HCB 6007 (for HBs 91, 1021, 1223, 1323, 1365, 1737, 1791, 1847)

1	A bill to be entitled
2	An act relating to education; amending s. 20.15, F.S.;
3	establishing the Division of Accountability, Research, and
4	Measurement in the Department of Education; amending s.
5	1000.01, F.S.; conforming provisions relating to the
6	repeal of the Council for Education Policy Research and
7	Improvement; amending s. 1001.03, F.S.; requiring the
8	State Board of Education to review the Sunshine State
9	Standards and provide a report evaluating the extent to
10	which the standards are being taught; amending s. 1001.11,
11	F.S.; conforming provisions relating to the repeal of the
12	Council for Education Policy Research and Improvement;
13	providing duties of the department relating to education
14	goals; creating s. 1001.215, F.S.; creating the Just Read,
15	Florida! Office in the Department of Education; providing
16	duties; amending s. 1001.41, F.S.; requiring district
17	school boards to adopt policies to provide each student a
18	complete education program; amending s. 1001.42, F.S.;
19	providing requirements for each district school board's
20	system of school improvement and student progression;
21	providing components to increase student achievement;
22	conforming provisions relating to deletion of a rigorous
23	reading requirement and the designation of school grades;
24	amending s. 1002.20, F.S.; conforming a cross reference
25	and provisions relating to educational choice; amending s.
26	1002.38, F.S.; conforming provisions relating to the
27	designation of school grades and revising the date for
28	request of an Opportunity Scholarship; creating s.
29	1002.385, F.S.; establishing the Reading Compact
30	Scholarship Program to provide students with reading
31	deficiencies the option to attend a public or private
32	school of choice; providing eligibility requirements for
33	receipt of a Reading Compact Scholarship to attend a
34	private school and restricting use of such scholarship;
35	providing for the term of a scholarship; providing school
36	district obligation to notify parents of available
37	options; providing Department of Education obligations,
38	including establishment of a process for notification of
39	violations, subsequent investigation, and certification of
40	compliance by private schools and selection of a research
41	organization to analyze student performance data;
42	providing Commissioner of Education authority and
43	obligations, including the denial, suspension, or
44	revocation of a private school's participation in the
45	scholarship program and procedures and timelines therefor;
46	providing private school eligibility requirements and
47	obligations, including compliance with specified laws and
48	academic accountability to the parent; providing parent
49	and student responsibilities for scholarship program
50	participation, including compliance with the private
51	school's published policies, participation in student
52	academic assessment, and restrictive endorsement of
53	scholarship warrants; prohibiting power of attorney for
54	endorsing a scholarship warrant; providing funding and
55	payment requirements, including calculation of scholarship
56	amount, payment process, and Department of Financial
57	Services review; providing for immunity; providing scope
58	of authority; requiring adoption of rules; creating s.
59	1002.421, F.S., relating to rights and obligations of
60	private schools participating in state school choice
61	scholarship programs; providing requirements for
62	participation in a scholarship program, including
63	compliance with specified state, local, and federal laws
64	and demonstration of fiscal soundness; requiring
65	restrictive endorsement of checks and prohibiting a school
66	from acting as attorney in fact; requiring employment of
67	qualified teachers and background screening of individuals
68	with direct student contact; requiring adoption of rules;
69	amending s. 1003.01, F.S.; revising definition of the term
70	"special education services"; amending s. 1003.03, F.S.;
71	modifying implementation provisions relating to
72	constitutional class size requirements; creating s.
73	1003.035, F.S.; providing class size requirements based on
74	district average contingent upon constitutional amendment;
75	providing implementation and calculation requirements;
76	specifying options to meet class size requirements;
77	authorizing transfer of funds for class size reduction;
78	requiring certain actions by school districts not in
79	compliance; requiring constitutional compliance plans in
80	certain instances; amending s. 1003.05, F.S.; deleting the
81	requirement that certain children receive preference for
82	admission to special academic programs even if maximum
83	enrollment has been reached; removing charter schools from
84	the definition of special academic programs; creating s.
85	1003.413, F.S.; requiring each school district to
86	establish policies to assist high school students to
87	remain in school, graduate on time, and be prepared for
88	postsecondary education and the workplace; directing the
89	Commissioner of Education to create and implement the
90	Challenge High School Recognition Program; creating the
91	High School Reform Task Force and providing for
92	appointment of members; requiring recommendation of a
93	long-term plan relating to high school reform and
94	specifying items to be addressed; providing for
95	termination of the task force; amending s. 1003.415, F.S.;
96	providing the mission of middle grades; deleting the
97	rigorous reading requirement for middle grade students;
98	deleting obsolete language relating to a department study;
99	creating s. 1003.4155, F.S.; specifying the grading scale
100	for grades 6 through 8; creating s. 1003.4156, F.S.;
101	specifying general requirements for middle school
102	promotion; requiring an intensive reading course under
103	certain circumstances; defining an academic credit;
104	requiring school district policies and authorizing
105	alternative methods for progression; requiring adoption of
106	rules for alternative promotion standards; amending s.
107	1003.42, F.S.; revising provisions relating to required
108	instruction and courses of study in the public schools;
109	including study of the history of the United States and
110	free enterprise; amending s. 1003.43, F.S., relating to
111	general requirements for high school graduation; including
112	study of the Declaration of Independence in the credit
113	requirement for American government; amending s. 1003.57,
114	F.S.; providing guidelines for determining the residency
115	of an exceptional student with a disability who resides in
116	a residential facility and receives special instruction or
117	services; requiring the placing authority in a parent's
118	state of residence to pay the cost of such instruction,
119	facilities, and services for a nonresident exceptional
120	student with a disability; providing requirements of the
121	department and school districts with respect to financial
122	obligations; providing responsibilities of residential
123	facilities that educate exceptional students with
124	disabilities; providing applicability; defining the term
125	"parent" for purposes of the section; authorizing adoption
126	of rules; creating s. 1003.575, F.S.; requiring the
127	department to coordinate the development of an individual
128	education plan form for use in developing and implementing
129	individual education plans for exceptional students;
130	requiring the form to be available to school districts to
131	facilitate the use of an individual education plan when a
132	student transfers; amending s. 1003.58, F.S.; correcting a
133	cross reference; amending s. 1003.62, F.S.; conforming
134	provisions relating to the designation of school grades
135	and differentiated-pay policies; amending ss. 1005.22 and
136	1007.33, F.S.; conforming provisions relating to the
137	repeal of the Council for Education Policy Research and
138	Improvement; amending s. 1008.22, F.S.; specifying grade
139	level and subject area testing requirements; requiring the
140	State Board of Education to conduct concordance studies to
141	determine FCAT equivalencies for high school graduation;
142	deleting a limitation on and specifying requirements for
143	the use of alternative assessments to the grade 10 FCAT;
144	requiring an annual report on student performance;
145	amending s. 1008.25, F.S.; authorizing district school
146	boards to require low-performing students to attend
147	remediation programs outside of regular school hours;
148	requiring the department to establish a uniform format for
149	reporting information relating to student progression;
150	requiring an annual report; repealing s. 1008.301, F.S.,
151	relating to a concordance study of FCAT equivalencies for
152	high school graduation; amending s. 1008.31, F.S.;
153	deleting provisions relating to performance-based funding;
154	revising goals and measures of the K-20 performance
155	accountability system and requiring data quality
156	improvement; providing for development of reporting and
157	data collection requirements; requiring adoption of rules;
158	amending s. 1008.33, F.S.; conforming provisions relating
159	to the designation of school grades and a cross reference;
160	authorizing district school boards to transfer teachers,
161	faculty, and staff as needed; amending s. 1008.34, F.S.;
162	revising terminology and provisions relating to
163	designation and determination of school grades; specifying
164	use of assessment data with respect to alternative
165	schools; defining the term "home school"; requiring an
166	annual school report card to be published by the
167	department and distributed by school districts; creating
168	s. 1008.341, F.S.; requiring improvement ratings for
169	certain alternative schools; providing the basis for such
170	ratings and requiring annual performance reports;
171	providing for determination of school improvement ratings,
172	identification of learning gains, and eligibility for
173	school recognition awards; requiring an annual report card
174	to be developed by the department and distributed by
175	school districts; requiring adoption of rules; amending s.
176	1008.345, F.S.; conforming provisions relating to the
177	designation of school grades and a cross reference;
178	amending s. 1008.36, F.S.; providing for assignment of
179	school grades to certain feeder pattern schools that do
180	not receive such a grade for purposes of participation in
181	the Florida School Recognition Program; defining feeder
182	school pattern; providing that a feeder pattern school
183	shall be subject to the Opportunity Scholarship Program;
184	modifying procedures for determination and use of school
185	recognition awards; amending s. 1008.45, F.S.; conforming
186	provisions relating to the repeal of the Council for
187	Education Policy Research and Improvement; repealing s.
188	1008.51, F.S., relating to the Council for Education
189	Policy Research and Improvement; amending s. 1011.62,
190	F.S.; providing FTE funding for juveniles enrolled in a
191	specified education program; providing funding for
192	supplemental educational services for certain students;
193	conforming cross references and provisions relating to the
194	designation of school grades; establishing a research-
195	based reading instruction allocation to provide funds for
196	a comprehensive reading instruction system; requiring
197	school district plans for use of the allocation and
198	approval thereof; including the allocation in the total
199	amount allocated to each school district for current
200	operation; amending s. 1011.64, F.S.; conforming
201	terminology and cross references; amending s. 1011.685,
202	F.S.; conforming provisions relating to the repeal of the
203	BEST Florida Teaching salary career ladder program and
204	implementation of a differentiated-pay policy; creating s.
