Amendment
Bill No. 1678
Amendment No. 986679
CHAMBER ACTION
Senate House
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1Representative(s) Bucher offered the following:
2
3     Amendment (with title amendment)
4     On page 3, between line(s) 5 and 6, insert:
5     Section 2.  Federal programs; duties of school officials.--
6     (1)  School officials may:
7     (a)  Apply for, receive, and administer funds made
8available through programs of the federal government;
9     (b)  Only expend federal funds for the purposes for which
10they are received and are accounted for by the state, school
11district, or charter school; and
12     (c)  Reduce or eliminate a program created with or expanded
13by federal funds to the extent allowed by law when federal funds
14for that program are subsequently reduced or eliminated.
15     (2)  School officials shall:
16     (a)  Prioritize resources, especially to resolve conflicts
17between federal provisions or between federal and state
18programs, including:
19     1.  Providing first priority to meeting state goals,
20objectives, program needs, and accountability systems as they
21relate to federal programs; and
22     2.  Providing second priority to implementing federal
23goals, objectives, program needs, and accountability systems
24that do not directly and simultaneously advance state goals,
25objectives, program needs, and accountability systems;
26     (b)  Interpret the provisions of federal programs in the
27best interest of students in this state;
28     (c)  Maximize local control and flexibility;
29     (d)  Minimize additional state resources that are diverted
30to implement federal programs beyond the federal monies that are
31provided to fund the programs;
32     (e)  Request changes to federal educational programs,
33especially programs that are underfunded or provide conflicts
34with other state or federal programs, including:
35     1.  Federal statutes;
36     2.  Federal regulations; and
37     3.  Other federal policies and interpretations of program
38provisions; and
39     (f)  Seek waivers from all possible federal statutes,
40requirements, regulations, and program provisions from federal
41education officials to:
42     1.  Maximize state flexibility in implementing program
43provisions; and
44     2.  Receive reasonable time to comply with federal program
45provisions.
46     (3)  The requirements of school officials under this
47section, including the responsibility to lobby federal
48officials, are not intended to mandate school officials to incur
49costs or require the hiring of lobbyists, but are intended to be
50performed in the course of school officials' normal duties.
51     Section 3.  No Child Left Behind; state implementation.--
52     (1)(a)  In accordance with the No Child Left Behind Act,
53including section 9527, school officials shall determine, as
54applied to their responsibilities, if the No Child Left Behind
55Act:
56     1.  Requires the state to spend state or local resources in
57order to comply with the No Child Left Behind Act; or
58     2.  Causes the state, local education agencies, or schools
59to change curriculum in order to comply.
60     (b) School officials shall request a waiver under section
619401 of the No Child Left Behind Act of any provision of the No
62Child Left Behind Act that violates section 9527 of the act.
63     (2)  In addition to the duties described under subsection
64(1), school officials shall:
65     (a)  Request reasonable time to comply with the provisions
66of the No Child Left Behind Act;
67     (b)  Lobby Congress for needed changes to the No Child Left
68Behind Act; and
69     (c)  Lobby federal education officials for relief from the
70provisions of the No Child Left Behind Act, including waivers
71from federal requirements, regulations, and administrative
72burdens.
73     (3)  School officials shall lobby Congress and federal
74education officials for needed resolution and clarification for
75conflicts between the No Child Left Behind Act and the
76Individuals with Disabilities Education Act.
77     (4)  In the case of conflicts between the No Child Left
78Behind Act and the Individuals with Disabilities Education Act,
79the parents, in conjunction with school officials, shall
80determine which program best meets the educational needs of the
81student.
82
83================= T I T L E  A M E N D M E N T =================
84     On page 1, line(s) 2-8, remove all of said lines, and
85insert:
86An act relating to public schools; amending s. 1003.03, F.S.;
87revising provisions relating to determination of class size
88averages for purpose of compliance with class size maximums;
89providing for reversal of class size reduction operating
90categorical transfers under certain circumstances; providing
91powers and duties of school officials relating to the
92expenditure of funds made available through federal programs and
93implementation of federal programs; providing for state
94implementation of the No Child Left Behind Act; providing duties
95of school officials; providing an


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