Amendment
Bill No. 0002

Amendment No. 873335

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Pickens, Baxley, Stargel, Arza, Patterson, and
2	Mealor offered the following:
3
4	Substitute Amendment for Amendment (628337) (with title
5	amendment)
6	Remove everything after the enacting clause and insert:
7	Section 1.  Paragraph (f) is added to subsection (3) of
8	section 20.15, Florida Statutes, to read:
9	20.15  Department of Education.--There is created a
10	Department of Education.
11	(3)  DIVISIONS.--The following divisions of the Department
12	of Education are established:
13	(f)  Division of Accountability, Research, and Measurement.
14	Section 2.  Paragraph (a) of subsection (5) of section
15	1000.01, Florida Statutes, is amended to read:
16	1000.01  The Florida K-20 education system; technical
17	provisions.--
18	(5)  EDUCATION GOVERNANCE TRANSFERS.--
19	(a)  Effective July 1, 2001:
20	1.  The Board of Regents is abolished.
21	2.  All of the powers, duties, functions, records,
22	personnel, and property; unexpended balances of appropriations,
23	allocations, and other funds; administrative authority;
24	administrative rules; pending issues; and existing contracts of
25	the Board of Regents are transferred by a type two transfer,
26	pursuant to s. 20.06(2), to the State Board of Education.
27	3.  The State Board of Community Colleges is abolished.
28	4.  All of the powers, duties, functions, records,
29	personnel, and property; unexpended balances of appropriations,
30	allocations, and other funds; administrative authority;
31	administrative rules; pending issues; and existing contracts of
32	the State Board of Community Colleges are transferred by a type
33	two transfer, pursuant to s. 20.06(2), from the Department of
34	Education to the State Board of Education.
35	5.  The Postsecondary Education Planning Commission is
36	abolished.
37	6.  The Council for Education Policy Research and
38	Improvement is created as an independent office under the Office
39	of Legislative Services.
40	7.  All personnel, unexpended balances of appropriations,
41	and allocations of the Postsecondary Education Planning
42	Commission are transferred to the Council for Education Policy
43	Research and Improvement.
44	6.8.  The Articulation Coordinating Committee and the
45	Education Standards Commission are transferred by a type two
46	transfer, pursuant to s. 20.06(2), from the Department of
47	Education to the State Board of Education.
48	Section 3.  Subsection (1) of section 1001.03, Florida
49	Statutes, is amended to read:
50	1001.03  Specific powers of State Board of Education.--
51	(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
52	Board of Education shall approve the student performance
53	standards known as the Sunshine State Standards in key academic
54	subject areas and grade levels. The state board shall
55	periodically review the standards to ensure adequate rigor,
56	logical student progression, and articulation from grade to
57	grade and evaluate the extent to which the standards are being
58	taught at each grade level. The evaluation shall be provided to
59	the Governor, the Speaker of the House of Representatives, and
60	the President of the Senate and shall include a determination of
61	each district school board's provision of a complete education
62	program pursuant to s. 1001.41(3).
63	Section 4.  Paragraph (a) of subsection (2) of section
64	1001.11, Florida Statutes, is amended to read:
65	1001.11  Commissioner of Education; other duties.--
66	(2)(a)  The Commissioner of Education shall recommend to
67	the State Board of Education performance goals addressing the
68	educational needs of the state for the K-20 education system.
69	The Department of Council for Education Policy Research and
70	Improvement, as an independent entity, shall develop a report
71	card assigning grades to indicate Florida's progress toward
72	meeting those goals. The annual report card shall contain
73	information showing Florida's performance relative to other
74	states on selected measures, as well as Florida's ability to
75	meet the need for postsecondary degrees and programs and how
76	well the Legislature has provided resources to meet this need.
77	The information shall include the results of the National
78	Assessment of Educational Progress or a similar national
79	assessment program administered to students in Florida. By
80	January 1 of each year, the department Council for Education
81	Policy Research and Improvement shall submit the report card to
82	the Legislature, the Governor, and the public.
83	Section 5.  Section 1001.215, Florida Statutes, is created
84	to read:
85	1001.215  Just Read, Florida! Office.--There is created in
86	the Department of Education the Just Read, Florida! Office. The
87	office shall:
88	(1)  Train professionally certified teachers to become
89	certified reading coaches.
90	(2)  Create multiple designations of effective reading
91	instruction, with accompanying credentials, that encourage all
92	teachers to integrate reading instruction into their content
93	areas.
94	(3)  Train K-12 teachers, school principals, and parents on
95	research-based reading instruction strategies.
96	(4)  Provide technical assistance to school districts in
97	the development and implementation of district plans for use of
98	the research-based reading instruction allocation provided in s.
99	1011.62(8) and annually review and approve such plans.
100	(5)  Work with the Florida Center for Reading Research to
101	provide information on research-based reading programs.
102	(6)  Periodically review the Sunshine State Standards for
103	reading at all grade levels.
104	(7)  Periodically review teacher certification examinations
105	to ensure that the examinations measure necessary skills in
106	research-based reading instructional strategies.
107	(8)  Work with teacher preparation programs approved
108	pursuant to s. 1004.04 to ensure integration of research-based
109	reading instructional strategies into teacher preparation
110	programs.
111	(9)  Administer grants and perform other functions
112	necessary to assist with meeting the goal that all students read
113	at grade level.
114	Section 6.  Subsection (3) of section 1001.41, Florida
115	Statutes, is amended to read:
116	1001.41  General powers of district school board.--The
117	district school board, after considering recommendations
118	submitted by the district school superintendent, shall exercise
119	the following general powers:
120	(3)  Prescribe and adopt standards and policies to provide
121	each student the opportunity to receive a complete education
122	program, including language arts, mathematics, science, social
123	studies, health, physical education, foreign languages, and the
124	arts as defined by the Sunshine State Standards pursuant to s.
125	1001.03(1) as are considered desirable by it for improving the
126	district school system.
127	Section 7.  Subsection (16), paragraph (d) of subsection
128	(17), and subsection (18) of section 1001.42, Florida Statutes,
129	are amended to read:
130	1001.42  Powers and duties of district school board.--The
131	district school board, acting as a board, shall exercise all
132	powers and perform all duties listed below:
133	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
134	ACCOUNTABILITY.--Maintain a system of school improvement and
135	education accountability as provided by statute and State Board
136	of Education rule. This system of school improvement and
137	education accountability shall be consistent with, and
138	implemented through, the district's continuing system of
139	planning and budgeting required by this section and ss.
140	1008.385, 1010.01, and 1011.01. This system of school
141	improvement and education accountability shall include, but is
142	not limited to, the following:
143	(a)  School improvement plans.--Annually approve and
144	require implementation of a new, amended, or continuation school
145	improvement plan for each school in the district, except that a
146	district school board may establish a district school
147	improvement plan that includes all schools in the district
148	operating for the purpose of providing educational services to
149	youth in Department of Juvenile Justice programs. Such plan
150	shall be designed to achieve the state education priorities
151	pursuant to s. 1000.03(5) and student performance standards. In
152	addition, any school required to implement a rigorous reading
153	requirement pursuant to s. 1003.415 must include such component
154	in its school improvement plan. Each plan shall also address
155	issues relative to budget, training, instructional materials,
156	technology, staffing, student support services, specific school
157	safety and discipline strategies, student health and fitness,
158	including physical fitness, parental information on student
159	health and fitness, and indoor environmental air quality, and
160	other matters of resource allocation, as determined by district
161	school board policy, and shall be based on an analysis of
162	student achievement and other school performance data.
163	(b)  School improvement plan requirements.--Each district
164	school board's system of school improvement and student
165	progression must be designed to provide frequent and accurate
166	information to the teacher and student regarding each student's
167	progress toward mastering the Sunshine State Standards. The
168	system must demonstrate the alignment of the Sunshine State
169	Standards, instructional strategies, assessment, and
170	professional development. Each school improvement plan must
171	identify the strategies for monitoring the progress of each
172	student. The process used by each school to monitor student
173	progression must, at a minimum, contain the following components
174	that are aimed at increasing student achievement:
175	1.  Disaggregated student achievement data related to
176	student performance which is used to identify each individual
177	student's strengths and weaknesses and to determine the
178	effectiveness of the teaching and learning strategies that are
179	being used in the classroom.
180	2.  The Sunshine State Standards instructional calendar and
181	timeline, using disaggregated student performance data to focus
182	instruction on the Sunshine State Standards, manage
183	instructional time, and allocate resources.
184	3.  Prioritized instructional focus to facilitate explicit
185	and systematic instruction using research-based effective
186	practices in the classroom.
187	4.  Mini-assessments of targeted Sunshine State Standards
188	benchmarks to monitor student progress and generate data to
189	redesign instruction, if needed.
190	5.  Alternative in-school, tutorial, remediation, or
191	enrichment strategies for students which are based on each
192	student's individual academic needs as defined by the mini-
193	assessments.
194	6.  Systematic monitoring of each teacher's implementation
195	of the comprehensive program for student progression as
196	described in subparagraphs 1.-5.
197	(c)(b)  Approval process.--Develop a process for approval
198	of a school improvement plan presented by an individual school
199	and its advisory council. In the event a district school board
200	does not approve a school improvement plan after exhausting this
201	process, the Department of Education shall be notified of the
202	need for assistance.
203	(d)(c)  Assistance and intervention.--
204	1.  Develop a 2-year plan of increasing individualized
205	assistance and intervention for each school in danger of not
206	meeting state standards or making adequate progress, as defined
207	pursuant to statute and State Board of Education rule, toward
208	meeting the goals and standards of its approved school
209	improvement plan.
210	2.  Provide assistance and intervention to a school that is
211	designated with a identified as being in performance grade of
212	category "D" pursuant to s. 1008.34 and is in danger of failing.
213	3.  Develop a plan to encourage teachers with demonstrated
214	mastery in improving student performance to remain at or
215	transfer to a school designated with a as performance grade of
216	category "D" or "F" or to an alternative school that serves
217	disruptive or violent youths. If a classroom teacher, as defined
218	by s. 1012.01(2)(a), who meets the definition of teaching
219	mastery developed according to the provisions of this paragraph,
220	requests assignment to a school designated with a as performance
221	grade of category "D" or "F" or to an alternative school that
222	serves disruptive or violent youths, the district school board
223	shall make every practical effort to grant the request.
224	4.  Prioritize, to the extent possible, the expenditures of
225	funds received from the supplemental academic instruction
226	categorical fund under s. 1011.62(1)(f) to improve student
227	performance in schools that receive a performance grade category
228	designation of "D" or "F."
229	(e)(d)  After 2 years.--Notify the Commissioner of
230	Education and the State Board of Education in the event any
231	school does not make adequate progress toward meeting the goals
232	and standards of a school improvement plan by the end of 2 years
233	of failing to make adequate progress and proceed according to
234	guidelines developed pursuant to statute and State Board of
235	Education rule. School districts shall provide intervention and
236	assistance to schools in danger of being designated with a as
237	performance grade of category "F," failing to make adequate
238	progress.
239	(f)(e)  Public disclosure.--Provide information regarding
240	performance of students and educational programs as required
241	pursuant to ss. 1008.22 and 1008.385 and implement a system of
242	school reports as required by statute and State Board of
243	Education rule that shall include schools operating for the
244	purpose of providing educational services to youth in Department
245	of Juvenile Justice programs, and for those schools, report on
246	the elements specified in s. 1003.52(19). Annual public
247	disclosure reports shall be in an easy-to-read report card
248	format and shall include the school's student and school
249	performance grade category designation and performance data as
250	specified in state board rule.
251	(g)(f)  School improvement funds.--Provide funds to schools
252	for developing and implementing school improvement plans. Such
253	funds shall include those funds appropriated for the purpose of
254	school improvement pursuant to s. 24.121(5)(c).
255	(17)  LOCAL-LEVEL DECISIONMAKING.--
256	(d)  Adopt policies that assist in giving greater autonomy,
257	including authority over the allocation of the school's budget,
258	to schools designated with a as performance grade of category
259	"A," making excellent progress, and schools rated as having
260	improved at least two grades performance grade categories.
261	(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
262	students attending schools that have been designated with a as
263	performance grade of category "F," failing to make adequate
264	progress, for 2 school years in a 4-year period to attend a
265	higher performing school in the district or an adjoining
266	district or be granted a state opportunity scholarship to a
267	private school, in conformance with s. 1002.38 and State Board
268	of Education rule.
269	Section 8.  Subsection (2) and paragraphs (a) and (b) of
270	subsection (3) of section 1002.38, Florida Statutes, are amended
271	to read:
272	1002.38  Opportunity Scholarship Program.--
273	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school
274	student's parent may request and receive from the state an
275	opportunity scholarship for the student to enroll in and attend
276	a private school in accordance with the provisions of this
277	section if:
278	(a)1.  By assigned school attendance area or by special
279	assignment, the student has spent the prior school year in
280	attendance at a public school that has been designated pursuant
281	to s. 1008.34 with a as performance grade of category "F,"
282	failing to make adequate progress, and that has had 2 school
283	years in a 4-year period of such low performance, and the
284	student's attendance occurred during a school year in which such
285	designation was in effect;
286	2.  The student has been in attendance elsewhere in the
287	public school system and has been assigned to such school for
288	the next school year; or
289	3.  The student is entering kindergarten or first grade and
290	has been notified that the student has been assigned to such
291	school for the next school year.
292	(b)  The parent has obtained acceptance for admission of
293	the student to a private school eligible for the program
294	pursuant to subsection (4), and has notified the Department of
295	Education and the school district of the request for an
296	opportunity scholarship no later than August July 1 of the first
297	year in which the student intends to use the scholarship.
298
299	The provisions of this section shall not apply to a student who
300	is enrolled in a school operating for the purpose of providing
301	educational services to youth in Department of Juvenile Justice
302	commitment programs. For purposes of continuity of educational
303	choice, the opportunity scholarship shall remain in force until
304	the student returns to a public school or, if the student
305	chooses to attend a private school the highest grade of which is
306	grade 8, until the student matriculates to high school and the
307	public high school to which the student is assigned is an
308	accredited school with a performance grade category designation
309	of "C" or better. However, at any time upon reasonable notice to
310	the Department of Education and the school district, the
311	student's parent may remove the student from the private school
312	and place the student in a public school, as provided in
313	subparagraph (3)(a)2.
314	(3)  SCHOOL DISTRICT OBLIGATIONS.--
315	(a)  A school district shall, for each student enrolled in
316	or assigned to a school that has been designated with a as
317	performance grade of category "F" for 2 school years in a 4-year
318	period:
319	1.  Timely notify the parent of the student as soon as such
320	designation is made of all options available pursuant to this
321	section.
322	2.  Offer that student's parent an opportunity to enroll
323	the student in the public school within the district that has
324	been designated by the state pursuant to s. 1008.34 as a school
325	performing higher than that in which the student is currently
326	enrolled or to which the student has been assigned, but not less
327	than performance grade category "C." The parent is not required
328	to accept this offer in lieu of requesting a state opportunity
329	scholarship to a private school. The opportunity to continue
330	attending the higher performing public school shall remain in
331	force until the student graduates from high school.
332	(b)  The parent of a student enrolled in or assigned to a
333	school that has been designated with a performance grade of
334	category "F" for 2 school years in a 4-year period may choose as
335	an alternative to enroll the student in and transport the
336	student to a higher-performing public school that has available
337	space in an adjacent school district, and that school district
338	shall accept the student and report the student for purposes of
339	the district's funding pursuant to the Florida Education Finance
340	Program.
341	Section 9.  Paragraph (b) of subsection (3) of section
342	1003.01, Florida Statutes, is amended to read:
343	1003.01  Definitions.--As used in this chapter, the term:
344	(3)
345	(b)  "Special education services" means specially designed
346	instruction and such related services as are necessary for an
347	exceptional student to benefit from education. Such services may
348	include: transportation; diagnostic and evaluation services;
349	social services; physical and occupational therapy; speech and
350	language pathology services; job placement; orientation and
351	mobility training; braillists, typists, and readers for the
352	blind; interpreters and auditory amplification; rehabilitation
353	counseling; transition services; mental health services;
354	guidance and career counseling; specified materials, assistive
355	technology devices, and other specialized equipment; and other
356	such services as approved by rules of the state board.
357	Section 10.  Paragraph (b) of subsection (2) of section
358	1003.03, Florida Statutes, is amended to read:
359	1003.03  Maximum class size.--
360	(2)  IMPLEMENTATION.--
361	(b)  Determination of the number of students per classroom
362	in paragraph (a) shall be calculated as follows:
363	1.  For fiscal years 2003-2004 through 2006-2007 2005-2006,
364	the calculation for compliance for each of the 3 grade groupings
365	shall be the average at the district level.
366	2.  For fiscal year years 2006-2007 through 2007-2008, the
367	calculation for compliance for each of the 3 grade groupings
368	shall be the average at the school level.
369	3.  For fiscal years 2008-2009, 2009-2010, and thereafter,
370	the calculation for compliance shall be at the individual
371	classroom level.
372	Section 11.  Subsection (3) of section 1003.05, Florida
373	Statutes, is amended to read:
374	1003.05  Assistance to transitioning students from military
375	families.--
376	(3)  Dependent children of active duty military personnel
377	who otherwise meet the eligibility criteria for special academic
378	programs offered through public schools shall be given first
379	preference for admission to such programs even if the program is
380	being offered through a public school other than the school to
381	which the student would generally be assigned and the school at
382	which the program is being offered has reached its maximum
383	enrollment. If such a program is offered through a public school
384	other than the school to which the student would generally be
385	assigned, the parent or guardian of the student must assume
386	responsibility for transporting the student to that school. For
387	purposes of this subsection, special academic programs include
388	charter schools, magnet schools, advanced studies programs,
389	advanced placement, dual enrollment, and International
390	Baccalaureate.
391	Section 12.  Section 1003.413, Florida Statutes, is created
392	to read:
393	1003.413  High school reform.--
394	(1)  Beginning with the 2005-2006 school year, each school
395	district shall establish policies to assist high school students
396	to remain in school, graduate on time, and be prepared for
397	postsecondary education and the workforce. Such policies must
398	address:
399	(a)  Intensive reading remediation for students in grades 9
400	through 12 scoring below Level 3 on FCAT Reading, pursuant to
401	the reading instruction plan required by s. 1011.62(8).
402	(b)  Credit recovery options and course scheduling designed
403	to allow high school students to earn credit for failed courses
404	so that they are able to graduate on time.
405	(c)  Immediate and frequent notification to parents of
406	students who are in danger of not graduating from high school.
407	(d)  Placement in alternative programs, such as programs
408	that emphasize applied integrated curricula, small learning
409	communities, support services, increased discipline, or other
410	strategies documented to improve student achievement.
411	(e)  Summer reading institutes for rising ninth graders
412	scoring below Level 3 on FCAT Reading, pursuant to the reading
413	instruction plan required by s. 1011.62(8).
414
415	A student's participation in an instructional or remediation
416	program prior to or immediately following entering grade 9 for
417	the first time shall not affect that student's classification as
418	a first-time ninth grader for reporting purposes, including
419	calculation of graduation and dropout rates.
420	(2)  The Commissioner of Education shall create and
421	implement the Challenge High School Recognition Program to
422	reward public high schools that demonstrate continuous academic
423	improvement and show the greatest gains in student academic
424	achievement in reading and mathematics.
425	Section 13.  High School Reform Task Force.--
426	(1)  There is created the High School Reform Task Force.
427	The task force shall work in conjunction with the Southern
428	Regional Education Board and the International Center for
429	Leadership in Education and shall be administratively supported
430	by the office of the Chancellor for K-12 Public Schools in the
431	Department of Education and the Just Read, Florida! Office.
432	Appointments to the task force shall be coordinated to ensure
433	that the membership reflects the geographic and cultural
434	diversity of Florida's school age population. The task force
435	shall be abolished upon submission of its recommendations.
436	(2)(a)  The Governor shall appoint members of the task
437	force from the following categories and shall appoint the chair
438	of the task force from its membership:
439	1.  Two representatives of public school districts, who may
440	be principals, district school board members, or school
441	superintendents, at least one of whom works in or with a school
442	with a school grade of "F."
443	2.  One high school teacher who teaches in a high school
444	with a school grade of "F."
445	3.  Two parents of high school students scoring at Level 1
446	on FCAT Reading, at least one whom has a child enrolled in a
447	school with a school grade of "F."
448	4.  One high school student.
449	5.  One teacher or administrator from a charter high
450	school.
451	6.  Two private school teachers or administrators from any
452	registered Florida private school with students in grades 9-12
453	regardless of whether the school is nonsectarian, sectarian, not
454	for profit, or for profit.
455	7.  One representative of the business community.
456	(b)  The Speaker of the House of Representatives shall
457	appoint one member of the House of Representatives to serve on
458	the task force and the President of the Senate shall appoint one
459	member of the Senate to serve on the task force.
460	(3)  Not later than January 1, 2006, the task force shall
461	vote to recommend to the Speaker of the House of
462	Representatives, the President of the Senate, and the Governor a
463	long-term plan for revisions to statutes, rules, and policies
464	that will improve Florida's grade 9 retention rate, graduation
465	rate, dropout rate, and college remediation rate and align high
466	school requirements with the needs of Florida's employers and
467	postsecondary educational institution requirements. The plan
468	must be programmatically and fiscally responsible, feasible, and
469	implementable. The plan must address, but is not limited to
470	addressing: graduation requirements; effective use of
471	accelerated high school graduation options pursuant to s.
472	1003.429; course redesign; remediation strategies; credit
473	recovery; use of alternative programs, including programs that
474	emphasize applied integrated curricula, small learning
475	communities, support services, or increased discipline; use of
476	technology; adjustments to the school grading system to reflect
477	learning gains by high school students; middle school systemic
478	alignment; transition from middle school to high school;
479	alignment with postsecondary and workforce education
480	requirements; and alignment with employer expectations.
481	Section 14.  Section 1003.415, Florida Statutes, is amended
482	to read:
483	1003.415  The Middle Grades Reform Act.--
484	(1)  POPULAR NAME.--This section shall be known by the
485	popular name the "Middle Grades Reform Act."
486	(2)  PURPOSE AND INTENT.--
487	(a)  The purpose of this section is to provide added focus
488	and rigor to academics in the middle grades. Using reading as
489	the foundation, all middle grade students should receive
490	rigorous academic instruction through challenging curricula
491	delivered by highly qualified teachers in schools with
492	outstanding leadership, which schools are supported by engaged
493	and informed parents.
494	(b)  It is the intent of the Legislature that students
495	promoted from the eighth grade will have the necessary reading
496	and mathematics skills to be ready for success in high school.
497	The mission of middle grades is to prepare students to graduate
498	from high school.
499	(3)  DEFINITION.--As used in this section, the term "middle
500	grades" means grades 6, 7, and 8.
501	(4)  CURRICULA AND COURSES.--The Department of Education
502	shall review course offerings, teacher qualifications,
503	instructional materials, and teaching practices used in reading
504	and language arts programs in the middle grades. The department
505	must consult with the Florida Center for Reading Research at
506	Florida State University, the Just Read, Florida! Office,
507	reading researchers, reading specialists, and district
508	supervisors of curriculum in the development of findings and
509	recommendations. The Commissioner of Education shall make
510	recommendations to the State Board of Education regarding
511	changes to reading and language arts curricula in the middle
512	grades based on research-based proven effective programs. The
513	State Board of Education shall adopt rules based upon the
514	commissioner's recommendations no later than March 1, 2005.
515	Implementation of new or revised reading and language arts
516	courses in all middle grades shall be phased in beginning no
517	later than the 2005-2006 school year with completion no later
518	than the 2008-2009 school year.
519	(5)  RIGOROUS READING REQUIREMENT.--
520	(a)  Beginning with the 2004-2005 school year, each public
521	school serving middle grade students, including charter schools,
522	with fewer than 75 percent of its students reading at or above
523	grade level in grade 6, grade 7, or grade 8 as measured by a
524	student scoring at Level 3 or above on the FCAT during the prior
525	school year, must incorporate by October 1 a rigorous reading
526	requirement for reading and language arts programs as the
527	primary component of its school improvement plan. The department
528	shall annually provide to each district school board by June 30
529	a list of its schools that are required to incorporate a
530	rigorous reading requirement as the primary component of the
531	school's improvement plan. The department shall provide
532	technical assistance to school districts and school
533	administrators required to implement the rigorous reading
534	requirement.
535	(b)  The purpose of the rigorous reading requirement is to
536	assist each student who is not reading at or above grade level
537	to do so before entering high school. The rigorous reading
538	requirement must include for a middle school's low-performing
539	student population specific areas that address phonemic
540	awareness, phonics, fluency, comprehension, and vocabulary; the
541	desired levels of performance in those areas; and the
542	instructional and support services to be provided to meet the
543	desired levels of performance. The school shall use research-
544	based reading activities that have been shown to be successful
545	in teaching reading to low-performing students.
546	(c)  Schools required to implement the rigorous reading
547	requirement must provide quarterly reports to the district
548	school superintendent on the progress of students toward
549	increased reading achievement.
550	(d)  The results of implementation of a school's rigorous
551	reading requirement shall be used as part of the annual
552	evaluation of the school's instructional personnel and school
553	administrators as required in s. 1012.34.
554	(6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC PERFORMANCE
555	OF STUDENTS AND SCHOOLS.--
556	(a)  The department shall conduct a study on how the
557	overall academic performance of middle grade students and
558	schools can be improved. The department must consult with the
559	Florida Center for Reading Research at Florida State University,
560	the Just Read, Florida! Office, and key education stakeholders,
561	including district school board members, district school
562	superintendents, principals, parents, teachers, district
563	supervisors of curriculum, and students across the state, in the
564	development of its findings and recommendations. The department
565	shall review, at a minimum, each of the following elements:
566	1.  Academic expectations, which include, but are not
567	limited to:
568	a.  Alignment of middle school expectations with elementary
569	and high school graduation requirements.
570	b.  Best practices to improve reading and language arts
571	courses based on research-based programs for middle school
572	students in alignment with the Sunshine State Standards.
573	c.  Strategies that focus on improving academic success for
574	low-performing students.
575	d.  Rigor of curricula and courses.
576	e.  Instructional materials.
577	f.  Course enrollment by middle school students.
578	g.  Student support services.
579	h.  Measurement and reporting of student achievement.
580	2.  Attendance policies and student mobility issues.
581	3.  Teacher quality, which includes, but is not limited to:
582	a.  Preparedness of teachers to teach rigorous courses to
583	middle school students.
584	b.  Teacher evaluations.
585	c.  Substitute teachers.
586	d.  Certification and recertification requirements.
587	e.  Staff development requirements.
588	f.  Availability of effective staff development training.
589	g.  Teacher recruitment and vacancy issues.
590	h.  Federal requirements for highly qualified teachers
591	pursuant to the No Child Left Behind Act of 2001.
592	4.  Identification and availability of diagnostic testing.
593	5.  Availability of personnel and scheduling issues.
594	6.  Middle school leadership and performance.
595	7.  Parental and community involvement.
596	(b)  By December 1, 2004, the Commissioner of Education
597	shall submit to the President of the Senate, the Speaker of the
598	House of Representatives, the chairs of the education committees
599	in the Senate and the House of Representatives, and the State
600	Board of Education recommendations to increase the academic
601	performance of middle grade students and schools.
602	(5)(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
603	(a)  Beginning with the 2004-2005 school year, Each
604	principal of a school with a middle grade shall designate
605	certified staff members at the school to develop and administer
606	a personalized middle school success plan for each entering
607	sixth grade student who scored below Level 3 in reading on the
608	most recently administered FCAT. The purpose of the success plan
609	is to assist the student in meeting state and school district
610	expectations in academic proficiency and to prepare the student
611	for a rigorous high school curriculum. The success plan shall be
612	developed in collaboration with the student and his or her
613	parent and must be implemented until the student completes the
614	eighth grade or achieves a score at Level 3 or above in reading
615	on the FCAT, whichever occurs first. The success plan must
616	minimize paperwork and may be incorporated into a parent/teacher
617	conference, included as part of a progress report or report
618	card, included as part of a general orientation at the beginning
619	of the school year, or provided by electronic mail or other
620	written correspondence.
621	(b)  The personalized middle school success plan must:
622	1.  Identify educational goals and intermediate benchmarks
623	for the student in the core curriculum areas which will prepare
624	the student for high school.
625	2.  Be based upon academic performance data and an
626	identification of the student's strengths and weaknesses.
627	3.  Include academic intervention strategies with frequent
628	progress monitoring.
629	4.  Provide innovative methods to promote the student's
630	advancement which may include, but not be limited to, flexible
631	scheduling, tutoring, focus on core curricula, online
632	instruction, an alternative learning environment, or other
633	interventions that have been shown to accelerate the learning
634	process.
635	(c)  The personalized middle school success plan must be
636	incorporated into any individual student plan required by
637	federal or state law, including the academic improvement plan
638	required in s. 1008.25, an individual education plan (IEP) for a
639	student with disabilities, a federal 504 plan, or an ESOL plan.
640	(d)  The Department of Education shall provide technical
641	assistance for districts, school administrators, and
642	instructional personnel regarding the development of
643	personalized middle school success plans. The assistance shall
644	include strategies and techniques designed to maximize
645	interaction between students, parents, teachers, and other
646	instructional and administrative staff while minimizing
647	paperwork.
648	(6)(8)  STATE BOARD OF EDUCATION AUTHORITY.--
649	(a)  The State Board of Education shall have authority to
650	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
651	the provisions of this section.
652	(b)  The State Board of Education shall have authority
653	pursuant to s. 1008.32 to enforce the provisions of this
654	section.
655	Section 15.  Section 1003.4155, Florida Statutes, is
656	created to read:
657	1003.4155  Middle school grading system.--The grading
658	system and interpretation of letter grades used in grades 6
659	through 8 shall be as follows:
660	(1)  Grade "A" equals 90 percent through 100 percent, has a
661	grade point average value of 4, and is defined as "outstanding
662	progress."
663	(2)  Grade "B" equals 80 percent through 89 percent, has a
664	grade point average value of 3, and is defined as "above average
665	progress."
666	(3)  Grade "C" equals 70 percent through 79 percent, has a
667	grade point average value of 2, and is defined as "average
668	progress."
669	(4)  Grade "D" equals 60 percent through 69 percent, has a
670	grade point average value of 1, and is defined as "lowest
671	acceptable progress."
672	(5)  Grade "F" equals zero percent through 59 percent, has
673	a grade point average value of zero, and is defined as
674	"failure."
675	(6)  Grade "I" equals zero percent, has a grade point
676	average value of zero, and is defined as "incomplete."
677	Section 16.  Section 1003.4156, Florida Statutes, is
678	created to read:
679	1003.4156  General requirements for middle school
680	promotion.--
681	(1)  Beginning with students entering grade 6 in the 2005-
682	2006 school year, promotion from a middle school with grades 6
683	through 8 requires that:
684	(a)  A student must successfully complete 12 academic
685	credits as follows:
686	1.  Three middle school or higher credits in
687	English/language arts.
688	2.  Three middle school or higher credits in mathematics.
689	3.  Two middle school or higher credits in social studies.
690	4.  Two middle school or higher credits in science.
691	5.  Two middle school or higher credits in elective
692	courses.
693	(b)  For each year in which a student scores at Level 1 or
694	Level 2 on FCAT Reading, the student must the following year be
695	enrolled in and complete a full-year intensive reading course
696	for which the student may earn up to one elective credit per
697	year. Students scoring at Level 3 or Level 4 on FCAT Reading may
698	be enrolled, with parental permission, in a full-year intensive
699	reading course for which the student may earn up to two elective
700	credits during middle school. Reading courses shall be designed
701	and offered pursuant to the reading instruction plan required by
702	s. 1011.62(8).
703	(2)  One full credit means a minimum of 135 hours of
704	instruction in a designated course of study that contains
705	student performance standards. For schools authorized by the
706	district school board to implement block scheduling, one full
707	credit means a minimum of 120 hours of instruction in a
708	designated course of study that contains student performance
709	standards.
710	(3)  District school boards shall establish policies to
711	implement the requirements of this section. The policies may
712	allow alternative methods for students to earn the credits
713	required by this section. School districts shall emphasize
714	alternative programs for students scoring at Level 1 on FCAT
715	Reading who have been retained in elementary school. The
716	alternatives may include, but are not limited to, opportunities
717	for students to:
718	(a)  Recover credits.
719	(b)  Be promoted on time to high school.
720	(c)  Be placed in programs that emphasize applied
721	integrated curricula, small learning communities, support
722	services, increased discipline, or other strategies documented
723	to improve student achievement.
724
725	The school district's policy shall be submitted to the State
726	Board of Education for approval. The school district's policy
727	shall be automatically approved unless specifically rejected by
728	the State Board of Education within 60 days after receipt.
729	(4)  The State Board of Education shall adopt rules
730	pursuant to ss. 120.536(1) and 120.54 to provide for alternative
731	middle school promotion standards for students in grade 6, grade
732	7, or grade 8, including students who are not enrolled in
733	schools with a grade 6 through 8 middle school configuration.
734	Section 17.  Subsection (2) of section 1003.42, Florida
735	Statutes, is amended to read:
736	1003.42  Required instruction.--
737	(2)  All members of the instructional staff of the public
738	schools, subject to the rules of the State Board of Education
739	and the district school board, shall teach efficiently and
740	faithfully, using the books and materials required that meet the
741	highest standards for professionalism and historic accuracy,
742	following the prescribed courses of study, and employing
743	approved methods of instruction, the following:
744	(a)  The history and content of the Declaration of
745	Independence as written, including national sovereignty, natural
746	law, self-evident truth, equality of all persons, limited
747	government, popular sovereignty, and God-given, inalienable
748	rights of life, liberty, and property, and how they form it
749	forms the philosophical foundation of our government.
750	(b)  The history, meaning, significance, and effect of the
751	provisions of the Constitution of the United States and
752	amendments thereto with emphasis on each of the 10 amendments
753	that make up the Bill of Rights and how the Constitution
754	provides the structure of our government.
755	(c)  The history of the state and the State Constitution.
756	(d)(b)  The most important arguments in support of adopting
757	our republican form of government, as they are embodied in the
758	most important of the Federalist Papers.
759	(c)  The essentials of the United States Constitution and
760	how it provides the structure of our government.
761	(e)(d)  Flag education, including proper flag display and
762	flag salute.
763	(f)(e)  The elements of United States civil government,
764	including the primary functions of and interrelationships
765	between the Federal Government, the state, and its counties,
766	municipalities, school districts, and special districts.
767	(g)  The history of the United States, including the period
768	of discovery, early colonies, the War for Independence, the
769	Civil War, Reconstruction, the expansion of the United States to
770	its present boundaries, the world wars, and the Civil Rights
771	Movement to the present. The history of the United States should
772	be taught in a factual manner based on genuine history. The
773	curriculum should include instruction on the universal
774	principles stated in the United States Constitution and the
775	Declaration of Independence.
776	(h)(f)  The history of the Holocaust (1933-1945), the
777	systematic, planned annihilation of European Jews and other
778	groups by Nazi Germany, a watershed event in the history of
779	humanity, to be taught in a manner that leads to an
780	investigation of human behavior, an understanding of the
781	ramifications of prejudice, racism, and stereotyping, and an
782	examination of what it means to be a responsible and respectful
783	person, for the purposes of encouraging tolerance of diversity
784	in a pluralistic society and for nurturing and protecting
785	democratic values and institutions.
786	(i)(g)  The history of African Americans, including the
787	history of African peoples before the political conflicts that
788	led to the development of slavery, the passage to America, the
789	enslavement experience, abolition, and the contributions of
790	African Americans to society.
791	(j)(h)  The elementary principles of agriculture.
792	(k)(i)  The true effects of all alcoholic and intoxicating
793	liquors and beverages and narcotics upon the human body and
794	mind.
795	(l)(j)  Kindness to animals.
796	(k)  The history of the state.
797	(m)(l)  The conservation of natural resources.
798	(n)(m)  Comprehensive health education that addresses
799	concepts of community health; consumer health; environmental
800	health; family life, including an awareness of the benefits of
801	sexual abstinence as the expected standard and the consequences
802	of teenage pregnancy; mental and emotional health; injury
803	prevention and safety; nutrition; personal health; prevention
804	and control of disease; and substance use and abuse.
805	(o)(n)  Such additional materials, subjects, courses, or
806	fields in such grades as are prescribed by law or by rules of
807	the State Board of Education and the district school board in
808	fulfilling the requirements of law.
809	(p)(o)  The study of Hispanic contributions to the United
810	States.
811	(q)(p)  The study of women's contributions to the United
812	States.
813	(r)  The nature and importance of free enterprise to the
814	United States economy.
815	(s)(q)  A character-development program in the elementary
816	schools, similar to Character First or Character Counts, which
817	is secular in nature and stresses such character qualities as
818	attentiveness, patience, and initiative. Beginning in school
819	year 2004-2005, the character-development program shall be
820	required in kindergarten through grade 12. Each district school
821	board shall develop or adopt a curriculum for the character-
822	development program that shall be submitted to the department
823	for approval. The character-development curriculum shall stress
824	the qualities of patriotism;, responsibility;, citizenship; the
825	Golden Rule;, kindness;, respect for authority, human life,
826	liberty, and personal property;, honesty; charity;, self-
827	control;, racial, ethnic, and religious tolerance;, and
828	cooperation.
829	(t)(r)  In order to encourage patriotism, the sacrifices
830	that veterans have made in serving our country and protecting
831	democratic values worldwide. Such instruction must occur on or
832	before Veterans' Day and Memorial Day. Members of the
833	instructional staff are encouraged to use the assistance of
834	local veterans when practicable.
835	Section 18.  Paragraph (g) of subsection (1) of section
836	1003.43, Florida Statutes, is amended to read:
837	1003.43  General requirements for high school graduation.--
838	(1)  Graduation requires successful completion of either a
839	minimum of 24 academic credits in grades 9 through 12 or an
840	International Baccalaureate curriculum. The 24 credits shall be
841	distributed as follows:
842	(g)  One-half credit in American government, including
843	study of the Declaration of Independence and the Constitution of
844	the United States. For students entering the 9th grade in the
845	1997-1998 school year and thereafter, the study of Florida
846	government, including study of the State Constitution, the three
847	branches of state government, and municipal and county
848	government, shall be included as part of the required study of
849	American government.
850
851	District school boards may award a maximum of one-half credit in
852	social studies and one-half elective credit for student
853	completion of nonpaid voluntary community or school service
854	work. Students choosing this option must complete a minimum of
855	75 hours of service in order to earn the one-half credit in
856	either category of instruction. Credit may not be earned for
857	service provided as a result of court action. District school
858	boards that approve the award of credit for student volunteer
859	service shall develop guidelines regarding the award of the
860	credit, and school principals are responsible for approving
861	specific volunteer activities. A course designated in the Course
862	Code Directory as grade 9 through grade 12 that is taken below
863	the 9th grade may be used to satisfy high school graduation
864	requirements or Florida Academic Scholars award requirements as
865	specified in a district school board's student progression plan.
866	A student shall be granted credit toward meeting the
867	requirements of this subsection for equivalent courses, as
868	identified pursuant to s. 1007.271(6), taken through dual
869	enrollment.
870	Section 19.  Section 1003.57, Florida Statutes, is amended
871	to read:
872	1003.57  Exceptional students instruction.--
873	(1)  Each district school board shall provide for an
874	appropriate program of special instruction, facilities, and
875	services for exceptional students as prescribed by the State
876	Board of Education as acceptable, including provisions that:
877	(a)(1)  The district school board provide the necessary
878	professional services for diagnosis and evaluation of
879	exceptional students.
880	(b)(2)  The district school board provide the special
881	instruction, classes, and services, either within the district
882	school system, in cooperation with other district school
883	systems, or through contractual arrangements with approved
884	private schools or community facilities that meet standards
885	established by the commissioner.
886	(c)(3)  The district school board annually provide
887	information describing the Florida School for the Deaf and the
888	Blind and all other programs and methods of instruction
889	available to the parent of a sensory-impaired student.
890	(d)(4)  The district school board, once every 3 years,
891	submit to the department its proposed procedures for the
892	provision of special instruction and services for exceptional
893	students.
894	(e)(5)  No student be given special instruction or services
895	as an exceptional student until after he or she has been
896	properly evaluated, classified, and placed in the manner
897	prescribed by rules of the State Board of Education. The parent
898	of an exceptional student evaluated and placed or denied
899	placement in a program of special education shall be notified of
900	each such evaluation and placement or denial. Such notice shall
901	contain a statement informing the parent that he or she is
902	entitled to a due process hearing on the identification,
903	evaluation, and placement, or lack thereof. Such hearings shall
904	be exempt from the provisions of ss. 120.569, 120.57, and
905	286.011, except to the extent that the State Board of Education
906	adopts rules establishing other procedures and any records
907	created as a result of such hearings shall be confidential and
908	exempt from the provisions of s. 119.07(1). The hearing must be
909	conducted by an administrative law judge from the Division of
910	Administrative Hearings of the Department of Management
911	Services. The decision of the administrative law judge shall be
912	final, except that any party aggrieved by the finding and
913	decision rendered by the administrative law judge shall have the
914	right to bring a civil action in the circuit court. In such an
915	action, the court shall receive the records of the
916	administrative hearing and shall hear additional evidence at the
917	request of either party. In the alternative, any party aggrieved
918	by the finding and decision rendered by the administrative law
919	judge shall have the right to request an impartial review of the
920	administrative law judge's order by the district court of appeal
921	as provided by s. 120.68. Notwithstanding any law to the
922	contrary, during the pendency of any proceeding conducted
923	pursuant to this section, unless the district school board and
924	the parents otherwise agree, the student shall remain in his or
925	her then-current educational assignment or, if applying for
926	initial admission to a public school, shall be assigned, with
927	the consent of the parents, in the public school program until
928	all such proceedings have been completed.
929	(f)(6)  In providing for the education of exceptional
930	students, the district school superintendent, principals, and
931	teachers shall utilize the regular school facilities and adapt
932	them to the needs of exceptional students to the maximum extent
933	appropriate. Segregation of exceptional students shall occur
934	only if the nature or severity of the exceptionality is such
935	that education in regular classes with the use of supplementary
936	aids and services cannot be achieved satisfactorily.
937	(g)(7)  In addition to the services agreed to in a
938	student's individual education plan, the district school
939	superintendent shall fully inform the parent of a student having
940	a physical or developmental disability of all available services
941	that are appropriate for the student's disability. The
942	superintendent shall provide the student's parent with a summary
943	of the student's rights.
944	(2)(a)  An exceptional student with a disability who
945	resides in a residential facility and receives special
946	instruction or services is considered a resident of the state in
947	which the parent is a resident. The cost of such instruction,
948	facilities, and services for a nonresident exceptional student
949	with a disability shall be provided by the placing authority,
950	such as a public school entity, other placing authority, or
951	parent, in the parent's state of residence. A nonresident
952	exceptional student with a disability who resides in a
953	residential facility may not be reported by any school district
954	for FTE funding in the Florida Education Finance Program.
955	(b)  The Department of Education shall provide to each
956	school district a statement of the specific limitations of the
957	district's financial obligation for exceptional students with
958	disabilities under federal and state law. The department shall
959	also provide to each school district technical assistance as
960	necessary for developing a local plan to impose on a parent's
961	state of residence the fiscal responsibility for educating a
962	nonresident exceptional student with a disability.
963	(c)  The Department of Education shall develop a process by
964	which a school district must, before providing services to an
965	exceptional student with a disability who resides in a
966	residential facility in this state, review the residency of the
967	student. The residential facility, not the district, is
968	responsible for billing and collecting from the parent's state
969	of residence for the nonresident student's educational and
970	related services.
971	(d)  This subsection applies to any nonresident exceptional
972	student with a disability who resides in a residential facility
973	and who receives instruction as an exceptional student with a
974	disability in any type of residential facility in this state,
975	including, but not limited to, a private school, a group home
976	facility as defined in s. 393.063, an intensive residential
977	treatment program for children and adolescents as defined in s.
978	395.002, a facility as defined in s. 394.455, an intermediate
979	care facility for the developmentally disabled or ICF/DD as
980	defined in s. 393.063 or s. 400.960, or a community residential
981	home as defined in s. 419.001.
982	(3)  Notwithstanding s. 1000.21(5), for purposes of this
983	section, the term "parent" is defined as either or both parents
984	of a student or any guardian of a student.