205	1011.6855, F.S.; creating an operating categorical fund to
206	fund minimum pay requirements for certain instructional
207	personnel contingent upon constitutional amendment;
208	amending s. 1011.71, F.S.; correcting a cross reference;
209	amending s. 1012.21, F.S.; requiring the department to
210	annually post online school district collective bargaining
211	contracts; amending s. 1012.22, F.S.; deleting a
212	requirement that each district school board adopt a
213	performance-pay policy; requiring each district school
214	board to annually provide its negotiated collective
215	bargaining contract to the department; creating s.
216	1012.2305, F.S.; establishing minimum pay for certain
217	instructional personnel contingent upon constitutional
218	amendment; repealing s. 1012.231, F.S., relating to the
219	BEST Florida Teaching salary career ladder program;
220	creating s. 1012.2312, F.S.; requiring each district
221	school board to adopt a differentiated-pay policy for
222	instructional personnel; providing factors on which
223	differentiated pay shall be based; authorizing funds to be
224	withheld from school districts under certain
225	circumstances; creating s. 1012.2313, F.S.; requiring each
226	district school board to have a differentiated-pay policy
227	for school administrators; providing factors on which
228	differentiated pay shall be based; authorizing funds to be
229	withheld from school districts under certain
230	circumstances; creating s. 1012.2315, F.S.; providing
231	school district requirements for the assignment of
232	teachers and authorizing incentives; providing procedures
233	for noncompliance; providing requirements relating to
234	collective bargaining; amending s. 1012.27, F.S.;
235	conforming provisions relating to the repeal of the BEST
236	Florida Teaching salary career ladder program and
237	implementation of a differentiated-pay policy; amending s.
238	1012.34, F.S.; conforming provisions relating to deletion
239	of a rigorous reading requirement; creating s. 1012.986,
240	F.S.; establishing the A+ Professional Development Program
241	for School Leaders; defining the term "school leader";
242	establishing school leadership designations; providing
243	program requirements and delivery systems; requiring
244	adoption of rules; repealing s. 1012.987, F.S., relating
245	to rules for a leadership designation; creating s.
246	1013.381, F.S.; requiring each district school board to
247	adopt and implement an indoor environmental quality policy
248	which provides for periodic surveys; providing that the
249	policy may include certain requirements; providing for
250	indemnification under certain circumstances; requiring
251	display of indoor environmental quality training
252	completion; requiring adoption of rules; amending s.
253	1013.512, F.S.; requiring the release of funds remaining
254	in reserve relating to school district land acquisition
255	and facilities operations; specifying when a Land
256	Acquisition and Facilities Advisory Board shall be
257	disbanded; establishing the Charter School Task Force and
258	specifying composition and duties; requiring the
259	department to provide staff support to the task force;
260	providing severability; providing effective dates.
261
262	WHEREAS, students will have the best opportunity to obtain
263	a high-quality education in the public education system of this
264	state, and that system can best be enhanced, when resources are
265	allocated efficiently and are concentrated to enhance a safe,
266	secure, and disciplined classroom learning environment, when
267	teachers and principals are supported, when high-quality
268	education is reinforced through shared high academic
269	expectations, and when successes are rewarded, failures are
270	identified, and the public is apprised of both successes and
271	failures, NOW, THEREFORE,
272
273	Be It Enacted by the Legislature of the State of Florida:
274
275	Section 1.  Paragraph (f) is added to subsection (3) of
276	section 20.15, Florida Statutes, to read:
277	20.15  Department of Education.--There is created a
278	Department of Education.
279	(3)  DIVISIONS.--The following divisions of the Department
280	of Education are established:
281	(f)  Division of Accountability, Research, and Measurement.
282	Section 2.  Paragraph (a) of subsection (5) of section
283	1000.01, Florida Statutes, is amended to read:
284	1000.01  The Florida K-20 education system; technical
285	provisions.--
286	(5)  EDUCATION GOVERNANCE TRANSFERS.--
287	(a)  Effective July 1, 2001:
288	1.  The Board of Regents is abolished.
289	2.  All of the powers, duties, functions, records,
290	personnel, and property; unexpended balances of appropriations,
291	allocations, and other funds; administrative authority;
292	administrative rules; pending issues; and existing contracts of
293	the Board of Regents are transferred by a type two transfer,
294	pursuant to s. 20.06(2), to the State Board of Education.
295	3.  The State Board of Community Colleges is abolished.
296	4.  All of the powers, duties, functions, records,
297	personnel, and property; unexpended balances of appropriations,
298	allocations, and other funds; administrative authority;
299	administrative rules; pending issues; and existing contracts of
300	the State Board of Community Colleges are transferred by a type
301	two transfer, pursuant to s. 20.06(2), from the Department of
302	Education to the State Board of Education.
303	5.  The Postsecondary Education Planning Commission is
304	abolished.
305	6.  The Council for Education Policy Research and
306	Improvement is created as an independent office under the Office
307	of Legislative Services.
308	7.  All personnel, unexpended balances of appropriations,
309	and allocations of the Postsecondary Education Planning
310	Commission are transferred to the Council for Education Policy
311	Research and Improvement.
312	6.8.  The Articulation Coordinating Committee and the
313	Education Standards Commission are transferred by a type two
314	transfer, pursuant to s. 20.06(2), from the Department of
315	Education to the State Board of Education.
316	Section 3.  Subsection (1) of section 1001.03, Florida
317	Statutes, is amended to read:
318	1001.03  Specific powers of State Board of Education.--
319	(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
320	Board of Education shall approve the student performance
321	standards known as the Sunshine State Standards in key academic
322	subject areas and grade levels. The state board shall
323	periodically review the standards to ensure adequate rigor,
324	logical student progression, and articulation from grade to
325	grade and evaluate the extent to which the standards are being
326	taught at each grade level. The evaluation shall be provided to
327	the Governor, the Speaker of the House of Representatives, and
328	the President of the Senate and shall include a determination of
329	each district school board's provision of a complete education
330	program pursuant to s. 1001.41(3).
331	Section 4.  Paragraph (a) of subsection (2) of section
332	1001.11, Florida Statutes, is amended to read:
333	1001.11  Commissioner of Education; other duties.--
334	(2)(a)  The Commissioner of Education shall recommend to
335	the State Board of Education performance goals addressing the
336	educational needs of the state for the K-20 education system.
337	The Department of Council for Education Policy Research and
338	Improvement, as an independent entity, shall develop a report
339	card assigning grades to indicate Florida's progress toward
340	meeting those goals. The annual report card shall contain
341	information showing Florida's performance relative to other
342	states on selected measures, as well as Florida's ability to
343	meet the need for postsecondary degrees and programs and how
344	well the Legislature has provided resources to meet this need.
345	The information shall include the results of the National
346	Assessment of Educational Progress or a similar national
347	assessment program administered to students in Florida. By
348	January 1 of each year, the department Council for Education
349	Policy Research and Improvement shall submit the report card to
350	the Legislature, the Governor, and the public.
351	Section 5.  Section 1001.215, Florida Statutes, is created
352	to read:
353	1001.215  Just Read, Florida! Office.--There is created in
354	the Department of Education the Just Read, Florida! Office. The
355	office shall:
356	(1)  Train professionally certified teachers to become
357	certified reading coaches.
358	(2)  Create multiple designations of effective reading
359	instruction, with accompanying credentials, that encourage all
360	teachers to integrate reading instruction into their content
361	areas.
362	(3)  Train K-12 teachers, school principals, and parents on
363	research-based reading instruction strategies.
364	(4)  Provide technical assistance to school districts in
365	the development and implementation of district plans for use of
366	the research-based reading instruction allocation provided in s.
367	1011.62(8) and annually review and approve such plans.
368	(5)  Work with the Florida Center for Reading Research to
369	provide information on research-based reading programs.
370	(6)  Periodically review the Sunshine State Standards for
371	reading at all grade levels.
372	(7)  Periodically review teacher certification examinations
373	to ensure that the examinations measure necessary skills in
374	research-based reading instructional strategies.
375	(8)  Work with teacher preparation programs approved
376	pursuant to s. 1004.04 to ensure integration of research-based
377	reading instructional strategies into teacher preparation
378	programs.
379	(9)  Administer grants and perform other functions
380	necessary to assist with meeting the goal that all students read
381	at grade level.
