HB 1867

1
A bill to be entitled
2An act relating to education funding; amending s. 24.121,
3F.S.; requiring school districts to establish certain
4policies and procedures relating to lottery fund
5enhancements; providing a tax credit cap with respect to
6contributions to nonprofit scholarship-funding
7organizations; amending s. 1000.21, F.S.; redesignating
8specified community colleges as colleges; amending s.
91002.32, F.S.; exempting lab schools from the payment of
10overhead or indirect costs; amending s. 1008.22, F.S.;
11authorizing outsourcing of statewide assessment program
12activities; allowing for contracts extending into two
13fiscal years; amending s. 1009.23, F.S.; requiring
14identical fees for certain community college students
15taking a specific course; amending s. 1011.57, F.S.;
16prohibiting out-of-state fee waivers by the Florida School
17for the Deaf and the Blind; amending s. 1011.62, F.S.;
18revising eligibility requirement for use of the small,
19isolated high school multiplier; revising provisions
20relating to adjustments of allocations; creating s.
211011.63, F.S.; prohibiting reporting for state funding for
22purposes of the Florida Education Finance Program of
23courses or programs fully funded externally; amending s.
241011.66, F.S.; setting forth the method and timing of
25distributing Florida Education Finance Program funds;
26amending s. 1011.67, F.S.; setting forth the method and
27timing of distributing funds for instructional materials;
28amending s. 1011.80, F.S.; prohibiting reporting for state
29funding of courses or programs fully funded externally;
30amending s. 1011.84, F.S.; providing reporting
31requirements with respect to inmate education provided by
32community colleges; directing that inmates not be included
33in FTE student enrollment for funding through the
34Community College Program Fund; prohibiting reporting for
35state funding of courses or programs fully funded
36externally; amending s. 1012.05, F.S.; authorizing the
37Department of Education to collect registration and booth
38fees for a job fair; authorizing certain uses for such
39funds; amending s. 1012.72, F.S.; authorizing the use of
40Dale Hickam Excellent Teaching Program funds for certain
41purposes; authorizing Florida State University to
42construct a classroom building; providing an effective
43date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Paragraphs (a) and (c) of subsection (5) of
48section 24.121, Florida Statutes, are amended to read:
49     24.121  Allocation of revenues and expenditure of funds for
50public education.--
51     (5)(a)  Public educational programs and purposes funded by
52the Educational Enhancement Trust Fund may include, but are not
53limited to, endowment, scholarship, matching funds, direct
54grants, research and economic development related to education,
55salary enhancement, contracts with independent institutions to
56conduct programs consistent with the state master plan for
57postsecondary education, or any other educational program or
58purpose deemed desirable by the Legislature. Prior to the
59expenditure of these funds, each school district shall establish
60policies and procedures that define enhancement and the types of
61expenditures consistent with that definition.
62     (c)  A portion of such net revenues, as determined annually
63by the Legislature, shall be distributed to each school district
64and shall be made available to each public school in the
65district for enhancing school performance through development
66and implementation of a school improvement plan pursuant to s.
671001.42(16). A portion of these moneys, as determined annually
68in the General Appropriations Act, must be allocated to each
69school in an equal amount for each student enrolled. These
70moneys may be expended only on programs or projects selected by
71the school advisory council or by a parent advisory committee
72created pursuant to this paragraph. If a school does not have a
73school advisory council, the district advisory council must
74appoint a parent advisory committee composed of parents of
75students enrolled in that school, which committee is
76representative of the ethnic, racial, and economic community
77served by the school, to advise the school's principal on the
78programs or projects to be funded. Neither school district staff
79nor principals A principal may not override the recommendations
80of the school advisory council or the parent advisory committee.
81These moneys may not be used for capital improvements, nor may
82they be used for any project or program that has a duration of
83more than 1 year; however, a school advisory council or parent
84advisory committee may independently determine that a program or
85project formerly funded under this paragraph should receive
86funds in a subsequent year.