985	(4)  The State Board of Education may adopt rules pursuant
986	to ss. 120.536(1) and 120.54 to implement the provisions of this
987	section relating to determination of the residency of an
988	exceptional student with a disability.
989	Section 20.  Section 1003.575, Florida Statutes, is created
990	to read:
991	1003.575  Individual education plans for exceptional
992	students.--The Department of Education shall coordinate the
993	development of an individual education plan (IEP) form for use
994	in developing and implementing individual education plans for
995	exceptional students. The IEP form shall have a streamlined
996	format and shall be compatible with federal standards. The
997	department shall make the IEP form available to each school
998	district in the state to facilitate the use of an existing IEP
999	when a student transfers from one school district to another.
1000	Section 21.  Subsection (3) of section 1003.58, Florida
1001	Statutes, is amended to read:
1002	1003.58  Students in residential care facilities.--Each
1003	district school board shall provide educational programs
1004	according to rules of the State Board of Education to students
1005	who reside in residential care facilities operated by the
1006	Department of Children and Family Services.
1007	(3)  The district school board shall have full and complete
1008	authority in the matter of the assignment and placement of such
1009	students in educational programs. The parent of an exceptional
1010	student shall have the same due process rights as are provided
1011	under s. 1003.57(1)(e)(5).
1012
1013	Notwithstanding the provisions herein, the educational program
1014	at the Marianna Sunland Center in Jackson County shall be
1015	operated by the Department of Education, either directly or
1016	through grants or contractual agreements with other public or
1017	duly accredited educational agencies approved by the Department
1018	of Education.
1019	Section 22.  Paragraph (a) of subsection (1) and paragraph
1020	(a) of subsection (2) of section 1003.62, Florida Statutes, are
1021	amended to read:
1022	1003.62  Academic performance-based charter school
1023	districts.--The State Board of Education may enter into a
1024	performance contract with district school boards as authorized
1025	in this section for the purpose of establishing them as academic
1026	performance-based charter school districts. The purpose of this
1027	section is to examine a new relationship between the State Board
1028	of Education and district school boards that will produce
1029	significant improvements in student achievement, while complying
1030	with constitutional and statutory requirements assigned to each
1031	entity.
1032	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1033	(a)  A school district shall be eligible for designation as
1034	an academic performance-based charter school district if it is a
1035	high-performing school district in which a minimum of 50 percent
1036	of the schools earn a performance grade of category "A" or "B"
1037	and in which no school earns a performance grade of category "D"
1038	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1039	that receive a performance grade of category "I" or "N" shall
1040	not be included in this calculation. The performance contract
1041	for a school district that earns a charter based on school
1042	performance grades shall be predicated on maintenance of at
1043	least 50 percent of the schools in the school district earning a
1044	performance grade of category "A" or "B" with no school in the
1045	school district earning a performance grade of category "D" or
1046	"F" for 2 consecutive years. A school district in which the
1047	number of schools that earn a performance grade of "A" or "B" is
1048	less than 50 percent may have its charter renewed for 1 year;
1049	however, if the percentage of "A" or "B" schools is less than 50
1050	percent for 2 consecutive years, the charter shall not be
1051	renewed.
1052	(2)  EXEMPTION FROM STATUTES AND RULES.--
1053	(a)  An academic performance-based charter school district
1054	shall operate in accordance with its charter and shall be exempt
1055	from certain State Board of Education rules and statutes if the
1056	State Board of Education determines such an exemption will
1057	assist the district in maintaining or improving its high-
1058	performing status pursuant to paragraph (1)(a). However, the
1059	State Board of Education may not exempt an academic performance-
1060	based charter school district from any of the following
1061	statutes:
1062	1.  Those statutes pertaining to the provision of services
1063	to students with disabilities.
1064	2.  Those statutes pertaining to civil rights, including s.
1065	1000.05, relating to discrimination.
1066	3.  Those statutes pertaining to student health, safety,
1067	and welfare.
1068	4.  Those statutes governing the election or compensation
1069	of district school board members.
1070	5.  Those statutes pertaining to the student assessment
1071	program and the school grading system, including chapter 1008.
1072	6.  Those statutes pertaining to financial matters,
1073	including chapter 1010.
1074	7.  Those statutes pertaining to planning and budgeting,
1075	including chapter 1011, except that ss. 1011.64 and 1011.69
1076	shall be eligible for exemption.
1077	8.  Sections 1012.22(1)(c), 1012.2312, and 1012.27(2),
1078	relating to performance-pay and differentiated-pay policies for
1079	school administrators and instructional personnel. Professional
1080	service contracts shall be subject to the provisions of ss.
1081	1012.33 and 1012.34.
1082	9.  Those statutes pertaining to educational facilities,
1083	including chapter 1013, except as specified under contract with
1084	the State Board of Education. However, no contractual provision
1085	that could have the effect of requiring the appropriation of
1086	additional capital outlay funds to the academic performance-
1087	based charter school district shall be valid.
1088	Section 23.  Paragraph (e) of subsection (2) of section
1089	1005.22, Florida Statutes, is amended to read:
1090	1005.22  Powers and duties of commission.--
1091	(2)  The commission may:
1092	(e)  Advise the Governor, the Legislature, the State Board
1093	of Education, the Council for Education Policy Research and
1094	Improvement, and the Commissioner of Education on issues
1095	relating to private postsecondary education.
1096	Section 24.  Subsection (3) of section 1007.33, Florida
1097	Statutes, is amended to read:
1098	1007.33  Site-determined baccalaureate degree access.--
1099	(3)  A community college may develop a proposal to deliver
1100	specified baccalaureate degree programs in its district to meet
1101	local workforce needs. The proposal must be submitted to the
1102	State Board of Education for approval. The community college's
1103	proposal must include the following information:
1104	(a)  Demand for the baccalaureate degree program is
1105	identified by the workforce development board, local businesses
1106	and industry, local chambers of commerce, and potential
1107	students.
1108	(b)  Unmet need for graduates of the proposed degree
1109	program is substantiated.
1110	(c)  The community college has the facilities and academic
1111	resources to deliver the program.
1112
1113	The proposal must be submitted to the Council for Education
1114	Policy Research and Improvement for review and comment. Upon
1115	approval of the State Board of Education for the specific degree
1116	program or programs, the community college shall pursue regional
1117	accreditation by the Commission on Colleges of the Southern
1118	Association of Colleges and Schools. Any additional
1119	baccalaureate degree programs the community college wishes to
1120	offer must be approved by the State Board of Education.
1121	Section 25.  Paragraph (f) of subsection (1), paragraphs
1122	(c) and (e) of subsection (3), and subsection (9) of section
1123	1008.22, Florida Statutes, are amended, subsection (10) is
1124	renumbered as subsection (11), and a new subsection (10) is
1125	added to said section, to read:
1126	1008.22  Student assessment program for public schools.--
1127	(1)  PURPOSE.--The primary purposes of the student
1128	assessment program are to provide information needed to improve
1129	the public schools by enhancing the learning gains of all
1130	students and to inform parents of the educational progress of
1131	their public school children. The program must be designed to:
1132	(f)  Provide information on the performance of Florida
1133	students compared with other students others across the United
1134	States.
1135	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1136	design and implement a statewide program of educational
1137	assessment that provides information for the improvement of the
1138	operation and management of the public schools, including
1139	schools operating for the purpose of providing educational
1140	services to youth in Department of Juvenile Justice programs.
1141	The commissioner may enter into contracts for the continued
1142	administration of the assessment, testing, and evaluation
1143	programs authorized and funded by the Legislature. Contracts may
1144	be initiated in 1 fiscal year and continue into the next and may
1145	be paid from the appropriations of either or both fiscal years.
1146	The commissioner is authorized to negotiate for the sale or
1147	lease of tests, scoring protocols, test scoring services, and
1148	related materials developed pursuant to law. Pursuant to the
1149	statewide assessment program, the commissioner shall:
1150	(c)  Develop and implement a student achievement testing
1151	program known as the Florida Comprehensive Assessment Test
1152	(FCAT) as part of the statewide assessment program, to be
1153	administered annually in grades 3 through 10 to measure reading,
1154	writing, science, and mathematics. Other content areas may be
1155	included as directed by the commissioner. The assessment of
1156	reading and mathematics shall be administered annually in grades
1157	3 through 10. The assessment of writing and science shall be
1158	administered at least once at the elementary, middle, and high
1159	school levels. The testing program must be designed so that:
1160	1.  The tests measure student skills and competencies
1161	adopted by the State Board of Education as specified in
1162	paragraph (a). The tests must measure and report student
1163	proficiency levels in reading, writing, mathematics, and
1164	science. The commissioner shall provide for the tests to be
1165	developed or obtained, as appropriate, through contracts and
1166	project agreements with private vendors, public vendors, public
1167	agencies, postsecondary educational institutions, or school
1168	districts. The commissioner shall obtain input with respect to
1169	the design and implementation of the testing program from state
1170	educators and the public.
1171	2.  The testing program will include a combination of norm-
1172	referenced and criterion-referenced tests and include, to the
1173	extent determined by the commissioner, questions that require
1174	the student to produce information or perform tasks in such a
1175	way that the skills and competencies he or she uses can be
1176	measured.
1177	3.  Each testing program, whether at the elementary,
1178	middle, or high school level, includes a test of writing in
1179	which students are required to produce writings that are then
1180	scored by appropriate methods.
1181	4.  A score is designated for each subject area tested,
1182	below which score a student's performance is deemed inadequate.
1183	The school districts shall provide appropriate remedial
1184	instruction to students who score below these levels.
1185	5.  Except as provided in s. 1003.43(11)(b), students must
1186	earn a passing score on the grade 10 assessment test described
1187	in this paragraph or on an alternate assessment as described in
1188	subsection (9) in reading, writing, and mathematics to qualify
1189	for a regular high school diploma. The State Board of Education
1190	shall designate a passing score for each part of the grade 10
1191	assessment test. In establishing passing scores, the state board
1192	shall consider any possible negative impact of the test on
1193	minority students. All students who took the grade 10 FCAT
1194	during the 2000-2001 school year shall be required to earn the
1195	passing scores in reading and mathematics established by the
1196	State Board of Education for the March 2001 test administration.
1197	Such students who did not earn the established passing scores
1198	and must repeat the grade 10 FCAT are required to earn the
1199	passing scores established for the March 2001 test
1200	administration. All students who take the grade 10 FCAT for the
1201	first time in March 2002 shall be required to earn the passing
1202	scores in reading and mathematics established by the State Board
1203	of Education for the March 2002 test administration. The State
1204	Board of Education shall adopt rules which specify the passing
1205	scores for the grade 10 FCAT. Any such rules, which have the
1206	effect of raising the required passing scores, shall only apply
1207	to students taking the grade 10 FCAT for the first time after
1208	such rules are adopted by the State Board of Education.
1209	6.  Participation in the testing program is mandatory for
1210	all students attending public school, including students served
1211	in Department of Juvenile Justice programs, except as otherwise
1212	prescribed by the commissioner. If a student does not
1213	participate in the statewide assessment, the district must
1214	notify the student's parent and provide the parent with
1215	information regarding the implications of such nonparticipation.
1216	If modifications are made in the student's instruction to
1217	provide accommodations that would not be permitted on the
1218	statewide assessment tests, the district must notify the
1219	student's parent of the implications of such instructional
1220	modifications. A parent must provide signed consent for a
1221	student to receive instructional modifications that would not be
1222	permitted on the statewide assessments and must acknowledge in
1223	writing that he or she understands the implications of such
1224	accommodations. The State Board of Education shall adopt rules,
1225	based upon recommendations of the commissioner, for the
1226	provision of test accommodations and modifications of procedures
1227	as necessary for students in exceptional education programs and
1228	for students who have limited English proficiency.
1229	Accommodations that negate the validity of a statewide
1230	assessment are not allowable.
1231	7.  A student seeking an adult high school diploma must
1232	meet the same testing requirements that a regular high school
1233	student must meet.
1234	8.  District school boards must provide instruction to
1235	prepare students to demonstrate proficiency in the skills and
1236	competencies necessary for successful grade-to-grade progression
1237	and high school graduation. If a student is provided with
1238	accommodations or modifications that are not allowable in the
1239	statewide assessment program, as described in the test manuals,
1240	the district must inform the parent in writing and must provide
1241	the parent with information regarding the impact on the
1242	student's ability to meet expected proficiency levels in
1243	reading, writing, and math. The commissioner shall conduct
1244	studies as necessary to verify that the required skills and
1245	competencies are part of the district instructional programs.
1246	9.  The Department of Education must develop, or select,
1247	and implement a common battery of assessment tools that will be
1248	used in all juvenile justice programs in the state. These tools
1249	must accurately measure the skills and competencies established
1250	in the Florida Sunshine State Standards.
1251
1252	The commissioner may design and implement student testing
1253	programs, for any grade level and subject area, necessary to
1254	effectively monitor educational achievement in the state.
1255	(e)  Conduct ongoing research and analysis of student
1256	achievement data, including, without limitation, monitoring
1257	trends in student achievement by grade level and overall student
1258	achievement, identifying school programs that are successful,
1259	and analyzing correlates of school achievement.
1260	(9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
1261	(a)  The State Board of Education shall conduct concordance
1262	studies, as necessary, to determine scores on the SAT and the
1263	ACT equivalent to those required on the FCAT for high school
1264	graduation pursuant to s. 1003.429(6)(a) or s. 1003.43(5)(a).
1265	(b)(a)  The Commissioner of Education shall approve the use
1266	of the SAT and ACT tests as alternative assessments to the grade
1267	10 FCAT for the 2003-2004 school year. Students who attain
1268	scores on the SAT or ACT which equate to the passing scores on
1269	the grade 10 FCAT for purposes of high school graduation shall
1270	satisfy the assessment requirement for a standard high school
1271	diploma as provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for
1272	the 2003-2004 school year if the students meet the requirement
1273	in paragraph (c)(b).
1274	(c)(b)  A student shall be required to take each subject
1275	area of the grade 10 FCAT a total of three times without earning
1276	a passing score in order to use the corresponding subject area
1277	scores on an alternative assessment pursuant to paragraph
1278	(b)(a). This requirement shall not apply to a new student who
1279	enters is a new student to the Florida public school system in
1280	grade 12, who may either take the FCAT or use approved score
1281	equivalencies to fulfill the graduation requirement.
1282	(10)  REPORTS.--The Department of Education shall annually
1283	provide a report to the Governor, the President of the Senate,
1284	and the Speaker of the House of Representatives on the
1285	following:
1286	(a)  Longitudinal performance of students in mathematics
1287	and reading.
1288	(b)  Longitudinal performance of students by grade level in
1289	mathematics and reading.
1290	(c)  Longitudinal performance regarding efforts to close
1291	the achievement gap.
1292	(d)  Longitudinal performance of students on the norm-
1293	referenced component of the FCAT.
1294	(e)  Other student performance data based on national norm-
1295	referenced and criterion-referenced tests, when available, and
1296	numbers of students who after 8th grade enroll in adult
1297	education rather than other secondary education.
1298	Section 26.  Paragraph (b) of subsection (4) and paragraph
1299	(b) of subsection (8) of section 1008.25, Florida Statutes, are
1300	amended, and paragraph (c) is added to subsection (8) of said
1301	section, to read:
1302	1008.25  Public school student progression; remedial
1303	instruction; reporting requirements.--
1304	(4)  ASSESSMENT AND REMEDIATION.--
1305	(b)  The school in which the student is enrolled must
1306	develop, in consultation with the student's parent, and must
1307	implement an academic improvement plan designed to assist the
1308	student in meeting state and district expectations for
1309	proficiency. For a student for whom a personalized middle school
1310	success plan is required pursuant to s. 1003.415, the middle
1311	school success plan must be incorporated in the student's
1312	academic improvement plan. Beginning with the 2002-2003 school
1313	year, if the student has been identified as having a deficiency
1314	in reading, the academic improvement plan shall identify the
1315	student's specific areas of deficiency in phonemic awareness,
1316	phonics, fluency, comprehension, and vocabulary; the desired
1317	levels of performance in these areas; and the instructional and
1318	support services to be provided to meet the desired levels of
1319	performance. Schools shall also provide for the frequent
1320	monitoring of the student's progress in meeting the desired
1321	levels of performance. District school boards may require low-
1322	performing students to attend remediation programs held before
1323	or after regular school hours, upon the request of the school
1324	principal, and shall assist schools and teachers to implement
1325	research-based reading activities that have been shown to be
1326	successful in teaching reading to low-performing students.
1327	Remedial instruction provided during high school may not be in
1328	lieu of English and mathematics credits required for graduation.
1329	(8)  ANNUAL REPORT.--
1330	(b)  Beginning with the 2001-2002 school year, Each
1331	district school board must annually publish in the local
1332	newspaper, and report in writing to the State Board of Education
1333	by September 1 of each year, the following information on the
1334	prior school year:
1335	1.  The provisions of this section relating to public
1336	school student progression and the district school board's
1337	policies and procedures on student retention and promotion.
1338	2.  By grade, the number and percentage of all students in
1339	grades 3 through 10 performing at Levels 1 and 2 on the reading
1340	portion of the FCAT.
1341	3.  By grade, the number and percentage of all students
1342	retained in grades 3 through 10.
1343	4.  Information on the total number of students who were
1344	promoted for good cause, by each category of good cause as
1345	specified in paragraph (6)(b).
1346	5.  Any revisions to the district school board's policy on
1347	student retention and promotion from the prior year.
1348	(c)  The Department of Education shall establish a uniform
1349	format for school districts to report the information required
1350	in paragraph (b). The format shall be developed with input from
1351	school districts and shall be provided not later than 60 days
1352	prior to the annual due date. The department shall annually
1353	compile the information required in subparagraphs (b)2., 3., and
1354	4., along with state-level summary information, and report such
1355	information to the Governor, the President of the Senate, and
1356	the Speaker of the House of Representatives.
1357	Section 27.  Section 1008.301, Florida Statutes, is
1358	repealed.
1359	Section 28.  Section 1008.31, Florida Statutes, is amended
1360	to read:
1361	1008.31  Florida's K-20 education performance
1362	accountability system; legislative intent; public accountability
1363	and reporting performance-based funding; mission, goals, and
1364	systemwide measures.--
1365	(1)  LEGISLATIVE INTENT.--It is the intent of the
1366	Legislature that:
1367	(a)  The performance accountability system implemented to
1368	assess the effectiveness of Florida's seamless K-20 education
1369	delivery system provide answers to the following questions in
1370	relation to its mission and goals:
1371	1.  What is the public receiving in return for funds it
1372	invests in education?
1373	2.  How effectively is Florida's K-20 education system
1374	educating its students?
1375	3.  How effectively are the major delivery sectors
1376	promoting student achievement?
1377	4.  How are individual schools and postsecondary education
1378	institutions performing their responsibility to educate their
1379	students as measured by how students are performing and how much
1380	they are learning?
1381	(b)  The K-20 education performance accountability system
1382	be established as a single, unified accountability system with
1383	multiple components, including, but not limited to, measures of
1384	adequate yearly progress, individual student learning gains in
1385	public schools, school grades, and return on investment.
1386	(c)  The K-20 education performance accountability system
1387	comply with the accountability requirements of the "No Child
1388	Left Behind Act of 2001," Pub. L. No. 107-110.
1389	(d)  The State Board of Education recommend to the
1390	Legislature systemwide performance standards; the Legislature
1391	establish systemwide performance measures and standards; and the
1392	systemwide measures and standards provide Floridians with
1393	information on what the public is receiving in return for the
1394	funds it invests in education and how well the K-20 system
1395	educates its students.
1396	(e)  The State Board of Education establish performance
1397	measures and set performance standards for individual components
1398	of the public education system, including individual schools and
1399	postsecondary educational institutions, with measures and
1400	standards based primarily on student achievement.
1401	(2)  PERFORMANCE-BASED FUNDING.--
1402	(a)  The State Board of Education shall cooperate with each
1403	delivery system to develop proposals for performance-based
1404	funding, using performance measures adopted pursuant to this
1405	section.
1406	(b)  The State Board of Education proposals must provide
1407	that at least 10 percent of the state funds appropriated for the
1408	K-20 education system are conditional upon meeting or exceeding
1409	established performance standards.
1410	(c)  The State Board of Education shall adopt guidelines
1411	required to implement performance-based funding that allow 1
1412	year to demonstrate achievement of specified performance
1413	standards prior to a reduction in appropriations pursuant to
1414	this section.
1415	(d)  By December 1, 2003, the State Board of Education
1416	shall adopt common definitions, measures, standards, and
1417	performance improvement targets required to:
1418	1.  Use the state core measures and the sector-specific
1419	measures to evaluate the progress of each sector of the
1420	educational delivery system toward meeting the systemwide goals
1421	for public education.
1422	2.  Notify the sectors of their progress in achieving the
1423	specified measures so that they may develop improvement plans
1424	that directly influence decisions about policy, program
1425	development, and management.
1426	3.  Implement the performance-based budgeting system
1427	described in this section.
1428	(e)  During the 2003-2004 fiscal year, the Department of
1429	Education shall collect data required to establish progress,
1430	rewards, and sanctions.
1431	(f)  By December 1, 2004, the Department of Education shall
1432	recommend to the Legislature a formula for performance-based
1433	funding that applies accountability standards for the individual
1434	components of the public education system at every level,
1435	kindergarten through graduate school. Effective for the 2004-
1436	2005 fiscal year and thereafter, subject to annual legislative
1437	approval in the General Appropriations Act, performance-based
1438	funds shall be allocated based on the progress, rewards, and
1439	sanctions established pursuant to this section.
1440	(2)(3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
1441	(a)  The mission of Florida's K-20 education system shall
1442	be to increase the proficiency of all students within one
1443	seamless, efficient system, by allowing them the opportunity to
1444	expand their knowledge and skills through learning opportunities
1445	and research valued by students, parents, and communities.
1446	(b)  The process State Board of Education shall adopt
1447	guiding principles for establishing state and sector-specific
1448	standards and measures must be:
1449	1.  Focused on student success.
1450	2.  Addressable through policy and program changes.
1451	3.  Efficient and of high quality.
1452	4.  Measurable over time.
1453	5.  Simple to explain and display to the public.
1454	6.  Aligned with other measures and other sectors to
1455	support a coordinated K-20 education system.
1456	(c)  The Department State Board of Education shall maintain
1457	an accountability system that measures student progress toward
1458	the following goals:
1459	1.  Highest student achievement, as indicated by evidence
1460	of student learning gains at all levels measured by: student
1461	FCAT performance and annual learning gains; the number and
1462	percentage of schools that improve at least one school
1463	performance grade designation or maintain a school performance
1464	grade designation of "A" pursuant to s. 1008.34; graduation or
1465	completion rates at all learning levels; and other measures
1466	identified in law or rule.
1467	2.  Seamless articulation and maximum access, as measured
1468	by evidence of progression, readiness, and access by targeted
1469	groups of students identified by the Commissioner of Education:
1470	the percentage of students who demonstrate readiness for the
1471	educational level they are entering, from kindergarten through
1472	postsecondary education and into the workforce; the number and
1473	percentage of students needing remediation; the percentage of
1474	Floridians who complete associate, baccalaureate, graduate,
1475	professional, and postgraduate degrees; the number and
1476	percentage of credits that articulate; the extent to which each
1477	set of exit-point requirements matches the next set of entrance-
1478	point requirements; the degree to which underserved populations
1479	access educational opportunity; the extent to which access is
1480	provided through innovative educational delivery strategies; and
1481	other measures identified in law or rule.
1482	3.  Skilled workforce and economic development, as measured
1483	by evidence of employment and earnings: the number and
1484	percentage of graduates employed in their areas of preparation;
1485	the percentage of Floridians with high school diplomas and
1486	postsecondary education credentials; the percentage of business
1487	and community members who find that Florida's graduates possess
1488	the skills they need; national rankings; and other measures
1489	identified in law or rule.
1490	4.  Quality efficient services, as measured by evidence of
1491	return on investment: cost per completer or graduate; average
1492	cost per noncompleter at each educational level; cost disparity
1493	across institutions offering the same degrees; the percentage of
1494	education customers at each educational level who are satisfied
1495	with the education provided; and other measures identified in
1496	law or rule.
1497	5.  Other goals as identified by law or rule.
1498	(3)(4)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
1499	DATA COLLECTION.--To provide data required to implement
1500	education performance accountability measures in state and
1501	federal law, the Commissioner of Education shall initiate and
1502	maintain strategies to improve data quality and timeliness.
1503	(a)  School districts and public postsecondary educational
1504	institutions shall maintain information systems that will
1505	provide the State Board of Education, the Board of Governors,
1506	and the Legislature with information and reports necessary to
1507	address the specifications of the accountability system. The
1508	State Board of Education shall determine the standards for the
1509	required data. The level of comprehensiveness and quality shall
1510	be no less than that which was available as of June 30, 2001.
1511	(b)  The Commissioner of Education shall determine the
1512	standards for the required data, monitor data quality, and
1513	measure improvements. The commissioner shall report annually to
1514	the State Board of Education, the Board of Governors, the
1515	President of the Senate, and the Speaker of the House of
1516	Representatives data quality indicators and ratings for all
1517	school districts and public postsecondary educational
1518	institutions.
1519	(4)  REPORTING OR DATA COLLECTION.--The department shall
1520	coordinate with school districts in developing any reporting or
1521	data collection requirements to address the specifications of
1522	the accountability system. Before establishing any new reporting
1523	or data collection requirements, the department shall utilize
1524	any existing data being collected to reduce duplication and
1525	minimize paperwork.
1526	(5)  RULES.--The State Board of Education shall adopt rules
1527	pursuant to ss. 120.536(1) and 120.54 to implement the
1528	provisions of this section.
1529	Section 29.  Subsections (1), (2), and (4) of section
1530	1008.33, Florida Statutes, are amended to read:
1531	1008.33  Authority to enforce public school
1532	improvement.--It is the intent of the Legislature that all
1533	public schools be held accountable for students performing at
1534	acceptable levels. A system of school improvement and
1535	accountability that assesses student performance by school,
1536	identifies schools in which students are not making adequate
1537	progress toward state standards, institutes appropriate measures
1538	for enforcing improvement, and provides rewards and sanctions
1539	based on performance shall be the responsibility of the State
1540	Board of Education.
1541	(1)  Pursuant to Art. IX of the State Constitution
1542	prescribing the duty of the State Board of Education to
1543	supervise Florida's public school system and notwithstanding any
1544	other statutory provisions to the contrary, the State Board of
1545	Education shall intervene in the operation of a district school
1546	system when one or more schools in the school district have
1547	failed to make adequate progress for 2 school years in a 4-year
1548	period. For purposes of determining when a school is eligible
1549	for state board action and opportunity scholarships for its
1550	students, the terms "2 years in any 4-year period" and "2 years
1551	in a 4-year period" mean that in any year that a school has a
1552	grade of "F," the school is eligible for state board action and
1553	opportunity scholarships for its students if it also has had a
1554	grade of "F" in any of the previous 3 school years. The State
1555	Board of Education may determine that the school district or
1556	school has not taken steps sufficient for students in the school
1557	to be academically well served. Considering recommendations of
1558	the Commissioner of Education, the State Board of Education
1559	shall recommend action to a district school board intended to
1560	improve educational services to students in each school that is
1561	designated with a as performance grade of category "F."
1562	Recommendations for actions to be taken in the school district
1563	shall be made only after thorough consideration of the unique
1564	characteristics of a school, which shall include student
1565	mobility rates, the number and type of exceptional students
1566	enrolled in the school, and the availability of options for
1567	improved educational services. The state board shall adopt by
1568	rule steps to follow in this process. Such steps shall provide
1569	school districts sufficient time to improve student performance
1570	in schools and the opportunity to present evidence of assistance
1571	and interventions that the district school board has
1572	implemented.
1573	(2)  The State Board of Education may recommend one or more
1574	of the following actions to district school boards to enable
1575	students in schools designated with a as performance grade of
1576	category "F" to be academically well served by the public school
1577	system:
1578	(a)  Provide additional resources, change certain
1579	practices, and provide additional assistance if the state board
1580	determines the causes of inadequate progress to be related to
1581	school district policy or practice;
1582	(b)  Implement a plan that satisfactorily resolves the
1583	education equity problems in the school;
1584	(c)  Contract for the educational services of the school,
1585	or reorganize the school at the end of the school year under a
1586	new school principal who is authorized to hire new staff and
1587	implement a plan that addresses the causes of inadequate
1588	progress;
1589	(d)  Transfer high-quality teachers, faculty, and staff as
1590	needed to ensure adequate educational opportunities designed to
1591	improve the performance of students in a low-performing school;
1592	(e)(d)  Allow parents of students in the school to send
1593	their children to another district school of their choice; or
1594	(f)(e)  Other action appropriate to improve the school's
1595	performance.
1596	(4)  The State Board of Education may require the
1597	Department of Education or Chief Financial Officer to withhold
1598	any transfer of state funds to the school district if, within
1599	the timeframe specified in state board action, the school
1600	district has failed to comply with the action ordered to improve
1601	the district's low-performing schools. Withholding the transfer
1602	of funds shall occur only after all other recommended actions
1603	for school improvement have failed to improve performance. The
1604	State Board of Education may impose the same penalty on any
1605	district school board that fails to develop and implement a plan
1606	for assistance and intervention for low-performing schools as
1607	specified in s. 1001.42(16)(d)(c).
1608	Section 30.  Section 1008.34, Florida Statutes, is amended
1609	to read:
1610	1008.34  School grading system; school report cards;
1611	district performance grade.--
1612	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
1613	prepare annual reports of the results of the statewide
1614	assessment program which describe student achievement in the
1615	state, each district, and each school. The commissioner shall
1616	prescribe the design and content of these reports, which must
1617	include, without limitation, descriptions of the performance of
1618	all schools participating in the assessment program and all of
1619	their major student populations as determined by the
1620	Commissioner of Education, and must also include the median
1621	scores of all eligible students who scored at or in the lowest
1622	25th percentile of the state in the previous school year;
1623	provided, however, that the provisions of s. 1002.22 pertaining
1624	to student records apply to this section.
1625	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
1626	annual report shall identify schools as having one of the
1627	following grades being in one of the following grade categories
1628	defined according to rules of the State Board of Education:
1629	(a)  "A," schools making excellent progress.
1630	(b)  "B," schools making above average progress.
1631	(c)  "C," schools making satisfactory progress.
1632	(d)  "D," schools making less than satisfactory progress.
1633	(e)  "F," schools failing to make adequate progress.
1634
1635	Each school designated with a in performance grade of category
1636	"A," making excellent progress, or having improved at least two
1637	performance grade levels categories, shall have greater
1638	authority over the allocation of the school's total budget
1639	generated from the FEFP, state categoricals, lottery funds,
1640	grants, and local funds, as specified in state board rule. The
1641	rule must provide that the increased budget authority shall
1642	remain in effect until the school's performance grade declines.
1643	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
1644	CATEGORIES.--All schools shall receive a school grade except
1645	those alternative schools that receive a school improvement
1646	rating pursuant to s. 1008.341. Alternative schools may choose
1647	to receive a school grade pursuant to the provisions of this
1648	section in lieu of a school improvement rating described in s.
1649	1008.341. School grades performance grade category designations
1650	itemized in subsection (2) shall be based on the following:
1651	(a)  Criteria Timeframes.--A school's grade shall be based
1652	on a combination of:
1653	1.  Student achievement scores School performance grade
1654	category designations shall be based on the school's current
1655	year performance and the school's annual learning gains.
1656	2.  A school's performance grade category designation shall
1657	be based on a combination of student achievement scores, Student
1658	learning gains as measured by annual FCAT assessments in grades
1659	3 through 10., and
1660	3.  Improvement of the lowest 25th percentile of students
1661	in the school in reading, math, or writing on the FCAT Reading,
1662	unless these students are exhibiting performing above
1663	satisfactory performance.
1664	(b)  Student assessment data.--Student assessment data used
1665	in determining school grades performance grade categories shall
1666	include:
1667	1.  The aggregate scores of all eligible students enrolled
1668	in the school who have been assessed on the FCAT.
1669	2.  The aggregate scores of all eligible students enrolled
1670	in the school who have been assessed on the FCAT, including
1671	Florida Writes, and who have scored at or in the lowest 25th
1672	percentile of students in the school in reading, math, or
1673	writing, unless these students are exhibiting performing above
1674	satisfactory performance.
1675	3.  The achievement scores and learning gains of eligible
1676	students attending alternative schools that provide dropout
1677	prevention and academic intervention services pursuant to s.
1678	1003.53. The term "eligible students" in this subparagraph does
1679	not include students attending an alternative school who are
1680	subject to district school board policies for expulsion for
1681	repeated or serious offenses, who are in dropout retrieval
1682	programs serving students who have officially been designated as
1683	dropouts, or who are in Department of Juvenile Justice operated
1684	and contracted programs. The student performance data for
1685	eligible students identified in this subparagraph shall be
1686	included in the calculation of the home school's grade. For
1687	purposes of this section and s. 1008.341, "home school" means
1688	the school the student was attending when assigned to an
1689	alternative school or the school to which the student would be
1690	assigned if the student left the alternative school. If an
1691	alternative school chooses to be graded pursuant to this
1692	section, student performance data for eligible students
1693	identified in this subparagraph shall not be included in the
1694	home school's grade but shall only be included in calculation of
1695	the alternative school's improvement rating. School districts
1696	must ensure collaboration between the home school and the
1697	alternative school to promote student success.
1698
1699	The Department of Education shall study the effects of mobility
1700	on the performance of highly mobile students and recommend
1701	programs to improve the performance of such students. The State
1702	Board of Education shall adopt appropriate criteria for each
1703	school performance grade category. The criteria must also give
1704	added weight to student achievement in reading. Schools
1705	designated with a as performance grade of category "C," making
1706	satisfactory progress, shall be required to demonstrate that
1707	adequate progress has been made by students in the school who
1708	are in the lowest 25th percentile in reading, math, or writing
1709	on the FCAT, including Florida Writes, unless these students are
1710	exhibiting performing above satisfactory performance.
1711	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
1712	identify each school's performance as having improved, remained
1713	the same, or declined. This school improvement rating shall be
1714	based on a comparison of the current year's and previous year's
1715	student and school performance data. Schools that improve at
1716	least one performance grade category are eligible for school
1717	recognition awards pursuant to s. 1008.36.
1718	(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
1719	IMPROVEMENT RATING REPORTS.--The Department of Education shall
1720	annually develop, in collaboration with the school districts, a
1721	school report card to be delivered to parents throughout each
1722	school district. The report card shall include the school's
1723	grade, information regarding school improvement, an explanation
1724	of school performance as evaluated by the federal No Child Left
1725	Behind Act of 2001, and indicators of return on investment.
1726	School performance grade category designations and improvement
1727	ratings shall apply to each school's performance for the year in
1728	which performance is measured. Each school's report card
1729	designation and rating shall be published annually by the
1730	department on its website, of Education and the school district
1731	shall provide the school report card to each parent. Parents
1732	shall be entitled to an easy-to-read report card about the
1733	designation and rating of the school in which their child is
1734	enrolled.
1735	(6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may
1736	factor in the performance of schools in calculating any
1737	performance-based funding policy that is provided for annually
1738	in the General Appropriations Act.
1739	(7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report
1740	required by subsection (1) shall include district performance
1741	grades, which shall consist of weighted district average grades,
1742	by level, for all elementary schools, middle schools, and high
1743	schools in the district. A district's weighted average grade
1744	shall be calculated by weighting individual school grades
1745	determined pursuant to subsection (2) by school enrollment.
1746	(8)(6)  RULES.--The State Board of Education shall adopt
1747	rules pursuant to ss. 120.536(1) and 120.54 to implement the
1748	provisions of this section.
1749	Section 31.  Section 1008.341, Florida Statutes, is created
1750	to read:
1751	1008.341  School improvement rating for alternative
1752	schools.--
1753	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
1754	prepare an annual report on the performance of each school
1755	receiving a school improvement rating pursuant to this section
1756	provided that the provisions of s. 1002.22 pertaining to student
1757	records shall apply.
1758	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
1759	provide dropout prevention and academic intervention services
1760	pursuant to s. 1003.53 shall receive a school improvement rating
1761	pursuant to this section. The school improvement rating shall
1762	identify schools as having one of the following ratings defined
1763	according to rules of the State Board of Education:
1764	(a)  "Improving," schools with students making more
1765	academic progress than when the students were served in their
1766	home schools.
1767	(b)  "Maintaining," schools with students making progress
1768	equivalent to the progress made when the students were served in
1769	their home schools.
1770	(c)  "Declining," schools with students making less
1771	academic progress than when the students were served in their
1772	home schools.
1773
1774	The school improvement rating shall be based on a comparison of
1775	each student's current year and previous year performance.
1776	Schools that improve at least one level or maintain an
1777	"improving" rating pursuant to this section are eligible for
1778	school recognition awards pursuant to s. 1008.36.
1779	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
1780	assessment data used in determining an alternative school's
1781	school improvement rating shall include:
1782	(a)  The aggregate scores of all eligible students who were
1783	assigned to and enrolled in the school during the October or
1784	February FTE count, who have been assessed on the FCAT, and who
1785	have FCAT or comparable scores for the preceding school year.
1786	(b)  The aggregate scores of all eligible students who were
1787	assigned to and enrolled in the school during the October or
1788	February FTE count, who have been assessed on the FCAT,
1789	including Florida Writes, and who have scored in the lowest 25th
1790	percentile of students in the state on FCAT Reading.
1791
1792	The scores of students who are subject to district school board
1793	policies for expulsion for repeated or serious offenses, who are
1794	in dropout retrieval programs serving students who have
1795	officially been designated as dropouts, or who are in Department
1796	of Juvenile Justice operated and contracted programs shall not
1797	be included in an alternative school's school improvement
1798	rating.
1799	(4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For each
1800	alternative school receiving a school improvement rating, the
1801	Department of Education shall annually identify the percentage
1802	of students making learning gains as compared to the percentage
1803	of the same students making learning gains in their home schools
1804	in the year prior to being assigned to the alternative school.
1805	(5)  SCHOOL REPORT CARD.--The Department of Education shall
1806	annually develop, in collaboration with the school districts, a
1807	school report card for alternative schools to be delivered to
1808	parents throughout each school district. The report card shall
1809	include the school improvement rating, identification of student
1810	learning gains, information regarding school improvement, an
1811	explanation of school performance as evaluated by the federal No
1812	Child Left Behind Act of 2001, and indicators of return on
1813	investment.
1814	(6)  RULES.--The State Board of Education shall adopt rules
1815	pursuant to ss. 120.536(1) and 120.54 to implement the
1816	provisions of this section.
1817	Section 32.  Subsection (5), paragraphs (b) and (d) of
1818	subsection (6), and subsection (7) of section 1008.345, Florida
1819	Statutes, are amended to read:
1820	1008.345  Implementation of state system of school
1821	improvement and education accountability.--
1822	(5)  The commissioner shall report to the Legislature and
1823	recommend changes in state policy necessary to foster school
1824	improvement and education accountability. Included in the report
1825	shall be a list of the schools, including schools operating for
1826	the purpose of providing educational services to youth in
1827	Department of Juvenile Justice programs, for which district
1828	school boards have developed assistance and intervention plans
1829	and an analysis of the various strategies used by the school
1830	boards. School reports shall be distributed pursuant to this
1831	subsection and s. 1001.42(16)(f)(e) and according to rules
1832	adopted by the State Board of Education.
1833	(6)
1834	(b)  Upon request, the department shall provide technical
1835	assistance and training to any school, including any school
1836	operating for the purpose of providing educational services to
1837	youth in Department of Juvenile Justice programs, school
1838	advisory council, district, or district school board for
1839	conducting needs assessments, developing and implementing school
1840	improvement plans, developing and implementing assistance and
1841	intervention plans, or implementing other components of school
1842	improvement and accountability. Priority for these services
1843	shall be given to schools designated with a as performance grade
1844	of category "D" or "F" and school districts in rural and
1845	sparsely populated areas of the state.
1846	(d)  The department shall assign a community assessment
1847	team to each school district with a school designated with a as
1848	performance grade of category "D" or "F" to review the school
1849	performance data and determine causes for the low performance.
1850	The team shall make recommendations to the school board, to the
1851	department, and to the State Board of Education for implementing
1852	an assistance and intervention plan that will address the causes
1853	of the school's low performance. The assessment team shall
1854	include, but not be limited to, a department representative,
1855	parents, business representatives, educators, and community
1856	activists, and shall represent the demographics of the community
1857	from which they are appointed.
1858	(7)(a)  Schools designated with a in performance grade of
1859	category "A," making excellent progress, shall, if requested by
1860	the school, be given deregulated status as specified in s.
1861	1003.63(5), (7), (8), (9), and (10).
1862	(b)  Schools that have improved at least two grades
1863	performance grade categories and that meet the criteria of the
1864	Florida School Recognition Program pursuant to s. 1008.36 may be
1865	given deregulated status as specified in s. 1003.63(5), (7),
1866	(8), (9), and (10).
1867	Section 33.  Subsections (3), (4), and (5) of section
1868	1008.36, Florida Statutes, are amended to read:
1869	1008.36  Florida School Recognition Program.--
1870	(3)  All public schools, including charter schools, that
1871	receive a school grade pursuant to s. 1008.34 or a school
1872	improvement rating pursuant to s. 1008.341 are eligible to
1873	participate in the program. For the purpose of this section, a
1874	school or schools serving any combination of kindergarten
1875	through grade 3 students that do not receive a school grade
1876	under s. 1008.34 shall be assigned the school grade of the
1877	feeder pattern school designated by the Department of Education
1878	and verified by the school district and shall be eligible to
1879	participate in the program based on that feeder. A "feeder
1880	school pattern" is defined as a pattern in which at least 60
1881	percent of the students in the school not receiving a school
1882	grade are assigned to the graded school.
1883	(4)  All selected schools shall receive financial awards
1884	depending on the availability of funds appropriated and the
1885	number and size of schools selected to receive an award. Funds
1886	must be distributed to the school's fiscal agent and placed in
1887	the school's account and must be used for purposes listed in
1888	subsection (5) as determined by the school advisory council
1889	pursuant to s. 1001.452 in the annual school improvement plan
1890	required pursuant to s. 1001.42(16)(a). If such a determination
1891	is not included in the school improvement plan, the school shall
1892	not be eligible to receive a financial award jointly by the
1893	school's staff and school advisory council. If school staff and
1894	the school advisory council cannot reach agreement by November
1895	1, the awards must be equally distributed to all classroom
1896	teachers currently teaching in the school.
1897	(5)  School recognition awards must be used for the
1898	following:
1899	(a)  Nonrecurring bonuses to the faculty and staff who
1900	taught at the school during the year of improved performance;
1901	(b)  Nonrecurring expenditures for educational equipment,
1902	or materials, or student incentives to assist in maintaining and
1903	improving student performance; or
1904	(c)  Temporary personnel for the school to assist in
1905	maintaining and improving student performance.
1906
1907	Notwithstanding statutory provisions to the contrary, incentive
1908	awards are not subject to collective bargaining.
1909	Section 34.  Paragraph (h) of subsection (1) of section
1910	1008.45, Florida Statutes, is amended to read:
1911	1008.45  Community college accountability process.--
1912	(1)  It is the intent of the Legislature that a management
1913	and accountability process be implemented which provides for the
1914	systematic, ongoing improvement and assessment of the
1915	improvement of the quality and efficiency of the Florida
1916	community colleges. Accordingly, the State Board of Education
1917	and the community college boards of trustees shall develop and
1918	implement an accountability plan to improve and evaluate the
1919	instructional and administrative efficiency and effectiveness of
1920	the Florida Community College System. This plan shall be
1921	designed in consultation with staff of the Governor and the
1922	Legislature and must address the following issues:
1923	(h)  Other measures as identified by the Council for
1924	Education Policy Research and Improvement and approved by the
1925	State Board of Education.
1926	Section 35.  Section 1008.51, Florida Statutes, is
1927	repealed.
1928	Section 36.  Paragraphs (f), ((h), (l), (m), and (n) of
1929	subsection (1) and paragraphs (a) and (b) of subsection (4) of
1930	section 1011.62, Florida Statutes, are amended, subsections (8)
1931	and (9) are renumbered as subsections (9) and (10),
1932	respectively, and amended, and a new subsection (8) is added to
1933	said section, to read:
1934	1011.62  Funds for operation of schools.--If the annual
1935	allocation from the Florida Education Finance Program to each
1936	district for operation of schools is not determined in the
1937	annual appropriations act or the substantive bill implementing
1938	the annual appropriations act, it shall be determined as
1939	follows:
1940	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1941	OPERATION.--The following procedure shall be followed in
1942	determining the annual allocation to each district for
1943	operation:
1944	(f)  Supplemental academic instruction; categorical fund.--
1945	1.  There is created a categorical fund to provide
1946	supplemental academic instruction to students in kindergarten
1947	through grade 12. This paragraph may be cited as the
1948	"Supplemental Academic Instruction Categorical Fund."
