HB 0703 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Appropriations recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to quality education; providing a popular
12	name; amending s. 1003.01, F.S.; defining the terms "core-
13	curricula courses" and "extracurricular courses"; amending
14	s. 1003.03, F.S.; providing legislative intent;
15	establishing the constitutional class size maximums;
16	providing for the determination of averages; requiring the
17	Department of Education to calculate averages based upon
18	student membership surveys; providing implementation
19	options for school districts; providing accountability for
20	the class size reduction measures; creating s. 1011.685,
21	F.S.; establishing an operating categorical fund for
22	implementing class size reduction; providing for use of
23	the funds by school districts; authorizing use of capital
24	outlay millage; requiring reports; creating s. 1013.735,
25	F.S.; establishing the Class Size Reduction Infrastructure
26	Program; providing for the allocation of funds; providing
27	requirements for district participation; providing for the
28	use of the funds; creating s. 1013.736, F.S.; establishing
29	the District Effort Recognition Program; providing
30	eligibility for school district participation; providing
31	for allocation and distribution of funds; creating s.
32	1013.737, F.S.; establishing the Class Size Reduction
33	Lottery Revenue Bond Program; authorizing issuance of
34	revenue bonds to finance or refinance the construction,
35	acquisition, reconstruction, or renovation of educational
36	facilities; amending s. 24.121, F.S.; removing limitations
37	on lottery revenues that may be pledged to the payment of
38	debt service; amending s. 121.091, F.S.; authorizing
39	instructional and administrative personnel who receive
40	authorization to extend participation in the Deferred
41	Retirement Option Program on an annual contractual basis;
42	amending s. 1001.42, F.S.; eliminating a cross reference
43	to small schools; creating s. 1002.395, F.S.; providing
44	for Florida Learning Access Grants; providing obligations
45	of school districts, parents, and the Department of
46	Education; providing private school eligibility
47	requirements; creating s. 1002.396, F.S.; providing for
48	kindergarten grants; providing obligations of parents and
49	the Department of Education; providing private
50	kindergarten eligibility requirements; creating s.
51	1002.397, F.S.; providing for K–8 virtual school grants;
52	providing obligations of students, parents, and the
53	Department of Education; providing K–8 virtual school
54	eligibility requirements; amending s. 220.187, F.S.;
55	expanding and revising the corporate income tax credit
56	scholarship program; amending s. 1002.20, F.S., relating
57	to parent and student rights, to conform to changes made
58	by the act; amending s. 1002.33, F.S.; removing the cap on
59	the number of charter schools authorized in school
60	districts; correcting cross references; amending s.
61	1002.41, F.S.; correcting a cross reference; amending s.
62	1003.02, F.S.; requiring school districts to notify
63	parents of acceleration mechanisms; eliminating a cross
64	reference to conform to changes made by the act; creating
65	s. 1003.429, F.S.; providing options for accelerated high
66	school graduation; providing for a 3-year standard college
67	preparatory program and a 3-year career preparatory
68	program; amending s. 1003.43, F.S.; including parenting
69	skills in the life management skills course; removing
70	requirement that the life management skills course be
71	taken in certain grades; amending s. 1003.436, F.S.;
72	reducing the number of hours required for one full credit;
73	amending s. 1007.261, F.S.; revising credit requirements
74	for admission to state universities; amending s. 1007.27,
75	F.S.; requiring notification to students and parents of
76	acceleration opportunities; authorizing the State Board of
77	Education to adopt rules concerning articulated
78	acceleration mechanisms; requiring the State Board of
79	Education to review and report on the use of acceleration
80	mechanisms and grading practices, including the weighting
81	of courses, for credit and admission; amending s. 1003.62,
82	F.S.; deleting provisions relating to the charter school
83	district pilot program; providing for establishment of
84	academic performance-based charter school districts;
85	providing for eligibility and exemption from statutes and
86	rules; requiring annual reports; including a grandfather
87	provision for certain pilot program charter school
88	districts; amending s. 1011.62, F.S.; removing a date
89	limitation to provide for categorical flexibility;
90	providing for advertisement and reporting; amending s.
91	1011.68, F.S.; correcting a cross reference; amending s.
92	1011.69, F.S.; deleting obsolete provisions; revising
93	equity in school-level funding provisions; providing that
94	class size reduction operating categorical funds are not
95	subject to provisions requiring equity in school-level
96	funding; amending s. 1012.56, F.S.; revising the time
97	period for which an official statement of status of
98	eligibility for certification is valid; revising
99	requirements for mastery of general knowledge, mastery of
100	subject area knowledge, and mastery of professional
101	preparation and education competence; revising provisions
102	relating to temporary certificates; amending s. 1012.57,
103	F.S.; requiring district school boards to adopt rules to
104	allow for the issuance of adjunct teaching certificates;
105	revising provisions relating to determination of expertise
106	in the subject area to be taught; amending s. 1013.03,
107	F.S.; requiring the Department of Education to review
108	rules relating to school construction and make
109	recommendations to the State Board of Education; amending
110	s. 1013.31, F.S.; requiring school districts to
111	periodically update the inventory of educational
112	facilities; amending s. 1002.37, F.S.; revising priorities
113	of the Florida Virtual School; providing that certain
114	funds are internal funds; authorizing supplemental support
115	organizations; revising administrative responsibilities
116	regarding funding and reporting requirements for the board
117	of trustees of the Florida Virtual School; authorizing
118	franchise agreements; providing for funding the Florida
119	Virtual School within the Florida Education Finance
120	Program; providing for funding based on credit completion;
121	providing a calculation; eliminating obsolete provisions;
122	amending s. 1011.61, F.S.; revising definition of "full-
123	time equivalent student" to include a Florida Virtual
124	School student; providing for membership to exceed certain
125	maximum days of instruction; amending s. 1013.64, F.S.;
126	revising provisions relating to determination of
127	allocations to school districts from the Public Education
128	Capital Outlay and Debt Service Trust Fund; revising
129	provisions relating to the costs per student station;
130	authorizing a school district to exceed cost per student
131	station requirements under certain circumstances;
132	requiring reports; repealing ss. 1007.261(2), 1012.41,
133	1013.21, and 1013.43, F.S., relating to credit
134	requirements, employment of directors of career and
135	technical education, reduction of relocatable facilities
136	in use, and the small school requirement; amending s.
137	216.292, F.S.; requiring the Executive Office of the
138	Governor to transfer funds for class size reduction based
139	on recommendations of the Florida Education Finance
140	Program Appropriation Allocation Conference; requiring
141	notice and review; creating s. 1000.041, F.S.; providing
142	legislative purposes and guiding principles for BEST
143	Florida teaching; amending s. 1001.33, F.S.; requiring
144	cooperation to apply such guiding principles; amending s.
145	1001.42, F.S.; requiring district school boards to provide
146	clerical personnel or volunteers to assist teachers in
147	noninstructional activities; requiring school district
148	support of authority; amending ss. 1001.51 and 1001.54,
149	F.S.; providing for cooperation and support of district
150	school superintendents and school principals; amending s.
151	1002.20, F.S.; providing student rights with respect to
152	classroom orderliness; amending s. 1002.42, F.S.;
153	correcting a cross reference; amending s. 1003.04, F.S.;
154	requiring specified student conduct; requiring parental
155	cooperation with school authority; amending s. 1003.31,
156	F.S.; providing for support of the authority of teachers
157	and bus drivers; amending s. 1003.32, F.S.; revising
158	provisions relating to teacher authority and
159	responsibility for control of students; designating a
160	school placement review committee to determine placement
161	for disruptive students; requiring reports; requiring
162	Commissioner of Education review of success in achieving
163	orderly classrooms and use of enforcement actions;
164	requiring reporting of knowledge or belief of crimes of
165	violence on school property; providing immunity; amending
166	s. 1004.04, F.S.; revising provisions relating to state
167	approval of teacher preparation programs; expanding State
168	Board of Education rules establishing core curricula;
169	requiring teacher preparation programs to incorporate
170	certain instruction; providing for guarantee; providing
171	for additional teacher training under certain
172	circumstances; authorizing pay for student teacher
173	internships; providing priority consideration for
174	participation in teacher education pilot programs;
175	amending ss. 1006.08 and 1006.09, F.S.; providing for
176	district school superintendent and school principal
177	support relating to student discipline; amending s.
178	1009.59, F.S.; renaming and revising eligibility criteria
179	and loan reimbursement of the Critical Teacher Shortage
180	Student Loan Forgiveness Program; creating s. 1009.591,
181	F.S.; creating the Teaching Fellows Program to encourage
182	certain graduate students to enter the teaching
183	profession; providing for stipends, signing bonuses upon
184	employment, and waiver of tuition and fees under certain
185	circumstances; providing repayment requirements; creating
186	s. 1011.63, F.S.; creating a categorical fund for a salary
187	career ladder; providing requirements to access funds;
188	providing for allocation to school districts and use of
189	funds; amending s. 1012.05, F.S.; requiring the Department
190	of Education to provide for one-stop shopping for teacher
191	career information and on-line support; authorizing use of
192	funds to recruit and prepare teachers; creating s.
193	1012.231, F.S.; requiring district school board plans for
194	compensation of classroom teachers; providing for funding
195	teacher salary career ladders based on performance;
196	providing requirements and incentives relating to teacher
197	assignments; amending ss. 1012.27 and 1012.28, F.S.;
198	providing duties of district school superintendents and
199	school principals; amending s. 1012.585, F.S.; revising
200	certain requirements for renewal of professional
201	certificates; correcting a cross reference; creating s.
202	1012.586, F.S.; authorizing school districts to process
203	certain applications via website; providing for a fee and
204	the uses thereof; amending s. 1012.72, F.S.; expanding the
205	Dale Hickam Excellent Teaching program to provide
206	incentives for teachers who seek or are issued certain
207	certification by the American Board for Certification of
208	Teacher Excellence; restricting bonuses to certain
209	teachers; repealing s. 1012.73, F.S., relating to the
210	mentor teacher pilot program; amending s. 1012.98, F.S.;
211	revising provisions relating to the School Community
212	Professional Development Act; deleting provisions relating
213	to recruitment, preparation, and professional development
214	of school administrative personnel; creating s. 1012.987,
215	F.S.; authorizing a principal leadership designation and
216	incentives therefor; requiring a system for recruitment,
217	preparation, and education leadership development of
218	school administrative personnel; authorizing request of
219	resignation of a school principal and teachers under
220	certain circumstances; requiring district school boards to
221	review and consider amending certain collective bargaining
222	contracts; requiring the Commissioner of Education to
223	conduct a survey of classroom teachers; amending ss.
224	121.021 and 1013.35, F.S.; correcting cross references;
225	amending s. 1013.45, F.S.; requiring a life cycle analysis
226	when constructing or expanding educational facilities;
227	authorizing an appropriation for the Teaching Fellows
228	Program; providing for severability; providing effective
229	dates.
230
231	WHEREAS, in 1998, the voters approved an amendment to
232	Section 1, Article IX of the State Constitution that required
233	the Legislature to establish by law a uniform, efficient, safe,
234	secure, and high-quality system of free public schools that
235	allows students to obtain a high-quality education, and
236	WHEREAS, in 2002, the voters of Florida approved a further
237	amendment to Section 1, Article IX of the State Constitution to
238	assure that students obtain a high-quality education, and
239	WHEREAS, the voters defined a high-quality education as, by
240	2010, a prekindergarten through grade 3 core-curricula class
241	size of no more than 18 students assigned to a teacher, a grade
242	4 through grade 8 core-curricula class size of no more than 22
243	students assigned to a teacher, and a grade 9 through grade 12
244	core-curricula class size of no more than 25 students assigned
245	to a teacher, and
246	WHEREAS, the Legislature finds that a high-quality
247	education cannot be achieved solely by small class sizes but
248	also requires well-educated, well-trained, well-compensated, and
249	effective classroom teachers and school administrators who
250	maintain orderly, disciplined classrooms conducive to student
251	learning, and
252	WHEREAS, Section 1, Article IX of the State Constitution
253	requires that reduced class sizes be accomplished through a
254	system that is both efficient and uniform, and
255	WHEREAS, the constitutional principle of efficiency
256	includes the school districts’ use of their facilities,
257	teachers, and other resources in the most efficient manner, and
258	WHEREAS, the Florida Supreme Court, in considering the
259	provisions of Amendment 9 to Section 1, Article IX of the State
260	Constitution, found that “rather than restricting the
261	Legislature, the proposed amendment gives the Legislature
262	latitude in designing ways to reach the class size goal
263	articulated in the ballot initiative, and places the obligation
264	to ensure compliance on the Legislature,” and
265	WHEREAS, the Legislature has chosen to focus on teacher
266	quality and student achievement, provide clarity of goals,
267	safeguard the efficient use of public funds, allow flexibility
268	to reach those goals, recognize issues relating to both
269	efficiency and equity of implementation, and require
270	accountability to meet the standards set forth in the State
271	Constitution, NOW, THEREFORE,
272
273	Be It Enacted by the Legislature of the State of Florida:
274
275	Section 1. This act shall be known by the popular name the
276	"Quality Education Act," with emphasis on class size reduction
277	and better educated students and teachers (BEST) Florida
278	teaching.
279	Section 2. Subsections (14) and (15) are added to section
280	1003.01, Florida Statutes, to read:
281	1003.01 Definitions.--As used in this chapter, the term:
282	(14) "Core-curricula courses" means courses defined by the
283	State Board of Education as mathematics, language arts/reading,
284	science, social studies, foreign language, English for Speakers
285	of Other Languages, or exceptional student education and courses
286	taught in traditional, self-contained elementary school
287	classrooms. The term is limited in meaning and used for the sole
288	purpose of designating classes that are subject to the maximum
289	class size requirements established in s. 1, Art. IX of the
290	State Constitution.
291	(15) "Extracurricular courses" means all courses that are
292	not defined as core-curricula courses. The term is limited in
293	meaning and used for the sole purpose of designating classes
294	that are not subject to the maximum class size requirements
295	established in s. 1, Art. IX of the State Constitution.
296	Section 3. Section 1003.03, Florida Statutes, is amended
297	to read:
298	(Substantial rewording of section. See
299	s. 1003.03, F.S., for present text.)
300	1003.03 Maximum class size.--
301	(1) LEGISLATIVE INTENT.--It is the intent of the
302	Legislature that s. 1, Art. IX of the State Constitution be
303	implemented in an efficient manner that preserves the choice
304	options available to parents and students. Accordingly, the
305	Legislature finds that lab schools, charter schools, the Florida
306	Virtual School, eligible K–8 virtual schools, and the Florida
307	School for the Deaf and the Blind, as well as other alternatives
308	to traditional delivery of instruction in the public schools,
309	including, but not limited to, Advanced Placement, International
310	Baccalaureate, Advanced International Certificate of Education,
311	and dual enrollment courses, are not encompassed in the
312	definition of core-curricula courses for purposes of
313	implementing s. 1, Art. IX of the State Constitution.
314	(2) CONSTITUTIONAL CLASS SIZE MAXIMUMS.--Pursuant to s. 1,
315	Art. IX of the State Constitution, beginning in the 2010-2011
316	school year:
317	(a) The maximum number of students assigned to each
318	teacher who is teaching a core-curricula course in public school
319	classrooms for prekindergarten through grade 3 may not exceed 18
320	students.
321	(b) The maximum number of students assigned to each
322	teacher who is teaching a core-curricula course in public school
323	classrooms for grades 4 through 8 may not exceed 22 students.
324	(c) The maximum number of students assigned to each
325	teacher who is teaching a core-curricula course in public school
326	classrooms for grades 9 through 12 may not exceed 25 students.
327	(3) IMPLEMENTATION.--
328	(a) Beginning with the 2003-2004 fiscal year, each school
329	district that is not in compliance with the maximums described
330	in subsection (2) shall reduce the average number of students
331	per classroom in each of the following grade groupings:
332	prekindergarten through grade 3, grade 4 through grade 8, and
333	grade 9 through grade 12, by at least two students each year.
334	(b) Determination of the average number of students per
335	classroom as described in paragraph (a) shall be calculated as
336	follows:
337	1. For fiscal years 2003-2004 through 2005-2006, the
338	calculation for compliance for each of the three grade groupings
339	shall be the average at the school district level.
340	2. For fiscal years 2006-2007 and 2007-2008, the
341	calculation for compliance for each of the three grade groupings
342	shall be the average at the school level.
343	3. For fiscal years 2008-2009, 2009-2010, and thereafter,
344	the calculation for compliance for each of the three grade
345	groupings shall be at the individual classroom level.
346	(c) The Department of Education shall annually calculate
347	each of the three average class size measures described in
348	paragraphs (a) and (b) based upon the October student membership
349	survey. For purposes of determining the baseline from which each
350	school district's average class size must be reduced for the
351	2003-2004 school year, the department shall use data from the
352	March 2003 student membership survey updated to include
353	classroom identification numbers as required by the department.
354	(d) Prior to the adoption of the school district budget
355	for 2003-2004, each district school board shall hold public
356	hearings to review school attendance zones in order to ensure
357	maximum use of facilities while minimizing the additional use of
358	transportation in order to comply with the two-student-per-year
359	reduction required in paragraph (a). School districts that meet
360	the constitutional class size maximums described in subsection
361	(2) are exempt from this requirement.
362
363	As alternatives to instruction in traditional public schools,
364	courses provided by lab schools, charter schools, the Florida
365	Virtual School, eligible K–8 virtual schools, and the Florida
366	School for the Deaf and the Blind and Advanced Placement,
367	International Baccalaureate, Advanced International Certificate
368	of Education, and dual enrollment courses are not encompassed
369	within the definition of core-curricula courses in public school
370	classrooms. School districts shall make every effort to further
371	reduce exceptional student education and English for Speakers of
372	Other Languages class sizes below the class size maximums as
373	necessary to provide high-quality instruction for these special
374	needs students.
375	(4) IMPLEMENTATION OPTIONS.--District school boards must
376	consider, but are not limited to, implementing the following
377	items in order to meet the constitutional class size maximums
378	described in subsection (2) and the two-student-per-year
379	reduction required in subsection (3):
380	(a) Adopt policies to encourage qualified students to take
381	dual enrollment courses through community colleges and state
382	universities.
383	(b) Adopt policies to encourage students to take courses
384	from the Florida Virtual School and eligible K–8 virtual
385	schools.
386	(c)1. Repeal district school board policies that require
387	students to have more than 24 credits to graduate from high
388	school.
389	2. Adopt policies to allow students to graduate from high
390	school as soon as they pass the grade 10 FCAT and complete the
391	courses required for high school graduation.
392	(d) Use methods to maximize use of instructional staff,
393	such as changing required teaching loads and scheduling of
394	planning periods, deploying school district employees who have
395	professional certification to the classroom, using adjunct
396	educators, or using any other method not prohibited by law.
397	(e) Use innovative methods to reduce the cost of school
398	construction by using prototype school designs, using SMART
399	Schools designs, participating in the School Infrastructure
400	Thrift (SIT) Program, or using any other method not prohibited
401	by law.
402	(f) Use joint-use facilities through partnerships with
403	community colleges, state universities, and private colleges and
404	universities. Joint-use facilities available for use as K-12
405	classrooms that do not meet the K-12 State Regulations for
406	Educational Facilities in the Florida Building Code may be used
407	at the discretion of the district school board provided that
408	such facilities meet all other health, life, safety, and fire
409	codes.
410	(g) Adopt alternative methods of class scheduling, such as
411	block scheduling.
412	(h) Redraw school attendance zones to maximize use of
413	facilities while minimizing the additional use of
414	transportation.
415	(i) Operate schools beyond the normal operating hours to
416	provide classes in the evening or operate more than one session
417	of school during the day.
418	(j) Use year-round schools and other nontraditional
419	calendars that do not adversely impact annual assessment of
420	student achievement.
421	(k) Review and consider amending any collective bargaining
422	contracts that hinder the implementation of class size
423	reduction.
424	(l) Provide Florida Learning Access Grants in accordance
425	with s. 1002.395.
426	(m) Adopt policies to encourage the use of charter schools
427	that meet financial, management, accountability, and performance
428	standards as established by the State Board of Education.
429	(n) Use any other approach not prohibited by law.
430	(5) ACCOUNTABILITY.--
431	(a) Beginning in the 2004-2005 fiscal year, if the
432	Commissioner of Education determines for any year that a school
433	district has not reduced average class size as required in
434	subsection (3) at the time of the third FEFP calculation, the
435	department shall calculate an amount from the class size
436	reduction operating categorical that is proportionate to the
437	amount of class size reduction not accomplished. Upon
438	verification of the department's calculation by the Florida
439	Education Finance Program Appropriation Allocation Conference,
440	the Executive Office of the Governor shall transfer
441	undistributed funds, except for funds that have been encumbered
442	for classroom teacher contracts, equivalent to the calculated
443	amount from the school district's class size reduction operating
444	categorical to an approved fixed capital outlay appropriation
445	for class size reduction in the affected school district
446	pursuant to s. 216.292(13). The amount of such funds transferred
447	shall be the lesser of the amount specified above or the
448	undistributed balance of the school district's class size
449	reduction operating categorical.
450	(b) Beginning in the 2006-2007 school year, the
451	Commissioner of Education shall determine by January 15 of each
452	year which school districts have not met the two-student-per-
453	year reduction required in subsection (3) based upon a
454	comparison of the school district's October student membership
455	survey for the current school year and the March 2003 baseline
456	student membership survey. The commissioner shall report such
457	school districts to the Legislature. Each school district that
458	has not met the two-student-per-year reduction shall be required
459	to implement one of the following policies in the subsequent
460	school year unless the commissioner finds that the school
461	district comes into compliance based upon the February student
462	membership survey:
463	1. Year-round schools;
464	2. Double sessions;
465	3. Florida Learning Access Grants, pursuant to s.
466	1002.395;
467	4. Rezoning; or
468	5. Maximizing use of instructional staff by changing
469	required teacher loads and scheduling of planning periods,
470	deploying school district employees who have professional
471	certification to the classroom, using adjunct educators,
472	operating schools beyond the normal operating hours to provide
473	classes in the evening, or operating more than one session of
474	school during the day.
475	A school district that is required to implement one of the
476	policies outlined in subparagraphs 1.-5. shall correct in the
477	year of implementation any past deficiencies and bring the
478	school district into compliance with the two-student-per-year
479	reduction requirements pursuant to subsection (3). A school
480	district may choose to implement more than one of these
481	policies. The district school superintendent shall report to the
482	Commissioner of Education the extent to which the school
483	district implemented any of the policies outlined in
484	subparagraphs 1.-5. in a format to be specified by the
485	commissioner. The commissioner shall use the enforcement
486	authority provided in s. 1008.32 to ensure that school districts
487	comply with the provisions of this paragraph.
488	(c) Beginning in the 2007-2008 school year, the
489	Commissioner of Education shall annually determine which school
490	districts do not meet the requirements described in subsection
491	(3). In addition to enforcement authority provided in s.
492	1008.32, the commissioner shall develop a constitutional
493	compliance plan for each such school district that includes, but
494	is not limited to, redrawing school attendance zones to maximize
495	use of facilities while minimizing the additional use of
496	transportation, unless the commissioner finds that the school
497	district comes into compliance based upon the February student
498	membership survey and the other accountability policies listed
499	in paragraph (b). Each district school board shall implement
500	its constitutional compliance plan developed by the commissioner
501	until the school district complies with the constitutional class
502	size maximums.
503	Section 4. Section 1011.685, Florida Statutes, is created
504	to read:
505	1011.685 Class size reduction; operating categorical
506	fund.--
507	(1) There is created an operating categorical fund for
508	implementing the class size reduction provisions of s. 1, Art.
509	IX of the State Constitution. These funds shall be allocated to
510	each school district based on the school district's
511	proportionate share of FEFP base funding. Funds shall be
512	released upon the State Board of Education's approval of the
513	school district's class size reduction plan.
514	(2) Class size reduction operating categorical funds shall
515	be used by school districts for the following:
516	(a) To reduce class size in any lawful manner if the
517	school district has not met the constitutional class size
518	maximums identified in s. 1003.03(2) or the two-student-per-year
519	reduction required by s. 1003.03(3).
520	(b) Upon satisfying the requirements of paragraph (a), to
521	implement the requirements of ss. 1011.63 and 1012.231(2).
522	(c) Upon satisfying the requirements of paragraphs (a) and
523	(b), for any lawful operating expenditure; however, priority
524	should be given to increasing the salary of career teachers as
525	defined in s. 1012.231(2)(b).
526	(3) Notwithstanding the provisions of s. 1011.71(2), a
527	school district receiving funds under this section is authorized
528	until June 30, 2006, to use up to 2 mills of its nonvoted
529	capital improvement millage for any lawful operating expenditure
530	if the school district has met the constitutional class size
531	maximums identified in s. 1003.03(2); however, priority should
532	be given to increasing the salary of career teachers as defined
533	in s. 1012.231(2)(b). In order to exercise the authority of this
534	subsection, the school district must:
535	(a) Hold a public hearing that clearly communicates the
536	school district’s purpose for the use of the funds and, during a
537	regularly scheduled meeting of the district school board, vote
538	to use such funds in the manner and for the purpose identified
539	in the public hearing.
540	(b) Annually report to the Department of Education the
541	amount of funds used and the operating expenditures for which
542	the funds were used.
543	(4) The Department of Education shall collect all such
544	reports and shall report to the Governor, the President of the
545	Senate, and the Speaker of the House of Representatives by
546	December 31 of each year a summary of each school district’s use
547	of nonvoted capital improvement millage for operating
548	expenditures, including a summary of the amount of funds used
549	and the operating expenditures for which the funds were used.
550	(5) No later than June 30, 2006, the Legislature shall
551	review such reports for purposes of determining whether any
552	school district expended nonvoted capital improvement millage
553	while failing to comply with subsection (3) or any other
554	provision of law. Upon such review, if the Legislature so
555	directs, the Department of Education shall withhold from the
556	school district’s allocation from the Public Education Capital
557	Outlay and Debt Service Trust Fund no less than an amount of
558	funds equivalent to the amount determined by the Legislature to
559	have been so expended.
560	Section 5. Section 1013.735, Florida Statutes, is created
561	to read:
562	1013.735 Class Size Reduction Infrastructure Program.--
563	(1) ALLOCATION.--The Department of Education shall
564	allocate funds appropriated for the Class Size Reduction
565	Infrastructure Program, which is hereby established.
566	(2) DISTRICT PARTICIPATION.--In order to participate in
567	the Class Size Reduction Infrastructure Program, a district
568	school board shall:
569	(a) Enter into an interlocal agreement pursuant to s.
570	1013.33.
571	(b) Certify that the school district's inventory of
572	facilities listed in the Florida Inventory of School Houses is
573	accurate and up to date pursuant to s. 1013.31.
574	(c) Receive approval from the State Board of Education for
575	a capital outlay expenditure plan that is based on documented
576	infrastructure need and is limited only to construction,
577	renovation, and remodeling expenditures and purchase or lease-
578	purchase of relocatables for class size reduction.
579	(3) USE OF FUNDS.--In order to increase capacity to reduce
580	class size, a district school board shall expend the funds
581	received pursuant to this section only to:
582	(a) Construct, renovate, remodel, or repair educational
583	facilities that reduce class size and are in excess of funded
584	projects identified in the school district's 5-year work program
585	adopted prior to March 15, 2003; or
586	(b) Purchase or lease-purchase relocatable facilities that
587	are in excess of relocatables identified in the school
588	district's 5-year work program adopted prior to March 15, 2003.
589	Section 6. Effective upon this act becoming a law, section
590	1013.736, Florida Statutes, is created to read:
591	1013.736 District Effort Recognition Program.--
592	(1) RECOGNITION FUNDS.--From funds appropriated by the
593	Legislature, district effort recognition capital outlay grants
594	shall be made to eligible school districts in accordance with
595	the provisions of this section and the General Appropriations
596	Act. The funds appropriated in this section are not subject to
597	the provisions of s. 216.301.
598	(2) ELIGIBILITY.--Annually, the Department of Education
599	shall determine each school district's compliance with the
600	provisions of s. 1003.03 and determine the school district's
601	eligibility to receive a district effort recognition grant for
602	local school facilities projects pursuant to this section.
603	School districts shall be eligible for a district effort
604	recognition grant based upon participation in any of the
605	following:
606	(a) The school district levies a half-cent school capital
607	outlay sales surtax authorized in s. 212.055(6).
608	(b) The school district participates in the levy of the
609	local government infrastructure sales surtax authorized in s.
610	212.055(2).
611	(c) The school district levies voted millage for capital
612	outlay purposes as authorized in s. 9, Art. VII of the State
613	Constitution.
614	(d) The school district levies the full 2 mills of
615	nonvoted discretionary capital outlay millage authorized by s.
616	1011.71(2).
617	(e) The school district receives proceeds of school impact
618	fees greater than $500 per dwelling unit.
619	(3) ALLOCATION AND DISTRIBUTION OF FUNDS.--The department
620	shall allocate the annual amount of funds provided among all
621	eligible school districts based upon the school district's plan
622	approved by the State Board of Education and documented
623	infrastructure need, which shall be limited solely to
624	construction, renovation, and remodeling expenditures and
625	purchase or lease-purchase of relocatables for class size
626	reduction.
627	Section 7. Section 1013.737, Florida Statutes, is created
628	to read:
629	1013.737 Class Size Reduction Lottery Revenue Bond
630	Program.--There is established the Class Size Reduction Lottery
631	Revenue Bond Program.
632	(1) The issuance of revenue bonds is authorized to finance
633	or refinance the construction, acquisition, reconstruction, or
634	renovation of educational facilities. Such bonds shall be issued
635	pursuant to and in compliance with the provisions of s. 11(d),
636	Art. VII of the State Constitution, the provisions of the State
637	Bond Act, ss. 215.57-215.83, as amended, and the provisions of
638	this section.
639	(2) The bonds are payable from, and secured by a first
640	lien on, the first lottery revenues transferred to the
641	Educational Enhancement Trust Fund each fiscal year, as provided
642	by s. 24.121(2), and do not constitute a general obligation of,
643	or a pledge of the full faith and credit of, the state.
644	(3) The state hereby covenants with the holders of such
645	revenue bonds that it will not take any action that will
646	materially and adversely affect the rights of such holders so
647	long as bonds authorized by this section are outstanding. The
648	state does hereby additionally authorize the establishment of a
649	covenant in connection with the bonds which provides that any
650	additional funds received by the state from new or enhanced
651	lottery programs or other similar activities will first be
652	available for payments relating to bonds pledging revenues
653	available pursuant to s. 24.121(2) prior to use for any other
654	purpose.
