1457	1003.43, Florida Statutes, is amended to read:
1458	1003.43 General requirements for high school graduation.—
1459	(1) Graduation requires successful completion of either a
1460	minimum of 24 academic credits in grades 9 through 12 or an
1461	International Baccalaureate curriculum. The 24 credits shall be
1462	distributed as follows:
1463	(i) One-half credit in life management skills to include
1464	consumer education, positive emotional development, marriage and
1465	relationship skill-based education, nutrition, parenting skills,
1466	prevention of human immunodeficiency virus infection and
1467	acquired immune deficiency syndrome and other sexually
1468	transmissible diseases, benefits of sexual abstinence and
1469	consequences of teenage pregnancy, information and instruction
1470	on breast cancer detection and breast self-examination,
1471	cardiopulmonary resuscitation, drug education, and the hazards
1472	of smoking. Such credit shall be given for a course to be taken
1473	by all students in either the 9th or 10th grade.
1474	District school boards may award a maximum of one-half credit in
1475	social studies and one-half elective credit for student
1476	completion of nonpaid voluntary community or school service
1477	work. Students choosing this option must complete a minimum of
1478	75 hours of service in order to earn the one-half credit in
1479	either category of instruction. Credit may not be earned for
1480	service provided as a result of court action. District school
1481	boards that approve the award of credit for student volunteer
1482	service shall develop guidelines regarding the award of the
1483	credit, and school principals are responsible for approving
1484	specific volunteer activities. A course designated in the Course
1485	Code Directory as grade 9 through grade 12 that is taken below
1486	the 9th grade may be used to satisfy high school graduation
1487	requirements or Florida Academic Scholars award requirements as
1488	specified in a district school board's student progression plan.
1489	A student shall be granted credit toward meeting the
1490	requirements of this subsection for equivalent courses, as
1491	identified pursuant to s. 1007.271(6), taken through dual
1492	enrollment.
1493	Section 20. Paragraph (a) of subsection (1) of section
1494	1003.436, Florida Statutes, is amended to read:
1495	1003.436 Definition of "credit".--
1496	(1)(a) For the purposes of requirements for high school
1497	graduation, one full credit means a minimum of 120135hours of
1498	bona fide instruction in a designated course of study that
1499	contains student performance standards. A student may be awarded
1500	a credit for less than 120 hours of classroom instruction based
1501	on documented mastery of course requirements and Sunshine State
1502	Standards with approval by the district school board.The State
1503	Board of Education shall determine the number of postsecondary
1504	credit hours earned through dual enrollment pursuant to s.
1505	1007.271 that satisfy the requirements of a district's
1506	interinstitutional articulation agreement according to s.
1507	1007.235 and that equal one full credit of the equivalent high
1508	school course identified pursuant to s. 1007.271(6).
1509	Section 21. Paragraphs (a) and (b) of subsection (1) of
1510	section 1007.261, Florida Statutes, are amended to read:
1511	1007.261 State universities; admissions of students.--Each
1512	university board of trustees is authorized to adopt rules
1513	governing the admission of students, subject to this section and
1514	rules of the State Board of Education.
1515	(1) Minimum academic standards for undergraduate admission
1516	to a university include:
1517	(a) Each student must have received a high school diploma
1518	pursuant to s. 1003.429 ors. 1003.43, or its equivalent, except
1519	as provided in s. 1007.271(2)-(5) or completed a home education
1520	program according to s. 1002.41.
1521	(b) Each student must have successfully completed a
1522	college-preparatory curriculum of 1819 credits, which shall
1523	include, but not be limited to, four credits in English, with
1524	major concentration in composition and literature; three credits
1525	in mathematics; three credits in natural science, two of which
1526	must have a laboratory component; three credits in social
1527	sciences; and two credits in the same second languageas defined
1528	in rules of the State Board of Education, including at least 2
1529	credits of sequential foreign language at the secondary level or
1530	the equivalent of such instruction at the postsecondary level. A
1531	student who completes a home education program according to s.
1532	1002.41 is not required to document completion of the 1819
1533	credits required by this paragraph. A student whose native
1534	language is not English is exempt from the foreign language
1535	requirement, provided that the student demonstrates proficiency
1536	in the native language. If a standardized test is not available
1537	in the student's native language for the demonstration of
1538	proficiency, the university may provide an alternative method of
1539	assessment. The State Board of Education shall adopt rules for
1540	the articulation of foreign language competency and equivalency
1541	between secondary and postsecondary institutions. A student who
1542	received an associate in arts degree prior to September 1, 1989,
1543	or who enrolled in a program of studies leading to an associate
1544	degree from a community college prior to August 1, 1989, and
1545	maintains continuous enrollment shall be exempt from this
1546	admissions requirement.
1547	Section 22. Section 1007.27, Florida Statutes, is amended
1548	to read:
1549	1007.27 Articulated acceleration mechanisms.--
1550	(1) It is the intent of the Legislature that a variety of
1551	articulated acceleration mechanisms be available for secondary
1552	and postsecondary students attending public educational
1553	institutions. It is intended that articulated acceleration serve
1554	to shorten the time necessary for a student to complete the
1555	requirements associated with the conference of a high school
1556	diploma and a postsecondary degree, broaden the scope of
1557	curricular options available to students, or increase the depth
1558	of study available for a particular subject. It is the intent of
1559	the Legislature that school districts and public postsecondary
1560	educational institutions maximize the opportunities for students
1561	to utilize the acceleration mechanisms identified in this
1562	section. Articulated acceleration mechanisms shall include, but
1563	are not belimited to, dual enrollment as provided for in s.
1564	1007.271, early admission, advanced placement, credit by
1565	examination, the International Baccalaureate Program, and the
1566	Advanced International Certificate of Education Program. Credit
1567	earned through the Florida Virtual School shall provide
1568	additional opportunities for early graduation and acceleration.
1569	(2) School districts and public postsecondary educational
1570	institutions shall annually advise students and their parents of
1571	the opportunities available to students to participate in the
1572	acceleration mechanisms identified in this section.
1573	(3)(2) The State BoardDepartmentof Education shall
1574	identify the minimum scores, maximum credit, and course or
1575	courses for which credit is to be awarded for each College Level
1576	Examination Program (CLEP) general examination, CLEP subject
1577	examination, College Board Advanced Placement Program
1578	examination, and International Baccalaureate examination, and
1579	Advanced International Certificate of Education examination. In
1580	addition, the State Board of Educationdepartmentshall identify
1581	such courses in the general education core curriculum of each
1582	state university and community college.