1949	2.  Categorical funds for supplemental academic instruction
1950	shall be allocated annually to each school district in the
1951	amount provided in the General Appropriations Act. These funds
1952	shall be in addition to the funds appropriated on the basis of
1953	FTE student membership in the Florida Education Finance Program
1954	and shall be included in the total potential funds of each
1955	district. These funds shall be used to provide supplemental
1956	academic instruction to students enrolled in the K-12 program.
1957	Supplemental instruction strategies may include, but are not
1958	limited to: modified curriculum, reading instruction, after-
1959	school instruction, tutoring, mentoring, class size reduction,
1960	extended school year, intensive skills development in summer
1961	school, and other methods for improving student achievement.
1962	Supplemental instruction may be provided to a student in any
1963	manner and at any time during or beyond the regular 180-day term
1964	identified by the school as being the most effective and
1965	efficient way to best help that student progress from grade to
1966	grade and to graduate.
1967	3.  Effective with the 1999-2000 fiscal year, funding on
1968	the basis of FTE membership beyond the 180-day regular term
1969	shall be provided in the FEFP only for students enrolled in
1970	juvenile justice education programs or in an education program
1971	for juveniles under s. 985.223. Funding for instruction beyond
1972	the regular 180-day school year for all other K-12 students
1973	shall be provided through the supplemental academic instruction
1974	categorical fund and other state, federal, and local fund
1975	sources with ample flexibility for schools to provide
1976	supplemental instruction to assist students in progressing from
1977	grade to grade and graduating.
1978	4.  The Florida State University School, as a lab school,
1979	is authorized to expend from its FEFP or Lottery Enhancement
1980	Trust Fund allocation the cost to the student of remediation in
1981	reading, writing, or mathematics for any graduate who requires
1982	remediation at a postsecondary educational institution.
1983	5.  Beginning in the 1999-2000 school year, dropout
1984	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
1985	(b), and (c), and 1003.54 shall be included in group 1 programs
1986	under subparagraph (d)3.
1987	(h)  Small, isolated high schools.--Districts which levy
1988	the maximum nonvoted discretionary millage, exclusive of millage
1989	for capital outlay purposes levied pursuant to s. 1011.71(2),
1990	may calculate full-time equivalent students for small, isolated
1991	high schools by multiplying the number of unweighted full-time
1992	equivalent students times 2.75; provided the school has attained
1993	a state accountability performance grade category of "C" or
1994	better, pursuant to s. 1008.34, for the previous school year.
1995	For the purpose of this section, the term "small, isolated high
1996	school" means any high school which is located no less than 28
1997	miles by the shortest route from another high school; which has
1998	been serving students primarily in basic studies provided by
1999	sub-subparagraphs (c)1.b. and c. and may include subparagraph
2000	(c)4.; and which has a membership of no more than 100 students,
2001	but no fewer than 28 students, in grades 9 through 12.
2002	(l)  Calculation of additional full-time equivalent
2003	membership based on international baccalaureate examination
2004	scores of students.--A value of 0.24 full-time equivalent
2005	student membership shall be calculated for each student enrolled
2006	in an international baccalaureate course who receives a score of
2007	4 or higher on a subject examination. A value of 0.3 full-time
2008	equivalent student membership shall be calculated for each
2009	student who receives an international baccalaureate diploma.
2010	Such value shall be added to the total full-time equivalent
2011	student membership in basic programs for grades 9 through 12 in
2012	the subsequent fiscal year. The school district shall distribute
2013	to each classroom teacher who provided international
2014	baccalaureate instruction:
2015	1.  A bonus in the amount of $50 for each student taught by
2016	the International Baccalaureate teacher in each international
2017	baccalaureate course who receives a score of 4 or higher on the
2018	international baccalaureate examination.
2019	2.  An additional bonus of $500 to each International
2020	Baccalaureate teacher in a school designated with a performance
2021	grade of category "D" or "F" who has at least one student
2022	scoring 4 or higher on the international baccalaureate
2023	examination, regardless of the number of classes taught or of
2024	the number of students scoring a 4 or higher on the
2025	international baccalaureate examination.
2026
2027	Bonuses awarded to a teacher according to this paragraph shall
2028	not exceed $2,000 in any given school year and shall be in
2029	addition to any regular wage or other bonus the teacher received
2030	or is scheduled to receive.
2031	(m)  Calculation of additional full-time equivalent
2032	membership based on Advanced International Certificate of
2033	Education examination scores of students.--A value of 0.24 full-
2034	full-time equivalent student membership shall be calculated for
2035	each student enrolled in a full-credit Advanced International
2036	Certificate of Education course who receives a score of 2 or
2037	higher on a subject examination. A value of 0.12 full-time
2038	equivalent student membership shall be calculated for each
2039	student enrolled in a half-credit Advanced International
2040	Certificate of Education course who receives a score of 1 or
2041	higher on a subject examination. A value of 0.3 full-time
2042	equivalent student membership shall be calculated for each
2043	student who received an Advanced International Certificate of
2044	Education diploma. Such value shall be added to the total full-
2045	time equivalent student membership in basic programs for grades
2046	9 through 12 in the subsequent fiscal year. The school district
2047	shall distribute to each classroom teacher who provided Advanced
2048	International Certificate of Education instruction:
2049	1.  A bonus in the amount of $50 for each student taught by
2050	the Advanced International Certificate of Education teacher in
2051	each full-credit Advanced International Certificate of Education
2052	course who receives a score of 2 or higher on the Advanced
2053	International Certificate of Education examination. A bonus in
2054	the amount of $25 for each student taught by the Advanced
2055	International Certificate of Education teacher in each half-
2056	credit Advanced International Certificate of Education course
2057	who receives a score of 1 or higher on the Advanced
2058	International Certificate of Education examination.
2059	2.  An additional bonus of $500 to each Advanced
2060	International Certificate of Education teacher in a school
2061	designated with a performance grade of category "D" or "F" who
2062	has at least one student scoring 2 or higher on the full-credit
2063	Advanced International Certificate of Education examination,
2064	regardless of the number of classes taught or of the number of
2065	students scoring a 2 or higher on the full-credit Advanced
2066	International Certificate of Education examination.
2067	3.  Additional bonuses of $250 each to teachers of half-
2068	credit Advanced International Certificate of Education classes
2069	in a school designated with a performance grade of category "D"
2070	or "F" which has at least one student scoring a 1 or higher on
2071	the half-credit Advanced International Certificate of Education
2072	examination in that class. The maximum additional bonus for a
2073	teacher awarded in accordance with this subparagraph shall not
2074	exceed $500 in any given school year. Teachers receiving an
2075	award under subparagraph 2. are not eligible for a bonus under
2076	this subparagraph.
2077
2078	Bonuses awarded to a teacher according to this paragraph shall
2079	not exceed $2,000 in any given school year and shall be in
2080	addition to any regular wage or other bonus the teacher received
2081	or is scheduled to receive.
2082	(n)  Calculation of additional full-time equivalent
2083	membership based on college board advanced placement scores of
2084	students.--A value of 0.24 full-time equivalent student
2085	membership shall be calculated for each student in each advanced
2086	placement course who receives a score of 3 or higher on the
2087	College Board Advanced Placement Examination for the prior year
2088	and added to the total full-time equivalent student membership
2089	in basic programs for grades 9 through 12 in the subsequent
2090	fiscal year. Each district must allocate at least 80 percent of
2091	the funds provided to the district for advanced placement
2092	instruction, in accordance with this paragraph, to the high
2093	school that generates the funds. The school district shall
2094	distribute to each classroom teacher who provided advanced
2095	placement instruction:
2096	1.  A bonus in the amount of $50 for each student taught by
2097	the Advanced Placement teacher in each advanced placement course
2098	who receives a score of 3 or higher on the College Board
2099	Advanced Placement Examination.
2100	2.  An additional bonus of $500 to each Advanced Placement
2101	teacher in a school designated with a performance grade of
2102	category "D" or "F" who has at least one student scoring 3 or
2103	higher on the College Board Advanced Placement Examination,
2104	regardless of the number of classes taught or of the number of
2105	students scoring a 3 or higher on the College Board Advanced
2106	Placement Examination.
2107
2108	Bonuses awarded to a teacher according to this paragraph shall
2109	not exceed $2,000 in any given school year and shall be in
2110	addition to any regular wage or other bonus the teacher received
2111	or is scheduled to receive.
2112	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
2113	Legislature shall prescribe the aggregate required local effort
2114	for all school districts collectively as an item in the General
2115	Appropriations Act for each fiscal year. The amount that each
2116	district shall provide annually toward the cost of the Florida
2117	Education Finance Program for kindergarten through grade 12
2118	programs shall be calculated as follows:
2119	(a)  Estimated taxable value calculations.--
2120	1.a.  Not later than 2 working days prior to July 19, the
2121	Department of Revenue shall certify to the Commissioner of
2122	Education its most recent estimate of the taxable value for
2123	school purposes in each school district and the total for all
2124	school districts in the state for the current calendar year
2125	based on the latest available data obtained from the local
2126	property appraisers. Not later than July 19, the Commissioner of
2127	Education shall compute a millage rate, rounded to the next
2128	highest one one-thousandth of a mill, which, when applied to 95
2129	percent of the estimated state total taxable value for school
2130	purposes, would generate the prescribed aggregate required local
2131	effort for that year for all districts. The Commissioner of
2132	Education shall certify to each district school board the
2133	millage rate, computed as prescribed in this subparagraph, as
2134	the minimum millage rate necessary to provide the district
2135	required local effort for that year.
2136	b.  The General Appropriations Act shall direct the
2137	computation of the statewide adjusted aggregate amount for
2138	required local effort for all school districts collectively from
2139	ad valorem taxes to ensure that no school district's revenue
2140	from required local effort millage will produce more than 90
2141	percent of the district's total Florida Education Finance
2142	Program calculation, and the adjustment of the required local
2143	effort millage rate of each district that produces more than 90
2144	percent of its total Florida Education Finance Program
2145	entitlement to a level that will produce only 90 percent of its
2146	total Florida Education Finance Program entitlement in the July
2147	calculation.
2148	2.  As revised data are received from property appraisers,
2149	the Department of Revenue shall amend the certification of the
2150	estimate of the taxable value for school purposes. The
2151	Commissioner of Education, in administering the provisions of
2152	subparagraph (10)(9)(a)2., shall use the most recent taxable
2153	value for the appropriate year.
2154	(b)  Final calculation.--
2155	1.  The Department of Revenue shall, upon receipt of the
2156	official final assessed value of property from each of the
2157	property appraisers, certify to the Commissioner of Education
2158	the taxable value total for school purposes in each school
2159	district, subject to the provisions of paragraph (d). The
2160	commissioner shall use the official final taxable value for
2161	school purposes for each school district in the final
2162	calculation of the annual Florida Education Finance Program
2163	allocations.
2164	2.  For the purposes of this paragraph, the official final
2165	taxable value for school purposes shall be the taxable value for
2166	school purposes on which the tax bills are computed and mailed
2167	to the taxpayers, adjusted to reflect final administrative
2168	actions of value adjustment boards and judicial decisions
2169	pursuant to part I of chapter 194. By September 1 of each year,
2170	the Department of Revenue shall certify to the commissioner the
2171	official prior year final taxable value for school purposes. For
2172	each county that has not submitted a revised tax roll reflecting
2173	final value adjustment board actions and final judicial
2174	decisions, the Department of Revenue shall certify the most
2175	recent revision of the official taxable value for school
2176	purposes. The certified value shall be the final taxable value
2177	for school purposes, and no further adjustments shall be made,
2178	except those made pursuant to subparagraph (10)(9)(a)2.
2179	(8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
2180	(a)  The research-based reading instruction allocation is
2181	created to provide comprehensive reading instruction to students
2182	in kindergarten through grade 12.
2183	(b)  Funds for comprehensive, research-based reading
2184	instruction shall be allocated annually to each school district
2185	in the amount provided in the General Appropriations Act. Each
2186	eligible school district shall receive the same minimum amount
2187	as specified in the General Appropriations Act, and any
2188	remaining funds shall be distributed to eligible school
2189	districts based on each school district's proportionate share of
2190	K-12 base funding.
2191	(c)  Funds must be used to provide a system of
2192	comprehensive reading instruction to students enrolled in the K-
2193	12 programs, which may include the following:
2194	1.  The provision of highly qualified reading coaches.
2195	2.  Professional development for school district teachers
2196	in scientifically based reading instruction.
2197	3.  The provision of summer reading camps for students who
2198	score at Level 1 on FCAT Reading.
2199	4.  The provision of supplemental instructional materials
2200	that are grounded in scientifically based reading research, and
2201	comprehensive training in their use, for which teachers shall
2202	receive inservice credit. Each school district, in partnership
2203	with the publisher of the material, shall provide the training
2204	and the school district shall certify that the teacher has
2205	achieved mastery in using the material correctly. Data on this
2206	training shall be collected by the Department of Education.
2207	5.  The provision of intensive interventions for middle and
2208	high school students reading below grade level.
2209	(d)  Annually, by a date determined by the Department of
2210	Education but before May 1, school districts shall submit a plan
2211	for the specific use of the research-based reading instruction
2212	allocation in the format prescribed by the department for review
2213	and approval by the Just Read, Florida! Office created pursuant
2214	to s. 1001.215. The plan annually submitted by school districts
2215	shall be deemed approved unless the department rejects the plan
2216	on or before June 1. If a school district and the Just Read,
2217	Florida! Office cannot reach agreement on the contents of the
2218	plan, the school district may appeal to the State Board of
2219	Education. The plan format shall be developed with input from
2220	school district personnel, including teachers and principals,
2221	and shall allow courses in core, career, and alternative
2222	programs that deliver intensive reading remediation through
2223	integrated curricula. No later than July 1 annually, the
2224	department shall release the school district's allocation of
2225	appropriated funds to those districts with approved plans. A
2226	school district that spends 100 percent of this allocation on
2227	its approved plan shall be deemed to have been in compliance
2228	with the plan. The department may withhold funds upon a
2229	determination that reading instruction allocation funds are not
2230	being used to implement the approved plan.
2231	(9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
2232	annually in the General Appropriations Act determine a
2233	percentage increase in funds per K-12 unweighted FTE as a
2234	minimum guarantee to each school district. The guarantee shall
2235	be calculated from prior year base funding per unweighted FTE
2236	student which shall include the adjusted FTE dollars as provided
2237	in subsection (10)(9), quality guarantee funds, and actual
2238	nonvoted discretionary local effort from taxes. From the base
2239	funding per unweighted FTE, the increase shall be calculated for
2240	the current year. The current year funds from which the
2241	guarantee shall be determined shall include the adjusted FTE
2242	dollars as provided in subsection (10)(9) and potential nonvoted
2243	discretionary local effort from taxes. A comparison of current
2244	year funds per unweighted FTE to prior year funds per unweighted
2245	FTE shall be computed. For those school districts which have
2246	less than the legislatively assigned percentage increase, funds
2247	shall be provided to guarantee the assigned percentage increase
2248	in funds per unweighted FTE student. Should appropriated funds
2249	be less than the sum of this calculated amount for all
2250	districts, the commissioner shall prorate each district's
2251	allocation. This provision shall be implemented to the extent
2252	specifically funded.
2253	(10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
2254	FOR CURRENT OPERATION.--The total annual state allocation to
2255	each district for current operation for the FEFP shall be
2256	distributed periodically in the manner prescribed in the General
2257	Appropriations Act.
2258	(a)  The basic amount for current operation for the FEFP as
2259	determined in subsection (1), multiplied by the district cost
2260	differential factor as determined in subsection (2), plus the
2261	amounts provided for categorical components within the FEFP,
2262	plus the amount for the sparsity supplement as determined in
2263	subsection (6), the decline in full-time equivalent students as
2264	determined in subsection (7), the research-based reading
2265	instruction allocation as determined in subsection (8), and the
2266	quality assurance guarantee as determined in subsection (9)(8),
2267	less the required local effort as determined in subsection (4).
2268	If the funds appropriated for the purpose of funding the total
2269	amount for current operation as provided in this paragraph are
2270	not sufficient to pay the state requirement in full, the
2271	department shall prorate the available state funds to each
2272	district in the following manner:
2273	1.  Determine the percentage of proration by dividing the
2274	sum of the total amount for current operation, as provided in
2275	this paragraph for all districts collectively, and the total
2276	district required local effort into the sum of the state funds
2277	available for current operation and the total district required
2278	local effort.
2279	2.  Multiply the percentage so determined by the sum of the
2280	total amount for current operation as provided in this paragraph
2281	and the required local effort for each individual district.
2282	3.  From the product of such multiplication, subtract the
2283	required local effort of each district; and the remainder shall
2284	be the amount of state funds allocated to the district for
2285	current operation.
2286	(b)  The amount thus obtained shall be the net annual
2287	allocation to each school district. However, if it is determined
2288	that any school district received an underallocation or
2289	overallocation for any prior year because of an arithmetical
2290	error, assessment roll change, full-time equivalent student
2291	membership error, or any allocation error revealed in an audit
2292	report, the allocation to that district shall be appropriately
2293	adjusted. Beginning with audits for the 2001-2002 fiscal year,
2294	if the adjustment is the result of an audit finding in which
2295	group 2 FTE are reclassified to the basic program and the
2296	district weighted FTE are over the weighted enrollment ceiling
2297	for group 2 programs, the adjustment shall not result in a gain
2298	of state funds to the district. If the Department of Education
2299	audit adjustment recommendation is based upon controverted
2300	findings of fact, the Commissioner of Education is authorized to
2301	establish the amount of the adjustment based on the best
2302	interests of the state.
2303	(c)  The amount thus obtained shall represent the net
2304	annual state allocation to each district; however,
2305	notwithstanding any of the provisions herein, each district
2306	shall be guaranteed a minimum level of funding in the amount and
2307	manner prescribed in the General Appropriations Act.
2308	Section 37.  Paragraph (a) of subsection (2) of section
2309	1011.64, Florida Statutes, is amended to read:
2310	1011.64  School district minimum classroom expenditure
2311	requirements.--
2312	(2)  For the purpose of implementing the provisions of this
2313	section, the Legislature shall prescribe minimum academic
2314	performance standards and minimum classroom expenditure
2315	requirements for districts not meeting such minimum academic
2316	performance standards in the General Appropriations Act.
2317	(a)  Minimum academic performance standards may be based
2318	on, but are not limited to, district performance grades
2319	determined pursuant to s. 1008.34(7)(8).
2320	Section 38.  Paragraph (b) of subsection (2) of section
2321	1011.685, Florida Statutes, is amended to read:
2322	1011.685  Class size reduction; operating categorical
2323	fund.--
2324	(2)  Class size reduction operating categorical funds shall
2325	be used by school districts for the following:
2326	(b)  For any lawful operating expenditure, if the district
2327	has met the constitutional maximums identified in s. 1003.03(1)
2328	or the reduction of two students per year required by s.
2329	1003.03(2); however, priority shall be given to increase
2330	salaries of classroom teachers as defined in s. 1012.01(2)(a)
2331	and to implement the differentiated-pay provisions detailed in
2332	s. 1012.2312 salary career ladder defined in s. 1012.231.
2333	Section 39.  Subsection (1) of section 1011.71, Florida
2334	Statutes, is amended, and subsection (7) is added to said
2335	section, to read:
2336	1011.71  District school tax.--
2337	(1)  If the district school tax is not provided in the
2338	General Appropriations Act or the substantive bill implementing
2339	the General Appropriations Act, each district school board
2340	desiring to participate in the state allocation of funds for
2341	current operation as prescribed by s. 1011.62(10)(9) shall levy
2342	on the taxable value for school purposes of the district,
2343	exclusive of millage voted under the provisions of s. 9(b) or s.
2344	12, Art. VII of the State Constitution, a millage rate not to
2345	exceed the amount certified by the commissioner as the minimum
2346	millage rate necessary to provide the district required local
2347	effort for the current year, pursuant to s. 1011.62(4)(a)1. In
2348	addition to the required local effort millage levy, each
2349	district school board may levy a nonvoted current operating
2350	discretionary millage. The Legislature shall prescribe annually
2351	in the appropriations act the maximum amount of millage a
2352	district may levy. The millage rate prescribed shall exceed zero
2353	mills but shall not exceed the lesser of 1.6 mills or 25 percent
2354	of the millage which is required pursuant to s. 1011.62(4),
2355	exclusive of millage levied pursuant to subsection (2).
2356	(7)  Notwithstanding subsections (2) and (5), a district
2357	school board may expend funds generated under this section to
2358	purchase the property and casualty insurance associated with the
2359	educational plant of the district. Any operating revenues made
2360	available through this section shall be expended only for
2361	nonrecurring operational expenditures of the school district.
2362	Section 40.  Subsection (6) is added to section 1012.21,
2363	Florida Statutes, to read:
2364	1012.21  Department of Education duties; K-12 personnel.--
2365	(6)  REPORTING.--The Department of Education shall annually
2366	post online the collective bargaining contracts of each school
2367	district received pursuant to s. 1012.22. The department shall
2368	prescribe the computer format for district school boards to
2369	provide the information.
2370	Section 41.  Paragraph (c) of subsection (1) of section
2371	1012.22, Florida Statutes, is amended, and subsection (3) is
2372	added to said section, to read:
2373	1012.22  Public school personnel; powers and duties of the
2374	district school board.--The district school board shall:
2375	(1)  Designate positions to be filled, prescribe
2376	qualifications for those positions, and provide for the
2377	appointment, compensation, promotion, suspension, and dismissal
2378	of employees as follows, subject to the requirements of this
2379	chapter:
2380	(c)  Compensation and salary schedules.--
2381	1.  The district school board shall adopt a salary schedule
2382	or salary schedules designed to furnish incentives for
2383	improvement in training and for continued efficient service to
2384	be used as a basis for paying all school employees and fix and
2385	authorize the compensation of school employees on the basis
2386	thereof.
2387	2.  A district school board, in determining the salary
2388	schedule for instructional personnel, must base a portion of
2389	each employee's compensation on performance demonstrated under
2390	s. 1012.34, must consider the prior teaching experience of a
2391	person who has been designated state teacher of the year by any
2392	state in the United States, and must consider prior professional
2393	experience in the field of education gained in positions in
2394	addition to district level instructional and administrative
2395	positions.
2396	3.  In developing the salary schedule, the district school
2397	board shall seek input from parents, teachers, and
2398	representatives of the business community.
2399	4.  Beginning with the 2002-2003 fiscal year, each district
2400	school board must adopt a performance-pay policy for school
2401	administrators and instructional personnel. The district's
2402	performance-pay policy is subject to negotiation as provided in
2403	chapter 447; however, the adopted salary schedule must allow
2404	school administrators and instructional personnel who
2405	demonstrate outstanding performance, as measured under s.
2406	1012.34, to earn a 5-percent supplement in addition to their
2407	individual, negotiated salary. The supplements shall be funded
2408	from the performance-pay reserve funds adopted in the salary
2409	schedule. Beginning with the 2004-2005 academic year, the
2410	district's 5-percent performance-pay policy must provide for the
2411	evaluation of classroom teachers within each level of the salary
2412	career ladder provided in s. 1012.231. The Commissioner of
2413	Education shall determine whether the district school board's
2414	adopted salary schedule complies with the requirement for
2415	performance-based pay. If the district school board fails to
2416	comply with this section, the commissioner shall withhold
2417	disbursements from the Educational Enhancement Trust Fund to the
2418	district until compliance is verified.
2419	(3)  Annually provide to the Department of Education the
2420	negotiated collective bargaining contract for the school
2421	district. The district school board shall report in the computer
2422	format prescribed by the department pursuant to s. 1012.21.
2423	Section 42.  Section 1012.231, Florida Statutes, is
2424	repealed.
2425	Section 43.  Section 1012.2312, Florida Statutes, is
2426	created to read:
2427	1012.2312  Differentiated pay for instructional
2428	personnel.--
2429	(1)  Beginning with the 2005-2006 fiscal year, each
2430	district school board shall have a differentiated-pay policy for
2431	instructional personnel and incorporate it into the school
2432	district's salary schedule.
2433	(2)  The differentiated-pay policy may be subject to
2434	negotiation as provided in chapter 447; however, the adopted
2435	salary schedule must allow instructional personnel to receive
2436	differentiated pay based upon school district determined
2437	factors, including, but not limited to, each of the following:
2438	(a)  The subject areas taught, with classroom teachers who
2439	teach in critical shortage areas receiving higher pay.
2440	(b)  The economic demographics of the school, with
2441	instructional personnel in schools that have a majority of
2442	students who qualify for free or reduced-price lunches receiving
2443	higher pay.
2444	(c)  Additional responsibilities of instructional
2445	personnel, including, but not limited to, lead and mentoring
2446	responsibilities.
2447	(d)  A performance-pay policy that rewards high-performing
2448	instructional personnel with at least a 5-percent performance-
2449	pay incentive.
2450
2451	The differentiated pay provided in the salary schedule for each
2452	of the factors specified in paragraphs (a)-(d) shall provide an
2453	incentive.
2454	(3)  The Commissioner of Education shall determine whether
2455	the district school board's adopted salary schedule complies
2456	with the requirements in subsection (2). If the salary schedule
2457	does not comply, the commissioner shall report the noncompliance
2458	and make recommendations regarding the noncompliance to the
2459	State Board of Education, the President of the Senate, and the
2460	Speaker of the House of Representatives.
2461	Section 44.  Section 1012.2313, Florida Statutes, is
2462	created to read:
2463	1012.2313  Differentiated pay for school administrators.--
2464	(1)  Beginning with the 2005-2006 fiscal year, each
2465	district school board shall have a differentiated-pay policy for
2466	school administrators and incorporate it into the school
2467	district's salary schedule.
2468	(2)  The adopted salary schedule must allow school
2469	administrators to receive differentiated pay based upon school
2470	district determined factors, including, but not limited to, each
2471	of the following:
2472	(a)  The economic demographics of the school, with school
2473	administrators in schools that have a majority of students who
2474	qualify for free or reduced-price lunches receiving higher pay.
2475	(b)  A performance-pay policy that rewards high-performing
2476	school administrators with at least a 5-percent performance-pay
2477	incentive.
2478
2479	The differentiated pay provided in the salary schedule for each
2480	of the factors specified in paragraphs (a) and (b) shall provide
2481	an incentive.
2482	(3)  The Commissioner of Education shall determine whether
2483	the district school board's adopted salary schedule complies
2484	with the requirements in subsection (2). If the salary schedule
2485	does not comply, the commissioner shall report the noncompliance
2486	and make recommendations regarding the noncompliance to the
2487	State Board of Education, the President of the Senate, and the
2488	Speaker of the House of Representatives.
2489	Section 45.  Section 1012.2315, Florida Statutes, is
2490	created to read:
2491	1012.2315  Assignment of teachers.--
2492	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
2493	finds disparity between teachers assigned to teach in a majority
2494	of "A" schools compared to teachers assigned to teach in a
2495	majority of "F" schools. The disparity can be found in the
2496	average years of experience, median salary, and the performance
2497	of the teachers on teacher certification examinations. It is the
2498	intent of the Legislature that district school boards have
2499	flexibility through the collective bargaining process to assign
2500	teachers more equitably across the schools in the district.
2501	(2)  ASSIGNMENT TO "D" and "F" SCHOOLS.--School districts
2502	may not assign a higher percentage than the school district
2503	average of first-time teachers, temporarily certified teachers,
2504	teachers in need of improvement, or out-of-field teachers to
2505	schools with above the school district average of minority and
2506	economically disadvantaged students or schools that are graded
2507	"D" or "F." Each school district shall annually certify to the
2508	Commissioner of Education that this requirement has been met. If
2509	the commissioner determines that a school district is not in
2510	compliance with this subsection, the State Board of Education
2511	shall be notified and shall take action pursuant to s. 1008.32
2512	in the next regularly scheduled meeting to require compliance.
2513	(3)  SALARY INCENTIVES.--District school boards are
2514	authorized to provide salary incentives to meet the requirement
2515	of subsection (2). No district school board shall sign a
2516	collective bargaining agreement that precludes the school
2517	district from providing sufficient incentives to meet this
2518	requirement.
2519	(4)  COLLECTIVE BARGAINING.--Notwithstanding provisions of
2520	chapter 447 relating to district school board collective
2521	bargaining, collective bargaining provisions may not preclude a
2522	school district from providing incentives to high-quality
2523	teachers and assigning such teachers to low-performing schools.
2524	Section 46.  Subsection (2) of section 1012.27, Florida
2525	Statutes, is amended to read:
2526	1012.27  Public school personnel; powers and duties of
2527	district school superintendent.--The district school
2528	superintendent is responsible for directing the work of the
2529	personnel, subject to the requirements of this chapter, and in
2530	addition the district school superintendent shall perform the
2531	following:
2532	(2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and
2533	recommend to the district school board for adoption a salary
2534	schedule or salary schedules. The district school superintendent
2535	must recommend a salary schedule for instructional personnel
2536	which bases a portion of each employee's compensation on
2537	performance demonstrated under s. 1012.34. In developing the
2538	recommended salary schedule, the district school superintendent
2539	shall include input from parents, teachers, and representatives
2540	of the business community. Beginning with the 2005-2006 2004-
2541	2005 academic year, the recommended salary schedule for
2542	classroom teachers shall be consistent with the district's
2543	differentiated-pay policy career ladder based upon s. 1012.2312
2544	1012.231.
2545	Section 47.  Paragraph (a) of subsection (3) of section
2546	1012.34, Florida Statutes, is amended to read:
2547	1012.34  Assessment procedures and criteria.--
2548	(3)  The assessment procedure for instructional personnel
2549	and school administrators must be primarily based on the
2550	performance of students assigned to their classrooms or schools,
2551	as appropriate. Pursuant to this section, a school district's
2552	performance assessment is not limited to basing unsatisfactory
2553	performance of instructional personnel and school administrators
2554	upon student performance, but may include other criteria
2555	approved to assess instructional personnel and school
2556	administrators' performance, or any combination of student
2557	performance and other approved criteria. The procedures must
2558	comply with, but are not limited to, the following requirements:
2559	(a)  An assessment must be conducted for each employee at
2560	least once a year. The assessment must be based upon sound
2561	educational principles and contemporary research in effective
2562	educational practices. The assessment must primarily use data
2563	and indicators of improvement in student performance assessed
2564	annually as specified in s. 1008.22 and may consider results of
2565	peer reviews in evaluating the employee's performance. Student
2566	performance must be measured by state assessments required under
2567	s. 1008.22 and by local assessments for subjects and grade
2568	levels not measured by the state assessment program. The
2569	assessment criteria must include, but are not limited to,
2570	indicators that relate to the following:
2571	1.  Performance of students.
2572	2.  Ability to maintain appropriate discipline.
2573	3.  Knowledge of subject matter. The district school board
2574	shall make special provisions for evaluating teachers who are
2575	assigned to teach out-of-field.
2576	4.  Ability to plan and deliver instruction, including
2577	implementation of the rigorous reading requirement pursuant to
2578	s. 1003.415, when applicable, and the use of technology in the
2579	classroom.
2580	5.  Ability to evaluate instructional needs.
2581	6.  Ability to establish and maintain a positive
2582	collaborative relationship with students' families to increase
2583	student achievement.
2584	7.  Other professional competencies, responsibilities, and
2585	requirements as established by rules of the State Board of
2586	Education and policies of the district school board.
2587	Section 48.  Section 1012.986, Florida Statutes, is created
2588	to read:
2589	1012.986  Golden Leadership Academy Program.--
2590	(1)  SHORT TITLE.--This section may be cited as the W.
2591	Cecil Golden School Leadership Act.
2592	(2)  CREATION OF PROGRAM.--There is created the Golden
2593	Leadership Academy (GLA) Program, a high-quality,
2594	competency-based, customized, comprehensive, and coordinated
2595	statewide professional development program that is aligned with
2596	the leadership standards for school leaders adopted by the State
2597	Board of Education. The program shall be administered by the
2598	Department of Education and shall provide leadership training
2599	opportunities for school leaders to enable them to be more
2600	effective instructional leaders, especially in the area of
2601	reading. The program shall provide school leaders with the
2602	opportunity to attain a school leadership designation pursuant
2603	to subsection (3).
2604	(3)  DEFINITION.--As used in this section, the term "school
2605	leader" means a school principal or assistant principal holding
2606	a valid Florida certificate in educational leadership.
2607	(4)  LEADERSHIP DESIGNATIONS.--The Department of Education
2608	shall determine annually, in collaboration with school
2609	principals, thresholds for different leadership designations.
2610	Criteria must emphasize student achievement and learning gains
2611	with a special emphasis on learning gains in high schools.
2612	(5)  GLA PROGRAM REQUIREMENTS.--
2613	(a)  The GLA Program shall be based upon the leadership
2614	standards adopted by the State Board of Education, the standards
2615	of the National Staff Development Council, and the federal
2616	requirements for high-quality professional development under the
2617	No Child Left Behind Act of 2001.
2618	(b)  The GLA Program shall provide a competency-based
2619	approach that utilizes prediagnostic and postdiagnostic
2620	evaluations that shall be used to create an individualized
2621	professional development plan approved by the district school
2622	superintendent. The plan shall be structured to support the
2623	school leader's attainment of the leadership standards adopted
2624	by the State Board of Education.
2625	(c)  The GLA Program shall incorporate instructional
2626	leadership training and effective business practices for
2627	efficient school operations in school leadership training.
2628	(6)  DELIVERY SYSTEM.--The Department of Education shall
2629	deliver the GLA Program through multiple delivery systems,
2630	including:
2631	(a)  Approved school district training programs.
2632	(b)  Interactive technology-based instruction.
2633	(c)  State, regional, or local leadership academies.
2634	(6)  RULES.--The State Board of Education shall adopt rules
2635	pursuant to ss. 120.536(1) and 120.54 to implement the
2636	provisions of this section.
2637	Section 49.  Section 1012.987, Florida Statutes, is
2638	repealed.
2639	Section 50.  Subsection (6) of section 1013.512, Florida
2640	Statutes, is amended to read:
2641	1013.512  Land Acquisition and Facilities Advisory Board.--
2642	(6)  Upon certification by the advisory board that
2643	corrective action has been taken, the Legislative Budget
2644	Commission shall release all funds remaining in reserve. Upon
2645	such release, each Land Acquisition and Facilities Advisory
2646	Board shall be disbanded.
2647	Section 51.  Charter School Task Force.--
2648	(1)  The Charter School Task Force is established to study
2649	and make recommendations regarding charter schools in the state.
2650	(2)  The task force shall, at a minimum:
2651	(a)  Review current application and sponsorship procedures
2652	used throughout the state for the approval of charter schools.
2653	(b)  Examine the sponsorship and organizational structure
2654	of charter schools in other states.
2655	(c)  Investigate alternative means available in the state
2656	to implement changes in the sponsorship of charter schools.
2657	(d)  Review capital outlay funding for charter schools.
2658	(e)  Determine the necessity and most effective methods for
2659	the State Board of Education to sanction school districts and
2660	charter schools for violation of charter school procedural
2661	requirements.
2662	(f)  Conduct meetings throughout the state to receive
2663	public input and consider policy recommendations on issues
2664	related to charter schools.
2665	(g)  Issue a final report and recommendations by December
2666	31, 2005, to the Governor, the President of the Senate, and the
2667	Speaker of the House of Representatives.
2668	(3)  The task force shall consist of:
2669	(a)  Up to four members of the House of Representatives
2670	appointed by the Speaker of the House of Representatives.
2671	(b)  Up to four members of the Senate appointed by the
2672	President of the Senate.
2673	(c)  Five charter school stakeholders appointed by the
2674	Governor. The members shall include a representative of a
2675	charter school, a representative of a school district, a
2676	representative of a statewide association, and a representative
2677	with experience in charter school law and may include the
2678	Commissioner of Education or his or her designee.
2679	(4)  The Governor shall appoint the chair of the task force
2680	from among the appointed members.
2681	(5)  Task force members shall serve without compensation
2682	but are entitled to reimbursement, pursuant to s. 112.061,
2683	Florida Statutes, for per diem and travel expenses incurred in
2684	the performance of their official duties.
2685	(6)  The Department of Education shall provide staff
2686	support for the task force.
2687	Section 52.  Subsections (3), (4), (5), (6), and (7) of
2688	section 20.15, Florida Statutes, are renumbered as subsections
2689	(4), (5), (6), (7), and (8), respectively, and a new subsection
2690	(3) is added to said section to read:
2691	20.15  Department of Education.--There is created a
2692	Department of Education.
2693	(3)  DEPUTY COMMISSIONER OF CAREER EDUCATION.--The
2694	Commissioner of Education shall appoint a Deputy Commissioner of
2695	Career Education pursuant to s. 1014.15 to direct the Office of
2696	Career Education established in s. 1001.20(4).
2697	Section 53.  Subsection (2) of section 446.032, Florida
2698	Statutes, is renumbered as subsection (3) and a new subsection
2699	(2) is added to said section to read:
2700	446.032  General duties of the department for
2701	apprenticeship training.--The department shall:
2702	(2)(a)  Encourage partnerships with registered
2703	apprenticeship programs as a means to address the community's
2704	labor market training needs.
2705	(b)  Require contracts between local educational agencies
2706	and apprenticeship sponsors to delineate:
2707	1.  The scope of services, including, but not limited to,
2708	each party's specific obligations regarding the provision of
2709	equipment, materials, instructors, classroom space, facilities,
2710	labs, or money.
2711	2.  Service level agreements, including appropriate
2712	performance measures.
2713	3.  A detailed description of the direct cost for each
2714	service to be delivered pursuant to the scope of services.
2715
2716	This paragraph shall not be interpreted to require that any
2717	services or materials must be provided by an apprenticeship
2718	sponsor if not required in a contract or that payments must be
2719	made by a local educational agency to an apprenticeship sponsor
2720	for any services or materials other than those required to be
2721	delivered pursuant to a contract.
2722	Section 54.  Section 446.609, Florida Statutes, is
2723	repealed.
2724	Section 55.  Subsection (2) of section 464.019, Florida
2725	Statutes, is amended, and subsection (8) is added to said
2726	section, to read:
2727	464.019  Approval of nursing programs.--
2728	(2)(a)  The board shall adopt rules, applicable to initial
2729	review and conditional approval of a program, regarding
2730	educational objectives, faculty qualifications, curriculum
2731	guidelines, administrative procedures, and clinical training. An
2732	applicant institution shall comply with such rules in order to
2733	obtain conditional program approval. No program shall be
2734	considered fully approved, nor shall any program be exempted
2735	from such rules, prior to the graduation of the program's first
2736	class.
2737	(b)  The board shall adopt rules regarding educational
2738	objectives and curriculum guidelines as are necessary to grant
2739	full approval to a program and to ensure that fully approved
2740	programs graduate nurses capable of competent practice under
2741	this part. Rules regarding educational objectives shall consider
2742	student attrition rate standards, availability of qualified
2743	faculty, and appropriate clinical training facilities. However,
2744	the board shall adopt no rule that prohibits a qualified
2745	institution from placing a student in a facility for clinical
2746	experience, regardless of whether more than one nursing program
2747	is using the same facility for clinical experience.
2748	(c)  The board shall adopt rules governing probation,
2749	suspension, and termination status of programs that fail to
2750	comply with the standards of this part.
2751	(d)  The board shall not adopt any rule limiting the number
2752	of students admitted to a nursing program, provided appropriate
2753	faculty-to-student ratios are maintained, and provided the board
2754	shall not enact any changes to faculty-to-student ratios that
2755	have the effect of limiting capacity in approved nursing
2756	programs unless such changes are based in scientific research
2757	prior to 2004.
2758	(e)  The board, in conjunction with the Florida Center for
2759	Nursing, shall conduct a study of research literature to
2760	evaluate existing rules regarding clinical instruction,
2761	including an assessment of expanding the use of qualified
2762	registered nurses as supervisors and simulation as effective
2763	ways to maximize the opportunities for clinical experiences.
2764	(8)  The board shall work with the Department of Health,
2765	the Department of Education, and the Florida Center for Nursing
2766	to assist any approved nursing program with increasing capacity
2767	to produce more nurses to enter the workforce in the state. Such
2768	assistance may include, but is not limited to:
2769	(a)  Identifying strategies for reducing the demands of
2770	nonclinical requirements on nursing faculty, including
2771	consolidating core requirements across nursing majors and tracks
2772	and identifying courses that are taught in other health and
2773	medical fields that could be jointly offered, taught by non-
2774	nurse faculty, or substituted for nursing courses.
2775	(b)  Developing alternative models of clinical education
2776	that reduce the burden on nursing faculty, including expanding
2777	the use of preceptors, providing more clinical instruction as a
2778	concentrated clinical experience later in the program, and
2779	increasing the use of simulators.
2780	Section 56.  Subsections (4) and (5) are added to section
2781	464.0195, Florida Statutes, to read:
2782	464.0195  Florida Center for Nursing; goals; information
2783	system.--
2784	(4)  The Florida Center for Nursing, in collaboration with
2785	the Department of Health, the Agency for Health Care
2786	Administration, the Agency for Workforce Innovation, and the
2787	Department of Education, and in consultation with the Office of
2788	Program Policy Analysis and Government Accountability, shall
2789	develop and maintain an information system to assess the
2790	workforce needs of the nursing profession in the state. The
2791	information system shall be designed to enable the center to
2792	produce reliable, comparable, and comprehensive data on the
2793	nursing workforce in the state; identify potential nursing
2794	shortages and the areas in which they may occur; assess the
2795	productivity of approved nursing programs, especially in
2796	responding to identified workforce needs; and establish a
2797	registry to link approved nursing programs that need additional
2798	clinical sites or faculty to expand their capacity with licensed
2799	health care providers that may be able to assist in meeting such
2800	needs. Data to support the information system may be collected
2801	as part of the initial and renewal licensure process for both
2802	individuals and health care facilities and as part of the Board
2803	of Nursing program approval process. No later than November 1,
2804	2005, the Florida Center for Nursing shall submit to the
2805	President of the Senate and the Speaker of the House of
2806	Representatives an implementation plan for the information
2807	system, including projected cost and recommended rule changes
2808	that may be required to collect the information necessary for
2809	the system to be successful.
2810	(5)  The information system required by subsection (4)
2811	shall be implemented to the extent funded in the General
2812	Appropriations Act.
2813	Section 57.  Paragraph (v) of subsection (2) of section
2814	1001.02, Florida Statutes, is amended, and paragraph (i) is
2815	added to subsection (7) of said section, to read:
2816	1001.02  General powers of State Board of Education.--
2817	(2)  The State Board of Education has the following duties:
2818	(v)  To develop, with input from the Board of Governors and
2819	the independent postsecondary educational institutions in the
2820	state and periodically review for adjustment, a coordinated 5-
2821	year plan for postsecondary enrollment and annually submit the
2822	plan to the Legislature. The plan shall indicate the capacity of
2823	each sector, including state universities, community colleges,
2824	postsecondary career centers, and independent postsecondary
2825	educational institutions, to respond to the planned enrollment
2826	and estimate the costs to the state of expanding capacity if
2827	necessary to accommodate the enrollment plan. The plan shall be
2828	periodically reviewed for adjustment and submitted to the
2829	Governor, the President of the Senate, and the Speaker of the
2830	House of Representatives no later than December 1 of each year.
2831	(7)  The State Board of Education shall:
2832	(i)  Adopt by rule policies that address the baccalaureate
2833	degree programs at community colleges approved pursuant to s.
2834	1007.33, including, but not limited to, reporting policies and
2835	performance accountability requirements for both upper-division
2836	and lower-division programs.