655	(4) The bonds shall be issued by the Division of Bond
656	Finance of the State Board of Administration on behalf of the
657	Department of Education in such amount as shall be requested by
658	resolution of the State Board of Education. However, the total
659	principal amount of bonds, excluding refunding bonds, issued
660	pursuant to this section shall not exceed $600 million.
661	(5) Proceeds available from the sale of the bonds shall be
662	deposited in the Lottery Capital Outlay and Debt Service Trust
663	Fund within the Department of Education.
664	(6) The facilities to be financed with the proceeds of
665	such bonds are designated as state fixed capital outlay projects
666	for purposes of s. 11(d), Art. VII of the State Constitution,
667	and the specific facilities to be financed shall be determined
668	in accordance with state law and appropriations from the
669	Educational Enhancement Trust Fund. Prior to the release of
670	funds, the State Board of Education must approve each school
671	district's expenditure plan, which plan must be based on
672	documented infrastructure need and be limited solely to
673	construction, renovation, and remodeling expenditures and
674	purchase or lease-purchase of relocatables for class size
675	reduction. Projects shall be funded from the Lottery Capital
676	Outlay and Debt Service Trust Fund. Each educational facility to
677	be financed with the proceeds of the bonds issued pursuant to
678	this section is hereby approved as required by s. 11(f), Art.
679	VII of the State Constitution.
680	(7) Any complaint for validation of such bonds is required
681	to be filed only in the circuit court of the county where the
682	seat of state government is situated. The notice required to be
683	published by s. 75.06 is required to be published only in the
684	county where the complaint is filed, and the complaint and order
685	of the circuit court need be served only on the state attorney
686	of the circuit in which the action is pending.
687	(8) The Commissioner of Education shall provide for timely
688	encumbrances of funds for duly authorized projects. Encumbrances
689	may include proceeds to be received under a resolution approved
690	by the State Board of Education authorizing issuance of class
691	size reduction lottery bonds pursuant to s. 11(d), Art. VII of
692	the State Constitution, this section, and other applicable law.
693	Section 8. Subsection (2) of section 24.121, Florida
694	Statutes, is amended to read:
695	24.121 Allocation of revenues and expenditure of funds for
696	public education.--
697	(2) Each fiscal year, at least 38 percent of the gross
698	revenue from the sale of on-line lottery tickets, variable
699	percentages of the gross revenue from the sale of instant
700	lottery tickets as determined by the department consistent with
701	subsection (1), and other earned revenue, excluding application
702	processing fees, shall be deposited in the Educational
703	Enhancement Trust Fund, which is hereby created in the State
704	Treasury to be administered by the Department of Education. The
705	Department of the Lottery shall transfer moneys to the
706	Educational Enhancement Trust Fund at least once each quarter.
707	Funds in the Educational Enhancement Trust Fund shall be used to
708	the benefit of public education in accordance with the
709	provisions of this act. Notwithstanding any other provision of
710	law, a maximum of $180 million oflottery revenues transferred
711	to the Educational Enhancement Trust Fund in fiscal year 1997-
712	1998 and for 30 years thereaftershall be reserved as needed and
713	used to meet the requirements of the documents authorizing the
714	bonds issued by the state pursuant to s. 1013.68,or s. 1013.70,
715	or s. 1013.737or distributed to school districts for the
716	Classrooms First Program as provided in s. 1013.68. Such lottery
717	revenues are hereby pledged to the payment of debt service on
718	bonds issued by the state pursuant to s. 1013.68,or s. 1013.70,
719	or s. 1013.737. Debt service payable on bonds issued by the
720	state pursuant to s. 1013.68,or s. 1013.70, or s. 1013.737
721	shall be payable from, and are secured by a first lien on,the
722	first lottery revenues transferred to the Educational
723	Enhancement Trust Fund in each fiscal year. Amounts
724	distributable to school districts that request the issuance of
725	bonds pursuant to s. 1013.68(3) are hereby pledged to such bonds
726	pursuant to s. 11(d), Art. VII of the State Constitution. The
727	amounts distributed through the Classrooms First Program shall
728	equal $145 million in each fiscal year. These funds are intended
729	to provide up to $2.5 billion for public school facilities.
730	Section 9. Effective upon this act becoming a law,
731	subsection (13) of section 121.091, Florida Statutes, is amended
732	to read:
733	121.091 Benefits payable under the system.-- Benefits may
734	not be paid under this section unless the member has terminated
735	employment as provided in s. 121.021(39)(a) or begun
736	participation in the Deferred Retirement Option Program as
737	provided in subsection (13), and a proper application has been
738	filed in the manner prescribed by the department. The department
739	may cancel an application for retirement benefits when the
740	member or beneficiary fails to timely provide the information
741	and documents required by this chapter and the department's
742	rules. The department shall adopt rules establishing procedures
743	for application for retirement benefits and for the cancellation
744	of such application when the required information or documents
745	are not received.
746	(13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
747	subject to the provisions of this section, the Deferred
748	Retirement Option Program, hereinafter referred to as the DROP,
749	is a program under which an eligible member of the Florida
750	Retirement System may elect to participate, deferring receipt of
751	retirement benefits while continuing employment with his or her
752	Florida Retirement System employer. The deferred monthly
753	benefits shall accrue in the System Trust Fund on behalf of the
754	participant, plus interest compounded monthly, for the specified
755	period of the DROP participation, as provided in paragraph (c).
756	Upon termination of employment, the participant shall receive
757	the total DROP benefits and begin to receive the previously
758	determined normal retirement benefits. Participation in the DROP
759	does not guarantee employment for the specified period of DROP.
760	Participation in the DROP by an eligible member beyond the
761	initial 60-month period as authorized in this subsection shall
762	be on an annual contractual basis for all participants.
763	(a) Eligibility of member to participate in the DROP.--All
764	active Florida Retirement System members in a regularly
765	established position, and all active members of either the
766	Teachers' Retirement System established in chapter 238 or the
767	State and County Officers' and Employees' Retirement System
768	established in chapter 122 which systems are consolidated within
769	the Florida Retirement System under s. 121.011, are eligible to
770	elect participation in the DROP provided that:
771	1. The member is not a renewed member of the Florida
772	Retirement System under s. 121.122, or a member of the State
773	Community College System Optional Retirement Program under s.
774	121.051, the Senior Management Service Optional Annuity Program
775	under s. 121.055, or the optional retirement program for the
776	State University System under s. 121.35.
777	2. Except as provided in subparagraph 6., election to
778	participate is made within 12 months immediately following the
779	date on which the member first reaches normal retirement date,
780	or, for a member who reaches normal retirement date based on
781	service before he or she reaches age 62, or age 55 for Special
782	Risk Class members, election to participate may be deferred to
783	the 12 months immediately following the date the member attains
784	57, or age 52 for Special Risk Class members. For a member who
785	first reached normal retirement date or the deferred eligibility
786	date described above prior to the effective date of this
787	section, election to participate shall be made within 12 months
788	after the effective date of this section. A member who fails to
789	make an election within such 12-month limitation period shall
790	forfeit all rights to participate in the DROP. The member shall
791	advise his or her employer and the division in writing of the
792	date on which the DROP shall begin. Such beginning date may be
793	subsequent to the 12-month election period, but must be within
794	the 60-month or, with respect to members who are instructional
795	or administrative personnel employed by a community college in
796	areas of critical need identified by the district board of
797	trustees and who have received authorization by the district
798	board of trustees to participate in the DROP beyond 60 months,
799	or who are instructional or administrative personnel employed by
800	the Florida School for the Deaf and the Blind and who have
801	received authorization by the Board of Trustees of the Florida
802	School for the Deaf and the Blind to participate in the DROP
803	beyond 60 months, or who are instructional personnel as defined
804	in s. 1012.01(2)(a)-(d) in grades K-12 or administrative
805	personnel as defined in s. 1012.01(3) in grades K-12 and who
806	have received authorization by the district school
807	superintendent to participate in the DROP beyond 60 months, the
808	96-monthlimitation period as provided in subparagraph (b)1.
809	When establishing eligibility of the member to participate in
810	the DROP for the 60-month or, with respect to members who are
811	instructional or administrative personnel employed by a
812	community college in areas of critical need identified by the
813	district board of trustees and who have received authorization
814	by the district board of trustees to participate in the DROP
815	beyond 60 months, or who are instructional or administrative
816	personnel employed by the Florida School for the Deaf and the
817	Blind and who have received authorization by the Board of
818	Trustees of the Florida School for the Deaf and the Blind to
819	participate in the DROP beyond 60 months, or who are
820	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
821	grades K-12 or administrative personnel as defined in s.
822	1012.01(3) in grades K-12 and who have received authorization by
823	the district school superintendent to participate in the DROP
824	beyond 60 months, the 96-monthmaximum participation period, the
825	member may elect to include or exclude any optional service
826	credit purchased by the member from the total service used to
827	establish the normal retirement date. A member with dual normal
828	retirement dates shall be eligible to elect to participate in
829	DROP within 12 months after attaining normal retirement date in
830	either class.
831	3. The employer of a member electing to participate in the
832	DROP, or employers if dually employed, shall acknowledge in
833	writing to the division the date the member's participation in
834	the DROP begins and the date the member's employment and DROP
835	participation will terminate.
836	4. Simultaneous employment of a participant by additional
837	Florida Retirement System employers subsequent to the
838	commencement of participation in the DROP shall be permissible
839	provided such employers acknowledge in writing a DROP
840	termination date no later than the participant's existing
841	termination date or the 60-month limitation period as provided
842	in subparagraph (b)1.
843	5. A DROP participant may change employers while
844	participating in the DROP, subject to the following:
845	a. A change of employment must take place without a break
846	in service so that the member receives salary for each month of
847	continuous DROP participation. If a member receives no salary
848	during a month, DROP participation shall cease unless the
849	employer verifies a continuation of the employment relationship
850	for such participant pursuant to s. 121.021(39)(b).
851	b. Such participant and new employer shall notify the
852	division on forms required by the division as to the identity of
853	the new employer.
854	c. The new employer shall acknowledge, in writing, the
855	participant's DROP termination date, which may be extended but
856	not beyond the original 60-month or, with respect to members who
857	are instructional or administrative personnel employed by a
858	community college in areas of critical need identified by the
859	district board of trustees and who have received authorization
860	by the district board of trustees to participate in the DROP
861	beyond 60 months, or who are instructional or administrative
862	personnel employed by the Florida School for the Deaf and the
863	Blind and who have received authorization by the Board of
864	Trustees of the Florida School for the Deaf and the Blind to
865	participate in the DROP beyond 60 months, or who are
866	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
867	grades K-12 or administrative personnel as defined in s.
868	1012.01(3) in grades K-12 and who have received authorization by
869	the district school superintendent to participate in the DROP
870	beyond 60 months, the 96-monthperiod provided in subparagraph
871	(b)1., shall acknowledge liability for any additional retirement
872	contributions and interest required if the participant fails to
873	timely terminate employment, and shall be subject to the
874	adjustment required in sub-subparagraph (c)5.d.
875	6. Effective July 1, 2001, for instructional personnel as
876	defined in s. 1012.01(2), election to participate in the DROP
877	shall be made at any time following the date on which the member
878	first reaches normal retirement date. The member shall advise
879	his or her employer and the division in writing of the date on
880	which the Deferred Retirement Option Program shall begin. When
881	establishing eligibility of the member to participate in the
882	DROP for the 60-month or, with respect to members who are
883	instructional or administrative personnel employed by a
884	community college in areas of critical need identified by the
885	district board of trustees and who have received authorization
886	by the district board of trustees to participate in the DROP
887	beyond 60 months, or who are instructional or administrative
888	personnel employed by the Florida School for the Deaf and the
889	Blind and who have received authorization by the Board of
890	Trustees of the Florida School for the Deaf and the Blind to
891	participate in the DROP beyond 60 months, or who are
892	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
893	grades K-12 or administrative personnel as defined in s.
894	1012.01(3) in grades K-12 and who have received authorization by
895	the district school superintendent to participate in the DROP
896	beyond 60 months, the 96-monthmaximum participation period, as
897	provided in subparagraph (b)1., the member may elect to include
898	or exclude any optional service credit purchased by the member
899	from the total service used to establish the normal retirement
900	date. A member with dual normal retirement dates shall be
901	eligible to elect to participate in either class.
902	(b) Participation in the DROP.—
903	1. An eligible member may elect to participate in the DROP
904	for a period not to exceed a maximum of 60 calendar months or,
905	with respect to members who are instructional or administrative
906	personnel employed by a community college in areas of critical
907	need identified by the district board of trustees and who have
908	received authorization by the district board of trustees to
909	participate in the DROP beyond the initial 60 calendar months on
910	an annual contractual basis, or who are instructional or
911	administrative personnel employed by the Florida School for the
912	Deaf and the Blind and who have received authorization by the
913	Board of Trustees of the Florida School for the Deaf and the
914	Blind to participate in the DROP beyond the initial 60 calendar
915	months on an annual contractual basis, or who are instructional
916	personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12 or
917	administrative personnel as defined in s. 1012.01(3) in grades
918	K-12 and who have received authorization by the district school
919	superintendent to participate in the DROP beyond the initial 60
920	calendar months on an annual contractual basis, a maximum of 96
921	calendar monthsimmediately following the date on which the
922	member first reaches his or her normal retirement date or the
923	date to which he or she is eligible to defer his or her election
924	to participate as provided in subparagraph (a)2. However, a
925	member who has reached normal retirement date prior to the
926	effective date of the DROP shall be eligible to participate in
927	the DROP for a period of time not to exceed 60 calendar months
928	or, with respect to members who are instructional or
929	administrative personnel employed by a community college in
930	areas of critical need identified by the district board of
931	trustees and who have received authorization by the district
932	board of trustees to participate in the DROP beyond the initial
933	60 calendar months on an annual contractual basis, or who are
934	instructional or administrative personnel employed by the
935	Florida School for the Deaf and the Blind and who have received
936	authorization by the Board of Trustees of the Florida School for
937	the Deaf and the Blind to participate in the DROP beyond the
938	initial 60 calendar months on an annual contractual basis, or
939	who are instructional personnel as defined in s. 1012.01(2)(a)-
940	(d) in grades K-12 or administrative personnel as defined in s.
941	1012.01(3) in grades K-12 and who have received authorization by
942	the district school superintendent to participate in the DROP
943	beyond the initial 60 calendar months on an annual contractual
944	basis, a maximum of 96 calendar monthsimmediately following the
945	effective date of the DROP, except a member of the Special Risk
946	Class who has reached normal retirement date prior to the
947	effective date of the DROP and whose total accrued value exceeds
948	75 percent of average final compensation as of his or her
949	effective date of retirement shall be eligible to participate in
950	the DROP for no more than 36 calendar months immediately
951	following the effective date of the DROP.
952	2. Upon deciding to participate in the DROP, the member
953	shall submit, on forms required by the division:
954	a. A written election to participate in the DROP;
955	b. Selection of the DROP participation and termination
956	dates, which satisfy the limitations stated in paragraph (a) and
957	subparagraph 1. Such termination date shall be in a binding
958	letter of resignation with the employer, establishing a deferred
959	termination date. The member may change the termination date
960	within the limitations of subparagraph 1., but only with the
961	written approval of his or her employer;
962	c. A properly completed DROP application for service
963	retirement as provided in this section; and
964	d. Any other information required by the division.
965	3. The DROP participant shall be a retiree under the
966	Florida Retirement System for all purposes, except for paragraph
967	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
968	and 121.122. However, participation in the DROP does not alter
969	the participant's employment status and such employee shall not
970	be deemed retired from employment until his or her deferred
971	resignation is effective and termination occurs as provided in
972	s. 121.021(39).
973	4. Elected officers shall be eligible to participate in
974	the DROP subject to the following:
975	a. An elected officer who reaches normal retirement date
976	during a term of office may defer the election to participate in
977	the DROP until the next succeeding term in that office. Such
978	elected officer who exercises this option may participate in the
979	DROP for up to 60 calendar months or a period of no longer than
980	such succeeding term of office, whichever is less.
981	b. An elected or a nonelected participant may run for a
982	term of office while participating in DROP and, if elected,
983	extend the DROP termination date accordingly, except, however,
984	if such additional term of office exceeds the 60-month
985	limitation established in subparagraph 1., and the officer does
986	not resign from office within such 60-month limitation, the
987	retirement and the participant's DROP shall be null and void as
988	provided in sub-subparagraph (c)5.d.
989	c. An elected officer who is dually employed and elects to
990	participate in DROP shall be required to satisfy the definition
991	of termination within the 60-month or, with respect to members
992	who are instructional or administrative personnel employed by a
993	community college in areas of critical need identified by the
994	district board of trustees and who have received authorization
995	by the district board of trustees to participate in the DROP
996	beyond 60 months, or who are instructional or administrative
997	personnel employed by the Florida School for the Deaf and the
998	Blind and who have received authorization by the Board of
999	Trustees of the Florida School for the Deaf and the Blind to
1000	participate in the DROP beyond 60 months, or who are
1001	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
1002	grades K-12 or administrative personnel as defined in s.
1003	1012.01(3) in grades K-12 and who have received authorization by
1004	the district school superintendent to participate in the DROP
1005	beyond 60 months, the 96-monthlimitation period as provided in
1006	subparagraph 1. for the nonelected position and may continue
1007	employment as an elected officer as provided in s. 121.053. The
1008	elected officer will be enrolled as a renewed member in the
1009	Elected Officers' Class or the Regular Class, as provided in ss.
1010	121.053 and 121.22, on the first day of the month after
1011	termination of employment in the nonelected position and
1012	termination of DROP. Distribution of the DROP benefits shall be
1013	made as provided in paragraph (c).
1014	(c) Benefits payable under the DROP.--
1015	1. Effective with the date of DROP participation, the
1016	member's initial normal monthly benefit, including creditable
1017	service, optional form of payment, and average final
1018	compensation, and the effective date of retirement shall be
1019	fixed. The beneficiary established under the Florida Retirement
1020	System shall be the beneficiary eligible to receive any DROP
1021	benefits payable if the DROP participant dies prior to the
1022	completion of the period of DROP participation. In the event a
1023	joint annuitant predeceases the member, the member may name a
1024	beneficiary to receive accumulated DROP benefits payable. Such
1025	retirement benefit, the annual cost of living adjustments
1026	provided in s. 121.101, and interest shall accrue monthly in the
1027	System Trust Fund. Such interest shall accrue at an effective
1028	annual rate of 6.5 percent compounded monthly, on the prior
1029	month's accumulated ending balance, up to the month of
1030	termination or death.
1031	2. Each employee who elects to participate in the DROP
1032	shall be allowed to elect to receive a lump-sum payment for
1033	accrued annual leave earned in accordance with agency policy
1034	upon beginning participation in the DROP. Such accumulated leave
1035	payment certified to the division upon commencement of DROP
1036	shall be included in the calculation of the member's average
1037	final compensation. The employee electing such lump-sum payment
1038	upon beginning participation in DROP will not be eligible to
1039	receive a second lump-sum payment upon termination, except to
1040	the extent the employee has earned additional annual leave which
1041	combined with the original payment does not exceed the maximum
1042	lump-sum payment allowed by the employing agency's policy or
1043	rules. Such early lump-sum payment shall be based on the hourly
1044	wage of the employee at the time he or she begins participation
1045	in the DROP. If the member elects to wait and receive such lump-
1046	sum payment upon termination of DROP and termination of
1047	employment with the employer, any accumulated leave payment made
1048	at that time cannot be included in the member's retirement
1049	benefit, which was determined and fixed by law when the employee
1050	elected to participate in the DROP.
1051	3. The effective date of DROP participation and the
1052	effective date of retirement of a DROP participant shall be the
1053	first day of the month selected by the member to begin
1054	participation in the DROP, provided such date is properly
1055	established, with the written confirmation of the employer, and
1056	the approval of the division, on forms required by the division.
1057	4. Normal retirement benefits and interest thereon shall
1058	continue to accrue in the DROP until the established termination
1059	date of the DROP, or until the participant terminates employment
1060	or dies prior to such date. Although individual DROP accounts
1061	shall not be established, a separate accounting of each
1062	participant's accrued benefits under the DROP shall be
1063	calculated and provided to participants.
1064	5. At the conclusion of the participant's DROP, the
1065	division shall distribute the participant's total accumulated
1066	DROP benefits, subject to the following provisions:
1067	a. The division shall receive verification by the
1068	participant's employer or employers that such participant has
1069	terminated employment as provided in s. 121.021(39)(b).
1070	b. The terminated DROP participant or, if deceased, such
1071	participant's named beneficiary, shall elect on forms provided
1072	by the division to receive payment of the DROP benefits in
1073	accordance with one of the options listed below. For a
1074	participant or beneficiary who fails to elect a method of
1075	payment within 60 days of termination of the DROP, the division
1076	will pay a lump sum as provided in sub-sub-subparagraph (I).
1077	(I) Lump sum.--All accrued DROP benefits, plus interest,
1078	less withholding taxes remitted to the Internal Revenue Service,
1079	shall be paid to the DROP participant or surviving beneficiary.
1080	(II) Direct rollover.--All accrued DROP benefits, plus
1081	interest, shall be paid from the DROP directly to the custodian
1082	of an eligible retirement plan as defined in s. 402(c)(8)(B) of
1083	the Internal Revenue Code. However, in the case of an eligible
1084	rollover distribution to the surviving spouse of a deceased
1085	participant, an eligible retirement plan is an individual
1086	retirement account or an individual retirement annuity as
1087	described in s. 402(c)(9) of the Internal Revenue Code.
1088	(III) Partial lump sum.--A portion of the accrued DROP
1089	benefits shall be paid to the DROP participant or surviving
1090	spouse, less withholding taxes remitted to the Internal Revenue
1091	Service, and the remaining DROP benefits shall be transferred
1092	directly to the custodian of an eligible retirement plan as
1093	defined in s. 402(c)(8)(B) of the Internal Revenue Code.
1094	However, in the case of an eligible rollover distribution to the
1095	surviving spouse of a deceased participant, an eligible
1096	retirement plan is an individual retirement account or an
1097	individual retirement annuity as described in s. 402(c)(9) of
1098	the Internal Revenue Code. The proportions shall be specified by
1099	the DROP participant or surviving beneficiary.
1100	c. The form of payment selected by the DROP participant or
1101	surviving beneficiary complies with the minimum distribution
1102	requirements of the Internal Revenue Code.
1103	d. A DROP participant who fails to terminate employment as
1104	defined in s. 121.021(39)(b) shall be deemed not to be retired,
1105	and the DROP election shall be null and void. Florida Retirement
1106	System membership shall be reestablished retroactively to the
1107	date of the commencement of the DROP, and each employer with
1108	whom the participant continues employment shall be required to
1109	pay to the System Trust Fund the difference between the DROP
1110	contributions paid in paragraph (i) and the contributions
1111	required for the applicable Florida Retirement System class of
1112	membership during the period the member participated in the
1113	DROP, plus 6.5 percent interest compounded annually.
1114	6. The accrued benefits of any DROP participant, and any
1115	contributions accumulated under such program, shall not be
1116	subject to assignment, execution, attachment, or to any legal
1117	process whatsoever, except for qualified domestic relations
1118	orders by a court of competent jurisdiction, income deduction
1119	orders as provided in s. 61.1301, and federal income tax levies.
1120	7. DROP participants shall not be eligible for disability
1121	retirement benefits as provided in subsection (4).
1122	(d) Death benefits under the DROP.--
1123	1. Upon the death of a DROP participant, the named
1124	beneficiary shall be entitled to apply for and receive the
1125	accrued benefits in the DROP as provided in sub-subparagraph
1126	(c)5.b.
1127	2. The normal retirement benefit accrued to the DROP
1128	during the month of a participant's death shall be the final
1129	monthly benefit credited for such DROP participant.
1130	3. Eligibility to participate in the DROP terminates upon
1131	death of the participant. If the participant dies on or after
1132	the effective date of enrollment in the DROP, but prior to the
1133	first monthly benefit being credited to the DROP, Florida
1134	Retirement System benefits shall be paid in accordance with
1135	subparagraph (7)(c)1. or subparagraph 2.
1136	4. A DROP participants' survivors shall not be eligible to
1137	receive Florida Retirement System death benefits as provided in
1138	paragraph (7)(d).
1139	(e) Cost-of-living adjustment.--On each July 1, the
1140	participants' normal retirement benefit shall be increased as
1141	provided in s. 121.101.
1142	(f) Retiree health insurance subsidy.--DROP participants
1143	are not eligible to apply for the retiree health insurance
1144	subsidy payments as provided in s. 112.363 until such
1145	participants have terminated employment and participation in the
1146	DROP.
1147	(g) Renewed membership.--DROP participants shall not be
1148	eligible for renewed membership in the Florida Retirement System
1149	under ss. 121.053 and 121.122 until termination of employment is
1150	effectuated as provided in s. 121.021(39)(b).
1151	(h) Employment limitation after DROP participation.--Upon
1152	satisfying the definition of termination of employment as
1153	provided in s. 121.021(39)(b), DROP participants shall be
1154	subject to such reemployment limitations as other retirees.
1155	Reemployment restrictions applicable to retirees as provided in
1156	subsection (9) shall not apply to DROP participants until their
1157	employment and participation in the DROP are terminated.
1158	(i) Contributions.--
1159	1. All employers paying the salary of a DROP participant
1160	filling a regularly established position shall contribute 8.0
1161	percent of such participant's gross compensation for the period
1162	of July 1, 2002, through June 30, 2003, and 11.56 percent of
1163	such compensation thereafter, which shall constitute the entire
1164	employer DROP contribution with respect to such participant.
1165	Such contributions, payable to the System Trust Fund in the same
1166	manner as required in s. 121.071, shall be made as appropriate
1167	for each pay period and are in addition to contributions
1168	required for social security and the Retiree Health Insurance
1169	Subsidy Trust Fund. Such employer, social security, and health
1170	insurance subsidy contributions are not included in the DROP.
1171	2. The employer shall, in addition to subparagraph 1.,
1172	also withhold one-half of the entire social security
1173	contribution required for the participant. Contributions for
1174	social security by each participant and each employer, in the
1175	amount required for social security coverage as now or hereafter
1176	provided by the federal Social Security Act, shall be in
1177	addition to contributions specified in subparagraph 1.
1178	3. All employers paying the salary of a DROP participant
1179	filling a regularly established position shall contribute the
1180	percent of such participant's gross compensation required in s.
1181	121.071(4), which shall constitute the employer's health
1182	insurance subsidy contribution with respect to such participant.
1183	Such contributions shall be deposited by the administrator in
1184	the Retiree Health Insurance Subsidy Trust Fund.
1185	(j) Forfeiture of retirement benefits.--Nothing in this
1186	section shall be construed to remove DROP participants from the
1187	scope of s. 8(d), Art. II of the State Constitution, s.
1188	112.3173, and paragraph (5)(f). DROP participants who commit a
1189	specified felony offense while employed will be subject to
1190	forfeiture of all retirement benefits, including DROP benefits,
1191	pursuant to those provisions of law.
1192	(k) Administration of program.--The division shall make
1193	such rules as are necessary for the effective and efficient
1194	administration of this subsection. The division shall not be
1195	required to advise members of the federal tax consequences of an
1196	election related to the DROP but may advise members to seek
1197	independent advice.
1198	Section 10. Subsection (20) of section 1001.42, Florida
1199	Statutes, is amended to read:
1200	1001.42 Powers and duties of district school board.--The
1201	district school board, acting as a board, shall exercise all
1202	powers and perform all duties listed below:
1203	(20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
1204	anonymity of students in large schools, adopt policies to
1205	encourage any large school that does not meet the definition of
1206	a small school, as established by s. 1013.43(2),to subdivide
1207	into schools-within-a-school that shall operate within existing
1208	resources in accordance with the provisions of chapter 1003.
1209	Section 11. Section 1002.395, Florida Statutes, is created
1210	to read:
1211	1002.395 Florida Learning Access Grants.--
1212	(1) POPULAR NAME.--This section shall be known by the
1213	popular name the “Florida Learning Access Grants Program."
1214	(2) DISTRICT PARTICIPATION.--District school boards may
1215	choose to implement the Florida Learning Access Grants program
1216	as a strategy to reduce class size in their local school
1217	districts pursuant to s. 1003.03(4). District school boards may
1218	be required to participate in this program to reduce class size
1219	if the Commissioner of Education so determines pursuant to s.
1220	1003.03(5)(b).
1221	(3) PARENTAL CHOICE.--The parent of any K-12 student in a
1222	school district participating in the program pursuant to
1223	subsection (2) who is enrolled and in attendance during the
1224	October and February FTE enrollment counts in a Florida public
1225	school may, for the following school year:
1226	(a) Opt to have the student remain in the school in which
1227	the student is enrolled; or
1228	(b) Opt to request, on an annual basis, a Florida Learning
1229	Access Grant to assist the parent in paying for the student’s
1230	attendance at an eligible private school of the parent’s choice.
1231	The grant shall be in the amount of $3,500 in 2003 dollars,
1232	adjusted annually thereafter to reflect increases or decreases
1233	in the Consumer Price Index, or the tuition charged by the
1234	private school, whichever is less. The parent choosing a Florida
1235	Learning Access Grant shall be responsible for the child's
1236	transportation.
1237	(4) PARTICIPATING SCHOOL DISTRICT OBLIGATIONS.--Each
1238	school district participating in this program shall annually by
1239	February 22, for each K-12 student eligible under subsection
1240	(3), notify the parent that the school district has chosen to
1241	offer Florida Learning Access Grants and provide the parent with
1242	the parental choice options for the following school year as
1243	provided in subsection (3).
1244	(5) PARENT OBLIGATIONS.--
1245	(a) The parent shall notify the school district as to
1246	which of the options provided in subsection (3) the parent
1247	wishes to choose.
1248	1. Failure of the parent to provide notification shall
1249	constitute the choice of the option provided by paragraph
1250	(3)(a).
1251	2. If the parent chooses the option provided by paragraph
1252	(3)(b), the parent must:
1253	a. Obtain acceptance for admission of the student to a
1254	private school eligible under subsection (6) as soon as possible
1255	and inform the private school that the student will be using a
1256	Florida Learning Access Grant.
1257	b. Notify the Department of Education of the parent’s
1258	request for a Florida Learning Access Grant and the name and
1259	address of the selected private school.
1260	c. Agree to provide transportation for the student to the
1261	private school if necessary.
1262	d. Agree to pay any costs associated with the student’s
1263	attendance at the private school that exceed the annual amount
1264	of the Florida Learning Access Grant.
