| 1 | Representative Pickens offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Paragraph (h) of subsection (10) and paragraph |
| 6 | (e) of subsection (18) of section 1002.33, Florida Statutes, are |
| 7 | amended to read: |
| 8 | 1002.33 Charter schools.-- |
| 9 | (10) ELIGIBLE STUDENTS.-- |
| 10 | (h) The capacity of a nonconversion the charter school |
| 11 | shall be determined annually by the governing board, in |
| 12 | conjunction with the sponsor, of the charter school in |
| 13 | consideration of the factors identified in this subsection. |
| 14 | Capacity of a conversion charter school shall be no more than 5 |
| 15 | percent below the district average for like schools. The |
| 16 | district average shall be calculated based on FISH capacity as |
| 17 | determined by Department of Education rule. |
| 18 | (18) FACILITIES.-- |
| 19 | (e) If a district school board facility or property is |
| 20 | available because it is surplus, marked for disposal, or |
| 21 | otherwise unused, it shall be provided for a charter school's |
| 22 | use on the same basis as it is made available to other public |
| 23 | schools in the district. A district school board facility or |
| 24 | property shall not be considered unused if the facility or |
| 25 | property is within the school district's 5-year plan. A charter |
| 26 | school receiving property from the school district may not sell |
| 27 | or dispose of such property without written permission of the |
| 28 | school district. Similarly, for an existing public school |
| 29 | converting to charter status, no rental or leasing fee for the |
| 30 | existing facility or for the property normally inventoried to |
| 31 | the conversion school may be charged by the district school |
| 32 | board to the parents and teachers organizing the charter school. |
| 33 | The charter organizers shall agree to reasonable maintenance |
| 34 | provisions in order to maintain the facility in a manner similar |
| 35 | to district school board standards. The Public Education Capital |
| 36 | Outlay maintenance funds or any other maintenance funds |
| 37 | generated by the facility operated as a conversion school shall |
| 38 | remain with the conversion school. |
| 39 | Section 2. Paragraph (c) of subsection (2) and paragraph |
| 40 | (a) of subsection (4) of section 1003.03, Florida Statutes, are |
| 41 | amended to read: |
| 42 | 1003.03 Maximum class size.-- |
| 43 | (2) IMPLEMENTATION.-- |
| 44 | (c) The Department of Education shall annually calculate |
| 45 | each of the three average class size measures defined in |
| 46 | paragraphs (a) and (b) based upon the October student membership |
| 47 | survey. For purposes of determining the baseline from which each |
| 48 | district's average class size must be reduced for the 2003-2004 |
| 49 | school year, the department shall use data from the February |
| 50 | 2003 student membership survey updated to include classroom |
| 51 | identification numbers as required by the department. Beginning |
| 52 | in the 2004-2005 school year, if the actual student membership |
| 53 | in the October survey exceeds the student membership estimate |
| 54 | included in the Florida Education Finance Program first |
| 55 | calculation, the maximum student membership enrollment used in |
| 56 | determining the October class size averages shall be the student |
| 57 | membership estimate included in the Florida Education Finance |
| 58 | Program first calculation. |
| 59 | (4) ACCOUNTABILITY.-- |
| 60 | (a) Beginning in the 2003-2004 fiscal year, if the |
| 61 | department determines for any year that a school district has |
| 62 | not reduced average class size as required in subsection (2) at |
| 63 | the time of the third FEFP calculation, the department shall |
| 64 | calculate an amount from the class size reduction operating |
| 65 | categorical which is proportionate to the amount of class size |
| 66 | reduction not accomplished. Upon verification of the |
| 67 | department's calculation by the Florida Education Finance |
| 68 | Program Appropriation Allocation Conference, the Executive |
| 69 | Office of the Governor shall transfer undistributed funds |
| 70 | equivalent to the calculated amount from the district's class |
| 71 | size reduction operating categorical to an approved fixed |
| 72 | capital outlay appropriation for class size reduction in the |
| 73 | affected district pursuant to s. 216.292(13). The amount of |