2837	Section 58.  Paragraph (f) is added to subsection (4) of
2838	section 1001.20, Florida Statutes, to read:
2839	1001.20  Department under direction of state board.--
2840	(4)  The Department of Education shall establish the
2841	following offices within the Office of the Commissioner of
2842	Education which shall coordinate their activities with all other
2843	divisions and offices:
2844	(f)  Office of Career Education.--Responsible for
2845	evaluating the effectiveness of public and private secondary and
2846	postsecondary education programs in providing rigorous career
2847	education; developing in partnership with the business community
2848	and Workforce Florida, Inc., a marketing plan for secondary and
2849	postsecondary career education, including career and
2850	professional academies, to attract secondary and postsecondary
2851	students into careers of critical state need; promoting seamless
2852	articulation throughout the career education system; and
2853	administering the SUCCEED, FLORIDA! Career Paths Program
2854	pursuant to s. 1011.97.
2855	Section 59.  Subsections (1), (2), and (8) of section
2856	1001.64, Florida Statutes, are amended to read:
2857	1001.64  Community college boards of trustees; powers and
2858	duties.--
2859	(1)  The boards of trustees shall be responsible for
2860	cost-effective policy decisions appropriate to the community
2861	college's mission, the implementation and maintenance of
2862	high-quality education programs within law and rules of the
2863	State Board of Education, the measurement of performance, the
2864	reporting of information, and the provision of input regarding
2865	state policy, budgeting, and education standards. Community
2866	colleges may grant baccalaureate degrees pursuant to s. 1007.33
2867	and shall remain under the authority of the State Board of
2868	Education in accordance with current statutory provisions
2869	relating to community colleges as defined in s. 1000.21.
2870	(2)  Each board of trustees is vested with the
2871	responsibility to govern its respective community college and
2872	with such necessary authority as is needed for the proper
2873	operation and improvement thereof in accordance with rules of
2874	the State Board of Education. This authority includes serving as
2875	the governing board for purposes of granting baccalaureate
2876	degrees as authorized in s. 1007.33 and approved by the State
2877	Board of Education.
2878	(8)  Each board of trustees has authority for policies
2879	related to students, enrollment of students, student records,
2880	student activities, financial assistance, and other student
2881	services.
2882	(a)  Each board of trustees shall govern admission of
2883	students pursuant to s. 1007.263 and rules of the State Board of
2884	Education. A board of trustees may establish additional
2885	admissions criteria, which shall be included in the district
2886	interinstitutional articulation agreement developed according to
2887	s. 1007.235, to ensure student readiness for postsecondary
2888	instruction. Each board of trustees may consider the past
2889	actions of any person applying for admission or enrollment and
2890	may deny admission or enrollment to an applicant because of
2891	misconduct if determined to be in the best interest of the
2892	community college.
2893	(b)  Each board of trustees shall adopt rules establishing
2894	student performance standards for the award of degrees and
2895	certificates pursuant to s. 1004.68. The board of trustees of a
2896	community college that is authorized to grant a baccalaureate
2897	degree under s. 1007.33 may continue to award degrees, diplomas,
2898	and certificates as authorized for the college, and in the name
2899	of the college, until the college receives any necessary changes
2900	to its accreditation.
2901	(c)  Each board of trustees shall establish tuition and
2902	out-of-state fees for approved baccalaureate degree programs,
2903	consistent with law and proviso language in the General
2904	Appropriations Act.
2905	(d)(c)  Boards of trustees are authorized to establish
2906	intrainstitutional and interinstitutional programs to maximize
2907	articulation pursuant to s. 1007.22.
2908	(e)(d)  Boards of trustees shall identify their core
2909	curricula, which shall include courses required by the State
2910	Board of Education, pursuant to the provisions of s. 1007.25(6).
2911	(f)(e)  Each board of trustees must adopt a written
2912	antihazing policy, provide a program for the enforcement of such
2913	rules, and adopt appropriate penalties for violations of such
2914	rules pursuant to the provisions of s. 1006.63(1)-(3).
2915	(g)(f)  Each board of trustees may establish a uniform code
2916	of conduct and appropriate penalties for violation of its rules
2917	by students and student organizations, including rules governing
2918	student academic honesty. Such penalties, unless otherwise
2919	provided by law, may include fines, the withholding of diplomas
2920	or transcripts pending compliance with rules or payment of
2921	fines, and the imposition of probation, suspension, or
2922	dismissal.
2923	(h)(g)  Each board of trustees pursuant to s. 1006.53 shall
2924	adopt a policy in accordance with rules of the State Board of
2925	Education that reasonably accommodates the religious observance,
2926	practice, and belief of individual students in regard to
2927	admissions, class attendance, and the scheduling of examinations
2928	and work assignments.
2929	(i)  Each board of trustees shall adopt a policy providing
2930	that faculty who teach upper-division courses that are a
2931	component part of a baccalaureate degree program must meet the
2932	requirements of s. 1012.82.
2933	Section 60.  Paragraphs (a) and (d) of subsection (2) of
2934	section 1002.23, Florida Statutes, are amended to read:
2935	1002.23  Family and School Partnership for Student
2936	Achievement Act.--
2937	(2)  To facilitate meaningful parent and family
2938	involvement, the Department of Education shall develop
2939	guidelines for a parent guide to successful student achievement
2940	which describes what parents need to know about their child's
2941	educational progress and how they can help their child to
2942	succeed in school. The guidelines shall include, but need not be
2943	limited to:
2944	(a)  Parental information regarding:
2945	1.  Requirements for their child to be promoted to the next
2946	grade, as provided for in s. 1008.25;
2947	2.  Progress of their child toward achieving state and
2948	district expectations for academic proficiency;
2949	3.  Assessment results, including report cards and progress
2950	reports; and
2951	4.  Qualifications of their child's teachers; and
2952	5.  Availability of the secondary and postsecondary
2953	academic and career education online student advising and
2954	guidance system described in s. 1006.01;
2955	(d)  Opportunities for parents to learn about rigorous
2956	academic programs that may be available for their child, such as
2957	honors programs, dual enrollment, advanced placement,
2958	International Baccalaureate, Florida Virtual High School
2959	courses, career and professional academies, and accelerated
2960	access to postsecondary education;
2961	Section 61.  Section 1003.492, Florida Statutes, is amended
2962	to read:
2963	1003.492  Industry-certified career education programs.--
2964	(1)  A career education program within a comprehensive high
2965	school program of study shall be coordinated with the
2966	appropriate industry indicating that all components of the
2967	program are relevant and appropriate to prepare the student for
2968	further education or for employment in that industry.
2969	(2)  The State Board of Education shall adopt rules
2970	pursuant to ss. 120.536(1) and 120.54 for implementing an
2971	industry certification process, which rules must establish any
2972	necessary procedures for obtaining appropriate business partners
2973	and requirements for business and industry involvement in
2974	curriculum oversight and equipment procurement.
2975	(3)  The Department of Education shall study student
2976	performance in industry-certified career education programs. The
2977	department shall identify districts that currently operate
2978	industry-certified career education programs. The study shall
2979	examine the performance of participating students over time.
2980	Performance factors shall include, but not be limited to,
2981	graduation rates, retention rates, additional educational
2982	attainment, employment records, earnings, and industry
2983	satisfaction. The results of this study shall be submitted to
2984	the President of the Senate and the Speaker of the House of
2985	Representatives by December 31, 2004.
2986	(4)  The Department of Education shall conduct a study to
2987	determine if a cost factor should be applied to industry-
2988	certified career education programs and review the need for
2989	startup funding for the programs. The study shall be completed
2990	by December 31, 2004, and shall be submitted to the President of
2991	the Senate and the Speaker of the House of Representatives.
2992	Section 62.  Section 1004.85, Florida Statutes, is
2993	renumbered as section 1004.045, Florida Statutes, and paragraphs
2994	(e), (f), and (g) are added to subsection (2) of said section to
2995	read:
2996	1004.045 1004.85  Postsecondary educator preparation
2997	institutes.--
2998	(2)  Postsecondary institutions that are accredited or
2999	approved as described in state board rule may seek approval from
3000	the Department of Education to create educator preparation
3001	institutes for the purpose of providing any or all of the
3002	following:
3003	(e)  Instruction to assist associate degree holders who
3004	have business experience in demonstrating teaching competencies
3005	for career education courses in the specific area relating to
3006	their business experience.
3007	(f)  Professional development instruction to assist career
3008	education teachers in delivering a career education curriculum
3009	in a relevant context with student-centered, research-based
3010	instructional strategies and a rigorous standards-based academic
3011	curriculum.
3012	(g)  Professional development instruction to assist
3013	guidance counselors in using a mentor-teacher guidance model.
3014	Section 63.  Section 1004.226, Florida Statutes, is created
3015	to read:
3016	1004.226  Florida technology development; centers of
3017	excellence.--
3018	(1)  The term "center of excellence," as used in this
3019	section, means an organization of personnel, facilities, and
3020	equipment established at or in collaboration with one or more
3021	universities in Florida to accomplish the purposes and
3022	objectives set forth in this section. The purposes and
3023	objectives of a center of excellence include:
3024	(a)  Identifying and pursuing opportunities for university
3025	scholars, research center scientists and engineers, and private
3026	businesses to form collaborative partnerships to foster and
3027	promote the research required to develop commercially promising,
3028	advanced, and innovative technologies and to transfer those
3029	technologies to commercial sectors.
3030	(b)  Acquiring and leveraging public and private sector
3031	funding to provide the totality of funds, personnel, facilities,
3032	equipment, and other resources needed to support the research
3033	required to develop commercially promising, advanced, and
3034	innovative technologies and to transfer those technologies to
3035	commercial sectors.
3036	(c)  Recruiting and retaining world class scholars, high-
3037	performing students, and leading scientists and engineers in
3038	technology disciplines to engage in research in this state to
3039	develop commercially promising, advanced, and innovative
3040	technologies.
3041	(d)  Enhancing and expanding technology curricula and
3042	laboratory resources at universities in this state.
3043	(e)  Increasing the number of high-performing students in
3044	technology disciplines who graduate from universities in this
3045	state and pursue careers in this state.
3046	(f)  Stimulating and supporting the inception, growth, and
3047	diversification of technology-based businesses and ventures in
3048	Florida and increasing employment opportunities for the
3049	workforce needed to support such businesses.
3050	(2)  The State Board of Education shall notify the
3051	president of each university in the state of the opportunity to
3052	submit to the state board a written proposal for establishing a
3053	center of excellence under this section or expanding a center of
3054	excellence designated under former s. 1004.225. A proposal from
3055	a university must be submitted to the state board before
3056	November 1, 2005.
3057	(3)(a)  By February 15, 2006, the State Board of Education,
3058	in consultation with the Florida Research Consortium, shall
3059	develop a plan for establishing or expanding one or more centers
3060	of excellence from proposals submitted pursuant to subsection
3061	(2) and shall authorize expenditures for implementing the plan.
3062	(b)  The plan must include performance and accountability
3063	measures that can be used to assess the progress of plan
3064	implementation and the success of each center of excellence that
3065	receives funding under the plan. By March 1, 2006, the State
3066	Board of Education shall provide a copy of the plan to the
3067	Governor, the President of the Senate, and the Speaker of the
3068	House of Representatives.
3069	(4)  Beginning July 1, 2006, the State Board of Education
3070	shall report annually to the Governor, the President of the
3071	Senate, and the Speaker of the House of Representatives on the
3072	progress in implementing the plan developed under subsection (3)
3073	and the success of each center of excellence that receives
3074	funding under that plan.
3075	(5)  This program shall be implemented to the extent funds
3076	are provided in the General Appropriations Act.
3077	Section 64.  Subsection (1), paragraph (a) of subsection
3078	(7), and subsection (9) of section 1004.65, Florida Statutes,
3079	are amended, and subsection (10) is added to said section, to
3080	read:
3081	1004.65  Community colleges; definition, mission, and
3082	responsibilities.--
3083	(1)  Community colleges shall consist of all public
3084	educational institutions identified in s. 1000.21(3). Community
3085	colleges, including colleges that have been approved to offer
3086	baccalaureate degree programs pursuant to s. 1007.33, shall be
3087	operated by community college district boards of trustees under
3088	statutory authority and rules of the State Board of Education.
3089	Except as otherwise provided in law, all laws and rules that
3090	relate to community colleges apply to community colleges
3091	authorized to offer baccalaureate degree programs pursuant to s.
3092	1007.33.
3093	(7)  A separate and secondary role for community colleges
3094	includes:
3095	(a)  Providing upper level instruction and awarding
3096	baccalaureate degrees as specifically authorized by law. A
3097	community college that is approved to offer baccalaureate degree
3098	programs shall maintain its primary mission pursuant to
3099	subsection (6) and may not terminate associate in arts or
3100	associate in science degree programs as a result of the
3101	authorization to offer baccalaureate degree programs.
3102	(9)  Community colleges are authorized to offer such
3103	programs and courses as are necessary to fulfill their mission
3104	and are authorized to grant associate in arts degrees, associate
3105	in science degrees, associate in applied science degrees,
3106	certificates, awards, and diplomas. Each community college is
3107	also authorized to make provisions for the General Educational
3108	Development test. Each community college may provide access to
3109	and award baccalaureate degrees in accordance with law.
3110	(10)  A community college may not offer graduate programs.
3111	Section 65.  Subsection (3) is added to section 1004.68,
3112	Florida Statutes, to read:
3113	1004.68  Community college; degrees and certificates; tests
3114	for certain skills.--
3115	(3)  The board of trustees of a community college
3116	authorized to grant baccalaureate degrees pursuant to s. 1007.33
3117	may continue to award degrees, diplomas, and certificates as
3118	authorized for the college, and in the name of the college,
3119	until the community college receives any necessary changes to
3120	its accreditation.
3121	Section 66.  Section 1006.01, Florida Statutes, is created
3122	to read:
3123	1006.01  Enhanced secondary and postsecondary academic and
3124	career education online student advising and guidance
3125	system.--The Department of Education shall enhance the student
3126	advising system described in s. 1007.28 into a secondary and
3127	postsecondary academic and career education online student
3128	advising and guidance system. In addition to the requirements of
3129	s. 1007.28, the enhanced system must:
3130	(1)  Provide access to information from regional workforce
3131	boards on local careers and careers that are critical state
3132	needs and the secondary and postsecondary career education
3133	necessary to enter these careers.
3134	(2)  Provide continuous secondary and postsecondary career
3135	education guidance beginning in middle school and store student
3136	information until completion of the student's education.
3137	Section 67.  Subsection (1) of section 1006.02, Florida
3138	Statutes, is amended to read:
3139	1006.02  Provision of information to students and parents
3140	regarding school-to-work transition.--
3141	(1)  To facilitate each student's ability to easily and
3142	seamlessly combine academic and rigorous career education
3143	courses throughout the educational experience, each school
3144	district all public K-12 schools shall document as part of its
3145	guidance report required pursuant to s. 1006.025 that every
3146	middle and high school student has used the secondary and
3147	postsecondary academic and career education online student
3148	advising and guidance system described in s. 1006.01 as part of
3149	the student's career exploration and planning process. The
3150	report must include the manner in which they have prepared
3151	students to enter the workforce, including information regarding
3152	the provision of accurate, timely career and curricular
3153	counseling to middle school and high school students. This
3154	information shall include a delineation of available career
3155	opportunities, educational requirements associated with each
3156	career, educational institutions that prepare students to enter
3157	each career, and student financial aid available to enable
3158	students to pursue any postsecondary instruction required to
3159	enter that career. This information shall also delineate school
3160	procedures for identifying individual student interests and
3161	aptitudes which enable students to make informed decisions about
3162	the curriculum that best addresses their individual interests
3163	and aptitudes while preparing them to enroll in postsecondary
3164	education and enter the workforce. This information shall
3165	include recommended high school coursework that prepares
3166	students for success in college-level work. The information
3167	shall be made known to parents and students annually through
3168	inclusion in the school's handbook, manual, or similar documents
3169	or other communications regularly provided to parents and
3170	students.
3171	Section 68.  Paragraph (f) of subsection (2) of section
3172	1006.025, Florida Statutes, is amended to read:
3173	1006.025  Guidance services.--
3174	(2)  The guidance report shall include, but not be limited
3175	to, the following:
3176	(f)  Actions taken to provide information to students for
3177	the school-to-work transition and documentation that every
3178	middle and high school student has used the secondary and
3179	postsecondary academic and career education online student
3180	advising and guidance system described in s. 1006.01 for the
3181	student's career exploration and planning process pursuant to s.
3182	1006.02.
3183	Section 69.  Paragraph (c) of subsection (3) of section
3184	1007.2615, Florida Statutes, is amended to read:
3185	1007.2615  American Sign Language; findings; foreign-
3186	language credits authorized; teacher licensing.--
3187	(3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
3188	EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
3189	FOR POSTSECONDARY EDUCATION PROVIDERS.--
3190	(c)  An ASL teacher must be certified by the Department of
3191	Education by January 1, 2009 2008, and must obtain current
3192	certification through the Florida American Sign Language
3193	Teachers' Association (FASLTA) by January 1, 2006. New FASLTA
3194	certification may be used by current ASL teachers as an
3195	alternative certification track.
3196	Section 70.  Subsections (1), (2), (4), (5), (6), (11), and
3197	(13) of section 1007.271, Florida Statutes, are amended to read:
3198	1007.271  Dual enrollment programs.--
3199	(1)  The dual enrollment program is the enrollment of an
3200	eligible secondary student or home education student in a
3201	postsecondary course creditable toward high school completion
3202	and a career certificate or an associate or baccalaureate
3203	degree.
3204	(2)  For the purpose of this section, an eligible secondary
3205	student is a student who is enrolled in a Florida public
3206	secondary school or in a Florida private secondary school which
3207	is in compliance with s. 1002.42(2) and conducts a secondary
3208	curriculum pursuant to s. 1003.43. Students enrolled in
3209	postsecondary instruction that is not creditable toward the high
3210	school diploma shall not be classified as dual enrollments.
3211	Students who are eligible for dual enrollment pursuant to this
3212	section shall be permitted to enroll in dual enrollment courses
3213	conducted during school hours, after school hours, and during
3214	the summer term. Instructional time for such enrollment may
3215	exceed 900 hours; however, the school district may only report
3216	the student for a maximum of 1.0 FTE, as provided in s.
3217	1011.61(4). Dual enrollment instruction of high school students
3218	that is eligible for high school and postsecondary credit shall
3219	be reported by the school district in an amount equal to the
3220	hours of instruction that would be necessary to earn the FTE
3221	for the equivalent course if it were taught in the school
3222	district. Any student so enrolled is exempt from the payment of
3223	registration, tuition, and laboratory fees. Vocational-
3224	preparatory instruction, college-preparatory instruction and
3225	other forms of precollegiate instruction, as well as physical
3226	education courses that focus on the physical execution of a
3227	skill rather than the intellectual attributes of the activity,
3228	are ineligible for inclusion in the dual enrollment program.
3229	Recreation and leisure studies courses shall be evaluated
3230	individually in the same manner as physical education courses
3231	for potential inclusion in the program.
3232	(4)  Career dual enrollment shall be provided as a
3233	curricular option for secondary students to pursue in order to
3234	earn a series of elective credits toward the high school
3235	diploma. However, career dual enrollment shall not supplant
3236	student acquisition of the diploma. Career dual enrollment shall
3237	be available for secondary students seeking a degree or
3238	certificate from a complete career-preparatory program and shall
3239	not be used to enroll students, but shall not sustain student
3240	enrollment in isolated career courses. It is the intent of the
3241	Legislature that career dual enrollment provide reflect the
3242	interests and aptitudes of the student. The provision of a
3243	comprehensive academic and career dual enrollment program within
3244	the career center or community college is supportive of
3245	legislative intent; however, such provision is not mandatory.
3246	(5)  Each district school board shall inform all secondary
3247	students of dual enrollment as an educational option and
3248	mechanism for acceleration. Students shall be informed of
3249	eligibility criteria, the option for taking dual enrollment
3250	courses beyond the regular school year, and the 24 minimum
3251	academic credits required for graduation. District school boards
3252	shall annually assess the demand for dual enrollment and other
3253	advanced courses, and the district school board shall consider
3254	strategies and programs to meet that demand.
3255	(6)  The Commissioner of Education shall appoint faculty
3256	committees representing public school, community college, and
3257	university faculties to identify postsecondary courses that meet
3258	the high school graduation requirements of s. 1003.43, and to
3259	establish the number of postsecondary semester credit hours of
3260	instruction and equivalent high school credits earned through
3261	dual enrollment pursuant to this section that are necessary to
3262	meet high school graduation requirements. Such equivalencies
3263	shall be determined solely on comparable course content and not
3264	on seat time traditionally allocated to such courses in high
3265	school. The Commissioner of Education shall recommend to the
3266	State Board of Education those postsecondary courses identified
3267	to meet high school graduation requirements, based on mastery of
3268	course outcomes, by their statewide course numbers number, and
3269	all high schools shall accept these postsecondary education
3270	courses toward meeting the requirements of s. 1003.43.
3271	(11)  The Department of Education shall approve any course
3272	for inclusion in the dual enrollment program that is contained
3273	within the statewide course numbering system. However, college-
3274	preparatory and other forms of precollegiate instruction, and
3275	physical education and other courses that focus on the physical
3276	execution of a skill rather than the intellectual attributes of
3277	the activity, may not be so approved, but must be evaluated
3278	individually for potential inclusion in the dual enrollment
3279	program. This subsection does not mean that an independent
3280	postsecondary institution eligible for inclusion in a dual
3281	enrollment or early admission program pursuant to s. 1011.62
3282	must participate in the statewide course numbering system
3283	developed pursuant to s. 1007.24 to participate in a dual
3284	enrollment program.
3285	(13)  It is the intent of the Legislature that Students who
3286	meet the eligibility requirements of this section subsection and
3287	who choose to participate in dual enrollment programs are be
3288	exempt from the payment of registration, tuition, and laboratory
3289	fees.
3290	Section 71.  Section 1007.33, Florida Statutes, is amended
3291	to read:
3292	1007.33  Site-determined baccalaureate degree access.--
3293	(1)  The Legislature recognizes that public and private
3294	postsecondary educational institutions play essential roles in
3295	improving the quality of life and economic well-being of the
3296	state and its residents. The Legislature also recognizes that
3297	economic development needs and the educational needs of place-
3298	bound, nontraditional students have increased the demand for
3299	local access to baccalaureate degree programs. In some, but not
3300	all, geographic regions, baccalaureate degree programs are being
3301	delivered successfully at the local community college through
3302	agreements between the community college and 4-year
3303	postsecondary institutions within or outside of the state. It is
3304	therefore the intent of the Legislature to further expand access
3305	for Florida residents to baccalaureate degree programs and to
3306	provide baccalaureate degree programs that meet critical
3307	workforce needs through the use of community colleges.
3308	(2)  A community college may enter into a formal agreement
3309	pursuant to the provisions of s. 1007.22 for the delivery of
3310	specified baccalaureate degree programs.
3311	(3)  A community college may develop a proposal to deliver
3312	specified baccalaureate degree programs in its district to meet
3313	local workforce needs or to expand access to postsecondary
3314	education for diverse, nontraditional, or geographically bound
3315	students. The proposal must be approved by the board of trustees
3316	of the community college.
3317	(a)  To be eligible to receive state funding to support the
3318	proposed program at the baccalaureate level, the proposal must
3319	be submitted to the State Board of Education for approval in
3320	accordance with timelines and guidelines adopted by the state
3321	board and. The community college's proposal must include the
3322	following information:
3323	1.(a)  Documentation of the demand for the baccalaureate
3324	degree program as is identified by the workforce development
3325	board, local businesses and industry, local chambers of
3326	commerce, and potential students who must be residents of the
3327	state.
3328	2.(b)  Documentation of the unmet need for graduates of the
3329	proposed degree program is substantiated.
3330	3.(c)  Documentation that the community college has the
3331	facilities and academic resources to deliver the program.
3332	4.  Documentation that alternative attempts were made to
3333	meet the identified need, such as distance learning and
3334	partnerships with other public or private postsecondary
3335	educational institutions, or justification for not pursuing such
3336	alternatives.
3337	5.  A 5-year financial plan that details steps to ensure
3338	that the per-credit-hour costs of the program at the end of the
3339	5-year period will be less than the costs of similar programs at
3340	state universities.
3341	(b)  Upon receipt of a proposal submitted pursuant to
3342	paragraph (a), the State Board of Education must make the
3343	proposal available to other public and private postsecondary
3344	educational institutions for 60 days for review and comment,
3345	including the opportunity for such institutions to submit
3346	alternative proposals to the State Board of Education for
3347	meeting the stated need.
3348	(c)  The State Board of Education may approve, deny, or
3349	require revisions to a proposal submitted by a community college
3350	pursuant to paragraph (a) or an alternative proposal submitted
3351	pursuant to paragraph (b).
3352
3353	A The proposal must be submitted to the Council for Education
3354	Policy Research and Improvement for review and comment. Upon
3355	approval of the State Board of Education for the specific degree
3356	program or programs, the community college approved to offer
3357	baccalaureate degrees pursuant to this subsection shall pursue
3358	regional accreditation by the Commission on Colleges of the
3359	Southern Association of Colleges and Schools. Any additional
3360	baccalaureate degree program programs the community college
3361	wishes to offer must be approved by the State Board of Education
3362	pursuant to the process outlined in this subsection in order for
3363	the community college to receive state funding for the program
3364	at the baccalaureate level.
3365	(4)  Any baccalaureate degree program authorized at a
3366	community college pursuant to the provisions of this section
3367	must be evaluated by the board of trustees of the community
3368	college every 5 years to determine the cost-effectiveness of the
3369	program, the effectiveness of the program in providing access to
3370	baccalaureate degrees for Florida residents and meeting local
3371	workforce needs, and the impact of the program on the college's
3372	primary mission of providing associate degrees. A copy of the
3373	evaluation must be submitted to the State Board of Education,
3374	the Executive Office of the Governor, the President of the
3375	Senate, and the Speaker of the House of Representatives.
3376	Programs that have excessive per-credit-hour costs, fail to
3377	provide meaningful access to baccalaureate degrees for Florida
3378	residents, no longer meet workforce needs, or hinder a community
3379	college's primary mission may lose eligibility for state funding
3380	as a baccalaureate degree program.
3381	(5)(4)  A community college may not terminate its associate
3382	in arts or associate in science degree programs as a result of
3383	the authorization provided pursuant to this section in
3384	subsection (3). The Legislature intends that the primary mission
3385	of a community college, including a community college that
3386	offers baccalaureate degree programs, continues to be the
3387	provision of associate degrees that provide access to a
3388	university.
3389	(6)  The State Board of Education shall adopt rules to
3390	administer this section.
3391	Section 72.  Section 1009.21, Florida Statutes, is amended
3392	to read:
3393	1009.21  Determination of resident status for tuition
3394	purposes; exemption.--Students shall be classified as residents
3395	or nonresidents for the purpose of assessing tuition in
3396	community colleges and state universities and for the purpose of
3397	assessing tuition for instruction in workforce education
3398	programs offered by school districts.
3399	(1)  As used in this section, the term:
3400	(a)  The term "Dependent child" means any person, whether
3401	or not living with his or her parent, who is eligible to be
3402	claimed by his or her parent as a dependent under the federal
3403	income tax code and who receives at least 51 percent of the true
3404	cost-of-living expenses from his or her parent, as further
3405	defined in rules of the department and postsecondary residential
3406	guidelines.
3407	(b)  "Initial enrollment" means the first day of class.
3408	(c)(b)  The term "Institution of higher education" means
3409	any public community college or state university.
3410	(d)(c)  A "Legal resident" or "resident" means is a person
3411	who has maintained his or her residence in this state for the
3412	preceding year, has purchased a home which is occupied by him or
3413	her as his or her residence, or has established a domicile in
3414	this state pursuant to s. 222.17.
3415	(e)  "Nonresident for tuition purposes" means a person who
3416	does not qualify for the in-state tuition rate.
3417	(f)(d)  The term "Parent" means the natural or adoptive
3418	parent or legal guardian of a dependent child.
3419	(g)(e)  A "Resident for tuition purposes" means is a person
3420	who qualifies as provided in subsection (2) for the in-state
3421	tuition rate; a "nonresident for tuition purposes" is a person
3422	who does not qualify for the in-state tuition rate.
3423	(2)(a)  To qualify as a resident for tuition purposes:
3424	1.  A person or, if that person is a dependent child, his
3425	or her parent or parents must have established legal residence
3426	in this state and must have maintained legal residence in this
3427	state for at least 12 consecutive months immediately prior to
3428	his or her initial enrollment in a postsecondary education
3429	program in this state qualification.
3430	2.  Every applicant for admission to an institution of
3431	higher education or to a workforce education program offered by
3432	a school district shall be required to make a statement as to
3433	his or her length of residence in the state and, further, shall
3434	establish that his or her presence or, if the applicant is a
3435	dependent child, the presence of his or her parent or parents in
3436	the state currently is, and during the requisite 12-month
3437	qualifying period was, for the purpose of maintaining a bona
3438	fide domicile, rather than for the purpose of maintaining a mere
3439	temporary residence or abode incident to enrollment in an
3440	institution of higher education or a workforce education program
3441	offered by a school district.
3442	3.  Each institution of higher education or each school
3443	district that offers a workforce education program must
3444	determine whether an applicant who has been granted admission is
3445	a dependent child.
3446	4.  Each institution of higher education or each school
3447	district that offers a workforce education program must
3448	affirmatively determine that an applicant who has been granted
3449	admission as a Florida resident meets the residency requirements
3450	of this section at the time of initial enrollment.
3451	(b)  However, with respect to a dependent child living with
3452	an adult relative other than the child's parent, such child may
3453	qualify as a resident for tuition purposes if the adult relative
3454	is a legal resident who has maintained legal residence in this
3455	state for at least 12 consecutive months immediately prior to
3456	the child's initial enrollment in a postsecondary education
3457	program in this state qualification, provided the child has
3458	resided continuously with such relative for the 5 years
3459	immediately prior to the child's initial enrollment
3460	qualification, during which time the adult relative has
3461	exercised day-to-day care, supervision, and control of the
3462	child.
3463	(c)  The legal residence of a dependent child whose parents
3464	are divorced, separated, or otherwise living apart will be
3465	deemed to be this state if either parent is a legal resident of
3466	this state, regardless of which parent is entitled to claim, and
3467	does in fact claim, the minor as a dependent pursuant to federal
3468	individual income tax provisions.
3469	(d)  A person who is classified as a nonresident for
3470	tuition purposes may become eligible for reclassification as a
3471	resident for tuition purposes if that person or, if that person
3472	is a dependent child, his or her parent presents documentation
3473	that supports permanent residency in this state rather than
3474	temporary residency for the purpose of pursuing an education,
3475	such as documentation of full-time permanent employment for the
3476	previous 12 months or the purchase of a home in this state and
3477	residence therein for the prior 12 months. If a person who is a
3478	dependent child and his or her parent move to this state while
3479	such child is a high school student and the child graduates from
3480	a high school in this state, the child may become eligible for
3481	reclassification as a resident for tuition purposes when the
3482	parent qualifies for permanent residency.
3483	(3)  An individual shall not be classified as a resident
3484	for tuition purposes and, thus, shall not be eligible to receive
3485	the in-state tuition rate until he or she has provided such
3486	evidence related to legal residence and its duration or, if that
3487	individual is a dependent child, documentation of his or her
3488	parent's legal residence and its duration, as well as
3489	documentation confirming his or her status as a dependent child,
3490	as may be required by law and by officials of the institution of
3491	higher education or officials of the school district offering
3492	the workforce education program from which he or she seeks the
3493	in-state tuition rate.
3494	(4)  With respect to a dependent child, the legal residence
3495	of such individual's parent or parents is prima facie evidence
3496	of the individual's legal residence, which evidence may be
3497	reinforced or rebutted, relative to the age and general
3498	circumstances of the individual, by the other evidence of legal
3499	residence required of or presented by the individual. However,
3500	the legal residence of an individual whose parent or parents are
3501	domiciled outside this state is not prima facie evidence of the
3502	individual's legal residence if that individual has lived in
3503	this state for 5 consecutive years prior to enrolling or
3504	reregistering at the institution of higher education or
3505	enrolling or reregistering in a workforce education program
3506	offered by a school district at which resident status for
3507	tuition purposes is sought.
3508	(5)  In making a domiciliary determination related to the
3509	classification of a person as a resident or nonresident for
3510	tuition purposes, the domicile of a married person, irrespective
3511	of sex, shall be determined, as in the case of an unmarried
3512	person, by reference to all relevant evidence of domiciliary
3513	intent. For the purposes of this section:
3514	(a)  A person shall not be precluded from establishing or
3515	maintaining legal residence in this state and subsequently
3516	qualifying or continuing to qualify as a resident for tuition
3517	purposes solely by reason of marriage to a person domiciled
3518	outside this state, even when that person's spouse continues to
3519	be domiciled outside of this state, provided such person
3520	maintains his or her legal residence in this state.
3521	(b)  A person shall not be deemed to have established or
3522	maintained a legal residence in this state and subsequently to
3523	have qualified or continued to qualify as a resident for tuition
3524	purposes solely by reason of marriage to a person domiciled in
3525	this state.
3526	(c)  In determining the domicile of a married person,
3527	irrespective of sex, the fact of the marriage and the place of
3528	domicile of such person's spouse shall be deemed relevant
3529	evidence to be considered in ascertaining domiciliary intent.
3530	(6)  Any nonresident person, irrespective of sex, who
3531	marries a legal resident of this state or marries a person who
3532	later becomes a legal resident may, upon becoming a legal
3533	resident of this state, accede to the benefit of the spouse's
3534	immediately precedent duration as a legal resident for purposes
3535	of satisfying the 12-month durational requirement of this
3536	section.
3537	(7)  A person shall not lose his or her resident status for
3538	tuition purposes solely by reason of serving, or, if such person
3539	is a dependent child, by reason of his or her parent's or
3540	parents' serving, in the Armed Forces outside this state.
3541	(8)  A person who has been properly classified as a
3542	resident for tuition purposes but who, while enrolled in an
3543	institution of higher education or a workforce education program
3544	offered by a school district in this state, loses his or her
3545	resident tuition status because the person or, if he or she is a
3546	dependent child, the person's parent or parents establish
3547	domicile or legal residence elsewhere shall continue to enjoy
3548	the in-state tuition rate for a statutory grace period, which
3549	period shall be measured from the date on which the
3550	circumstances arose that culminated in the loss of resident
3551	tuition status and shall continue for 12 months. However, if the
3552	12-month grace period ends during a semester or academic term
3553	for which such former resident is enrolled, such grace period
3554	shall be extended to the end of that semester or academic term.
3555	(9)  Any person who ceases to be enrolled in at or who
3556	graduates from an institution of higher education or a workforce
3557	education program offered by a school district while classified
3558	as a resident for tuition purposes and who subsequently abandons
3559	his or her domicile in this state shall be permitted to reenroll
3560	in at an institution of higher education or a workforce
3561	education program offered by a school district in this state as
3562	a resident for tuition purposes without the necessity of meeting
3563	the 12-month durational requirement of this section if that
3564	person has reestablished his or her domicile in this state
3565	within 12 months of such abandonment and continuously maintains
3566	the reestablished domicile during the period of enrollment. The
3567	benefit of this subsection shall not be accorded more than once
3568	to any one person.
3569	(10)  The following persons shall be classified as
3570	residents for tuition purposes:
3571	(a)  Active duty members of the Armed Services of the
3572	United States residing or stationed in this state, their
3573	spouses, and dependent children, and active members of the
3574	Florida National Guard who qualify under s. 250.10(7) and (8)
3575	for the tuition assistance program.
3576	(b)  Active duty members of the Armed Services of the
3577	United States, and their spouses and dependent children,
3578	dependents attending a public community college or state
3579	university within 50 miles of the military establishment where
3580	they are stationed, if such military establishment is within a
3581	county contiguous to Florida.
3582	(c)  United States citizens living on the Isthmus of
3583	Panama, who have completed 12 consecutive months of college work
3584	at the Florida State University Panama Canal Branch, and their
3585	spouses and dependent children.
3586	(d)  Full-time instructional and administrative personnel
3587	employed by state public schools, community colleges, and
3588	institutions of higher education, as defined in s. 1000.04, and
3589	their spouses and dependent children.
3590	(e)  Students from Latin America and the Caribbean who
3591	receive scholarships from the federal or state government. Any
3592	student classified pursuant to this paragraph shall attend, on a
3593	full-time basis, a Florida institution of higher education.
3594	(f)  Southern Regional Education Board's Academic Common
3595	Market graduate students attending Florida's state universities.
3596	(g)  Full-time employees of state agencies or political
3597	subdivisions of the state when the student fees are paid by the
3598	state agency or political subdivision for the purpose of job-
3599	related law enforcement or corrections training.
3600	(h)  McKnight Doctoral Fellows and Finalists who are United
3601	States citizens.
3602	(i)  United States citizens living outside the United
3603	States who are teaching at a Department of Defense Dependent
3604	School or in an American International School and who enroll in
3605	a graduate level education program which leads to a Florida
3606	teaching certificate.
3607	(j)  Active duty members of the Canadian military residing
3608	or stationed in this state under the North American Aerospace
3609	Defense Command Air Defense (NORAD) agreement, and their spouses
3610	and dependent children, attending a community college or state
3611	university within 50 miles of the military establishment where
3612	they are stationed.
3613	(k)  Active duty members of a foreign nation's military who
3614	are serving as liaison officers and are residing or stationed in
3615	this state, and their spouses and dependent children, attending
3616	a community college or state university within 50 miles of the
3617	military establishment where the foreign liaison officer is
3618	stationed.
3619	(l)  Full-time employees of international multilateral
3620	organizations based in Florida that are recognized by the United
3621	States Department of State and their spouses and dependent
3622	children.
3623	(11)  A student, other than a nonimmigrant alien within the
3624	meaning of 8 U.S.C. s. 1101(a)(15), who meets all of the
3625	following requirements may apply for an exemption from paying
3626	nonresident tuition at community colleges and state
3627	universities:
3628	(a)  The student has resided in Florida with a parent, as
3629	defined in paragraph (1)(f), for at least 3 consecutive years
3630	immediately preceding the date the student received a high
3631	school diploma or its equivalent and has attended a Florida high
3632	school for at least 3 consecutive school years during such time.
3633	(b)  The student has registered and enrolled in a community
3634	college or a state university. The student may apply for a term
3635	deferral of any out-of-state fee assessed by the institution
3636	until eligibility for the exemption is determined.
3637	(c)  The student has provided the community college or
3638	state university an affidavit stating that the student will file
3639	an application to become a permanent resident of the United
3640	States at the earliest opportunity he or she is eligible to do
3641	so.
3642	(d)  The student has submitted an application for the
3643	exemption to the community college or state university in the
3644	manner prescribed by the Department of Education.
3645
3646	The exemption authorized pursuant to this subsection shall be
3647	limited to the top 2,000 students in academic performance in
3648	Florida high schools who register and enroll at a community
3649	college or state university under the exemption. The Department
3650	of Education shall administer the exemption program and shall
3651	develop an application form and guidelines for student
3652	participation. The community college or state university shall
3653	enter all application criteria submitted by the student into the
3654	department's online database, in the manner and timeframe
3655	prescribed by the department, for final determination by the
3656	department of the student's eligibility to receive the
3657	exemption.
3658	(12)(11)  The State Board of Education shall by rule
3659	designate classifications of students as residents or
3660	nonresidents for tuition purposes at community colleges and
3661	state universities.
3662	Section 73.  Subsections (1), (3), and (11) of section
3663	1009.23, Florida Statutes, are amended to read:
3664	1009.23  Community college student fees.--
3665	(1)  Unless otherwise provided, the provisions of this
3666	section applies apply only to fees charged for college credit
3667	instruction leading to an associate in arts degree, an associate
3668	in applied science degree, or an associate in science degree, or
3669	a baccalaureate degree authorized by the State Board of
3670	Education pursuant to s. 1007.33 and for noncollege credit
3671	college-preparatory courses defined in s. 1004.02.
3672	(3)  The State Board of Education shall adopt by December
3673	31 of each year a resident fee schedule for the following fall
3674	for advanced and professional programs, associate in science
3675	degree programs, baccalaureate degree programs authorized by the
3676	State Board of Education pursuant to s. 1007.33, and college-
3677	preparatory programs that produce revenues in the amount of 25
3678	percent of the full prior year's cost of these programs. Fees
3679	for courses in college-preparatory programs and associate in
3680	arts and associate in science degree programs may be established
3681	at the same level. In the absence of a provision to the contrary
3682	in an appropriations act, the fee schedule shall take effect and
3683	the colleges shall expend the funds on instruction. If the
3684	Legislature provides for an alternative fee schedule in an
3685	appropriations act, the fee schedule shall take effect the
3686	subsequent fall semester.
3687	(11)(a)  Each community college board of trustees may
3688	establish a separate fee for capital improvements, technology
3689	enhancements, or equipping student buildings which may not
3690	exceed 10 percent of tuition for resident students or 10 percent
3691	of the sum of tuition and out-of-state fees for nonresident
3692	students. The fee for resident students shall be limited to an
3693	increase of $2 per credit hour over the prior year $1 per credit
3694	hour or credit-hour equivalent for residents and which equals or
3695	exceeds $3 per credit hour for nonresidents. Funds collected by
3696	community colleges through these fees may be bonded only as
3697	provided in this subsection for the purpose of financing or
3698	refinancing new construction and equipment, renovation, or
3699	remodeling of educational facilities. The fee shall be collected
3700	as a component part of the tuition and fees, paid into a
3701	separate account, and expended only to construct and equip,
3702	maintain, improve, or enhance the educational facilities of the
3703	community college. Projects funded through the use of the
3704	capital improvement fee shall meet the survey and construction
3705	requirements of chapter 1013. Pursuant to s. 216.0158, each
3706	community college shall identify each project, including
3707	maintenance projects, proposed to be funded in whole or in part
3708	by such fee.
3709	(b)  Capital improvement fee revenues may be pledged by a
3710	board of trustees as a dedicated revenue source to the repayment
3711	of debt, including lease-purchase agreements with an overall
3712	term, including renewals, extensions, and refundings, of not
3713	more than 7 years and revenue bonds, with a term not to exceed
3714	20 annual maturities years, and not to exceed the useful life of
3715	the asset being financed, only for financing or refinancing of
3716	the new construction and equipment, renovation, or remodeling of
3717	educational facilities. Community colleges may use the services
3718	of the Division of Bond Finance of the State Board of
3719	Administration to issue any Bonds authorized through the
3720	provisions of this subsection shall be. Any such bonds issued by
3721	the Division of Bond Finance upon the request of the community
3722	college board of trustees shall be in compliance with the
3723	provisions of s. 11(d), Art. VII of the State Constitution and
3724	the State Bond Act. The Division of Bond Finance may pledge fees
3725	collected by one or more community colleges to secure such
3726	bonds. Any project included in the approved educational plant
3727	survey pursuant to chapter 1013 is approved pursuant to s.
3728	11(d), Art. VII of the State Constitution.
3729	(c)  The state does hereby covenant with the holders of the
3730	bonds issued under this subsection that it will not take any
3731	action that will materially and adversely affect the rights of
3732	such holders so long as the bonds authorized by this subsection
3733	are outstanding.
3734	(d)  Any validation of the bonds issued pursuant to the
3735	State Bond Act shall be validated in the manner provided by
3736	chapter 75. Only the initial series of bonds is required to be
3737	validated. The complaint for such validation shall be filed in
3738	the circuit court of the county where the seat of state
3739	government is situated, the notice required to be published by
3740	s. 75.06 shall be published only in the county where the
3741	complaint is filed, and the complaint and order of the circuit
3742	court shall be served only on the state attorney of the circuit
3743	in which the action is pending.
3744	(e)  A maximum of 15 percent cents per credit hour may be
3745	allocated from the capital improvement fee for child care
3746	centers conducted by the community college. The use of capital
3747	improvement fees for such purpose shall be subordinate to the
3748	payment of any bonds secured by the fees.
3749	Section 74.  Subsection (3) of section 1009.24, Florida
3750	Statutes, is amended to read:
3751	1009.24  State university student fees.--
3752	(3)(a)  The Legislature has the responsibility to establish
3753	tuition and fees.
3754	(b)  Within proviso in the General Appropriations Act and
3755	law, each board of trustees shall set undergraduate university
3756	tuition and fees.