1265	e. Agree that the education provided by the private school
1266	selected shall satisfy the student’s full need for educational
1267	services from the student’s school.
1268	f. Ensure that the student takes a nationally normed
1269	examination as determined by the private school for each grade 3
1270	through 10. The results of the examination shall be provided to
1271	the parent.
1272	(b) After the first year of the student’s attendance at a
1273	private school under the Florida Learning Access Grants program,
1274	the parent must annually notify the Department of Education if
1275	the parent intends to renew the grant according to the
1276	provisions of subsection (8) in order for the student to
1277	continue in the program, together with the name and address of
1278	the private school selected for the student for the following
1279	year.
1280	(6) PRIVATE SCHOOL ELIGIBILITY.--Eligibility of a private
1281	school shall be determined by the parental oversight and
1282	accountability requirements that, coupled with the exercise of
1283	parental choice, are reasonably necessary to secure the
1284	educational public purpose. To be eligible to participate in the
1285	Florida Learning Access Grants program, a private school must be
1286	a Florida private school, may be sectarian or nonsectarian, and
1287	must:
1288	(a) Demonstrate fiscal soundness by being in operation for
1289	1 school year or provide the Department of Education with a
1290	statement by a certified public accountant confirming that the
1291	private school desiring to participate is insured and the owner
1292	or owners have sufficient capital or credit to operate the
1293	school for the upcoming year serving the number of students
1294	anticipated with expected revenues from tuition and other
1295	sources that may be reasonably expected. In lieu of such a
1296	statement, a surety bond or letter of credit for the amount
1297	equal to the Florida Learning Access Grant funds for any school
1298	year may be filed with the department.
1299	(b) Notify the Department of Education and the school
1300	district in the service areas in which the school is located of
1301	its intent to participate in the program under this section as
1302	early as possible, but no later than July 1 preceding the school
1303	year in which it intends to participate. The notice shall
1304	specify the grade levels and services that the private school
1305	has available for the Florida Learning Access Grants program.
1306	(c) Comply with the antidiscrimination provisions of 42
1307	U.S.C. s. 2002d.
1308	(d) Meet state and local health and safety laws and codes.
1309	(e) Comply with all state statutes applicable to the
1310	general regulation of private schools.
1311	(f) If a Florida Learning Access Grant student’s parent so
1312	requests, coordinate with the school district the locations and
1313	times for the student to take all statewide assessments pursuant
1314	to s. 1008.22.
1315	(7) INITIAL FLORIDA LEARNING ACCESS GRANTS.--
1316	(a) Initial Florida Learning Access Grants shall be
1317	offered on a first-come, first-served basis.
1318	(b) The number of initial Florida Learning Access Grants
1319	to be awarded shall be determined annually by the Department of
1320	Education based upon the department’s determination of the
1321	number that would be necessary to reduce class size to meet the
1322	school district’s two-student-per-year reduction requirements
1323	pursuant to s. 1003.03(3) or to meet the constitutional class
1324	size maximums described in s. 1003.03(2). However, district
1325	school boards may authorize more Florida Learning Access Grants
1326	than the number established by the department.
1327	(8) FLORIDA LEARNING ACCESS GRANT RENEWAL.--For purposes
1328	of educational continuity and parental choice, a Florida
1329	Learning Access Grant, once awarded, shall be renewable for as
1330	long as the parent is a Florida resident who opts for
1331	continuation of the grant for the student and the student
1332	lawfully attends an eligible private school through grade 12 or
1333	until the student graduates from high school. The Florida
1334	Learning Access Grant may be transferred from one eligible
1335	private school to another upon the school’s acceptance of the
1336	student and the parent’s provision of adequate notice to the
1337	Department of Education. A parent may, however, at any time opt
1338	to return the student to the public school.
1339	(9) FLORIDA LEARNING ACCESS GRANT DISBURSEMENT.--Upon
1340	proper documentation reviewed and approved by the Department of
1341	Education, the Chief Financial Officer shall make Florida
1342	Learning Access Grant payments in four equal amounts no later
1343	than September 1, November 1, February 1, and April 1 of each
1344	academic year. The initial payment shall be made after
1345	Department of Education verification of admission acceptance,
1346	and subsequent payments shall be made upon verification of the
1347	student’s continued enrollment and attendance at the private
1348	school. Payment must be by individual warrant made payable to
1349	the student’s parent and mailed by the Department of Education
1350	to the private school of the parent’s choice, and the parent
1351	shall restrictively endorse the warrant to the private school.
1352	(10) LIABILITY.--No liability shall arise on the part of
1353	the state based on the award or use of any Florida Learning
1354	Access Grant.
1355	(11) DEPARTMENT OF EDUCATION OBLIGATIONS.--
1356	(a)1. Upon notification of the number of students whose
1357	parents have opted to request initial Florida Learning Access
1358	Grants, the Department of Education shall transfer from general
1359	revenue funds appropriated to the school district the total
1360	amount of annual $3,500 grants for the school district’s
1361	students from the Florida Education Finance Program to a
1362	separate account for the disbursement of the initial Florida
1363	Learning Access Grants.
1364	2. The Department of Education shall, in its annual
1365	budget, provide for Florida Learning Access Grants for parents
1366	who wish their children to continue participation in the Florida
1367	Learning Access Grants program beyond the initial year of
1368	participation.
1369	(b) The Department of Education shall administer the
1370	Florida Learning Access Grants program, and the State Board of
1371	Education may adopt rules pursuant ss. 120.536(1) and 120.54 to
1372	implement the provisions of this section. However, the inclusion
1373	of eligible private schools within options available to Florida
1374	public school students does not expand the regulatory authority
1375	of the state, its officers, or any school district to impose any
1376	additional regulations on private schools beyond those
1377	reasonably necessary to enforce requirements expressly set forth
1378	in this section.
1379	Section 12. Section 1002.396, Florida Statutes, is created
1380	to read:
1381	1002.396 Kindergarten grants program.--
1382	(1) LEGISLATIVE INTENT; KINDERGARTEN GRANTS
1383	PROGRAM.--Recognizing the importance of each child having the
1384	best possible foundation for his or her success in school, it is
1385	the intent of the Legislature that the parents of a child who
1386	will have attained the age of 5 years on or before September 1
1387	of the school year or who is otherwise eligible to attend
1388	kindergarten in a Florida public school be given the option:
1389	(a) To enroll the child in and transport the child to
1390	kindergarten in any public school within the school district
1391	other than the school to which the child is assigned; or
1392	(b) To receive a kindergarten grant to enroll the child in
1393	an eligible private kindergarten of the parent's choice. The
1394	grant shall be in the amount of $3,500 in 2003 dollars, adjusted
1395	annually thereafter to reflect increases or decreases in the
1396	Consumer Price Index, or the tuition charged by the private
1397	kindergarten, whichever is less. The parent choosing a
1398	kindergarten grant shall be responsible for the child's
1399	transportation.
1400	(2) PARENT OBLIGATIONS.--
1401	(a) The parent choosing to participate in the kindergarten
1402	grants program shall notify the school district as to which of
1403	the options provided in subsection (1) the parent wishes to
1404	choose.
1405	(b) If the parent chooses the option provided in paragraph
1406	(1)(a), the parent shall inform the school district by May 1
1407	which public school the parent has selected, and the parent
1408	shall agree to provide any necessary transportation to the
1409	selected public school.
1410	(c) If the parent chooses the option provided in paragraph
1411	(1)(b), the parent shall:
1412	1. Obtain acceptance for admission of the child to a
1413	private kindergarten eligible under subsection (3) as soon as
1414	possible and inform the private kindergarten that the child will
1415	be using a kindergarten grant.
1416	2. Notify the Department of Education by July 1 of the
1417	parent's request for a kindergarten grant and the name and
1418	address of the selected private kindergarten.
1419	3. Agree to provide any necessary transportation for the
1420	child to the selected private kindergarten.
1421	4. Agree to pay any costs associated with the child's
1422	attendance at the private kindergarten that exceed the amount of
1423	the kindergarten grant.
1424	(3) PRIVATE KINDERGARTEN ELIGIBILITY.--Eligibility of a
1425	private kindergarten shall be determined by the parental
1426	oversight and accountability requirements that, coupled with the
1427	exercise of parental choice, are reasonably necessary to secure
1428	the educational public purpose. To be eligible to participate in
1429	the kindergarten grants program, a kindergarten must be a
1430	Florida private kindergarten, may be sectarian or nonsectarian,
1431	and must:
1432	(a) Demonstrate fiscal soundness by being in operation for
1433	1 school year or provide the Department of Education with a
1434	statement by a certified public accountant confirming that the
1435	private kindergarten desiring to participate is insured and the
1436	owner or owners have sufficient capital or credit to operate the
1437	kindergarten for the upcoming year serving the number of
1438	students anticipated with expected revenues from tuition and
1439	other sources that may be reasonably expected. In lieu of such a
1440	statement, a surety bond or letter of credit for the amount
1441	equal to the kindergarten grants funds for any school year may
1442	be filed with the department.
1443	(b) Notify the Department of Education and the school
1444	district in the service area in which the kindergarten is
1445	located of its intent to participate in the program under this
1446	section as early as possible, but no later than July 1 preceding
1447	the school year in which it intends to participate.
1448	(c) Comply with the antidiscrimination provisions of 42
1449	U.S.C. s. 2000d.
1450	(d) Meet state and local health and safety laws and codes.
1451	(e) Comply with all state statutes applicable to the
1452	general regulation of private schools.
1453	(4) KINDERGARTEN GRANT DISBURSEMENT.--Upon proper
1454	documentation reviewed and approved by the Department of
1455	Education, the Chief Financial Officer shall make kindergarten
1456	grant payments in four equal amounts no later than September 1,
1457	November 1, February 1, and April 1 of each academic year. The
1458	initial payment shall be made after Department of Education
1459	verification of admission acceptance, and subsequent payments
1460	shall be made upon verification of the student's continued
1461	enrollment and attendance at the private kindergarten. Payment
1462	must be by individual warrant made payable to the student's
1463	parent and mailed by the Department of Education to the private
1464	kindergarten of the parent's choice, and the parent shall
1465	restrictively endorse the warrant to the private kindergarten.
1466	(5) LIABILITY.--No liability shall arise on the part of
1467	the state based on the award or use of any kindergarten grant.
1468	(6) DEPARTMENT OF EDUCATION OBLIGATIONS.--
1469	(a) The Department of Education shall transfer from
1470	general revenue funds appropriated to the school district the
1471	total amount of annual $3,500 grants for the school district's
1472	students from the Florida Education Finance Program to a
1473	separate account for the disbursement of the kindergarten
1474	grants.
1475	(b) The Department of Education shall administer the
1476	kindergarten grants program and may adopt rules pursuant to ss.
1477	120.536(1) and 120.54 to implement the provisions of this
1478	section. However, the inclusion of eligible private schools
1479	within options available to Florida public school students does
1480	not expand the regulatory authority of the state, its officers,
1481	or any school district to impose any additional regulations on
1482	private schools beyond those reasonably necessary to enforce
1483	requirements expressly set forth in this section.
1484	Section 13. Section 1002.397, Florida Statutes, is created
1485	to read:
1486	1002.397 K-8 Virtual School Grants Program.--
1487	(1) K-8 VIRTUAL SCHOOL GRANTS PROGRAM.--Parents of a
1488	student who is eligible to attend kindergarten or grade 1, 2, 3,
1489	4, 5, 6, 7, or 8 and was enrolled and in attendance at a Florida
1490	public school during the October and February FTE enrollment
1491	counts or is entering kindergarten or first grade and has been
1492	assigned to a specific Florida public school shall be given the
1493	option to enroll the student in an eligible K-8 virtual school
1494	of the parent’s choice. The student shall be enrolled as a full-
1495	time student. The student shall be eligible for a virtual school
1496	grant in the amount of $4,800 in 2003 dollars, adjusted annually
1497	thereafter to reflect increases or decreases in the Consumer
1498	Price Index, or the tuition charged by the eligible K-8 virtual
1499	school, whichever is less. Students who are enrolled in
1500	traditional public school classes that are not in compliance
1501	with the maximum class sizes provided in s. 1003.03 or who have
1502	scored Level 1 on the Florida Comprehensive Assessment Test or
1503	have been retained shall be given priority.
1504	(2) STUDENT AND PARENT OBLIGATIONS.--
1505	(a) The parent of an eligible student choosing to
1506	participate in the K-8 Virtual School Grants Program shall
1507	notify the school district of the parent’s desire for the
1508	student to participate in the grants program.
1509	(b) The parent shall:
1510	1. Obtain acceptance for admission of the student to an
1511	eligible K-8 virtual school and inform the virtual school that
1512	the child will be using a virtual school grant.
1513	2. Notify the Department of Education by July 1 of the
1514	parent’s request for a K-8 virtual school grant and the name and
1515	address of the selected virtual school.
1516	3. Agree to pay any costs, including any transportation,
1517	associated with the child’s attendance at the K-8 virtual school
1518	that exceed the amount of the K-8 virtual school grant.
1519	(c) Each parent shall serve as, or provide, an onsite
1520	mentor or facilitator at the site where the student is
1521	physically located.
1522	(d) Each student shall have access to a singular,
1523	consistent curriculum that meets or exceeds the Sunshine State
1524	Standards and that has an interactive program with significant
1525	on-line components. Nothing in this section, however, shall
1526	prohibit a student from working at a different grade level in a
1527	subject within the singular curriculum.
1528	(e) Each student enrolled in an approved K-8 virtual
1529	school shall be a full-time student. Enrolled students must take
1530	all language arts, mathematics, science, history, and required
1531	courses for the grade level in which the student is enrolled.
1532	(f) Each student enrolled in an approved K-8 virtual
1533	school in grades 3, 4, 5, 6, 7, and 8 shall participate in the
1534	Florida Comprehensive Assessment Test (FCAT) in accordance with
1535	the requirement of s. 1008.22. Students in grades that are not
1536	required to take the FCAT shall participate in local assessments
1537	and in the K-3 state-approved assessment for reading adopted by
1538	Just Read Florida.
1539	(3) K-8 VIRTUAL SCHOOL ELIGIBILITY.--As used in this
1540	section, a “K-8 virtual school” means an independent public
1541	school that uses on-line and distance learning technology in
1542	order to deliver instruction to students in kindergarten and
1543	grades 1 through 8. Eligibility of a K-8 virtual school to
1544	participate in the K-8 Virtual School Grants Program shall be
1545	determined by the State Board of Education. To be eligible to
1546	participate in the program, a K-8 virtual school must:
1547	(a) Demonstrate fiscal soundness by being in operation for
1548	at least 1 school year or provide the Department of Education
1549	with a statement by a certified public accountant confirming
1550	that the K-8 virtual school desiring to participate is insured
1551	and the owner or owners have sufficient capital or credit to
1552	operate the school for the upcoming year serving the number of
1553	students anticipated with expected revenues from tuition and
1554	other sources that may be reasonably expected. In lieu of such a
1555	statement, a surety bond or letter of credit for the amount
1556	equal to the K-8 virtual school grants funds for any school year
1557	may be filed with the department.
1558	(b) Notify the Department of Education of its intent to
1559	participate in the program under this section as early as
1560	possible, but no later than July 1 preceding the school year in
1561	which it intends to participate, except that such notification
1562	deadline shall not apply in the first year of implementation.
1563	(c) Comply with the antidiscrimination provisions of 42
1564	U.S.C. s. 2000d.
1565	(d) Submit to the State Board of Education forecasted
1566	enrollment, actual enrollments, and grade completions for the K-
1567	8 virtual school according to procedures established by the
1568	State Board of Education. At a minimum, such procedures must
1569	include the number of students served by grade and by county of
1570	residence.
1571	(e) Provide, free of charge, all instructional materials
1572	for each student enrolled in the K–8 virtual school for as long
1573	as the student is enrolled. In addition, for each household with
1574	a student or students enrolled in a K-8 virtual school, the
1575	virtual school must make available, free of charge, a computer
1576	and a printer, in addition to a subsidized Internet connection,
1577	for as long as the student is enrolled. Nothing in this
1578	paragraph prevents students from using their own computers,
1579	printers, or Internet connections.
1580	(f) Conform all curriculum and course content to the
1581	Sunshine State Standards. All reading and other content area
1582	strategies shall be based on scientific research.
1583	(g) Administer the Florida Comprehensive Assessment Test
1584	(FCAT) in accordance with ss. 1008.22, 1008.23, and 1008.24 or,
1585	for those students in grades that are not required to take the
1586	FCAT, local assessments and the K-3 state-approved assessment
1587	for reading adopted by Just Read Florida.
1588	(h) Employ on-line teachers who are certified in Florida.
1589	All on-line teachers shall meet with each student at least once
1590	per month during each school semester, either face-to-face at
1591	the school facility or another mutually agreed upon location or
1592	via telephone. On-line teachers shall be available to students,
1593	parents, and onsite mentors and facilitators on a schedule
1594	equivalent to that of a normal public school day and normal
1595	public school calendar for each K-8 virtual school student's
1596	public school district in a variety of ways, including, but not
1597	limited to, telephone and electronic mail.
1598	(i) Maintain an administrative office, which shall be
1599	considered its principal place of business within the state.
1600	(4) K-8 VIRTUAL SCHOOL GRANT DISBURSEMENT.--Upon proper
1601	documentation reviewed and approved by the Department of
1602	Education, the Chief Financial Officer shall make K-8 virtual
1603	school grant payments in four equal amounts no later than
1604	September 1, November 1, February 1, and April 1 of each
1605	academic year. The initial payment shall be made after
1606	Department of Education verification of admission acceptance,
1607	and subsequent payments shall be made upon verification of the
1608	student’s continued enrollment. Payment must be by individual
1609	warrant made payable to the student’s parent and mailed by the
1610	Department of Education to the K-8 virtual school of the
1611	parent’s choice, and the parent shall restrictively endorse the
1612	warrant to the virtual school.
1613	(5) LIABILITY.--No liability shall arise on the part of
1614	the state based on the award or use of any K-8 virtual school
1615	grant.
1616	(6) DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
1617	of Education shall administer the K-8 Virtual School Grants
1618	Program.
1619	(a) The department may approve one or more K-8 virtual
1620	schools for the purpose of delivering K-8 on-line and distance
1621	learning education.
1622	(b) The department shall monitor each K-8 virtual school’s
1623	performance and annually evaluate each K-8 virtual school based
1624	on the following criteria:
1625	1. The extent to which the school demonstrates increases
1626	in student achievement according to the goals of the Sunshine
1627	State Standards.
1628	2. Student achievement data from the Florida Comprehensive
1629	Assessment Test (FCAT) for grades 3 through 8. The school shall
1630	be assigned a school performance grade under the school grading
1631	system. For those students in kindergarten and grades 1 and 2
1632	who are not required to take the FCAT, student achievement data
1633	shall be from local assessments and the K-3 state-approved
1634	assessment for reading adopted by Just Read Florida.
1635	3. Grade completion rate, based upon the goals of a
1636	70-percent completion rate, with 80 percent of those completing
1637	grades scoring at Level 3 or higher on the FCAT or at least
1638	satisfactory on the K-3 assessment.
1639	4. Parent satisfaction rate, based upon the goal of 80
1640	percent of parents of participating students indicating
1641	satisfaction with the school.
1642	5. The accountability and viability of the K-8 virtual
1643	school as demonstrated by its academic, fiscal, and operational
1644	performance.
1645
1646	The Department of Education shall report each K-8 virtual
1647	school’s performance to the State Board of Education, the
1648	President of the Senate, and the Speaker of the House of
1649	Representatives.
1650	(7) RULEMAKING.--The State Board of Education may adopt
1651	rules in accordance with ss. 120.536(1) and 120.54 as necessary
1652	to implement this section, including reporting requirements for
1653	K-8 virtual schools operating pursuant to this section.
1654	Section 14. Paragraph (b) of subsection (3), paragraph (e)
1655	of subsection (4), and paragraph (a) of subsection (6) of
1656	section 220.187, Florida Statues, are amended to read:
1657	220.187 Credits for contributions to nonprofit
1658	scholarship-funding organizations.--
1659	(3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
1660	CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
1661	(b) Notwithstanding any other provision of law,the total
1662	amount of tax credit which may be granted each state fiscal year
1663	under both this section and s. 220.1875 is $100$50million.
1664	(4) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
1665	ORGANIZATIONS.--
1666	(e) An eligible nonprofit scholarship-funding
1667	organization that receives an eligible contribution must spend
1668	100 percent of the eligible contribution to provide scholarships
1669	within 6 months after the date the contribution was received or
1670	in the same state fiscal year in which the contribution was
1671	received, whichever is later. No portion of eligible
1672	contributions may be used for administrative expenses. All
1673	interest accrued from contributions must be used for
1674	scholarships.
1675	(6) ADMINISTRATION; RULES.--
1676	(a) If the credit granted pursuant to this section is not
1677	fully used in any one year because of insufficient tax liability
1678	on the part of the corporation, the unused amount may notbe
1679	carried forward for a period not to exceed 3 years. A taxpayer
1680	may not convey, assign, or transfer the credit authorized by
1681	this section to another entity unless all of the assets of the
1682	taxpayer are conveyed, assigned, or transferred in the same
1683	transaction. This carryforward applies to all approved
1684	contributions made after January 1, 2002.
1685	Section 15. Paragraph (b) of subsection (2) and paragraph
1686	(a) of subsection (6) of section 1002.20, Florida Statutes, are
1687	amended to read:
1688	1002.20 K-12 student and parent rights.--K-12 students and
1689	their parents are afforded numerous statutory rights including,
1690	but not limited to, the following:
1691	(2) ATTENDANCE.--
1692	(b) Regular school attendance.--Parents of students who
1693	have attained the age of 6 years by February 1 of any school
1694	year but who have not attained the age of 16 years must comply
1695	with the compulsory school attendance laws. Parents have the
1696	option to comply with the school attendance laws by attendance
1697	of the student in a public school, including the Florida Virtual
1698	School operating pursuant to s. 1002.37; a parochial, religious,
1699	or denominational school; a private school; a home education
1700	program; a K-8 virtual school operating pursuant to s. 1002.397;
1701	or a private tutoring program, in accordance with the provisions
1702	of s. 1003.01(13)(14).
1703	(6) EDUCATIONAL CHOICE.--
1704	(a) Public school choices.--Parents of public school
1705	students may seek whatever public school choice options that are
1706	applicable to their students and are available to students in
1707	their school districts. These options may include controlled
1708	open enrollment, lab schools, charter schools, charter technical
1709	career centers, magnet schools, alternative schools, special
1710	programs, advanced placement, dual enrollment, International
1711	Baccalaureate, early admissions, credit by examination or
1712	demonstration of competency, the New World School of the Arts,
1713	the Florida School for the Deaf and the Blind, andthe Florida
1714	Virtual School, and K-8 virtual schools operating pursuant to s.
1715	1002.397. These options may also include the public school
1716	choice options of the Opportunity Scholarship Program and the
1717	McKay Scholarships for Students with Disabilities Program.
1718	Section 16. Subsection (13) of section 1002.33, Florida
1719	Statutes, is repealed, subsections (14) through (26) are
1720	renumbered as subsections (13) through (25), respectively, and
1721	paragraph (e) of subsection (10) and paragraph (a) of present
1722	subsection (21) of said section are amended to read:
1723	1002.33 Charter schools.--
1724	(10) ELIGIBLE STUDENTS.--
1725	(e) A charter school may limit the enrollment process only
1726	to target the following student populations:
1727	1. Students within specific age groups or grade levels.
1728	2. Students considered at risk of dropping out of school
1729	or academic failure. Such students shall include exceptional
1730	education students.
1731	3. Students enrolling in a charter school-in-the-workplace
1732	or charter school-in-a-municipality established pursuant to
1733	subsection (15)(16).
1734	4. Students residing within a reasonable distance of the
1735	charter school, as described in paragraph (20)(21)(c). Such
1736	students shall be subject to a random lottery and to the
1737	racial/ethnic balance provisions described in subparagraph
1738	(7)(a)8. or any federal provisions that require a school to
1739	achieve a racial/ethnic balance reflective of the community it
1740	serves or within the racial/ethnic range of other public schools
1741	in the same school district.
1742	5. Students who meet reasonable academic, artistic, or
1743	other eligibility standards established by the charter school
1744	and included in the charter school application and charter or,
1745	in the case of existing charter schools, standards that are
1746	consistent with the school's mission and purpose. Such standards
1747	shall be in accordance with current state law and practice in
1748	public schools and may not discriminate against otherwise
1749	qualified individuals.
1750	6. Students articulating from one charter school to
1751	another pursuant to an articulation agreement between the
1752	charter schools that has been approved by the sponsor.
1753	(13) NUMBER OF SCHOOLS.--
1754	(a) The number of newly created charter schools is limited
1755	to no more than 28 in each school district that has 100,000 or
1756	more students, no more than 20 in each school district that has
1757	50,000 to 99,999 students, and no more than 12 in each school
1758	district with fewer than 50,000 students.
1759	(b) An existing public school which converts to a charter
1760	school shall not be counted toward the limit established by
1761	paragraph (a).
1762	(c) Notwithstanding any limit established by this
1763	subsection, a district school board or a charter school
1764	applicant shall have the right to request an increase of the
1765	limit on the number of charter schools authorized to be
1766	established within the district from the State Board of
1767	Education.
1768	(d) Whenever a municipality has submitted charter
1769	applications for the establishment of a charter school feeder
1770	pattern (elementary, middle, and senior high schools), and upon
1771	approval of each individual charter application by the district
1772	school board, such applications shall then be designated as one
1773	charter school for all purposes listed pursuant to this section.
1774	(20)(21)SERVICES.--
1775	(a) A sponsor shall provide certain administrative and
1776	educational services to charter schools. These services shall
1777	include contract management services, full-time equivalent and
1778	data reporting services, exceptional student education
1779	administration services, test administration services,
1780	processing of teacher certificate data services, and information
1781	services. Any administrative fee charged by the sponsor for the
1782	provision of services shall be limited to 5 percent of the
1783	available funds defined in paragraph (17)(18)(b).
1784	Section 17. Subsection (6) of section 1002.41, Florida
1785	Statutes, is amended to read:
1786	1002.41 Home education programs.--
1787	(6) Home education students may participate in dual
1788	enrollment programs in accordance with the provisions of ss.
1789	1007.27(5)(4)and 1007.271(10).
1790	Section 18. Paragraph (i) is added to subsection (1) of
1791	section 1003.02, Florida Statutes, and subsection (4) of said
1792	section is amended, to read:
1793	1003.02 District school board operation and control of
1794	public K-12 education within the school district.--As provided
1795	in part II of chapter 1001, district school boards are
1796	constitutionally and statutorily charged with the operation and
1797	control of public K-12 education within their school district.
1798	The district school boards must establish, organize, and operate
1799	their public K-12 schools and educational programs, employees,
1800	and facilities. Their responsibilities include staff
1801	development, public K-12 school student education including
1802	education for exceptional students and students in juvenile
1803	justice programs, special programs, adult education programs,
1804	and career and technical education programs. Additionally,
1805	district school boards must:
1806	(1) Provide for the proper accounting for all students of
1807	school age, for the attendance and control of students at
1808	school, and for proper attention to health, safety, and other
1809	matters relating to the welfare of students in the following
1810	fields:
1811	(i) Parental notification of acceleration mechanisms.--At
1812	the beginning of each school year, notify parents of students in
1813	or entering high school of the opportunity and benefits of
1814	Advanced Placement, International Baccalaureate, Advanced
1815	International Certificate of Education, dual enrollment, and
1816	Florida Virtual School courses.
1817	(4) For any school within the district that is not in
1818	compliance with the small school size requirements of chapter
1819	1013,In order to reduce the anonymity of students in large
1820	schools, adopt policies that encourage subdivision of the school
1821	into schools-within-a-school, which shall operate within
1822	existing resources. A "school-within-a-school" means an
1823	operational program that uses flexible scheduling, team
1824	planning, and curricular and instructional innovation to
1825	organize groups of students with groups of teachers as smaller
1826	units, so as to functionally operate as a smaller school.
1827	Examples of this include, but are not limited to:
1828	(a) An organizational arrangement assigning both students
1829	and teachers to smaller units in which the students take some or
1830	all of their coursework with their fellow grouped students and
1831	from the teachers assigned to the smaller unit. A unit may be
1832	grouped together for 1 year or on a vertical, multiyear basis.
1833	(b) An organizational arrangement similar to that
1834	described in paragraph (a) with additional variations in
1835	instruction and curriculum. The smaller unit usually seeks to
1836	maintain a program different from that of the larger school, or
1837	of other smaller units. It may be vertically organized, but is
1838	dependent upon the school principal for its existence, budget,
1839	and staff.
1840	(c) A separate and autonomous smaller unit formally
1841	authorized by the district school board or district school
1842	superintendent. The smaller unit plans and runs its own program,
1843	has its own staff and students, and receives its own separate
1844	budget. The smaller unit must negotiate the use of common space
1845	with the larger school and defer to the building principal on
1846	matters of safety and building operation.
1847	Section 19. Section 1003.429, Florida Statutes, is created
1848	to read:
1849	1003.429 Accelerated high school graduation options.--
1850	(1) Beginning with the 2003-2004 school year, all students
1851	scheduled to graduate in 2004 and thereafter shall select one of
1852	the following three high school graduation options:
1853	(a) Completion of the general requirements for high school
1854	graduation pursuant to s. 1003.43;
1855	(b) Completion of a 3-year standard college preparatory
1856	program requiring successful completion of a minimum of 18
1857	academic credits in grades 9 through 12. The 18 credits shall
1858	be primary requirements and shall be distributed as follows:
1859	1. Four credits in English, with major concentration in
1860	composition and literature;
1861	2. Three credits in mathematics at the Algebra I level or
1862	higher from the list of courses that qualify for state
1863	university admission;
1864	3. Three credits in natural science, two of which must
1865	have a laboratory component;
1866	4. Three credits in social sciences;
1867	5. Two credits in the same second language unless the
1868	student is a native speaker of or can otherwise demonstrate
1869	competency in a language other than English. If the student
1870	demonstrates competency in another language, the student may
1871	replace the language requirement with two credits in other
1872	academic courses; and
1873	6. Three credits in electives; or
1874	(c) Completion of a 3-year career preparatory program
1875	requiring successful completion of a minimum of 18 academic
1876	credits in grades 9 through 12. The 18 credits shall be primary
1877	requirements and shall be distributed as follows:
1878	1. Four credits in English, with major concentration in
1879	composition and literature;
1880	2. Three credits in mathematics, one of which must be
1881	Algebra I;
1882	3. Three credits in natural science, two of which must
1883	have a laboratory component;
1884	4. Three credits in social sciences;
1885	5. Two credits in the same second language unless the
1886	student is a native speaker of or can otherwise demonstrate
1887	competency in a language other than English. If the student
1888	demonstrates competency in another language, the student may
1889	replace the language requirement with two credits in other
1890	academic courses; and
1891	6. Three credits in electives.