| 74 | funds transferred shall be the lesser of the amount verified by |
| 75 | the Florida Education Finance Program Appropriation Allocation |
| 76 | Conference or the undistributed balance of the district's class |
| 77 | size reduction operating categorical. However, based upon a |
| 78 | recommendation by the Commissioner of Education that the State |
| 79 | Board of Education has reviewed evidence indicating that a |
| 80 | district has been unable to meet class size reduction |
| 81 | requirements despite appropriate effort to do so, the |
| 82 | Legislative Budget Commission may approve an alternative amount |
| 83 | of funds to be transferred from the district's class size |
| 84 | reduction operating categorical to its approved fixed capital |
| 85 | outlay account for class size reduction. Beginning in the 2004- |
| 86 | 2005 school year, a district that fully achieves the required |
| 87 | class size averages when compared to the February 2003 baseline |
| 88 | student membership survey shall be eligible for a reversal of |
| 89 | the prior year class size reduction operating categorical |
| 90 | transfer that resulted from its inability to achieve the |
| 91 | required class size averages as required in subsection (2). |
| 92 | Section 3. Section 1003.429, Florida Statutes, is amended |
| 93 | to read: |
| 94 | 1003.429 Accelerated high school graduation options.-- |
| 95 | (1) Students who enter grade 9 in the 2004-2005 school |
| 96 | year Beginning with the 2003-2004 school year, all students |
| 97 | scheduled to graduate in 2004 and thereafter may select one of |
| 98 | the following three high school graduation options: |
| 99 | (a) Completion of the general requirements for high school |
| 100 | graduation pursuant to s. 1003.43; |
| 101 | (b) Completion of a 3-year standard college preparatory |
| 102 | program requiring successful completion of a minimum of 18 |
| 103 | academic credits in grades 9 through 12. At least 6 of the 18 |
| 104 | credits required for completion of this program must be received |
| 105 | in classes that are honors, dual enrollment, advanced placement, |
| 106 | International Baccalaureate, Advanced International Certificate |
| 107 | of Education, specifically listed or identified by the |
| 108 | Department of Education as rigorous pursuant to s. 1009.531(3), |
| 109 | or weighted by the district school board for class ranking |
| 110 | purposes. The 18 credits required for completion of this program |
| 111 | shall be primary requirements and shall be distributed as |
| 112 | follows: |
| 113 | 1. Four credits in English, with major concentration in |
| 114 | composition and literature; |
| 115 | 2. Three credits in mathematics at the Algebra I level or |
| 116 | higher from the list of courses that qualify for state |
| 117 | university admission; |
| 118 | 3. Three credits in natural science, two of which must |
| 119 | have a laboratory component; |
| 120 | 4. Three credits in social sciences, which must include |
| 121 | one credit in American history, one credit in world history, |
| 122 | one-half credit in American government, and one-half credit in |
| 123 | economics; |
| 124 | 5. Two credits in the same second language unless the |
| 125 | student is a native speaker of or can otherwise demonstrate |
| 126 | competency in a language other than English. If the student |
| 127 | demonstrates competency in another language, the student may |
| 128 | replace the language requirement with two credits in other |
| 129 | academic courses; and |
| 130 | 6. Three credits in electives; or |
| 131 | (c) Completion of a 3-year career preparatory program |
| 132 | requiring successful completion of a minimum of 18 academic |
| 133 | credits in grades 9 through 12. The 18 credits shall be primary |
| 134 | requirements and shall be distributed as follows: |
| 135 | 1. Four credits in English, with major concentration in |
| 136 | composition and literature; |
| 137 | 2. Three credits in mathematics, one of which must be |
| 138 | Algebra I; |
| 139 | 3. Three credits in natural science, two of which must |
| 140 | have a laboratory component; |
| 141 | 4. Three credits in social sciences, which must include |
| 142 | one credit in American history, one credit in world history, |
| 143 | one-half credit in American government, and one-half credit in |
| 144 | economics; |
| 145 | 5. Three Two credits in a single vocational or career |