87     Section 2.  Notwithstanding the provisions of s. 220.187,
88Florida Statutes, the total amount of tax credits and
89carryforward tax credits that may be granted for the 2004-2005
90fiscal year under that section for contributions to nonprofit
91scholarship-funding organizations is $50 million.
92     Section 3.  Paragraphs (d), (f), (o), and (q) of subsection
93(3) of section 1000.21, Florida Statutes, are amended to read:
94     1000.21  Systemwide definitions.--As used in the Florida K-
9520 Education Code:
96     (3)  "Community college," except as otherwise specifically
97provided, includes the following institutions and any branch
98campuses, centers, or other affiliates of the institution:
99     (d)  Chipola Junior College.
100     (f)  Edison Community College.
101     (o)  Miami Dade Miami-Dade Community College.
102     (q)  Okaloosa-Walton Community College.
103     Section 4.  Paragraph (c) of subsection (9) of section
1041002.32, Florida Statutes, is amended to read:
105     1002.32  Developmental research (laboratory) schools.--
106     (9)  FUNDING.--Funding for a lab school, including a
107charter lab school, shall be provided as follows:
108     (c)  All operating funds provided under this section shall
109be deposited in a Lab School Trust Fund and shall be expended
110for the purposes of this section. The university assigned a lab
111school shall be the fiscal agent for these funds, and all rules
112of the university governing the budgeting and expenditure of
113state funds shall apply to these funds unless otherwise provided
114by law or rule of the State Board of Education. The university
115board of trustees shall be the public employer of lab school
116personnel for collective bargaining purposes for lab schools in
117operation prior to the 2002-2003 fiscal year. Employees of
118charter lab schools authorized prior to June 1, 2003, but not in
119operation prior to the 2002-2003 fiscal year shall be employees
120of the entity holding the charter and must comply with the
121provisions of s. 1002.33(12). Lab schools are not subject to the
122payment of overhead or indirect costs as described in s.
123216.346.
124     Section 5.  Subsection (3) of section 1008.22, Florida
125Statutes, is amended to read:
126     1008.22  Student assessment program for public schools.--
127     (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
128design and implement a statewide program of educational
129assessment that provides information for the improvement of the
130operation and management of the public schools, including
131schools operating for the purpose of providing educational
132services to youth in Department of Juvenile Justice programs.
133The commissioner may enter into contracts for the continued
134administration of the assessment, testing, and evaluation
135programs authorized and funded by the Legislature. Contracts may
136be initiated in one fiscal year and continue into the next and
137may be paid from the appropriations of either or both fiscal
138years. The commissioner is authorized to negotiate for the sale
139or lease of tests, scoring protocols, test scoring services, and
140related materials developed pursuant to law. Pursuant to the
141statewide assessment program, the commissioner shall:
142     (a)  Submit to the State Board of Education a list that
143specifies student skills and competencies to which the goals for
144education specified in the state plan apply, including, but not
145limited to, reading, writing, science, and mathematics. The
146skills and competencies must include problem-solving and higher-
147order skills as appropriate and shall be known as the Sunshine
148State Standards as defined in s. 1000.21. The commissioner shall
149select such skills and competencies after receiving
150recommendations from educators, citizens, and members of the
151business community. The commissioner shall submit to the State
152Board of Education revisions to the list of student skills and
153competencies in order to maintain continuous progress toward
154improvements in student proficiency.
155     (b)  Develop and implement a uniform system of indicators
156to describe the performance of public school students and the
157characteristics of the public school districts and the public
158schools. These indicators must include, without limitation,
159information gathered by the comprehensive management information
160system created pursuant to s. 1008.385 and student achievement
161information obtained pursuant to this section.