1892	(2) Beginning with the 2003-2004 school year, each
1893	district school board shall provide each student in grades 6
1894	through 12 and their parents with the 3-year and 4-year high
1895	school graduation options listed in subsection (1) with
1896	curriculum for the students and parents to select the
1897	postsecondary education or career plan that best fits their
1898	needs. The options shall include a timeframe for achieving each
1899	graduation option.
1900	(3) Selection of one of the graduation options listed in
1901	subsection (1) is exclusively up to the student and parent. If
1902	the student and parent fail to select a graduation option, the
1903	student shall be considered to have selected the general
1904	requirements for high school graduation pursuant to paragraph
1905	(1)(a).
1906	(4) District school boards shall not establish
1907	requirements for accelerated 3-year high school graduation
1908	options in excess of the requirements in paragraphs (1)(b) and
1909	(1)(c).
1910	(5) Students pursuing accelerated 3-year high school
1911	graduation options pursuant to paragraph (1)(b) or paragraph
1912	(1)(c) are required to:
1913	(a) Earn passing scores on the FCAT as defined in s.
1914	1008.22(3)(c).
1915	(b) Achieve a cumulative grade point average of 2.0 on a
1916	4.0 scale, or its equivalent, in the courses required by the
1917	chosen accelerated 3-year high school graduation option pursuant
1918	to paragraph (1)(b) or paragraph (1)(c).
1919	(6) A student who meets all requirements prescribed in
1920	subsections (1) and (5) shall be awarded a standard diploma in a
1921	form prescribed by the State Board of Education.
1922	Section 20. Paragraph (i) of subsection (1) of section
1923	1003.43, Florida Statutes, is amended to read:
1924	1003.43 General requirements for high school graduation.--
1925	(1) Graduation requires successful completion of either a
1926	minimum of 24 academic credits in grades 9 through 12 or an
1927	International Baccalaureate curriculum. The 24 credits shall be
1928	distributed as follows:
1929	(i) One-half credit in life management skills to include
1930	consumer education, positive emotional development, marriage and
1931	relationship skill-based education, nutrition, parenting skills,
1932	prevention of human immunodeficiency virus infection and
1933	acquired immune deficiency syndrome and other sexually
1934	transmissible diseases, benefits of sexual abstinence and
1935	consequences of teenage pregnancy, information and instruction
1936	on breast cancer detection and breast self-examination,
1937	cardiopulmonary resuscitation, drug education, and the hazards
1938	of smoking. Such credit shall be given for a course to be taken
1939	by all students in either the 9th or 10th grade.
1940	District school boards may award a maximum of one-half credit in
1941	social studies and one-half elective credit for student
1942	completion of nonpaid voluntary community or school service
1943	work. Students choosing this option must complete a minimum of
1944	75 hours of service in order to earn the one-half credit in
1945	either category of instruction. Credit may not be earned for
1946	service provided as a result of court action. District school
1947	boards that approve the award of credit for student volunteer
1948	service shall develop guidelines regarding the award of the
1949	credit, and school principals are responsible for approving
1950	specific volunteer activities. A course designated in the Course
1951	Code Directory as grade 9 through grade 12 that is taken below
1952	the 9th grade may be used to satisfy high school graduation
1953	requirements or Florida Academic Scholars award requirements as
1954	specified in a district school board's student progression plan.
1955	A student shall be granted credit toward meeting the
1956	requirements of this subsection for equivalent courses, as
1957	identified pursuant to s. 1007.271(6), taken through dual
1958	enrollment.
1959	Section 21. Paragraph (a) of subsection (1) of section
1960	1003.436, Florida Statutes, is amended to read:
1961	1003.436 Definition of "credit".--
1962	(1)(a) For the purposes of requirements for high school
1963	graduation, one full credit means a minimum of 120135hours of
1964	bona fide instruction in a designated course of study that
1965	contains student performance standards. A student may be awarded
1966	a credit for less than 120 hours of classroom instruction based
1967	on documented mastery of course requirements and Sunshine State
1968	Standards with approval by the district school board.The State
1969	Board of Education shall determine the number of postsecondary
1970	credit hours earned through dual enrollment pursuant to s.
1971	1007.271 that satisfy the requirements of a district's
1972	interinstitutional articulation agreement according to s.
1973	1007.235 and that equal one full credit of the equivalent high
1974	school course identified pursuant to s. 1007.271(6).
1975	Section 22. Paragraphs (a) and (b) of subsection (1) of
1976	section 1007.261, Florida Statutes, are amended to read:
1977	1007.261 State universities; admissions of students.--Each
1978	university board of trustees is authorized to adopt rules
1979	governing the admission of students, subject to this section and
1980	rules of the State Board of Education.
1981	(1) Minimum academic standards for undergraduate admission
1982	to a university include:
1983	(a) Each student must have received a high school diploma
1984	pursuant to s. 1003.429 ors. 1003.43, or its equivalent, except
1985	as provided in s. 1007.271(2)-(5) or completed a home education
1986	program according to s. 1002.41.
1987	(b) Each student must have successfully completed a
1988	college-preparatory curriculum of 1819 credits, which shall
1989	include, but not be limited to, four credits in English, with
1990	major concentration in composition and literature; three credits
1991	in mathematics; three credits in natural science, two of which
1992	must have a laboratory component; three credits in social
1993	sciences; and two credits in the same second languageas defined
1994	in rules of the State Board of Education, including at least 2
1995	credits of sequential foreign language at the secondary level or
1996	the equivalent of such instruction at the postsecondary level. A
1997	student who completes a home education program according to s.
1998	1002.41 is not required to document completion of the 1819
1999	credits required by this paragraph. A student whose native
2000	language is not English is exempt from the foreign language
2001	requirement, provided that the student demonstrates proficiency
2002	in the native language. If a standardized test is not available
2003	in the student's native language for the demonstration of
2004	proficiency, the university may provide an alternative method of
2005	assessment. The State Board of Education shall adopt rules for
2006	the articulation of foreign language competency and equivalency
2007	between secondary and postsecondary institutions. A student who
2008	received an associate in arts degree prior to September 1, 1989,
2009	or who enrolled in a program of studies leading to an associate
2010	degree from a community college prior to August 1, 1989, and
2011	maintains continuous enrollment shall be exempt from this
2012	admissions requirement.
2013	Section 23. Section 1007.27, Florida Statutes, is amended
2014	to read:
2015	1007.27 Articulated acceleration mechanisms.--
2016	(1) It is the intent of the Legislature that a variety of
2017	articulated acceleration mechanisms be available for secondary
2018	and postsecondary students attending public educational
2019	institutions. It is intended that articulated acceleration serve
2020	to shorten the time necessary for a student to complete the
2021	requirements associated with the conference of a high school
2022	diploma and a postsecondary degree, broaden the scope of
2023	curricular options available to students, or increase the depth
2024	of study available for a particular subject. It is the intent of
2025	the Legislature that school districts and public postsecondary
2026	educational institutions maximize the opportunities for students
2027	to utilize the acceleration mechanisms identified in this
2028	section. Articulated acceleration mechanisms shall include, but
2029	are not belimited to, dual enrollment as provided for in s.
2030	1007.271, early admission, advanced placement, credit by
2031	examination, the International Baccalaureate Program, and the
2032	Advanced International Certificate of Education Program. Credit
2033	earned through the Florida Virtual School shall provide
2034	additional opportunities for early graduation and acceleration.
2035	(2) School districts and public postsecondary educational
2036	institutions shall annually advise students and their parents of
2037	the opportunities available to students to participate in the
2038	acceleration mechanisms identified in this section.
2039	(3)(2) The State BoardDepartmentof Education shall
2040	identify the minimum scores, maximum credit, and course or
2041	courses for which credit is to be awarded for each College Level
2042	Examination Program (CLEP) general examination, CLEP subject
2043	examination, College Board Advanced Placement Program
2044	examination, and International Baccalaureate examination, and
2045	Advanced International Certificate of Education examination. In
2046	addition, the State Board of Educationdepartmentshall identify
2047	such courses in the general education core curriculum of each
2048	state university and community college.
2049	(4)(3)Each community college and state university must
2050	award credit for specific courses for which competency has been
2051	demonstrated by successful passage of one of the examinations in
2052	subsection (3)(2)unless the award of credit duplicates credit
2053	already awarded. Community colleges and state universities may
2054	not exempt students from courses without the award of credit if
2055	competencies have been so demonstrated.
2056	(5)(4)It is the intent of the Legislature to provide
2057	articulated acceleration mechanisms for students who are in home
2058	education programs, as defined in s. 1003.01(11), consistent
2059	with the educational opportunities available to public and
2060	private secondary school students. Home education students may
2061	participate in dual enrollment, career and technical dual
2062	enrollment, early admission, and credit by examination. Credit
2063	earned by home education students through dual enrollment shall
2064	apply toward the completion of a home education program that
2065	meets the requirements of s. 1002.41.
2066	(6)(5) Early admission isshall bea form of dual
2067	enrollment through which eligible secondary students enroll in a
2068	postsecondary institution on a full-time basis in courses that
2069	are creditable toward the high school diploma and the associate
2070	or baccalaureate degree. Students enrolled pursuant to this
2071	subsection shall be exempt from the payment of registration,
2072	tuition, and laboratory fees.
2073	(7)(6) Advanced placement isshall bethe enrollment of an
2074	eligible secondary student in a course offered through the
2075	Advanced Placement Program administered by the College Board.
2076	Postsecondary credit for an advanced placement course shall be
2077	limited to students who score a minimum of 3, on a 5-point
2078	scale, on the corresponding Advanced Placement Examination. The
2079	specific courses for which students receive such credit shall be
2080	determined by the State Board of Educationdepartment. Students
2081	of Florida public secondary schools enrolled pursuant to this
2082	subsection shall be exempt from the payment of any fees for
2083	administration of the examination regardless of whether or not
2084	the student achieves a passing score on the examination.
2085	(8)(7) Credit by examination isshall bethe program
2086	through which secondary and postsecondary students generate
2087	postsecondary credit based on the receipt of a specified minimum
2088	score on nationally standardized general or subject-area
2089	examinations. For the purpose of statewide application, such
2090	examinations and the corresponding minimum scores required for
2091	an award of credit shall be delineated by the State Board of
2092	Education in the statewide articulation agreement. The maximum
2093	credit generated by a student pursuant to this subsection shall
2094	be mitigated by any related postsecondary credit earned by the
2095	student prior to the administration of the examination. This
2096	subsection shall not preclude community colleges and
2097	universities from awarding credit by examination based on
2098	student performance on examinations developed within and
2099	recognized by the individual postsecondary institutions.
2100	(9)(8) The International Baccalaureate Program isshall be
2101	the curriculum in which eligible secondary students are enrolled
2102	in a program of studies offered through the International
2103	Baccalaureate Program administered by the International
2104	Baccalaureate Office. The State Board of Education shall
2105	establish rules which specify the cutoff scores and
2106	International Baccalaureate Examinations which will be used to
2107	grant postsecondary credit at community colleges and
2108	universities. Any such rules that, whichhave the effect of
2109	raising the required cutoff score or of changing the
2110	International Baccalaureate Examinations which will be used to
2111	grant postsecondary credit,shall only apply to students taking
2112	International Baccalaureate Examinations after such rules are
2113	adopted by the State Board of Education. Students shall be
2114	awarded a maximum of 30 semester credit hours pursuant to this
2115	subsection. The specific course for which a student receives
2116	such credit shall be determined by the State Board of Education
2117	department. Students enrolled pursuant to this subsection shall
2118	be exempt from the payment of any fees for administration of the
2119	examinations regardless of whether or not the student achieves a
2120	passing score on the examination.
2121	(10)(9)The Advanced International Certificate of
2122	Education Program isshall bethe curriculum in which eligible
2123	secondary students are enrolled in a program of studies offered
2124	through the Advanced International Certificate of Education
2125	program administered by the University of Cambridge Local
2126	Examinations Syndicate. The State Board of Education shall
2127	establish rules which specify the cutoff scores and Advanced
2128	International Certificate of Education examinations which will
2129	be used to grant postsecondary credit at community colleges and
2130	universities. Any such rules that, whichhave the effect of
2131	raising the required cutoff score or of changing the Advanced
2132	International Certification of Education examinations which will
2133	be used to grant postsecondary credit,shall apply to students
2134	taking Advanced International Certificate of Education
2135	Examinations after such rules are adopted by the State Board of
2136	Education. Students shall be awarded a maximum of 30 semester
2137	credit hours pursuant to this subsection. The specific course
2138	for which a student receives such credit shall be determined by
2139	the State Board of Educationcommunity college or university
2140	that accepts the student for admission. Students enrolled
2141	pursuant to this subsection shall be exempt from the payment of
2142	any fees for administration of the examinations regardless of
2143	whether or not the student achieves a passing score on the
2144	examination.
2145	(11)(10)Any student who earns 9 or more credits from one
2146	or more of the acceleration mechanisms provided for in this
2147	section is exempt from any requirement of a public postsecondary
2148	educational institution mandating enrollment during a summer
2149	term.
2150	(12) The State Board of Education may adopt rules pursuant
2151	to ss. 120.536(1) and 120.54 to implement the provisions of this
2152	section.
2153	Section 24. Acceleration mechanisms study.--
2154	(1) The State Board of Education shall conduct a review of
2155	the extent to which the acceleration mechanisms authorized by s.
2156	1007.27, Florida Statutes, are currently utilized by school
2157	districts, community colleges, and state universities and shall
2158	submit a report to the Governor, the President of the Senate,
2159	and the Speaker of the House of Representatives by December 31,
2160	2003.
2161	(2) The report must include a summary of ongoing
2162	activities and a plan to increase and enhance the use of
2163	acceleration mechanisms as a way to shorten the length of time
2164	as well as the funding required for a student to obtain a
2165	postsecondary degree.
2166	(3) The review and plan shall address at least the
2167	following issues:
2168	(a) The manner in which students are advised regarding the
2169	availability of acceleration mechanism options.
2170	(b) The availability of acceleration mechanism options to
2171	eligible students who wish to participate.
2172	(c) The grading practices, including weighting of courses,
2173	of school districts, community colleges, and state universities
2174	with regard to credit earned through acceleration mechanisms.
2175	(d) The extent to which credit earned through an
2176	acceleration mechanism is used to meet the general education
2177	requirements of a public postsecondary educational institution.
2178	(e) The extent to which the secondary instruction
2179	associated with acceleration mechanism options could be offered
2180	at sites other than public K-12 school sites to assist in
2181	meeting class size reduction needs.
2182	(f) The manner in which funding for instruction associated
2183	with acceleration mechanism options is provided.
2184	(g) The feasibility of providing students the option of
2185	choosing Advanced Placement credit or College Level Examination
2186	Program (CLEP) credit as an alternative to dual enrollment
2187	credit upon completion of a dual enrollment course.
2188	Section 25. Section 1003.62, Florida Statutes, is amended
2189	to read:
2190	1003.62 Academic performance-basedcharter school
2191	districts pilot program.--The State Board of Education mayis
2192	authorized to enter into a performance contract with up to six
2193	district school boards as authorized in this sectionfor the
2194	purpose of establishing them as academic performance-based
2195	charter school districts. The State Board of Education shall
2196	give priority to Hillsborough and Volusia Counties upon the
2197	submission of a completed precharter agreement or charter
2198	proposal for a charter school district. The purpose of this
2199	sectionpilot programis to examine a new relationship between
2200	the State Board of Education and district school boards that
2201	willmay produce significant improvements in student achievement
2202	and school management, while complying with constitutional and
2203	statutoryrequirements assigned to each entity.
2204	(1) ACADEMIC PERFORMANCE-BASED CHARTER SCHOOLDISTRICT.--
2205	(a) A school district shall be eligible for designation as
2206	an academic performance-based charter school district if it is a
2207	high-performing school district in which a minimum of 50 percent
2208	of the schools earn a performance grade category "A" or "B" and
2209	in which no school earns a performance grade category "D" or "F"
2210	for 2 consecutive years pursuant to s. 1008.34. Schools that
2211	receive a performance grade category "I" or "N" shall not be
2212	included in this calculation. The performance contract for a
2213	school district that earns a charter based on school performance
2214	grades shall be predicated on maintenance of at least 50 percent
2215	of the schools in the school district earning a performance
2216	grade category "A" or "B" with no school in the school district
2217	earning a performance grade category "D" or "F" for 2
2218	consecutive years. A school district in which the number of
2219	schools that earn a performance grade of “A” or “B” is less than
2220	50 percent may have its charter renewed for 1 year; however, if
2221	the percentage of “A” or “B” schools is less than 50 percent for
2222	2 consecutive years, the charter shall not be renewed.
2223	(b) A school district that satisfies the eligibility
2224	criteria for designation as an academic performance-based
2225	charter school district may be so designated upon a
2226	supermajority vote byin Florida in whichthe district school
2227	board after havinghassubmitted and the State Board of
2228	Education havinghasapproved a charter proposal that exchanges
2229	statutory and rule exemption, as authorized by this section,for
2230	agreement to meet performance goals in the proposal. The
2231	academic performance-based charter school district shall be
2232	chartered for 1 year3 years, at the end of which the
2233	performance shall be evaluated. If maintenance of high-
2234	performing school district status pursuant to paragraph (a) is
2235	not documented in accordance with State Board of Education
2236	rule, the charter shall not be renewed.
2237	(2) EXEMPTION FROM STATUTES AND RULES.--
2238	(a) An academic performance-based charter school district
2239	shall operate in accordance with its charter and shall be exempt
2240	from certain State Board of Education rules and statutes if the
2241	State Board of Education determines such an exemption will
2242	assist the district in maintaining or improving its
2243	high-performing status pursuant to paragraph (1)(a). However,
2244	the State Board of Education may not exempt an academic
2245	performance-based charter school district from any of the
2246	following statutes:
2247	1. Those statutes pertaining to the provision of services
2248	to students with disabilities.
2249	2. Those statutes pertaining to civil rights, including s.
2250	1000.05, relating to discrimination.
2251	3. Those statutes pertaining to student health, safety,
2252	and welfare.
2253	4. Those statutes governing the election or compensation
2254	of district school board members.
2255	5. Those statutes pertaining to the student assessment
2256	program and the school grading system, including chapter 1008.
2257	6. Those statutes pertaining to financial matters,
2258	including chapter 1010.
2259	7. Those statutes pertaining to planning and budgeting,
2260	including chapter 1011, except that ss. 1011.64 and 1011.69
2261	shall be eligible for exemption.
2262	8. Sections 1012.22(1)(c) and 1012.27(2), relating to
2263	performance-pay policies for school administrators and
2264	instructional personnel. Professional service contracts shall be
2265	subject to the provisions of ss. 1012.33 and 1012.34.
2266	9. Those statutes pertaining to educational facilities,
2267	including chapter 1013, except as specified under contract with
2268	the State Board of Education. However, no contractual provision
2269	that could have the effect of requiring the appropriation of
2270	additional capital outlay funds to the academic performance-
2271	based charter school district shall be valid.
2272	(b) Additionally, an academic performance-based charter
2273	school district shall be in compliance with the following
2274	statutes:
2275	1. Section 286.011, relating to public meetings and
2276	records, public inspection, and criminal and civil penalties.
2277	2. Those statutes pertaining to public records, including
2278	chapter 119.
2279	3. Those statutes pertaining to financial disclosure by
2280	elected officials.
2281	4. Those statutes pertaining to conflicts of interest by
2282	elected officials.Charter school districts shall be exempt from
2283	state statutes and specified State Board of Education rules. The
2284	district school board of a charter school district shall not be
2285	exempt from any statute governing election of district school
2286	board members, public meetings and public records requirements,
2287	financial disclosure, conflicts of interest, operation in the
2288	sunshine, or any provisions outside the Florida K-20 Education
2289	Code.
2290	(3) GOVERNING BOARD.--The governing board of the academic
2291	performance-basedcharter school district shall be the duly
2292	elected district school board. The district school board shall
2293	be responsible for supervising the schools in the academic
2294	performance-based charter school district and may convertis
2295	authorized to charter each of its existing public schools to
2296	charter schools pursuant to s. 1002.33, apply for deregulation
2297	of its public schools pursuant to s. 1003.63,or otherwise
2298	establish performance-based contractual relationships with its
2299	public schools for the purpose of giving them greater autonomy
2300	with accountability for performance.
2301	(4) PRECHARTER AGREEMENT.--The State Board of Education
2302	mayis authorized to approve a precharter agreement that grants
2303	with a potential charter district. The agreement may grant
2304	limited flexibility and direction for developing the full
2305	academic performance-basedcharter proposal.
2306	(5) ANNUAL REPORT BY CHARTER SCHOOL DISTRICT.--Each school
2307	district chartered pursuant to this section shall transmit an
2308	annual report to the State Board of Education that delineates
2309	the performance of the school district relative to the
2310	performance goals contained in the charter agreement. The annual
2311	report shall be transmitted to the Commissioner of Education and
2312	shall be due each year on the anniversary date of the charter
2313	agreement.
2314	(5) TIME PERIOD FOR PILOT.--The pilot program shall be
2315	authorized for a period of 3 full school years commencing with
2316	award of a charter. The charter may be renewed upon action of
2317	the State Board of Education.
2318	(6) REPORTS.--The State Board of Education shall annually
2319	report on the performance of each academic performance-based
2320	implementation of the charter school district pilot program.
2321	BienniallyUpon the completion of the first 3-year term, the
2322	State Board of Education, through the Commissioner of Education,
2323	shall submit to the Legislature a full evaluation of the
2324	effectiveness of granting academic performance-based charter
2325	school district statusthe program.
2326	(7) PILOT PROGRAM CHARTER SCHOOL DISTRICTS; GRANDFATHER
2327	PROVISION.--The State Board of Education shall use the criteria
2328	approved in the initial charter applications issued to the
2329	school districts of Volusia, Hillsborough, Orange, and Palm
2330	Beach Counties to renew those pilot program charter school
2331	districts in accordance with this subsection. No additional
2332	pilot program charter school districts shall be approved, and
2333	the pilot program consists solely of school districts in
2334	Volusia, Hillsborough, Orange, and Palm Beach Counties. The
2335	termination of the charter school districts pilot program is
2336	effective July 1, 2007, or upon the end of a 5-year renewal
2337	contract issued by the State Board of Education to the Volusia
2338	County, Hillsborough County, Orange County, or Palm Beach County
2339	school district prior to July 1, 2003, whichever is later.
2340	(8)(7) RULEMAKING.--The State Board of Education may adopt
2341	shall have the authority to enactrules to implement this
2342	section in accordance with ss. 120.536 and 120.54.
2343	Section 26. Paragraph (b) of subsection (5) of section
2344	1011.62, Florida Statutes, is amended to read:
2345	1011.62 Funds for operation of schools.--If the annual
2346	allocation from the Florida Education Finance Program to each
2347	district for operation of schools is not determined in the
2348	annual appropriations act or the substantive bill implementing
2349	the annual appropriations act, it shall be determined as
2350	follows:
2351	(5) CATEGORICAL FUNDS.--
2352	(b) For fiscal year 2002-2003,If a district school board
2353	finds and declares in a resolution adopted at a regular meeting
2354	of the school board that the funds received for any of the
2355	following categorical appropriations are urgently needed to
2356	maintain school board specified academic classroom instruction,
2357	the school board may consider and approve an amendment to the
2358	school district operating budget transferring the identified
2359	amount of the categorical funds to the appropriate account for
2360	expenditure:
2361	1. Funds for student transportation.
2362	2. Funds for in-service educational personnel training.
2363	3. Funds for safe schools.
2364	4. Funds for public school technology.
2365	5. Funds for teacher recruitment and retention.
2366	5.6.Funds for supplemental academic instruction.
2367
2368	Prior to adopting the resolution required by this paragraph, the
2369	district school board must advertise in a newspaper of general
2370	circulation in the school district its intent to pass such
2371	resolution and must provide in such advertisement the purpose
2372	for which the funds were appropriated, the alternative purpose
2373	for which the funds will be used, and the basis for finding a
2374	necessity for the reallocation of such funds. In reporting its
2375	expenditures under s. 1010.20, with respect to a school
2376	district’s discretionary spending authority exercised under this
2377	subsection, the district school board shall report on a school-
2378	by-school basis and a district-aggregated basis how all funds,
2379	including federal funds, allocated to the school district for
2380	formula-funded categorical programs were expended.
2381	Section 27. Section 1011.68, Florida Statutes, is amended
2382	to read:
2383	1011.68 Funds for student transportation.--The annual
2384	allocation to each district for transportation to public school
2385	programs, including charter schools as provided in s.
2386	1002.33(17)(18)(b), of students in membership in kindergarten
2387	through grade 12 and in migrant and exceptional student programs
2388	below kindergarten shall be determined as follows:
2389	(1) Subject to the rules of the State Board of Education,
2390	each district shall determine the membership of students who are
2391	transported:
2392	(a) By reason of living 2 miles or more from school.
2393	(b) By reason of being students with disabilities or
2394	enrolled in a teenage parent program, regardless of distance to
2395	school.
2396	(c) By reason of being in a state prekindergarten program,
2397	regardless of distance from school.
2398	(d) By reason of being career and technical, dual
2399	enrollment, or students with disabilities transported from one
2400	school center to another to participate in an instructional
2401	program or service; or students with disabilities, transported
2402	from one designation to another in the state, provided one
2403	designation is a school center and provided the student's
2404	individual educational plan (IEP) identifies the need for the
2405	instructional program or service and transportation to be
2406	provided by the school district. A "school center" is defined as
2407	a public school center, community college, state university, or
2408	other facility rented, leased, or owned and operated by the
2409	school district or another public agency. A "dual enrollment
2410	student" is defined as a public school student in membership in
2411	both a public secondary school program and a community college
2412	or a state university program under a written agreement to
2413	partially fulfill ss. 1003.435 and 1007.23 and earning full-time
2414	equivalent membership under s. 1011.62(1)(i).
2415	(e) With respect to elementary school students whose grade
2416	level does not exceed grade 6, by reason of being subjected to
2417	hazardous walking conditions en route to or from school as
2418	provided in s. 1006.23. Such rules shall, when appropriate,
2419	provide for the determination of membership under this paragraph
2420	for less than 1 year to accommodate the needs of students who
2421	require transportation only until such hazardous conditions are
2422	corrected.
2423	(f) By reason of being a pregnant student or student
2424	parent, and the child of a student parent as provided in s.
2425	1003.54, regardless of distance from school.
2426	(2) The allocation for each district shall be calculated
2427	annually in accordance with the following formula:
2428
2429	T = B + EX. The elements of this formula are defined as follows:
2430	T is the total dollar allocation for transportation. B is the
2431	base transportation dollar allocation prorated by an adjusted
2432	student membership count. The adjusted membership count shall be
2433	derived from a multiplicative index function in which the base
2434	student membership is adjusted by multiplying it by index
2435	numbers that individually account for the impact of the price
2436	level index, average bus occupancy, and the extent of rural
2437	population in the district. EX is the base transportation dollar
2438	allocation for disabled students prorated by an adjusted
2439	disabled student membership count. The base transportation
2440	dollar allocation for disabled students is the total state base
2441	disabled student membership count weighted for increased costs
2442	associated with transporting disabled students and multiplying
2443	it by the prior year's average per student cost for
2444	transportation. The adjusted disabled student membership count
2445	shall be derived from a multiplicative index function in which
2446	the weighted base disabled student membership is adjusted by
2447	multiplying it by index numbers that individually account for
2448	the impact of the price level index, average bus occupancy, and
2449	the extent of rural population in the district. Each adjustment
2450	factor shall be designed to affect the base allocation by no
2451	more or less than 10 percent.
2452	(3) The total allocation to each district for
2453	transportation of students shall be the sum of the amounts
2454	determined in subsection (2). If the funds appropriated for the
2455	purpose of implementing this section are not sufficient to pay
2456	the base transportation allocation and the base transportation
2457	allocation for disabled students, the Department of Education
2458	shall prorate the available funds on a percentage basis. If the
2459	funds appropriated for the purpose of implementing this section
2460	exceed the sum of the base transportation allocation and the
2461	base transportation allocation for disabled students, the base
2462	transportation allocation for disabled students shall be limited
2463	to the amount calculated in subsection (2), and the remaining
2464	balance shall be added to the base transportation allocation.
2465	(4) No district shall use funds to purchase transportation
2466	equipment and supplies at prices which exceed those determined
2467	by the department to be the lowest which can be obtained, as
2468	prescribed in s. 1006.27(1).
2469	(5) Funds allocated or apportioned for the payment of
2470	student transportation services may be used to pay for
2471	transportation of students to and from school on local general
2472	purpose transportation systems. Student transportation funds may
2473	also be used to pay for transportation of students to and from
2474	school in private passenger cars and boats when the
2475	transportation is for isolated students, or students with
2476	disabilities as defined by rule. Subject to the rules of the
2477	State Board of Education, each school district shall determine
2478	and report the number of assigned students using general purpose
2479	transportation private passenger cars and boats. The allocation
2480	per student must be equal to the allocation per student riding a
2481	school bus.
2482	(6) Notwithstanding other provisions of this section, in
2483	no case shall any student or students be counted for
2484	transportation funding more than once per day. This provision
2485	includes counting students for funding pursuant to trips in
2486	school buses, passenger cars, or boats or general purpose
2487	transportation.
2488	(7) Any funds received by a school district under this
2489	section that are not required to transport students may, at the
2490	discretion of the district school board, be transferred to the
2491	district's Florida Education Finance Program.
2492	Section 28. Subsections (2), (4), and (5) of section
2493	1011.69, Florida Statutes, are amended to read:
2494	1011.69 Equity in School-Level Funding Act.--
2495	(2)(a) Beginning in the 2000-2001 fiscal year, district
2496	school boards shall allocate to each school within the district
2497	at least 50 percent of the funds generated by that school based
2498	upon the Florida Education Finance Program as provided in s.
2499	1011.62 and the General Appropriations Act, including gross
2500	state and local funds, discretionary lottery funds, and funds
2501	from the school district's current operating discretionary
2502	millage levy.
2503	(b) Beginning in the 2001-2002 fiscal year, district
2504	school boards shall allocate to each school within the district
2505	at least 65 percent of the funds generated by that school based
2506	upon the Florida Education Finance Program as provided in s.