382	Section 6.  Subsection (3) of section 1001.41, Florida
383	Statutes, is amended to read:
384	1001.41  General powers of district school board.--The
385	district school board, after considering recommendations
386	submitted by the district school superintendent, shall exercise
387	the following general powers:
388	(3)  Prescribe and adopt standards and policies to provide
389	each student the opportunity to receive a complete education
390	program, including language arts, mathematics, science, social
391	studies, health, physical education, foreign languages, and the
392	arts as defined by the Sunshine State Standards pursuant to s.
393	1001.03(1) as are considered desirable by it for improving the
394	district school system.
395	Section 7.  Subsection (16), paragraph (d) of subsection
396	(17), and subsection (18) of section 1001.42, Florida Statutes,
397	are amended to read:
398	1001.42  Powers and duties of district school board.--The
399	district school board, acting as a board, shall exercise all
400	powers and perform all duties listed below:
401	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
402	ACCOUNTABILITY.--Maintain a system of school improvement and
403	education accountability as provided by statute and State Board
404	of Education rule. This system of school improvement and
405	education accountability shall be consistent with, and
406	implemented through, the district's continuing system of
407	planning and budgeting required by this section and ss.
408	1008.385, 1010.01, and 1011.01. This system of school
409	improvement and education accountability shall include, but is
410	not limited to, the following:
411	(a)  School improvement plans.--Annually approve and
412	require implementation of a new, amended, or continuation school
413	improvement plan for each school in the district, except that a
414	district school board may establish a district school
415	improvement plan that includes all schools in the district
416	operating for the purpose of providing educational services to
417	youth in Department of Juvenile Justice programs. Such plan
418	shall be designed to achieve the state education priorities
419	pursuant to s. 1000.03(5) and student performance standards. In
420	addition, any school required to implement a rigorous reading
421	requirement pursuant to s. 1003.415 must include such component
422	in its school improvement plan. Each plan shall also address
423	issues relative to budget, training, instructional materials,
424	technology, staffing, student support services, specific school
425	safety and discipline strategies, student health and fitness,
426	including physical fitness, parental information on student
427	health and fitness, and indoor environmental air quality, and
428	other matters of resource allocation, as determined by district
429	school board policy, and shall be based on an analysis of
430	student achievement and other school performance data.
431	(b)  School improvement plan requirements.--Each district
432	school board's system of school improvement and student
433	progression must be designed to provide frequent and accurate
434	information to the teacher and student regarding each student's
435	progress toward mastering the Sunshine State Standards. The
436	system must demonstrate the alignment of the Sunshine State
437	Standards, instructional strategies, assessment, and
438	professional development. Each school improvement plan must
439	identify the strategies for monitoring the progress of each
440	student. The process used by each school to monitor student
441	progression must, at a minimum, contain the following components
442	that are aimed at increasing student achievement:
443	1.  Disaggregated student achievement data related to
444	student performance which is used to identify each individual
445	student's strengths and weaknesses and to determine the
446	effectiveness of the teaching and learning strategies that are
447	being used in the classroom.
448	2.  The Sunshine State Standards instructional calendar and
449	timeline, using disaggregated student performance data to focus
450	instruction on the Sunshine State Standards, manage
451	instructional time, and allocate resources.
452	3.  Prioritized instructional focus to facilitate explicit
453	and systematic instruction using research-based effective
454	practices in the classroom.
455	4.  Mini-assessments of targeted Sunshine State Standards
456	benchmarks to monitor student progress and generate data to
457	redesign instruction, if needed.
458	5.  Alternative in-school, tutorial, remediation, or
459	enrichment strategies for students which are based on each
460	student's individual academic needs as defined by the mini-
461	assessments.
462	6.  Systematic monitoring of each teacher's implementation
463	of the comprehensive program for student progression as
464	described in subparagraphs 1.-5.
465	(c)(b)  Approval process.--Develop a process for approval
466	of a school improvement plan presented by an individual school
467	and its advisory council. In the event a district school board
468	does not approve a school improvement plan after exhausting this
469	process, the Department of Education shall be notified of the
470	need for assistance.
471	(d)(c)  Assistance and intervention.--
472	1.  Develop a 2-year plan of increasing individualized
473	assistance and intervention for each school in danger of not
474	meeting state standards or making adequate progress, as defined
475	pursuant to statute and State Board of Education rule, toward
476	meeting the goals and standards of its approved school
477	improvement plan.
478	2.  Provide assistance and intervention to a school that is
479	designated with a identified as being in performance grade of
480	category "D" pursuant to s. 1008.34 and is in danger of failing.
481	3.  Develop a plan to encourage teachers with demonstrated
482	mastery in improving student performance to remain at or
483	transfer to a school designated with a as performance grade of
484	category "D" or "F" or to an alternative school that serves
485	disruptive or violent youths. If a classroom teacher, as defined
486	by s. 1012.01(2)(a), who meets the definition of teaching
487	mastery developed according to the provisions of this paragraph,
488	requests assignment to a school designated with a as performance
489	grade of category "D" or "F" or to an alternative school that
490	serves disruptive or violent youths, the district school board
491	shall make every practical effort to grant the request.
492	4.  Prioritize, to the extent possible, the expenditures of
493	funds received from the supplemental academic instruction
494	categorical fund under s. 1011.62(1)(f) to improve student
495	performance in schools that receive a performance grade category
496	designation of "D" or "F."
497	(e)(d)  After 2 years.--Notify the Commissioner of
498	Education and the State Board of Education in the event any
499	school does not make adequate progress toward meeting the goals
500	and standards of a school improvement plan by the end of 2 years
501	of failing to make adequate progress and proceed according to
502	guidelines developed pursuant to statute and State Board of
503	Education rule. School districts shall provide intervention and
504	assistance to schools in danger of being designated with a as
505	performance grade of category "F," failing to make adequate
506	progress.
507	(f)(e)  Public disclosure.--Provide information regarding
508	performance of students and educational programs as required
509	pursuant to ss. 1008.22 and 1008.385 and implement a system of
510	school reports as required by statute and State Board of
511	Education rule that shall include schools operating for the
512	purpose of providing educational services to youth in Department
513	of Juvenile Justice programs, and for those schools, report on
514	the elements specified in s. 1003.52(19). Annual public
515	disclosure reports shall be in an easy-to-read report card
516	format and shall include the school's student and school
517	performance grade category designation and performance data as
518	specified in state board rule.
519	(g)(f)  School improvement funds.--Provide funds to schools
520	for developing and implementing school improvement plans. Such
521	funds shall include those funds appropriated for the purpose of
522	school improvement pursuant to s. 24.121(5)(c).
523	(17)  LOCAL-LEVEL DECISIONMAKING.--
524	(d)  Adopt policies that assist in giving greater autonomy,
525	including authority over the allocation of the school's budget,
526	to schools designated with a as performance grade of category
527	"A," making excellent progress, and schools rated as having
528	improved at least two grades performance grade categories.
529	(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
530	students attending schools that have been designated with a as
531	performance grade of category "F," failing to make adequate
532	progress, for 2 school years in a 4-year period to attend a
533	higher performing school in the district or an adjoining
534	district or be granted a state opportunity scholarship to a
535	private school, in conformance with s. 1002.38 and State Board
536	of Education rule.
537	Section 8.  Paragraph (d) of subsection (3) and paragraphs
538	(a) and (b) of subsection (6) of section 1002.20, Florida
539	Statutes, are amended to read:
540	1002.20  K-12 student and parent rights.--Parents of public
541	school students must receive accurate and timely information
542	regarding their child's academic progress and must be informed
543	of ways they can help their child to succeed in school. K-12
544	students and their parents are afforded numerous statutory
545	rights including, but not limited to, the following:
546	(3)  HEALTH ISSUES.--
547	(d)  Reproductive health and disease education.--A public
548	school student whose parent makes written request to the school
549	principal shall be exempted from the teaching of reproductive
550	health or any disease, including HIV/AIDS, in accordance with
551	the provisions of s. 1003.42(4)(3).
552	(6)  EDUCATIONAL CHOICE.--
553	(a)  Public school choices.--Parents of public school
554	students may seek whatever public school choice options that are
555	applicable to their students and are available to students in
556	their school districts. These options may include controlled
557	open enrollment, lab schools, charter schools, charter technical
558	career centers, magnet schools, alternative schools, special
559	programs, advanced placement, dual enrollment, International
560	Baccalaureate, early admissions, credit by examination or
561	demonstration of competency, the New World School of the Arts,
562	the Florida School for the Deaf and the Blind, and the Florida
563	Virtual School. These options may also include the public school
564	choice options of the Opportunity Scholarship Program, and the
565	McKay Scholarships for Students with Disabilities Program, and
566	the Reading Compact Scholarship Program.
567	(b)  Private school choices.--Parents of public school
568	students may seek private school choice options under certain
569	programs.
570	1.  Under the Opportunity Scholarship Program, the parent
571	of a student in a failing public school may request and receive
572	an opportunity scholarship for the student to attend a private
573	school in accordance with the provisions of s. 1002.38.
574	2.  Under the McKay Scholarships for Students with
575	Disabilities Program, the parent of a public school student with
576	a disability who is dissatisfied with the student's progress may
577	request and receive a McKay Scholarship for the student to
578	attend a private school in accordance with the provisions of s.