162     (c)  Develop and implement a student achievement testing
163program known as the Florida Comprehensive Assessment Test
164(FCAT) as part of the statewide assessment program, to be
165administered annually in grades 3 through 10 to measure reading,
166writing, science, and mathematics. Other content areas may be
167included as directed by the commissioner. The testing program
168must be designed so that:
169     1.  The tests measure student skills and competencies
170adopted by the State Board of Education as specified in
171paragraph (a). The tests must measure and report student
172proficiency levels in reading, writing, mathematics, and
173science. The commissioner shall provide for the tests to be
174developed or obtained, as appropriate, through contracts and
175project agreements with private vendors, public vendors, public
176agencies, postsecondary educational institutions, or school
177districts. The commissioner shall obtain input with respect to
178the design and implementation of the testing program from state
179educators and the public.
180     2.  The testing program will include a combination of norm-
181referenced and criterion-referenced tests and include, to the
182extent determined by the commissioner, questions that require
183the student to produce information or perform tasks in such a
184way that the skills and competencies he or she uses can be
185measured.
186     3.  Each testing program, whether at the elementary,
187middle, or high school level, includes a test of writing in
188which students are required to produce writings that are then
189scored by appropriate methods.
190     4.  A score is designated for each subject area tested,
191below which score a student's performance is deemed inadequate.
192The school districts shall provide appropriate remedial
193instruction to students who score below these levels.
194     5.  Except as provided in s. 1003.43(11)(b), students must
195earn a passing score on the grade 10 assessment test described
196in this paragraph or on an alternate assessment as described in
197subsection (9) in reading, writing, and mathematics to qualify
198for a regular high school diploma. The State Board of Education
199shall designate a passing score for each part of the grade 10
200assessment test. In establishing passing scores, the state board
201shall consider any possible negative impact of the test on
202minority students. All students who took the grade 10 FCAT
203during the 2000-2001 school year shall be required to earn the
204passing scores in reading and mathematics established by the
205State Board of Education for the March 2001 test administration.
206Such students who did not earn the established passing scores
207and must repeat the grade 10 FCAT are required to earn the
208passing scores established for the March 2001 test
209administration. All students who take the grade 10 FCAT for the
210first time in March 2002 and thereafter shall be required to
211earn the passing scores in reading and mathematics established
212by the State Board of Education for the March 2002 test
213administration. The State Board of Education shall adopt rules
214which specify the passing scores for the grade 10 FCAT. Any such
215rules, which have the effect of raising the required passing
216scores, shall only apply to students taking the grade 10 FCAT
217after such rules are adopted by the State Board of Education.
218     6.  Participation in the testing program is mandatory for
219all students attending public school, including students served
220in Department of Juvenile Justice programs, except as otherwise
221prescribed by the commissioner. If a student does not
222participate in the statewide assessment, the district must
223notify the student's parent and provide the parent with
224information regarding the implications of such nonparticipation.
225If modifications are made in the student's instruction to
226provide accommodations that would not be permitted on the
227statewide assessment tests, the district must notify the
228student's parent of the implications of such instructional
229modifications. A parent must provide signed consent for a
230student to receive instructional modifications that would not be
231permitted on the statewide assessments and must acknowledge in
232writing that he or she understands the implications of such
233accommodations. The State Board of Education shall adopt rules,
234based upon recommendations of the commissioner, for the
235provision of test accommodations and modifications of procedures
236as necessary for students in exceptional education programs and
237for students who have limited English proficiency.
238Accommodations that negate the validity of a statewide
239assessment are not allowable.
240     7.  A student seeking an adult high school diploma must
241meet the same testing requirements that a regular high school
242student must meet.
243     8.  District school boards must provide instruction to
244prepare students to demonstrate proficiency in the skills and
245competencies necessary for successful grade-to-grade progression
246and high school graduation. If a student is provided with
247accommodations or modifications that are not allowable in the
248statewide assessment program, as described in the test manuals,
249the district must inform the parent in writing and must provide
250the parent with information regarding the impact on the
251student's ability to meet expected proficiency levels in
252reading, writing, and math. The commissioner shall conduct
253studies as necessary to verify that the required skills and
254competencies are part of the district instructional programs.