| 146 | education program, three credits in career and technical |
| 147 | certificate dual enrollment courses, or five credits in |
| 148 | vocational or career education courses the same second language |
| 149 | unless the student is a native speaker of or can otherwise |
| 150 | demonstrate competency in a language other than English. If the |
| 151 | student demonstrates competency in another language, the student |
| 152 | may replace the language requirement with two credits in other |
| 153 | academic courses; and |
| 154 | 6. Two Three credits in electives unless five credits are |
| 155 | earned pursuant to subparagraph 5. |
| 156 |
|
| 157 | Any student who selected an accelerated graduation program |
| 158 | before July 1, 2004, may continue that program, and all |
| 159 | statutory program requirements that were applicable when the |
| 160 | student made the program choice shall remain applicable to the |
| 161 | student as long as the student continues that program. |
| 162 | (2) Prior to selecting a program described in paragraph |
| 163 | (1)(b) or paragraph (1)(c), the following requirements must be |
| 164 | met: |
| 165 | (a) Designated school personnel shall meet with the |
| 166 | student and student's parent to give an explanation of the |
| 167 | relative requirements, advantages, and disadvantages of each |
| 168 | graduation option. |
| 169 | (b) The student shall submit to the high school principal |
| 170 | and guidance counselor a signed parental consent to enter the 3- |
| 171 | year accelerated graduation program. |
| 172 | (c) The student shall have achieved at least an FCAT |
| 173 | reading achievement level of 3, an FCAT mathematics achievement |
| 174 | level of 3, and an FCAT Writing score of 3 on the most recent |
| 175 | assessments taken by the student. |
| 176 | (3)(2) Beginning with the 2004-2005 2003-2004 school year, |
| 177 | each district school board shall provide each student in grades |
| 178 | 6 through 9 12 and their parents with information concerning the |
| 179 | 3-year and 4-year high school graduation options listed in |
| 180 | subsection (1), including the respective curriculum requirements |
| 181 | for those options, so that with curriculum for the students and |
| 182 | their parents may to select the postsecondary education or |
| 183 | career plan that best fits their needs. The information options |
| 184 | shall include a timeframe for achieving each graduation option. |
| 185 | (4)(3) Selection of one of the graduation options listed |
| 186 | in subsection (1) must be completed by the student prior to the |
| 187 | end of grade 9 and is exclusively up to the student and parent, |
| 188 | subject to the requirements in subsection (2). Each district |
| 189 | school board shall establish policies for extending this |
| 190 | deadline to the end of a student's first semester of grade 10 |
| 191 | for a student who entered a Florida public school after grade 9 |
| 192 | upon transfer from a private school or another state or who was |
| 193 | prevented from choosing a graduation option due to illness |
| 194 | during grade 9. If the student and parent fail to select a |
| 195 | graduation option, the student shall be considered to have |
| 196 | selected the general requirements for high school graduation |
| 197 | pursuant to paragraph (1)(a). |
| 198 | (5)(4) District school boards shall not establish |
| 199 | requirements for accelerated 3-year high school graduation |
| 200 | options in excess of the requirements in paragraphs (1)(b) and |
| 201 | (c). |
| 202 | (6)(5) Students pursuing accelerated 3-year high school |
| 203 | graduation options pursuant to paragraph (1)(b) or paragraph |
| 204 | (1)(c) are required to: |
| 205 | (a) Earn passing scores on the FCAT as defined in s. |
| 206 | 1008.22(3)(c) or scores on a standardized test that are |
| 207 | concordant with passing scores on the FCAT as defined in s. |
| 208 | 1008.22(9). |
| 209 | (b)1. Achieve a cumulative weighted grade point average of |
| 210 | 3.0 2.0 on a 4.0 scale, or its equivalent, in the courses |
| 211 | required for the college preparatory by the chosen accelerated |
| 212 | 3-year high school graduation option pursuant to paragraph |
| 213 | (1)(b); or |
| 214 | 2. Achieve a cumulative weighted grade point average of |
| 215 | 2.5 on a 4.0 scale, or its equivalent, in the courses required |