1583	(4)(3)Each community college and state university must
1584	award credit for specific courses for which competency has been
1585	demonstrated by successful passage of one of the examinations in
1586	subsection (3)(2)unless the award of credit duplicates credit
1587	already awarded. Community colleges and state universities may
1588	not exempt students from courses without the award of credit if
1589	competencies have been so demonstrated.
1590	(5)(4)It is the intent of the Legislature to provide
1591	articulated acceleration mechanisms for students who are in home
1592	education programs, as defined in s. 1003.01(11), consistent
1593	with the educational opportunities available to public and
1594	private secondary school students. Home education students may
1595	participate in dual enrollment, career and technical dual
1596	enrollment, early admission, and credit by examination. Credit
1597	earned by home education students through dual enrollment shall
1598	apply toward the completion of a home education program that
1599	meets the requirements of s. 1002.41.
1600	(6)(5) Early admission isshall bea form of dual
1601	enrollment through which eligible secondary students enroll in a
1602	postsecondary institution on a full-time basis in courses that
1603	are creditable toward the high school diploma and the associate
1604	or baccalaureate degree. Students enrolled pursuant to this
1605	subsection shall be exempt from the payment of registration,
1606	tuition, and laboratory fees.
1607	(7)(6) Advanced placement isshall bethe enrollment of an
1608	eligible secondary student in a course offered through the
1609	Advanced Placement Program administered by the College Board.
1610	Postsecondary credit for an advanced placement course shall be
1611	limited to students who score a minimum of 3, on a 5-point
1612	scale, on the corresponding Advanced Placement Examination. The
1613	specific courses for which students receive such credit shall be
1614	determined by the State Board of Educationdepartment. Students
1615	of Florida public secondary schools enrolled pursuant to this
1616	subsection shall be exempt from the payment of any fees for
1617	administration of the examination regardless of whether or not
1618	the student achieves a passing score on the examination.
1619	(8)(7) Credit by examination isshall bethe program
1620	through which secondary and postsecondary students generate
1621	postsecondary credit based on the receipt of a specified minimum
1622	score on nationally standardized general or subject-area
1623	examinations. For the purpose of statewide application, such
1624	examinations and the corresponding minimum scores required for
1625	an award of credit shall be delineated by the State Board of
1626	Education in the statewide articulation agreement. The maximum
1627	credit generated by a student pursuant to this subsection shall
1628	be mitigated by any related postsecondary credit earned by the
1629	student prior to the administration of the examination. This
1630	subsection shall not preclude community colleges and
1631	universities from awarding credit by examination based on
1632	student performance on examinations developed within and
1633	recognized by the individual postsecondary institutions.
1634	(9)(8) The International Baccalaureate Program isshall be
1635	the curriculum in which eligible secondary students are enrolled
1636	in a program of studies offered through the International
1637	Baccalaureate Program administered by the International
1638	Baccalaureate Office. The State Board of Education shall
1639	establish rules which specify the cutoff scores and
1640	International Baccalaureate Examinations which will be used to
1641	grant postsecondary credit at community colleges and
1642	universities. Any such rules that, whichhave the effect of
1643	raising the required cutoff score or of changing the
1644	International Baccalaureate Examinations which will be used to
1645	grant postsecondary credit,shall only apply to students taking
1646	International Baccalaureate Examinations after such rules are
1647	adopted by the State Board of Education. Students shall be
1648	awarded a maximum of 30 semester credit hours pursuant to this
1649	subsection. The specific course for which a student receives
1650	such credit shall be determined by the State Board of Education
1651	department. Students enrolled pursuant to this subsection shall
1652	be exempt from the payment of any fees for administration of the
1653	examinations regardless of whether or not the student achieves a
1654	passing score on the examination.
1655	(10)(9)The Advanced International Certificate of
1656	Education Program isshall bethe curriculum in which eligible
1657	secondary students are enrolled in a program of studies offered
1658	through the Advanced International Certificate of Education
1659	program administered by the University of Cambridge Local
1660	Examinations Syndicate. The State Board of Education shall
1661	establish rules which specify the cutoff scores and Advanced
1662	International Certificate of Education examinations which will
1663	be used to grant postsecondary credit at community colleges and
1664	universities. Any such rules that, whichhave the effect of
1665	raising the required cutoff score or of changing the Advanced
1666	International Certification of Education examinations which will
1667	be used to grant postsecondary credit,shall apply to students
1668	taking Advanced International Certificate of Education
1669	Examinations after such rules are adopted by the State Board of
1670	Education. Students shall be awarded a maximum of 30 semester
1671	credit hours pursuant to this subsection. The specific course
1672	for which a student receives such credit shall be determined by
1673	the State Board of Educationcommunity college or university
1674	that accepts the student for admission. Students enrolled
1675	pursuant to this subsection shall be exempt from the payment of
1676	any fees for administration of the examinations regardless of
1677	whether or not the student achieves a passing score on the
1678	examination.
1679	(11)(10)Any student who earns 9 or more credits from one
1680	or more of the acceleration mechanisms provided for in this
1681	section is exempt from any requirement of a public postsecondary
1682	educational institution mandating enrollment during a summer
1683	term.
1684	(12) The State Board of Education may adopt rules pursuant
1685	to ss. 120.536(1) and 120.54 to implement the provisions of this
1686	section.
1687	Section 23. Acceleration mechanisms study.--
1688	(1) The State Board of Education shall conduct a review of
1689	the extent to which the acceleration mechanisms authorized by s.
1690	1007.27, Florida Statutes, are currently utilized by school
1691	districts, community colleges, and state universities and shall
1692	submit a report to the Governor, the President of the Senate,
1693	and the Speaker of the House of Representatives by December 31,
1694	2003.
1695	(2) The report must include a summary of ongoing
1696	activities and a plan to increase and enhance the use of
1697	acceleration mechanisms as a way to shorten the length of time
1698	as well as the funding required for a student to obtain a
1699	postsecondary degree.
1700	(3) The review and plan shall address at least the
1701	following issues:
1702	(a) The manner in which students are advised regarding the
1703	availability of acceleration mechanism options.
1704	(b) The availability of acceleration mechanism options to
1705	eligible students who wish to participate.
1706	(c) The grading practices, including weighting of courses,
1707	of school districts, community colleges, and state universities
1708	with regard to credit earned through acceleration mechanisms.