255     9.  The Department of Education must develop, or select,
256and implement a common battery of assessment tools that will be
257used in all juvenile justice programs in the state. These tools
258must accurately measure the skills and competencies established
259in the Florida Sunshine State Standards.
260
261The commissioner may design and implement student testing
262programs, for any grade level and subject area, necessary to
263effectively monitor educational achievement in the state.
264     (d)  Conduct ongoing research to develop improved methods
265of assessing student performance, including, without limitation,
266the use of technology to administer tests, score, or report the
267results of, the use of electronic transfer of data, the
268development of work-product assessments, and the development of
269process assessments.
270     (e)  Conduct ongoing research and analysis of student
271achievement data, including, without limitation, monitoring
272trends in student achievement, identifying school programs that
273are successful, and analyzing correlates of school achievement.
274     (f)  Provide technical assistance to school districts in
275the implementation of state and district testing programs and
276the use of the data produced pursuant to such programs.
277     Section 6.  Subsection (2) of section 1009.23, Florida
278Statutes, is amended to read:
279     1009.23  Community college student fees.--
280     (2)  All students shall be charged fees except students who
281are exempt from fees or students whose fees are waived.
282Identical fees shall be required for all community college
283resident students within a college who take a specific course,
284regardless of the program in which they are enrolled.
285     Section 7.  Subsection (5) is added to section 1011.57,
286Florida Statutes, to read:
287     1011.57  Florida School for the Deaf and the Blind; board
288of trustees; management flexibility.--
289     (5)  The board of trustees and administration of the
290Florida School for the Deaf and the Blind shall not authorize
291fee waivers for out-of-state students.
292     Section 8.  Paragraph (h) of subsection (1) and paragraph
293(b) of subsection (9) of section 1011.62, Florida Statutes, are
294amended to read:
295     1011.62  Funds for operation of schools.--If the annual
296allocation from the Florida Education Finance Program to each
297district for operation of schools is not determined in the
298annual appropriations act or the substantive bill implementing
299the annual appropriations act, it shall be determined as
300follows:
301     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
302OPERATION.--The following procedure shall be followed in
303determining the annual allocation to each district for
304operation:
305     (h)  Small, isolated high schools.--Districts which levy
306the maximum nonvoted discretionary millage, exclusive of millage
307for capital outlay purposes levied pursuant to s. 1011.71(2),
308may calculate full-time equivalent students for small, isolated
309high schools by multiplying the number of unweighted full-time
310equivalent students times 2.75; provided the school attained a
311state accountability performance grade of "C" or better for the
312previous school year percentage of students at such school
313passing both parts of the high school competency test, as
314defined by law and rule, has been equal to or higher than such
315percentage for the state or district, whichever is greater. For
316the purpose of this section, the term "small, isolated high
317school" means any high school which is located no less than 28
318miles by the shortest route from another high school; which has
319been serving students primarily in basic studies provided by
320sub-subparagraphs (c)1.b. and c. and may include subparagraph
321(c)4.; and which has a membership of no more than 100 students,
322but no fewer than 28 students, in grades 9 through 12.
323     (9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
324CURRENT OPERATION.--The total annual state allocation to each
325district for current operation for the FEFP shall be distributed
326periodically in the manner prescribed in the General
327Appropriations Act.
328     (b)  The amount thus obtained shall be the net annual
329allocation to each school district. However, if it is determined
330that any school district received an underallocation or
331overallocation for any prior year because of an arithmetical
332error, assessment roll change, full-time equivalent student
333membership error, or any allocation error revealed in an audit
334report, the allocation to that district shall be appropriately
335adjusted. Beginning with audits for the 2001-2002 fiscal year,
336if the adjustment is the result of an audit finding in which
337group 2 FTE are reclassified to the basic program and the
338district weighted FTE are over the weighted enrollment ceiling
339for group 2 programs, the adjustment shall not result in a gain
340of state funds to the district. If the Department of Education
341audit adjustment recommendation is based upon controverted
342findings of fact, the Commissioner of Education is authorized to
343establish the amount of the adjustment based on the best
344interests of the state.