| 216 | for the career preparatory accelerated 3-year high school |
| 217 | graduation option pursuant to paragraph (1)(c). |
| 218 | (c) Receive a weighted or unweighted grade that earns at |
| 219 | least 3.0 points, or its equivalent, to earn course credit |
| 220 | toward the 18 credits required for the college preparatory |
| 221 | accelerated 3-year high school graduation option pursuant to |
| 222 | paragraph (1)(b). |
| 223 | (d) Receive a weighted or unweighted grade that earns at |
| 224 | least 2.0 points, or its equivalent, to earn course credit |
| 225 | toward the 18 credits required for the career preparatory |
| 226 | accelerated 3-year high school graduation option pursuant to |
| 227 | paragraph (1)(c). |
| 228 |
|
| 229 | Weighted grades referred to in paragraphs (b), (c), and (d) |
| 230 | shall be applied to those courses specifically listed or |
| 231 | identified by the department as rigorous pursuant to s. |
| 232 | 1009.531(3) or weighted by the district school board for class |
| 233 | ranking purposes. |
| 234 | (7) If, at the end of grade 10, a student is not on track |
| 235 | to meet the credit, assessment, or grade-point-average |
| 236 | requirements of the accelerated graduation option selected, the |
| 237 | school shall notify the student and parent of the following: |
| 238 | (a) The requirements that the student is not currently |
| 239 | meeting. |
| 240 | (b) The specific performance necessary in grade 11 for the |
| 241 | student to meet the accelerated graduation requirements. |
| 242 | (c) The right of the student to change to the 4-year |
| 243 | program set forth in s. 1003.43. |
| 244 | (8) A student who selected one of the accelerated 3-year |
| 245 | graduation options shall automatically move to the 4-year |
| 246 | program set forth in s. 1003.43 if the student: |
| 247 | (a) Exercises his or her right to change to the 4-year |
| 248 | program; |
| 249 | (b) Fails to earn 5 credits by the end of grade 9 or fails |
| 250 | to earn 11 credits by the end of grade 10; |
| 251 | (c) Does not achieve a score of 3 or higher on the grade |
| 252 | 10 FCAT Writing assessment; or |
| 253 | (d) By the end of grade 11 does not meet the requirements |
| 254 | of subsections (1) and (6). |
| 255 | (9)(6) A student who meets all requirements prescribed in |
| 256 | subsections (1) and (6)(5) shall be awarded a standard diploma |
| 257 | in a form prescribed by the State Board of Education. |
| 258 | Section 4. Paragraph (a) of subsection (5) of section |
| 259 | 1003.43, Florida Statutes, is amended to read: |
| 260 | 1003.43 General requirements for high school graduation.-- |
| 261 | (5) Each district school board shall establish standards |
| 262 | for graduation from its schools, and these standards must |
| 263 | include: |
| 264 | (a) Earning passing scores on the FCAT, as defined in s. |
| 265 | 1008.22(3)(c) or scores on a standardized test that are |
| 266 | concordant with passing scores on the FCAT as defined in s. |
| 267 | 1008.22(9). |
| 268 |
|
| 269 | The standards required in this subsection, and any subsequent |
| 270 | modifications, shall be reprinted in the Florida Administrative |
| 271 | Code even though not defined as "rules." |
| 272 | Section 5. Subsection (9) of section 1008.22, Florida |
| 273 | Statutes, is amended to read: |
| 274 | 1008.22 Student assessment program for public schools.-- |
| 275 | (9) EQUIVALENCIES FOR STANDARDIZED TESTS.--Any student who |
| 276 | enters a Florida public school at the eleventh grade or the |
| 277 | twelfth grade or any student who has exhausted all of his or her |
| 278 | attempts to pass the grade 10 FCAT and The Commissioner of |
| 279 | Education shall determine the comparable validity of other |
| 280 | available standardized tests, including the SAT, ACT, College |
| 281 | Placement Test, PSAT, PLAN, and tests used for entry into the |
| 282 | military. If such tests are deemed to be valid and reliable |
| 283 | measures, the commissioner shall approve the use of such tests |
| 284 | as alternate assessments to the grade 10 FCAT for the 2002-2003 |
| 285 | school year. Students who attains attain scores on the SAT or |
| 286 | the ACT that are concordant with equate to the passing scores on |
| 287 | the grade 10 FCAT for purposes of high school graduation on any |
| 288 | of the approved alternative assessments shall satisfy the |
| 289 | assessment requirement for a standard high school diploma as |