3757	(c)  Except as otherwise provided by law, each board of
3758	trustees shall set university tuition and fees for graduate,
3759	graduate professional, and nonresident students, except that
3760	tuition and fees for graduate, graduate professional, and
3761	nonresident students who enroll prior to fall 2005 shall be
3762	established within proviso in the General Appropriations Act or
3763	by law. Tuition and fees for graduate, graduate professional,
3764	and nonresident students shall not exceed the average full-time
3765	nonresident tuition and fees for corresponding programs at
3766	public institutions that are members of the Association of
3767	American Universities. The annual percentage increase in tuition
3768	and fees established by each board of trustees pursuant to this
3769	paragraph for students enrolled prior to fall 2005 shall not
3770	exceed the annual percentage increase approved by the
3771	Legislature for resident undergraduate students. At least 20
3772	percent of the amount raised by tuition increases imposed
3773	pursuant to this paragraph shall be allocated by each university
3774	to need-based financial aid for students.
3775	(d)  The sum of the activity and service, health, and
3776	athletic fees a student is required to pay to register for a
3777	course shall not exceed 40 percent of the tuition established in
3778	law or in the General Appropriations Act. The tuition and fees
3779	established pursuant to paragraph (c) for graduate, graduate
3780	professional, and nonresident students shall not be subject to
3781	the 40 percent cap. No university shall be required to lower any
3782	fee in effect on the effective date of this act in order to
3783	comply with this subsection. Within the 40 percent cap,
3784	universities may not increase the aggregate sum of activity and
3785	service, health, and athletic fees more than 5 percent per year
3786	unless specifically authorized in law or in the General
3787	Appropriations Act. A university may increase its athletic fee
3788	to defray the costs associated with changing National Collegiate
3789	Athletic Association divisions. Any such increase in the
3790	athletic fee may exceed both the 40 percent cap and the 5
3791	percent cap imposed by this subsection. Any such increase must
3792	be approved by the athletic fee committee in the process
3793	outlined in subsection (11) and cannot exceed $2 per credit
3794	hour. Notwithstanding the provisions of ss. 1009.534, 1009.535,
3795	and 1009.536, that portion of any increase in an athletic fee
3796	pursuant to this subsection that causes the sum of the activity
3797	and service, health, and athletic fees to exceed the 40 percent
3798	cap or the annual increase in such fees to exceed the 5 percent
3799	cap shall not be included in calculating the amount a student
3800	receives for a Florida Academic Scholars award, a Florida
3801	Medallion Scholars award, or a Florida Gold Seal Vocational
3802	Scholars award. This subsection does not prohibit a university
3803	from increasing or assessing optional fees related to specific
3804	activities if payment of such fees is not required as a part of
3805	registration for courses.
3806	Section 75.  Section 1009.286, Florida Statutes, is created
3807	to read:
3808	1009.286  Additional student payment required for hours
3809	exceeding graduation requirements.--
3810	(1)  It is the intent of the Legislature to discourage
3811	undergraduate students in postsecondary education from exceeding
3812	the number of credit hours required to complete the students'
3813	respective degree programs. Accordingly, a student must pay 75
3814	percent over the in-state tuition rate for any credit hours that
3815	the student takes in excess of 120 percent of the number of
3816	credit hours required to complete the degree program in which he
3817	or she is enrolled.
3818	(2)  A student who is enrolled in a community college must
3819	pay 75 percent over the in-state tuition rate for credit hours
3820	that the student takes in excess of 120 percent of the credit
3821	hours required to earn an associate degree, except that a
3822	community college student who has earned the associate degree
3823	need not pay the full cost for a maximum of 24 credit hours
3824	taken while enrolled at a community college which apply to his
3825	or her baccalaureate degree.
3826	(3)  An undergraduate student who is enrolled in a state
3827	university must pay 75 percent over the in-state tuition rate
3828	for credit hours that the student takes in excess of 120 percent
3829	of the credit hours required to complete the degree program in
3830	which he or she is enrolled, regardless of whether those hours
3831	were taken while enrolled at a community college, a state
3832	university, or any private postsecondary institution if the
3833	student received state funds while enrolled at the private
3834	postsecondary institution.
3835	(4)  An undergraduate student who is enrolled in a
3836	baccalaureate degree program at a community college must pay 75
3837	percent over the in-state tuition rate for credit hours that the
3838	student takes in excess of 120 percent of the number of credit
3839	hours required to complete the degree program in which he or she
3840	is enrolled, regardless of whether those hours were taken while
3841	enrolled at a community college, a state university, or any
3842	private postsecondary institution if the student received state
3843	funds while enrolled at the private postsecondary institution.
3844	(5)  Credit hours earned under the following circumstances
3845	are not calculated as hours required to earn a  degree:
3846	(a)  College credits earned through an accelerated
3847	mechanism identified in s. 1007.27.
3848	(b)  Credit hours earned through internship programs.
3849	(c)  Credit hours required for certification,
3850	recertification, or certificate degrees.
3851	(d)  Credit hours in courses from which a student must
3852	withdraw due to reasons of medical or personal hardship.
3853	(e)  Credit hours taken by active-duty military personnel.
3854	(f)  Credit hours required to achieve a dual major
3855	undertaken while pursuing a degree.
3856	(g)  Remedial and English as a Second Language credit
3857	hours.
3858	(h)  Credit hours earned in military science courses
3859	(R.O.T.C.).
3860	(6)  Each postsecondary institution shall implement a
3861	process for notifying students regarding the provisions of this
3862	section. The notice shall be provided upon the student's initial
3863	enrollment in the institution and again upon the student earning
3864	the credit hours required to complete the degree program in
3865	which he or she is enrolled. Additionally, the notice shall
3866	recommend that the student meet with his or her academic advisor
3867	if the student intends to earn additional credit hours at the
3868	institution beyond those required for his or her enrolled degree
3869	program.
3870	(7)  The provisions of this section shall apply to freshmen
3871	who enroll in a state university or community college in fall
3872	2005 and thereafter.
3873	Section 76.  Paragraph (a) of subsection (1) of section
3874	1009.40, Florida Statutes, is amended, and subsection (5) is
3875	added to said section, to read:
3876	1009.40  General requirements for student eligibility for
3877	state financial aid and tuition assistance grants.--
3878	(1)(a)  The general requirements for eligibility of
3879	students for state financial aid awards and tuition assistance
3880	grants consist of the following:
3881	1.  Achievement of the academic requirements of and
3882	acceptance at a state university or community college; a nursing
3883	diploma school approved by the Florida Board of Nursing; a
3884	Florida college, university, or community college which is
3885	accredited by an accrediting agency recognized by the State
3886	Board of Education; any Florida institution the credits of which
3887	are acceptable for transfer to state universities; any career
3888	center; or any private career institution accredited by an
3889	accrediting agency recognized by the State Board of Education.
3890	2.  Residency in this state for no less than 1 year
3891	preceding the award of aid or a tuition assistance grant for a
3892	program established pursuant to s. 1009.50, s. 1009.51, s.
3893	1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s.
3894	1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s.
3895	1009.73, s. 1009.76, s. 1009.77, or s. 1009.89, s. 1009.891, or
3896	s. 1009.895. Residency in this state must be for purposes other
3897	than to obtain an education. Resident status for purposes of
3898	receiving state financial aid awards or tuition assistance
3899	grants shall be determined in the same manner as resident status
3900	for tuition purposes pursuant to s. 1009.21 and rules of the
3901	State Board of Education implementing s. 1009.21 and the
3902	postsecondary guidelines of the department.
3903	3.  Submission of certification attesting to the accuracy,
3904	completeness, and correctness of information provided to
3905	demonstrate a student's eligibility to receive state financial
3906	aid awards or tuition assistance grants. Falsification of such
3907	information shall result in the denial of any pending
3908	application and revocation of any award or grant currently held
3909	to the extent that no further payments shall be made.
3910	Additionally, students who knowingly make false statements in
3911	order to receive state financial aid awards or tuition
3912	assistance grants shall be guilty of a misdemeanor of the second
3913	degree subject to the provisions of s. 837.06 and shall be
3914	required to return all state financial aid awards or tuition
3915	assistance grants wrongfully obtained.
3916	(5)  A student who is attending a nonpublic for-profit or
3917	nonprofit institution is ineligible to receive more than one
3918	state award that is a tuition assistance grant during a single
3919	semester.
3920	Section 77.  Section 1009.66, Florida Statutes, is amended
3921	to read:
3922	1009.66  Nursing Student Loan Reimbursement Forgiveness
3923	Program.--
3924	(1)  To encourage qualified personnel to seek employment in
3925	areas of this state in which critical nursing shortages exist,
3926	there is established the Nursing Student Loan Reimbursement
3927	Forgiveness Program. The primary function of the program is to
3928	increase employment and retention of registered nurses and
3929	licensed practical nurses in nursing homes and hospitals in the
3930	state and in state-operated medical and health care facilities,
3931	public schools, birth centers, federally sponsored community
3932	health centers, family practice teaching hospitals, and
3933	specialty children's hospitals and the employment and retention
3934	of instructional faculty in nursing programs approved by the
3935	Board of Nursing by making repayments toward loans received by
3936	students from federal or state programs or commercial lending
3937	institutions for the support of postsecondary study in
3938	accredited or approved nursing programs or for the support of
3939	study in a preparatory course for foreign-trained nurses offered
3940	by an approved nursing program.
3941	(2)  To be eligible, a candidate must have graduated from
3942	an accredited or approved nursing program or have successfully
3943	completed a preparatory course for foreign-trained nurses
3944	offered by an approved nursing program and have received a
3945	Florida license as a licensed practical nurse or a registered
3946	nurse or a Florida certificate as an advanced registered nurse
3947	practitioner.
3948	(3)  Only loans to pay the costs of tuition, books, and
3949	living expenses shall be covered, at an amount not to exceed
3950	$4,000 for each year of education toward the degree obtained.
3951	(4)  From the funds available, the Department of Education
3952	Health may make loan principal repayments of up to $4,000 a year
3953	for up to 4 years on behalf of eligible candidates pursuant to
3954	subsection (2) selected graduates of an accredited or approved
3955	nursing program. All repayments shall be contingent upon
3956	continued proof of employment in the designated facilities in
3957	this state and shall be made directly to the holder of the loan
3958	or the lending institution for loans held by a lending
3959	institution. The state shall bear no responsibility for the
3960	collection of any interest charges or other remaining balance.
3961	In the event that the designated facilities are changed, a nurse
3962	shall continue to be eligible for loan reimbursement forgiveness
3963	as long as he or she continues to work in the facility for which
3964	the original loan repayment was made and otherwise meets all
3965	conditions of eligibility.
3966	(5)  There is created the Nursing Student Loan
3967	Reimbursement Forgiveness Trust Fund to be administered by the
3968	Department of Education Health pursuant to this section and s.
3969	1009.67 and department rules. The Chief Financial Officer shall
3970	authorize expenditures from the trust fund upon receipt of
3971	vouchers approved by the Department of Education Health. All
3972	moneys collected from the private health care industry and other
3973	private sources for the purposes of this section shall be
3974	deposited into the Nursing Student Loan Reimbursement
3975	Forgiveness Trust Fund. Any balance in the trust fund at the end
3976	of any fiscal year shall remain therein and shall be available
3977	for carrying out the purposes of this section and s. 1009.67.
3978	(6)  In addition to licensing fees imposed under part I of
3979	chapter 464, there is hereby levied and imposed an additional
3980	fee of $5, which fee shall be paid upon licensure or renewal of
3981	nursing licensure. Revenues collected from the fee imposed in
3982	this subsection shall be deposited in the Nursing Student Loan
3983	Reimbursement Forgiveness Trust Fund of the Department of
3984	Education Health and will be used solely for the purpose of
3985	carrying out the provisions of this section and s. 1009.67. Up
3986	to 50 percent of the revenues appropriated to implement this
3987	subsection may be used for the nursing scholarship loan program
3988	established pursuant to s. 1009.67.
3989	(7)  Funds contained in the Nursing Student Loan
3990	Reimbursement Forgiveness Trust Fund which are to be used for
3991	loan reimbursement forgiveness for those nurses employed by
3992	hospitals, birth centers, and nursing homes and for those nurses
3993	employed as instructional faculty in an approved nursing program
3994	must be matched on a dollar-for-dollar basis by contributions or
3995	tuition reductions from the employing institutions, except that
3996	this provision shall not apply to state-operated medical and
3997	health care facilities, community colleges, state universities,
3998	public schools, county health departments, federally sponsored
3999	community health centers, teaching hospitals as defined in s.
4000	408.07, family practice teaching hospitals as defined in s.
4001	395.805, or specialty hospitals for children as used in s.
4002	409.9119. An estimate of the annual trust fund dollars shall be
4003	made at the beginning of the fiscal year based on historic
4004	expenditures from the trust fund. Applicant requests shall be
4005	reviewed on a quarterly basis, and applicant awards shall be
4006	based on the following priority of employer until all such
4007	estimated trust funds are awarded: nursing programs approved by
4008	the Board of Nursing if the employer and the award recipient
4009	agree that the award recipient will spend a minimum of 75
4010	percent of his or her time providing instruction, developing
4011	curriculum, or advising or mentoring students for the duration
4012	of the award; state-operated medical and health care facilities;
4013	public schools; county health departments; federally sponsored
4014	community health centers; teaching hospitals as defined in s.
4015	408.07; family practice teaching hospitals as defined in s.
4016	395.805; specialty hospitals for children as used in s.
4017	409.9119; and other hospitals, birth centers, and nursing homes.
4018	(8)  The Department of Health may solicit technical
4019	assistance relating to the conduct of this program from the
4020	Department of Education.
4021	(8)(9)  The Department of Education Health is authorized to
4022	recover from the Nursing Student Loan Reimbursement Forgiveness
4023	Trust Fund its costs for administering the Nursing Student Loan
4024	Reimbursement Forgiveness Program.
4025	(9)(10)  The State Board of Education Department of Health
4026	may adopt rules necessary to administer this program.
4027	(10)(11)  This section shall be implemented only as
4028	specifically funded.
4029	(11)(12)  Students receiving a nursing scholarship loan
4030	pursuant to s. 1009.67 are not eligible to participate in the
4031	Nursing Student Loan Reimbursement Forgiveness Program.
4032	Section 78.  Section 1009.67, Florida Statutes, is amended
4033	to read:
4034	1009.67  Nursing Scholarship Loan Program.--
4035	(1)  There is established within the Department of
4036	Education Health a scholarship loan program for the purpose of
4037	attracting capable and promising students to the nursing
4038	profession.
4039	(2)  A scholarship loan applicant shall be enrolled in an
4040	approved nursing program leading to the award of an associate
4041	degree, a baccalaureate degree, or a graduate degree in nursing
4042	or enrolled in a preparatory course for foreign-trained nurses
4043	offered by an approved nursing program.
4044	(3)  A scholarship loan may be awarded for no more than 2
4045	years, in an amount not to exceed $8,000 per year. However,
4046	registered nurses pursuing a graduate degree for a faculty
4047	position or to practice as an advanced registered nurse
4048	practitioner may receive up to $12,000 per year. These amounts
4049	shall be adjusted by the amount of increase or decrease in the
4050	consumer price index for urban consumers published by the United
4051	States Department of Commerce.
4052	(4)  Credit for repayment of a scholarship loan shall be as
4053	follows:
4054	(a)  For each full year of scholarship loan assistance, the
4055	recipient agrees to work for 12 months in a faculty position in
4056	a college of nursing or community college nursing program in
4057	this state and spend a minimum of 75 percent of his or her time
4058	providing instruction, developing curriculum, or advising or
4059	mentoring students or agrees to work for 12 months at a health
4060	care facility in a medically underserved area as approved by the
4061	Department of Health. Scholarship loan recipients who attend
4062	school on a part-time basis shall have their employment service
4063	obligation prorated in proportion to the amount of scholarship
4064	loan payments received.
4065	(b)  Eligible health care facilities include nursing homes
4066	and hospitals in this state, state-operated medical or health
4067	care facilities, public schools, county health departments,
4068	federally sponsored community health centers, colleges of
4069	nursing in universities in this state, and community college
4070	nursing programs in this state, family practice teaching
4071	hospitals as defined in s. 395.805, or specialty children's
4072	hospitals as described in s. 409.9119. The recipient shall be
4073	encouraged to complete the service obligation at a single
4074	employment site. If continuous employment at the same site is
4075	not feasible, the recipient may apply to the department for a
4076	transfer to another approved health care facility.
4077	(c)  Any recipient who does not complete an appropriate
4078	program of studies, who does not become licensed, who does not
4079	accept employment as a nurse at an approved health care
4080	facility, or who does not complete 12 months of approved
4081	employment for each year of scholarship loan assistance received
4082	shall repay to the Department of Education Health, on a schedule
4083	to be determined by the department, the entire amount of the
4084	scholarship loan plus 18 percent interest accruing from the date
4085	of the scholarship payment. Repayment schedules and applicable
4086	interest rates shall be determined by rules of the State Board
4087	of Education. Moneys repaid shall be deposited into the Nursing
4088	Student Loan Reimbursement Forgiveness Trust Fund established in
4089	s. 1009.66. However, the department may provide additional time
4090	for repayment if the department finds that circumstances beyond
4091	the control of the recipient caused or contributed to the
4092	default.
4093	(5)  Scholarship loan payments shall be transmitted to the
4094	recipient upon receipt of documentation that the recipient is
4095	enrolled in an approved nursing program. The Department of
4096	Education Health shall develop a formula to prorate payments to
4097	scholarship loan recipients so as not to exceed the maximum
4098	amount per academic year.
4099	(6)  The State Board of Education Department of Health
4100	shall adopt rules, including rules to address extraordinary
4101	circumstances that may cause a recipient to default on either
4102	the school enrollment or employment contractual agreement, to
4103	implement this section.
4104	(7)  The Department of Education Health may recover from
4105	the Nursing Student Loan Reimbursement Forgiveness Trust Fund
4106	its costs for administering the nursing scholarship loan
4107	program.
4108	Section 79.  Section 1009.895, Florida Statutes, is created
4109	to read:
4110	1009.895  Florida Independent Collegiate Assistance Grant
4111	Program.--
4112	(1)  The Legislature finds and declares that independent
4113	institutions licensed by the Commission for Independent
4114	Education are an integral part of the higher education system in
4115	this state through which Florida residents seek higher
4116	education. The Legislature finds that a significant number of
4117	state residents choose to pursue higher education at these
4118	institutions and that these institutions and the students they
4119	educate and train make a substantial contribution to the
4120	development of the state's economy. The Legislature intends to
4121	create a tuition assistance grant program for state residents
4122	that is not based upon a student's financial need or other
4123	criteria upon which financial aid programs are based.
4124	(2)  The Florida Independent Collegiate Assistance Grant
4125	Program, to be known as the FICA Grant Program, is created as a
4126	student tuition assistance grant program.
4127	(a)  The program shall be administered by the Department of
4128	Education according to rules adopted by the State Board of
4129	Education.
4130	(b)  The department may issue a tuition assistance grant
4131	under the program to any full-time student who:
4132	1.  Meets student residency requirements as provided in s.
4133	1009.40(1)(a)2.
4134	2.  Is enrolled as a full-time undergraduate student in a
4135	campus-based program at an eligible independent institution of
4136	higher education as defined in this section and is seeking an
4137	associate degree or higher.
4138	3.  Is making satisfactory academic progress as defined by
4139	the independent institution of higher education in which the
4140	student is enrolled.
4141	4.  Enrolls in an undergraduate degree program that leads
4142	to employment in an occupation that is listed on a regional
4143	targeted occupations list of a Florida workforce board at the
4144	time of enrollment.
4145	(3)  An "eligible independent institution of higher
4146	education" is:
4147	(a)  An institution that is licensed by the Commission for
4148	Independent Education under chapter 1005, is accredited by an
4149	accrediting agency that is recognized by the United States
4150	Secretary of Education as a reliable authority as to the quality
4151	of education or training offered at its accredited institutions,
4152	and has established performance requirements for student
4153	achievement that include minimum objective quantitative
4154	standards, including completion rates and placement rates as
4155	determined by the department or the commission.
4156	(b)  An institution whose students are not eligible to
4157	participate in the Access to Better Learning and Education Grant
4158	Program or the William L. Boyd, IV, Florida Resident Access
4159	Grant Program.
4160	(4)  This section shall be implemented to the extent funded
4161	and authorized by law.
4162	Section 80.  Paragraph (z) is added to subsection (4) of
4163	section 1009.971, Florida Statutes, to read:
4164	1009.971  Florida Prepaid College Board.--
4165	(4)  FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.--The
4166	board shall have the powers and duties necessary or proper to
4167	carry out the provisions of ss. 1009.97-1009.984, including, but
4168	not limited to, the power and duty to:
4169	(z)  Provide for the transfer of ownership of an advance
4170	payment contract or a participation agreement by operation of
4171	law upon inheritance, devise, or bequest. An heir of a deceased
4172	purchaser or a deceased benefactor may make an application to
4173	the board under oath for a change in the purchaser or benefactor
4174	and, upon receipt of a completed application, the board may
4175	change the ownership of the advance payment contract or
4176	participation agreement, as appropriate, to the heir. The board
4177	shall specify by rule the information that must be included in
4178	the application. When the application is made by an heir of a
4179	deceased purchaser or deceased benefactor who died intestate, it
4180	shall not be necessary to accompany the application with an
4181	order of a probate court if the heir files with the board an
4182	affidavit stating that the estate is not indebted and the
4183	surviving spouse, if any, and the heirs, if any, have amicably
4184	agreed among themselves upon a division of the estate. If the
4185	deceased purchaser or deceased benefactor died testate, the
4186	application shall be accompanied by a certified copy of the
4187	will, if probated, and an affidavit stating that the estate is
4188	solvent with sufficient assets to pay all just claims or, if the
4189	will is not being probated, by a sworn copy of the will and an
4190	affidavit stating that the estate is not indebted. Upon the
4191	approval by the board of an application from an heir, the heir
4192	shall become the purchaser of the advance payment contract or
4193	the benefactor of the participation agreement. This subsection
4194	does not apply when a purchaser or benefactor has designated in
4195	writing to the board the person who will succeed to the
4196	ownership of the advance payment contract or participation
4197	agreement in the event of the purchaser's or benefactor's death,
4198	and that person survives the purchaser or benefactor.
4199	Section 81.  Subsection (5) of section 1009.972, Florida
4200	Statutes, is amended to read:
4201	1009.972  Florida Prepaid College Trust Fund.--
4202	(5)  Notwithstanding the provisions of chapter 717, funds
4203	associated with terminated advance payment contracts pursuant to
4204	s. 1009.98(4)(k) and canceled contracts for which no refunds
4205	have been claimed shall be retained by the board. The board
4206	shall establish procedures for notifying purchasers who
4207	subsequently cancel their advance payment contracts of any
4208	unclaimed refund and shall establish a time period after which
4209	no refund may be claimed by a purchaser who canceled a contract.
4210	The board may transfer funds retained from such terminated
4211	advance payment contracts and canceled contracts to the direct-
4212	support organization established pursuant to s. 1009.983 for the
4213	Florida Prepaid Tuition Scholarship Program to provide matching
4214	funds for prepaid tuition scholarships for economically
4215	disadvantaged youth who remain drug free and crime free and for
4216	children of members of the armed forces and Coast Guard of the
4217	United States who die while participating in the combat theater
4218	of operations for Operation Iraqi Freedom or Operation Enduring
4219	Freedom on or after the date on which this act becomes a law and
4220	were Florida residents at the time of their death or have listed
4221	Florida as their domicile at the time of their death.
4222	Section 82.  Subsection (3) and paragraph (k) of subsection
4223	(4) of section 1009.98, Florida Statutes, are amended to read:
4224	1009.98  Florida Prepaid College Program.--
4225	(3)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
4226	COLLEGES AND UNIVERSITIES AND TO CAREER CENTERS.--A qualified
4227	beneficiary may apply the benefits of an advance payment
4228	contract toward:
4229	(a)  An independent college or university that is located
4230	and chartered in Florida, that is not for profit, that is
4231	accredited by the Commission on Colleges of the Southern
4232	Association of Colleges and Schools or the Accrediting Council
4233	for Independent Colleges and Schools, and that confers degrees
4234	as defined in s. 1005.02.
4235	(b)  An out-of-state college or university that is not for
4236	profit and is accredited by a regional accrediting association,
4237	and that confers degrees.
4238	(c)  An applied technology diploma program or career
4239	certificate program conducted by a community college listed in
4240	s. 1004.02(2) or career center operated by a district school
4241	board.
4242
4243	The board shall transfer or cause to be transferred to the
4244	institution designated by the qualified beneficiary an amount
4245	not to exceed the redemption value of the advance payment
4246	contract at a state postsecondary institution.  If the cost of
4247	registration or housing fees at such institution is less than
4248	the corresponding fees at a state postsecondary institution, the
4249	amount transferred may not exceed the actual cost of
4250	registration and housing fees.  A transfer authorized under this
4251	subsection may not exceed the number of semester credit hours or
4252	semesters of dormitory residence contracted on behalf of a
4253	qualified beneficiary. The board may refuse to transfer the
4254	benefits of an advance payment contract to an otherwise eligible
4255	institution if the institution or its representatives distribute
4256	materials, regardless of form, that describe the use or transfer
4257	of the benefits of an advance payment contract and that have not
4258	been approved by the board. Notwithstanding any other provision
4259	in this section, an institution must be an "eligible educational
4260	institution" under s. 529 of the Internal Revenue Code to be
4261	eligible for the transfer of advance payment contract benefits.
4262	(4)  ADVANCE PAYMENT CONTRACTS.--The board shall develop
4263	advance payment contracts for registration and may develop
4264	advance payment contracts for dormitory residence as provided in
4265	this section. Advance payment contracts shall be exempt from
4266	chapter 517 and the Florida Insurance Code. Such contracts shall
4267	include, but not be limited to, the following:
4268	(k)  The period of time after which advance payment
4269	contracts that have not been terminated or the benefits used
4270	shall be considered terminated. Time expended by a qualified
4271	beneficiary as an active duty member of any of the armed
4272	services of the United States shall be added to the period of
4273	time specified by the board. No purchaser or qualified
4274	beneficiary whose advance payment contract is terminated
4275	pursuant to this paragraph shall be entitled to a refund.
4276	Notwithstanding chapter 717, the board shall retain any moneys
4277	paid by the purchaser for an advance payment contract that has
4278	been terminated in accordance with this paragraph. Such moneys
4279	may be transferred to the direct-support organization
4280	established pursuant to s. 1009.983 for the  Florida Prepaid
4281	Tuition Scholarship Program to provide matching funds for
4282	prepaid tuition scholarships for economically disadvantaged
4283	youths who remain drug free and crime free and for children of
4284	members of the armed forces and Coast Guard of the United States
4285	who die while participating in the combat theater of operations
4286	for Operation Iraqi Freedom or Operation Enduring Freedom on or
4287	after the date on which this act becomes a law and were Florida
4288	residents at the time of their death or have listed Florida as
4289	their domicile at the time of their death.
4290	Section 83.  Paragraph (b) of subsection (2) of section
4291	1009.981, Florida Statutes, is amended to read:
4292	1009.981  Florida College Savings Program.--
4293	(2)  PARTICIPATION AGREEMENTS.--
4294	(b)  The board shall develop a participation agreement
4295	which shall be the agreement between the board and each
4296	benefactor, which may include, but is not limited to:
4297	1.  The name, date of birth, and social security number of
4298	the designated beneficiary.
4299	2.  The amount of the contribution or contributions and
4300	number of contributions required from a benefactor on behalf of
4301	a designated beneficiary.
4302	3.  The terms and conditions under which benefactors shall
4303	remit contributions, including, but not limited to, the date or
4304	dates upon which each contribution is due. Deposits to the
4305	savings program by benefactors may only be in cash. Benefactors
4306	may contribute in a lump sum, periodically, in installments, or
4307	through electronic funds transfer or employer payroll
4308	deductions.
4309	4.  Provisions for late contribution charges and for
4310	default.
4311	5.  Provisions for penalty fees for withdrawals from the
4312	program.
4313	6.  The name of the person who may terminate participation
4314	in the program. The participation agreement must specify whether
4315	the account may be terminated by the benefactor, the designated
4316	beneficiary, a specific designated person, or any combination of
4317	these persons.
4318	7.  The terms and conditions under which an account may be
4319	terminated, modified, or converted, the name of the person
4320	entitled to any refund due as a result of termination of the
4321	account pursuant to such terms and conditions, and the amount of
4322	refund, if any, due to the person so named.
4323	8.  Penalties for distributions not used or made in
4324	accordance with s. 529 of the Internal Revenue Code.
4325	9.  Any charges or fees in connection with the
4326	administration of the savings fund.
4327	10.  The period of time after which each participation
4328	agreement shall be considered to be terminated. Time expended by
4329	a designated beneficiary as an active duty member of any of the
4330	armed services of the United States shall be added to the period
4331	specified pursuant to this subparagraph. Should a participation
4332	agreement be terminated, the balance of the account, after
4333	notice to the benefactor, shall be declared unclaimed and
4334	abandoned property. The board shall retain any moneys paid by
4335	the benefactor for a participation agreement that has been
4336	terminated in accordance with this subparagraph. Such moneys may
4337	be transferred to the direct-support organization established
4338	pursuant to s. 1009.983 for the   Florida Prepaid Tuition
4339	Scholarship Program to provide matching funds for prepaid
4340	tuition scholarships for economically disadvantaged youths who
4341	remain drug free and crime free and for children of members of
4342	the armed forces and Coast Guard of the United States who die
4343	while participating in the combat theater of operations for
4344	Operation Iraqi Freedom or Operation Enduring Freedom on or
4345	after the date on which this act becomes a law and were Florida
4346	residents at the time of their death or have listed Florida as
4347	their domicile at the time of their death.
4348	11.  Other terms and conditions deemed by the board to be
4349	necessary or proper.
4350	Section 84.  Paragraph (i) of subsection (1) of section
4351	1011.62, Florida Statutes, is amended to read:
4352	1011.62  Funds for operation of schools.--If the annual
4353	allocation from the Florida Education Finance Program to each
4354	district for operation of schools is not determined in the
4355	annual appropriations act or the substantive bill implementing
4356	the annual appropriations act, it shall be determined as
4357	follows:
4358	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
4359	OPERATION.--The following procedure shall be followed in
4360	determining the annual allocation to each district for
4361	operation:
4362	(i)  Calculation of full-time equivalent membership with
4363	respect to dual enrollment instruction from community colleges
4364	or state universities.--Students enrolled in community college
4365	or university dual enrollment instruction pursuant to s.
4366	1007.271 may be included in calculations of full-time equivalent
4367	student memberships for basic programs for grades 9 through 12
4368	by a district school board. Dual enrollment instruction of high
4369	school students that is eligible for high school and
4370	postsecondary credit shall be reported by the school district in
4371	an amount equal to the hours of instruction that would be
4372	necessary to earn the FTE for the equivalent course if it were
4373	taught in the school district. Such students may also be
4374	calculated as the proportional shares of full-time equivalent
4375	enrollments they generate for a the community college or
4376	university conducting the dual enrollment instruction. Early
4377	admission students shall be considered dual enrollments for
4378	funding purposes. Students may be enrolled in dual enrollment
4379	instruction provided by an eligible independent college or
4380	university and may be included in calculations of full-time
4381	equivalent student memberships for basic programs for grades 9
4382	through 12 by a district school board. However, those provisions
4383	of law which exempt dual enrolled and early admission students
4384	from payment of instructional materials and tuition and fees,
4385	including laboratory fees, shall not apply to students who
4386	select the option of enrolling in an eligible independent
4387	institution. An independent college or university which is
4388	located and chartered in Florida, is not for profit, is
4389	accredited by the Commission on Colleges of the Southern
4390	Association of Colleges and Schools or the Accrediting Council
4391	for Independent Colleges and Schools, and which confers degrees
4392	as defined in s. 1005.02 shall be eligible for inclusion in the
4393	dual enrollment or early admission program. Students enrolled in
4394	dual enrollment instruction shall be exempt from the payment of
4395	tuition and fees, including laboratory fees. No student enrolled
4396	in college credit mathematics or English dual enrollment
4397	instruction shall be funded as a dual enrollment unless the
4398	student has successfully completed the relevant section of the
4399	entry-level examination required pursuant to s. 1008.30.
4400	Section 85.  Section 1011.83, Florida Statutes, is amended
4401	to read:
4402	1011.83  Financial support of community colleges.--
4403	(1)  Each community college that has been approved by the
4404	Department of Education and meets the requirements of law and
4405	rules of the State Board of Education shall participate in the
4406	Community College Program Fund. However, funds to support
4407	workforce education programs conducted by community colleges
4408	shall be provided pursuant to s. 1011.80.
4409	(2)  Funding for baccalaureate degree programs approved
4410	pursuant to s. 1007.33 shall be specified in the General
4411	Appropriations Act. A student in a baccalaureate degree program
4412	approved pursuant to s. 1007.33 who is not classified as a
4413	resident for tuition purposes pursuant to s. 1009.21 shall not
4414	be included in calculations of full-time equivalent enrollments
4415	for state funding purposes.
4416	(3)  Funds specifically appropriated by the Legislature for
4417	baccalaureate degree programs approved pursuant to s. 1007.033
4418	may be used only for such programs. A new baccalaureate degree
4419	program may not accept students without a recurring legislative
4420	appropriation for this purpose. However, community colleges that
4421	have been approved by the State Board of Education prior to July
4422	1, 2005, to offer baccalaureate degrees are not subject to the
4423	requirement for recurring funds until the 2006-2007 budget year.
4424	(4)  A community college that grants baccalaureate degrees
4425	shall maintain reporting and funding distinctions between any
4426	baccalaureate degree program approved under s. 1007.33 and any
4427	other baccalaureate degree programs involving traditional
4428	concurrent-use partnerships.
4429	Section 86.  Part VI of chapter 1011, Florida Statutes,
4430	consisting of sections 1011.96, 1011.965, 1011.97, and 1011.98,
4431	is created to read:
4432	1011.96  SUCCEED, FLORIDA! Crucial Professionals Program.--
4433	(1)  The SUCCEED, FLORIDA! Crucial Professionals Program is
4434	established to award funds to accredited postsecondary
4435	educational institutions in the state on a competitive basis to
4436	offer programs that meet the critical workforce needs of the
4437	state and to maximize the number of diplomas, certificates, and
4438	degrees that are awarded to postsecondary education students in
4439	fields vital to the citizens of the state.
4440	(2)  Beginning with the 2006-2007 fiscal year, funds
4441	appropriated by the Legislature to the Department of Education
4442	for the SUCCEED, FLORIDA! Crucial Professionals Program shall be
4443	distributed according to the provisions of this section.
4444	(3)  The department shall develop and issue annually a
4445	request for proposals. The department shall establish
4446	application procedures, guidelines, accountability measures, and
4447	timelines for implementation of the grant program.
4448	(4)  Proposals for a grant authorized pursuant to this
4449	section must:
4450	(a)  Indicate the number of students to be served, the
4451	length of the proposed program, and the total projected cost to
4452	students and the state. Funds for a grant provided pursuant to
4453	this section must be used to support new students and not to
4454	supplant current funding or students.
4455	(b)  Document the workforce need to be addressed.
4456	(c)  Demonstrate a pool of qualified applicants.
4457	(d)  Include a plan to increase the minority graduation
4458	rate and minority presence in the workforce.
4459	(e)  Be submitted by an accredited public or nonpublic
4460	postsecondary educational institution in the state that provides
4461	postsecondary instruction in a field specified in the priority
4462	list established pursuant to subsection (5). For purposes of
4463	this section, postsecondary educational institutions include
4464	school district career centers that offer postsecondary
4465	programs.
4466	(f)  Indicate the number of postsecondary diplomas,
4467	certificates, or degrees that the institution will award using
4468	funds received pursuant to this section and the fields in which
4469	the diplomas, certificates, or degrees will be awarded.
4470	(g)  Indicate how the funds received will leverage private
4471	industry contributions, grants, or scholarships and how the
4472	funds will be used to offset costs to the state for program
4473	startup or expansion or to offset student tuition costs.
4474	(5)  By March 1, 2006, and annually thereafter, the State
4475	Board of Education, the Board of Governors, and the board of
4476	directors of Workforce Florida, Inc., shall each advise the
4477	Legislature of the state's most pressing workforce needs for
4478	postsecondary instruction and the geographic locations of these
4479	needs. The Legislature shall annually establish a priority list
4480	for funds provided pursuant to this section in the General
4481	Appropriations Act.
4482	(6)  The rankings and decisions of the request-for-
4483	proposals process shall be made by the State Board of Education
4484	based on the priority list established pursuant to subsection
4485	(5).
4486	(7)  Grant recipients must enter into a contract with the
4487	state to produce a specific number of graduates in the
4488	designated program within a specific time period. Grant
4489	recipients must submit periodic reports to the department
4490	documenting compliance with the accountability measures
4491	established by the department.
4492	(8)  Subsequent to the first year of funding for the
4493	SUCCEED, FLORIDA! Crucial Professionals Program, priority for
4494	awarding grants shall be for renewal grants to programs that are
4495	making adequate progress toward their contracted production,
4496	including nursing programs and teaching programs at institutions
4497	that received funding from the SUCCEED, FLORIDA! Crucial
4498	Professionals Program during the 2005-2006 fiscal year. Renewal
4499	award amounts shall be tied to student retention; the production
4500	of degrees, certificates, or diplomas; the number of graduates
4501	placed in the targeted professions in the state; or other
4502	accountability measures determined by the department.
4503	1011.965  SUCCEED, FLORIDA! Crucial Professionals Nursing
4504	Education Grant Program.--The SUCCEED, FLORIDA! Crucial
4505	Professionals Nursing Education Grant Program is established as
4506	a contract grant program within the Department of Education to
4507	increase the capacity of nursing programs approved by the Board
4508	of Nursing at postsecondary educational institutions to produce
4509	more nurses or nursing faculty to enter the workforce in the
4510	state. The department shall establish application procedures,
4511	guidelines, accountability measures, and timelines for
4512	implementation of the grant program and advise all Board of
4513	Nursing approved programs accordingly.
4514	(1)  Proposals for a grant authorized pursuant to this
4515	section must:
4516	(a)  Indicate the number of students to be served, the
4517	length of the proposed program, and the projected cost.
4518	(b)  Document the workforce need to be addressed through
4519	the expanded capacity of the existing nursing program.
4520	(c)  Demonstrate a pool of qualified applicants to fill the
4521	expanded capacity.
4522	(2)  Funds for a grant provided pursuant to this section
4523	must be used to support new students and not to supplant current
4524	funding or students. An institution applying for a grant must
4525	certify to the department that it will not reduce funding or the
4526	current level of enrollment in its existing nursing program. Any
4527	such reduction shall result in a pro rata reduction in the grant
4528	awarded pursuant to this section.
4529	(3)  Priority in the awarding of new grants authorized
4530	pursuant to this section shall be given to proposals that comply
4531	with three or more of the following:
4532	(a)  Proposals that result in new nurses in the workforce
4533	or nurses moving to a higher level on the career ladder.
4534	(b)  Proposals that could be implemented as early as the
4535	fall 2005.
4536	(c)  Proposals that include partnerships or collaborations
4537	with other institutions, programs, or health care providers.
4538	(d)  Proposals for programs offered at the worksite or
4539	through distance learning that permit nurses to achieve a higher
4540	level of nursing licensure.
4541	(e)  Proposals for accelerated programs that shorten the
4542	time required to receive a diploma, certificate, or degree;
4543	obtain licensure; and enter the workforce.
4544	(f)  Proposals that target exiting military personnel or
4545	other persons interested in making career changes.
4546	(g)  Proposals from nursing programs with demonstrated
4547	success as evidenced by graduation rates, licensure examination
4548	passage rates, and placement of graduates in nursing employment
4549	in the state.
4550	(h)  Proposals for programs that would address the state's
4551	need for rapid production of highly skilled clinical nurses and
4552	qualified nursing faculty, such as the fast-track baccalaureate
4553	to doctoral program, the Clinical Nurse Leader Program, and the
4554	Doctor of Nursing Practice program.
4555	(4)  Subsequent to the first year of funding for the grant
4556	program, priority for awarding grants shall be for renewal
4557	grants to nursing programs that are making adequate progress
4558	towards their contracted production.
4559	(5)  Grant recipients must enter into a contract between
4560	the postsecondary educational institution and the state to
4561	produce a specific number of nursing graduates within a specific
4562	time period.
4563	(6)  Nursing programs receiving grants pursuant to this
4564	section must submit periodic reports to the department
4565	documenting compliance with the accountability measures
4566	established by the department. Award amounts in subsequent years
4567	shall be tied to student retention; the production of degrees,
4568	certificates, or diplomas; and the number of graduates placed in
4569	a nursing position in the state.
4570	(7)  Proposals submitted pursuant to this section shall be
4571	reviewed by the Board of Nursing and the State Board of
4572	Education. Final approval and level of funding shall be
4573	determined by the State Board of Education with consideration
4574	given to comments submitted to the State Board of Education by
4575	the Board of Nursing.
4576	(8)  The State Board of Education shall monitor compliance
4577	with accountability requirements.
4578	(9)  By February 1, 2006, the State Board of Education
4579	shall submit a report to the President of the Senate and the
4580	Speaker of the House of Representatives on the status of
4581	implementation of the grant program.
4582	1011.97  SUCCEED, FLORIDA! Career Paths Program.--
4583	(1)  The SUCCEED, FLORIDA! Career Paths Program is
4584	established as a grant program within the Department of
4585	Education to provide startup grants to offset implementation
4586	costs of partnerships between a district school board or the
4587	Florida Virtual School and one or more businesses, industries,
4588	or postsecondary educational institutions to operate a career
4589	and professional academy pursuant to s. 1014.21. The Office of
4590	Career Education in the department shall administer the startup
4591	grants.
4592	(2)  A district school board or the Florida Virtual School
4593	may apply to the Office of Career Education for a grant which
4594	must be provided through a competitive process and may be used
4595	only for a career and professional academy.
4596	(3)  A high school that currently has a career academy,
4597	career institute, industry-certified program, or
4598	preapprenticeship program as well as a charter technical career
4599	center shall be eligible to apply for a grant to redesign its
4600	programs to meet the rigorous and relevant academic standards of
4601	a career and professional academy.
4602	(4)  Curriculum and content developed in a career and
4603	professional academy as a result of a startup grant shall be
4604	made available to all school districts.
4605	1011.98  SUCCEED, FLORIDA! Great Jobs Program.--
4606	(1)  The SUCCEED, FLORIDA! Great Jobs Program is
4607	established to award funds to public and private postsecondary
4608	educational institutions in the state on a competitive basis to
4609	produce more qualified and trained graduates to enter high-
4610	skill, high-wage occupations in the state.
4611	(2)  Beginning with the 2006-2007 fiscal year, funds
4612	appropriated by the Legislature to the Department of Education
4613	for the SUCCEED, FLORIDA! Great Jobs Program shall be
4614	distributed according to the provisions of this section.
4615	(3)  The department shall develop and issue annually a
4616	request for proposals. The department shall establish
4617	application procedures, guidelines, accountability measures, and
4618	timelines for implementation of the grant program.
4619	(4)  Proposals for a grant authorized pursuant to this
4620	section must:
4621	(a)  Indicate the number of students to be served, the
4622	length of the proposed program, and the total projected cost to
4623	students and the state. Funds for a grant provided pursuant to
4624	this section must be used to support new students and not to
4625	supplant current funding or students.
4626	(b)  Document the workforce need to be addressed.
4627	(c)  Demonstrate a pool of qualified applicants.
4628	(d)  Be submitted by a public or nonpublic postsecondary
4629	educational institution in the state that provides postsecondary
4630	instruction in a field that produces graduates prepared to enter
4631	an occupation identified in the priority list established
4632	pursuant to subsection (5). For purposes of this section,
4633	postsecondary educational institutions include school district
4634	career centers that offer postsecondary programs.
4635	(e)  Indicate the number of postsecondary diplomas,
4636	certificates, or degrees that the institution will award using
4637	funds received pursuant to this section and the fields in which
4638	the diplomas, certificates, or degrees will be awarded.
4639	(f)  Indicate how the funds received will leverage private
4640	industry contributions, grants, or scholarships and how the
4641	funds will be used to offset costs to the state for program
4642	startup or expansion or to offset student tuition costs.
4643	(5)  By March 1, 2006, and annually thereafter, the State
4644	Board of Education, using information provided by the Workforce
4645	Estimating Conference pursuant to s. 216.136(9), shall advise
4646	the Legislature of the workforce needs in high-skill, high-wage
4647	occupations and the geographic locations of these needs. The
4648	Legislature shall annually establish a priority list for funds
4649	provided pursuant to this section in the General Appropriations
4650	Act.
4651	(6)  The State Board of Education must review proposals and
4652	determine funding to be provided based on the priority list
4653	established pursuant to subsection (5).