1709	(d) The extent to which credit earned through an
1710	acceleration mechanism is used to meet the general education
1711	requirements of a public postsecondary educational institution.
1712	(e) The extent to which the secondary instruction
1713	associated with acceleration mechanism options could be offered
1714	at sites other than public K-12 school sites to assist in
1715	meeting class size reduction needs.
1716	(f) The manner in which funding for instruction associated
1717	with acceleration mechanism options is provided.
1718	(g) The feasibility of providing students the option of
1719	choosing Advanced Placement credit or College Level Examination
1720	Program (CLEP) credit as an alternative to dual enrollment
1721	credit upon completion of a dual enrollment course.
1722	Section 24. Section 1003.62, Florida Statutes, is amended
1723	to read:
1724	1003.62 Academic performance-basedcharter school
1725	districts pilot program.--The State Board of Education mayis
1726	authorized to enter into a performance contract with up to six
1727	district school boards as authorized in this sectionfor the
1728	purpose of establishing them as academic performance-based
1729	charter school districts. The State Board of Education shall
1730	give priority to Hillsborough and Volusia Counties upon the
1731	submission of a completed precharter agreement or charter
1732	proposal for a charter school district. The purpose of this
1733	sectionpilot programis to examine a new relationship between
1734	the State Board of Education and district school boards that
1735	willmay produce significant improvements in student achievement
1736	and school management, while complying with constitutional and
1737	statutoryrequirements assigned to each entity.
1738	(1) ACADEMIC PERFORMANCE-BASED CHARTER SCHOOLDISTRICT.--
1739	(a) A school district shall be eligible for designation as
1740	an academic performance-based charter school district if it is a
1741	high-performing school district in which a minimum of 50 percent
1742	of the schools earn a performance grade category "A" or "B" and
1743	in which not more than 5 percent of the schools earn a
1744	performance grade category "D" or "F" pursuant to s. 1008.34.
1745	Schools that receive a performance grade category "I" or "N"
1746	shall not be included in this calculation. The performance
1747	contract for a school district that earns a charter based on
1748	school performance grades shall be predicated on maintenance of
1749	at least half of the schools in the school district earning a
1750	performance grade category "A" or "B" with not more than 5
1751	percent of the schools in the school district earning a
1752	performance grade category "D" or "F."
1753	(b) A school district that satisfies the eligibility
1754	criteria for designation as an academic performance-based
1755	charter school district may be so designated upon a
1756	supermajority vote byin Florida in whichthe district school
1757	board after havinghassubmitted and the State Board of
1758	Education havinghasapproved a charter proposal that exchanges
1759	statutory and rule exemption, as authorized by this section,for
1760	agreement to meet performance goals in the proposal. The
1761	academic performance-based charter school district shall be
1762	chartered for 23years, at the end of which the performance
1763	shall be evaluated. If maintenance of high-performing school
1764	district status pursuant to paragraph (a) is not documented in
1765	accordance with State Board of Education rule, the charter
1766	shall not be renewed.
1767	(2) EXEMPTION FROM STATUTES AND RULES.--
1768	(a) An academic performance-based charter school district
1769	shall operate in accordance with its charter and shall be exempt
1770	from certain State Board of Education rules and statutes if the
1771	State Board of Education determines such an exemption will
1772	assist the district in maintaining or improving its high-
1773	performing status pursuant to paragraph (1)(a). However, the
1774	State Board of Education may not exempt an academic performance-
1775	based charter school district from any of the following
1776	statutes:
1777	1. Those statutes pertaining to the provision of services
1778	to students with disabilities.
1779	2. Those statutes pertaining to civil rights, including s.
1780	1000.05, relating to discrimination.
1781	3. Those statutes pertaining to student health, safety,
1782	and welfare.
1783	4. Those statutes governing the election or compensation
1784	of district school board members.
1785	5. Those statutes pertaining to the student assessment
1786	program and the school grading system, including chapter 1008.
1787	6. Those statutes pertaining to financial matters,
1788	including chapter 1010.
1789	7. Those statutes pertaining to planning and budgeting,
1790	including chapter 1011.
1791	8. Sections 1012.22(1)(c) and 1012.27(2), relating to
1792	performance-pay policies for school administrators and
1793	instructional personnel. However, an academic performance-based
1794	charter school district shall have the option to withdraw the
1795	protection of a teacher’s professional service contract for
1796	substandard performance and place the teacher on an annual
1797	contract which may be renewed or not renewed based on the
1798	teacher’s performance.
1799	9. Those statutes pertaining to educational facilities,
1800	including chapter 1013, except as specified under contract with
1801	the State Board of Education. However, no contractual provision
1802	that could have the effect of requiring the appropriation of
1803	additional capital outlay funds to the academic performance-
1804	based charter school district shall be valid.
1805	(b) Additionally, an academic performance-based charter
1806	school district shall be in compliance with the following
1807	statutes:
1808	1. Section 286.011, relating to public meetings and
1809	records, public inspection, and criminal and civil penalties.
1810	2. Those statutes pertaining to public records, including
1811	chapter 119.
1812	3. Those statutes pertaining to financial disclosure by
1813	elected officials.
1814	4. Those statutes pertaining to conflicts of interest by
1815	elected officials.Charter school districts shall be exempt from
1816	state statutes and specified State Board of Education rules. The
1817	district school board of a charter school district shall not be
1818	exempt from any statute governing election of district school
1819	board members, public meetings and public records requirements,
1820	financial disclosure, conflicts of interest, operation in the
1821	sunshine, or any provisions outside the Florida K-20 Education
1822	Code.
1823	(3) GOVERNING BOARD.--The governing board of the academic
1824	performance-basedcharter school district shall be the duly
1825	elected district school board. The district school board shall
1826	be responsible for supervising the schools in the academic
1827	performance-based charter school district and may convertis
1828	authorized to charter each of its existing public schools to
1829	charter schools pursuant to s. 1002.33, apply for deregulation
1830	of its public schools pursuant to s. 1003.63,or otherwise
1831	establish performance-based contractual relationships with its
1832	public schools for the purpose of giving them greater autonomy
1833	with accountability for performance.
1834	(4) PRECHARTER AGREEMENT.--The State Board of Education
1835	mayis authorized to approve a precharter agreement that grants
1836	with a potential charter district. The agreement may grant
1837	limited flexibility and direction for developing the full
1838	academic performance-basedcharter proposal.