579	1002.39.
580	3.  Under the corporate income tax credit scholarship
581	program, the parent of a student who qualifies for free or
582	reduced-price school lunch may seek a scholarship from an
583	eligible nonprofit scholarship-funding organization in
584	accordance with the provisions of s. 220.187.
585	4.  Under the Reading Compact Scholarship Program, the
586	parent of a student with reading deficiencies may request and
587	receive a Reading Compact Scholarship for the student to attend
588	a private school in accordance with the provisions of s.
589	1002.385.
590	Section 9.  Subsection (2) and paragraphs (a) and (b) of
591	subsection (3) of section 1002.38, Florida Statutes, are amended
592	to read:
593	1002.38  Opportunity Scholarship Program.--
594	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school
595	student's parent may request and receive from the state an
596	opportunity scholarship for the student to enroll in and attend
597	a private school in accordance with the provisions of this
598	section if:
599	(a)1.  By assigned school attendance area or by special
600	assignment, the student has spent the prior school year in
601	attendance at a public school that has been designated pursuant
602	to s. 1008.34 with a as performance grade of category "F,"
603	failing to make adequate progress, and that has had 2 school
604	years in a 4-year period of such low performance, and the
605	student's attendance occurred during a school year in which such
606	designation was in effect;
607	2.  The student has been in attendance elsewhere in the
608	public school system and has been assigned to such school for
609	the next school year; or
610	3.  The student is entering kindergarten or first grade and
611	has been notified that the student has been assigned to such
612	school for the next school year.
613	(b)  The parent has obtained acceptance for admission of
614	the student to a private school eligible for the program
615	pursuant to subsection (4), and has notified the Department of
616	Education and the school district of the request for an
617	opportunity scholarship no later than August July 1 of the first
618	year in which the student intends to use the scholarship.
619
620	The provisions of this section shall not apply to a student who
621	is enrolled in a school operating for the purpose of providing
622	educational services to youth in Department of Juvenile Justice
623	commitment programs. For purposes of continuity of educational
624	choice, the opportunity scholarship shall remain in force until
625	the student returns to a public school or, if the student
626	chooses to attend a private school the highest grade of which is
627	grade 8, until the student matriculates to high school and the
628	public high school to which the student is assigned is an
629	accredited school with a performance grade category designation
630	of "C" or better. However, at any time upon reasonable notice to
631	the Department of Education and the school district, the
632	student's parent may remove the student from the private school
633	and place the student in a public school, as provided in
634	subparagraph (3)(a)2.
635	(3)  SCHOOL DISTRICT OBLIGATIONS.--
636	(a)  A school district shall, for each student enrolled in
637	or assigned to a school that has been designated with a as
638	performance grade of category "F" for 2 school years in a 4-year
639	period:
640	1.  Timely notify the parent of the student as soon as such
641	designation is made of all options available pursuant to this
642	section.
643	2.  Offer that student's parent an opportunity to enroll
644	the student in the public school within the district that has
645	been designated by the state pursuant to s. 1008.34 as a school
646	performing higher than that in which the student is currently
647	enrolled or to which the student has been assigned, but not less
648	than performance grade category "C." The parent is not required
649	to accept this offer in lieu of requesting a state opportunity
650	scholarship to a private school. The opportunity to continue
651	attending the higher performing public school shall remain in
652	force until the student graduates from high school.
653	(b)  The parent of a student enrolled in or assigned to a
654	school that has been designated with a performance grade of
655	category "F" for 2 school years in a 4-year period may choose as
656	an alternative to enroll the student in and transport the
657	student to a higher-performing public school that has available
658	space in an adjacent school district, and that school district
659	shall accept the student and report the student for purposes of
660	the district's funding pursuant to the Florida Education Finance
661	Program.
662	Section 10.  Section 1002.385, Florida Statutes, is created
663	to read:
664	1002.385  Reading Compact Scholarship Program.--
665	(1)  READING COMPACT SCHOLARSHIP PROGRAM.--The Reading
666	Compact Scholarship Program is established to offer the parent
667	of a student who has not attained reading proficiency above
668	Level 1 on FCAT Reading an educational choice to further the
669	student's progress in reading. The scholarship program shall
670	provide students who have scored at Level 1 on FCAT Reading for
671	2 of the previous 3 years the option to attend a public or
672	private school of choice.
673	(2)  READING COMPACT SCHOLARSHIP ELIGIBILITY.--The parent
674	of a public school student may request and receive from the
675	state a Reading Compact Scholarship for the student to enroll in
676	and attend a private school in accordance with the provisions of
677	this section if:
678	(a)  The student scored at Level 1 on FCAT Reading for 2 of
679	the previous 3 years. However, a student who scored at Level 1
680	on grade 10 FCAT Reading is not eligible for a Reading Compact
681	Scholarship.
682	(b)  The parent has obtained acceptance for admission of
683	the student to a private school eligible to participate in the
684	scholarship program pursuant to subsection (8) and has requested
685	from the Department of Education a Reading Compact Scholarship
686	no later than 60 days prior to the date of the first scholarship
687	payment. The parental request must be through a communication
688	directly to the department in a manner that creates a written or
689	electronic record of the request and the date of receipt of the
690	request.
691	(3)  READING COMPACT SCHOLARSHIP PROHIBITIONS.--A student
692	shall not use a Reading Compact Scholarship while he or she is:
693	(a)  Enrolled in a school operating for the purpose of
694	providing educational services to youth in Department of
695	Juvenile Justice commitment programs.
696	(b)  Receiving a scholarship from an eligible nonprofit
697	scholarship-funding organization under s. 220.187.
698	(c)  Already receiving an educational scholarship pursuant
699	to this chapter.
700	(d)  Participating in a home education program as defined
701	in s. 1002.01(1).
702	(e)  Participating in a private tutoring program pursuant
703	to s. 1002.43.
704	(f)  Participating in a virtual school, correspondence
705	school, or distance learning program that receives state funding
706	pursuant to the student's participation.
707	(g)  Enrolled in the Florida School for the Deaf and the
708	Blind.
709	(4)  TERM OF READING COMPACT SCHOLARSHIP.--
710	(a)  For purposes of continuity of educational choice, a
711	Reading Compact Scholarship shall remain in force until the
712	student returns to a public school or graduates from high
713	school.
714	(b)  Upon reasonable notice to the department and the
715	school district, the student's parent may remove the student
716	from the private school and place the student in a public
717	school, as provided in paragraph (5)(a).
718	(c)  Upon reasonable notice to the department, the
719	student's parent may move the student from one participating
720	private school to another participating private school.
721	(5)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--
722	(a)1.  A school district shall timely notify the parent of
723	each eligible student of all options available pursuant to this
724	section and offer that student's parent an opportunity to enroll
725	the student in another public school within the school district.
726	2.  The parent is not required to accept the offer of
727	enrolling the student in another public school in lieu of
728	requesting a Reading Compact Scholarship to a private school.
729	However, if the parent chooses the public school option, the
730	student may continue attending a public school chosen by the
731	parent until the student graduates from high school.
732	3.  If the parent chooses a public school consistent with
733	the district school board's choice plan under s. 1002.31, the
734	school district shall provide transportation to the public
735	school selected by the parent. The parent is responsible for
736	providing transportation to a public school chosen that is not
737	consistent with the district school board's choice plan under s.
738	1002.31.
739	(b)  If the parent chooses the private school option and
740	the student is accepted by the private school pending the
741	availability of a space for the student, the parent of the
742	student must notify the department no later than 60 days prior
743	to the first scholarship payment and before entering the private
744	school in order to be eligible for the scholarship when a space
745	becomes available for the student in the private school.
746	(c)  The parent of a student may choose, as an alternative,
747	to enroll the student in and transport the student to a public
748	school in an adjacent school district that has available space,
749	and that school district shall accept the student and report the
750	student for purposes of the school district's funding under the
751	Florida Education Finance Program.
752	(d)  For a student in the school district who participates
753	in the Reading Compact Scholarship Program whose parent requests
754	that the student take the statewide assessments under s.
755	1008.22, the school district shall provide locations and times
756	to take all statewide assessments.
757	(6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
758	shall:
759	(a)  Establish a toll-free hotline that provides parents
760	and private schools with information on participation in the
761	Reading Compact Scholarship Program.
762	(b)  Establish a process by which individuals may notify
763	the department of any violation by a parent, private school, or
764	school district of state laws relating to program participation.
765	The department shall conduct an investigation of any written
766	complaint of a violation of this section, or make a referral to
767	the appropriate agency for an investigation, if the complaint is
768	signed by the complainant and is legally sufficient. A complaint
769	is legally sufficient if it contains ultimate facts that show
770	that a violation of this section or any rule adopted by the
771	State Board of Education has occurred. In order to determine
772	legal sufficiency, the department may require supporting
773	information or documentation from the complainant.
774	(c)  Require an annual, notarized, sworn compliance
775	statement by participating private schools certifying compliance
776	with state laws and shall retain such records.
777	(d)  Cross-check the list of participating scholarship
778	students with the public school enrollment lists prior to the
779	first scholarship payment to avoid duplication.