345     Section 9.  Section 1011.63, Florida Statutes, is created
346to read:
347     1011.63  Reporting for state funding; prohibition.--When a
348public educational institution has been fully funded by an
349external agency for direct instructional costs of any course or
350program, the FTE generated shall not be reported for state
351funding for purposes of the Florida Education Finance Program.
352     Section 10.  Section 1011.66, Florida Statutes, is amended
353to read:
354     1011.66  Distribution of FEFP funds in first quarter.--The
355distribution of FEFP funds shall be made in payments on or about
356the 10th and 26th of each month. Upon the request of any school
357district whose net state FEFP funding is less than 60 percent of
358its gross state and local FEFP funding, the Department of
359Education shall distribute to that school district in the first
360quarter of the fiscal year an amount from the funds appropriated
361for the FEFP in the General Appropriations Act up to a maximum
362of 15 percent of that school district's gross state and local
363FEFP funding or that school district's net state FEFP funding,
364whichever is less.
365     Section 11.  Section 1011.67, Florida Statutes, is amended
366to read:
367     1011.67  Funds for instructional materials.--The department
368is authorized to allocate and distribute to each district an
369amount as prescribed annually by the Legislature for
370instructional materials for student membership in basic and
371special programs in grades K-12, which will provide for growth
372and maintenance needs. For purposes of this section, unweighted
373full-time equivalent students enrolled in the lab schools in
374state universities are to be included as school district
375students and reported as such to the department. These funds
376shall be distributed to school districts as follows: 50 percent
377on or about July 10; 35 percent on or about October 10; 10
378percent on or about January 10; and 5 percent on or about June
37910. The annual allocation shall be determined as follows:
380     (1)  The growth allocation for each school district shall
381be calculated as follows:
382     (a)  Subtract from that district's projected full-time
383equivalent membership of students in basic and special programs
384in grades K-12 used in determining the initial allocation of the
385Florida Education Finance Program, the prior year's full-time
386equivalent membership of students in basic and special programs
387in grades K-12 for that district.
388     (b)  Multiply any such increase in full-time equivalent
389student membership by the allocation for a set of instructional
390materials, as determined by the department, or as provided for
391in the General Appropriations Act.
392     (c)  The amount thus determined shall be that district's
393initial allocation for growth for the school year. However, the
394department shall recompute and adjust the initial allocation
395based on actual full-time equivalent student membership data for
396that year.
397     (2)  The maintenance of the instructional materials
398allocation for each school district shall be calculated by
399multiplying each district's prior year full-time equivalent
400membership of students in basic and special programs in grades
401K-12 by the allocation for maintenance of a set of instructional
402materials as provided for in the General Appropriations Act. The
403amount thus determined shall be that district's initial
404allocation for maintenance for the school year; however, the
405department shall recompute and adjust the initial allocation
406based on such actual full-time equivalent student membership
407data for that year.
408     (3)  In the event the funds appropriated are not sufficient
409for the purpose of implementing this section in full, the
410department shall prorate the funds available for instructional
411materials after first funding in full each district's growth
412allocation.
413     Section 12.  Subsection (5) of section 1011.80, Florida
414Statutes, is amended to read:
415     1011.80  Funds for operation of adult technical education
416programs.--
417     (5)  State funding and student fees for workforce
418development instruction funded through the Workforce Development
419Education Fund shall be established as follows:
420     (a)  For a continuing workforce education course, state
421funding shall equal 50 percent of the cost of instruction, with
422student fees, business support, quick-response training funds,
423or other means making up the remaining 50 percent.
424     (b)  For all other workforce development education funded
425through the Workforce Development Education Fund, state funding
426shall equal 75 percent of the average cost of instruction with
427the remaining 25 percent made up from student fees. Fees for
428courses within a program shall not vary according to the cost of
429the individual program, but instead shall be based on a uniform
430fee calculated and set at the state level, as adopted by the
431State Board of Education, unless otherwise specified in the
432General Appropriations Act.