1839	(5) TIME PERIOD FOR PILOT.--The pilot program shall be
1840	authorized for a period of 3 full school years commencing with
1841	award of a charter. The charter may be renewed upon action of
1842	the State Board of Education.
1843	(5)(6)REPORTS.--The State Board of Education shall
1844	annually report on the performance of each academic performance-
1845	basedimplementation of the charter school district pilot
1846	program. BienniallyUpon the completion of the first 3-year
1847	term, the State Board of Education, through the Commissioner of
1848	Education, shall submit to the Legislature a full evaluation of
1849	the effectiveness of granting academic performance-based charter
1850	school district statusthe program.
1851	(6)(7) RULEMAKING.--The State Board of Education may adopt
1852	shall have the authority to enactrules to implement this
1853	section in accordance with ss. 120.536 and 120.54.
1854	Section 25. Paragraph (b) of subsection (5) of section
1855	1011.62, Florida Statutes, is amended to read:
1856	1011.62 Funds for operation of schools.—If the annual
1857	allocation from the Florida Education Finance Program to each
1858	district for operation of schools is not determined in the
1859	annual appropriations act or the substantive bill implementing
1860	the annual appropriations act, it shall be determined as
1861	follows:
1862	(5) CATEGORICAL FUNDS.--
1863	(b) For fiscal year 2002-2003,If a district school board
1864	finds and declares in a resolution adopted at a regular meeting
1865	of the school board that the funds received for any of the
1866	following categorical appropriations are urgently needed to
1867	maintain school board specified academic classroom instruction,
1868	the school board may consider and approve an amendment to the
1869	school district operating budget transferring the identified
1870	amount of the categorical funds to the appropriate account for
1871	expenditure:
1872	1. Funds for student transportation.
1873	2. Funds for in-service educational personnel training.
1874	3. Funds for safe schools.
1875	4. Funds for public school technology.
1876	5. Funds for teacher recruitment and retention.
1877	5.6.Funds for supplemental academic instruction.
1878
1879	Prior to adopting the resolution required by this paragraph, the
1880	district school board must advertise in a newspaper of general
1881	circulation in the school district its intent to pass such
1882	resolution and must provide in such advertisement the purpose
1883	for which the funds were appropriated, the alternative purpose
1884	for which the funds will be used, and the basis for finding a
1885	necessity for the reallocation of such funds. In reporting its
1886	expenditures under s. 1010.20, with respect to a school
1887	district’s discretionary spending authority exercised under this
1888	subsection, the district school board shall report on a school-
1889	by-school basis and a district-aggregated basis how all funds,
1890	including federal funds, allocated to the school district for
1891	formula-funded categorical programs were expended.
1892	Section 26. Section 1011.68, Florida Statutes, is amended
1893	to read:
1894	1011.68 Funds for student transportation.--The annual
1895	allocation to each district for transportation to public school
1896	programs, including charter schools as provided in s.
1897	1002.33(17)(18)(b), of students in membership in kindergarten
1898	through grade 12 and in migrant and exceptional student programs
1899	below kindergarten shall be determined as follows:
1900	(1) Subject to the rules of the State Board of Education,
1901	each district shall determine the membership of students who are
1902	transported:
1903	(a) By reason of living 2 miles or more from school.
1904	(b) By reason of being students with disabilities or
1905	enrolled in a teenage parent program, regardless of distance to
1906	school.
1907	(c) By reason of being in a state prekindergarten program,
1908	regardless of distance from school.
1909	(d) By reason of being career and technical, dual
1910	enrollment, or students with disabilities transported from one
1911	school center to another to participate in an instructional
1912	program or service; or students with disabilities, transported
1913	from one designation to another in the state, provided one
1914	designation is a school center and provided the student's
1915	individual educational plan (IEP) identifies the need for the
1916	instructional program or service and transportation to be
1917	provided by the school district. A "school center" is defined as
1918	a public school center, community college, state university, or
1919	other facility rented, leased, or owned and operated by the
1920	school district or another public agency. A "dual enrollment
1921	student" is defined as a public school student in membership in
1922	both a public secondary school program and a community college
1923	or a state university program under a written agreement to
1924	partially fulfill ss. 1003.435 and 1007.23 and earning full-time
1925	equivalent membership under s. 1011.62(1)(i).
1926	(e) With respect to elementary school students whose grade
1927	level does not exceed grade 6, by reason of being subjected to
1928	hazardous walking conditions en route to or from school as
1929	provided in s. 1006.23. Such rules shall, when appropriate,
1930	provide for the determination of membership under this paragraph
1931	for less than 1 year to accommodate the needs of students who
1932	require transportation only until such hazardous conditions are
1933	corrected.
1934	(f) By reason of being a pregnant student or student
1935	parent, and the child of a student parent as provided in s.
1936	1003.54, regardless of distance from school.
1937	(2) The allocation for each district shall be calculated
1938	annually in accordance with the following formula:
1939
1940	T = B + EX. The elements of this formula are defined as follows:
1941	T is the total dollar allocation for transportation. B is the
1942	base transportation dollar allocation prorated by an adjusted
1943	student membership count. The adjusted membership count shall be
1944	derived from a multiplicative index function in which the base
1945	student membership is adjusted by multiplying it by index
1946	numbers that individually account for the impact of the price
1947	level index, average bus occupancy, and the extent of rural
1948	population in the district. EX is the base transportation dollar
1949	allocation for disabled students prorated by an adjusted
1950	disabled student membership count. The base transportation
1951	dollar allocation for disabled students is the total state base
1952	disabled student membership count weighted for increased costs
1953	associated with transporting disabled students and multiplying
1954	it by the prior year's average per student cost for
1955	transportation. The adjusted disabled student membership count
1956	shall be derived from a multiplicative index function in which
1957	the weighted base disabled student membership is adjusted by
1958	multiplying it by index numbers that individually account for
1959	the impact of the price level index, average bus occupancy, and
1960	the extent of rural population in the district. Each adjustment
1961	factor shall be designed to affect the base allocation by no
1962	more or less than 10 percent.
1963	(3) The total allocation to each district for
1964	transportation of students shall be the sum of the amounts
1965	determined in subsection (2). If the funds appropriated for the
1966	purpose of implementing this section are not sufficient to pay
1967	the base transportation allocation and the base transportation
1968	allocation for disabled students, the Department of Education
1969	shall prorate the available funds on a percentage basis. If the
1970	funds appropriated for the purpose of implementing this section
1971	exceed the sum of the base transportation allocation and the
1972	base transportation allocation for disabled students, the base
1973	transportation allocation for disabled students shall be limited
1974	to the amount calculated in subsection (2), and the remaining
1975	balance shall be added to the base transportation allocation.