780	(e)  Identify all nationally norm-referenced tests that are
781	comparable to the norm-referenced test portions of the Florida
782	Comprehensive Assessment Test (FCAT).
783	(f)  Select an independent private research organization to
784	which participating private schools must report the scores of
785	participating students on the nationally norm-referenced tests
786	administered by the private school. The independent private
787	research organization must annually report to the department on
788	the year-to-year improvements of participating students. The
789	independent private research organization must analyze and
790	report student performance data in a manner that protects the
791	rights of students and parents as mandated in 20 U.S.C. s.
792	1232g, the Family Educational Rights and Privacy Act, and must
793	not disaggregate data to a level that will disclose the academic
794	level of individuals or of individual schools. To the extent
795	possible, the independent private research organization must
796	accumulate historical performance data on students from the
797	department and private schools to describe baseline performance
798	and to conduct longitudinal studies. To minimize costs and
799	reduce time required for third-party analysis and evaluation,
800	the department shall conduct analyses of matched students from
801	public school assessment data and calculate control group
802	learning gains using an agreed-upon methodology outlined in the
803	contract with the third-party evaluator. The sharing of student
804	data must be in accordance with the requirements of 20 U.S.C. s.
805	1232g, the Family Educational Rights and Privacy Act, and shall
806	be for the sole purpose of conducting the evaluation. All
807	parties must preserve the confidentiality of such information as
808	otherwise required by state and federal law.
809	(7)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.--
810	(a)  The Commissioner of Education shall deny, suspend, or
811	revoke a private school's participation in the scholarship
812	program if it is determined that the private school has failed
813	to comply with the provisions of this section. However, in
814	instances in which the noncompliance is correctable within a
815	reasonable amount of time and in which the health, safety, and
816	welfare of the students are not threatened, the commissioner may
817	issue a notice of noncompliance which shall provide the private
818	school with a timeframe within which to provide evidence of
819	compliance prior to taking action to suspend or revoke the
820	private school's participation in the scholarship program.
821	(b)  The commissioner's determination is subject to the
822	following:
823	1.  If the commissioner intends to deny, suspend, or revoke
824	a private school's participation in the scholarship program, the
825	department shall notify the private school of such proposed
826	action in writing by certified mail and regular mail to the
827	private school's address of record with the department. The
828	notification shall include the reasons for the proposed action
829	and notice of the timelines and procedures set forth in this
830	paragraph.
831	2.  The private school that is adversely affected by the
832	proposed action shall have 15 days from the receipt of the
833	notice of proposed action to file with the department's agency
834	clerk a request for a proceeding pursuant to ss. 120.569 and
835	120.57. If the private school is entitled to a hearing under s.
836	120.57(1), the department shall forward the request to the
837	Division of Administrative Hearings.
838	3.  Upon receipt of a request referred pursuant to this
839	paragraph, the director of the Division of Administrative
840	Hearings shall expedite the hearing and assign an administrative
841	law judge who shall commence a hearing within 30 days after the
842	receipt of the formal written request by the division and enter
843	a recommended order within 30 days after the hearing or within
844	30 days after receipt of the hearing transcript, whichever is
845	later. Each party shall be allowed 10 days in which to submit
846	written exceptions to the recommended order. A final order shall
847	be entered by the agency within 30 days after the entry of a
848	recommended order. The provisions of this subparagraph may be
849	waived upon stipulation by all parties.
850	(c)  The commissioner may immediately suspend payment if it
851	is determined that there is probable cause to believe that there
852	is:
853	1.  An imminent threat to the health, safety, and welfare
854	of the students; or
855	2.  Fraudulent activity on the part of the private school.
856
857	The commissioner's order suspending payment pursuant to this
858	paragraph may be appealed pursuant to the same procedures and
859	timelines as the notice of proposed action set forth in
860	paragraph (b).
861	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
862	eligible to participate in the Reading Compact Scholarship
863	Program, a private school may be sectarian or nonsectarian and
864	must:
865	(a)  Comply with all applicable requirements for private
866	schools participating in state school choice programs pursuant
867	to s. 1002.421.
868	(b)  Provide the department all documentation required for
869	the student's participation, including the private school's and
870	student's fee schedules, at least 30 days before the first
871	quarterly scholarship payment is made for the student.
872	(c)  Be academically accountable to the parent for meeting
873	the educational needs of the student by:
874	1.  At a minimum, annually providing to the parent a
875	written explanation of the student's progress.
876	2.  Annually administering or making provision for students
877	participating in the scholarship program to take one of the
878	nationally norm-referenced tests identified by the department.
879	Students with disabilities for whom standardized testing is not
880	appropriate are exempt from this requirement. A participating
881	private school must report a student's scores to the parent and
882	to the independent private research organization selected by the
883	department pursuant to paragraph (6)(f).
884	3.  Cooperating with the scholarship student whose parent
885	chooses to participate in the statewide assessments pursuant to
886	s. 1008.22.
887
888	The inability of a private school to meet the requirements of
889	this subsection shall constitute a basis for the ineligibility
890	of the private school to participate in the scholarship program
891	as determined by the department.
892	(9)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
893	PARTICIPATION.--A parent who applies for a Reading Compact
894	Scholarship is exercising his or her parental option to place
895	his or her child in a private school.
896	(a)  The parent must select the private school and apply
897	for the admission of his or her child.
898	(b)  The parent must have requested the scholarship at
899	least 60 days prior to the date of the first scholarship
900	payment.
901	(c)  Any student participating in the Reading Compact
902	Scholarship Program must remain in attendance throughout the
903	school year, unless excused by the school for illness or other
904	good cause.
905	(d)  Each parent and each student has an obligation to the
906	private school to comply with the private school's published
907	policies.
908	(e)  The parent shall ensure that the student participating
909	in the scholarship program takes the norm-referenced assessment
910	offered by the private school. The parent may also choose to
911	have the student participate in the statewide assessments
912	pursuant to s. 1008.22. If the parent requests that the student
913	participating in the scholarship program take statewide
914	assessments pursuant to s. 1008.22, the parent is responsible
915	for transporting the student to the assessment site designated
916	by the school district.
917	(f)  Upon receipt of a scholarship warrant, the parent to
918	whom the warrant is made must restrictively endorse the warrant
919	to the private school for deposit into the account of the
920	private school. The parent may not designate any entity or
921	individual associated with the participating private school as
922	the parent's attorney in fact to sign a scholarship warrant. A
923	participant who fails to comply with this paragraph forfeits the
924	scholarship.
925	(10)  READING COMPACT SCHOLARSHIP FUNDING AND PAYMENT.--
926	(a)  The maximum Reading Compact Scholarship granted for an
927	eligible student shall be a calculated amount equivalent to the
928	base student allocation in the Florida Education Finance Program
929	multiplied by the appropriate cost factor for the educational
930	program that would have been provided for the student in the
931	district school to which he or she was assigned, multiplied by
932	the district cost differential. In addition, the calculated
933	amount shall include the per-student share of instructional
934	materials funds, technology funds, and other categorical funds
935	as provided for this purpose in the General Appropriations Act.
936	For a student who attended the Florida School for the Deaf and
937	the Blind, the Reading Compact Scholarship shall be calculated
938	based on the school district in which the student's parent
939	resides at the time of the scholarship request.
940	(b)  The amount of the Reading Compact Scholarship shall be
941	the calculated amount or the amount of the private school's
942	tuition and fees, whichever is less. Fees eligible shall include
943	textbook fees, lab fees, and other fees related to instruction,
944	including transportation.
945	(c)  The school district shall report all students who are
946	attending a private school under this scholarship program. The
947	students attending private schools on Reading Compact
948	Scholarships shall be reported separately from those students
949	reported for purposes of the Florida Education Finance Program.
950	(d)  A public or private school that provides services to
951	students with disabilities shall receive the weighted funding
952	for such services at the appropriate funding level consistent
953	with the provisions of s. 1011.62(1)(e).
954	(e)  For purposes of calculating the Reading Compact
955	Scholarship, a student shall be eligible for the amount of the
956	appropriate basic cost factor if:
957	1.  The student currently participates in a Group 1 program
958	funded at the basic cost factor and is not subsequently
959	identified as having a disability; or
960	2.  The student currently participates in a Group 2 program
961	and the parent has chosen a private school that does not provide
962	the additional services funded by a Group 2 program.
963	(f)  Following notification on July 1, September 1,
964	December 1, or February 1 of the number of scholarship program
965	participants, the department shall transfer, from General
966	Revenue funds only, the calculated amount from the Florida
967	Education Finance Program and authorized categorical accounts to
968	a separate account for the Reading Compact Scholarship Program
969	for quarterly disbursement to the parents of participating
970	students. When a student enters the scholarship program, the
971	department must receive all documentation required for the
972	student's participation, including the private school's and
973	student's fee schedules, at least 30 days before the first
974	quarterly scholarship payment is made for the student.