2507	1011.62 and the General Appropriations Act, including gross
2508	state and local funds, discretionary lottery funds, and funds
2509	from the school district's current operating discretionary
2510	millage levy.
2511	(c) Beginning in the 2002-2003 fiscal year, district
2512	school boards shall allocate to each school within the district
2513	at least 80 percent of the funds generated by that school based
2514	upon the Florida Education Finance Program as provided in s.
2515	1011.62 and the General Appropriations Act, including gross
2516	state and local funds, discretionary lottery funds, and funds
2517	from the school district's current operating discretionary
2518	millage levy.
2519	(d)Beginning in the 2003-2004 fiscal year, district
2520	school boards shall allocate to schoolseach schoolwithin the
2521	district an average ofat least90 percent of the funds
2522	generated by all schools and guarantee that each school receives
2523	at least 80 percent of the funds generated bythat school based
2524	upon the Florida Education Finance Program as provided in s.
2525	1011.62 and the General Appropriations Act, including gross
2526	state and local funds, discretionary lottery funds, and funds
2527	from the school district's current operating discretionary
2528	millage levy. Total funding for each school shall be
2529	recalculated during the year to reflect the revised calculations
2530	under the Florida Education Finance Program by the state and the
2531	actual weighted full-time equivalent students reported by the
2532	school during the full-time equivalent student survey periods
2533	designated by the Commissioner of Education. If the district
2534	school board is providing programs or services to students
2535	funded by federal funds, any eligible students enrolled in the
2536	schools in the district shall be provided federal funds. Only
2537	academic performance-based charter schoolthose districts that
2538	initially applied for charter school district status, pursuant
2539	to s. 1003.62, and have been approved by the State Board of
2540	Educationare exempt from the provisions of this section.
2541	(4) The following funds are excluded from the school-level
2542	allocation under this section:Recommendations made by the
2543	Governor's Equity in Educational Opportunity Task Force shall be
2544	reviewed to identify potential categorical funds to be included
2545	in the district allocation methodology required in subsection
2546	(2).
2547	(a)(5)Funds appropriated in the General Appropriations
2548	Act for supplemental academic instruction to be used for the
2549	purposes described in s. 1011.62(1)(f) are excluded from the
2550	school-level allocation under this section.
2551	(b) Funds appropriated in the General Appropriations Act
2552	for the class size reduction operating categorical fund
2553	established in s. 1011.685.
2554	Section 29. Subsections (1) through (6) of section
2555	1012.56, Florida Statutes, are amended to read:
2556	1012.56 Educator certification requirements.--
2557	(1) APPLICATION.--Each person seeking certification
2558	pursuant to this chapter shall submit a completed application
2559	containing the applicant's social security number to the
2560	Department of Education and remit the fee required pursuant to
2561	s. 1012.59 and rules of the State Board of Education. Pursuant
2562	to the federal Personal Responsibility and Work Opportunity
2563	Reconciliation Act of 1996, each party is required to provide
2564	his or her social security number in accordance with this
2565	section. Disclosure of social security numbers obtained through
2566	this requirement isshall belimited to the purpose of
2567	administration of the Title IV-D program of the Social Security
2568	Act for child support enforcement. Pursuant to s. 120.60, the
2569	department shall issue within 90 calendar days after the stamped
2570	receipted date of the completed application:
2571	(a) A certificate covering the classification, level, and
2572	area for which the applicant is deemed qualified; or
2573	(b) An official statement of status of eligibility. The
2574	statement of status of eligibility must advise the applicant of
2575	any qualifications that must be completed to qualify for
2576	certification. Each statement of status of eligibility is valid
2577	for 32years after its date of issuance, except as provided in
2578	paragraph (2)(d). A statement of status of eligibility may be
2579	reissued for one additional 2-year period if application is made
2580	while the initial statement of status of eligibility is valid or
2581	within 1 year after the initial statement expires, and if the
2582	certification subject area is authorized to be issued by the
2583	state board at the time the application requesting a reissued
2584	statement of status of eligibility is received.
2585	(2) ELIGIBILITY CRITERIA.--To be eligible to seek
2586	certification pursuant to this chapter, a person must:
2587	(a) Be at least 18 years of age.
2588	(b) File a written statement, under oath, that the
2589	applicant subscribes to and will uphold the principles
2590	incorporated in the Constitution of the United States and the
2591	Constitution of the State of Florida.
2592	(c) Document receipt of a bachelor's or higher degree from
2593	an accredited institution of higher learning, or anya
2594	nonaccredited institution of higher learning otherwise approved
2595	pursuant to State Board of Education rulethat the Department of
2596	Education has identified as having a quality program resulting
2597	in a bachelor's degree, or higher. Each applicant seeking
2598	initial certification must have attained at least a 2.5 overall
2599	grade point average on a 4.0 scale in the applicant's major
2600	field of study. The applicant may document the required
2601	education by submitting official transcripts from institutions
2602	of higher education or by authorizing the direct submission of
2603	such official transcripts through established electronic network
2604	systems. The bachelor's or higher degree may not be required in
2605	areas approved in rule by the State Board of Education as
2606	nondegreed areas.
2607	(d) Submit to a fingerprint check from the Department of
2608	Law Enforcement and the Federal Bureau of Investigation pursuant
2609	to s. 1012.32. If the fingerprint reports indicate a criminal
2610	history or if the applicant acknowledges a criminal history, the
2611	applicant's records shall be referred to the Bureau of Educator
2612	Standards for review and determination of eligibility for
2613	certification. If the applicant fails to provide the necessary
2614	documentation requested by the Bureau of Educator Standards
2615	within 90 days after the date of the receipt of the certified
2616	mail request, the statement of eligibility and pending
2617	application shall become invalid.
2618	(e) Be of good moral character.
2619	(f) Be competent and capable of performing the duties,
2620	functions, and responsibilities of an educator.
2621	(g) Demonstrate mastery of general knowledge, pursuant to
2622	subsection (3).
2623	(h) Demonstrate mastery of subject area knowledge,
2624	pursuant to subsection (4).
2625	(i) Demonstrate mastery of professional preparation and
2626	education competence, pursuant to subsection (5).
2627	(3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
2628	demonstrating mastery of general knowledge are:
2629	(a) Achievement of passing scores on basic skills
2630	examination required by state board rule;
2631	(b) Achievement of passing scores on the College Level
2632	Academic Skills Test earned prior to July 1, 2002;
2633	(c) A valid professionalstandard teaching certificate
2634	issued by another state that requires an examination of mastery
2635	of general knowledge;
2636	(d) A valid standard teaching certificate issued by
2637	another state andvalid certificate issued by the National Board
2638	for Professional Teaching Standards or other such nationally
2639	recognized organization as determined by the State Board of
2640	Education; or
2641	(e) Documentation of two semesters of successful teaching
2642	in a community college, state university, or private college or
2643	university that awards an associate or higher degree and is an
2644	accredited institution or an institution of higher education
2645	otherwise approved pursuant to State Board of Education rule; or
2646	(f)(e) A valid standardteaching certificate issued by
2647	another state and documentation of 1 year2 years of continuous
2648	successful full-time teaching or administrative experience
2649	during the 5-year period immediately preceding the date of
2650	application for certification.
2651	(4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
2652	of demonstrating mastery of subject area knowledge are:
2653	(a) Achievement of passing scores on subject area
2654	examinations required by state board rule;
2655	(b) Completion of the subject area specialization
2656	requirements specified in state board rule and verification of
2657	the attainment of the essential subject matter competencies by
2658	the district school superintendent of the employing school
2659	district or chief administrative officer of the employing state-
2660	supported or private school for a subject area for which a
2661	subject area examination has not been developed and required by
2662	state board rule;
2663	(c) Completion of the graduate levelsubject area
2664	specialization requirements specified in state board rule for a
2665	subject coverage requiring a master's or higher degree and
2666	achievement of a passing score on the subject area examination
2667	specified in state board rule;
2668	(d) A valid professionalstandard teaching certificate
2669	issued by another state that requires an examination of mastery
2670	of subject area knowledge;
2671	(e) A valid standard teaching certificate issued by
2672	another state andvalid certificate issued by the National Board
2673	for Professional Teaching Standards or other such nationally
2674	recognized organization as determined by the State Board of
2675	Education; or
2676	(f) A valid standardteaching certificate issued by
2677	another state and documentation of 1 year2 years of continuous
2678	successful full-time teaching or administrative experience
2679	during the 5-year period immediately preceding the date of
2680	application for certification.
2681	(5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
2682	COMPETENCE.--Acceptable means of demonstrating mastery of
2683	professional preparation and education competence are:
2684	(a) Completion of an approved teacher preparation program
2685	at a postsecondary educational institution within this state and
2686	achievement of a passing score on the professional education
2687	competency examination required by state board rule;
2688	(b) Completion of a teacher preparation program offered by
2689	ata postsecondary educational institution outside Florida and
2690	achievement of a passing score on the professional education
2691	competency examination required by state board rule;
2692	(c) A valid professionalstandard teaching certificate
2693	issued by another state that requires an examination of mastery
2694	of professional education competence;
2695	(d) A valid standard teaching certificate issued by
2696	another state andvalid certificate issued by the National Board
2697	for Professional Teaching Standards or other such nationally
2698	recognized organization as determined by the State Board of
2699	Education;
2700	(e) A valid standardteaching certificate issued by
2701	another state and documentation of 1 year2 years of continuous
2702	successful full-time teaching or administrative experience
2703	during the 5-year period immediately preceding the date of
2704	application for certification;
2705	(f) Completion of professional preparation courses as
2706	specified in state board rule, successful completion of a
2707	professional education competence demonstration program pursuant
2708	to paragraph (7)(b), and achievement of a passing score on the
2709	professional education competency examination required by state
2710	board rule; or
2711	(g) Successful completion of a professional preparation
2712	alternative certification and education competency program,
2713	outlined in paragraph (7)(a).
2714
2715	State Board of Education rule governing mastery of professional
2716	preparation and education competence shall be revised as
2717	necessary in accordance with s. 1004.04(2).
2718	(6) TYPES AND TERMS OF CERTIFICATION.--
2719	(a) The Department of Education shall issue a professional
2720	certificate for a period not to exceed 5 years to any applicant
2721	who meets all the requirements outlined in subsection (2).
2722	(b) The department shall issue a temporary certificate to
2723	any applicant who completes the requirements outlined in
2724	paragraphs (2)(a)-(f) and completes the subject area content
2725	requirements specified in state board rule or demonstrates
2726	mastery of subject area knowledge pursuant to subsection (4) and
2727	holds an accredited degree or a degree approved by the
2728	Department of Education at the level required for the subject
2729	area specialization in state board rule.
2730	(c) The department shall issue one nonrenewable 2-year
2731	temporary certificate and one nonrenewable 5-year professional
2732	certificate to a qualified applicant who holds a bachelor's
2733	degree in the area of speech-language impairment to allow for
2734	completion of a master's degree program in speech-language
2735	impairment.
2736
2737	Each temporary certificate is valid for 3 school fiscal years
2738	and is nonrenewable. However, the requirement in paragraph
2739	(2)(g) must be met within 1 calendar year of the date of
2740	employment under the temporary certificate. Individuals who are
2741	employed under contract at the end of the 1 calendar year time
2742	period may continue to be employed through the end of the school
2743	year in which they have been contracted. A school district shall
2744	not employ, or continue the employment of, an individual in a
2745	position for which a temporary certificate is required beyond
2746	this time period if the individual has not met the requirement
2747	of paragraph (2)(g).However,the State Board of Education shall
2748	adopt rules to allow the department to extend the validity
2749	period of a temporary certificate for 2 years when the
2750	requirements for the professional certificate, not including the
2751	requirement in paragraph (2)(g),were not completed due to the
2752	serious illness or injury of the applicant or other
2753	extraordinary extenuating circumstances. Based on emergency
2754	need,the department shall reissue the temporary certificate for
2755	2 additional years upon approval by the Commissioner of
2756	Education. A written request for such reissuance must firstof
2757	the certificate shall be submitted, stating the basis for the
2758	emergency need,by the district school superintendent, the
2759	governing authority of a university lab school, the governing
2760	authority of a state-supported school, or the governing
2761	authority of a private school. However, the Commissioner of
2762	Education may provide to any applicant who, by June 30, 2003,
2763	has demonstrated mastery of general knowledge, subject area
2764	knowledge, and professional preparation and education
2765	competence, pursuant to subsections (3), (4), and (5), except
2766	for achievement of a passing score on one subtest area of the
2767	general knowledge examination, a one-time only extension of his
2768	or her temporary certificate until June 30, 2004.
2769	Section 30. Subsection (1) of section 1012.57, Florida
2770	Statutes, is amended to read:
2771	1012.57 Certification of adjunct educators.--
2772	(1) Notwithstanding the provisions of ss. 1012.32,
2773	1012.55, and 1012.56, or any other provision of law or rule to
2774	the contrary, district school boards shall adopt rules to allow
2775	for the issuance ofmay issuean adjunct teaching certificate to
2776	any applicant who fulfills the requirements of s. 1012.56(2)(a)-
2777	(f) and who has expertise in the subject area to be taught. An
2778	applicant shall be considered to have expertise in the subject
2779	area to be taught if the applicant has at least a minor in the
2780	subject area or demonstrates sufficient subject area mastery
2781	through passage of a subject area testas determined by district
2782	school board policy. The adjunct teaching certificate shall be
2783	used for part-time teaching positions. The intent of this
2784	provision is to allow school districts to tap the wealth of
2785	talent and expertise represented in Florida's citizens who may
2786	wish to teach part-time in a Florida public school by permitting
2787	school districts to issue adjunct certificates to qualified
2788	applicants. Adjunct certificateholders should be used as a
2789	strategy to reduce the teacher shortage; thus, adjunct
2790	certificateholders should supplement a school's instructional
2791	staff, not supplant it. Each school principal shall assign an
2792	experienced peer mentor to assist the adjunct teaching
2793	certificateholder during the certificateholder's first year of
2794	teaching, and an adjunct certificateholder may participate in a
2795	district's new teacher training program. District school boards
2796	shall provide the adjunct teaching certificateholder an
2797	orientation in classroom management prior to assigning the
2798	certificateholder to a school. Each adjunct teaching certificate
2799	is valid for 5 school years and is renewable if:
2800	(a) The applicant completes a minimum of 60 inservice
2801	points or 3 semester hours of college credit. The earned credits
2802	must include instruction in classroom management, district
2803	school board procedures, school culture, and other activities
2804	that enhance the professional teaching skills of the
2805	certificateholder.
2806	(b)the applicant has received satisfactory performance
2807	evaluations during each year of teaching under adjunct teaching
2808	certification.
2809	Section 31. Subsection (13) is added to section 1013.03,
2810	Florida Statutes, to read:
2811	1013.03 Functions of the department.--The functions of the
2812	Department of Education as it pertains to educational facilities
2813	shall include, but not be limited to, the following:
2814	(13) By October 1, 2003, review all rules related to
2815	school construction to identify requirements that are outdated,
2816	obsolete, unnecessary, or otherwise could be amended in order to
2817	provide additional flexibility to school districts to comply
2818	with the constitutional class size maximums described in s.
2819	1003.03(2) and make recommendations concerning such rules to the
2820	State Board of Education. The State Board of Education shall act
2821	on such recommendations by December 31, 2003.
2822	Section 32. Paragraph (d) is added to subsection (1) of
2823	section 1013.31, Florida Statutes, to read:
2824	1013.31 Educational plant survey; localized need
2825	assessment; PECO project funding.--
2826	(1) At least every 5 years, each board shall arrange for
2827	an educational plant survey, to aid in formulating plans for
2828	housing the educational program and student population, faculty,
2829	administrators, staff, and auxiliary and ancillary services of
2830	the district or campus, including consideration of the local
2831	comprehensive plan. The Office of Workforce and Economic
2832	Development shall document the need for additional career and
2833	adult education programs and the continuation of existing
2834	programs before facility construction or renovation related to
2835	career or adult education may be included in the educational
2836	plant survey of a school district or community college that
2837	delivers career or adult education programs. Information used by
2838	the Office of Workforce and Economic Development to establish
2839	facility needs must include, but need not be limited to, labor
2840	market data, needs analysis, and information submitted by the
2841	school district or community college.
2842	(d) Periodic update of Florida Inventory of School
2843	Houses.--School districts shall periodically update their
2844	inventory of educational facilities as new capacity becomes
2845	available and as unsatisfactory space is eliminated. The State
2846	Board of Education shall adopt rules to determine the timeframe
2847	in which school districts must provide a periodic update.
2848	Section 33. Paragraph (b) of subsection (1) and
2849	subsections (2) and (3) of section 1002.37, Florida Statutes,
2850	are amended, subsections (4), (5), and (6) are renumbered as
2851	subsections (5), (6), and (7), respectively, and a new
2852	subsection (4) is added to said section, to read:
2853	1002.37 The Florida Virtual School.--
2854	(1)
2855	(b) The mission of the Florida Virtual School is to
2856	provide students with technology-based educational opportunities
2857	to gain the knowledge and skills necessary to succeed and to
2858	award high school diplomas pursuant to s. 1003.43(9). The school
2859	shall serve any student in the state who meets the profile for
2860	success in this educational delivery context and shall give
2861	priority to:
2862	1. Students enrolled in traditional public school classes
2863	that are not in compliance with the maximum class sizes provided
2864	in s. 1000.03.
2865	2. Students enrolled as full-time students in the Florida
2866	Virtual School and seeking a high school diploma awarded by the
2867	Florida Virtual School.
2868	3.1.Students who need expanded access to courses in order
2869	to meet their educational goals, such as home education students
2870	and students in inner-city and rural and other publichigh
2871	schools who do not have access to higher-level courses.
2872	4.2.Students seeking accelerated access in order to
2873	obtain a high school diploma at least one semester early.
2874
2875	The board of trustees of the Florida Virtual School shall
2876	identify appropriate performance measures and standards based on
2877	student achievement that reflect the school's statutory mission
2878	and priorities, and shall implement an accountability system for
2879	the school that includes assessment of its effectiveness and
2880	efficiency in providing quality services that encourage high
2881	student achievement, seamless articulation, and maximum access.
2882	(2) The Florida Virtual School shall be governed by a
2883	board of trustees comprised of seven members appointed by the
2884	Governor to 4-year staggered terms. The board of trustees shall
2885	be a public agency entitled to sovereign immunity pursuant to s.
2886	768.28, and board members shall be public officers who shall
2887	bear fiduciary responsibility for the Florida Virtual School.
2888	The board of trustees shall have the following powers and
2889	duties:
2890	(a)1. The board of trustees shall meet at least 4 times
2891	each year, upon the call of the chair, or at the request of a
2892	majority of the membership.
2893	2. The fiscal year for the Florida Virtual School shall be
2894	the state fiscal year as provided in s. 216.011(1)(o).
2895	(b) The board of trustees shall be responsible for the
2896	Florida Virtual School's development of a state-of-the-art
2897	technology-based education delivery system that is cost-
2898	effective, educationally sound, marketable, and capable of
2899	sustaining a self-sufficient delivery system through the Florida
2900	Education Finance Program, by fiscal year 2003-2004. The school
2901	shall collect and report data for all students served and credit
2902	awarded. This data shall be segregated by private, public, and
2903	home education students by program. Information shall also be
2904	collected that reflects any other school in which a virtual
2905	school student is enrolled.
2906	(c) The board of trustees shall aggressively seek avenues
2907	to generate revenue to support its future endeavors, and shall
2908	enter into agreements with distance learning providers. The
2909	board of trustees may acquire, enjoy, use, and dispose of
2910	patents, copyrights, and trademarks and any licenses and other
2911	rights or interests thereunder or therein. Ownership of all such
2912	patents, copyrights, trademarks, licenses, and rights or
2913	interests thereunder or therein shall vest in the state, with
2914	the board of trustees having full right of use and full right to
2915	retain the revenues derived therefrom. Any funds realized from
2916	patents, copyrights, trademarks, or licenses shall be considered
2917	internal funds as provided in s. 1011.07. Such funds shall be
2918	used to support the school's marketing and research and
2919	development activities in order to improve courseware and
2920	services to its students.
2921	(d) The board of trustees shall be responsible for the
2922	administration and control of all local school funds derived
2923	from all activities or sources and shall prescribe the
2924	principles and procedures to be followed in administering these
2925	fundsannually prepare and submit to the State Board of
2926	Education a legislative budget request, including funding
2927	requests for computers for public school students who do not
2928	have access to public school computers, in accordance with
2929	chapter 216 and s. 1013.60. The legislative budget request of
2930	the Florida Virtual School shall be prepared using the same
2931	format, procedures, and timelines required for the submission of
2932	the legislative budget of the Department of Education. Nothing
2933	in this section shall be construed to guarantee a computer to
2934	any individual student.
2935	(e) The Florida Virtual School may accrue supplemental
2936	revenue from supplemental support organizations, which include,
2937	but are not limited to, alumni associations, foundations,
2938	parent-teacher associations, and booster associations. The
2939	governing body of each supplemental support organization shall
2940	recommend the expenditure of moneys collected by the
2941	organization for the benefit of the school. Such expenditures
2942	shall be contingent upon the review of the executive director.
2943	The executive director may override any proposed expenditure of
2944	the organization that would violate Florida law or breach sound
2945	educational management.
2946	(f)(e)In accordance with law and rules of the State Board
2947	of Education, the board of trustees shall administer and
2948	maintain personnel programs for all employees of the board of
2949	trustees and the Florida Virtual School. The board of trustees
2950	may adopt rules, policies, and procedures related to the
2951	appointment, employment, and removal of personnel.
2952	1. The board of trustees shall determine the compensation,
2953	including salaries and fringe benefits, and other conditions of
2954	employment for such personnel.
2955	2. The board of trustees may establish and maintain a
2956	personnel loan or exchange program by which persons employed by
2957	the board of trustees for the Florida Virtual School as academic
2958	administrative and instructional staff may be loaned to, or
2959	exchanged with persons employed in like capacities by, public
2960	agencies either within or without this state, or by private
2961	industry. With respect to public agency employees, the program
2962	authorized by this subparagraph shall be consistent with the
2963	requirements of part II of chapter 112. The salary and benefits
2964	of board of trustees personnel participating in the loan or
2965	exchange program shall be continued during the period of time
2966	they participate in a loan or exchange program, and such
2967	personnel shall be deemed to have no break in creditable or
2968	continuous service or employment during such time. The salary
2969	and benefits of persons participating in the personnel loan or
2970	exchange program who are employed by public agencies or private
2971	industry shall be paid by the originating employers of those
2972	participants, and such personnel shall be deemed to have no
2973	break in creditable or continuous service or employment during
2974	such time.
2975	3. The employment of all Florida Virtual School academic
2976	administrative and instructional personnel shall be subject to
2977	rejection for cause by the board of trustees, and shall be
2978	subject to policies of the board of trustees relative to
2979	certification, tenure, leaves of absence, sabbaticals,
2980	remuneration, and such other conditions of employment as the
2981	board of trustees deems necessary and proper, not inconsistent
2982	with law.
2983	4. Each person employed by the board of trustees in an
2984	academic administrative or instructional capacity with the
2985	Florida Virtual School shall be entitled to a contract as
2986	provided by rules of the board of trustees.
2987	5. All employees except temporary, seasonal, and student
2988	employees may be state employees for the purpose of being
2989	eligible to participate in the Florida Retirement System and
2990	receive benefits. The classification and pay plan, including
2991	terminal leave and other benefits, and any amendments thereto,
2992	shall be subject to review and approval by the Department of
2993	Management Services and the Executive Office of the Governor
2994	prior to adoption. In the event that the board of trustees
2995	assumes responsibility for governance pursuant to this section
2996	before approval is obtained, employees shall be compensated
2997	pursuant to the system in effect for the employees of the fiscal
2998	agent.
2999	(g)(f)The board of trustees shall establish priorities
3000	for admission of students in accordance with paragraph (1)(b).
3001	(h)(g)The board of trustees shall establish and
3002	distribute to all school districts and high schools in the state
3003	procedures for enrollment of students in courses offered by the
3004	Florida Virtual School. Such procedures shall be designed to
3005	minimize paperwork and fairly resolve the issue of double
3006	funding students taking courses on-line.
3007	(i) The board of trustees shall establish criteria
3008	defining the elements of an approved franchise. The board of
3009	trustees may enter into franchise agreements with Florida
3010	district school boards and may establish the terms and
3011	conditions governing such agreements. The board of trustees
3012	shall establish the performance and accountability measures and
3013	report the performance of each school district franchise to the
3014	Commissioner of Education.
3015	(j)(h) The board of trustees shall annuallysubmit to the
3016	State Board of Education both forecasted and actual enrollments
3017	and credit completionsfor the Florida Virtual School, according
3018	to procedures established by the State Board of Education. At a
3019	minimum, such procedures must include the number of public,
3020	private, and home education students served by program and by
3021	county of residencedistrict.
3022	(k)(i)The board of trustees shall provide for the content
3023	and custody of student and employee personnel records. Student
3024	records shall be subject to the provisions of s. 1002.22.
3025	Employee records shall be subject to the provisions of s.
3026	1012.31.
3027	(l)(j)The financial records and accounts of the Florida
3028	Virtual School shall be maintained under the direction of the
3029	board of trustees and under rules adopted by the State Board of
3030	Education for the uniform system of financial records and
3031	accounts for the schools of the state.
3032
3033	The Governor shall designate the initial chair of the board of
3034	trustees to serve a term of 4 years. Members of the board of
3035	trustees shall serve without compensation, but may be reimbursed
3036	for per diem and travel expenses pursuant to s. 112.061. The
3037	board of trustees shall be a body corporate with all the powers
3038	of a body corporate and such authority as is needed for the
3039	proper operation and improvement of the Florida Virtual School.
3040	The board of trustees is specifically authorized to adopt rules,
3041	policies, and procedures, consistent with law and rules of the
3042	State Board of Education related to governance, personnel,
3043	budget and finance, administration, programs, curriculum and
3044	instruction, travel and purchasing, technology, students,
3045	contracts and grants, and property as necessary for optimal,
3046	efficient operation of the Florida Virtual School. Tangible
3047	personal property owned by the board of trustees shall be
3048	subject to the provisions of chapter 273.
3049	(3) Funding for the Florida Virtual School shall be
3050	provided as follows:
3051	(a) A "full-time equivalent student" for the Florida
3052	Virtual School is one student who has successfully completed six
3053	credits that shall count toward the minimum number of credits
3054	required for high school graduation. A student who completes
3055	less than six credits shall be a fraction of a full-time
3056	equivalent student. Half-credit completions shall be included in
3057	determining a full-time equivalent student. Credit completed by
3058	a student in excess of the minimum required for that student for
3059	high school graduation is not eligible for funding.
3060	(b) Full-time equivalent student credits completed through
3061	the Florida Virtual School, including credits completed during
3062	the summer, shall be reported to the Department of Education in
3063	the manner prescribed by the department and shall be funded
3064	through the Florida Education Finance Program.
3065	(c) School districts may not limit student access to
3066	courses offered through the Florida Virtual School.
3067	(d) Full-time equivalent student credit completion for
3068	courses offered through the Florida Virtual School shall be
3069	reported only by the Florida Virtual School. School districts
3070	shall report full-time equivalent student membership only for
3071	courses for which the school district provides the instruction.
3072	(e) The district cost differential as provided in s.
3073	1011.62(2) shall be established as 1.000.
3074	(f) The Florida Virtual School shall receive funds for
3075	operating purposes in an amount determined as follows: multiply
3076	the maximum allowable nonvoted discretionary millage for
3077	operations pursuant to s. 1011.71(1) by the value of 95 percent
3078	of the current year's taxable value for school purposes for the
3079	state; divide the result by the total full-time equivalent
3080	membership of the state; and multiply the result by the full-
3081	time equivalent membership of the school. The amount thus
3082	obtained shall be discretionary operating funds and shall be
3083	appropriated from state funds in the General Appropriations Act.
3084	(g) The Florida Virtual School shall receive additional
3085	state funds as may be provided in the General Appropriations
3086	Act.
3087	(h) In addition to the funds provided in the General
3088	Appropriations Act, the Florida Virtual School may receive other
3089	funds from grants and donations.
3090	(a) Until fiscal year 2003-2004, the Commissioner of
3091	Education shall include the Florida Virtual School as a grant-
3092	in-aid appropriation in the department's legislative budget
3093	request to the State Board of Education, the Governor, and the
3094	Legislature, subject to any guidelines imposed in the General
3095	Appropriations Act.
3096	(b) The Orange County District School Board shall be the
3097	temporary fiscal agent of the Florida Virtual School.
3098	(4) School districts operating a virtual school that is an
3099	approved franchise of the Florida Virtual School may count full-
3100	time equivalent students, as provided in paragraph (3)(a), if
3101	such school has been certified as an approved franchise by the
3102	Commissioner of Education based on criteria established by the
3103	board of trustees pursuant to paragraph (2)(i).
3104	Section 34. Paragraph (c) of subsection (1) of section
3105	1011.61, Florida Statutes, is amended to read:
3106	1011.61 Definitions.--Notwithstanding the provisions of s.
3107	1000.21, the following terms are defined as follows for the
3108	purposes of the Florida Education Finance Program:
3109	(1) A "full-time equivalent student" in each program of
3110	the district is defined in terms of full-time students and part-
3111	time students as follows:
3112	(c)1. A "full-time equivalent student" is:
3113	a. A full-time student in any one of the programs listed
3114	in s. 1011.62(1)(c); or
3115	b. A combination of full-time or part-time students in any
3116	one of the programs listed in s. 1011.62(1)(c) which is the
3117	equivalent of one full-time student based on the following
3118	calculations:
3119	(I) A full-time student, except a postsecondary or adult
3120	student or a senior high school student enrolled in adult
3121	education when such courses are required for high school
3122	graduation, in a combination of programs listed in s.
3123	1011.62(1)(c) shall be a fraction of a full-time equivalent
3124	membership in each special program equal to the number of net
3125	hours per school year for which he or she is a member, divided
3126	by the appropriate number of hours set forth in subparagraph
3127	(a)1. or subparagraph (a)2. The difference between that fraction
3128	or sum of fractions and the maximum value as set forth in
3129	subsection (4) for each full-time student is presumed to be the
3130	balance of the student's time not spent in such special
3131	education programs and shall be recorded as time in the
3132	appropriate basic program.
3133	(II) A prekindergarten handicapped student shall meet the
3134	requirements specified for kindergarten students.