1976	(4) No district shall use funds to purchase transportation
1977	equipment and supplies at prices which exceed those determined
1978	by the department to be the lowest which can be obtained, as
1979	prescribed in s. 1006.27(1).
1980	(5) Funds allocated or apportioned for the payment of
1981	student transportation services may be used to pay for
1982	transportation of students to and from school on local general
1983	purpose transportation systems. Student transportation funds may
1984	also be used to pay for transportation of students to and from
1985	school in private passenger cars and boats when the
1986	transportation is for isolated students, or students with
1987	disabilities as defined by rule. Subject to the rules of the
1988	State Board of Education, each school district shall determine
1989	and report the number of assigned students using general purpose
1990	transportation private passenger cars and boats. The allocation
1991	per student must be equal to the allocation per student riding a
1992	school bus.
1993	(6) Notwithstanding other provisions of this section, in
1994	no case shall any student or students be counted for
1995	transportation funding more than once per day. This provision
1996	includes counting students for funding pursuant to trips in
1997	school buses, passenger cars, or boats or general purpose
1998	transportation.
1999	(7) Any funds received by a school district under this
2000	section that are not required to transport students may, at the
2001	discretion of the district school board, be transferred to the
2002	district's Florida Education Finance Program.
2003	Section 27. Subsections (2), (4), and (5) of section
2004	1011.69, Florida Statutes, are amended to read:
2005	1011.69 Equity in School-Level Funding Act.—
2006	(2)(a) Beginning in the 2000-2001 fiscal year, district
2007	school boards shall allocate to each school within the district
2008	at least 50 percent of the funds generated by that school based
2009	upon the Florida Education Finance Program as provided in s.
2010	1011.62 and the General Appropriations Act, including gross
2011	state and local funds, discretionary lottery funds, and funds
2012	from the school district's current operating discretionary
2013	millage levy.
2014	(b) Beginning in the 2001-2002 fiscal year, district
2015	school boards shall allocate to each school within the district
2016	at least 65 percent of the funds generated by that school based
2017	upon the Florida Education Finance Program as provided in s.
2018	1011.62 and the General Appropriations Act, including gross
2019	state and local funds, discretionary lottery funds, and funds
2020	from the school district's current operating discretionary
2021	millage levy.
2022	(c) Beginning in the 2002-2003 fiscal year, district
2023	school boards shall allocate to each school within the district
2024	at least 80 percent of the funds generated by that school based
2025	upon the Florida Education Finance Program as provided in s.
2026	1011.62 and the General Appropriations Act, including gross
2027	state and local funds, discretionary lottery funds, and funds
2028	from the school district's current operating discretionary
2029	millage levy.
2030	(d)Beginning in the 2003-2004 fiscal year, district
2031	school boards shall allocate to schoolseach schoolwithin the
2032	district an average ofat least90 percent of the funds
2033	generated by all schools and guarantee that each school receives
2034	at least 80 percent of the funds generated bythat school based
2035	upon the Florida Education Finance Program as provided in s.
2036	1011.62 and the General Appropriations Act, including gross
2037	state and local funds, discretionary lottery funds, and funds
2038	from the school district's current operating discretionary
2039	millage levy. Total funding for each school shall be
2040	recalculated during the year to reflect the revised calculations
2041	under the Florida Education Finance Program by the state and the
2042	actual weighted full-time equivalent students reported by the
2043	school during the full-time equivalent student survey periods
2044	designated by the Commissioner of Education. If the district
2045	school board is providing programs or services to students
2046	funded by federal funds, any eligible students enrolled in the
2047	schools in the district shall be provided federal funds. Only
2048	academic performance-based charter schoolthose districts that
2049	initially applied for charter school district status, pursuant
2050	to s. 1003.62, and have been approved by the State Board of
2051	Educationare exempt from the provisions of this section.
2052	(4) The following funds are excluded from the school-level
2053	allocation under this section:Recommendations made by the
2054	Governor's Equity in Educational Opportunity Task Force shall be
2055	reviewed to identify potential categorical funds to be included
2056	in the district allocation methodology required in subsection
2057	(2).
2058	(a)(5)Funds appropriated in the General Appropriations
2059	Act for supplemental academic instruction to be used for the
2060	purposes described in s. 1011.62(1)(f) are excluded from the
2061	school-level allocation under this section.
2062	(b) Funds appropriated in the General Appropriations Act
2063	for the class size reduction operating categorical fund
2064	established in s. 1011.685.
2065	Section 28. Subsection (13) is added to section 1013.03,
2066	Florida Statutes, to read:
2067	1013.03 Functions of the department.—The functions of the
2068	Department of Education as it pertains to educational facilities
2069	shall include, but not be limited to, the following:
2070	(13) By October 1, 2003, review all rules related to
2071	school construction to identify requirements that are outdated,
2072	obsolete, unnecessary, or otherwise could be amended in order to
2073	provide additional flexibility to school districts to comply
2074	with the constitutional class size maximums described in s.
2075	1003.03(2) and make recommendations concerning such rules to the
2076	State Board of Education. The State Board of Education shall act
2077	on such recommendations by December 31, 2003.
2078	Section 29. Paragraph (d) is added to subsection (1) of
2079	section 1013.31, Florida Statutes, to read:
2080	1013.31 Educational plant survey; localized need
2081	assessment; PECO project funding.—
2082	(1) At least every 5 years, each board shall arrange for
2083	an educational plant survey, to aid in formulating plans for
2084	housing the educational program and student population, faculty,
2085	administrators, staff, and auxiliary and ancillary services of
2086	the district or campus, including consideration of the local
2087	comprehensive plan. The Office of Workforce and Economic
2088	Development shall document the need for additional career and
2089	adult education programs and the continuation of existing
2090	programs before facility construction or renovation related to
2091	career or adult education may be included in the educational
2092	plant survey of a school district or community college that
2093	delivers career or adult education programs. Information used by
2094	the Office of Workforce and Economic Development to establish
2095	facility needs must include, but need not be limited to, labor
2096	market data, needs analysis, and information submitted by the
2097	school district or community college.