975	(g)  The Chief Financial Officer shall make Reading Compact
976	Scholarship payments in four equal amounts no later than
977	September 1, November 1, February 1, and April 1 of each
978	academic year in which the Reading Compact Scholarship is in
979	force. The initial payment shall be made after department
980	verification of admission acceptance, and subsequent payments
981	shall be made upon verification of continued enrollment and
982	attendance at the private school. Payment must be by individual
983	warrant made payable to the student's parent and mailed by the
984	department to the private school of the parent's choice, and the
985	parent shall restrictively endorse the warrant to the private
986	school.
987	(h)  Subsequent to each scholarship payment, the Department
988	of Financial Services shall randomly review endorsed warrants to
989	confirm compliance with endorsement requirements. The Department
990	of Financial Services shall immediately report inconsistencies
991	or irregularities to the department.
992	(11)  LIABILITY.--No liability shall arise on the part of
993	the state based on the award or use of a Reading Compact
994	Scholarship.
995	(12)  SCOPE OF AUTHORITY.--The inclusion of eligible
996	private schools within options available to Florida public
997	school students does not expand the regulatory authority of the
998	state, its officers, or any school district to impose any
999	additional regulation of private schools beyond those reasonably
1000	necessary to enforce requirements expressly set forth in this
1001	section.
1002	(13)  RULES.--The State Board of Education shall adopt
1003	rules pursuant to ss. 120.536(1) and 120.54 to administer this
1004	section. Rules shall include penalties for noncompliance with
1005	subsections (8) and (9).
1006	Section 11.  Section 1002.421, Florida Statutes, is created
1007	to read:
1008	1002.421  Rights and obligations of private schools
1009	participating in state school choice scholarship
1010	programs.--Requirements of this section are in addition to
1011	private school requirements outlined in s. 1002.42, specific
1012	requirements identified within respective scholarship program
1013	laws, and other provisions of Florida law that apply to private
1014	schools.
1015	(1)  A Florida private school participating in the
1016	corporate income tax credit scholarship program established
1017	pursuant to s. 220.187 or an educational scholarship program
1018	established pursuant to this chapter must comply with all
1019	requirements of this section.
1020	(2)  A private school participating in a scholarship
1021	program must be a Florida private school as defined in s.
1022	1002.01(2) and must:
1023	(a)  Be a registered Florida private school in accordance
1024	with s. 1002.42.
1025	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
1026	s. 2000d.
1027	(c)  Notify the department of its intent to participate in
1028	a scholarship program.
1029	(d)  Notify the department of any change in the school's
1030	name, school director, mailing address, or physical location
1031	within 15 days after the change.
1032	(e)  Complete student enrollment and attendance
1033	verification requirements, including use of an online attendance
1034	verification form, prior to scholarship payment.
1035	(f)  Annually complete and submit to the department a
1036	notarized scholarship compliance statement certifying compliance
1037	with state laws relating to private school participation in the
1038	scholarship program.
1039	(g)  Demonstrate fiscal soundness and accountability by:
1040	1.  Being in operation for at least 3 school years or
1041	obtaining a surety bond or letter of credit for the amount equal
1042	to the scholarship funds for any quarter and filing the surety
1043	bond or letter of credit with the department.
1044	2.  Requiring the parent of each scholarship student to
1045	personally restrictively endorse the scholarship warrant to the
1046	school. The school may not act as attorney in fact for the
1047	parent of a scholarship student under the authority of a power
1048	of attorney executed by such parent, or under any other
1049	authority, to endorse scholarship warrants on behalf of such
1050	parent.
1051	(h)  Meet applicable state and local health, safety, and
1052	welfare laws, codes, and rules, including:
1053	1.  Fire safety.
1054	2.  Building safety.
1055	(i)  Employ or contract with teachers who hold
1056	baccalaureate or higher degrees, have at least 3 years of
1057	teaching experience in public or private schools, or have
1058	special skills, knowledge, or expertise that qualifies them to
1059	provide instruction in subjects taught.
1060	(j)  Require each individual with direct student contact
1061	with a scholarship student to be of good moral character, to be
1062	subject to the level 1 background screening as provided under
1063	chapter 435, to be denied employment or terminated if required
1064	under s. 435.06, and not to be ineligible to teach in a public
1065	school because his or her educator certificate is suspended or
1066	revoked. For purposes of this paragraph:
1067	1.  An "individual with direct student contact" means any
1068	individual who has unsupervised access to a scholarship student
1069	for whom the private school is responsible.
1070	2.  The costs of fingerprinting and the background check
1071	shall not be borne by the state.
1072	3.  Continued employment of an individual after
1073	notification that the individual has failed the level 1
1074	background screening shall cause a private school to be
1075	ineligible for participation in a scholarship program.
1076	4.  An individual holding a valid Florida teaching
1077	certificate who has been fingerprinted pursuant to s. 1012.32
1078	shall not be required to comply with the provisions of this
1079	paragraph.
1080	(3)  The inability of a private school to meet the
1081	requirements of this section shall constitute a basis for the
1082	ineligibility of the private school to participate in a
1083	scholarship program as determined by the department.
1084	(4)(a)  The State Board of Education shall adopt rules
1085	pursuant to ss. 120.536(1) and 120.54 to administer this
1086	section.
1087	(b)  The inclusion of eligible private schools within
1088	options available to Florida public school students does not
1089	expand the regulatory authority of the state, its officers, or
1090	any school district to impose any additional regulation of
1091	private schools beyond those reasonably necessary to enforce
1092	requirements expressly set forth in this section.
1093	Section 12.  Paragraph (b) of subsection (3) of section
1094	1003.01, Florida Statutes, is amended to read:
1095	1003.01  Definitions.--As used in this chapter, the term:
1096	(3)
1097	(b)  "Special education services" means specially designed
1098	instruction and such related services as are necessary for an
1099	exceptional student to benefit from education. Such services may
1100	include: transportation; diagnostic and evaluation services;
1101	social services; physical and occupational therapy; speech and
1102	language pathology services; job placement; orientation and
1103	mobility training; braillists, typists, and readers for the
1104	blind; interpreters and auditory amplification; rehabilitation
1105	counseling; transition services; mental health services;
1106	guidance and career counseling; specified materials, assistive
1107	technology devices, and other specialized equipment; and other
1108	such services as approved by rules of the state board.
1109	Section 13.  Paragraph (b) of subsection (2) of section
1110	1003.03, Florida Statutes, is amended to read:
1111	1003.03  Maximum class size.--
1112	(2)  IMPLEMENTATION.--
1113	(b)  Determination of the number of students per classroom
1114	in paragraph (a) shall be calculated as follows:
1115	1.  For fiscal years 2003-2004 through 2006-2007 2005-2006,
1116	the calculation for compliance for each of the 3 grade groupings
1117	shall be the average at the district level.
1118	2.  For fiscal year years 2006-2007 through 2007-2008, the
1119	calculation for compliance for each of the 3 grade groupings
1120	shall be the average at the school level.
1121	3.  For fiscal years 2008-2009, 2009-2010, and thereafter,
1122	the calculation for compliance shall be at the individual
1123	classroom level.
1124	Section 14.  Section 1003.035, Florida Statutes, is created
1125	to read:
1126	1003.035  District average class size requirements.--
1127	(1)  CONSTITUTIONAL CLASS SIZE REQUIREMENTS.--Pursuant to
1128	s. 1, Art. IX of the State Constitution, beginning in the
1129	2007-2008 school year:
1130	(a)  The district average number of students assigned to
1131	each teacher who is teaching core-curricula courses in public
1132	school classrooms for prekindergarten through grade 3 may not
1133	exceed 18 students.
1134	(b)  The district average number of students assigned to
1135	each teacher who is teaching core-curricula courses in public
1136	school classrooms for grades 4 through 8 may not exceed 22
1137	students.
1138	(c)  The district average number of students assigned to
1139	each teacher who is teaching core-curricula courses in public
1140	school classrooms for grades 9 through 12 may not exceed 25
1141	students.
1142
1143	However, in no event shall any such classroom exceed five
1144	students over the district average allowable maximum.
1145	(2)  IMPLEMENTATION.--
1146	(a)  Beginning with the 2006-2007 fiscal year, each school
1147	district that is not in compliance with the requirements in
1148	subsection (1) shall reduce the district average class size in
1149	each of the following grade groupings: prekindergarten through
1150	grade 3, grade 4 through grade 8, and grade 9 through grade 12,
1151	by at least two students each year until the district average
1152	class size does not exceed the requirements in subsection (1).
1153	(b)  The Department of Education shall annually calculate
1154	each school district's average class size for each of the grade
1155	groupings specified in paragraph (a) based upon the October
1156	student membership survey.
1157	(3)  IMPLEMENTATION OPTIONS.--District school boards must
1158	consider, but are not limited to, implementing the following
1159	items in order to meet the constitutional district average class
1160	size requirements described in subsection (1) and the two-
1161	student-per-year reduction required in subsection (2):
1162	(a)  Adopt policies to encourage qualified students to take
1163	dual enrollment courses.
1164	(b)  Adopt policies to encourage students to take courses
1165	from the Florida Virtual School.
1166	(c)1.  Repeal district school board policies that require
1167	students to have more than 24 credits to graduate from high
1168	school.