3135	(III) A Florida Virtual School full-time equivalent
3136	student shall consist of six full credit completions in the
3137	programs listed in s. 1011.62(1)(c)1. and 4. Credit completions
3138	can be a combination of either full credits or half credits.
3139	2. A student in membership in a program scheduled for more
3140	or less than 180 school days is a fraction of a full-time
3141	equivalent membership equal to the number of instructional hours
3142	in membership divided by the appropriate number of hours set
3143	forth in subparagraph (a)1.; however, for the purposes of this
3144	subparagraph, membership in programs scheduled for more than 180
3145	days is limited to students enrolled in juvenile justice
3146	education programs and the Florida Virtual School.
3147	The department shall determine and implement an equitable method
3148	of equivalent funding for experimental schools and for schools
3149	operating under emergency conditions, which schools have been
3150	approved by the department to operate for less than the minimum
3151	school day.
3152	Section 35. Paragraphs (b), (c), (d), and (e) of
3153	subsection (6) of section 1013.64, Florida Statutes, are amended
3154	to read:
3155	1013.64 Funds for comprehensive educational plant needs;
3156	construction cost maximums for school district capital
3157	projects.--Allocations from the Public Education Capital Outlay
3158	and Debt Service Trust Fund to the various boards for capital
3159	outlay projects shall be determined as follows:
3160	(6)
3161	(b)1. A district school board, including a district school
3162	board of an academic performance-based charter school district,
3163	must not use funds from the following sources:Public Education
3164	Capital Outlay and Debt Service Trust Fund;or theSchool
3165	District and Community College District Capital Outlay and Debt
3166	Service Trust Fund; Classrooms First Program funds provided in
3167	s. 1013.68; effort index grant funds provided in s. 1013.73;
3168	nonvoted 2-mill levy of ad valorem property taxes provided in s.
3169	1011.71(2); Class Size Reduction Infrastructure Program funds
3170	provided in s. 1013.735; District Effort Recognition Program
3171	funds provided in s. 1013.736; school capital outlay sales
3172	surtax provided in s. 212.055(6); local government
3173	infrastructure sales surtax provided in s. 212.055(2); or voted
3174	millage provided in s. 1011.73,for any new construction of
3175	educational plant space with a total cost per student station,
3176	including change orders, that equals more than:
3177	a. $12,755$11,600for an elementary school,
3178	b. $14,624$13,300for a middle school, or
3179	c. $19,352$17,600for a high school,
3180
3181	(January 20021997) as adjusted annually to reflect increases or
3182	decreases inbythe Consumer Price Index.
3183	2. A district school board must not use funds from the
3184	Public Education Capital Outlay and Debt Service Trust Fund or
3185	the School District and Community College District Capital
3186	Outlay and Debt Service Trust Fund for any new construction of
3187	an ancillary plant that exceeds 70 percent of the average cost
3188	per square foot of new construction for all schools.
3189	(c) Except as otherwise provided, new construction
3190	initiated after July 1, 2004, by a district school board funded
3191	solely from proceeds received by school districts through
3192	provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
3193	State Constitutionafter June 30, 1997,must not exceed the cost
3194	per student station as provided in paragraph (b). However, a
3195	school district may exceed the cost per student station provided
3196	in paragraph (b) if the school district:
3197	1. Utilizes funds provided through voted millage options
3198	or, for those school districts with unincarcerated populations
3199	of less than 100,000, funds generated through discretionary
3200	2-mill authority.
3201	2. Holds a public hearing that clearly communicates the
3202	school district’s purpose for the use of the funds and, during a
3203	regularly scheduled meeting of the district school board, votes
3204	to use such funds in the manner and for the purpose identified
3205	in the public hearing.
3206	3. Annually reports to the department the amount of funds
3207	used, the capital outlay for which the funds were used, and the
3208	source of the funds.
3209	(d) The department shall:
3210	1.Compute for each calendar year the statewide average
3211	construction costs for facilities serving each instructional
3212	level, for relocatable educational facilities, for
3213	administrative facilities, and for other ancillary and auxiliary
3214	facilities. The department shall compute the statewide average
3215	costs per student station for each instructional level.
3216	2. Annually review the actual completed construction costs
3217	of educational facilities in each school district. For any
3218	school district in which the total actual cost per student
3219	station, including change orders, exceeds the statewide limits
3220	established in paragraph (b), the school district shall report
3221	to the department the actual cost per student station and the
3222	reason for the school district’s inability to adhere to the
3223	limits established in paragraph (b). The department shall
3224	collect all such reports and shall report to the Governor, the
3225	President of the Senate, and the Speaker of the House of
3226	Representatives by December 31 of each year a summary of each
3227	school district’s spending in excess of the cost per student
3228	station provided in paragraph (b) as reported by the school
3229	districts.
3230
3231	Cost per student station includes contract costs, legal and
3232	administrative costs, fees of architects and engineers,
3233	furniture and equipment, and site improvement costs. Cost per
3234	student station does not include the cost of purchasing or
3235	leasing the site for the construction or the cost of related
3236	offsite improvements.
3237	(e) The restrictions of this subsection on the cost per
3238	student station of new construction do not apply to a project
3239	funded entirely from proceeds received by districts through
3240	provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
3241	State Constitution, if the school board approves the project by
3242	majority vote.
3243	Section 36. Subsection (2) of section 1007.261 and
3244	sections 1012.41, 1013.21, and 1013.43, Florida Statutes, are
3245	repealed.
3246	Section 37. Subsection (13) is added to section 216.292,
3247	Florida Statutes, to read:
3248	216.292 Appropriations nontransferable; exceptions.--
3249	(13) The Executive Office of the Governor shall transfer
3250	funds from appropriations for public school operations to a
3251	fixed capital outlay appropriation for class size reduction
3252	based on recommendations of the Florida Education Finance
3253	Program Appropriation Allocation Conference pursuant to s.
3254	1003.03(5)(a). This subsection is subject to the notice and
3255	review provisions of s. 216.177.
3256	Section 38. Section 1000.041, Florida Statutes, is created
3257	to read:
3258	1000.041 Better educated students and teachers (BEST)
3259	Florida teaching; legislative purposes; guiding principles.--The
3260	legislative purposes and guiding principles of BEST Florida
3261	teaching are:
3262	(1) Teachers teach, students learn.
3263	(2) Teachers maintain orderly, disciplined classrooms
3264	conducive to student learning.
3265	(3) Teachers are trained, recruited, well compensated, and
3266	retained for quality.
3267	(4) Teachers are well rewarded for their students' high
3268	performance.
3269	(5) Teachers are most effective when served by exemplary
3270	school administrators.
3271
3272	Each teacher preparation program, each postsecondary educational
3273	institution providing dual enrollment or other acceleration
3274	programs, each district school board, and each district and
3275	school-based administrator fully supports and cooperates in the
3276	accomplishment of these purposes and guiding principles.
3277	Section 39. Section 1001.33, Florida Statutes, is amended
3278	to read:
3279	1001.33 Schools under control of district school board and
3280	district school superintendent.--
3281	(1)Except as otherwise provided by law, all public
3282	schools conducted within the district shall be under the
3283	direction and control of the district school board with the
3284	district school superintendent as executive officer.
3285	(2) Each district school board, each district school
3286	superintendent, and each district and school-based administrator
3287	shall cooperate to apply the following guiding principles for
3288	better educated students and teachers (BEST) Florida teaching:
3289	(a) Teachers teach, students learn.
3290	(b) Teachers maintain orderly, disciplined classrooms
3291	conducive to student learning.
3292	(c) Teachers are trained, recruited, well compensated, and
3293	retained for quality.
3294	(d) Teachers are well rewarded for their students' high
3295	performance.
3296	(e) Teachers are most effective when served by exemplary
3297	school administrators.
3298	Section 40. Subsections (5) and (6) of section 1001.42,
3299	Florida Statutes, are amended to read:
3300	1001.42 Powers and duties of district school board.--The
3301	district school board, acting as a board, shall exercise all
3302	powers and perform all duties listed below:
3303	(5) PERSONNEL.--
3304	(a)Designate positions to be filled, prescribe
3305	qualifications for those positions, and provide for the
3306	appointment, compensation, promotion, suspension, and dismissal
3307	of employees, subject to the requirements of chapter 1012. Each
3308	district school board shall provide clerical personnel or
3309	volunteers who are not classroom teachers to assist teachers in
3310	noninstructional activities, including performing paperwork and
3311	recordkeeping duties. However, a teacher shall remain
3312	responsible for all instructional activities and for classroom
3313	management and grading student performance.
3314	(b)Notwithstanding s. 1012.55 or any other provision of
3315	law or rule to the contrary and, the district school board may,
3316	consistent with adopted district school board policy relating to
3317	alternative certification for school principals, have the
3318	authority toappoint persons to the position of school principal
3319	who do not hold educator certification.
3320	(c) Fully support and cooperate in the application of the
3321	guiding principles for better educated students and teachers
3322	(BEST) Florida teaching, pursuant to s. 1000.041.
3323	(6) STUDENTCHILDWELFARE.--
3324	(a)In accordance with the provisions of chapters 1003 and
3325	1006, provide for the proper accounting for all students
3326	childrenof school age, for the attendance and control of
3327	students at school, and for proper attention to health, safety,
3328	and other matters relating to the welfare of studentschildren.
3329	(b) In accordance with the provisions of ss. 1003.31 and
3330	1003.32, fully support the authority of each teacher and school
3331	bus driver to remove disobedient, disrespectful, violent,
3332	abusive, uncontrollable, or disruptive students from the
3333	classroom and the school bus and the authority of the school
3334	principal to place such students in an alternative educational
3335	setting, when appropriate and available.
3336	Section 41. Subsection (23) of section 1001.51, Florida
3337	Statutes, is renumbered as subsection (25), and new subsections
3338	(23) and (24) are added to said section to read:
3339	1001.51 Duties and responsibilities of district school
3340	superintendent.--The district school superintendent shall
3341	exercise all powers and perform all duties listed below and
3342	elsewhere in the law, provided that, in so doing, he or she
3343	shall advise and counsel with the district school board. The
3344	district school superintendent shall perform all tasks necessary
3345	to make sound recommendations, nominations, proposals, and
3346	reports required by law to be acted upon by the district school
3347	board. All such recommendations, nominations, proposals, and
3348	reports by the district school superintendent shall be either
3349	recorded in the minutes or shall be made in writing, noted in
3350	the minutes, and filed in the public records of the district
3351	school board. It shall be presumed that, in the absence of the
3352	record required in this section, the recommendations,
3353	nominations, and proposals required of the district school
3354	superintendent were not contrary to the action taken by the
3355	district school board in such matters.
3356	(23) QUALITY TEACHERS.--Fully support and cooperate in the
3357	application of the guiding principles for better educated
3358	students and teachers (BEST) Florida teaching, pursuant to s.
3359	1000.041.
3360	(24) ORDERLY CLASSROOMS AND SCHOOL BUSES.--Fully support
3361	the authority of each teacher, according to s. 1003.32, and
3362	school bus driver to remove disobedient, disrespectful, violent,
3363	abusive, uncontrollable, or disruptive students from the
3364	classroom and the school bus and the authority of the school
3365	principal to place such students in an alternative educational
3366	setting, when appropriate and available.
3367	Section 42. Subsection (1) of section 1001.54, Florida
3368	Statutes, is amended to read:
3369	1001.54 Duties of school principals.--
3370	(1)(a)A district school board shall employ, through
3371	written contract, public school principals.
3372	(b)The school principal has authority over school
3373	district personnel in accordance with s. 1012.28.
3374	(c) The school principal shall encourage school personnel
3375	to implement the guiding principles for better educated students
3376	and teachers (BEST) Florida teaching, pursuant to s. 1000.041.
3377	(d) The school principal should fully support the
3378	authority of each teacher, according to s. 1003.32, and school
3379	bus driver to remove disobedient, disrespectful, violent,
3380	abusive, uncontrollable, or disruptive students from the
3381	classroom and the school bus and, when appropriate and
3382	available, place such students in an alternative educational
3383	setting.
3384	Section 43. Subsection (22) is added to said section
3385	1002.20, Florida Statutes, to read:
3386	1002.20 K-12 student and parent rights.--K-12 students and
3387	their parents are afforded numerous statutory rights including,
3388	but not limited to, the following:
3389	(22) ORDERLY, DISCIPLINED CLASSROOMS.--Public school
3390	students shall be in orderly, disciplined classrooms conducive
3391	to learning without the distraction caused by disobedient,
3392	disrespectful, violent, abusive, uncontrollable, or disruptive
3393	students, in accordance with s. 1003.32.
3394	Section 44. Subsection (13) of section 1002.42, Florida
3395	Statutes, is amended to read:
3396	1002.42 Private schools.--
3397	(13) PROFESSIONAL DEVELOPMENT SYSTEM.--An organization of
3398	private schools that has no fewer than 10 member schools in this
3399	state may develop a professional development system to be filed
3400	with the Department of Education in accordance with the
3401	provisions of s. 1012.98(6)(7).
3402	Section 45. Section 1003.04, Florida Statutes, is amended
3403	to read:
3404	1003.04 Student conduct and parental involvement goals.--
3405	(1) It is the goal of the Legislature and each district
3406	school board that Each public K-12 student must comply with
3407	school attendance lawsremain in attendancethroughout the
3408	school year, unless excused by the school for illness or other
3409	good cause, and mustcomply fully with the school's code of
3410	conduct.
3411	(2) The parent of each public K-12 student must cooperate
3412	with the authority of the student's district school board,
3413	superintendent, principal, teachers, and school bus drivers,
3414	according to ss. 1003.31 and 1003.32, to remove the student from
3415	the classroom and the school bus and, when appropriate and
3416	available, to place the student in an alternative educational
3417	setting, if the student is disobedient, disrespectful, violent,
3418	abusive, uncontrollable, or disruptive.
3419	(3)(2)It is the goal of the Legislature and each district
3420	school board that the parent of each public K-12 student comply
3421	with the school's reasonable and time-acceptable parental
3422	involvement requests.
3423	Section 46. Subsection (1) of section 1003.31, Florida
3424	Statutes, is amended to read:
3425	1003.31 Students subject to control of school.--
3426	(1) Subject to law and rules of the State Board of
3427	Education and of the district school board, each student
3428	enrolled in a school shall:
3429	(a) During the time she or he is being transported to or
3430	from school at public expense;
3431	(b) During the time she or he is attending school;
3432	(c) During the time she or he is on the school premises
3433	participating with authorization in a school-sponsored activity;
3434	and
3435	(d) During a reasonable time before and after the student
3436	is on the premises for attendance at school or for authorized
3437	participation in a school-sponsored activity, and only when on
3438	the premises,
3439
3440	be under the control and direction of the principal or teacher
3441	in charge of the school, and under the immediate control and
3442	direction of the teacher or other member of the instructional
3443	staff or of the bus driver to whom such responsibility may be
3444	assigned by the principal. However, the State Board of Education
3445	or the district school board may, by rules, subject each student
3446	to the control and direction of the principal or teacher in
3447	charge of the school during the time she or he is otherwise en
3448	route to or from school or is presumed by law to be attending
3449	school. Each district school board, each district school
3450	superintendent, and each school principal should fully support
3451	the authority of teachers, according to s. 1003.32, and school
3452	bus drivers to remove disobedient, disrespectful, violent,
3453	abusive, uncontrollable, or disruptive students from the
3454	classroom and the school bus and, when appropriate and
3455	available, place such students in an alternative educational
3456	setting.
3457	Section 47. Section 1003.32, Florida Statutes, is amended
3458	to read:
3459	1003.32 Authority of teacher; responsibility for control
3460	of students; district school board and principal
3461	duties.--Subject to law and to the rules of the district school
3462	board, each teacher or other member of the staff of any school
3463	shall have such authority for the control and discipline of
3464	students as may be assigned to him or her by the principal or
3465	the principal's designated representative and shall keep good
3466	order in the classroom and in other places in which he or she is
3467	assigned to be in charge of students.
3468	(1) In accordance with this section andwithin the
3469	framework of the district school board's code of student
3470	conduct, teachers and other instructional personnel shall have
3471	the authority to undertake any of the following actions in
3472	managing student behavior and ensuring the safety of all
3473	students in their classes and school and their opportunity to
3474	learn in an orderly and disciplined classroom:
3475	(a) Establish classroom rules of conduct.
3476	(b) Establish and implement consequences, designed to
3477	change behavior, for infractions of classroom rules.
3478	(c) Have disobedient, disrespectful, violent, abusive,
3479	uncontrollable, or disruptive students temporarilyremoved from
3480	the classroom for behavior management intervention.
3481	(d) Have violent, abusive, uncontrollable, or disruptive
3482	students directed for information or assistance from appropriate
3483	school or district school board personnel.
3484	(e) Assist in enforcing school rules on school property,
3485	during school-sponsored transportation, and during school-
3486	sponsored activities.
3487	(f) Request and receive information as to the disposition
3488	of any referrals to the administration for violation of
3489	classroom or school rules.
3490	(g) Request and receive immediate assistance in classroom
3491	management if a student becomes uncontrollable or in case of
3492	emergency.
3493	(h) Request and receive training and other assistance to
3494	improve skills in classroom management, violence prevention,
3495	conflict resolution, and related areas.
3496	(i) Press charges if there is reason to believe thata
3497	crime has been committed against the teacher or other
3498	instructional personnelon school property, during school-
3499	sponsored transportation, or during school-sponsored activities.
3500	(j) Use reasonable force, according to standards adopted
3501	by the State Board of Education, to protect himself or herself
3502	or others from injury.
3503	(k) Use corporal punishment according to school board
3504	policy and at least the following procedures, if a teacher feels
3505	that corporal punishment is necessary:
3506	1. The use of corporal punishment shall be approved in
3507	principle by the principal before it is used, but approval is
3508	not necessary for each specific instance in which it is used.
3509	The principal shall prepare guidelines for administering such
3510	punishment which identify the types of punishable offenses, the
3511	conditions under which the punishment shall be administered, and
3512	the specific personnel on the school staff authorized to
3513	administer the punishment.
3514	2. A teacher or principal may administer corporal
3515	punishment only in the presence of another adult who is informed
3516	beforehand, and in the student's presence, of the reason for the
3517	punishment.
3518	3. A teacher or principal who has administered punishment
3519	shall, upon request, provide the student's parent with a written
3520	explanation of the reason for the punishment and the name of the
3521	other adult who was present.
3522	(2) Teachers and other instructional personnel shall:
3523	(a) Set and enforce reasonable classroom rules that treat
3524	all students equitably.
3525	(b) Seek professional development to improve classroom
3526	management skills when data show that they are not effective in
3527	handling minor classroom disruptions.
3528	(c) Maintain an orderly and disciplined classroom witha
3529	positive and effective learning environment that maximizes
3530	learning and minimizes disruption.
3531	(d) Work with parents and other school personnel to solve
3532	discipline problems in their classrooms.
3533	(3) A teacher may send a student to the principal's office
3534	to maintain effective discipline in the classroom and may
3535	recommend an appropriate consequence consistent with the student
3536	code of conduct under s. 1006.07. The principal shall respond by
3537	employing the teacher's recommended consequence or a more
3538	serious disciplinary action if the student's history of
3539	disruptive behavior warrants it. If the principal determines
3540	that a different disciplinary action is appropriate, the
3541	principal should consult with the teacher prior to taking such
3542	different disciplinary actionappropriate discipline-management
3543	techniques consistent with the student code of conduct under s.
3544	1006.07.
3545	(4) A teacher may remove a student from class a student
3546	whose behavior the teacher determines interferes with the
3547	teacher's ability to communicate effectively with the students
3548	in the class or with the ability of the student's classmates to
3549	learn. Each district school board, each district school
3550	superintendent, and each school principal should support the
3551	authority of teachers to remove disobedient, violent, abusive,
3552	uncontrollable, or disruptive students from the classroom.
3553	(5) If a teacher removes a student from class under
3554	subsection (4), the principal may place the student in another
3555	appropriate classroom, in in-school suspension, or in a dropout
3556	prevention and academic intervention program as provided by s.
3557	1003.53; or the principal may recommend the student for out-of-
3558	school suspension or expulsion, as appropriate. The student may
3559	be prohibited from attending or participating in school-
3560	sponsored or school-related activities. The principal may not
3561	return the student to that teacher's class without the teacher's
3562	consent unless the committee established under subsection (6)
3563	determines that such placement is the best or only available
3564	alternative. The teacher and the placement review committee must
3565	render decisions within 5 days of the removal of the student
3566	from the classroom.
3567	(6)(a) Each school shall establish a placement review
3568	committee to determine placement of a student when a teacher
3569	withholds consent to the return of a student to the teacher's
3570	class. A school principal must notify each teacher in that
3571	school about the availability, the procedures, and the criteria
3572	for the placement review committee as outlined in this section.
3573	(b) The principal must report on a quarterly basis to the
3574	district school superintendent and district school board each
3575	incidence of a teacher's withholding consent for a removed
3576	student to return to the teacher's class and the disposition of
3577	the incident, and the superintendent must annually report these
3578	data to the department.
3579	(c) The Commissioner of Education shall annually review
3580	each school district's compliance with this section, and success
3581	in achieving orderly classrooms, and shall use all appropriate
3582	enforcement actions up to and including the withholding of
3583	disbursements from the Educational Enhancement Trust Fund until
3584	full compliance is verified.
3585	(d) Placement reviewcommittee membership must include at
3586	least the following:
3587	1.(a) Two teachers, one selected by the school's faculty
3588	and one selected by the teacher who has removed the student.
3589	2.(b)One member from the school's staff who is selected
3590	by the principal.
3591
3592	The teacher who withheld consent to readmitting the student may
3593	not serve on the committee. The teacher and the placement review
3594	committee must render decisions within 5 days after the removal
3595	of the student from the classroom. If the placement review
3596	committee's decision is contrary to the decision of the teacher
3597	to withhold consent to the return of the removed student to the
3598	teacher's class, the teacher may appeal the committee's decision
3599	to the district school superintendent.
3600	(7) Any teacher who removes 25 percent of his or her total
3601	class enrollment shall be required to complete professional
3602	development to improve classroom management skills.
3603	(8) Each teacher or other member of the staff of any
3604	school who knows or has reason to believe that any person has
3605	committed, or has made a credible threat to commit, a crime of
3606	violence on school property shall report such knowledge or
3607	belief in accordance with the provisions of s. 1006.13. Each
3608	district school superintendent and each school principal shall
3609	fully support good faith reporting in accordance with the
3610	provisions of this subsection and s. 1006.13. Any person who
3611	makes a report required by this subsection in good faith shall
3612	be immune from civil or criminal liability for making the
3613	report.
3614	(9)(8)When knowledgeable of the likely risk of physical
3615	violence in the schools, the district school board shall take
3616	reasonable steps to ensure that teachers, other school staff,
3617	and students are not at undue risk of violence or harm.
3618	Section 48. Section 1004.04, Florida Statutes, is amended
3619	to read:
3620	1004.04 Public accountability and state approval for
3621	teacher preparation programs.--
3622	(1) INTENT.--
3623	(a)The Legislature recognizes that skilled teachers make
3624	an important contribution to a system that allows students to
3625	obtain a high-quality education.
3626	(b) The intent of the Legislature is to require the State
3627	Board of Education to attainestablisha system for development
3628	and approval of teacher preparation programs that allowswill
3629	freepostsecondary teacher preparation institutions to employ
3630	varied and innovative teacher preparation techniques while being
3631	held accountable for producing graduates with the competencies
3632	and skills necessary to achieve the state education goals; help
3633	the state's diverse student population, including students who
3634	have substandard reading and computational skills andstudents
3635	with limited English proficiency, meet high standards for
3636	academic achievement; maintain safe, secure classroom learning
3637	environments; and sustain the state system of school improvement
3638	and education accountability established pursuant to ss.
3639	1000.03(5) and 1008.345.
3640	(2) UNIFORM CORE CURRICULA.--
3641	(a)The State Board of Education shall adopt rules
3642	pursuant to ss. 120.536(1) and 120.54 that establish uniform
3643	core curricula for each state-approved teacher preparation
3644	program.
3645	(b) The rules to establish uniform core curricula for each
3646	state-approved teacher preparation program must include, but are
3647	not limited to, a State Board of Education identified foundation
3648	in scientifically researched, knowledge-based reading literacy
3649	and computational skills acquisition; classroom management;
3650	school safety; professional ethics; educational law; human
3651	development and learning; and understanding of the Sunshine
3652	State Standards content measured by state achievement tests,
3653	reading and interpretation of data, and use of data to improve
3654	student achievement.
3655	(c) These rules shall not require an additional period of
3656	time-to-degree but may be phased in to enable teacher
3657	preparation programs to supplant courses, including pedagogy
3658	courses, not required by law or State Board of Education rule
3659	with the courses identified pursuant to paragraph (b).
3660	(3)(2)DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A
3661	system developed by the Department of Education in collaboration
3662	with postsecondary educational institutions shall assist
3663	departments and colleges of education in the restructuring of
3664	their programs in accordance with this sectionto meet the need
3665	for producing quality teachers now and in the future.
3666	(a)The system must be designed to assist teacher
3667	educators in conceptualizing, developing, implementing, and
3668	evaluating programs that meet state-adopted standards. These
3669	standards shall emphasize quality indicators drawn from
3670	research, professional literature, recognized guidelines,
3671	Florida essential teaching competencies and educator-
3672	accomplished practices, effective classroom practices, and the
3673	outcomes of the state system of school improvement and education
3674	accountability, as well as performance measures.
3675	(b)Departments and colleges of education shall emphasize
3676	the state system of school improvement and education
3677	accountability concepts and standards, including Sunshine State
3678	Standards.
3679	(c)State-approved teacher preparation programs must
3680	incorporate:
3681	1.Appropriate English for Speakers of Other Languages
3682	instruction so that program graduates will have completed the
3683	requirements for teaching limited English proficient students in
3684	Florida public schools.
3685	2. Scientifically researched, knowledge-based reading
3686	literacy and computational skills instruction so that program
3687	graduates will be able to provide the necessary academic
3688	foundations for their students at whatever grade levels they
3689	choose to teach.
3690	(4)(3)INITIAL STATE PROGRAM APPROVAL.--
3691	(a) A program approval process based on standards adopted
3692	pursuant to subsectionssubsection (2) and (3)must be
3693	established for postsecondary teacher preparation programs,
3694	phased in according to timelines determined by the Department of
3695	Education, and fully implemented for all teacher preparation
3696	programs in the state. Each program shall be approved by the
3697	department, consistent with the intent set forth in subsection
3698	(1) and based primarily upon significant, objective, and
3699	quantifiable graduate performance measures.
3700	(b) Each teacher preparation program approved by the
3701	Department of Education, as provided for by this section, shall
3702	require students to meet the following as prerequisites for
3703	admission into the program:
3704	1. Have a grade point average of at least 2.5 on a 4.0
3705	scale for the general education component of undergraduate
3706	studies or have completed the requirements for a baccalaureate
3707	degree with a minimum grade point average of 2.5 on a 4.0 scale
3708	from any college or university accredited by a regional
3709	accrediting association as defined by State Board of Education
3710	rule or any college or university otherwise approved pursuant to
3711	State Board of Education rule.
3712	2. Demonstrate mastery of general knowledge, including the
3713	ability to read, write, and compute, by passing the College
3714	Level Academic Skills Test, a corresponding component of the
3715	National Teachers Examination series, or a similar test pursuant
3716	to rules of the State Board of Education.
3717
3718	Each teacher preparation program may waive these admissions
3719	requirements for up to 10 percent of the students admitted.
3720	Programs shall implement strategies to ensure that students
3721	admitted under a waiver receive assistance to demonstrate
3722	competencies to successfully meet requirements for
3723	certification.
3724	(5)(4)CONTINUED PROGRAM APPROVAL.--Notwithstanding
3725	subsection (4)(3), failure by a public or nonpublic teacher
3726	preparation program to meet the criteria for continued program
3727	approval shall result in loss of program approval. The
3728	Department of Education, in collaboration with the departments
3729	and colleges of education, shall develop procedures for
3730	continued program approval that document the continuous
3731	improvement of program processes and graduates' performance.
3732	(a) Continued approval of specific teacher preparation
3733	programs at each public and nonpublic postsecondary educational
3734	institution within the state is contingent upon the passing of
3735	the written examination required by s. 1012.56 by at least 90
3736	percent of the graduates of the program who take the
3737	examination. On request of an institution,The Department of
3738	Education shall annuallyprovide an analysis of the performance
3739	of the graduates of such institution with respect to the
3740	competencies assessed by the examination required by s. 1012.56.
3741	(b) Additional criteria for continued program approval for
3742	public institutions may be approved by the State Board of
3743	Education. Such criteria must emphasize instruction in classroom
3744	management and must provide for the evaluation of the teacher
3745	candidates' performance in this area. The criteria shall also
3746	require instruction in working with underachieving students.
3747	Program evaluation procedures must include, but are not limited
3748	to, program graduates' satisfaction with instruction and the
3749	program's responsiveness to local school districts. Additional
3750	criteria for continued program approval for nonpublic
3751	institutions shall be developed in the same manner as for public
3752	institutions; however, such criteria must be based upon
3753	significant, objective, and quantifiable graduate performance
3754	measures. Responsibility for collecting data on outcome measures
3755	through survey instruments and other appropriate means shall be
3756	shared by the postsecondary educational institutions and the
3757	Department of Education. By January 1 of each year, the
3758	Department of Education shall report this information for each
3759	postsecondary educational institution that has state-approved
3760	programs of teacher education to the Governor, the State Board
3761	of Education, the Commissioner of Education, the President of
3762	the Senate, the Speaker of the House of Representatives, all
3763	Florida postsecondary teacher preparation programs, and
3764	interested members of the public. This report must analyze the
3765	data and make recommendations for improving teacher preparation
3766	programs in the state.
3767	(c) Continued approval for a teacher preparation program
3768	is contingent upon the results of periodicannual reviews, on a
3769	schedule established by the State Board of Education,of the
3770	program conducted by the postsecondary educational institution,
3771	using procedures and criteria outlined in an institutional
3772	program evaluation plan approved by the Department of Education.
3773	This plan must incorporate the criteria established in
3774	paragraphs (a) and (b) and include provisions for involving
3775	primary stakeholders, such as program graduates, district school
3776	personnel, classroom teachers, principals, community agencies,
3777	and business representatives in the evaluation process. Upon
3778	request by an institution, the department shall provide
3779	assistance in developing, enhancing, or reviewing the
3780	institutional program evaluation plan and training evaluation
3781	team members.