2098	(d) Periodic update of Florida Inventory of School
2099	Houses.--School districts shall periodically update their
2100	inventory of educational facilities as new capacity becomes
2101	available and as unsatisfactory space is eliminated. The State
2102	Board of Education shall adopt rules to determine the timeframe
2103	in which school districts must provide a periodic update.
2104	Section 30. Paragraph (b) of subsection (1) and
2105	subsections (2) and (3) of section 1002.37, Florida Statutes,
2106	are amended to read:
2107	1002.37 The Florida Virtual School.—
2108	(1)
2109	(b) The mission of the Florida Virtual School is to
2110	provide students with technology-based educational opportunities
2111	to gain the knowledge and skills necessary to succeed and to
2112	award high school diplomas pursuant to s. 1003.43(9). The school
2113	shall serve any student in the state who meets the profile for
2114	success in this educational delivery context and shall give
2115	priority to:
2116	1. Students enrolled in traditional public school classes
2117	that are not in compliance with the maximum class sizes provided
2118	in s. 1000.03.
2119	2. Students enrolled as full-time students in the Florida
2120	Virtual School and seeking a high school diploma awarded by the
2121	Florida Virtual School.
2122	3.1.Students who need expanded access to courses in order
2123	to meet their educational goals, such as home education students
2124	and students in inner-city and rural and other publichigh
2125	schools who do not have access to higher-level courses.
2126	4.2.Students seeking accelerated access in order to
2127	obtain a high school diploma at least one semester early.
2128
2129	The board of trustees of the Florida Virtual School shall
2130	identify appropriate performance measures and standards based on
2131	student achievement that reflect the school's statutory mission
2132	and priorities, and shall implement an accountability system for
2133	the school that includes assessment of its effectiveness and
2134	efficiency in providing quality services that encourage high
2135	student achievement, seamless articulation, and maximum access.
2136	(2) The Florida Virtual School shall be governed by a
2137	board of trustees comprised of seven members appointed by the
2138	Governor to 4-year staggered terms. The board of trustees shall
2139	be a public agency entitled to sovereign immunity pursuant to s.
2140	768.28, and board members shall be public officers who shall
2141	bear fiduciary responsibility for the Florida Virtual School.
2142	The board of trustees shall have the following powers and
2143	duties:
2144	(a)1. The board of trustees shall meet at least 4 times
2145	each year, upon the call of the chair, or at the request of a
2146	majority of the membership.
2147	2. The fiscal year for the Florida Virtual School shall be
2148	the state fiscal year as provided in s. 216.011(1)(o).
2149	(b) The board of trustees shall be responsible for the
2150	Florida Virtual School's development of a state-of-the-art
2151	technology-based education delivery system that is cost-
2152	effective, educationally sound, marketable, and capable of
2153	sustaining a self-sufficient delivery system through the Florida
2154	Education Finance Program, by fiscal year 2003-2004. The school
2155	shall collect and report data for all students served and credit
2156	awarded. This data shall be segregated by private, public, and
2157	home education students by program. Information shall also be
2158	collected that reflects any other school in which a virtual
2159	school student is enrolled.
2160	(c) The board of trustees shall aggressively seek avenues
2161	to generate revenue to support its future endeavors, and shall
2162	enter into agreements with distance learning providers. The
2163	board of trustees may acquire, enjoy, use, and dispose of
2164	patents, copyrights, and trademarks and any licenses and other
2165	rights or interests thereunder or therein. Ownership of all such
2166	patents, copyrights, trademarks, licenses, and rights or
2167	interests thereunder or therein shall vest in the state, with
2168	the board of trustees having full right of use and full right to
2169	retain the revenues derived therefrom. Any funds realized from
2170	patents, copyrights, trademarks, or licenses shall be considered
2171	internal funds as provided in s. 1011.07. Such funds shall be
2172	used to support the school's marketing and research and
2173	development activities in order to improve courseware and
2174	services to its students.
2175	(d) The board of trustees shall be responsible for the
2176	administration and control of all local school funds derived
2177	from all activities or sources and shall prescribe the
2178	principles and procedures to be followed in administering these
2179	fundsannually prepare and submit to the State Board of
2180	Education a legislative budget request, including funding
2181	requests for computers for public school students who do not
2182	have access to public school computers, in accordance with
2183	chapter 216 and s. 1013.60. The legislative budget request of
2184	the Florida Virtual School shall be prepared using the same
2185	format, procedures, and timelines required for the submission of
2186	the legislative budget of the Department of Education. Nothing
2187	in this section shall be construed to guarantee a computer to
2188	any individual student.
2189	(e) The Florida Virtual School may accrue supplemental
2190	revenue from supplemental support organizations, which include,
2191	but are not limited to, alumni associations, foundations,
2192	parent-teacher associations, and booster associations. The
2193	governing body of each supplemental support organization shall
2194	recommend the expenditure of moneys collected by the
2195	organization for the benefit of the school. Such expenditures
2196	shall be contingent upon the review of the executive director.
2197	The executive director may override any proposed expenditure of
2198	the organization that would violate Florida law or breach sound
2199	educational management.
2200	(f)(e)In accordance with law and rules of the State Board
2201	of Education, the board of trustees shall administer and
2202	maintain personnel programs for all employees of the board of
2203	trustees and the Florida Virtual School. The board of trustees
2204	may adopt rules, policies, and procedures related to the
2205	appointment, employment, and removal of personnel.
2206	1. The board of trustees shall determine the compensation,
2207	including salaries and fringe benefits, and other conditions of
2208	employment for such personnel.
2209	2. The board of trustees may establish and maintain a
2210	personnel loan or exchange program by which persons employed by
2211	the board of trustees for the Florida Virtual School as academic
2212	administrative and instructional staff may be loaned to, or
2213	exchanged with persons employed in like capacities by, public
2214	agencies either within or without this state, or by private
2215	industry. With respect to public agency employees, the program
2216	authorized by this subparagraph shall be consistent with the
2217	requirements of part II of chapter 112. The salary and benefits
2218	of board of trustees personnel participating in the loan or
2219	exchange program shall be continued during the period of time
2220	they participate in a loan or exchange program, and such
2221	personnel shall be deemed to have no break in creditable or
2222	continuous service or employment during such time. The salary
2223	and benefits of persons participating in the personnel loan or
2224	exchange program who are employed by public agencies or private
2225	industry shall be paid by the originating employers of those
2226	participants, and such personnel shall be deemed to have no
2227	break in creditable or continuous service or employment during
2228	such time.