4654	(7)  Grant recipients must enter into a contract with the
4655	state to produce a specific number of graduates in the
4656	designated program within a specific time period. Grant
4657	recipients must submit periodic reports to the department
4658	documenting compliance with the accountability measures
4659	established by the department. The State Board of Education must
4660	monitor compliance with the accountability requirements.
4661	(8)  Final payments shall be tied to the number of degrees,
4662	certificates, or diplomas produced and the number of graduates
4663	placed in the state.
4664	Section 87.  Section 1012.82, Florida Statutes, is amended
4665	to read:
4666	1012.82  Teaching faculty; minimum teaching hours per
4667	week.--Each full-time member of the teaching faculty at any
4668	community college, including faculty who teach upper-division
4669	courses that are a component part of a baccalaureate degree
4670	program approved pursuant to s. 1007.33, who is paid wholly from
4671	funds appropriated from the community college program fund shall
4672	teach a minimum of 15 classroom contact hours per week at such
4673	institution. However, the required classroom contact hours per
4674	week may be reduced upon approval of the president of the
4675	institution in direct proportion to specific duties and
4676	responsibilities assigned the faculty member by his or her
4677	departmental chair or other appropriate college administrator.
4678	Such specific duties may include specific research duties,
4679	specific duties associated with developing television, video
4680	tape, or other specifically assigned innovative teaching
4681	techniques or devices, or assigned responsibility for off-campus
4682	student internship or work-study programs. A "classroom contact
4683	hour" consists of a regularly scheduled classroom activity of
4684	not less than 50 minutes in a course of instruction which has
4685	been approved by the community college board of trustees. Any
4686	full-time faculty member who is paid partly from community
4687	college program funds and partly from other funds or
4688	appropriations shall teach a minimum number of classroom contact
4689	hours per week in such proportion to 15 classroom contact hours
4690	as his or her salary paid from community college program funds
4691	bears to his or her total salary.
4692	Section 88.  Subsection (2) of section 1013.60, Florida
4693	Statutes, is amended to read:
4694	1013.60  Legislative capital outlay budget request.--
4695	(2)  The commissioner shall submit to the Governor and to
4696	the Legislature an integrated, comprehensive budget request for
4697	educational facilities construction and fixed capital outlay
4698	needs for school districts, community colleges, and
4699	universities, pursuant to the provisions of s. 1013.64 and
4700	applicable provisions of chapter 216. Each community college
4701	board of trustees and each university board of trustees shall
4702	submit to the commissioner a 3-year plan and data required in
4703	the development of the annual capital outlay budget. Community
4704	college boards of trustees may request funding for all
4705	authorized programs, including approved baccalaureate degree
4706	programs. Such a request for funding must be submitted as a part
4707	of the 3-year priority list for community colleges pursuant to
4708	s. 1013.64(4)(a). Enrollment in approved baccalaureate degree
4709	programs or baccalaureate degree programs offered under a formal
4710	agreement with another college or university pursuant to s.
4711	1007.33 may be computed into the survey of need for facilities
4712	if the partner is not defraying the cost. No further
4713	disbursements shall be made from the Public Education Capital
4714	Outlay and Debt Service Trust Fund to a board of trustees that
4715	fails to timely submit the required data until such board of
4716	trustees submits the data.
4717	Section 89.  Chapter 1014, Florida Statutes, consisting of
4718	sections 1014.01, 1014.05, 1014.15, 1014.18, and 1014.21, is
4719	created to read:
4720	1014.01  Career education.--
4721	(1)  As used in this chapter, the term "career education"
4722	includes career certificate programs, applied technology diploma
4723	programs, degree career education programs, apprenticeship and
4724	preapprenticeship programs, career academy programs, and other
4725	rigorous career education programs offered by school districts,
4726	the Florida Virtual School, and postsecondary educational
4727	institutions to prepare students for rewarding careers.
4728	(2)  The rigorous career education system shall:
4729	(a)  Prepare students in career education programs,
4730	including career and professional academies, to:
4731	1.  Succeed in postsecondary education.
4732	2.  Attain and sustain employment and have the opportunity
4733	to realize economic self-sufficiency.
4734	(b)  Prepare students to enter rewarding careers identified
4735	by the Workforce Estimating Conference, pursuant to s. 216.136,
4736	and other programs of critical state need as approved by
4737	Workforce Florida, Inc.
4738	(c)  Produce skilled employees for employers in the state
4739	pursuant to s. 445.006(1).
4740	1014.05  Guiding principles for career education.--
4741	(1)  All students should have the opportunity to graduate
4742	from high school ready to embark on rewarding careers and
4743	prepared for postsecondary education.
4744	(2)  Both secondary and postsecondary career education
4745	programs must include a rigorous and relevant academic program.
4746	(3)  Instructional delivery systems for both secondary and
4747	postsecondary career education programs should include qualified
4748	teachers delivering a career education curriculum in a relevant
4749	context with student-centered, research-based instructional
4750	strategies and a rigorous standards-based academic curriculum.
4751	1014.15  Deputy Commissioner of Career Education; Office of
4752	Career Education.--
4753	(1)  The position of Deputy Commissioner of Career
4754	Education is established in the Department of Education to
4755	direct the department's Office of Career Education established
4756	in s. 1001.20(4). The deputy commissioner shall be responsible
4757	for evaluating the role of public and private secondary and
4758	postsecondary educational programs in providing rigorous career
4759	education and reporting to the Commissioner of Education the
4760	effectiveness of such programs; developing in partnership with
4761	the business community and Workforce Florida, Inc., a statewide
4762	marketing plan for secondary career education to attract high
4763	school students into careers of critical state need; and
4764	promoting seamless articulation throughout the career education
4765	system. The deputy commissioner shall be a person with
4766	established business credentials or proven success in
4767	collaborating with the private sector in designing and
4768	implementing successful career education programs as described
4769	in s. 1014.21. The deputy commissioner shall be appointed by the
4770	Commissioner of Education and shall report to the commissioner.
4771	(2)  The Office of Career Education shall promote a
4772	seamless secondary through postsecondary career education system
4773	that is flexible, able to respond in a timely manner to student
4774	and workforce needs, and not controlled by any one education
4775	sector.
4776	1014.18  Legislative expectations and funding criteria for
4777	the career education system.--Legislative expectations and
4778	funding criteria for the rigorous career education system are as
4779	follows:
4780	(1)  Seamless career education articulation both vertically
4781	and horizontally.
4782	(2)  Creative career counseling strategies and enhanced
4783	guidance structures, including:
4784	(a)  A secondary and postsecondary academic and career
4785	education online student advising and guidance system that is
4786	student and parent friendly and partners with the business and
4787	industry community as well as postsecondary educational
4788	institutions in this state and other states.
4789	(b)  Promotion in middle school of secondary and
4790	postsecondary career education programs, including opportunities
4791	to participate in a career and professional academy. Such
4792	promotion shall take place through middle school exploratory
4793	courses and use of the secondary and postsecondary academic and
4794	career education online student advising and guidance system
4795	described in s. 1006.01.
4796	(c)  Involvement of Workforce Florida, Inc., and regional
4797	workforce boards.
4798	(d)  Partnerships with business and industry using tools,
4799	equipment, and systems used in the business setting, including
4800	internships, externships, and on-the-job training.
4801	(e)  Opportunities and encouragement for parent
4802	participation in secondary and postsecondary career education
4803	planning.
4804	(f)  Professional development programs to assist guidance
4805	counselors in using a mentor-teacher guidance model.
4806	(3)  Review of Sunshine State Standards for high school to
4807	ensure that they incorporate the appropriate rigor and relevance
4808	based on research-based programs that have been proven to be
4809	effective.
4810	(4)  Review, by December 1, 2006, of current high school
4811	graduation requirements and high school course enrollments to
4812	determine the effect of increasing high school graduation
4813	requirements to include four credits in mathematics and science
4814	and eliminate the options for satisfying Algebra I.
4815	(5)  Review of teaching practices and pedagogy in all
4816	teacher preparation pathways to ensure that future teachers are
4817	able to deliver rigorous instruction in a relevant manner using
4818	real world work experience to teach specific skills.
4819	(6)  Professional development for current teachers which
4820	focuses on student-centered instructional strategies that move
4821	students from the early learning stage of awareness to higher
4822	learning stages of analysis, adaptation, and application of
4823	knowledge.
4824	(7)  Development of career and professional academies,
4825	including:
4826	(a)  Rigorous and relevant academic standards and curricula
4827	and increased academic performance of students and schools using
4828	school-level accountability data.
4829	(b)  Best practices that include rigorous and relevant
4830	academic standards and curricula, are based on research and
4831	proven effective programs, and include preparation of high
4832	school graduates for rewarding careers and postsecondary
4833	education.
4834	(c)  A plan for replicating successful academies that
4835	demonstrate high performance in preparing students for both
4836	rewarding careers and postsecondary education and that respond
4837	to workforce needs.
4838	(8)  Significant improvements in coordination and quality
4839	of career education data collection, including comparison of
4840	diploma, certificate, and degree production to workforce needs;
4841	secondary and postsecondary career education program followup
4842	surveys to determine student outcomes; second-year postsecondary
4843	student resume postings on the Workforce Florida, Inc.,
4844	employment website; and submission of student enrollment and
4845	graduation information to the Florida Education and Training
4846	Placement Information Program.
4847	(9)  Elimination of waiting lists for rigorous secondary
4848	and postsecondary career education programs.
4849	(10)  Aggressive promotion of the Bright Futures Florida
4850	Gold Seal Vocational Scholarship as a career-enhancing
4851	scholarship applicable to all postsecondary career education
4852	programs.
4853	(11)  Establishment of secondary and postsecondary career
4854	education best practices for relevant student-centered,
4855	research-based instructional strategies.
4856	(12)  Regular review of all secondary career education
4857	courses to identify those courses equivalent to postsecondary
4858	career education courses based on course content for inclusion
4859	in dual enrollment programs.
4860	(13)  A marketing plan for secondary career education to
4861	attract high school students into careers of critical state
4862	need, developed in partnership with the business community and
4863	Workforce Florida, Inc., that includes:
4864	(a)  Direct statewide marketing to students and families in
4865	cooperation with Workforce Florida, Inc., and the Agency for
4866	Workforce Innovation.
4867	(b)  Business participation in all career education
4868	programs through the use of incentives.
4869	(c)  Professional recruiters to provide information and
4870	career opportunities.
4871	(d)  Advertisements and public service announcement
4872	campaigns designed by business representatives to inform
4873	students and their parents about career education programs and
4874	career and employment opportunities.
4875	(14)  Strong coordination with Workforce Florida, Inc., and
4876	the Agency for Workforce Innovation.
4877	(15)  Workforce skills-based training that assesses
4878	workforce skills and matches these skills with specific careers.
4879	(16)  Strong criteria and accountability measures for
4880	postsecondary career education programs, including increased
4881	participant completion rates, program accountability, and
4882	longitudinal program evaluation.
4883	(17)  Identification and elimination of low-performing and
4884	geographically duplicative career education programs.
4885	(18)  Incentives to encourage successful participant
4886	completion of postsecondary career education programs.
4887	(19)  A methodology for business experts to be able to
4888	teach career education subjects within their areas of expertise
4889	in postsecondary career education programs.
4890	(20)  Provision of postsecondary career education programs
4891	in time segments needed by business.
4892	(21)  Career education regional strategic plans coordinated
4893	with regional workforce boards, area chambers of commerce, local
4894	employers, school districts, career centers, and community
4895	colleges that address:
4896	(a)  Articulation agreements between secondary and
4897	postsecondary career education and college programs for a
4898	seamless transition of students and maximum transferability of
4899	coursework through the career education system.
4900	(b)  Career ladders for students from high school through
4901	higher levels of postsecondary training.
4902	(c)  Access to career education programs through multiple
4903	site offerings, short-term accelerated training options, and
4904	distance learning.
4905	(22)  Beginning December 31, 2005, and each year
4906	thereafter, an articulation audit for secondary and
4907	postsecondary career education that:
4908	(a)  Focuses on courses and programs within the industry
4909	sector targeted by Enterprise Florida, Inc., for economic
4910	development.
4911	(b)  Identifies specific improvements needed to maximize
4912	credit given to public and private secondary and postsecondary
4913	students.
4914	(c)  Identifies successful local articulation agreements
4915	that could be replicated statewide.
4916	(d)  Identifies courses in career centers that articulate
4917	to degree programs at postsecondary educational institutions.
4918	(23)  Recommendations for changes to the current funding
4919	methodology leading to:
4920	(a)  Heightened recognition of the critical role of
4921	rigorous career education to the state's workforce needs.
4922	(b)  Flexibility of rigorous career education programs to
4923	fill critical need careers.
4924	(c)  Leveraging of private resources to create public-
4925	private career education partnerships.
4926	(d)  Criteria for funding public postsecondary career
4927	education that is consistent whether offered in the community
4928	college system or the public school system.
4929	(e)  SUCCEED, FLORIDA! Career Paths Program competitive
4930	grants as provided in the General Appropriations Act.
4931	(f)  Identification of appropriate cost categories and, if
4932	needed, weighted enrollment funding for each cost category in
4933	the Florida Education Finance Program for career and
4934	professional academy courses or programs that use technology,
4935	equipment, materials, and consumable supplies reflective of
4936	industry requirements or industry certification requirements.
4937	(24)  Annual recommendations for statutory and funding
4938	revisions needed to enhance the career education system.
4939	(25)  A clear and detailed annual report on the progress of
4940	full implementation of the career education system.
4941	1014.21  Career and professional academies.--
4942	(1)  Effective July 1, 2005, a "career and professional
4943	academy" means a research-based, rigorous career education
4944	program that combines relevant academic and technical curricula
4945	around a career theme and is offered by a school district,
4946	collaborating school districts, or the Florida Virtual School
4947	for the purpose of providing an instructional delivery system
4948	that incorporates relevant and rigorous academic standards with
4949	industry and business relevancy.
4950	(2)  Career and professional academies may be offered
4951	through career academies, career institutes, industry-certified
4952	career education programs, preapprenticeship programs, or
4953	charter technical career centers.
4954	(3)  Use of the title "career and professional academy" may
4955	be employed by one or more programs in a high school, a school
4956	within a high school, or a career center, but may only be used
4957	when each program using the title is fully compliant with the
4958	criteria in subsection (4).
4959	(4)  Each career and professional academy must:
4960	(a)  Provide a rigorous and relevant standards-based
4961	academic curriculum through a career-based theme, using
4962	instruction relevant to the career. The curriculum must take
4963	into consideration multiple styles of student learning; promote
4964	learning by doing through application and adaptation; maximize
4965	relevance of the subject matter; enhance each student's capacity
4966	to excel; and include an emphasis on work habits and work
4967	ethics. Such instruction may include diversified cooperative
4968	education, work experience, on-the-job training, and dual
4969	enrollment.
4970	(b)  Include one or more partnerships with businesses,
4971	employers, industry economic development agencies, or other
4972	appropriate sectors of the local community. Such a partnership
4973	should include the opportunity for persons who are highly
4974	skilled in the targeted subject matter of an academy program to
4975	provide instruction for the academy.
4976	(c)  Include one or more partnerships with a private or
4977	public postsecondary educational institution accredited by a
4978	regional or national accrediting agency recognized by the United
4979	States Department of Education. The educational partner must
4980	agree to articulate coursework to maximize transferability of
4981	credit.
4982	(d)  Include program offerings which correlate directly
4983	with industry certifications, with targeted high-priority local
4984	business and career opportunities, and with high-growth, high-
4985	demand, and high-pay occupations identified on the statewide
4986	targeted occupations list of the Workforce Estimating
4987	Conference.
4988	(e)  Establish strong eligibility criteria for student
4989	participation. While recognizing that rigorous academic
4990	performance will be expected of all students participating in an
4991	academy, initial eligibility criteria should permit
4992	opportunities for students who may not yet meet the academic
4993	requirements but demonstrate characteristics that may lead to
4994	success in an academy. The aim of an academy should be to serve
4995	not only students who are already succeeding but also students
4996	who would succeed if the proper teaching and motivational
4997	opportunities are provided.
4998	(f)  Establish relationships with business partners for use
4999	of state-of-the-art equipment in the instructional program of
5000	each academy.
5001	(5)  A course offered by the Florida Virtual School related
5002	to a career and professional academy program shall give priority
5003	for enrollment to public school students in a career and
5004	professional academy that does not have the specific career or
5005	professional course offering.
5006	(6)  Middle schools are encouraged to develop curricula and
5007	classes that will prepare students to easily and seamlessly
5008	enter high school career and professional academies.
5009	(7)(a)  The State Board of Education shall adopt rules
5010	under ss. 120.536(1) and 120.54 to administer the provisions of
5011	this section.
5012	(b)  The State Board of Education, pursuant to s. 1008.32,
5013	shall enforce the provisions of this section.
5014	Section 90.  Paragraphs (h) and (l) of subsection (4) of
5015	section 215.20, Florida Statutes, are amended to read:
5016	215.20  Certain income and certain trust funds to
5017	contribute to the General Revenue Fund.--
5018	(4)  The income of a revenue nature deposited in the
5019	following described trust funds, by whatever name designated, is
5020	that from which the appropriations authorized by subsection (3)
5021	shall be made:
5022	(h)  Within the Department of Education:
5023	1.  The Educational Certification and Service Trust Fund.
5024	2.  The Phosphate Research Trust Fund.
5025	3.  The Nursing Student Loan Reimbursement Trust Fund.
5026	(l)  Within the Department of Health:
5027	1.  The Administrative Trust Fund.
5028	2.  The Brain and Spinal Cord Injury Program Trust Fund.
5029	3.  The Donations Trust Fund.
5030	4.  The Emergency Medical Services Trust Fund.
5031	5.  The Epilepsy Services Trust Fund.
5032	6.  The Florida Drug, Device, and Cosmetic Trust Fund.
5033	7.  The Grants and Donations Trust Fund.
5034	8.  The Medical Quality Assurance Trust Fund.
5035	9.  The Nursing Student Loan Forgiveness Trust Fund.
5036	9.10.  The Planning and Evaluation Trust Fund.
5037	10.11.  The Radiation Protection Trust Fund.
5038
5039	The enumeration of the foregoing moneys or trust funds shall not
5040	prohibit the applicability thereto of s. 215.24 should the
5041	Governor determine that for the reasons mentioned in s. 215.24
5042	the money or trust funds should be exempt herefrom, as it is the
5043	purpose of this law to exempt income from its force and effect
5044	when, by the operation of this law, federal matching funds or
5045	contributions or private grants to any trust fund would be lost
5046	to the state.
5047	Section 91.  Discounted computers and Internet access for
5048	students.--
5049	(1)  There is created a program to offer computers and
5050	Internet access at a discounted price to students enrolled in
5051	grades 5 through 12 in a public school in the state.
5052	(2)  The Department of Education shall negotiate with
5053	computer manufacturers and with nonprofit corporations that
5054	obtain reconditioned computer hardware concerning:
5055	(a)  The prices of discounted computers and whether
5056	computer accessories such as printers or scanners will be
5057	offered to the students at reduced prices.
5058	(b)  Specialized software and hardware packages, including,
5059	but not limited to:
5060	1.  A word processor;
5061	2.  Software and hardware necessary to enable broadband
5062	Internet access; and
5063	3.  An operating system.
5064	(c)  The type of warranty that is to be provided to the
5065	students and whether an extended warranty will be available to
5066	the students and under what terms.
5067	(3)  The Department of Education shall negotiate with
5068	broadband Internet access providers concerning the prices of
5069	discounted broadband Internet access packages. In areas in which
5070	broadband Internet access is not currently available, the
5071	department shall negotiate with non-broadband Internet access
5072	providers.
5073	(4)  The Department of Education shall adopt rules
5074	concerning:
5075	(a)  How to integrate into this program the provision of
5076	computer or technical training to students in their respective
5077	school districts.
5078	(b)  How parents and students may be notified of the
5079	discounted computer and Internet access choices available.
5080	(c)  The distribution of eligibility certificates to the
5081	students, the locations at which discounted computers and
5082	Internet access services are available for purchase, and how
5083	students may obtain and pay for the equipment and services
5084	covered by this program.
5085	Section 92.  Discounted computers and Internet access for
5086	low-income students; pilot project.--
5087	(1)  The Digital Divide Council, in consultation with the
5088	Department of Education, shall implement a pilot project to
5089	assist low-income students to purchase discounted computers and
5090	Internet access services as negotiated by the department. The
5091	council shall identify counties, grade levels, and low-income
5092	eligibility criteria for participation in the pilot project.
5093	(2)  The pilot project shall be funded in an amount to be
5094	determined in the General Appropriations Act. The Digital Divide
5095	Council is authorized to accept grants from additional public
5096	and private sources to implement the pilot project.
5097	Section 93.  The Office of Program Policy Analysis and
5098	Government Accountability shall monitor and study how career and
5099	professional academies are implemented in the state. The
5100	following shall be the major focus of the study: to determine
5101	whether and how much postsecondary course credit is awarded to
5102	students and whether that credit is transferable to institutions
5103	other than the postsecondary partner; to determine the extent to
5104	which courses are articulating to higher certificates and
5105	degrees; to determine if there is a better way to coordinate a
5106	seamless progression for students in a career and professional
5107	academy program from middle school through high school and
5108	postsecondary education; and to make recommendations for future
5109	changes for oversight and coordination of career education
5110	courses and programs. The Office of Program Policy Analysis and
5111	Government Accountability shall also determine the extent to
5112	which and under what conditions vocational and technical centers
5113	in states that are members of the Southern Regional Education
5114	Board are permitted to use the term "college" as part of their
5115	name and the impact of such usage on accreditation, transfer of
5116	credit, and other articulation issues. The report and
5117	recommendations shall be submitted to the Governor, the
5118	President of the Senate, and the Speaker of the House of
5119	Representatives by December 1, 2007.
5120	Section 94.  The Office of Program Policy Analysis and
5121	Government Accountability shall conduct a study to examine how
5122	each state university supports students in making timely
5123	progress toward the completion of the student's degree. The
5124	study shall review, at a minimum, how each university informs
5125	students of the courses they must successfully complete for
5126	their majors; how students are advised of satisfactory progress
5127	toward completion of degrees; and the process used by the
5128	institution to ensure that courses required for completion of a
5129	degree are available each term. The study shall also evaluate
5130	the effectiveness of each state university's current procedures,
5131	assess the cost of implementing a universal tracking degree
5132	audit system, and assess what savings would be accrued from such
5133	a system. A report of the results of the study shall be
5134	submitted to the Governor, the President of the Senate, and the
5135	Speaker of the House of Representatives by January 1, 2006.
5136	Section 95.  By July 1, 2006, the Department of Education,
5137	with input from public and private postsecondary educational
5138	institutions, shall identify national standardized or licensure
5139	examinations by which secondary and postsecondary students may
5140	demonstrate mastery of postsecondary nursing course material and
5141	earn postsecondary credit for such courses. The examinations and
5142	corresponding minimum scores required for an award of credit
5143	shall be delineated by the State Board of Education in the
5144	statewide articulation agreement. The delineation of such
5145	examinations shall not preclude community colleges and
5146	universities from awarding credit by examination based on
5147	student performance on examinations developed within and
5148	recognized by the individual postsecondary educational
5149	institutions. By February 1, 2006, the Department of Education
5150	shall provide to the Governor, the President of the Senate, and
5151	the Speaker of the House of Representatives a status report on
5152	implementation of this section.
5153	Section 96.  All statutory powers, duties, functions,
5154	records, positions, property, and unexpended balances of
5155	appropriations, allocations, or other funds of the Department of
5156	Health relating to the Nursing Student Loan Reimbursement
5157	Program and the Nursing Student Loan Reimbursement Trust Fund as
5158	created in s. 1009.66, Florida Statutes, and the Nursing
5159	Scholarship Loan Program as created in s. 1009.67, Florida
5160	Statutes, are transferred by a type two transfer as provided for
5161	in s. 20.06(2), Florida Statutes, from the Department of Health
5162	to the Department of Education.
5163	Section 97.  To provide statewide guidance and coordination
5164	with regard to bachelor of applied science degree programs,
5165	minimize the unnecessary proliferation of such programs in
5166	narrowly defined specialty areas, and assist the State Board of
5167	Education in making decisions relating to the approval of
5168	proposals from community colleges to offer such programs, the
5169	state board shall convene a workgroup with representatives from
5170	community colleges, state universities, and independent colleges
5171	and universities to develop recommendations on the degree
5172	requirements for a bachelor of applied science degree and
5173	protocols for accepting credits earned by transfer students in
5174	such programs. The State Board of Education shall submit a
5175	report on the findings and recommendations of the workgroup to
5176	the President of the Senate and the Speaker of the House of
5177	Representatives by February 1, 2006. This does not preclude any
5178	recommendation or authorization regarding the Daytona Beach
5179	Community College proposal for a bachelor of applied science
5180	degree program presented at the April 2005 meeting of the State
5181	Board of Education.
5182	Section 98.  Approval is granted for the endowment for the
5183	Appleton Museum of Art, currently held by the Appleton Cultural
5184	Center, Inc., to be transferred to the Central Florida Community
5185	College Foundation. The endowment to be transferred, which
5186	includes state matching funds, was established in 1987 through
5187	the Cultural Arts Endowment Program. By this provision, the
5188	Central Florida Community College Foundation is authorized to
5189	manage the endowment only for the support of the educational
5190	program at the Appleton Museum of Art and is released from all
5191	other provisions of the Trust Agreement dated July 17, 1987, by
5192	and between the State of Florida and the Appleton Cultural
5193	Center, Inc., and ss. 265.601-265.607, Florida Statutes.
5194	Section 99.  Section 1002.39, Florida Statutes, is amended
5195	to read:
5196	1002.39  The John M. McKay Scholarships for Students with
5197	Disabilities Program.--There is established a program that is
5198	separate and distinct from the Opportunity Scholarship Program
5199	and is named the John M. McKay Scholarships for Students with
5200	Disabilities Program, pursuant to this section.
5201	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
5202	DISABILITIES PROGRAM.--The John M. McKay Scholarships for
5203	Students with Disabilities Program is established to provide the
5204	option to attend a public school other than the one to which
5205	assigned, or to provide a scholarship to a private school of
5206	choice, for students with disabilities for whom an individual
5207	education plan has been written in accordance with rules of the
5208	State Board of Education. Students with disabilities include K-
5209	12 students who are documented as having mental retardation; a
5210	mentally handicapped, speech or and language impairment; a
5211	impaired, deaf or hard of hearing impairment, including
5212	deafness; a visual impairment, including blindness; a visually
5213	impaired, dual sensory impairment; a physical impairment; a
5214	serious emotional disturbance, including an emotional handicap;
5215	a impaired, physically impaired, emotionally handicapped,
5216	specific learning disability, including, but not limited to,
5217	dyslexia, dyscalculia, or developmental aphasia; a traumatic
5218	brain injury; disabled, hospitalized or homebound, or autism
5219	autistic.
5220	(2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of
5221	a public school student with a disability who is dissatisfied
5222	with the student's progress may request and receive from the
5223	state a John M. McKay Scholarship for the child to enroll in and
5224	attend a private school in accordance with this section if:
5225	(a)  By assigned school attendance area or by special
5226	assignment, The student has spent the prior school year in
5227	attendance at a Florida public school or the Florida School for
5228	the Deaf and the Blind. Prior school year in attendance means
5229	that the student was:
5230	1.  Enrolled and reported by a school district for funding
5231	during the preceding October and February Florida Education
5232	Finance Program surveys in kindergarten through grade 12, which
5233	shall include time spent in a Department of Juvenile Justice
5234	commitment program if funded under the Florida Education Finance
5235	Program;
5236	2.  Enrolled and reported by the Florida School for the
5237	Deaf and the Blind during the preceding October and February
5238	student membership surveys in kindergarten through grade 12; or
5239	3.  Enrolled and reported by a school district for funding
5240	during the preceding October and February Florida Education
5241	Finance Program surveys, at least 4 years old when so enrolled
5242	and reported, and eligible for services under s. 1003.21(1)(e).
5243
5244	However, this paragraph does not apply to a dependent child of a
5245	member of the United States Armed Forces who transfers to a
5246	school in this state from out of state or from a foreign country
5247	pursuant to a parent's permanent change of station orders is
5248	exempt from this paragraph but. A dependent child of a member of
5249	the United States Armed Forces who transfers to a school in this
5250	state from out of state or from a foreign country pursuant to a
5251	parent's permanent change of station orders must meet all other
5252	eligibility requirements to participate in the program.
5253	(b)  The parent has obtained acceptance for admission of
5254	the student to a private school that is eligible for the program
5255	under subsection (8)(4) and has requested from the department
5256	notified the school district of the request for a scholarship at
5257	least 60 days prior to the date of the first scholarship
5258	payment. The request parental notification must be through a
5259	communication directly to the department district or through the
5260	Department of Education to the district in a manner that creates
5261	a written or electronic record of the request notification and
5262	the date of receipt of the request notification.
5263
5264	This section does not apply to a student who is enrolled in a
5265	school operating for the purpose of providing educational
5266	services to youth in Department of Juvenile Justice commitment
5267	programs. For purposes of continuity of educational choice, the
5268	scholarship shall remain in force until the student returns to a
5269	public school or graduates from high school. However, at any
5270	time, the student's parent may remove the student from the
5271	private school and place the student in another private school
5272	that is eligible for the program under subsection (4) or in a
5273	public school as provided in subsection (3).
5274	(3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is
5275	not eligible for a John M. McKay Scholarship while he or she is:
5276	(a)  Enrolled in a school operating for the purpose of
5277	providing educational services to youth in Department of
5278	Juvenile Justice commitment programs.
5279	(b)  Receiving a corporate income tax credit scholarship
5280	under s. 220.187.
5281	(c)  Receiving an educational scholarship pursuant to this
5282	chapter.
5283	(d)  Participating in a home education program as defined
5284	in s. 1002.01(1).
5285	(e)  Participating in a private tutoring program pursuant
5286	to s. 1002.43.
5287	(f)  Participating in a virtual school, correspondence
5288	school, or distance learning program that receives state funding
5289	pursuant to the student's participation.
5290	(g)  Enrolled in the Florida School for the Deaf and the
5291	Blind.
5292	(4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.--
5293	(a)  For purposes of continuity of educational choice, a
5294	John M. McKay Scholarship shall remain in force until the
5295	student returns to a public school, graduates from high school,
5296	or reaches the age of 22, whichever occurs first.
5297	(b)  Upon reasonable notice to the department and the
5298	school district, the student's parent may remove the student
5299	from the private school and place the student in a public
5300	school, as provided in subparagraph (5)(a)2.
5301	(c)  Upon reasonable notice to the department, the
5302	student's parent may move the student from one participating
5303	private school to another participating private school.
5304	(5)(3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION
5305	OBLIGATIONS; PARENTAL OPTIONS.--
5306	(a)1.  By April 1 of each year and within 10 days after an
5307	individual education plan meeting, a school district shall
5308	timely notify the parent of the student of all options available
5309	pursuant to this section, inform the parent of the availability
5310	of the department's telephone hotline and Internet website for
5311	additional information on John M. McKay Scholarships, and offer
5312	that student's parent an opportunity to enroll the student in
5313	another public school within the district.
5314	2.  The parent is not required to accept the this offer of
5315	enrolling in another public school in lieu of requesting a John
5316	M. McKay Scholarship to a private school. However, if the parent
5317	chooses the public school option, the student may continue
5318	attending a public school chosen by the parent until the student
5319	graduates from high school.
5320	3.  If the parent chooses a public school consistent with
5321	the district school board's choice plan under s. 1002.31, the
5322	school district shall provide transportation to the public
5323	school selected by the parent. The parent is responsible to
5324	provide transportation to a public school chosen that is not
5325	consistent with the district school board's choice plan under s.
5326	1002.31.
5327	(b)1.  For a student with disabilities who does not have a
5328	matrix of services under s. 1011.62(1)(e), the school district
5329	must complete a matrix that assigns the student to one of the
5330	levels of service as they existed prior to the 2000-2001 school
5331	year.
5332	2.a.  Within 10 school days after it receives notification
5333	of a parent's request for a John M. McKay Scholarship, a
5334	district school board must notify the student's parent if the
5335	matrix has not been completed and inform the parent that the
5336	district is required to complete the matrix within 30 days after
5337	receiving notice of the parent's request for a John M. McKay
5338	Scholarship. This notice should include the required completion
5339	date for the matrix.
5340	b.  The school district must complete the matrix of
5341	services for any student who is participating in the John M.
5342	McKay Scholarships for Students with Disabilities Program and
5343	must notify the department of Education of the student's matrix
5344	level within 30 days after receiving notification of a request
5345	by the student's parent of intent to participate in the
5346	scholarship program. The school district must provide the
5347	student's parent with the student's matrix level within 10
5348	school days after its completion.
5349	c.  The department of Education shall notify the private
5350	school of the amount of the scholarship within 10 days after
5351	receiving the school district's notification of the student's
5352	matrix level. Within 10 school days after it receives
5353	notification of a parent's intent to apply for a McKay
5354	Scholarship, a district school board must notify the student's
5355	parent if the matrix has not been completed and provide the
5356	parent with the date for completion of the matrix required in
5357	this paragraph.
5358	d.  A school district may change a matrix of services only
5359	if the change is to correct a technical, typographical, or
5360	calculation error.
5361	(c)  A school district shall provide notification to
5362	parents of the availability of a reevaluation at least every 3
5363	years of each student who receives a John M. McKay Scholarship.
5364	(d)(c)  If the parent chooses the private school option and
5365	the student is accepted by the private school pending the
5366	availability of a space for the student, the parent of the
5367	student must notify the department school district 60 days prior
5368	to the first scholarship payment and before entering the private
5369	school in order to be eligible for the scholarship when a space
5370	becomes available for the student in the private school.
5371	(e)(d)  The parent of a student may choose, as an
5372	alternative, to enroll the student in and transport the student
5373	to a public school in an adjacent school district which has
5374	available space and has a program with the services agreed to in
5375	the student's individual education plan already in place, and
5376	that school district shall accept the student and report the
5377	student for purposes of the district's funding pursuant to the
5378	Florida Education Finance Program.
5379	(f)(e)  For a student in the district who participates in
5380	the John M. McKay Scholarships for Students with Disabilities
5381	Program whose parent requests that the student take the
5382	statewide assessments under s. 1008.22, the district shall
5383	provide locations and times to take all statewide assessments.
5384	(f)  A school district must notify the Department of
5385	Education within 10 days after it receives notification of a
5386	parent's intent to apply for a scholarship for a student with a
5387	disability. A school district must provide the student's parent
5388	with the student's matrix level within 10 school days after its
5389	completion.
5390	(6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
5391	shall:
5392	(a)  Establish a toll-free hotline that provides parents
5393	and private schools with information on participation in the
5394	John M. McKay Scholarships for Students with Disabilities
5395	Program.
5396	(b)  Annually verify the eligibility of private schools
5397	that meet the requirements of subsection (8).
5398	(c)  Establish a process by which individuals may notify
5399	the department of any violation by a parent, private school, or
5400	school district of state laws relating to program participation.
5401	The department shall conduct an investigation of any written
5402	complaint of a violation of this section, or make a referral to
5403	the appropriate agency for an investigation, if the complaint is
5404	signed by the complainant and is legally sufficient. A complaint
5405	is legally sufficient if it contains ultimate facts that show
5406	that a violation of this section or any rule adopted by the
5407	State Board of Education has occurred. In order to determine
5408	legal sufficiency, the department may require supporting
5409	information or documentation from the complainant.
5410	(d)  Require an annual, notarized, sworn compliance
5411	statement by participating private schools certifying compliance
5412	with state laws and shall retain such records.
5413	(e)  Cross-check the list of participating scholarship
5414	students with the public school enrollment lists prior to the
5415	first scholarship payment to avoid duplication.
5416	(7)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.--
5417	(a)  The Commissioner of Education shall deny, suspend, or
5418	revoke a private school's participation in the scholarship
5419	program if it is determined that the private school has failed
5420	to comply with the provisions of this section. However, in
5421	instances in which the noncompliance is correctable within a
5422	reasonable amount of time and in which the health, safety, and
5423	welfare of the students are not threatened, the commissioner may
5424	issue a notice of noncompliance which shall provide the private
5425	school with a timeframe within which to provide evidence of
5426	compliance prior to taking action to suspend or revoke the
5427	private school's participation in the scholarship program.
5428	(b)  The commissioner's determination is subject to the
5429	following:
5430	1.  If the commissioner intends to deny, suspend, or revoke
5431	a private school's participation in the scholarship program, the
5432	department shall notify the private school of such proposed
5433	action in writing by certified mail and regular mail to the
5434	private school's address of record with the department. The
5435	notification shall include the reasons for the proposed action
5436	and notice of the timelines and procedures set forth in this
5437	paragraph.
5438	2.  The private school that is adversely affected by the
5439	proposed action shall have 15 days from receipt of the notice of
5440	proposed action to file with the department's agency clerk a
5441	request for a proceeding pursuant to ss. 120.569 and 120.57. If
5442	the private school is entitled to a hearing under s. 120.57(1),
5443	the department shall forward the request to the Division of
5444	Administrative Hearings.
5445	3.  Upon receipt of a request referred pursuant to this
5446	paragraph, the director of the Division of Administrative
5447	Hearings shall expedite the hearing and assign an administrative
5448	law judge who shall commence a hearing within 30 days after the
5449	receipt of the formal written request by the division and enter
5450	a recommended order within 30 days after the hearing or within
5451	30 days after receipt of the hearing transcript, whichever is
5452	later. Each party shall be allowed 10 days in which to submit
5453	written exceptions to the recommended order. A final order shall
5454	be entered by the agency within 30 days after the entry of a
5455	recommended order. The provisions of this subparagraph may be
5456	waived upon stipulation by all parties.
5457	(c)  The commissioner may immediately suspend payment of
5458	scholarship funds if it is determined that there is probable
5459	cause to believe that there is:
5460	1.  An imminent threat to the health, safety, and welfare
5461	of the students; or
5462	2.  Fraudulent activity on the part of the private school.
5463
5464	The commissioner's order suspending payment pursuant to this
5465	paragraph may be appealed pursuant to the same procedures and
5466	timelines as the notice of proposed action set forth in
5467	paragraph (b).
5468	(8)(4)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
5469	eligible to participate in the John M. McKay Scholarships for
5470	Students with Disabilities Program, a private school must be a
5471	Florida private school, may be sectarian or nonsectarian, and
5472	must:
5473	(a)  Comply with all requirements for private schools
5474	participating in state school choice scholarship programs
5475	pursuant to s. 1002.421.
5476	(b)  Provide the department all documentation required for
5477	a student's participation, including the private school's and
5478	student's fee schedules, at least 30 days before the first
5479	quarterly scholarship payment is made for the student.
5480	(c)  Be academically accountable to the parent for meeting
5481	the educational needs of the student by:
5482	1.  At a minimum, annually providing to the parent a
5483	written explanation of the student's progress.
5484	2.  Cooperating with the scholarship student whose parent
5485	chooses to participate in the statewide assessments pursuant to
5486	s. 1008.22.
5487
5488	The inability of a private school to meet the requirements of
5489	this subsection shall constitute a basis for the ineligibility
5490	of the private school to participate in the scholarship program
5491	as determined by the department.
5492	(a)  Demonstrate fiscal soundness by being in operation for
5493	1 school year or provide the Department of Education with a
5494	statement by a certified public accountant confirming that the
5495	private school desiring to participate is insured and the owner
5496	or owners have sufficient capital or credit to operate the
5497	school for the upcoming year serving the number of students
5498	anticipated with expected revenues from tuition and other
5499	sources that may be reasonably expected. In lieu of such a
5500	statement, a surety bond or letter of credit for the amount
5501	equal to the scholarship funds for any quarter may be filed with
5502	the department.
5503	(b)  Notify the Department of Education of its intent to
5504	participate in the program under this section. The notice must
5505	specify the grade levels and services that the private school
5506	has available for students with disabilities who are
5507	participating in the scholarship program.
5508	(c)  Comply with the antidiscrimination provisions of 42
5509	U.S.C. s. 2000d.
5510	(d)  Meet state and local health and safety laws and codes.
5511	(e)  Be academically accountable to the parent for meeting
5512	the educational needs of the student.
5513	(f)  Employ or contract with teachers who hold
5514	baccalaureate or higher degrees, or have at least 3 years of
5515	teaching experience in public or private schools, or have
5516	special skills, knowledge, or expertise that qualifies them to
5517	provide instruction in subjects taught.
5518	(g)  Comply with all state laws relating to general
5519	regulation of private schools.
5520	(h)  Adhere to the tenets of its published disciplinary
5521	procedures prior to the expulsion of a scholarship student.
5522	(9)(5)  PARENT AND STUDENT RESPONSIBILITIES FOR OBLIGATION
5523	OF PROGRAM PARTICIPATION PARTICIPANTS.--A parent who applies for
5524	a John M. McKay Scholarship is exercising his or her parental
5525	option to place his or her child in a private school.
5526	(a)  A parent who applies for a John M. McKay Scholarship
5527	is exercising his or her parental option to place his or her
5528	child in a private school. The parent must select the private
5529	school and apply for the admission of his or her child.
5530	(b)  The parent must have requested the scholarship at
5531	least 60 days prior to the date of the first scholarship
5532	payment.
5533	(c)  Any student participating in the John M. McKay
5534	Scholarships for Students with Disabilities scholarship Program
5535	must remain in attendance throughout the school year, unless
5536	excused by the school for illness or other good cause, and must
5537	comply fully with the school's code of conduct.
5538	(d)  Each The parent and of each student has an obligation
5539	to the private school to participating in the scholarship
5540	program must comply fully with the private school's published
5541	policies parental involvement requirements, unless excused by
5542	the school for illness or other good cause.
5543	(e)  If the parent requests that the student participating
5544	in the John M. McKay Scholarships for Students with Disabilities
5545	scholarship Program take all statewide assessments required
5546	pursuant to s. 1008.22, the parent is responsible for
5547	transporting the student to the assessment site designated by
5548	the school district.
5549	(f)  Upon receipt of a scholarship warrant, the parent to
5550	whom the warrant is made must restrictively endorse the warrant
5551	to the private school for deposit into the account of the
5552	private school. The parent may not designate any entity or
5553	individual associated with the participating private school as
5554	the parent's attorney in fact to sign a scholarship warrant. A
5555	participant who fails to comply with this paragraph forfeits the
5556	scholarship.
5557	(g)  A participant who fails to comply with this subsection
5558	forfeits the scholarship.
5559	(10)(6)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
5560	(a)1.  The maximum scholarship granted for an eligible
5561	student with disabilities shall be a calculated amount
5562	equivalent to the base student allocation in the Florida
5563	Education Finance Program multiplied by the appropriate cost
5564	factor for the educational program that would have been provided
5565	for the student in the district school to which he or she was
5566	assigned, multiplied by the district cost differential.
5567	2.  In addition, a share of the guaranteed allocation for
5568	exceptional students shall be determined and added to the
5569	calculated amount. The calculation shall be based on the
5570	methodology and the data used to calculate the guaranteed
5571	allocation for exceptional students for each district in chapter
5572	2000-166, Laws of Florida. Except as provided in subparagraphs
5573	subparagraph 3. and 4., the calculation shall be based on the
5574	student's grade, matrix level of services, and the difference
5575	between the 2000-2001 basic program and the appropriate level of
5576	services cost factor, multiplied by the 2000-2001 base student
5577	allocation and the 2000-2001 district cost differential for the
5578	sending district. Also, the calculated amount shall include the
5579	per-student share of supplemental academic instruction funds,
5580	instructional materials funds, technology funds, and other
5581	categorical funds as provided for such purposes in the General
5582	Appropriations Act.
5583	3.  The calculated scholarship amount for a student who has
5584	spent the prior school year in attendance at the Florida School
5585	for the Deaf and the Blind shall be calculated as provided in
5586	subparagraphs 1. and 2. However, the calculation shall be based
5587	on the school district in which the parent resides at the time
5588	of the scholarship request.
5589	4.3.  Until the school district completes the matrix
5590	required by paragraph (5)(3)(b), the calculation shall be based
5591	on the matrix that assigns the student to support level I of
5592	service as it existed prior to the 2000-2001 school year. When
5593	the school district completes the matrix, the amount of the
5594	payment shall be adjusted as needed.