3782	(d) Continued approval for a teacher preparation program
3783	is contingent upon standards being in place that are designed to
3784	adequately prepare elementary, middle, and high school teachers
3785	to instruct their students in reading andhigher-level
3786	mathematics concepts and in the use of technology at the
3787	appropriate grade level.
3788	(e) Continued approval of teacher preparation programs is
3789	contingent upon compliance with the student admission
3790	requirements of subsection (4)(3)and upon the receipt of at
3791	least a satisfactory rating from public schools and private
3792	schools that employ graduates of the program. Each teacher
3793	preparation program at a state university or community college
3794	shall guarantee that its graduates will demonstrate the skills
3795	specified in subparagraphs 1.-5. during the first 2 years
3796	immediately following graduation from the program or following
3797	initial certification, whichever occurs first. Any teacher in a
3798	Florida public school who fails to demonstrate the essential
3799	skills specified in subparagraphs 1.-5. shall be provided
3800	additional training by the state university or community college
3801	from which he or she received the education degree at no expense
3802	to the teacher or the employer. Such training must consist of an
3803	individualized plan agreed upon by the school district and the
3804	public postsecondary educational institution that includes
3805	specific learning outcomes. The public postsecondary educational
3806	institution assumes no responsibility for the teacher's
3807	employment contract with the employer.Employer satisfaction
3808	shall be determined by aan annually administeredsurvey
3809	instrument approved by the Department of Education and annually
3810	administered by the postsecondary educational institutionthat,
3811	at a minimum, must include employer satisfaction of the
3812	graduates' ability to do the following:
3813	1. Write and speak in a logical and understandable style
3814	with appropriate grammar.
3815	2. Recognize signs of students' difficulty with the
3816	reading and computational process and apply appropriate measures
3817	to improve students' reading and computational performance.
3818	3. Use and integrate appropriate technology in teaching
3819	and learning processes.
3820	4. Demonstrate knowledge and understanding of Sunshine
3821	State Standards.
3822	5. Maintain an orderly and disciplined classroom conducive
3823	to student learning.
3824	(f)1. Each Florida public and private institution that
3825	offers a state-approved teacher preparation program must
3826	annually report information regarding these programs to the
3827	state and the general public. This information shall be reported
3828	in a uniform and comprehensible manner that is consistent with
3829	definitions and methods approved by the Commissioner of the
3830	National Center for Educational Statistics and that is approved
3831	by the State Board of Education. This information must include,
3832	at a minimum:
3833	a. The percent of graduates obtaining full-time teaching
3834	employment within the first year of graduation.
3835	b. The average length of stay of graduates in their full-
3836	time teaching positions.
3837	c. Satisfaction ratings required in paragraph (e).
3838	2. Each public and private institution offering training
3839	for school readiness related professions, including training in
3840	the fields of child care and early childhood education, whether
3841	offering technical credit, associate in applied science degree
3842	programs, associate in science degree programs, or associate in
3843	arts degree programs, shall annually report information
3844	regarding these programs to the state and the general public in
3845	a uniform and comprehensible manner that conforms with
3846	definitions and methods approved by the State Board of
3847	Education. This information must include, at a minimum:
3848	a. Average length of stay of graduates in their positions.
3849	b. Satisfaction ratings of graduates' employers.
3850
3851	This information shall be reported through publications,
3852	including college and university catalogs and promotional
3853	materials sent to potential applicants, secondary school
3854	guidance counselors, and prospective employers of the
3855	institution's program graduates.
3856	(6)(5)PRESERVICE FIELD EXPERIENCE.--All postsecondary
3857	instructors, school district personnel and instructional
3858	personnel, and school sites preparing instructional personnel
3859	through preservice field experience courses and internships
3860	shall meet special requirements. District school boards are
3861	authorized to pay student teachers during their internships.
3862	(a) All instructors in postsecondary teacher preparation
3863	programs who instruct or supervise preservice field experience
3864	courses or internships shall have at least one of the following:
3865	specialized training in clinical supervision; a valid
3866	professional teaching certificate pursuant to ss. 1012.56 and
3867	1012.585; or at least 3 years of successful teaching experience
3868	in prekindergarten through grade 12.
3869	(b) All school district personnel and instructional
3870	personnel who supervise or direct teacher preparation students
3871	during field experience courses or internships must have
3872	evidence of "clinical educator" training and must successfully
3873	demonstrate effective classroom management strategies that
3874	consistently result in improved student performance. The State
3875	Board of Education shall approve the training requirements.
3876	(c) Preservice field experience programs must provide
3877	specific guidance and demonstration of effective classroom
3878	management strategies, strategies for incorporating technology
3879	into classroom instruction, strategies for incorporating
3880	scientifically researched, knowledge-based reading literacy and
3881	computational skills acquisition into classroom instruction,and
3882	ways to link instructional plans to the Sunshine State
3883	Standards, as appropriate. The length of structured field
3884	experiences may be extended to ensure that candidates achieve
3885	the competencies needed to meet certification requirements.
3886	(d) Postsecondary teacher preparation programs in
3887	cooperation with district school boards and approved private
3888	school associations shall select the school sites for preservice
3889	field experience activities. These sites must represent the full
3890	spectrum of school communities, including, but not limited to,
3891	schools located in urban settings. In order to be selected,
3892	school sites must demonstrate commitment to the education of
3893	public school students and to the preparation of future
3894	teachers.
3895	(7)(6)STANDARDS OF EXCELLENCE.--The State Board of
3896	Education shall approve standards of excellence for teacher
3897	preparation. These standards must exceed the requirements for
3898	program approval pursuant to subsection (4)(3)and must
3899	incorporate state and national recommendations for exemplary
3900	teacher preparation programs.
3901	(8)(7)NATIONAL BOARD STANDARDS.--The State Board of
3902	Education shall review standards and recommendations developed
3903	by the National Board for Professional Teaching Standards and
3904	may incorporate those parts deemed appropriate into criteria for
3905	continued state program approval, standards of excellence, and
3906	requirements for inservice education.
3907	(9)(8)COMMUNITY COLLEGES.--To the extent practical,
3908	postsecondary educational institutions offering teacher
3909	preparation programs shall establish articulation agreements on
3910	a core of liberal arts courses and introductory professional
3911	courses with field experience components which shall be offered
3912	at community colleges.
3913	(10)(9)PRETEACHER AND TEACHER EDUCATION PILOT
3914	PROGRAMS.--State universities and community colleges may
3915	establish preteacher education and teacher education pilot
3916	programs to encourage promising minority students to prepare for
3917	a career in education. These pilot programs shall be designed to
3918	recruit and provide additional academic, clinical, and
3919	counseling support for students whom the institution judges to
3920	be potentially successful teacher education candidates, but who
3921	may not meet teacher education program admission standards.
3922	Priority consideration shall be given to those pilot programs
3923	that are jointly submitted by community colleges and state
3924	universities.
3925	(a) These pilot programs shall be approved by the State
3926	Board of Education and shall be designed to provide help and
3927	support for program participants during the preteacher education
3928	period of general academic preparation at a community college or
3929	state university and during professional preparation in a state-
3930	approved teacher education program. Emphasis shall be placed on
3931	development of the basic skills needed by successful teachers.
3932	(b) State universities and community colleges may admit
3933	into the pilot program those incoming students who demonstrate
3934	an interest in teaching as a career, but who may not meet the
3935	requirements for entrance into an approved teacher education
3936	program.
3937	1. Flexibility may be given to colleges of education to
3938	develop and market innovative teacher training programs directed
3939	at specific target groups such as graduates from the colleges of
3940	arts and sciences, employed education paraprofessionals,
3941	substitute teachers, early federal retirees, and nontraditional
3942	college students. Programs must be submitted to the State Board
3943	of Education for approval.
3944	2. Academically successful graduates in the fields of
3945	liberal arts and science may be encouraged to embark upon a
3946	career in education.
3947	3. Models may be developed to provide a positive initial
3948	experience in teaching in order to encourage retention. Priority
3949	should be given to models that encourage minority graduates.
3950	(c) In order to be certified, a graduate from a pilot
3951	program shall meet all requirements for teacher certification
3952	specified by s. 1012.56. Should a graduate of a pilot program
3953	not meet the requirements of s. 1012.56, that person shall not
3954	be included in the calculations required by paragraph (5)(4)(a)
3955	and State Board of Education rules for continued program
3956	approval, or in the statutes used by the State Board of
3957	Education in deciding which teacher education programs to
3958	approve.
3959	(d) Institutions participating in the pilot program shall
3960	submit an annual report evaluating the success of the program to
3961	the Commissioner of Education by March 1 of each year. The
3962	report shall include, at a minimum,contain, but shall not be
3963	limited to:the number of pilot program participants, including
3964	the number participating in general education and the number
3965	admitted to approved teacher education programs, the number of
3966	pilot program graduates, and the number of pilot program
3967	graduates who met the requirements of s. 1012.56. The
3968	commissioner shall consider the number of participants
3969	recruited, the number of graduates, and the number of graduates
3970	successfully meeting the requirements of s. 1012.56 reported by
3971	each institution, and shall make an annual recommendation to the
3972	State Board of Education regarding the institution's continued
3973	participation in the pilot program.
3974	(11)(10)TEACHER EDUCATION PILOT PROGRAMS FOR HIGH-
3975	ACHIEVING STUDENTS.--Pilot teacher preparation programs may
3976	shall be established at any college or university that has a
3977	state board approved teacher preparation programthe University
3978	of Central Florida, the University of North Florida, and the
3979	University of South Florida. These programs shall include a
3980	year-long paid teaching assignment and competency-based learning
3981	experiences and shall be designed to encourage high-achieving
3982	students, as identified by the institution, to pursue a career
3983	in education. Priority consideration shall be given to students
3984	obtaining academic degrees in mathematics, science, engineering,
3985	reading, or identified critical shortage areas.Students chosen
3986	to participate in the pilot programs shall agree to teach for at
3987	least 3 years1 yearafter they receive their degrees. Criteria
3988	for identifying high-achieving students shall be developed by
3989	the institution and shall include, at a minimum, requirements
3990	that the student have a 3.3 grade point average or above and
3991	that the student has demonstrated mastery of general knowledge
3992	pursuant to s. 1012.56. The year-long paid teaching assignment
3993	shall begin after completion of the equivalent of 3 years of the
3994	state university teacher preparation program.
3995	(a) Each pilot program shall be designed to include:
3996	1. A year-long paid teaching assignment at a low-
3997	performingspecifiedschool site during the fourth year of the
3998	state university teacher preparation program, which includes
3999	intense supervision by a support team trained in clinical
4000	education. The support team shall include a state university
4001	supervisor and experienced school-based mentors. A mentor
4002	teacher shall be assigned to each fourth year employed teacher
4003	to implement an individualized learning plan. This mentor
4004	teacher will be considered an adjunct professor for purposes of
4005	this program and may receive credit for time spent as a mentor
4006	teacher in the program. The mentor teacher must have a master's
4007	degree or above, a minimum of 3 years of teaching experience,
4008	and clinical education training or certification by the National
4009	Board forofProfessional Teaching Standards. Experiences and
4010	instruction may be delivered by other mentors, assigned
4011	teachers, professors, individualized learning, and
4012	demonstrations. Students in this paid teaching assignment shall
4013	assume full responsibility of all teaching duties.
4014	2. Professional education curriculum requirements that
4015	address the educator-accomplished practices and other
4016	competencies specified in state board rule.
4017	3. A modified instructional delivery system that provides
4018	onsite training during the paid teaching assignment in the
4019	professional education areas and competencies specified in this
4020	subsection. The institutions participating in this pilot program
4021	shall be given a waiver to provide a modified instructional
4022	delivery system meeting criteria that allows earned credit
4023	through nontraditional approaches. The modified system may
4024	provide for an initial evaluation of the candidate's
4025	competencies to determine an appropriate individualized
4026	professional development plan and may provide for earned credit
4027	by:
4028	a. Internet learning and competency acquisition.
4029	b. Learning acquired by observing demonstrations and being
4030	observed in application.
4031	c. Independent study or instruction by mentor teachers or
4032	adjunct teachers.
4033	4. Satisfactory demonstration of the educator-accomplished
4034	practices and content area competencies for program completion.
4035	5. For program completion, required achievement of passing
4036	scores on all tests required for certification by State Board of
4037	Education rules.
4038	(b) Beginning in July 2003, each institution participating
4039	in the pilot program shall submit to the Commissioner of
4040	Education an annual report evaluating the effectiveness of the
4041	program. The report shall include, but shall not be limited to,
4042	the number of students selected for the pilot program, the
4043	number of students successfully completing the pilot program,
4044	the number of program participants who passed all required
4045	examinations, the number of program participants who
4046	successfully demonstrated all required competencies, and a
4047	follow-up study to determine the number of pilot program
4048	completers who were employed in a teaching position and
4049	employers' satisfaction with the performance of pilot program
4050	completers based on student performance.
4051	(c) This subsection shall be implemented to the extent
4052	specifically funded in the General Appropriations Act.
4053	(12)(11)RULES.--The State Board of Education shall adopt
4054	necessary rules pursuant to ss. 120.536(1) and 120.54 to
4055	implement this section.
4056	Section 49. Subsection (1) of section 1006.08, Florida
4057	Statutes, is amended to read:
4058	1006.08 District school superintendent duties relating to
4059	student discipline and school safety.--
4060	(1) The district school superintendent shall recommend
4061	plans to the district school board for the proper accounting for
4062	all students of school age, for the attendance and control of
4063	students at school, andfor the proper attention to health,
4064	safety, and other matters which will best promote the welfare of
4065	students. Each district school superintendent should fully
4066	support the authority of principals, teachers, according to s.
4067	1003.32, and school bus drivers to remove disobedient,
4068	disrespectful, violent, abusive, uncontrollable, or disruptive
4069	students from the classroom and the school bus and, when
4070	appropriate and available, to place such students in an
4071	alternative educational setting.When the district school
4072	superintendent makes a recommendation for expulsion to the
4073	district school board, he or she shall give written notice to
4074	the student and the student's parent of the recommendation,
4075	setting forth the charges against the student and advising the
4076	student and his or her parent of the student's right to due
4077	process as prescribed by ss. 120.569 and 120.57(2). When
4078	district school board action on a recommendation for the
4079	expulsion of a student is pending, the district school
4080	superintendent may extend the suspension assigned by the
4081	principal beyond 10 school days if such suspension period
4082	expires before the next regular or special meeting of the
4083	district school board.
4084	Section 50. Paragraph (a) of subsection (1) of section
4085	1006.09, Florida Statutes, is amended to read:
4086	1006.09 Duties of school principal relating to student
4087	discipline and school safety.--
4088	(1)(a) Subject to law and to the rules of the State Board
4089	of Education and the district school board, the principal in
4090	charge of the school or the principal's designee shall develop
4091	policies for delegating to any teacher or other member of the
4092	instructional staff or to any bus driver transporting students
4093	of the school responsibility for the control and direction of
4094	students. Each school principal should fully support the
4095	authority of teachers, according to s. 1003.32, and school bus
4096	drivers to remove disobedient, disrespectful, violent, abusive,
4097	uncontrollable, or disruptive students from the classroom and
4098	the school bus and, when appropriate and available, place such
4099	students in an alternative educational setting.The principal or
4100	the principal's designee must give full consideration toshall
4101	considerthe recommendation for discipline made by a teacher,
4102	other member of the instructional staff, or a bus driver when
4103	making a decision regarding student referral for discipline.
4104	Section 51. Section 1009.59, Florida Statutes, is amended
4105	to read:
4106	1009.59 Critical Teacher Shortage Student Loan
4107	ReimbursementForgivenessProgram.--
4108	(1) The Critical Teacher Shortage Student Loan
4109	ReimbursementForgivenessProgram is established to encourage
4110	qualified personnel with undergraduate or graduate degrees in
4111	mathematics, science, engineering, reading, or State Board of
4112	Education designated critical teacher shortage areasto seek
4113	employment as teachers in Florida's publicly funded schoolsin
4114	subject areas in which critical teacher shortages exist, as
4115	identified annually by the State Board of Education. The primary
4116	purposefunction of the program is to enhance the quality of
4117	Florida's teacher workforce by makingmakerepayments toward
4118	loans received by the selectedstudents from federal programs or
4119	commercial lending institutions for the support of postsecondary
4120	education study. Repayments are intended to be made to qualified
4121	applicants with undergraduate or graduate degrees in
4122	mathematics, science, engineering, reading, or State Board of
4123	Education designated critical teacher shortage areaswho begin
4124	teaching for the first time in designated subject areas, andwho
4125	apply during their first full year of teaching in a publicly
4126	funded school in Floridaas certified teachers in these subject
4127	areas. Repayment shall be prorated if a teacher teaches at least
4128	90 days during the first year of teaching.
4129	(2) From the funds available, the Department of Education
4130	may make loan principal repayments on behalf of persons with
4131	degrees in mathematics, science, engineering, reading, or state
4132	board designated critical teacher shortage areas who are
4133	certified to teach in Florida public schools. The repayments may
4134	be madeas follows:
4135	(a) Up to $1,500 the first year the person is employed as
4136	a teacher in a publicly funded school in Florida$2,500 a year
4137	for up to 4 years on behalf of selected graduates of state-
4138	approved undergraduate postsecondary teacher preparation
4139	programs, persons certified to teach pursuant to any applicable
4140	teacher certification requirements, or selected teacher
4141	preparation graduates from any state participating in the
4142	Interstate Agreement on the Qualification of Educational
4143	Personnel.
4144	(b) Up to $2,500 for the second year the person is
4145	employed as a teacher in a publicly funded school in Florida
4146	$5,000 a year for up to 2 years on behalf of selected graduates
4147	of state-approved graduate postsecondary teacher preparation
4148	programs, persons with graduate degrees certified to teach
4149	pursuant to any applicable teacher certification requirements,
4150	or selected teacher preparation graduates from any state
4151	participating in the Interstate Agreement on the Qualification
4152	of Educational Personnel.
4153	(c) Up to $3,500 for the third year the person is employed
4154	as a teacher in a publicly funded school in Florida.
4155	(d) Up to $4,500 for the fourth year and each subsequent
4156	year, up to a maximum of 10 years, the person is employed as a
4157	teacher in a publicly funded school in Florida.
4158	(e)(c)All repayments shall be contingent on continued
4159	proof of satisfactory employment in a teacher positionthe
4160	designated subject areas in a publicly funded school inthis
4161	state and shall be made directly to the holder of the loan or
4162	the applicant. The state shall not bear responsibility for the
4163	collection of any interest charges or other remaining balance.
4164	In the event that designated critical teacher shortage subject
4165	areas are changed by the State Board of Education,A teacher
4166	shall continue to be eligible for loan reimbursement in
4167	accordance with paragraphs (a)-(d) for up to the maximum of 10
4168	years ifforgiveness as long as he or she continues to teach in
4169	a subject area or in a critical shortage area pursuant to this
4170	section at a publicly funded school in Floridain the subject
4171	area for which the original loan repayment was madeand
4172	otherwise meets all conditions of eligibility.
4173	(3) Students receiving a statescholarship loan or a
4174	fellowship loan are not eligible to participate in the Critical
4175	Teacher Shortage Student Loan ReimbursementForgivenessProgram.
4176	(4) The Department of Education must advertise the
4177	availability of this program and must advise school districts,
4178	postsecondary educational institutions, and the public of the
4179	criteria and application procedures.
4180	(5)(4)The State Board of Education may adopt rules
4181	pursuant to ss. 120.536(1) and 120.54 necessary for the
4182	administration of this program.
4183	(6)(5)This section shall be implemented only to the
4184	extent as specifically funded and authorized by law.
4185	Section 52. Section 1009.591, Florida Statutes, is created
4186	to read:
4187	1009.591 Teaching Fellows Program.--There is created the
4188	Teaching Fellows Program to encourage graduate students in
4189	mathematics, science, or engineering disciplines or state board
4190	designated critical teacher shortage areas to enter the teaching
4191	profession in public schools in Florida. The program shall be
4192	administered by the Department of Education.
4193	(1) The Teaching Fellows Program shall provide an annual
4194	stipend of $5,000 for each approved teaching fellow who is
4195	enrolled full-time in one of Florida's public or private
4196	universities in a graduate program in a mathematics, science, or
4197	engineering discipline or a state board designated critical
4198	teacher shortage area and commits to teach in a publicly funded
4199	school in Florida for 5 consecutive years immediately following
4200	completion of the graduate program.
4201	(2) It is the intent of the Legislature that the total
4202	amount appropriated annually for the program be sufficient to
4203	provide 200 teaching fellows with stipends of $5,000 per year
4204	and to provide a $5,000 signing bonus to each fellow upon
4205	initial employment as a teacher in a Florida public school
4206	graded "A," "B," or "C," or a $10,000 signing bonus upon
4207	employment in a Florida public school graded "D" or "F" with
4208	$5,000 at initial employment and $5,000 upon completion of the
4209	first year of teaching.
4210	(3) A teaching fellow may receive a stipend from the
4211	program for up to 4 consecutive years if the teaching fellow
4212	remains enrolled full-time in an eligible program and makes
4213	satisfactory progress toward a graduate degree in a program in a
4214	mathematics, science, or engineering discipline or a state board
4215	designated critical teacher shortage area.
4216	(4) A teaching fellow who receives a stipend pursuant to
4217	this section and attends a state university shall also receive a
4218	waiver of tuition and out-of-state fees, if applicable, at that
4219	university.
4220	(5) If a teaching fellow graduates and is employed
4221	following graduation as a teacher in a publicly funded school in
4222	Florida for 5 consecutive years, the teaching fellow is not
4223	required to repay the amount received as stipends, bonus, or
4224	tuition and fee waivers pursuant to this program.
4225	(6) If a teaching fellow does not obtain a graduate degree
4226	within 4 years, or if the teaching fellow graduates but does not
4227	teach in a publicly funded school in Florida for 5 consecutive
4228	years following graduation, the teaching fellow must repay the
4229	Department of Education, on a schedule to be determined by the
4230	department, the total amount awarded for stipends, bonus, and
4231	tuition and fee waivers received pursuant to this program plus
4232	annual interest of 8 percent accruing from the date of the
4233	scholarship payment. Moneys repaid shall be deposited into the
4234	State Student Financial Assistance Trust Fund established in s.
4235	1010.73. However, the department may provide additional time for
4236	repayment if the department finds that circumstances beyond the
4237	control of the recipient caused or contributed to default on the
4238	repayment.
4239	(7) Recipients under this program are not eligible to
4240	participate in the Teacher Student Loan Reimbursement Program.
4241	(8) The department must advertise the availability of this
4242	program and advise school districts, postsecondary educational
4243	institutions, and the public of the criteria and application
4244	procedures.
4245	(9) The State Board of Education may adopt rules pursuant
4246	to ss. 120.536(1) and 120.54 necessary for the administration of
4247	this program.
4248	(10) This section shall be implemented only to the extent
4249	as specifically funded and authorized by law.
4250	Section 53. Section 1011.63, Florida Statutes, is created
4251	to read:
4252	1011.63 Better educated students and teachers (BEST)
4253	Florida teaching categorical fund for salary career ladder;
4254	performance pay reserve fund bonuses.--
4255	(1) There is created a categorical fund to fund a salary
4256	career ladder for teacher salary levels pursuant to s.
4257	1012.231(2). To access this fund, school districts must first
4258	comply with the requirements of s. 1003.03(2) and (3) and also
4259	comply with the requirements of s. 1012.22(1)(c)4. by rewarding
4260	each of their classroom teachers in the "career teacher"
4261	category, pursuant to s. 1012.231(2)(b), whose students
4262	demonstrate more than a year’s worth of learning in 1 year as
4263	measured by the FCAT or local assessment in accordance with s.
4264	1008.22(3) or (7) with an annual performance bonus pursuant to
4265	paragraph (2)(b).
4266	(2)(a) Beginning with the 2003-2004 academic year,
4267	categorical funds for BEST Florida teaching shall be allocated
4268	annually to each school district based on each school district's
4269	proportionate share of full-time K-12 classroom teachers. These
4270	funds shall be in addition to the funds appropriated on the
4271	basis of full-time equivalent student membership in the Florida
4272	Education Finance Program and shall be included in the total
4273	potential funds of each school district. These funds shall be
4274	used only to fund a salary career ladder for teacher salary
4275	levels pursuant to s. 1012.231(2).
4276	(b) Each district school board shall also use a portion of
4277	its performance pay reserve funds required pursuant to s.
4278	1012.22(1)(c)4. to provide BEST Florida teaching bonuses of up
4279	to $3,000 to each full-time K-12 classroom teacher in the
4280	"career teacher" category, pursuant to s. 1012.231(2)(b), whose
4281	students demonstrate more than a year’s worth of learning in 1
4282	year as measured by the FCAT or local assessment in accordance
4283	with s. 1008.22(3) or (7).
4284	(3) A school district that has satisfied the requirements
4285	of subsections (1) and (2) and the requirements of s. 1003.03(2)
4286	and (3) may use the funds for any lawful operating expenditure;
4287	however, priority should be given to increasing the salary of
4288	career teachers as defined in s. 1012.231(2)(b).
4289	(4) To be eligible for categorical funds, each district
4290	school superintendent shall submit to the Commissioner of
4291	Education, and receive the commissioner's approval of:
4292	(a) A plan detailing the school district's salary career
4293	ladder for teacher salary levels.
4294	(b) A plan detailing the school district's methodology for
4295	selecting the teachers in the "career teacher" category,
4296	pursuant to s. 1012.231(2)(b), who will receive the performance
4297	bonuses and how it will use a portion of its performance pay
4298	reserve funds required by s. 1012.22(1)(c)4. to fund the
4299	bonuses.
4300	(5) Any teacher in the "career teacher" category, pursuant
4301	to s. 1012.231(2)(b), who receives a performance bonus 2 years
4302	in a 4-year period shall be considered for promotion to “lead
4303	teacher” pursuant to s. 1012.231(2)(c).
4304	Section 54. Section 1012.05, Florida Statutes, is amended
4305	to read:
4306	1012.05 Teacher recruitment and retention.--
4307	(1) The Department of Education, in cooperation with
4308	teacher organizations, district personnel offices, and schools,
4309	colleges, and departments of alleducation inpublic and
4310	nonpublic postsecondary educational institutions, shall
4311	concentrate on the recruitment of qualified teachers.
4312	(2) The Department of Education shall:
4313	(a) Develop and implement a system for posting teaching
4314	vacancies and establish a database of teacher applicants that is
4315	accessible within and outside the state.
4316	(b) Advertise in major newspapers, national professional
4317	publications, and other professional publications and in public
4318	and nonpublic postsecondary educational institutionsschools of
4319	education.
4320	(c) Utilize state and nationwide toll-free numbers.
4321	(d) Conduct periodic communications with district
4322	personnel directors regarding applicants.
4323	(e) Provide district access to the applicant database by
4324	computer or telephone.
4325	(f) Develop and distribute promotional materials related
4326	to teaching as a career.
4327	(g) Publish and distribute information pertaining to
4328	employment opportunities, application procedures, and all routes
4329	toward teacher certification in Florida, and teacher salaries.
4330	(h) Provide information related to certification
4331	procedures.
4332	(i) Develop and sponsor the Florida Future Educator of
4333	America Program throughout the state.
4334	(j) Develop, in consultation with school district staff
4335	including, but not limited to, district school superintendents,
4336	district school board members, and district human resources
4337	personnel, a long-range plan for educator recruitment and
4338	retention.
4339	(k) Identify best practices for retaining high-quality
4340	teachers.
4341	(l) Develop, in consultation with Workforce Florida, Inc.,
4342	and the Agency for Workforce Innovation, created pursuant to ss.
4343	445.004 and 20.50, respectively, a plan for accessing and
4344	identifying available resources in the state's workforce system
4345	for the purpose of enhancing teacher recruitment and retention.
4346	(m) Develop and implement a First Response Center to
4347	provide educator candidates one-stop shopping for information on
4348	teaching careers in Florida and establish the Teacher Lifeline
4349	Network to provide on-line support to beginning teachers and
4350	those needing assistance.
4351	(3) The Department of Education, in cooperation with
4352	district personnel offices, shall sponsor a job fair in a
4353	central part of the state to match in-state educators and
4354	potential educators and out-of-state educators and potential
4355	educatorswith teaching opportunities in this state.
4356	(4) Subject to proviso in the General Appropriations Act,
4357	the Commissioner of Education may use funds appropriated by the
4358	Legislature and funds from federal grants and other sources to
4359	provide incentives for teacher recruitment and preparation
4360	programs. The purpose of the use of such funds is to recruit and
4361	prepare individuals who do not graduate from state-approved
4362	teacher preparation programs to teach in a Florida public
4363	school. The commissioner may contract with entities other than,
4364	and including, approved teacher preparation programs to provide
4365	intensive teacher training leading to passage of the required
4366	certification exams for the desired subject area or coverage.
4367	The commissioner shall survey school districts to evaluate the
4368	effectiveness of such programs.
4369	Section 55. Section 1012.231, Florida Statutes, is created
4370	to read:
4371	1012.231 Teacher compensation; assignment of teachers.--
4372	(1) STARTING SALARY.--Beginning with the 2003-2004
4373	academic year, each district school board shall develop, and
4374	shall present to the State Board of Education by June 30, 2004,
4375	a plan, to be implemented beginning with the 2004-2005 academic
4376	year, for minimum compensation of full-time classroom teachers
4377	at no less than the amount of $31,000, in 2003 dollars, indexed
4378	to the Consumer Price Index thereafter, pursuant to legislative
4379	appropriations. The plan shall provide for phased-in incremental
4380	implementation that maintains separation between years of
4381	service for each differentiated classroom teacher category as
4382	required pursuant to subsection (2). Beginning with the 2004-
4383	2005 academic year, this minimum beginning salary shall be
4384	considered a statewide minimum standard similar to minimum
4385	number of school days, designation of duties of instructional
4386	personnel, and minimum certification standards and, as such,
4387	shall not be subject to collective bargaining under chapter 447.
4388	(2) SALARY CAREER LADDER FOR CLASSROOM
4389	TEACHERS.--Beginning with the 2003-2004 academic year, each
4390	district school board shall use its share of the BEST Florida
4391	teaching categorical to fund a salary career ladder for
4392	classroom teachers, with the highest salary level based on
4393	outstanding performance and assignment of additional duties.