2229	3. The employment of all Florida Virtual School academic
2230	administrative and instructional personnel shall be subject to
2231	rejection for cause by the board of trustees, and shall be
2232	subject to policies of the board of trustees relative to
2233	certification, tenure, leaves of absence, sabbaticals,
2234	remuneration, and such other conditions of employment as the
2235	board of trustees deems necessary and proper, not inconsistent
2236	with law.
2237	4. Each person employed by the board of trustees in an
2238	academic administrative or instructional capacity with the
2239	Florida Virtual School shall be entitled to a contract as
2240	provided by rules of the board of trustees.
2241	5. All employees except temporary, seasonal, and student
2242	employees may be state employees for the purpose of being
2243	eligible to participate in the Florida Retirement System and
2244	receive benefits. The classification and pay plan, including
2245	terminal leave and other benefits, and any amendments thereto,
2246	shall be subject to review and approval by the Department of
2247	Management Services and the Executive Office of the Governor
2248	prior to adoption. In the event that the board of trustees
2249	assumes responsibility for governance pursuant to this section
2250	before approval is obtained, employees shall be compensated
2251	pursuant to the system in effect for the employees of the fiscal
2252	agent.
2253	(g)(f)The board of trustees shall establish priorities
2254	for admission of students in accordance with paragraph (1)(b).
2255	(h)(g)The board of trustees shall establish and
2256	distribute to all school districts and high schools in the state
2257	procedures for enrollment of students in courses offered by the
2258	Florida Virtual School. Such procedures shall be designed to
2259	minimize paperwork and fairly resolve the issue of double
2260	funding students taking courses on-line.
2261	(i)(h) The board of trustees shall annuallysubmit to the
2262	State Board of Education both forecasted and actual enrollments
2263	and credit completionsfor the Florida Virtual School, according
2264	to procedures established by the State Board of Education. At a
2265	minimum, such procedures must include the number of public,
2266	private, and home education students served by program and by
2267	county of residencedistrict.
2268	(j)(i)The board of trustees shall provide for the content
2269	and custody of student and employee personnel records. Student
2270	records shall be subject to the provisions of s. 1002.22.
2271	Employee records shall be subject to the provisions of s.
2272	1012.31.
2273	(k)(j)The financial records and accounts of the Florida
2274	Virtual School shall be maintained under the direction of the
2275	board of trustees and under rules adopted by the State Board of
2276	Education for the uniform system of financial records and
2277	accounts for the schools of the state.
2278
2279	The Governor shall designate the initial chair of the board of
2280	trustees to serve a term of 4 years. Members of the board of
2281	trustees shall serve without compensation, but may be reimbursed
2282	for per diem and travel expenses pursuant to s. 112.061. The
2283	board of trustees shall be a body corporate with all the powers
2284	of a body corporate and such authority as is needed for the
2285	proper operation and improvement of the Florida Virtual School.
2286	The board of trustees is specifically authorized to adopt rules,
2287	policies, and procedures, consistent with law and rules of the
2288	State Board of Education related to governance, personnel,
2289	budget and finance, administration, programs, curriculum and
2290	instruction, travel and purchasing, technology, students,
2291	contracts and grants, and property as necessary for optimal,
2292	efficient operation of the Florida Virtual School. Tangible
2293	personal property owned by the board of trustees shall be
2294	subject to the provisions of chapter 273.
2295	(3) Funding for the Florida Virtual School shall be
2296	provided as follows:
2297	(a) A "full-time equivalent student" for the Florida
2298	Virtual School is one student who has successfully completed six
2299	credits that shall count toward the minimum number of credits
2300	required for high school graduation. A student who completes
2301	less than six credits shall be a fraction of a full-time
2302	equivalent student. Half-credit completions shall be included in
2303	determining a full-time equivalent student. Credit completed by
2304	a student in excess of the minimum required for that student for
2305	high school graduation is not eligible for funding.
2306	(b) Full-time equivalent student credits completed through
2307	the Florida Virtual School, including credits completed during
2308	the summer, shall be reported to the Department of Education in
2309	the manner prescribed by the department and shall be funded
2310	through the Florida Education Finance Program.
2311	(c) School districts may not limit student access to
2312	courses offered through the Florida Virtual School.
2313	(d) Full-time equivalent student credit completion for
2314	courses offered through the Florida Virtual School shall be
2315	reported only by the Florida Virtual School. School districts
2316	shall report full-time equivalent student membership only for
2317	courses for which the school district provides the instruction.
2318	(e) The district cost differential as provided in s.
2319	1011.62(2) shall be established as 1.000.
2320	(f) The Florida Virtual School shall receive funds for
2321	operating purposes in an amount determined as follows: multiply
2322	the maximum allowable nonvoted discretionary millage for
2323	operations pursuant to s. 1011.71(1) by the value of 95 percent
2324	of the current year's taxable value for school purposes for the
2325	state; divide the result by the total full-time equivalent
2326	membership of the state; and multiply the result by the full-
2327	time equivalent membership of the school. The amount thus
2328	obtained shall be discretionary operating funds and shall be
2329	appropriated from state funds in the General Appropriations Act.
2330	(g) The Florida Virtual School shall receive additional
2331	state funds as may be provided in the General Appropriations
2332	Act.
2333	(h) In addition to the funds provided in the General
2334	Appropriations Act, the Florida Virtual School may receive other
2335	funds from grants and donations.
2336	(a) Until fiscal year 2003-2004, the Commissioner of
2337	Education shall include the Florida Virtual School as a grant-
2338	in-aid appropriation in the department's legislative budget
2339	request to the State Board of Education, the Governor, and the
2340	Legislature, subject to any guidelines imposed in the General
2341	Appropriations Act.
2342	(b) The Orange County District School Board shall be the
2343	temporary fiscal agent of the Florida Virtual School.
2344	Section 31. Paragraph (c) of subsection (1) of section
2345	1011.61, Florida Statutes, is amended to read:
2346	1011.61 Definitions.—Notwithstanding the provisions of s.
2347	1000.21, the following terms are defined as follows for the
2348	purposes of the Florida Education Finance Program:
2349	(1) A "full-time equivalent student" in each program of
2350	the district is defined in terms of full-time students and part-
2351	time students as follows:
2352	(c)1. A "full-time equivalent student" is:
2353	a. A full-time student in any one of the programs listed
2354	in s. 1011.62(1)(c); or
2355	b. A combination of full-time or part-time students in any
2356	one of the programs listed in s. 1011.62(1)(c) which is the
2357	equivalent of one full-time student based on the following
2358	calculations:
2359	(I) A full-time student, except a postsecondary or adult
2360	student or a senior high school student enrolled in adult
2361	education when such courses are required for high school
2362	graduation, in a combination of programs listed in s.