1169	2.  Adopt policies to allow students to graduate from high
1170	school as soon as they pass the grade 10 FCAT and complete the
1171	courses required for high school graduation.
1172	(d)  Use methods to maximize use of instructional staff,
1173	such as changing required teaching loads and scheduling of
1174	planning periods, deploying district employees that have
1175	professional certification to the classroom, using adjunct
1176	educators, or any other method not prohibited by law.
1177	(e)  Use innovative methods to reduce the cost of school
1178	construction by using prototype school designs, using SMART
1179	Schools designs, participating in the School Infrastructure
1180	Thrift Program, or any other method not prohibited by law.
1181	(f)  Use joint-use facilities through partnerships with
1182	community colleges, state universities, and private colleges and
1183	universities. Joint-use facilities available for use as K-12
1184	classrooms that do not meet the K-12 State Regulations for
1185	Educational Facilities in the Florida Building Code may be used
1186	at the discretion of the district school board provided that
1187	such facilities meet all other health, life, safety, and fire
1188	codes.
1189	(g)  Adopt alternative methods of class scheduling, such as
1190	block scheduling.
1191	(h)  Redraw school attendance zones to maximize use of
1192	facilities while minimizing the additional use of
1193	transportation.
1194	(i)  Operate schools beyond the normal operating hours to
1195	provide classes in the evening or operate more than one session
1196	of school during the day.
1197	(j)  Use year-round schools and other nontraditional
1198	calendars that do not adversely impact annual assessment of
1199	student achievement.
1200	(k)  Review and consider amending any collective bargaining
1201	contracts that hinder the implementation of class size
1202	reduction.
1203	(l)  Use any other approach not prohibited by law.
1204	(4)  ACCOUNTABILITY.--
1205	(a)  If the department determines for any year that a
1206	school district has not reduced average class size as required
1207	in subsection (2) at the time of the third FEFP calculation, the
1208	department shall calculate an amount from the class size
1209	reduction operating categorical which is proportionate to the
1210	amount of class size reduction not accomplished. Upon
1211	verification of the department's calculation by the Florida
1212	Education Finance Program Appropriation Allocation Conference,
1213	the Executive Office of the Governor shall transfer
1214	undistributed funds equivalent to the calculated amount from the
1215	district's class size reduction operating categorical to an
1216	approved fixed capital outlay appropriation for class size
1217	reduction in the affected district pursuant to s. 216.292(13).
1218	The amount of funds transferred shall be the lesser of the
1219	amount verified by the Florida Education Finance Program
1220	Appropriation Allocation Conference or the undistributed balance
1221	of the district's class size reduction operating categorical.
1222	However, based upon a recommendation by the Commissioner of
1223	Education that the State Board of Education has reviewed
1224	evidence indicating that a district has been unable to meet
1225	class size reduction requirements despite appropriate effort to
1226	do so, the Legislative Budget Commission may approve an
1227	alternative amount of funds to be transferred from the
1228	district's class size reduction operating categorical to its
1229	approved fixed capital outlay account for class size reduction.
1230	(b)  Beginning in the 2007-2008 school year, the department
1231	shall determine by January 15 of each year which districts do
1232	not meet the requirements of subsection (1) based upon the
1233	district's October student membership survey for the current
1234	school year. The department shall report such districts to the
1235	Legislature. Each district that has not met the requirements of
1236	subsection (1) shall be required to implement one of the
1237	following policies in the subsequent school year unless the
1238	department finds that the district comes into compliance based
1239	upon the February student membership survey:
1240	1.  Year-round schools;
1241	2.  Double sessions;
1242	3.  Rezoning; or
1243	4.  Maximizing use of instructional staff by changing
1244	required teacher loads and scheduling of planning periods,
1245	deploying school district employees who have professional
1246	certification to the classroom, using adjunct educators,
1247	operating schools beyond the normal operating hours to provide
1248	classes in the evening, or operating more than one session
1249	during the day.
1250
1251	A school district that is required to implement one of the
1252	policies outlined in subparagraphs 1. through 4. shall correct
1253	in the year of implementation any past deficiencies and bring
1254	the district into compliance with the requirements of subsection
1255	(1). A school district may choose to implement more than one of
1256	these policies. The district school superintendent shall report
1257	to the Commissioner of Education the extent to which the
1258	district implemented any of the policies outlined in
1259	subparagraphs 1. through 4. in a format to be specified by the
1260	Commissioner of Education. The Department of Education shall use
1261	the enforcement authority provided in s. 1008.32 to ensure that
1262	districts comply with the provisions of this paragraph.
1263	(c)  Beginning in the 2008-2009 school year, the department
1264	shall annually determine which districts do not meet the
1265	requirements described in subsection (1) based upon the October
1266	student membership survey. In addition to enforcement authority
1267	provided in s. 1008.32, the Department of Education shall
1268	develop a constitutional compliance plan for each such district
1269	which includes, but is not limited to, redrawing school
1270	attendance zones to maximize use of facilities while minimizing
1271	the additional use of transportation and the other
1272	accountability policies listed in paragraph (b). Each district
1273	school board shall implement the constitutional compliance plan
1274	developed by the state board in the subsequent school year until
1275	the district complies with the constitutional district average
1276	class size requirements.
1277	Section 15.  Subsection (3) of section 1003.05, Florida
1278	Statutes, is amended to read:
1279	1003.05  Assistance to transitioning students from military
1280	families.--
1281	(3)  Dependent children of active duty military personnel
1282	who otherwise meet the eligibility criteria for special academic
1283	programs offered through public schools shall be given first
1284	preference for admission to such programs even if the program is
1285	being offered through a public school other than the school to
1286	which the student would generally be assigned and the school at
1287	which the program is being offered has reached its maximum
1288	enrollment. If such a program is offered through a public school
1289	other than the school to which the student would generally be
1290	assigned, the parent or guardian of the student must assume
1291	responsibility for transporting the student to that school. For
1292	purposes of this subsection, special academic programs include
1293	charter schools, magnet schools, advanced studies programs,
1294	advanced placement, dual enrollment, and International
1295	Baccalaureate.
1296	Section 16.  Section 1003.413, Florida Statutes, is created
1297	to read:
1298	1003.413  High school reform.--
1299	(1)  Beginning with the 2005-2006 school year, each school
1300	district shall establish policies to assist high school students
1301	to remain in school, graduate on time, and be prepared for
1302	postsecondary education and the workforce. Such policies must
1303	address:
1304	(a)  Intensive reading remediation for students in grades 9
1305	through 12 scoring below Level 3 on FCAT Reading, pursuant to
1306	the reading instruction plan required by s. 1011.62(8).
1307	(b)  Credit recovery options and course scheduling designed
1308	to allow high school students to earn credit for failed courses
1309	so that they are able to graduate on time.
1310	(c)  Immediate and frequent notification to parents of
1311	students who are in danger of not graduating from high school.
1312	(d)  Placement in alternative programs, such as programs
1313	that emphasize applied integrated curricula, small learning
1314	communities, support services, increased discipline, or other
1315	strategies documented to improve student achievement.
1316	(e)  Summer reading institutes for rising ninth graders
1317	scoring below Level 3 on FCAT Reading, pursuant to the reading
1318	instruction plan required by s. 1011.62(8).
1319
1320	A student's participation in an instructional or remediation
1321	program prior to or immediately following entering grade 9 for
1322	the first time shall not affect that student's classification as
1323	a first-time ninth grader for reporting purposes, including
1324	calculation of graduation and dropout rates.
1325	(2)  The Commissioner of Education shall create and
1326	implement the Challenge High School Recognition Program to
1327	reward public high schools that demonstrate continuous academic
1328	improvement and show the greatest gains in student academic
1329	achievement in reading and mathematics.
1330	Section 17.  High School Reform Task Force.--
1331	(1)  There is created the High School Reform Task Force.
1332	The task force shall work in conjunction with the Southern
1333	Regional Education Board and the International Center for
1334	Leadership in Education and shall be administratively supported
1335	by the office of the Chancellor for K-12 Public Schools in the
1336	Department of Education and the Just Read, Florida! Office.
1337	Appointments to the task force shall be coordinated to ensure
1338	that the membership reflects the geographic and cultural
1339	diversity of Florida's school age population. The task force
1340	shall be abolished upon submission of its recommendations.
1341	(2)(a)  The Governor shall appoint members of the task
1342	force from the following categories and shall appoint the chair
1343	of the task force from its membership:
1344	1.  Two representatives of public school districts, who may
1345	be principals, district school board members, or school
1346	superintendents, at least one of whom works in or with a school
1347	with a school grade of "F."
1348	2.  One high school teacher who teaches in a high school
1349	with a school grade of "F."
1350	3.  Two parents of high school students scoring at Level 1
1351	on FCAT Reading, at least one whom has a child enrolled in a
1352	school with a school grade of "F."
1353	4.  One high school student.
1354	5.  One teacher or administrator from a charter high
1355	school.
1356	6.  Two private school teachers or administrators from any
1357	registered Florida private school with students in grades 9-12
1358	regardless of whether the school is nonsectarian, sectarian, not
1359	for profit, or for profit.