4394	Performance shall be defined as designated in s.
4395	1012.34(3)(a)1.-7. and shall also include local assessments as
4396	required by s. 1008.22(7) to determine student learning gains in
4397	grades and classes not measured by the FCAT. District school
4398	boards shall designate categories of classroom teachers
4399	reflecting these salary career levels as follows:
4400	(a) Associate Teacher.--Classroom teachers who have not
4401	yet fully validated all essential teaching competencies,
4402	including the educator-accomplished practices as established in
4403	State Board of Education rule, who have not qualified through
4404	reciprocal certification options identified in s. 1012.56, or
4405	who are low-performing teachers. The district school board is
4406	authorized to demote any chronically low-performing teacher to
4407	associate teacher.
4408	(b) Career Teacher.--Classroom teachers who have fully
4409	validated all essential teaching competencies, including the
4410	educator-accomplished practices as established in State Board of
4411	Education rule, or who have qualified through reciprocal
4412	certification options identified in s. 1012.56.
4413	(c) Lead Teacher.--The highest performing 5 percent of
4414	classroom teachers in the school district, after mentor
4415	teachers, who have demonstrated outstanding performance as
4416	evidenced by improved student achievement and who are
4417	responsible for leading others in the school as department
4418	chair, lead teacher, grade-level leader, intern coordinator, or
4419	professional development coordinator. Lead teachers must
4420	participate on a regular basis in the direct instruction of
4421	students and serve as faculty for professional development
4422	activities as determined by the State Board of Education. Lead
4423	teachers shall be paid an additional annual salary of $5,000.
4424	(d) Mentor Teacher.--The highest performing 3 percent of
4425	classroom teachers in the school district who have demonstrated
4426	sustained outstanding performance as evidenced by improved
4427	student achievement and other factors as defined by the State
4428	Board of Education and who serve as regular mentors to other
4429	teachers who are either not performing satisfactorily or who
4430	strive to become more proficient. Mentor teachers must serve as
4431	faculty-based professional development coordinators and
4432	regularly demonstrate and share their expertise with other
4433	teachers in order to remain mentor teachers. Mentor teachers
4434	must also participate on a regular basis in the direct
4435	instruction of low-performing students. Mentor teachers shall be
4436	paid an additional annual salary of $10,000.
4437	(3) TEACHER ASSIGNMENT.--School districts may not assign a
4438	higher percentage than the school district average of first-time
4439	teachers, temporarily certified teachers, teachers in need of
4440	improvement, or out-of-field teachers to schools with above the
4441	school district average of minority and economically
4442	disadvantaged students or schools that are graded "D" or "F."
4443	District school boards are authorized to provide salary
4444	incentives to meet this requirement. No district school board
4445	shall sign a collective bargaining agreement that fails to
4446	provide sufficient incentives to meet this requirement.
4447	Section 56. Section 1012.27, Florida Statutes, is amended
4448	to read:
4449	1012.27 Public school personnel; powers and duties of
4450	district school superintendent.--The district school
4451	superintendent isshall be responsible, as required herein,for
4452	directing the work of the personnel, subject to the requirements
4453	of this chapter, and in addition the district school
4454	superintendent shall performhave the following duties:
4455	(1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.--
4456	(a) Recommend to the district school board duties and
4457	responsibilities which need to be performed and positions which
4458	need to be filled to make possible the development of an
4459	adequate school program in the district. Beginning with the
4460	2003-2004 academic year, this recommendation shall provide for
4461	clerical personnel or volunteers who are not classroom teachers
4462	to assist teachers in noninstructional activities, including
4463	performing paperwork and recordkeeping duties. However, a
4464	teacher shall remain responsible for all instructional
4465	activities and for classroom management and grading student
4466	performance.
4467	(b) Recommend minimum qualifications of personnel for
4468	these various positions, and nominate in writing persons to fill
4469	such positions.
4470
4471	The district school superintendent's recommendations for filling
4472	instructional positions at the school level must consider
4473	nominations received from school principals of the respective
4474	schools. Before transferring a teacher who holds a professional
4475	teaching certificate from one school to another, the district
4476	school superintendent shall consult with the principal of the
4477	receiving school and allow the principal to review the teacher's
4478	records and interview the teacher. If, in the judgment of the
4479	principal, students would not benefit from the placement, an
4480	alternative placement may be sought.
4481	(2) COMPENSATION AND SALARY SCHEDULES.--Prepare and
4482	recommend to the district school board for adoption a salary
4483	schedule or salary schedules. The district school superintendent
4484	must recommend a salary schedule for instructional personnel
4485	which bases a portion of each employee's compensation on
4486	performance demonstrated under s. 1012.34. In developing the
4487	recommended salary schedule, the district school superintendent
4488	shall include input from parents, teachers, and representatives
4489	of the business community. Beginning with the 2003-2004 academic
4490	year, the recommended salary schedule for classroom teachers
4491	shall be consistent with the requirements of s. 1012.231.
4492	(3) CONTRACTS AND TERMS OF SERVICE.--Recommend to the
4493	district school board terms for contracting with employees and
4494	prepare such contracts as are approved.
4495	(4) TRANSFER.--Recommend employees for transfer and
4496	transfer any employee during any emergency and report the
4497	transfer to the district school board at its next regular
4498	meeting.
4499	(5) SUSPENSION AND DISMISSAL.--Suspend members of the
4500	instructional staff and other school employees during
4501	emergencies for a period extending to and including the day of
4502	the next regular or special meeting of the district school board
4503	and notify the district school board immediately of such
4504	suspension. When authorized to do so, serve notice on the
4505	suspended member of the instructional staff of charges made
4506	against him or her and of the date of hearing. Recommend
4507	employees for dismissal under the terms prescribed herein.
4508	(6) DIRECT WORK OF EMPLOYEES AND SUPERVISE
4509	INSTRUCTION.--Direct or arrange for the proper direction and
4510	improvement, under rules of the district school board, of the
4511	work of all members of the instructional staff and other
4512	employees of the district school system, supervise or arrange
4513	under rules of the district school board for the supervision of
4514	instruction in the district, and take such steps as are
4515	necessary to bring about continuous improvement.
4516	Section 57. Subsections (3) and (4) of section 1012.28,
4517	Florida Statutes, are amended to read:
4518	1012.28 Public school personnel; duties of school
4519	principals.--
4520	(3) Each school principal is responsible for the
4521	performance of all personnel employed by the district school
4522	board and assigned to the school to which the principal is
4523	assigned. The school principal shall faithfully and effectively
4524	apply the personnel assessment system approved by the district
4525	school board pursuant to s. 1012.34 and, beginning with the
4526	2003-2004 academic year, s. 1012.231.
4527	(4) Each school principal shall assist the teachers within
4528	the school to use student assessment data, as measured by
4529	student learning gains pursuant to s. 1008.22, for self-
4530	evaluation. Each school principal shall also ensure that
4531	clerical personnel or volunteers who are not classroom teachers
4532	assist teachers in noninstructional activities, including
4533	performing paperwork and recordkeeping duties.
4534	Section 58. Paragraph (a) of subsection (1), subsection
4535	(2), and paragraph (a) of subsection (3) of section 1012.585,
4536	Florida Statutes, are amended to read:
4537	1012.585 Process for renewal of professional
4538	certificates.--
4539	(1)(a) District school boards in this stateshall renew
4540	state-issued professional certificates as follows:
4541	1. Each district school board shall renew state-issued
4542	professional certificates for individuals who hold a state-
4543	issued professional certificate by this stateand are employed
4544	by that district pursuant to criteria established in subsections
4545	(2), (3), and (4) and rules of the State Board of Education.
4546	2. The employing school district may charge the individual
4547	an application fee not to exceed the amount charged by the
4548	Department of Education for such services, including associated
4549	late renewal fees. Each district school board shall transmit
4550	monthly to the department a fee in an amount established by the
4551	State Board of Education for each renewed certificate. The fee
4552	shall not exceed the actual cost for maintenance and operation
4553	of the statewide certification database and for the actual costs
4554	incurred in printing and mailing such renewed certificates. As
4555	defined in current rules of the state board, the department
4556	shall contribute a portion of such fee for purposes of funding
4557	the Educator Recovery Network established in s. 1012.798. The
4558	department shall deposit all funds into the Educational
4559	Certification Trust Fund for use as specified in s. 1012.59.
4560	(2)(a) All professional certificates, except a
4561	nonrenewable professional certificate, shall be renewable for
4562	successive periods not to exceed 5 years after the date of
4563	submission of documentation of completion of the requirements
4564	for renewal provided in subsection (3). Only one renewal may be
4565	granted during each 5-year validity period of a professional
4566	certificate.
4567	(b) A teacher with national certification from the
4568	National Board for Professional Teaching Standards is deemed to
4569	meet state renewal requirements for the life of the teacher's
4570	national certificate in the subject shown on the national
4571	certificate. A complete renewal application and fee shall be
4572	submitted. The Commissioner of Education shall notify teachers
4573	of the renewal application and fee requirements.
4574	(c) As authorized by State Board of Education rule, a
4575	teacher with a valid certificate issued by the American Board
4576	for Certification of Teacher Excellence is deemed to meet state
4577	renewal requirements for the life of the teacher's American
4578	Board certificate in the subject shown on the American Board
4579	certificate. A complete renewal application and fee shall be
4580	submitted.
4581	(d)(c)If the renewal application form is not received by
4582	the department or by the employing school district before the
4583	expiration of the professional certificate, the application
4584	form, application fee, and a late fee must be submitted before
4585	July 1 of the year following expiration of the certificate in
4586	order to renew the professional certificate.
4587	(e)(d)The State Board of Education shall adopt rules to
4588	allow a 1-year extension of the validity period of a
4589	professional certificate in the event of serious illness,
4590	injury, or other extraordinary extenuating circumstances of the
4591	applicant. The department shall grant such 1-year extension upon
4592	written request by the applicant or by the district school
4593	superintendent or the governing authority of a university lab
4594	school, state-supported school, or private school that employs
4595	the applicant.
4596	(3) For the renewal of a professional certificate, the
4597	following requirements must be met:
4598	(a) The applicant must earn a minimum of 6 college credits
4599	or 120 inservice points or a combination thereof. For each area
4600	of specialization to be retained on a certificate, the applicant
4601	must earn at least 3 of the required credit hours or equivalent
4602	inservice points in the specialization area. Education in
4603	"clinical educator" training pursuant to s. 1004.04(6)(b)
4604	1004.04(5)(b)and credits or points that provide training in the
4605	area of scientifically researched, knowledge-based reading
4606	literacy and computational skills acquisition,exceptional
4607	student education, normal child development, and the disorders
4608	of development may be applied toward any specialization area.
4609	Credits or points that provide training in the areas of drug
4610	abuse, child abuse and neglect, strategies in teaching students
4611	having limited proficiency in English, or dropout prevention, or
4612	training in areas identified in the educational goals and
4613	performance standards adopted pursuant to ss. 1000.03(5) and
4614	1001.23 may be applied toward any specialization area. Credits
4615	or points earned through approved summer institutes may be
4616	applied toward the fulfillment of these requirements. Inservice
4617	points may also be earned by participation in professional
4618	growth components approved by the State Board of Education and
4619	specified pursuant to s. 1012.98 in the district's approved
4620	master plan for inservice educational training, including, but
4621	not limited to, serving as a trainer in an approved teacher
4622	training activity, serving on an instructional materials
4623	committee or a state board or commission that deals with
4624	educational issues, or serving on an advisory council created
4625	pursuant to s. 1001.452.
4626	Section 59. Section 1012.586, Florida Statutes, is created
4627	to read:
4628	1012.586 Additions or changes to certificates; duplicate
4629	certificates.--A school district may process via a Department of
4630	Education website certificates for the following applications of
4631	public school employees:
4632	(1) Addition of a subject coverage or endorsement to a
4633	valid Florida certificate on the basis of the completion of the
4634	appropriate subject area testing requirements of s.
4635	1012.56(4)(a) or the completion of the requirements of an
4636	approved school district program or the inservice components for
4637	an endorsement.
4638	(2) A reissued certificate to reflect a name change.
4639	(3) A duplicate certificate to replace a lost or damaged
4640	certificate.
4641
4642	The employing school district shall charge the employee a fee
4643	not to exceed the amount charged by the Department of Education
4644	for such services. Each district school board shall retain a
4645	portion of the fee as defined in the rules of the State Board of
4646	Education. The portion sent to the department shall be used for
4647	maintenance of the technology system, the web application, and
4648	posting and mailing of the certificate.
4649	Section 60. Subsections (1) and (2) and paragraph (a) of
4650	subsection (3) of section 1012.72, Florida Statutes, are amended
4651	to read:
4652	1012.72 Dale Hickam Excellent Teaching Program.--
4653	(1) The Legislature recognizes that teachers play a
4654	critical role in preparing students to achieve the high levels
4655	of academic performance expected by the Sunshine State Standards
4656	and. The Legislature further recognizesthe importance of
4657	identifying and rewarding teaching excellence and of encouraging
4658	good teachers to become excellent teachers. The Legislature
4659	finds that the National Board of Professional Teaching Standards
4660	(NBPTS) has established high and rigorous standards for
4661	accomplished teaching and has developed a national voluntary
4662	system for assessing and certifying teachers who demonstrate
4663	teaching excellence by meeting those standards. It is therefore
4664	the Legislature's intent to provide incentives for teachers to
4665	seek nationalNBPTScertification and to reward teachers who
4666	demonstrate teaching excellence by attaining nationalNBPTS
4667	certification and sharing their expertise with students and
4668	other teachers. Contingent upon approval by the State Board of
4669	Education, the incentives and privileges extended to the
4670	National Board for Professional Teaching Standards (NBPTS) and
4671	to a teacher who holds a valid certificate issued by the NBPTS
4672	shall be extended to the American Board for Certification of
4673	Teacher Excellence (ABCTE) and to a teacher who holds a valid
4674	Master Teacher Certificate issued by the ABCTE.
4675	(2) The Dale Hickam Excellent Teaching Program is created
4676	to provide categorical funding for monetary incentives and
4677	bonuses for teaching excellence. The Department of Education
4678	shall distribute to each school district or to the NBPTS, or to
4679	the ABCTE if approved by the State Board of Education,an amount
4680	as prescribed annually by the Legislature for the Dale Hickam
4681	Excellent Teaching Program. For purposes of this section, the
4682	Florida School for the Deaf and the Blind shall be considered a
4683	school district. Unless otherwise provided in the General
4684	Appropriations Act, each distribution shall be the sum of the
4685	amounts earned for the following incentives and bonuses:
4686	(a) A fee subsidy to be paid by the Department of
4687	Education to the NBPTS, or to the ABCTE if approved by the State
4688	Board of Education,on behalf of each individual who is an
4689	employee of a district school board or a public school within
4690	the school district, who is certified by the district to have
4691	demonstrated satisfactory teaching performance pursuant to s.
4692	1012.34 and who satisfies the prerequisites for participating in
4693	the NBPTS certification program, or the ABCTE master teacher
4694	certification program if approved by the State Board of
4695	Education, and who agrees, in writing, to pay 10 percent of the
4696	NBPTS or ABCTEparticipation fee and to participate in the NBPTS
4697	certification program, or the ABCTE master teacher certification
4698	program if approved by the State Board of Education,during the
4699	school year for which the fee subsidy is provided. The fee
4700	subsidy for each eligible participant shall be an amount equal
4701	to 90 percent of the fee charged for participating in the NBPTS
4702	certification program. The fee subsidy is a one-time award and
4703	may not be duplicated for any individual.
4704	(b) A portfolio-preparation incentive of $150 paid by the
4705	Department of Education to each teacher employed by a district
4706	school board or a public school within a school district who is
4707	participating in the NBPTS certification program, or the ABCTE
4708	master teacher certification program if approved by the State
4709	Board of Education. The portfolio-preparation incentive is a
4710	one-time award paid during the school year for which the NBPTS
4711	fee subsidy is provided.
4712	(c) An annual bonus equal to 10 percent of the prior
4713	fiscal year's statewide average salary for classroom teachers to
4714	be distributed to the school district to be paid to each
4715	individual who holds NBPTS certification, or ABCTE master
4716	teacher certification if approved by the State Board of
4717	Education,and is employed by the district school board or by a
4718	public school within the school district. The district school
4719	board shall distribute the annual bonus to each individual who
4720	meets the requirements of this paragraph and who is certified
4721	annually by the district to have demonstrated satisfactory
4722	teaching performance pursuant to s. 1012.34. The annual bonus
4723	may be paid as a single payment or divided into not more than
4724	three payments.
4725	(d) An annual bonus equal to 10 percent of the prior
4726	fiscal year's statewide average salary for classroom teachers to
4727	be distributed to the school district to be paid to each
4728	individual who meets the requirements of paragraph (c) and
4729	agrees, in writing, to provide the equivalent of 12 workdays of
4730	mentoring and related services to beginningpublic school
4731	teachers or teachers in low-performing schoolswithin the state
4732	who do not hold NBPTS certification or ABCTE certification if
4733	approved by the State Board of Education. The district school
4734	board shall distribute the annual bonus in a single payment
4735	following the completion of all required mentoring and related
4736	services for the year. It is not the intent of the Legislature
4737	to remove excellent teachers from their assigned classrooms;
4738	therefore, credit may not be granted by a school district or
4739	public school for mentoring or related services provided during
4740	student contact time during the 196 days of required service for
4741	the school year.
4742
4743	Beginning with the 2003-2004 academic year, annual bonuses
4744	pursuant to this section shall be limited to teachers who
4745	demonstrate outstanding student performance in accordance with
4746	s. 1012.34(3)(a)1.-7. and who also demonstrate significant
4747	successful efforts in mentoring other teachers, including
4748	beginning teachers or those in need of assistance.A teacher for
4749	whom the state pays the certification fee and who does not
4750	complete the certification program or does not teach in a public
4751	school of this state for at least 1 year after completing the
4752	certification program must repay the amount of the certification
4753	fee to the state. However, a teacher who completes the
4754	certification program but fails to be awarded NBPTS
4755	certification, or ABCTE master teacher certification if approved
4756	by the State Board of Education,is not required to repay the
4757	amount of the certification fee if the teacher meets the 1-year
4758	teaching requirement. Repayment is not required of a teacher who
4759	does not complete the certification program or fails to fulfill
4760	the teaching requirement because of the teacher's death or
4761	disability or because of other extenuating circumstances as
4762	determined by the State Board of Education.
4763	(3)(a) In addition to any other remedy available under the
4764	law, any person who is a recipient of a certification fee
4765	subsidy paid to the NBPTS, or the ABCTE if approved by the State
4766	Board of Education,and who is an employee of the state or any
4767	of its political subdivisions is considered to have consented,
4768	as a condition of employment, to the voluntary or involuntary
4769	withholding of wages to repay to the state the amount of such a
4770	certification fee subsidy awarded under this section. Any such
4771	employee who defaults on the repayment of such a certification
4772	fee subsidy must, within 60 days after service of a notice of
4773	default by the Department of Education to the employee,
4774	establish a repayment schedule which must be agreed to by the
4775	department and the employee, for repaying the defaulted sum
4776	through payroll deductions. The department may not require the
4777	employee to pay more than 10 percent of the employee's pay per
4778	pay period under such a repayment schedule or plan. If the
4779	employee fails to establish a repayment schedule within the
4780	specified period of time or fails to meet the terms and
4781	conditions of the agreed upon or approved repayment schedule as
4782	authorized by this subsection, the employee has breached an
4783	essential condition of employment and is considered to have
4784	consented to the involuntary withholding of wages or salary for
4785	the repayment of the certification fee subsidy.
4786	Section 61. Section 1012.73, Florida Statutes, is
4787	repealed.
4788	Section 62. Subsection (2), paragraph (b) of subsection
4789	(3), and subsections (5) through (11) of section 1012.98,
4790	Florida Statutes, are amended to read:
4791	1012.98 School Community Professional Development Act.--
4792	(2) The school community includes students and parents,
4793	administrative personnel, managers, instructional personnel,
4794	support personnel, members of district school boards, members of
4795	school advisory councils, parents,business partners, and
4796	personnel that provide health and social services to students
4797	school children. School districts may identify and include
4798	additional members of the school community in the professional
4799	development activities required by this section.
4800	(3) The activities designed to implement this section
4801	must:
4802	(b) Assist the school community in providing stimulating,
4803	scientifically research-basededucational activities that
4804	encourage and motivate students to achieve at the highest levels
4805	and to become active learners.
4806	(5)(a) The Department of Education shall provide a system
4807	for the recruitment, preparation, and professional development
4808	of school administrative personnel. This system shall:
4809	1. Identify the knowledge, competencies, and skills
4810	necessary for effective school management and instructional
4811	leadership that align with student performance standards and
4812	accountability measures.
4813	2. Include performance evaluation methods.
4814	3. Provide for alternate means for preparation of school
4815	administrative personnel which may include programs designed by
4816	school districts and postsecondary educational institutions
4817	pursuant to guidelines developed by the commissioner. Such
4818	preparation programs shall be approved by the Department of
4819	Education.
4820	4. Provide for the hiring of qualified out-of-state school
4821	administrative personnel.
4822	5. Provide advanced educational opportunities for school-
4823	based instructional leaders.
4824	(b) The Commissioner of Education shall appoint a task
4825	force that includes a district school superintendent, a district
4826	school board member, a principal, an assistant principal, a
4827	teacher, a dean of a college of education, and parents. The task
4828	force shall convene periodically to provide recommendations to
4829	the department in the areas of recruitment, certification,
4830	preparation, professional development, and evaluation of school
4831	administrators.
4832	(5)(6)Each district school board shall provide funding
4833	for the professional development system as required by s.
4834	1011.62 and the General Appropriations Act, and shall direct
4835	expenditures from other funding sources to strengthen the system
4836	and make it uniform and coherent. A school district may
4837	coordinate its professional development program with that of
4838	another district, with an educational consortium, or with a
4839	community college or university, especially in preparing and
4840	educating personnel. Each district school board shall make
4841	available inservice activities to instructional personnel of
4842	nonpublic schools in the district and the state certified
4843	teachers who are not employed by the district school board on a
4844	fee basis not to exceed the cost of the activity per all
4845	participants.
4846	(6)(7)An organization of private schools which has no
4847	fewer than 10 member schools in this state, which publishes and
4848	files with the Department of Education copies of its standards,
4849	and the member schools of which comply with the provisions of
4850	part II of chapter 1003, relating to compulsory school
4851	attendance, may also develop a professional development system
4852	that includes a master plan for inservice activities. The system
4853	and inservice plan must be submitted to the commissioner for
4854	approval pursuant to rules of the State Board of Education.
4855	(7)(8)The Department of Education shall design methods by
4856	which the state and district school boards may evaluate and
4857	improve the professional development system. The evaluation must
4858	include an annual assessment of data that indicate progress or
4859	lack of progress of all students. If the review of the data
4860	indicates progress, the department shall identify the best
4861	practices that contributed to the progress. If the review of the
4862	data indicates a lack of progress, the department shall
4863	investigate the causes of the lack of progress, provide
4864	technical assistance, and require the school district to employ
4865	a different approach to professional development. The department
4866	shall report annually to the State Board of Education and the
4867	Legislature any school district that, in the determination of
4868	the department, has failed to provide an adequate professional
4869	development system. This report must include the results of the
4870	department's investigation and of any intervention provided.
4871	(8)(9)The State Board of Education may adopt rules
4872	pursuant to ss. 120.536(1) and 120.54 to administer this
4873	section.
4874	(9)(10)This section does not limit or discourage a
4875	district school board from contracting with independent entities
4876	for professional development services and inservice education if
4877	the district school board can demonstrate to the Commissioner of
4878	Educationbelievesthat, through such a contract, a better
4879	product can be acquired or its goals for education improvement
4880	can be better met.
4881	(10)(11)For teachers, managers, and administrative
4882	personnel who have been evaluated as less than satisfactory, a
4883	district school board shall require participation in specific
4884	professional development programs as part of the improvement
4885	prescription.
4886	Section 63. Section 1012.987, Florida Statutes, is created
4887	to read:
4888	1012.987 Education leadership development.--
4889	(1) The State Board of Education shall adopt rules through
4890	which school principals may earn a principal leadership
4891	designation based on teacher retention, overall student
4892	performance, and school grade. The State Board of Education must
4893	designate incentives available to personnel who earn a principal
4894	leadership designation, including, but not limited to, merit
4895	pay, expanded discretionary spending flexibility, relaxed
4896	regulation or reporting requirements, additional professional
4897	development resources, and public recognition.
4898	(2)(a) The Department of Education shall provide a system
4899	for the recruitment, preparation, and education leadership
4900	development of school administrative personnel. This system
4901	shall be based on standards adopted by the State Board of
4902	Education that include, but are not limited to:
4903	1. Improved student achievement.
4904	2. Increased emphasis on reading using the latest
4905	scientific knowledge-based research in reading and the
4906	administrator's role as a successful school leader in reading
4907	reform efforts.
4908	3. Instructional leadership.
4909	4. Data analysis.
4910	5. School safety.
4911	6. Community and family involvement.
4912	7. Operational management.
4913	8. School finance.
4914	(b) Each education leadership development program must
4915	provide all program participants full information on not less
4916	than an annual basis to update the participants on the status
4917	of, and rationale for changes to, state and federal law and
4918	funding policies.
4919	(c) Education leadership development programs must be
4920	consistent with standards adopted by the State Board of
4921	Education and must be approved by the department.
4922	(d) Alternative education leadership development programs
4923	that meet the standards of, and are approved by, the Department
4924	of Education may be offered by a school district or
4925	postsecondary educational institution.
4926	(e) The Commissioner of Education may conduct K-20
4927	education leadership institutes for the purpose of communicating
4928	the state's education priorities, best practices, and other
4929	related research and facilitating the formation of a K-20
4930	partnership.
4931	Section 64. Notwithstanding any provision of law to the
4932	contrary, when a school is graded "F" or receives a second
4933	consecutive grade of "D," the elected district school
4934	superintendent, or if the district school superintendent is
4935	appointed, the district school board, may request the
4936	resignation of the school principal and teachers.
4937	Section 65. Each district school board shall review and
4938	consider amending any collective bargaining contract that may
4939	hinder the implementation of any provision of this act.
4940	Section 66. The Commissioner of Education shall conduct en
4941	electronic mail or other survey of the classroom teachers in
4942	each school district at the end of the 2003-2004 academic year
4943	to determine whether the teachers received improved support from
4944	their district school board, superintendent, and principal for
4945	paperwork reduction and classroom discipline and shall use the
4946	enforcement authority of s. 1008.32, Florida Statutes, as
4947	appropriate, to ensure compliance with better educated students
4948	and teachers (BEST) Florida teaching.
4949	Section 67. Paragraph (a) of subsection (22) of section
4950	121.021, Florida Statutes, is amended to read:
4951	121.021 Definitions.--The following words and phrases as
4952	used in this chapter have the respective meanings set forth
4953	unless a different meaning is plainly required by the context:
4954	(22) "Compensation" means the monthly salary paid a
4955	member by his or her employer for work performed arising from
4956	that employment.
4957	(a) Compensation shall include:
4958	1. Overtime payments paid from a salary fund.
4959	2. Accumulated annual leave payments.
4960	3. Payments in addition to the employee's base rate of
4961	pay if all the following apply:
4962	a. The payments are paid according to a formal written
4963	policy that applies to all eligible employees equally;
4964	b. The policy provides that payments shall commence no
4965	later than the 11th year of employment;
4966	c. The payments are paid for as long as the employee
4967	continues his or her employment; and
4968	d. The payments are paid at least annually.
4969	4. Amounts withheld for tax sheltered annuities or
4970	deferred compensation programs, or any other type of salary
4971	reduction plan authorized under the Internal Revenue Code.
4972	5. Payments made in lieu of a permanent increase in the
4973	base rate of pay, whether made annually or in 12 or 26 equal
4974	payments within a 12-month period, when the member's base pay
4975	is at the maximum of his or her pay range. When a portion of a
4976	member's annual increase raises his or her pay range and the
4977	excess is paid as a lump sum payment, such lump sum payment
4978	shall be compensation for retirement purposes.
4979	6. Effective July 1, 2002, salary supplements made
4980	pursuant to s.ss. 1012.73 and 1012.72 requiring a valid
4981	National Board for Professional Standards certificateor
4982	equivalent status as provided in s. 1012.73(3)(e)5.,
4983	notwithstanding the provisions of subparagraph 3.
4984	Section 68. Paragraph (b) of subsection (1) of section
4985	1013.35, Florida Statutes, is amended to read:
4986	1013.35 School district educational facilities plan;
4987	definitions; preparation, adoption, and amendment; long-term
4988	work programs.--
4989	(1) DEFINITIONS.--As used in this section, the term:
4990	(b) "District facilities work program" means the 5-year
4991	listing of capital outlay projects adopted by the district
4992	school board as provided in subparagraph (2)(a)2. and paragraph
4993	(2)(b) as part of the district educational facilities plan,
4994	which is required in order to:
4995	1. Properly maintain the educational plant and ancillary
4996	facilities of the district.
4997	2. Provide an adequate number of satisfactory student
4998	stations for the projected student enrollment of the district in
4999	K-12 programs in accordance with the goal in s. 1013.21.
5000	Section 69. Subsection (5) is added to section 1013.45,
5001	Florida Statutes, to read:
5002	1013.45 Educational facilities contracting and
5003	construction techniques.—
5004	(5) In order to ensure that the construction of new and
5005	expanded educational facilities provides public school students
5006	with the best long-term value for classrooms, a district school
5007	board must consider, as part of the selection criteria for
5008	awarding facility contracts, a life cycle cost analysis of
5009	building materials when constructing or expanding school
5010	capacity. The analysis shall include the annualized anticipated
5011	energy consumption, the relative resistance of structural
5012	components to damage by wind loads and associated debris, the
5013	resistance of the structural components to wood-destroying
5014	organisms, a comparison of the perpetual maintenance costs, the
5015	resistance of the structural components to fire, and a
5016	comparison of the annual costs of providing insurance. District
5017	school boards may rely on the information provided by the
5018	contractor if the contractor's analysis is based upon the best
5019	currently available methods, including those of the National
5020	Institute of Standards and Technology, the United States
5021	Department of Housing and Urban Development, other federal or
5022	state agencies, or technical or professional societies.
5023	Section 70. From the funds appropriated in Specific
5024	Appropriation 58D for BEST Florida teaching, $1,076,500 is
5025	hereby authorized for fiscal year 2003-2004 for the Teaching
5026	Fellows Program established in s. 1009.591, Florida Statutes.
5027	Section 71. If any provision of this act or its
5028	application to any person or circumstance is held invalid, the
5029	invalidity does not affect other provisions or applications of
5030	the act which can be given effect without the invalid provision
5031	or application, and to this end the provisions of this act are
5032	severable.
5033	Section 72. Except as otherwise provided herein, this act
5034	shall take effect July 1, 2003.