| 290 | provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for the 2002- |
| 291 | 2003 school year graduating class. Prior to the application of |
| 292 | these alternative assessments in subsequent school years, the |
| 293 | Legislature shall review the continued use of these alternative |
| 294 | tests. |
| 295 | Section 6. Subsection (1) of section 1013.735, Florida |
| 296 | Statutes, is amended to read: |
| 297 | 1013.735 Classrooms for Kids Program.-- |
| 298 | (1) ALLOCATION.--The department shall allocate funds |
| 299 | appropriated for the Classrooms for Kids Program. It is the |
| 300 | intent of the Legislature that this program be administered as |
| 301 | nearly as practicable in the same manner as the capital outlay |
| 302 | program authorized under s. 9(a), Art. XII of the State |
| 303 | Constitution. Each district school board's share of the annual |
| 304 | appropriation for the Classrooms for Kids Program must be |
| 305 | calculated according to the following formula: |
| 306 | (a) Twenty-five percent of the appropriation shall be |
| 307 | prorated to the districts based on each district's percentage of |
| 308 | K-12 base capital outlay full-time equivalent membership, and 65 |
| 309 | percent shall be based on each district's percentage of K-12 |
| 310 | growth capital outlay full-time equivalent membership as |
| 311 | specified for the allocation of funds from the Public Education |
| 312 | Capital Outlay and Debt Service Trust Fund by s. 1013.64(3). |
| 313 | (b) Ten percent of the appropriation must be allocated |
| 314 | among district school boards according to the allocation formula |
| 315 | in s. 1013.64(1)(a), excluding adult vocational technical |
| 316 | facilities. |
| 317 | Section 7. This act shall take effect July 1, 2004. |
| 318 |
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| 319 |
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| 320 | ================= T I T L E A M E N D M E N T ================= |
| 321 | Remove the entire title and insert: |
| 322 | A bill to be entitled |
| 323 | An act relating to class size reduction; amending s. |
| 324 | 1002.33, F.S.; providing for determination of the capacity |
| 325 | of conversion and nonconversion charter schools; |
| 326 | clarifying availability to charter schools of certain |
| 327 | district school board facilities or property; amending s. |
| 328 | 1003.03, F.S.; revising provisions relating to |
| 329 | determination of class size averages; providing for |
| 330 | reversal of class size reduction operating categorical |
| 331 | transfers under certain circumstances; amending s. |
| 332 | 1003.429, F.S.; revising course requirements in the |
| 333 | college preparatory accelerated high school graduation |
| 334 | program; revising course requirements in the career |
| 335 | preparatory accelerated high school graduation program; |
| 336 | providing students already participating in an accelerated |
| 337 | graduation program the right to continue in the current |
| 338 | program; establishing requirements for selection of |
| 339 | accelerated graduation options; requiring districts to |
| 340 | establish a policy for extending the deadline for certain |
| 341 | students to choose an accelerated graduation option; |
| 342 | authorizing use of alternate assessments; revising |
| 343 | requirements for grades that must be earned to participate |
| 344 | in the accelerated graduation program; requiring schools |
| 345 | to provide specific notices to students and parents if, at |
| 346 | the end of the grade 10, the student is not on track to |
| 347 | graduate; specifying certain situations in which a student |
| 348 | shall be moved from a 3-year to a 4-year graduation |
| 349 | program; amending s. 1003.43, F.S., relating to general |
| 350 | requirements for high school graduation; authorizing use |
| 351 | of alternate assessments; amending s. 1008.22, F.S.; |
| 352 | authorizing the SAT and the ACT as alternate assessments |
| 353 | for the grade 10 FCAT for students entering a Florida |
| 354 | public school in grade 11 or grade 12 and for students who |
| 355 | have exhausted all attempts to pass the grade 10 FCAT; |
| 356 | deleting obsolete language; amending s. 1013.735, F.S.; |
| 357 | modifying the formula for the allocation of funds from the |
| 358 | Classrooms for Kids appropriation; providing an effective |
| 359 | date. |