5595	(b)  The amount of the John M. McKay Scholarship shall be
5596	the calculated amount or the amount of the private school's
5597	tuition and fees, whichever is less. The amount of any
5598	assessment fee required by the participating private school may
5599	be paid from the total amount of the scholarship.
5600	(c)  If the participating private school requires partial
5601	payment of tuition prior to the start of the academic year to
5602	reserve space for students admitted to the school, that partial
5603	payment may be paid by the Department of Education prior to the
5604	first quarterly payment of the year in which the John M. McKay
5605	Scholarship is awarded, up to a maximum of $1,000, and deducted
5606	from subsequent scholarship payments. If a student decides not
5607	to attend the participating private school, the partial
5608	reservation payment must be returned to the Department of
5609	Education by the participating private school. There is a limit
5610	of one reservation payment per student per year.
5611	(c)1.(d)  The school district shall report all students who
5612	are attending a private school under this program. The students
5613	with disabilities attending private schools on John M. McKay
5614	Scholarships shall be reported separately from other students
5615	reported for purposes of the Florida Education Finance Program.
5616	2.  For program participants who are eligible under
5617	subparagraph (2)(a)2., the school district that is used as the
5618	basis for the calculation of the scholarship amount as provided
5619	in subparagraph (a)3. shall:
5620	a.  Report to the department all such students who are
5621	attending a private school under this program.
5622	b.  Be held harmless for such students from the weighted
5623	enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a.
5624	during the first school year in which the students are reported.
5625	(d)(e)  Following notification on July 1, September 1,
5626	December 1, or February 1 of the number of program participants,
5627	the department of Education shall transfer, from General Revenue
5628	funds only, the amount calculated under paragraph (b) from the
5629	school district's total funding entitlement under the Florida
5630	Education Finance Program and from authorized categorical
5631	accounts to a separate account for the scholarship program for
5632	quarterly disbursement to the parents of participating students.
5633	Funds may not be transferred from any funding provided to the
5634	Florida School for the Deaf and the Blind for program
5635	participants who are eligible under subparagraph (2)(a)2. For a
5636	student exiting a Department of Juvenile Justice commitment
5637	program who chooses to participate in the scholarship program,
5638	the amount of the John M. McKay Scholarship calculated pursuant
5639	to paragraph (b) shall be transferred from the school district
5640	in which the student last attended a public school prior to
5641	commitment to the Department of Juvenile Justice. When a student
5642	enters the scholarship program, the department of Education must
5643	receive all documentation required for the student's
5644	participation, including the private school's and student's fee
5645	schedules, at least 30 days before the first quarterly
5646	scholarship payment is made for the student. The Department of
5647	Education may not make any retroactive payments.
5648	(e)(f)  Upon notification proper documentation reviewed and
5649	approved by the department that it has received the
5650	documentation required under paragraph (d) Department of
5651	Education, the Chief Financial Officer shall make scholarship
5652	payments in four equal amounts no later than September 1,
5653	November 1, February 1, and April 1 15 of each academic year in
5654	which the scholarship is in force. The initial payment shall be
5655	made after department of Education verification of admission
5656	acceptance, and subsequent payments shall be made upon
5657	verification of continued enrollment and attendance at the
5658	private school. Payment must be by individual warrant made
5659	payable to the student's parent and mailed by the department of
5660	Education to the private school of the parent's choice, and the
5661	parent shall restrictively endorse the warrant to the private
5662	school for deposit into the account of the private school.
5663	(f)  Subsequent to each scholarship payment, the Department
5664	of Financial Services shall randomly review endorsed warrants to
5665	confirm compliance with endorsement requirements. The Department
5666	of Financial Services shall immediately report inconsistencies
5667	or irregularities to the department.
5668	(11)(7)  LIABILITY.--No liability shall arise on the part
5669	of the state based on the award or use of a John M. McKay
5670	Scholarship.
5671	(12)  SCOPE OF AUTHORITY.--The inclusion of eligible
5672	private schools within options available to Florida public
5673	school students does not expand the regulatory authority of the
5674	state, its officers, or any school district to impose any
5675	additional regulation of private schools beyond those reasonably
5676	necessary to enforce requirements expressly set forth in this
5677	section.
5678	(13)(8)  RULES.--The State Board of Education shall adopt
5679	rules pursuant to ss. 120.536(1) and 120.54 to administer this
5680	section, including rules that school districts must use to
5681	expedite the development of a matrix of services based on an
5682	active a current individual education plan from another state or
5683	a foreign country for a transferring student with a disability
5684	who is a dependent child of a member of the United States Armed
5685	Forces. The rules must identify the appropriate school district
5686	personnel who must complete the matrix of services. For purposes
5687	of these rules, a transferring student with a disability is one
5688	who was previously enrolled as a student with a disability in an
5689	out-of-state or an out-of-country public or private school or
5690	agency program and who is transferring from out of state or from
5691	a foreign country pursuant to a parent's permanent change of
5692	station orders. However, the inclusion of eligible private
5693	schools within options available to Florida public school
5694	students does not expand the regulatory authority of the state,
5695	its officers, or any school district to impose any additional
5696	regulation of private schools beyond those reasonably necessary
5697	to enforce requirements expressly set forth in this section.
5698	Section 100.  Section 220.187, Florida Statutes, is amended
5699	to read:
5700	220.187  Credits for contributions to nonprofit
5701	scholarship-funding organizations.--
5702	(1)  PURPOSE.--The purpose of this section is to:
5703	(a)  Encourage private, voluntary contributions to
5704	nonprofit scholarship-funding organizations.
5705	(b)  Expand educational opportunities for children of
5706	families that have limited financial resources.
5707	(c)  Enable children in this state to achieve a greater
5708	level of excellence in their education.
5709	(2)  DEFINITIONS.--As used in this section, the term:
5710	(a)  "Department" means the Department of Revenue.
5711	(b)  "Eligible contribution" means a monetary contribution
5712	from a taxpayer, subject to the restrictions provided in this
5713	section, to an eligible nonprofit scholarship-funding
5714	organization. The taxpayer making the contribution may not
5715	designate a specific child as the beneficiary of the
5716	contribution. The taxpayer may not contribute more than $5
5717	million to any single eligible nonprofit scholarship-funding
5718	organization.
5719	(c)(d)  "Eligible nonprofit scholarship-funding
5720	organization" means a charitable organization that:
5721	1.  Is exempt from federal income tax pursuant to s.
5722	501(c)(3) of the Internal Revenue Code.
5723	2.  Is a Florida entity formed under chapter 607, chapter
5724	608, or chapter 617 and whose principal office is located in the
5725	state.
5726	3.  and that Complies with the provisions of subsection
5727	(6)(4).
5728	(d)(c)  "Eligible private nonpublic school" means a private
5729	nonpublic school, as defined in s. 1002.01(2), located in
5730	Florida that offers an education to students in any grades K-12
5731	and that meets the requirements in subsection (8)(6).
5732	(e)  "Owner or operator" includes:
5733	1.  An owner, president, officer, or director of an
5734	eligible nonprofit scholarship-funding organization or a person
5735	with equivalent decisionmaking authority over an eligible
5736	nonprofit scholarship-funding organization.
5737	2.  An owner, operator, superintendent, or principal of an
5738	eligible private school or a person with equivalent
5739	decisionmaking authority over an eligible private school.
5740	(e)  "Qualified student" means a student who qualifies for
5741	free or reduced-price school lunches under the National School
5742	Lunch Act and who:
5743	(3)  PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate
5744	Income Tax Credit Scholarship Program is established. A student
5745	is eligible for a corporate income tax credit scholarship if the
5746	student qualifies for free or reduced-price school lunches under
5747	the National School Lunch Act and:
5748	(a)1.  Was counted as a full-time equivalent student during
5749	the previous state fiscal year for purposes of state per-student
5750	funding;
5751	(b)2.  Received a scholarship from an eligible nonprofit
5752	scholarship-funding organization during the previous school
5753	year; or
5754	(c)3.  Is eligible to enter kindergarten or first grade.
5755
5756	A student may continue in the scholarship program as long as the
5757	family income level does not exceed 200 percent of the federal
5758	poverty level.
5759	(4)  SCHOLARSHIP PROHIBITIONS.--A student is not eligible
5760	for a scholarship while he or she is:
5761	(a)  Enrolled in a school operating for the purpose of
5762	providing educational services to youth in Department of
5763	Juvenile Justice commitment programs.
5764	(b)  Receiving a scholarship from another eligible
5765	nonprofit scholarship-funding organization under this section.
5766	(c)  Receiving an educational scholarship pursuant to
5767	chapter 1002.
5768	(d)  Participating in a home education program as defined
5769	in s. 1002.01(1).
5770	(e)  Participating in a private tutoring program pursuant
5771	to s. 1002.43.
5772	(f)  Participating in a virtual school, correspondence
5773	school, or distance learning program that receives state funding
5774	pursuant to the student's participation.
5775	(g)  Enrolled in the Florida School for the Deaf and the
5776	Blind.
5777	(5)(3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
5778	CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
5779	(a)  There is allowed a credit of 100 percent of an
5780	eligible contribution against any tax due for a taxable year
5781	under this chapter. However, such a credit may not exceed 75
5782	percent of the tax due under this chapter for the taxable year,
5783	after the application of any other allowable credits by the
5784	taxpayer. However, at least 5 percent of the total statewide
5785	amount authorized for the tax credit shall be reserved for
5786	taxpayers who meet the definition of a small business provided
5787	in s. 288.703(1) at the time of application. The credit granted
5788	by this section shall be reduced by the difference between the
5789	amount of federal corporate income tax taking into account the
5790	credit granted by this section and the amount of federal
5791	corporate income tax without application of the credit granted
5792	by this section.
5793	(b)  The total amount of tax credits and carryforward of
5794	tax credits which may be granted each state fiscal year under
5795	this section is $88 million. However, at least 1 percent of the
5796	total statewide amount authorized for the tax credit shall be
5797	reserved for taxpayers who meet the definition of a small
5798	business provided in s. 288.703(1) at the time of application.
5799	(c)  A taxpayer who files a Florida consolidated return as
5800	a member of an affiliated group pursuant to s. 220.131(1) may be
5801	allowed the credit on a consolidated return basis; however, the
5802	total credit taken by the affiliated group is subject to the
5803	limitation established under paragraph (a).
5804	(d)  Effective for tax years beginning January 1, 2005, a
5805	taxpayer may rescind all or part of its allocated tax credit
5806	under this section. The amount rescinded shall become available
5807	for purposes of the cap for that state fiscal year under this
5808	section to an eligible taxpayer as approved by the department if
5809	the taxpayer receives notice from the department that the
5810	rescindment has been accepted by the department and the taxpayer
5811	has not previously rescinded any or all of its tax credit
5812	allocation under this section more than once in the previous 3
5813	tax years. Any amount rescinded under this paragraph shall
5814	become available to an eligible taxpayer on a first-come, first-
5815	served basis based on tax credit applications received after the
5816	date the rescindment is accepted by the department.
5817	(6)(4)  OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-
5818	FUNDING ORGANIZATIONS.--An eligible nonprofit scholarship-
5819	scholarship-funding organization:
5820	(a)  Must comply with the antidiscrimination provisions of
5821	42 U.S.C. s. 2000d.
5822	(b)  Must comply with the following background check
5823	requirements:
5824	1.  An owner, operator, or employee of an eligible
5825	nonprofit scholarship-funding organization is subject to level 2
5826	background screening as provided under chapter 435.
5827	2.  A nonprofit scholarship-funding organization whose
5828	owner or operator fails the level 2 background screening shall
5829	not be eligible to provide scholarships under this section.
5830	3.  A nonprofit scholarship-funding organization's
5831	continued employment of an employee after notification that the
5832	employee has failed the level 2 background screening shall cause
5833	the nonprofit scholarship-funding organization to be ineligible
5834	for participation in the scholarship program.
5835	4.  A nonprofit scholarship-funding organization whose
5836	owner or operator in the last 7 years has filed for personal
5837	bankruptcy or corporate bankruptcy in a corporation of which he
5838	or she owned more than 20 percent shall not be eligible to
5839	provide scholarships under this section.
5840	(c)  Must not have an owner or operator who owns or
5841	operates an eligible private school that is participating in the
5842	scholarship program.
5843	(d)(a)  Must An eligible nonprofit scholarship-funding
5844	organization shall provide scholarships, from eligible
5845	contributions, to eligible qualified students for:
5846	1.  Tuition or textbook expenses for, or transportation to,
5847	an eligible private nonpublic school. At least 75 percent of the
5848	scholarship funding must be used to pay tuition expenses; or
5849	2.  Transportation expenses to a Florida public school that
5850	is located outside the district in which the student resides or
5851	to a lab school as defined in s. 1002.32.
5852	(e)(b)  Must An eligible nonprofit scholarship-funding
5853	organization shall give priority to eligible qualified students
5854	who received a scholarship from an eligible nonprofit
5855	scholarship-funding organization during the previous school
5856	year.
5857	(f)  Must provide a scholarship to an eligible student on a
5858	first-come, first-served basis unless the student qualifies for
5859	priority pursuant to paragraph (e).
5860	(g)  May not restrict or reserve scholarships for use at a
5861	particular private school or provide scholarships to a child of
5862	an owner or operator.
5863	(h)  Must allow an eligible student to attend any eligible
5864	private school and must allow a parent to transfer a scholarship
5865	during a school year to any other eligible private school of the
5866	parent's choice.
5867	(c)  The amount of a scholarship provided to any child for
5868	any single school year by all eligible nonprofit scholarship-
5869	funding organizations from eligible contributions shall not
5870	exceed the following annual limits:
5871	1.  Three thousand five hundred dollars for a scholarship
5872	awarded to a student enrolled in an eligible nonpublic school.
5873	2.  Five hundred dollars for a scholarship awarded to a
5874	student enrolled in a Florida public school that is located
5875	outside the district in which the student resides.
5876	(d)  The amount of an eligible contribution which may be
5877	accepted by an eligible nonprofit scholarship-funding
5878	organization is limited to the amount needed to provide
5879	scholarships for qualified students which the organization has
5880	identified and for which vacancies in eligible nonpublic schools
5881	have been identified.
5882	(i)(e)  Must obligate, in the same fiscal year in which the
5883	contribution was received, An eligible nonprofit scholarship-
5884	funding organization that receives an eligible contribution must
5885	spend 100 percent of the eligible contribution to provide
5886	scholarships, provided that up to 25 percent of the total
5887	contribution may be carried forward for scholarships to be
5888	granted in the following same state fiscal year in which the
5889	contribution was received. No portion of eligible contributions
5890	may be used for administrative expenses. All interest accrued
5891	from contributions must be used for scholarships.
5892	(j)  Must maintain separate accounts for scholarship funds
5893	and operating funds.
5894	(k)  With the prior approval of the Department of
5895	Education, may transfer funds to another eligible nonprofit
5896	scholarship-funding organization if additional funds are
5897	required to meet scholarship demand at the receiving nonprofit
5898	scholarship-funding organization. A transfer shall be limited to
5899	the greater of $500,000 or 20 percent of the total contributions
5900	received by the nonprofit scholarship-funding organization
5901	making the transfer. All transferred funds must be deposited by
5902	the receiving nonprofit scholarship-funding organization into
5903	its scholarship accounts. All transferred amounts received by
5904	any nonprofit scholarship-funding organization must be
5905	separately disclosed in the annual financial and compliance
5906	audit required in this section.
5907	(l)(f)  Must An eligible nonprofit scholarship-funding
5908	organization that receives eligible contributions must provide
5909	to the Auditor General and the Department of Education an annual
5910	financial and compliance audit of its accounts and records
5911	conducted by an independent certified public accountant and in
5912	accordance with rules adopted by the Auditor General. The audit
5913	must be conducted in compliance with generally accepted auditing
5914	standards and must include a report on financial statements
5915	presented in accordance with generally accepted accounting
5916	principles set forth by the American Institute of Certified
5917	Public Accountants for not-for-profit organizations and a
5918	determination of compliance with the statutory eligibility and
5919	expenditure requirements set forth in this section. Audits must
5920	be provided to the Auditor General and the Department of
5921	Education within 180 days after completion of the eligible
5922	nonprofit scholarship-funding organization's fiscal year.
5923	(m)  Must prepare and submit quarterly reports to the
5924	Department of Education pursuant to paragraph (9)(m). In
5925	addition, an eligible nonprofit scholarship-funding organization
5926	must submit in a timely manner any information requested by the
5927	Department of Education relating to the scholarship program.
5928
5929	Any and all information and documentation provided to the
5930	Department of Education and the Auditor General relating to the
5931	identity of a taxpayer that provides an eligible contribution
5932	under this section shall remain confidential at all times in
5933	accordance with s. 213.053.
5934	(g)  Payment of the scholarship by the eligible nonprofit
5935	scholarship-funding organization shall be by individual warrant
5936	or check made payable to the student's parent. If the parent
5937	chooses for his or her child to attend an eligible nonpublic
5938	school, the warrant or check must be mailed by the eligible
5939	nonprofit scholarship-funding organization to the nonpublic
5940	school of the parent's choice, and the parent shall
5941	restrictively endorse the warrant or check to the nonpublic
5942	school. An eligible nonprofit scholarship-funding organization
5943	shall ensure that, upon receipt of a scholarship warrant or
5944	check, the parent to whom the warrant or check is made
5945	restrictively endorses the warrant or check to the nonpublic
5946	school of the parent's choice for deposit into the account of
5947	the nonpublic school.
5948	(7)(5)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
5949	PARTICIPATION OBLIGATIONS.--As a condition for scholarship
5950	payment pursuant to paragraph (4)(g), if the parent chooses for
5951	his or her child to attend an eligible nonpublic school, the
5952	parent must inform the child's school district within 15 days
5953	after such decision.
5954	(a)  The parent must select an eligible private school and
5955	apply for the admission of his or her child.
5956	(b)  The parent must inform the child's school district
5957	when the parent withdraws his or her child to attend an eligible
5958	private school.
5959	(c)  Any student participating in the scholarship program
5960	must remain in attendance throughout the school year, unless
5961	excused by the school for illness or other good cause.
5962	(d)  Each parent and each student has an obligation to the
5963	private school to comply with the private school's published
5964	policies.
5965	(e)  The parent shall ensure that the student participating
5966	in the scholarship program takes the norm-referenced assessment
5967	offered by the private school. The parent may also choose to
5968	have the student participate in the statewide assessments
5969	pursuant to s. 1008.22. If the parent requests that the student
5970	participating in the scholarship program take statewide
5971	assessments pursuant to s. 1008.22, the parent is responsible
5972	for transporting the student to the assessment site designated
5973	by the school district.
5974	(f)  Upon receipt of a scholarship warrant or check from
5975	the eligible nonprofit scholarship-funding organization, the
5976	parent to whom the warrant or check is made must restrictively
5977	endorse the warrant or check to the private school for deposit
5978	into the account of the private school. The parent may not
5979	designate any entity or individual associated with the
5980	participating private school as the parent's attorney in fact to
5981	sign a scholarship warrant or check. A participant who fails to
5982	comply with this paragraph forfeits the scholarship.
5983	(8)(6)  PRIVATE ELIGIBLE NONPUBLIC SCHOOL ELIGIBILITY AND
5984	OBLIGATIONS.--An eligible private nonpublic school may be
5985	sectarian or nonsectarian and must:
5986	(a)  Comply with all requirements for private schools
5987	participating in state school choice scholarship programs
5988	pursuant to s. 1002.421.
5989	(b)  Provide to the eligible nonprofit scholarship-funding
5990	organization, upon request, all documentation required for the
5991	student's participation, including the private school's and
5992	student's fee schedules.
5993	(c)  Be academically accountable to the parent for meeting
5994	the educational needs of the student by:
5995	1.  At a minimum, annually providing to the parent a
5996	written explanation of the student's progress.
5997	2.  Annually administering or making provision for students
5998	participating in the scholarship program to take one of the
5999	nationally norm-referenced tests identified by the Department of
6000	Education. Students with disabilities for whom standardized
6001	testing is not appropriate are exempt from this requirement. A
6002	participating private school must report a student's scores to
6003	the parent and to the independent research organization as
6004	described in paragraph (9)(j) selected by the Department of
6005	Education.
6006	3.  Cooperating with the scholarship student whose parent
6007	chooses to participate in the statewide assessments pursuant to
6008	s. 1008.32.
6009
6010	The inability of a private school to meet the requirements of
6011	this subsection shall constitute a basis for the ineligibility
6012	of the private school to participate in the scholarship program
6013	as determined by the Department of Education.
6014	(a)  Demonstrate fiscal soundness by being in operation for
6015	one school year or provide the Department of Education with a
6016	statement by a certified public accountant confirming that the
6017	nonpublic school desiring to participate is insured and the
6018	owner or owners have sufficient capital or credit to operate the
6019	school for the upcoming year serving the number of students
6020	anticipated with expected revenues from tuition and other
6021	sources that may be reasonably expected. In lieu of such a
6022	statement, a surety bond or letter of credit for the amount
6023	equal to the scholarship funds for any quarter may be filed with
6024	the department.
6025	(b)  Comply with the antidiscrimination provisions of 42
6026	U.S.C. s. 2000d.
6027	(c)  Meet state and local health and safety laws and codes.
6028	(d)  Comply with all state laws relating to general
6029	regulation of nonpublic schools.
6030	(9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
6031	of Education shall:
6032	(a)  Annually submit to the department, by March 15, a list
6033	of eligible nonprofit scholarship-funding organizations that
6034	meet the requirements of paragraph (2)(c).
6035	(b)  Annually verify the eligibility of nonprofit
6036	scholarship-funding organizations that meet the requirements of
6037	paragraph (2)(c).
6038	(c)  Annually verify the eligibility of private schools
6039	that meet the requirements of subsection (8).
6040	(d)  Annually verify the eligibility of expenditures as
6041	provided in paragraph (6)(d) using the audit required by
6042	paragraph (6)(l).
6043	(e)  Establish a toll-free hotline that provides parents
6044	and private schools with information on participation in the
6045	scholarship program.
6046	(f)  Establish a process by which individuals may notify
6047	the Department of Education of any violation by a parent,
6048	private school, or school district of state laws relating to
6049	program participation. The Department of Education shall conduct
6050	an investigation of any written complaint of a violation of this
6051	section, or make a referral to the appropriate agency for an
6052	investigation, if the complaint is signed by the complainant and
6053	is legally sufficient. A complaint is legally sufficient if it
6054	contains ultimate facts that show that a violation of this
6055	section or any rule adopted by the State Board of Education has
6056	occurred. In order to determine legal sufficiency, the
6057	Department of Education may require supporting information or
6058	documentation from the complainant.
6059	(g)  Require an annual, notarized, sworn compliance
6060	statement by participating private schools certifying compliance
6061	with state laws and shall retain such records.
6062	(h)  Cross-check the list of participating scholarship
6063	students with the public school enrollment lists to avoid
6064	duplication.
6065	(i)  Identify and select the nationally norm-referenced
6066	tests that are comparable to the norm-referenced provisions of
6067	the Florida Comprehensive Assessment Test. The State Board of
6068	Education may not identify more than four norm-referenced tests
6069	for use in meeting the requirements of this section. However,
6070	the Department of Education may approve the use of an additional
6071	assessment by the school if the school can demonstrate that the
6072	assessment meets industry standards of quality and
6073	comparability. The State Board of Education may select the
6074	Florida Comprehensive Assessment Test as one of the four tests
6075	for use in meeting such requirements.
6076	(j)  Select an independent research organization, which may
6077	be a public or private entity or university, to which
6078	participating private schools must report the scores of
6079	participating students on the nationally norm-referenced tests
6080	administered by the private school. The independent research
6081	organization must annually report to the Department of Education
6082	on the year-to-year improvements of participating students. The
6083	independent research organization must analyze and report
6084	student performance data in a manner that protects the rights of
6085	students and parents as mandated in 20 U.S.C. s. 1232g, the
6086	Family Educational Rights and Privacy Act, and must not
6087	disaggregate data to a level that will disclose the academic
6088	level of individual students or of individual schools. To the
6089	extent possible, the independent research organization must
6090	accumulate historical performance data on students from the
6091	Department of Education and private schools to describe baseline
6092	performance and to conduct longitudinal studies. To minimize
6093	costs and reduce time required for third-party analysis and
6094	evaluation, the Department of Education shall conduct analyses
6095	of matched students from public school assessment data and
6096	calculate control group learning gains using an agreed-upon
6097	methodology outlined in the contract with the third-party
6098	evaluator. The sharing of student data must be in accordance
6099	with requirements of 20 U.S.C. 1232g, the Family Educational
6100	Rights and Privacy Act, and shall be for the sole purpose of
6101	conducting the evaluation. All parties must preserve the
6102	confidentiality of such information as required by law.
6103	(k)  Notify an eligible nonprofit scholarship-funding
6104	organization of any of the organization's identified students
6105	who are receiving an educational scholarship pursuant to chapter
6106	1002.
6107	(l)  Notify an eligible nonprofit scholarship-funding
6108	organization of any of the organization's identified students
6109	who are receiving a corporate income tax credit scholarship from
6110	another eligible nonprofit scholarship-funding organization.
6111	(m)  Require quarterly reports by an eligible nonprofit
6112	scholarship-funding organization regarding the number of
6113	students participating in the scholarship program, the private
6114	schools at which the students are enrolled, and other
6115	information deemed necessary by the Department of Education.
6116	(10)  COMMISSIONER OF EDUCATION AUTHORITY AND
6117	OBLIGATIONS.--
6118	(a)  The Commissioner of Education shall deny, suspend, or
6119	revoke a private school's participation in the scholarship
6120	program if it is determined that the private school has failed
6121	to comply with the provisions of this section. However, in
6122	instances in which the noncompliance is correctable within a
6123	reasonable amount of time and in which the health, safety, and
6124	welfare of the students are not threatened, the commissioner may
6125	issue a notice of noncompliance which shall provide the private
6126	school with a timeframe within which to provide evidence of
6127	compliance prior to taking action to suspend or revoke the
6128	private school's participation in the scholarship program.
6129	(b)  The commissioner's determination is subject to the
6130	following:
6131	1.  If the commissioner intends to deny, suspend, or revoke
6132	a private school's participation in the scholarship program, the
6133	Department of Education shall notify the private school of such
6134	proposed action in writing by certified mail and regular mail to
6135	the private school's address of record with the Department of
6136	Education. The notification shall include the reasons for the
6137	proposed action and notice of the timelines and procedures set
6138	forth in this paragraph.
6139	2.  The private school that is adversely affected by the
6140	proposed action shall have 15 days from receipt of the notice of
6141	proposed action to file with the Department of Education's
6142	agency clerk a request for a proceeding pursuant to ss. 120.569
6143	and 120.57. If the private school is entitled to a hearing under
6144	s. 120.57(1), the Department of Education shall forward the
6145	request to the Division of Administrative Hearings.
6146	3.  Upon receipt of a request referred pursuant to this
6147	paragraph, the director of the Division of Administrative
6148	Hearings shall expedite the hearing and assign an administrative
6149	law judge who shall commence a hearing within 30 days after the
6150	receipt of the formal written request by the division and enter
6151	a recommended order within 30 days after the hearing or within
6152	30 days after receipt of the hearing transcript, whichever is
6153	later. Each party shall be allowed 10 days in which to submit
6154	written exceptions to the recommended order. A final order shall
6155	be entered by the agency within 30 days after the entry of a
6156	recommended order. The provisions of this subparagraph may be
6157	waived upon stipulation by all parties.
6158	(c)  The commissioner may immediately suspend payment of
6159	scholarship funds if it is determined that there is probable
6160	cause to believe that there is:
6161	1.  An imminent threat to the health, safety, and welfare
6162	of the students; or
6163	2.  Fraudulent activity on the part of the private school.
6164
6165	The commissioner's order suspending payment pursuant to this
6166	paragraph may be appealed pursuant to the same procedures and
6167	timelines as the notice of proposed action set forth in
6168	paragraph (b).
6169	(11)  SCHOLARSHIP AMOUNT AND PAYMENT.--
6170	(a)  The amount of a scholarship provided to any student
6171	for any single school year by an eligible nonprofit scholarship-
6172	funding organization from eligible contributions shall not
6173	exceed the following annual limits:
6174	1.  Three thousand seven hundred fifty dollars for a
6175	scholarship awarded to a student enrolled in an eligible private
6176	school.
6177	2.  Five hundred dollars for a scholarship awarded to a
6178	student enrolled in a Florida public school that is located
6179	outside the district in which the student resides or in a lab
6180	school as defined in s. 1002.32.
6181	(b)  Payment of the scholarship by the eligible nonprofit
6182	scholarship-funding organization shall be by individual warrant
6183	or check made payable to the student's parent. If the parent
6184	chooses for his or her child to attend an eligible private
6185	school, the warrant or check must be delivered by the eligible
6186	nonprofit scholarship-funding organization to the private school
6187	of the parent's choice, and the parent shall restrictively
6188	endorse the warrant or check to the private school. An eligible
6189	nonprofit scholarship-funding organization shall ensure that the
6190	parent to whom the warrant or check is made restrictively
6191	endorsed the warrant or check to the private school for deposit
6192	into the account of the private school.
6193	(c)  An eligible nonprofit scholarship-funding organization
6194	shall obtain verification from the private school of a student's
6195	continued attendance at the school prior to each scholarship
6196	payment.
6197	(d)  Payment of the scholarship shall be made by the
6198	eligible nonprofit scholarship-funding organization no less
6199	frequently than on a quarterly basis.
6200	(12)(7)  ADMINISTRATION; RULES.--
6201	(a)  If the credit granted pursuant to this section is not
6202	fully used in any one year because of insufficient tax liability
6203	on the part of the corporation, the unused amount may be carried
6204	forward for a period not to exceed 3 years; however, any
6205	taxpayer that seeks to carry forward an unused amount of tax
6206	credit must submit an application for allocation of tax credits
6207	or carryforward credits as required in paragraph (d) in the year
6208	that the taxpayer intends to use the carryforward. The total
6209	amount of tax credits and carryforward of tax credits granted
6210	each state fiscal year under this section is $88 million. This
6211	carryforward applies to all approved contributions made after
6212	January 1, 2002. A taxpayer may not convey, assign, or transfer
6213	the credit authorized by this section to another entity unless
6214	all of the assets of the taxpayer are conveyed, assigned, or
6215	transferred in the same transaction.
6216	(b)  An application for a tax credit pursuant to this
6217	section shall be submitted to the department on forms
6218	established by rule of the department.
6219	(c)  The department and the Department of Education shall
6220	develop a cooperative agreement to assist in the administration
6221	of this section. The Department of Education shall be
6222	responsible for annually submitting, by March 15, to the
6223	department a list of eligible nonprofit scholarship-funding
6224	organizations that meet the requirements of paragraph (2)(d) and
6225	for monitoring eligibility of nonprofit scholarship-funding
6226	organizations that meet the requirements of paragraph (2)(d),
6227	eligibility of nonpublic schools that meet the requirements of
6228	paragraph (2)(c), and eligibility of expenditures under this
6229	section as provided in subsection (4).
6230	(d)  The department shall adopt rules necessary to
6231	administer this section, including rules establishing
6232	application forms and procedures and governing the allocation of
6233	tax credits and carryforward credits under this section on a
6234	first-come, first-served basis.
6235	(e)  The State Board Department of Education shall adopt
6236	rules pursuant to ss. 120.536(1) and 120.54 necessary to
6237	administer this section determine eligibility of nonprofit
6238	scholarship-funding organizations as defined in paragraph (2)(d)
6239	and according to the provisions of subsection (4) and identify
6240	qualified students as defined in paragraph (2)(e).
6241	(13)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible
6242	contributions received by an eligible nonprofit
6243	scholarship-funding organization shall be deposited in a manner
6244	consistent with s. 17.57(2).
6245	Section 101.  Section 1002.421, Florida Statutes, is
6246	created to read:
6247	1002.421  Rights and obligations of private schools
6248	participating in state school choice scholarship
6249	programs.--Requirements of this section are in addition to
6250	private school requirements outlined in s. 1002.42, specific
6251	requirements identified within respective scholarship program
6252	laws, and other provisions of Florida law that apply to private
6253	schools.
6254	(1)  A Florida private school participating in the
6255	Corporate Income Tax Credit Scholarship Program established
6256	pursuant to s. 220.187 or an educational scholarship program
6257	established pursuant to this chapter must comply with all
6258	requirements of this section.
6259	(2)  A private school participating in a scholarship
6260	program must be a Florida private school as defined in s.
6261	1002.01(2) and must:
6262	(a)  Be a registered Florida private school in accordance
6263	with s. 1002.42.
6264	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
6265	s. 2000d.
6266	(c)  Notify the department of its intent to participate in
6267	a scholarship program.
6268	(d)  Notify the department of any change in the school's
6269	name, school director, mailing address, or physical location
6270	within 15 days after the change.
6271	(e)  Complete student enrollment and attendance
6272	verification requirements, including use of an on-line
6273	attendance verification form, prior to scholarship payment.
6274	(f)  Annually complete and submit to the department a
6275	notarized scholarship compliance statement certifying the level
6276	of background screening, level 1 or level 2, that the school
6277	requires of its employees and certifying compliance with state
6278	laws relating to private school participation in the scholarship
6279	program.
6280	(g)  Provide notification to the parents of scholarship
6281	participants and applicants as to whether the school conducts a
6282	level 1 or level 2 background screening on employees who have
6283	unsupervised direct contact with students.
6284	(h)  Demonstrate fiscal soundness and accountability by:
6285	1.  Being in operation for at least 3 school years or
6286	obtaining a surety bond or letter of credit for the amount equal
6287	to the scholarship funds for any quarter and filing the surety
6288	bond or letter of credit with the department.
6289	2.  Requiring the parent of each scholarship student to
6290	personally restrictively endorse the scholarship warrant to the
6291	school. The school may not act as attorney in fact for the
6292	parent of a scholarship student under the authority of a power
6293	of attorney executed by such parent, or under any other
6294	authority, to endorse scholarship warrants on behalf of such
6295	parent.
6296	(i)  Meet applicable state and local health, safety, and
6297	welfare laws, codes, and rules, including:
6298	1.  Fire safety.
6299	2.  Building safety.
6300	(j)  Employ or contract with teachers who hold
6301	baccalaureate or higher degrees, have at least 3 years of
6302	teaching experience in public or private schools, or have
6303	special skills, knowledge, or expertise that qualifies them to
6304	provide instruction in subjects taught.
6305	(k)  Require each individual with direct student contact
6306	with a scholarship student to be of good moral character, to be
6307	subject to the level 1 background screening as provided under
6308	chapter 435, to be denied employment or terminated if required
6309	under s. 435.06, and not to be ineligible to teach in a public
6310	school because his or her educator certificate is suspended or
6311	revoked. For purposes of this paragraph:
6312	1.  An "individual with direct student contact" means any
6313	individual who has unsupervised access to a scholarship student
6314	for whom the private school is responsible.
6315	2.  The costs of fingerprinting and the background check
6316	shall not be borne by the state.
6317	3.  Continued employment of an individual after
6318	notification that the individual has failed the level 1
6319	background screening shall cause a private school to be
6320	ineligible for participation in a scholarship program.
6321	4.  An individual holding a valid Florida teaching
6322	certificate who has been fingerprinted pursuant to s. 1012.32
6323	shall not be required to comply with the provisions of this
6324	paragraph.
6325	(3)  The inability of a private school to meet the
6326	requirements of this section shall constitute a basis for the
6327	ineligibility of the private school to participate in a
6328	scholarship program as determined by the department.
6329	(4)  The inclusion of eligible private schools within
6330	options available to Florida public school students does not
6331	expand the regulatory authority of the state, its officers, or
6332	any school district to impose any additional regulation of
6333	private schools beyond those reasonably necessary to enforce
6334	requirements expressly set forth in this section.
6335	(5)  The State Board of Education shall adopt rules
6336	pursuant to ss. 120.536(1) and 120.54 to administer this
6337	section.
6338	Section 102.  The Department of Education shall evaluate
6339	the extent to which the Sunshine State Standards in the arts are
6340	being taught in each school district in kindergarten through
6341	grade 12. The evaluation shall include an analysis of student
6342	FCAT achievement levels compared to Sunshine State Standards
6343	arts instruction and enrollment in art courses. The results of
6344	this evaluation shall be provided to the Governor, the Speaker
6345	of the House of Representatives, and the President of the Senate
6346	by December 1, 2005.
6347	Section 103.  Subsections (4), (5), and (6) are added to
6348	section 1003.455, Florida Statutes, to read:
6349	1003.455  Physical education; assessment.--
6350	(4)  By September 1, 2006, each school district shall
6351	submit to the Department of Education a copy of the wellness
6352	policy required by the Child Nutrition and WIC Reauthorization
6353	Act of 2004. The department shall post the policies on the
6354	department website so that they may be reviewed and shared.
6355	(5)  By January 1, 2006, each school district is encouraged
6356	to review the level of participation and evaluate the success of
6357	the wellness programs throughout the district in each school
6358	setting.
6359	(6)  School districts are encouraged to regularly solicit
6360	public input regarding their policies on school nutritional
6361	offerings and wellness plans so that the policies meet the
6362	intent and spirit of the law, applicable rules, and Sunshine
6363	State Standards and reflect the local community's expectations
6364	and needs.
6365	Section 104.  Each public high school that has athletic
6366	facilities or participates in interscholastic sports shall have
6367	an operational defibrillator on the high school grounds. Public
6368	and private partnerships are encouraged to cover the cost
6369	associated with purchase, placement, and training on the use of
6370	the defibrillator.
6371	Section 105.  Staff Development.--School boards are
6372	encouraged to review the research and best practices regarding
6373	how planned physical movement can foster enhanced learning in
6374	academic subjects. Staff development for physical education
6375	instructors and arts instructors must include content related to
6376	an integrated curriculum, particularly in the areas of reading,
6377	mathematics, arts, fitness-based instruction, and the connection
6378	between movement and learning.
6379	Section 106.  Paragraph (a) of subsection (5) of section
6380	411.01, Florida Statutes, as amended by chapter 2004-484, Laws
6381	of Florida, is amended to read:
6382	411.01  School readiness programs; early learning
6383	coalitions.--
6384	(5)  CREATION OF EARLY LEARNING COALITIONS.--
6385	(a)  Early learning coalitions.--
6386	1.  The Agency for Workforce Innovation shall establish the
6387	minimum number of children to be served by each early learning
6388	coalition through the coalition's school readiness program. The
6389	Agency for Workforce Innovation may only approve school
6390	readiness plans in accordance with this minimum number. The
6391	minimum number must be uniform for every early learning
6392	coalition and must:
6393	a.  Permit 30 or fewer coalitions to be established; and
6394	b.  Require each coalition to serve at least 2,000 children
6395	based upon the average number of all children served per month
6396	through the coalition's school readiness program during the
6397	previous 12 months.
6398
6399	The Agency for Workforce Innovation shall adopt procedures for
6400	merging early learning coalitions, including procedures for the
6401	consolidation of merging coalitions, and for the early
6402	termination of the terms of coalition members which are
6403	necessary to accomplish the mergers. Each early learning
6404	coalition must comply with the merger procedures and shall be
6405	organized in accordance with this subparagraph by April 1, 2005.
6406	By June 30, 2005, each coalition must complete the transfer of
6407	powers, duties, functions, rules, records, personnel, property,
6408	and unexpended balances of appropriations, allocations, and
6409	other funds to the successor coalition, if applicable.
6410	Notwithstanding the provisions of this subsection , the early
6411	learning coalition that includes Jefferson, Liberty, Madison,
6412	Wakulla, and Taylor counties currently in operation is
6413	established and authorized to continue operation as an
6414	independent coalition and shall not be counted toward the limit
6415	of 30 coalitions pursuant to this subsection.
6416	2.  If an early learning coalition would serve fewer
6417	children than the minimum number established under subparagraph
6418	1., the coalition must merge with another county to form a
6419	multicounty coalition. However, the Agency for Workforce
6420	Innovation may authorize an early learning coalition to serve
6421	fewer children than the minimum number established under
6422	subparagraph 1., if:
6423	a.  The coalition demonstrates to the Agency for Workforce
6424	Innovation that merging with another county or multicounty
6425	region contiguous to the coalition would cause an extreme
6426	hardship on the coalition;
6427	b.  The Agency for Workforce Innovation has determined
6428	during the most recent annual review of the coalition's school
6429	readiness plan, or through monitoring and performance
6430	evaluations conducted under paragraph (4)(l), that the coalition
6431	has substantially implemented its plan and substantially met the
6432	performance standards and outcome measures adopted by the
6433	agency; and
6434	c.  The coalition demonstrates to the Agency for Workforce
6435	Innovation the coalition's ability to effectively and
6436	efficiently implement the Voluntary Prekindergarten Education
6437	Program.
6438
6439	If an early learning coalition fails or refuses to merge as
6440	required by this subparagraph, the Agency for Workforce
6441	Innovation may dissolve the coalition and temporarily contract
6442	with a qualified entity to continue school readiness and
6443	prekindergarten services in the coalition's county or
6444	multicounty region until the coalition is reestablished through
6445	resubmission of a school readiness plan and approval by the
6446	agency.
6447	3.  Each early learning coalition shall be composed of at
6448	least 18 members but not more than 35 members. The Agency for
6449	Workforce Innovation shall adopt standards establishing within
6450	this range the minimum and maximum number of members that may be
6451	appointed to an early learning coalition. These standards must
6452	include variations for a coalition serving a multicounty region.
6453	Each early learning coalition must comply with these standards.
6454	4.  The Governor shall appoint the chair and two other
6455	members of each early learning coalition, who must each meet the
6456	same qualifications as private-sector business members appointed
6457	by the coalition under subparagraph 6.
6458	5.  Each early learning coalition must include the
6459	following members:
6460	a.  A Department of Children and Family Services district
6461	administrator or his or her designee who is authorized to make
6462	decisions on behalf of the department.
6463	b.  A district superintendent of schools or his or her
6464	designee who is authorized to make decisions on behalf of the
6465	district, who shall be a nonvoting member.
6466	c.  A regional workforce board executive director or his or
6467	her designee.
6468	d.  A county health department director or his or her
6469	designee.
6470	e.  A children's services council or juvenile welfare board
6471	chair or executive director, if applicable, who shall be a
6472	nonvoting member if the council or board is the fiscal agent of
6473	the coalition or if the council or board contracts with and
6474	receives funds from the coalition.
6475	f.  An agency head of a local licensing agency as defined
6476	in s. 402.302, where applicable.
6477	g.  A president of a community college or his or her
6478	designee.
6479	h.  One member appointed by a board of county
6480	commissioners.
6481	i.  A central agency administrator, where applicable, who
6482	shall be a nonvoting member.
6483	j.  A Head Start director, who shall be a nonvoting member.
6484	k.  A representative of private child care providers,
6485	including family day care homes, who shall be a nonvoting
6486	member.
6487	l.  A representative of faith-based child care providers,
6488	who shall be a nonvoting member.
6489	m.  A representative of programs for children with
6490	disabilities under the federal Individuals with Disabilities
6491	Education Act, who shall be a nonvoting member.
6492	6.  Including the members appointed by the Governor under
6493	subparagraph 4., more than one-third of the members of each
6494	early learning coalition must be private-sector business members
6495	who do not have, and none of whose relatives as defined in s.
6496	112.3143 has, a substantial financial interest in the design or
6497	delivery of the Voluntary Prekindergarten Education Program
6498	created under part V of chapter 1002 or the coalition's school
6499	readiness program. To meet this requirement an early learning
6500	coalition must appoint additional members from a list of
6501	nominees submitted to the coalition by a chamber of commerce or
6502	economic development council within the geographic region served
6503	by the coalition. The Agency for Workforce Innovation shall
6504	establish criteria for appointing private-sector business
6505	members. These criteria must include standards for determining
6506	whether a member or relative has a substantial financial
6507	interest in the design or delivery of the Voluntary
6508	Prekindergarten Education Program or the coalition's school
6509	readiness program.
6510	7.  A majority of the voting membership of an early
6511	learning coalition constitutes a quorum required to conduct the
6512	business of the coalition.
6513	8.  A voting member of an early learning coalition may not
6514	appoint a designee to act in his or her place, except as
6515	otherwise provided in this paragraph. A voting member may send a
6516	representative to coalition meetings, but that representative
6517	does not have voting privileges. When a district administrator
6518	for the Department of Children and Family Services appoints a
6519	designee to an early learning coalition, the designee is the
6520	voting member of the coalition, and any individual attending in
6521	the designee's place, including the district administrator, does
6522	not have voting privileges.