2363	1011.62(1)(c) shall be a fraction of a full-time equivalent
2364	membership in each special program equal to the number of net
2365	hours per school year for which he or she is a member, divided
2366	by the appropriate number of hours set forth in subparagraph
2367	(a)1. or subparagraph (a)2. The difference between that fraction
2368	or sum of fractions and the maximum value as set forth in
2369	subsection (4) for each full-time student is presumed to be the
2370	balance of the student's time not spent in such special
2371	education programs and shall be recorded as time in the
2372	appropriate basic program.
2373	(II) A prekindergarten handicapped student shall meet the
2374	requirements specified for kindergarten students.
2375	(III) A Florida Virtual School full-time equivalent
2376	student shall consist of six full credit completions in the
2377	programs listed in s. 1011.62(1)(c)1. and 4. Credit completions
2378	can be a combination of either full credit or half credit.
2379	2. A student in membership in a program scheduled for more
2380	or less than 180 school days is a fraction of a full-time
2381	equivalent membership equal to the number of instructional hours
2382	in membership divided by the appropriate number of hours set
2383	forth in subparagraph (a)1.; however, for the purposes of this
2384	subparagraph, membership in programs scheduled for more than 180
2385	days is limited to students enrolled in juvenile justice
2386	education programs and the Florida Virtual School.
2387	The department shall determine and implement an equitable method
2388	of equivalent funding for experimental schools and for schools
2389	operating under emergency conditions, which schools have been
2390	approved by the department to operate for less than the minimum
2391	school day.
2392	Section 32. Paragraphs (b), (c), (d), and (e) of
2393	subsection (6) of section 1013.64, Florida Statutes, are amended
2394	to read:
2395	1013.64 Funds for comprehensive educational plant needs;
2396	construction cost maximums for school district capital
2397	projects.--Allocations from the Public Education Capital Outlay
2398	and Debt Service Trust Fund to the various boards for capital
2399	outlay projects shall be determined as follows:
2400	(6)
2401	(b)1. A district school board, including a district school
2402	board of an academic performance-based charter school district,
2403	must not use funds from the following sources:Public Education
2404	Capital Outlay and Debt Service Trust Fund;or theSchool
2405	District and Community College District Capital Outlay and Debt
2406	Service Trust Fund; Classrooms First Program funds provided in
2407	s. 1013.68; effort index grant funds provided in s. 1013.73;
2408	nonvoted 2-mill levy of ad valorem property taxes provided in s.
2409	1011.71(2); Class Size Reduction Infrastructure Program funds
2410	provided in s. 1013.735; District Effort Recognition Program
2411	funds provided in s. 1013.736; school capital outlay sales
2412	surtax provided in s. 212.055(6); local government
2413	infrastructure sales surtax provided in s. 212.055(2); or voted
2414	millage provided in s. 1011.73,for any new construction of
2415	educational plant space with a total cost per student station,
2416	including change orders, that equals more than:
2417	a. $12,755$11,600for an elementary school,
2418	b. $14,624$13,300for a middle school, or
2419	c. $19,352$17,600for a high school,
2420
2421	(January 20021997) as adjusted annually to reflect increases or
2422	decreases inbythe Consumer Price Index.
2423	2. A district school board must not use funds from the
2424	Public Education Capital Outlay and Debt Service Trust Fund or
2425	the School District and Community College District Capital
2426	Outlay and Debt Service Trust Fund for any new construction of
2427	an ancillary plant that exceeds 70 percent of the average cost
2428	per square foot of new construction for all schools.
2429	(c) Except as otherwise provided, new construction
2430	initiated after July 1, 2004, by a district school board funded
2431	solely from proceeds received by school districts through
2432	provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
2433	State Constitutionafter June 30, 1997,must not exceed the cost
2434	per student station as provided in paragraph (b).
2435	(d) The department shall:
2436	1.Compute for each calendar year the statewide average
2437	construction costs for facilities serving each instructional
2438	level, for relocatable educational facilities, for
2439	administrative facilities, and for other ancillary and auxiliary
2440	facilities. The department shall compute the statewide average
2441	costs per student station for each instructional level.
2442	2. Annually review the actual completed construction costs
2443	of educational facilities in each school district. For any
2444	school district in which the total actual cost per student
2445	station, including change orders, exceeds the statewide limits
2446	established in paragraph (b), the department shall calculate the
2447	amount of funds of that school district that exceeded the
2448	statewide cost per student station limit and withhold that
2449	amount of funds in the following year from the school district’s
2450	allocation from the Public Education Capital Outlay and Debt
2451	Service Trust Fund.
2452
2453	Cost per student station includes contract costs, legal and
2454	administrative costs, fees of architects and engineers,
2455	furniture and equipment, and site improvement costs. Cost per
2456	student station does not include the cost of purchasing or
2457	leasing the site for the construction or the cost of related
2458	offsite improvements.
2459	(e) The restrictions of this subsection on the cost per
2460	student station of new construction do not apply to a project
2461	funded entirely from proceeds received by districts through
2462	provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
2463	State Constitution, if the school board approves the project by
2464	majority vote.
2465	Section 33. Subsection (2) of section 1007.261 and
2466	sections 1012.41 and 1013.43, Florida Statutes, are repealed.
2467	Section 34. Subsection (13) is added to section 216.292,
2468	Florida Statutes, to read:
2469	216.292 Appropriations nontransferable; exceptions.—
2470	(13) The Executive Office of the Governor shall transfer
2471	funds from appropriations for public school operations to a
2472	fixed capital outlay appropriation for class size reduction
2473	based on recommendations of the Florida Education Finance
2474	Program Appropriation Allocation Conference pursuant to s.
2475	1003.03(5)(a). This subsection is subject to the notice and
2476	review provisions of s. 216.177.
2477	Section 35. If any provision of this act or its
2478	application to any person or circumstance is held invalid, the
2479	invalidity does not affect other provisions or applications of
2480	the act which can be given effect without the invalid provision
2481	or application, and to this end the provisions of this act are
2482	severable.
2483	Section 36. Except as otherwise provided herein, this act
2484	shall take effect July 1, 2003.
2485