433     (c)  For fee-exempt students pursuant to s. 1009.25, unless
434otherwise provided for in law, state funding shall equal 100
435percent of the average cost of instruction.
436     (d)  For a public educational institution that has been
437fully funded by an external agency for direct instructional
438costs of any course or program, the FTE generated shall not be
439reported for state funding.
440     Section 13.  Paragraph (e) of subsection (1) of section
4411011.84, Florida Statutes, is redesignated as paragraph (g) and
442new paragraphs (e) and (f) are added to said subsection to read:
443     1011.84  Procedure for determining state financial support
444and annual apportionment of state funds to each community
445college district.--The procedure for determining state financial
446support and the annual apportionment to each community college
447district authorized to operate a community college under the
448provisions of s. 1001.61 shall be as follows:
449     (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE COMMUNITY
450COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.--
451     (e)  All state inmate education provided by community
452colleges shall be reported by program, FTE expenditure, and
453revenue source. These enrollments, expenditures, and revenues
454shall be reported and projected separately. Instruction of state
455inmates shall not be included in the full-time equivalent
456student enrollment for funding through the Community College
457Program Fund.
458     (f)  When a public educational institution has been fully
459funded by an external agency for direct instructional costs of
460any course or program, the FTE generated shall not be reported
461for state funding.
462     Section 14.  Subsection (3) of section 1012.05, Florida
463Statutes, is amended to read:
464     1012.05  Teacher recruitment and retention.--
465     (3)  The Department of Education, in cooperation with
466district personnel offices, shall sponsor a job fair in a
467central part of the state to match in-state educators and
468potential educators and out-of-state educators and potential
469educators with teaching opportunities in this state. The
470Department of Education is authorized to collect a job fair
471registration fee not to exceed $20 per person and a booth fee
472not to exceed $250 per school district or other interested
473participating organization. The revenue from the fees shall be
474used to promote and operate the job fair. Funds may be used to
475purchase promotional items such as mementos, awards, and
476plaques.
477     Section 15.  Paragraph (e) is added to subsection (2) of
478section 1012.72, Florida Statutes, to read:
479     1012.72  Dale Hickam Excellent Teaching Program.--
480     (2)  The Dale Hickam Excellent Teaching Program is created
481to provide categorical funding for monetary incentives and
482bonuses for teaching excellence. The Department of Education
483shall distribute to each school district or to the NBPTS an
484amount as prescribed annually by the Legislature for the Dale
485Hickam Excellent Teaching Program. For purposes of this section,
486the Florida School for the Deaf and the Blind shall be
487considered a school district. Unless otherwise provided in the
488General Appropriations Act, each distribution shall be the sum
489of the amounts earned for the following incentives and bonuses:
490     (e)  The employer's share of social security and Medicare
491taxes and Florida Retirement System contributions for those
492teachers who qualify for NBPTS certification and receive bonus
493amounts.
494
495A teacher for whom the state pays the certification fee and who
496does not complete the certification program or does not teach in
497a public school of this state for at least 1 year after
498completing the certification program must repay the amount of
499the certification fee to the state. However, a teacher who
500completes the certification program but fails to be awarded
501NBPTS certification is not required to repay the amount of the
502certification fee if the teacher meets the 1-year teaching
503requirement. Repayment is not required of a teacher who does not
504complete the certification program or fails to fulfill the
505teaching requirement because of the teacher's death or
506disability or because of other extenuating circumstances as
507determined by the State Board of Education.
508     Section 16.  Notwithstanding the provisions of s.
509216.292(5)(d), Florida Statutes, and in order to implement
510Specific Appropriation 156 and section 9 of the 2004-2005
511General Appropriations Act, Florida State University is
512authorized to construct a classroom building from the funding
513received pursuant to the 2004-2005 General Appropriations Act.
514     Section 17.  This act shall take effect July 1, 2004.


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