6523	9.  Each member of an early learning coalition is subject
6524	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
6525	112.3143(3)(a), each voting member is a local public officer who
6526	must abstain from voting when a voting conflict exists.
6527	10.  For purposes of tort liability, each member or
6528	employee of an early learning coalition shall be governed by s.
6529	768.28.
6530	11.  An early learning coalition serving a multicounty
6531	region must include representation from each county.
6532	12.  Each early learning coalition shall establish terms
6533	for all appointed members of the coalition. The terms must be
6534	staggered and must be a uniform length that does not exceed 4
6535	years per term. Appointed members may serve a maximum of two
6536	consecutive terms. When a vacancy occurs in an appointed
6537	position, the coalition must advertise the vacancy.
6538	Section 107.  Paragraphs (e) and (f) are added to
6539	subsection (2) of section 1006.20, Florida Statutes, to read:
6540	1006.20  Athletics in public K-12 schools.--
6541	(2)  ADOPTION OF BYLAWS.--
6542	(e)  The organization shall adopt bylaws in consultation
6543	with the Florida School Boards Association and the Florida
6544	Association of District School Superintendents specifying that,
6545	in order to qualify for membership in the organization, a school
6546	must abide by district school board procedure or private school
6547	procedure that requires:
6548	1.  Instruction in physical education or health classes on
6549	the dangers of steroid use.
6550	2.  Instruction by head coaches to the members of their
6551	teams on the dangers of steroid use.
6552	3.  Inclusion of a prohibition against steroid use in the
6553	student code of conduct.
6554	4.  Inclusion of steroid effects in drug suspicion
6555	criteria.
6556	(f)  The organization shall adopt bylaws requiring
6557	adherence to the Florida Coaches Code of Ethics, including
6558	penalties for noncompliance. The Florida Coaches Code of Ethics
6559	shall be developed by October 1, 2005.
6560	Section 108.  Not later than October 1, 2005, the Florida
6561	High School Athletic Association shall make recommendations to
6562	the Speaker of the House of Representatives and the President of
6563	the Senate for a pilot drug testing program to test for
6564	performance-enhancing drugs. The pilot program must involve
6565	statewide testing of a random sample of the student athletes in
6566	a selected sport.
6567	Section 109.  Paragraph (b) of subsection (2) of section
6568	287.055, Florida Statutes, is amended, and paragraph (e) is
6569	added to subsection (4) of said section, to read:
6570	287.055  Acquisition of professional architectural,
6571	engineering, landscape architectural, or surveying and mapping
6572	services; definitions; procedures; contingent fees prohibited;
6573	penalties.--
6574	(2)  DEFINITIONS.--For purposes of this section:
6575	(b)  "Agency" means the state, a state agency, a
6576	municipality, a political subdivision, a school district, or a
6577	school board, or a regional consortium service organization
6578	formed under s. 1001.451. The term "agency" does not extend to a
6579	nongovernmental developer that contributes public facilities to
6580	a political subdivision under s. 380.06 or ss. 163.3220-
6581	163.3243.
6582	(4)  COMPETITIVE SELECTION.--
6583	(e)  A member of a regional consortium service
6584	organization, formed under s. 1001.451, may make purchases under
6585	contracts procured pursuant to this section.
6586	Section 110.  Section 1001.453, Florida Statutes, is
6587	amended to read:
6588	1001.453  Direct-support organization; use of property;
6589	board of directors; audit.--
6590	(1)  DEFINITIONS.--For the purposes of this section, the
6591	term:
6592	(a)  "District school board Direct-support organization"
6593	means a district school board direct-support organization or a
6594	regional consortium service organization direct-support an
6595	organization that:
6596	1.  Is approved by the district school board or regional
6597	consortium service organization board of directors;
6598	2.  Is a Florida corporation not for profit, incorporated
6599	under the provisions of chapter 617 and approved by the
6600	Department of State; and
6601	3.  Is organized and operated exclusively to receive, hold,
6602	invest, and administer property and to make expenditures to or
6603	for the benefit of public kindergarten through 12th grade
6604	education and adult career and community education programs in
6605	this state.
6606	(b)  "Personal services" includes full-time or part-time
6607	personnel, as well as payroll processing.
6608	(c)  "Regional consortium service organization" means an
6609	organization formed under s. 1001.451.
6610	(2)  USE OF PROPERTY.--A district school board or regional
6611	consortium service organization board of directors:
6612	(a)  Is authorized to permit the use of property,
6613	facilities, and personal services of the district or regional
6614	consortium service organization by a direct-support
6615	organization, subject to the provisions of this section.
6616	(b)  Shall prescribe by rule conditions with which a
6617	district school board direct-support organization must comply in
6618	order to use property, facilities, or personal services of the
6619	district or regional consortium service organization. Adoption
6620	of such rules shall be coordinated with the Department of
6621	Education. The rules shall provide for budget and audit review
6622	and oversight by the district school board or regional
6623	consortium service organization board of directors and the
6624	department.
6625	(c)  Shall not permit the use of property, facilities, or
6626	personal services of a direct-support organization if such
6627	organization does not provide equal employment opportunities to
6628	all persons, regardless of race, color, religion, sex, age, or
6629	national origin.
6630	(3)  BOARD OF DIRECTORS.--The board of directors of the
6631	district school board direct-support organization shall be
6632	approved by the district school board or the regional consortium
6633	service organization board of directors.
6634	(4)  ANNUAL AUDIT.--Each direct-support organization with
6635	more than $100,000 in expenditures or expenses shall provide for
6636	an annual financial audit of its financial statements in order
6637	to express an opinion on the fairness with which the financial
6638	statements are presented in conformance with generally accepted
6639	accounting principles. The audit is accounts and records, to be
6640	conducted by an independent certified public accountant in
6641	accordance with rules adopted by the Auditor General pursuant to
6642	s. 11.45(8) and the Commissioner of Education. The annual audit
6643	report shall be submitted to the Auditor General and the
6644	district school board or regional consortium service
6645	organization board of directors for review within 9 months after
6646	the end of the fiscal year or by the date established by year's
6647	end to the district school board or regional consortium service
6648	organization board of directors and the Auditor General,
6649	whichever is earlier. The Commissioner of Education, the Auditor
6650	General, and the Office of Program Policy Analysis and
6651	Government Accountability have the authority to require and
6652	receive from the organization or the district auditor or
6653	regional consortium service organization auditor any records
6654	relative to the operation of the organization. The identity of
6655	donors and all information identifying donors and prospective
6656	donors are confidential and exempt from the provisions of s.
6657	119.07(1), and that anonymity shall be maintained in the
6658	auditor's report. All other records and information shall be
6659	considered public records for the purposes of chapter 119.
6660	Section 111.  Section 1010.09, Florida Statutes, is amended
6661	to read:
6662	1010.09  Direct-support organizations.--School district,
6663	regional consortium service organization, community college, and
6664	university direct-support organizations shall be organized and
6665	conducted under the provisions of ss. 1001.453, 1004.28, and
6666	1004.70 and rules of the State Board of Education, as
6667	applicable.
6668	Section 112.  Section 1011.765, Florida Statutes, is
6669	amended to read:
6670	1011.765  Florida Academic Improvement Trust Fund matching
6671	grants.--
6672	(1)  MATCHING GRANTS.--The Florida Academic Improvement
6673	Trust Fund shall be utilized to provide matching grants to the
6674	Florida School for the Deaf and the Blind Endowment Fund, and to
6675	any public school district education foundation, and any
6676	regional consortium service organization education foundation
6677	that meets the requirements of this section and is recognized by
6678	the local school district as a its designated K-12 education
6679	foundation. For purposes of this section, "regional consortium
6680	service organization" means an organization formed under s.
6681	1001.451.
6682	(a)  The State Board of Education shall adopt rules for the
6683	administration, submission, documentation, evaluation, and
6684	approval of requests for matching funds and for maintaining
6685	accountability for matching funds.
6686	(b)  Donations, state matching funds, or proceeds from
6687	endowments established pursuant to this section shall be used at
6688	the discretion of the public school district education
6689	foundation, the regional consortium service organization
6690	education foundation, or the Florida School for the Deaf and the
6691	Blind for academic achievement within the school district,
6692	school districts, or school, and shall not be expended for the
6693	construction of facilities or for the support of interscholastic
6694	athletics. A No public school district education foundation, a
6695	regional consortium service organization education foundation,
6696	or the Florida School for the Deaf and the Blind shall not
6697	accept or purchase facilities for which the state will be asked
6698	for operating funds unless the Legislature has granted prior
6699	approval for such acquisition.
6700	(2)  ALLOCATION OF THE TRUST FUND.--Funds appropriated to
6701	the Florida Academic Improvement Trust Fund shall be allocated
6702	by the Department of Education in the following manner:
6703	(a)  For every year in which there is a legislative
6704	appropriation to the trust fund, an equal amount of the annual
6705	appropriation, to be determined by dividing the total
6706	legislative appropriation by the number of local education
6707	foundations and regional consortium service organization
6708	education foundations, as well as the Florida School for the
6709	Deaf and the Blind, must be reserved for each public school
6710	district education foundation, each regional consortium service
6711	organization education foundation, and the Florida School for
6712	the Deaf and the Blind Endowment Fund to provide each foundation
6713	and the Florida School for the Deaf and the Blind with an
6714	opportunity to receive and match appropriated funds. Trust funds
6715	that remain unmatched by contribution on April 1 of any year
6716	shall be made available for matching by any public school
6717	district education foundation, by any regional consortium
6718	service organization education foundation, and by the Florida
6719	School for the Deaf and the Blind which shall have an
6720	opportunity to apply for excess trust funds prior to the award
6721	of such funds.
6722	(b)  Matching grants shall be proportionately allocated
6723	from the trust fund on the basis of matching each $4 of state
6724	funds with $6 of private funds. To be eligible for matching, a
6725	minimum of $4,500 must be raised from private sources.
6726	(c)  Funds sufficient to provide the match shall be
6727	transferred from the state trust fund to the public school
6728	education foundation, to the regional consortium service
6729	organization education foundation, or to the Florida School for
6730	the Deaf and the Blind Endowment Fund upon notification that a
6731	proportionate amount has been received and deposited by the
6732	foundation or school into its own trust fund.
6733	(d)  If the total of the amounts to be distributed in any
6734	quarter pursuant to this subsection exceeds the amount of funds
6735	remaining from specific appropriations made for the
6736	implementation of this section, all grants shall be
6737	proportionately reduced so that the total of matching grants
6738	distributed does not exceed available appropriations.
6739	(3)  GRANT ADMINISTRATION.--
6740	(a)  Each public school district education foundation, each
6741	regional consortium service organization education foundation,
6742	and the Florida School for the Deaf and the Blind participating
6743	in the Florida Academic Improvement Trust Fund shall separately
6744	account for all funds received pursuant to this section, and may
6745	establish its own academic improvement trust fund as a
6746	depository for the private contributions, state matching funds,
6747	and earnings on investments of such funds. State matching funds
6748	shall be transferred to the public school district education
6749	foundation, to the regional consortium service organization
6750	education foundation, or to the Florida School for the Deaf and
6751	the Blind Endowment Fund upon notification that the foundation
6752	or school has received and deposited private contributions that
6753	meet the criteria for matching as provided in this section. The
6754	public school district education foundations, the regional
6755	consortium service organization education foundations, and the
6756	Florida School for the Deaf and the Blind are responsible for
6757	the maintenance, investment, and administration of their
6758	academic improvement trust funds.
6759	(b)  The public school district education foundations, the
6760	regional consortium service organization education foundations,
6761	and the Florida School for the Deaf and the Blind shall be
6762	responsible for soliciting and receiving contributions to be
6763	deposited and matched with grants for academic achievement
6764	within the school district, school districts, or school.
6765	(c)  Each public school district education foundation, each
6766	regional consortium service organization education foundation,
6767	and the Florida School for the Deaf and the Blind shall be
6768	responsible for proper expenditure of the funds received
6769	pursuant to this section.
6770	Section 113.  Subsections (6) and (7) are added to section
6771	401.107, Florida Statutes, to read:
6772	401.107  Definitions.--As used in this part, the term:
6773	(6)  "Youth athletic organization" means a private
6774	not-for-profit organization that promotes and provides organized
6775	athletic activities to youth.
6776	(7)  "Automated external defibrillator device" means a
6777	device as defined in s. 768.1325(2)(b).
6778	Section 114.  Section 401.111, Florida Statutes, is amended
6779	to read:
6780	401.111  Emergency medical services grant program;
6781	authority.--The department is hereby authorized to make grants
6782	to local agencies, and emergency medical services organizations,
6783	and youth athletic organizations in accordance with any
6784	agreement entered into pursuant to this part. These grants shall
6785	be designed to assist local said agencies and emergency medical
6786	services organizations in providing emergency medical services,
6787	including emergency medical dispatch, and to assist youth
6788	athletic organizations that work in conjunction with local
6789	emergency medical services organizations to expand the use of
6790	automated external defibrillator devices in the community. The
6791	cost of administering this program shall be paid by the
6792	department from funds appropriated to it.
6793	Section 115.  Paragraphs (a) and (b) of subsection (2) of
6794	section 401.113, Florida Statutes, are amended to read:
6795	401.113  Department; powers and duties.--
6796	(2)  The department shall annually dispense funds contained
6797	in the Emergency Medical Services Trust Fund as follows:
6798	(a)  Forty-five percent of such moneys must be divided
6799	among the counties according to the proportion of the combined
6800	amount deposited in the trust fund from the county. These funds
6801	may not be used to match grant funds as identified in paragraph
6802	(b). An individual board of county commissioners may distribute
6803	these funds to emergency medical service organizations and youth
6804	athletic organizations within the county, as it deems
6805	appropriate.
6806	(b)  Forty percent of such moneys must be used by the
6807	department for making matching grants to local agencies,
6808	municipalities, and emergency medical services organizations,
6809	and youth athletic organizations for the purpose of conducting
6810	research, increasing existing levels of emergency medical
6811	services, evaluation, community education, injury-prevention
6812	programs, and training in cardiopulmonary resuscitation and
6813	other lifesaving and first aid techniques.
6814	1.  At least 90 percent of these moneys must be made
6815	available on a cash matching basis. A grant made under this
6816	subparagraph must be contingent upon the recipient providing a
6817	cash sum equal to 25 percent of the total department-approved
6818	grant amount.
6819	2.  No more than 10 percent of these moneys must be made
6820	available to rural emergency medical services, and
6821	notwithstanding the restrictions specified in subsection (1),
6822	these moneys may be used for improvement, expansion, or
6823	continuation of services provided. A grant made under this
6824	subparagraph must be contingent upon the recipient providing a
6825	cash sum equal to no more than 10 percent of the total
6826	department-approved grant amount.
6827
6828	The department shall develop procedures and standards for grant
6829	disbursement under this paragraph based on the need for
6830	emergency medical services, the requirements of the population
6831	to be served, and the objectives of the state emergency medical
6832	services plan.
6833	Section 116.  The Department of Health shall implement an
6834	educational campaign to inform any person who acquires an
6835	automated external defibrillator device that his or her immunity
6836	from liability under s. 768.1325, Florida Statutes, for harm
6837	resulting from the use or attempted use of the device, does not
6838	apply if he or she fails to:
6839	(1)  Properly maintain and test the device; or
6840	(2)  Provide appropriate training in the use of the device
6841	to his or her employee or agent when the employee or agent was
6842	the person who used the device on the victim, except as provided
6843	in s. 768.1325, Florida Statutes.
6844	Section 117.  Subject to appropriation, the Department of
6845	Law Enforcement shall purchase a high-speed electronic
6846	fingerprint scanner and provide sufficient staff support to
6847	conduct level 2 background fingerprint screening for private
6848	schools participating in the Opportunity Scholarship Program,
6849	the John M. McKay Scholarships for Students with Disabilities
6850	Program, and the Corporate Income Tax Credit Scholarship
6851	Program. Within 90 days of acquisition of the scanner, level 2
6852	background fingerprint screening shall be required for all
6853	employees who have direct contact with students in the private
6854	schools participating in the scholarship programs. Results of
6855	the screening shall be provided to the participating private
6856	schools.
6857	Section 118.  If any provision of this act or the
6858	application thereof to any person or circumstance is held
6859	invalid, the invalidity shall not affect other provisions or
6860	applications of the act which can be given effect without the
6861	invalid provision or application and, to this end, the
6862	provisions of this act are declared severable.
6863	Section 119.  This act shall take effect upon becoming a
6864	law.
6865
6866	================ T I T L E  A M E N D M E N T =============
6867	Remove the entire title and insert:
6868	A bill to be entitled
6869	An act relating to education; amending s. 20.15, F.S.;
6870	establishing the Division of Accountability, Research, and
6871	Measurement in the Department of Education; amending s.
6872	1000.01, F.S.; conforming provisions relating to the
6873	repeal of the Council for Education Policy Research and
6874	Improvement; amending s. 1001.03, F.S.; requiring the
6875	State Board of Education to review the Sunshine State
6876	Standards and provide a report evaluating the extent to
6877	which the standards are being taught; amending s. 1001.11,
6878	F.S.; conforming provisions relating to the repeal of the
6879	Council for Education Policy Research and Improvement;
6880	providing duties of the department relating to education
6881	goals; creating s. 1001.215, F.S.; creating the Just Read,
6882	Florida! Office in the Department of Education; providing
6883	duties; amending s. 1001.41, F.S.; requiring district
6884	school boards to adopt policies to provide each student a
6885	complete education program; amending s. 1001.42, F.S.;
6886	providing requirements for each district school board's
6887	system of school improvement and student progression;
6888	providing components to increase student achievement;
6889	conforming provisions relating to deletion of a rigorous
6890	reading requirement and the designation of school grades;
6891	amending s. 1002.38, F.S.; conforming provisions relating
6892	to the designation of school grades and revising the date
6893	for request of an Opportunity Scholarship; amending s.
6894	1003.01, F.S.; revising definition of the term "special
6895	education services"; amending s. 1003.03, F.S.; modifying
6896	implementation provisions relating to constitutional class
6897	size requirements; amending s. 1003.05, F.S.; deleting the
6898	requirement that certain children receive preference for
6899	admission to special academic programs even if maximum
6900	enrollment has been reached; removing charter schools from
6901	the definition of special academic programs; creating s.
6902	1003.413, F.S.; requiring each school district to
6903	establish policies to assist high school students to
6904	remain in school, graduate on time, and be prepared for
6905	postsecondary education and the workplace; directing the
6906	Commissioner of Education to create and implement the
6907	Challenge High School Recognition Program; creating the
6908	High School Reform Task Force and providing for
6909	appointment of members; requiring recommendation of a
6910	long-term plan relating to high school reform and
6911	specifying items to be addressed; providing for
6912	termination of the task force; amending s. 1003.415, F.S.;
6913	providing the mission of middle grades; deleting the
6914	rigorous reading requirement for middle grade students;
6915	deleting obsolete language relating to a department study;
6916	creating s. 1003.4155, F.S.; specifying the grading scale
6917	for grades 6 through 8; creating s. 1003.4156, F.S.;
6918	specifying general requirements for middle school
6919	promotion; requiring an intensive reading course under
6920	certain circumstances; defining an academic credit;
6921	requiring school district policies and authorizing
6922	alternative methods for progression; requiring adoption of
6923	rules for alternative promotion standards; amending s.
6924	1003.42, F.S.; revising provisions relating to required
6925	instruction and courses of study in the public schools;
6926	including study of the history of the United States and
6927	free enterprise; amending s. 1003.43, F.S., relating to
6928	general requirements for high school graduation; including
6929	study of the Declaration of Independence in the credit
6930	requirement for American government; amending s. 1003.57,
6931	F.S.; providing guidelines for determining the residency
6932	of an exceptional student with a disability who resides in
6933	a residential facility and receives special instruction or
6934	services; requiring the placing authority in a parent's
6935	state of residence to pay the cost of such instruction,
6936	facilities, and services for a nonresident exceptional
6937	student with a disability; providing requirements of the
6938	department and school districts with respect to financial
6939	obligations; providing responsibilities of residential
6940	facilities that educate exceptional students with
6941	disabilities; providing applicability; defining the term
6942	"parent" for purposes of the section; authorizing adoption
6943	of rules; creating s. 1003.575, F.S.; requiring the
6944	department to coordinate the development of an individual
6945	education plan form for use in developing and implementing
6946	individual education plans for exceptional students;
6947	requiring the form to be available to school districts to
6948	facilitate the use of an individual education plan when a
6949	student transfers; amending s. 1003.58, F.S.; correcting a
6950	cross reference; amending s. 1003.62, F.S.; conforming
6951	provisions relating to the designation of school grades
6952	and differentiated-pay policies; amending ss. 1005.22 and
6953	1007.33, F.S.; conforming provisions relating to the
6954	repeal of the Council for Education Policy Research and
6955	Improvement; amending s. 1008.22, F.S.; specifying grade
6956	level and subject area testing requirements; requiring the
6957	State Board of Education to conduct concordance studies to
6958	determine FCAT equivalencies for high school graduation;
6959	deleting a limitation on and specifying requirements for
6960	the use of alternative assessments to the grade 10 FCAT;
6961	requiring an annual report on student performance;
6962	amending s. 1008.25, F.S.; authorizing district school
6963	boards to require low-performing students to attend
6964	remediation programs outside of regular school hours;
6965	requiring the department to establish a uniform format for
6966	reporting information relating to student progression;
6967	requiring an annual report; repealing s. 1008.301, F.S.,
6968	relating to a concordance study of FCAT equivalencies for
6969	high school graduation; amending s. 1008.31, F.S.;
6970	deleting provisions relating to performance-based funding;
6971	revising goals and measures of the K-20 performance
6972	accountability system and requiring data quality
6973	improvement; providing for development of reporting and
6974	data collection requirements; requiring adoption of rules;
6975	amending s. 1008.33, F.S.; conforming provisions relating
6976	to the designation of school grades and a cross reference;
6977	authorizing district school boards to transfer teachers,
6978	faculty, and staff as needed; amending s. 1008.34, F.S.;
6979	revising terminology and provisions relating to
6980	designation and determination of school grades; specifying
6981	use of assessment data with respect to alternative
6982	schools; defining the term "home school"; requiring an
6983	annual school report card to be published by the
6984	department and distributed by school districts; creating
6985	s. 1008.341, F.S.; requiring improvement ratings for
6986	certain alternative schools; providing the basis for such
6987	ratings and requiring annual performance reports;
6988	providing for determination of school improvement ratings,
6989	identification of learning gains, and eligibility for
6990	school recognition awards; requiring an annual report card
6991	to be developed by the department and distributed by
6992	school districts; requiring adoption of rules; amending s.
6993	1008.345, F.S.; conforming provisions relating to the
6994	designation of school grades and a cross reference;
6995	amending s. 1008.36, F.S.; providing for assignment of
6996	school grades to certain feeder pattern schools that do
6997	not receive such a grade for purposes of participation in
6998	the Florida School Recognition Program; defining feeder
6999	school pattern; modifying procedures for determination and
7000	use of school recognition awards; amending s. 1008.45,
7001	F.S.; conforming provisions relating to the repeal of the
7002	Council for Education Policy Research and Improvement;
7003	repealing s. 1008.51, F.S., relating to the Council for
7004	Education Policy Research and Improvement; amending s.
7005	1011.62, F.S.; providing FTE funding for juveniles
7006	enrolled in a specified education program; conforming
7007	cross references and provisions relating to the
7008	designation of school grades; establishing a research-
7009	based reading instruction allocation to provide funds for
7010	a comprehensive reading instruction system; requiring
7011	school district plans for use of the allocation and
7012	approval thereof; including the allocation in the total
7013	amount allocated to each school district for current
7014	operation; amending s. 1011.64, F.S.; conforming
7015	terminology and cross references; amending s. 1011.685,
7016	F.S.; conforming provisions relating to the repeal of the
7017	BEST Florida Teaching salary career ladder program and
7018	implementation of a differentiated-pay policy; amending s.
7019	1011.71, F.S.; authorizing use of school board millage for
7020	payment of premiums for property and casualty insurance
7021	necessary to insure school district educational plants;
7022	limiting use of certain revenues; correcting a cross
7023	reference; amending s. 1012.21, F.S.; requiring the
7024	department to annually post online school district
7025	collective bargaining contracts; amending s. 1012.22,
7026	F.S.; deleting a requirement that each district school
7027	board adopt a performance-pay policy; requiring each
7028	district school board to annually provide its negotiated
7029	collective bargaining contract to the department;
7030	repealing s. 1012.231, F.S., relating to the BEST Florida
7031	Teaching salary career ladder program; creating s.
7032	1012.2312, F.S.; requiring each district school board to
7033	adopt a differentiated-pay policy for instructional
7034	personnel; providing factors on which differentiated pay
7035	shall be based; creating s. 1012.2313, F.S.; requiring
7036	each district school board to have a differentiated-pay
7037	policy for school administrators; providing factors on
7038	which differentiated pay shall be based; creating s.
7039	1012.2315, F.S.; providing school district requirements
7040	for the assignment of teachers and authorizing incentives;
7041	providing procedures for noncompliance; providing
7042	requirements relating to collective bargaining; amending
7043	s. 1012.27, F.S.; conforming provisions relating to the
7044	repeal of the BEST Florida Teaching salary career ladder
7045	program and implementation of a differentiated-pay policy;
7046	amending s. 1012.34, F.S.; conforming provisions relating
7047	to deletion of a rigorous reading requirement; creating s.
7048	1012.986, F.S.; establishing the Golden Leadership Academy
7049	Program; providing program requirements, leadership
7050	designations, and delivery systems; requiring adoption of
7051	rules; repealing s. 1012.987, F.S., relating to rules for
7052	a leadership designation; amending s. 1013.512, F.S.;
7053	requiring the release of funds remaining in reserve
7054	relating to school district land acquisition and
7055	facilities operations; specifying when a Land Acquisition
7056	and Facilities Advisory Board shall be disbanded;
7057	establishing the Charter School Task Force and specifying
7058	composition and duties; requiring the department to
7059	provide staff support to the task force; providing
7060	severability; amending s. 20.15, F.S.; providing for
7061	appointment of a Deputy Commissioner of Career Education
7062	in the Department of Education; amending s. 446.032, F.S.;
7063	providing duties of the department relating to
7064	apprenticeship programs and services; repealing s.
7065	446.609, F.S., relating to the Jobs for Florida's
7066	Graduates program; amending s. 464.019, F.S.; authorizing
7067	the Board of Nursing to change faculty-to-student ratios
7068	only under certain circumstances; requiring a study to
7069	evaluate rules regarding clinical instruction; providing
7070	for assistance to approved nursing programs to expand
7071	capacity; amending s. 464.0195, F.S.; requiring the
7072	Florida Center for Nursing to develop and maintain an
7073	information system; requiring an implementation plan;
7074	amending s. 1001.02, F.S.; revising State Board of
7075	Education duties with respect to developing a
7076	postsecondary enrollment plan; requiring State Board of
7077	Education rules that address baccalaureate degree programs
7078	at community colleges; amending s. 1001.20, F.S.; creating
7079	the Office of Career Education in the Department of
7080	Education and providing responsibilities of the office;
7081	amending s. 1001.64, F.S.; providing that community
7082	colleges that grant baccalaureate degrees remain under the
7083	authority of the State Board of Education with respect to
7084	specified responsibilities; providing that the board of
7085	trustees is the governing board for purposes of granting
7086	baccalaureate degrees; providing powers of the boards of
7087	trustees, including the power to establish tuition and
7088	out-of-state fees; providing restrictions; requiring such
7089	boards to adopt a policy requiring teachers who teach
7090	certain upper-division courses to teach a specified
7091	minimum number of hours; amending s. 1002.23, F.S.;
7092	requiring guidelines for parents relating to the
7093	availability of the online student advising and guidance
7094	system and additional educational opportunities; amending
7095	s. 1003.492, F.S., relating to industry-certified career
7096	education programs; deleting obsolete provisions relating
7097	to studies; amending and renumbering s. 1004.85, F.S.;
7098	providing additional purposes for creation of educator
7099	preparation institutes; creating s. 1004.226, F.S.;
7100	defining the term "center of excellence"; providing
7101	purposes and objectives of centers of excellence;
7102	providing for proposals for establishing or expanding
7103	centers of excellence; requiring the State Board of
7104	Education to develop a plan recommending the establishment
7105	or expansion of centers of excellence; requiring
7106	reporting; amending s. 1004.65, F.S.; including community
7107	colleges approved to offer baccalaureate degree programs
7108	under authority to operate; requiring such community
7109	colleges to maintain their primary mission and prohibiting
7110	them from terminating associate degree programs;
7111	prohibiting a community college from offering graduate
7112	programs; amending s. 1004.68, F.S.; authorizing the
7113	continued awarding of degrees, diplomas, and certificates
7114	by community colleges approved to offer baccalaureate
7115	degree programs; creating s. 1006.01, F.S.; requiring the
7116	department to provide a secondary and postsecondary
7117	academic and career education online student advising and
7118	guidance system; providing requirements for such system;
7119	amending s. 1006.02, F.S.; requiring documentation that
7120	students have utilized the online student advising and
7121	guidance system; amending s. 1006.025, F.S.; requiring
7122	such documentation in guidance reports; amending s.
7123	1007.2615, F.S.; revising provisions relating to
7124	certification of American Sign Language teachers; amending
7125	s. 1007.271, F.S.; specifying that dual enrollment courses
7126	are creditable toward high school graduation; providing
7127	for FTE calculation; conforming to law minimum academic
7128	credits required for graduation; clarifying requirements
7129	for participation of independent postsecondary
7130	institutions in a dual enrollment program; providing for
7131	fee exemption; amending s. 1007.33, F.S.; revising
7132	requirements for a proposal by a community college to
7133	deliver a baccalaureate degree program; requiring the
7134	State Board of Education to make proposals available for
7135	review and comment by other postsecondary educational
7136	institutions and authorizing alternative proposals;
7137	eliminating requirement for review and comment by the
7138	Council for Education Policy Research and Improvement;
7139	authorizing the State Board of Education to approve, deny,
7140	or require revisions to proposals; requiring periodic
7141	evaluation of approved programs; authorizing termination
7142	of funding for certain approved programs; requiring
7143	rulemaking; amending s. 1009.21, F.S.; revising provisions
7144	relating to determination of resident status for tuition
7145	purposes; providing for such determination for purpose of
7146	assessing tuition for instruction in workforce education
7147	programs offered by school districts; revising definitions
7148	and updating terminology; revising requirements for
7149	qualification as a resident; providing duties of
7150	institutions of higher education and school districts;
7151	providing for reclassification under certain
7152	circumstances; classifying as residents certain employees
7153	of international organizations; providing eligibility
7154	criteria for certain students who are not permanent
7155	residents of the United States for exemption from payment
7156	of nonresident tuition; limiting enrollment and requiring
7157	the department to administer the exemption program;
7158	amending s. 1009.23, F.S.; providing guidelines and
7159	restrictions for setting community college tuition and
7160	out-of-state fees for upper-division courses; requiring
7161	the State Board of Education to adopt a resident fee
7162	schedule for baccalaureate degree programs offered by
7163	community colleges; revising provisions relating to the
7164	fee for capital improvements, technology enhancements, or
7165	equipping student buildings and the use thereof; providing
7166	requirements for the issuance and validation of bonds;
7167	revising provisions relating to the allocation for child
7168	care centers; amending s. 1009.24, F.S.; providing
7169	responsibilities of the Legislature and state university
7170	boards of trustees to establish tuition and fees;
7171	providing restrictions; creating s. 1009.286, F.S.;
7172	requiring students to pay 75 percent over the in-state
7173	tuition rate for certain excess credit hours; restricting
7174	certain credit hours for purpose of calculation; providing
7175	for notice of requirements; amending s. 1009.40, F.S.;
7176	providing general requirements for student eligibility for
7177	tuition assistance grants; providing that certain students
7178	are ineligible to receive more than one state-funded
7179	tuition assistance grant; amending s. 1009.66, F.S.;
7180	renaming the Nursing Student Loan Forgiveness Program and
7181	transferring administration of the program to the
7182	Department of Education; revising criteria for receiving
7183	funds under the program and for repayment of loans;
7184	requiring that certain nurses employed as faculty in an
7185	approved nursing program be given priority in receiving
7186	funds under the program; renaming the Nursing Student Loan
7187	Forgiveness Trust Fund and transferring administration of
7188	the trust fund to the Department of Education; authorizing
7189	the adoption of rules; amending s. 1009.67, F.S.; renaming
7190	the Nursing Scholarship Program and transferring
7191	administration of the program to the Department of
7192	Education; revising criteria for receiving funds under the
7193	program; revising repayment provisions; requiring the
7194	adoption of rules; creating s. 1009.895, F.S.; creating
7195	the Florida Independent Collegiate Assistance Grant
7196	Program; providing for program administration; authorizing
7197	tuition assistance grants to certain postsecondary
7198	education students enrolling in undergraduate degree
7199	programs for specified occupations; providing institution
7200	eligibility requirements; amending s. 1009.971, F.S.;
7201	providing that the Florida Prepaid College Board shall
7202	have the power to provide for the transfer of ownership of
7203	an advance payment contract under the Florida Prepaid
7204	College Program or a participation agreement under the
7205	Florida College Savings Program upon inheritance, devise,
7206	or bequest; providing procedures and requirements with
7207	respect to such transfer of ownership; providing for
7208	specification of application contents by rule; providing
7209	applicability; amending ss. 1009.972, 1009.98, and
7210	1009.981, F.S.; authorizing the transfer of funds retained
7211	from terminated advance payment contracts, canceled
7212	contracts, and terminated participation agreements to the
7213	direct-support organization established under pt. IV of
7214	ch. 1009, F.S., for use by the Florida Prepaid Tuition
7215	Scholarship Program and for children of specified members
7216	of the armed forces of the United States who die while
7217	participating in the combat theater of operations for
7218	Operation Iraqi Freedom or Operation Enduring Freedom;
7219	deleting the requirement that an independent college or
7220	university be a not-for-profit institution to be eligible
7221	for transfer of benefits; providing a restriction on
7222	transfer of benefits; amending s. 1011.62, F.S.; providing
7223	for FTE calculation for dual enrollment instruction;
7224	amending s. 1011.83, F.S.; providing for funding of
7225	approved baccalaureate programs at community colleges;
7226	providing for use of funds and reporting requirements;
7227	creating pt. VI of ch. 1011, F.S.; establishing the
7228	SUCCEED, FLORIDA! Crucial Professionals Program; providing
7229	for the appropriation of funds to the Department of
7230	Education to be distributed on a competitive basis to
7231	postsecondary educational institutions to offer programs
7232	that meet critical workforce needs; providing for a
7233	request for proposals and requirements of such proposals;
7234	requiring establishment annually by the Legislature of a
7235	priority list; providing for funding of proposals;
7236	providing requirements for grant recipients and renewal
7237	grants; establishing the SUCCEED, FLORIDA! Crucial
7238	Professionals Nursing Education Grant Program, a contract
7239	grant program for increasing the capacity of approved
7240	nursing programs; requiring the Department of Education to
7241	establish guidelines and procedures; specifying
7242	requirements for grant proposals; establishing priorities
7243	for receipt of grants; providing for review, approval, and
7244	funding of proposals; requiring the State Board of
7245	Education to submit a report on implementation status;
7246	establishing the SUCCEED, FLORIDA! Career Paths Program to
7247	provide career and professional academy startup grants;
7248	providing qualification criteria; establishing the
7249	SUCCEED, FLORIDA! Great Jobs Program; providing for the
7250	appropriation of funds to the Department of Education to
7251	be distributed on a competitive basis to postsecondary
7252	educational institutions to produce graduates to enter
7253	certain occupations in the state; providing for a request
7254	for proposals and requirements of such proposals;
7255	requiring establishment annually by the Legislature of a
7256	priority list; providing for funding of proposals;
7257	providing requirements for grant recipients; amending s.
7258	1012.82, F.S.; revising provisions relating to minimum
7259	contact hours for community college faculty who teach
7260	upper-division courses; amending s. 1013.60, F.S.;
7261	allowing community college boards of trustees to request
7262	funding for all authorized programs and specifying
7263	requirements; requiring that enrollment in baccalaureate
7264	degree programs be computed into the survey of need for
7265	facilities; creating ch. 1014, F.S., relating to career
7266	education; defining the term "career education"; providing
7267	elements of the rigorous career education system;
7268	providing guiding principles for career education;
7269	establishing the position of Deputy Commissioner of Career
7270	Education to direct the Office of Career Education in the
7271	Department of Education and specifying qualifications for
7272	the deputy commissioner; specifying responsibilities and
7273	duties; providing legislative expectations and funding
7274	criteria for the career education system; defining the
7275	term "career and professional academy"; providing elements
7276	and duties of a career and professional academy and for
7277	certification thereof; requiring adoption of rules;
7278	amending s. 215.20, F.S.; conforming provisions relating
7279	to a trust fund; creating a program to offer discounted
7280	computers and Internet access to public school students in
7281	grades 5 through 12; requiring the department to negotiate
7282	terms with computer manufacturers, nonprofit corporations
7283	that obtain reconditioned computer hardware, and broadband
7284	Internet access  providers; requiring the adoption of
7285	rules; requiring the Digital Divide Council to implement a
7286	pilot project to assist low-income students with
7287	purchasing discounted computers and Internet access
7288	services; providing for funding and authorizing the
7289	council to accept grants to implement the pilot project;
7290	requiring the Office of Program Policy Analysis and
7291	Government Accountability to study implementation of
7292	career and professional academies and make
7293	recommendations; requiring a study and report by the
7294	Office of Program Policy Analysis and Government
7295	Accountability relating to student progression in state
7296	universities; requiring the department to identify
7297	specified examinations for earning postsecondary credit
7298	for mastery of nursing course material; requiring a status
7299	report; providing for a type two transfer with respect to
7300	nursing loan programs; requiring the convening of a
7301	workgroup to make recommendations regarding bachelor of
7302	applied science degree programs; requiring a report;
7303	approving a transfer of an endowment from the Appleton
7304	Cultural Center, Inc., to the Central Florida Community
7305	College Foundation; providing restrictions on the
7306	management of the endowment; releasing the foundation from
7307	a trust agreement and statutory requirements; amending s.
7308	1002.39, F.S., relating to the John M. McKay Scholarships
7309	for Students with Disabilities Program; revising
7310	definition of the term "students with disabilities";
7311	revising student eligibility requirements for receipt of a
7312	scholarship and restricting eligibility therefor;
7313	providing for term of a scholarship; revising and adding
7314	school district obligations and clarifying parental
7315	options; revising and adding Department of Education
7316	obligations, including verification of eligibility of
7317	private schools and establishment of a process for
7318	notification of violations, subsequent investigation, and
7319	certification of compliance by private schools; providing
7320	Commissioner of Education authority and obligations,
7321	including the denial, suspension, or revocation of a
7322	private school's participation in the scholarship program
7323	and procedures and timelines therefor; revising private
7324	school eligibility and obligations, including compliance
7325	with specified laws and academic accountability to the
7326	parent; revising parent and student responsibilities for
7327	scholarship program participation; prohibiting a private
7328	school from acting as attorney in fact to sign a
7329	scholarship warrant; revising provisions relating to
7330	scholarship funding and payment; providing funding and
7331	payment requirements for former Florida School for the
7332	Deaf and the Blind students and for students exiting a
7333	Department of Juvenile Justice program; providing
7334	Department of Financial Services obligations; providing
7335	scope of authority; requiring adoption of rules; amending
7336	s. 220.187, F.S., relating to credits for contributions to
7337	nonprofit scholarship-funding organizations; revising and
7338	providing definitions; naming the scholarship program;
7339	providing student eligibility requirements for receipt of
7340	a corporate income tax credit scholarship and restricting
7341	eligibility therefor; revising provisions relating to tax
7342	credit for small businesses; providing for rescindment of
7343	tax credit allocation; revising and adding obligations of
7344	eligible nonprofit scholarship-funding organizations,
7345	including compliance with requirements for background
7346	checks, scholarship-funding organization ownership or
7347	operation, audits, and reports; requiring certain
7348	information to remain confidential in accordance with s.
7349	213.053, F.S.; revising and adding parent and student
7350	responsibilities for scholarship program participation,
7351	including compliance with private school's published
7352	policies, participation in student academic assessment,
7353	and restrictive endorsement of scholarship warrants or
7354	checks; prohibiting power of attorney for endorsing a
7355	scholarship warrant or check; revising and adding private
7356	school eligibility requirements and obligations, including
7357	compliance with specified laws and academic accountability
7358	to the parent; revising and adding Department of Education
7359	obligations, including verification of eligibility of
7360	program participants, establishment of a process for
7361	notification of violations, subsequent investigation, and
7362	certification of compliance by private schools, and
7363	selection of a research organization to analyze student
7364	performance data; providing Commissioner of Education
7365	authority and obligations, including the denial,
7366	suspension, or revocation of a private school's
7367	participation in the scholarship program and procedures
7368	and timelines therefor; revising and adding provisions
7369	relating to scholarship funding and payment, including the
7370	amount of a scholarship and the payment process; requiring
7371	adoption of rules; creating s. 1002.421, F.S., relating to
7372	rights and obligations of private schools participating in
7373	state school choice scholarship programs; providing
7374	requirements for participation in a scholarship program,
7375	including compliance with specified state, local, and
7376	federal laws and demonstration of fiscal soundness;
7377	requiring restrictive endorsement of checks and
7378	prohibiting a school from acting as attorney in fact;
7379	requiring employment of qualified teachers and background
7380	screening of individuals with direct student contact;
7381	providing scope of authority; requiring adoption of rules;
7382	the Department of Education to evaluate the extent to
7383	which the Sunshine State Standards in the arts are being
7384	taught; requiring a report to the Governor and the
7385	Legislature; amending s. 1003.455, F.S.; requiring each
7386	school district to submit a copy of its wellness policy to
7387	the Department of Education; requiring the department to
7388	post each policy on its website; encouraging each school
7389	district to review its level of participation and evaluate
7390	the success of its wellness programs; encouraging school
7391	districts to solicit public input regarding their policies
7392	on nutritional offerings and wellness plans; requiring
7393	certain public high schools to have a defibrillator on the
7394	school grounds; encouraging public and private
7395	partnerships to cover the costs associated with the
7396	defibrillator; encouraging school boards to review
7397	research with regard to how physical movement can enhance
7398	learning in academic subjects; requiring certain content
7399	to be included in staff development of physical education
7400	and arts instructors; amending s. 411.01, F.S.; providing
7401	that specified counties continue to operate as an
7402	independent early learning coalition for certain purposes;
7403	amending s. 1006.20, F.S.; requiring the Florida High
7404	School Athletic Association to adopt bylaws relating to
7405	steroid use and the adherence to a coaches code of ethics;
7406	requiring development of such code; requiring the Florida
7407	High School Athletic Association to make recommendations
7408	for a pilot drug testing program to test for performance-
7409	enhancing drugs; amending s. 287.055, F.S.; including
7410	regional consortium service organizations under provisions
7411	relating to procurement and competitive selection of
7412	certain professional services; amending 1001.453, F.S.;
7413	revising definition of direct-support organization to
7414	include a regional consortium service organization direct-
7415	support organization; authorizing use of property and
7416	requiring rules; providing for approval of a board of
7417	directors and requiring audits; amending s. 1010.09, F.S.;
7418	conforming a provision relating to direct-support
7419	organizations; amending s. 1011.765, F.S.; providing that
7420	the Florida Academic Improvement Trust Fund shall be
7421	utilized to provide matching grants to regional consortium
7422	service organization education foundations; amending s.
7423	401.107, F.S.; defining the terms "youth athletic
7424	organization" and "automated external defibrillator
7425	device"; amending s. 401.111, F.S.; providing for grants
7426	to local agencies, emergency medical services
7427	organizations, and youth athletic organizations to expand
7428	the use of automated external defibrillator devices;
7429	amending s. 401.113, F.S.; providing for disbursement of
7430	funds from the Emergency Medical Services Trust Fund;
7431	requiring the Department of Health to implement an
7432	educational campaign to inform the public about the lack
7433	of immunity from liability regarding the use of automated
7434	external defibrillator devices under certain conditions;
7435	providing for purchase of an electronic fingerprint
7436	scanner for purposes of background screening for certain
7437	private school employees; providing an effective date.

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