1360	7.  One representative of the business community.
1361	(b)  The Speaker of the House of Representatives shall
1362	appoint one member of the House of Representatives to serve on
1363	the task force and the President of the Senate shall appoint one
1364	member of the Senate to serve on the task force.
1365	(3)  Not later than January 1, 2006, the task force shall
1366	vote to recommend to the Speaker of the House of
1367	Representatives, the President of the Senate, and the Governor a
1368	long-term plan for revisions to statutes, rules, and policies
1369	that will improve Florida's grade 9 retention rate, graduation
1370	rate, dropout rate, and college remediation rate and align high
1371	school requirements with the needs of Florida's employers and
1372	postsecondary educational institution requirements. The plan
1373	must be programmatically and fiscally responsible, feasible, and
1374	implementable. The plan must address, but is not limited to
1375	addressing: graduation requirements; effective use of
1376	accelerated high school graduation options pursuant to s.
1377	1003.429; course redesign; remediation strategies; credit
1378	recovery; use of alternative programs, including programs that
1379	emphasize applied integrated curricula, small learning
1380	communities, support services, or increased discipline; use of
1381	technology; adjustments to the school grading system to reflect
1382	learning gains by high school students; middle school systemic
1383	alignment; transition from middle school to high school;
1384	alignment with postsecondary and workforce education
1385	requirements; and alignment with employer expectations.
1386	Section 18.  Section 1003.415, Florida Statutes, is amended
1387	to read:
1388	1003.415  The Middle Grades Reform Act.--
1389	(1)  POPULAR NAME.--This section shall be known by the
1390	popular name the "Middle Grades Reform Act."
1391	(2)  PURPOSE AND INTENT.--
1392	(a)  The purpose of this section is to provide added focus
1393	and rigor to academics in the middle grades. Using reading as
1394	the foundation, all middle grade students should receive
1395	rigorous academic instruction through challenging curricula
1396	delivered by highly qualified teachers in schools with
1397	outstanding leadership, which schools are supported by engaged
1398	and informed parents.
1399	(b)  It is the intent of the Legislature that students
1400	promoted from the eighth grade will have the necessary reading
1401	and mathematics skills to be ready for success in high school.
1402	The mission of middle grades is to prepare students to graduate
1403	from high school.
1404	(3)  DEFINITION.--As used in this section, the term "middle
1405	grades" means grades 6, 7, and 8.
1406	(4)  CURRICULA AND COURSES.--The Department of Education
1407	shall review course offerings, teacher qualifications,
1408	instructional materials, and teaching practices used in reading
1409	and language arts programs in the middle grades. The department
1410	must consult with the Florida Center for Reading Research at
1411	Florida State University, the Just Read, Florida! Office,
1412	reading researchers, reading specialists, and district
1413	supervisors of curriculum in the development of findings and
1414	recommendations. The Commissioner of Education shall make
1415	recommendations to the State Board of Education regarding
1416	changes to reading and language arts curricula in the middle
1417	grades based on research-based proven effective programs. The
1418	State Board of Education shall adopt rules based upon the
1419	commissioner's recommendations no later than March 1, 2005.
1420	Implementation of new or revised reading and language arts
1421	courses in all middle grades shall be phased in beginning no
1422	later than the 2005-2006 school year with completion no later
1423	than the 2008-2009 school year.
1424	(5)  RIGOROUS READING REQUIREMENT.--
1425	(a)  Beginning with the 2004-2005 school year, each public
1426	school serving middle grade students, including charter schools,
1427	with fewer than 75 percent of its students reading at or above
1428	grade level in grade 6, grade 7, or grade 8 as measured by a
1429	student scoring at Level 3 or above on the FCAT during the prior
1430	school year, must incorporate by October 1 a rigorous reading
1431	requirement for reading and language arts programs as the
1432	primary component of its school improvement plan. The department
1433	shall annually provide to each district school board by June 30
1434	a list of its schools that are required to incorporate a
1435	rigorous reading requirement as the primary component of the
1436	school's improvement plan. The department shall provide
1437	technical assistance to school districts and school
1438	administrators required to implement the rigorous reading
1439	requirement.
1440	(b)  The purpose of the rigorous reading requirement is to
1441	assist each student who is not reading at or above grade level
1442	to do so before entering high school. The rigorous reading
1443	requirement must include for a middle school's low-performing
1444	student population specific areas that address phonemic
1445	awareness, phonics, fluency, comprehension, and vocabulary; the
1446	desired levels of performance in those areas; and the
1447	instructional and support services to be provided to meet the
1448	desired levels of performance. The school shall use research-
1449	based reading activities that have been shown to be successful
1450	in teaching reading to low-performing students.
1451	(c)  Schools required to implement the rigorous reading
1452	requirement must provide quarterly reports to the district
1453	school superintendent on the progress of students toward
1454	increased reading achievement.
1455	(d)  The results of implementation of a school's rigorous
1456	reading requirement shall be used as part of the annual
1457	evaluation of the school's instructional personnel and school
1458	administrators as required in s. 1012.34.
1459	(6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC PERFORMANCE
1460	OF STUDENTS AND SCHOOLS.--
1461	(a)  The department shall conduct a study on how the
1462	overall academic performance of middle grade students and
1463	schools can be improved. The department must consult with the
1464	Florida Center for Reading Research at Florida State University,
1465	the Just Read, Florida! Office, and key education stakeholders,
1466	including district school board members, district school
1467	superintendents, principals, parents, teachers, district
1468	supervisors of curriculum, and students across the state, in the
1469	development of its findings and recommendations. The department
1470	shall review, at a minimum, each of the following elements:
1471	1.  Academic expectations, which include, but are not
1472	limited to:
1473	a.  Alignment of middle school expectations with elementary
1474	and high school graduation requirements.
1475	b.  Best practices to improve reading and language arts
1476	courses based on research-based programs for middle school
1477	students in alignment with the Sunshine State Standards.
1478	c.  Strategies that focus on improving academic success for
1479	low-performing students.
1480	d.  Rigor of curricula and courses.
1481	e.  Instructional materials.
1482	f.  Course enrollment by middle school students.
1483	g.  Student support services.
1484	h.  Measurement and reporting of student achievement.
1485	2.  Attendance policies and student mobility issues.
1486	3.  Teacher quality, which includes, but is not limited to:
1487	a.  Preparedness of teachers to teach rigorous courses to
1488	middle school students.
1489	b.  Teacher evaluations.
1490	c.  Substitute teachers.
1491	d.  Certification and recertification requirements.
1492	e.  Staff development requirements.
1493	f.  Availability of effective staff development training.
1494	g.  Teacher recruitment and vacancy issues.
1495	h.  Federal requirements for highly qualified teachers
1496	pursuant to the No Child Left Behind Act of 2001.
1497	4.  Identification and availability of diagnostic testing.
1498	5.  Availability of personnel and scheduling issues.
1499	6.  Middle school leadership and performance.
1500	7.  Parental and community involvement.
1501	(b)  By December 1, 2004, the Commissioner of Education
1502	shall submit to the President of the Senate, the Speaker of the
1503	House of Representatives, the chairs of the education committees
1504	in the Senate and the House of Representatives, and the State
1505	Board of Education recommendations to increase the academic
1506	performance of middle grade students and schools.
1507	(5)(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
1508	(a)  Beginning with the 2004-2005 school year, Each
1509	principal of a school with a middle grade shall designate
1510	certified staff members at the school to develop and administer
1511	a personalized middle school success plan for each entering
1512	sixth grade student who scored below Level 3 in reading on the
1513	most recently administered FCAT. The purpose of the success plan
1514	is to assist the student in meeting state and school district
1515	expectations in academic proficiency and to prepare the student
1516	for a rigorous high school curriculum. The success plan shall be
1517	developed in collaboration with the student and his or her
1518	parent and must be implemented until the student completes the
1519	eighth grade or achieves a score at Level 3 or above in reading
1520	on the FCAT, whichever occurs first. The success plan must
1521	minimize paperwork and may be incorporated into a parent/teacher
1522	conference, included as part of a progress report or report
1523	card, included as part of a general orientation at the beginning
1524	of the school year, or provided by electronic mail or other
1525	written correspondence.
1526	(b)  The personalized middle school success plan must:
1527	1.  Identify educational goals and intermediate benchmarks
1528	for the student in the core curriculum areas which will prepare
1529	the student for high school.
1530	2.  Be based upon academic performance data and an
1531	identification of the student's strengths and weaknesses.
1532	3.  Include academic intervention strategies with frequent
1533	progress monitoring.
1534	4.  Provide innovative methods to promote the student's
1535	advancement which may include, but not be limited to, flexible
1536	scheduling, tutoring, focus on core curricula, online
1537	instruction, an alternative learning environment, or other
1538	interventions that have been shown to accelerate the learning
1539	process.
1540	(c)  The personalized middle school success plan must be
1541	incorporated into any individual student plan required by
1542	federal or state law, including the academic improvement plan
1543	required in s. 1008.25, an individual education plan (IEP) for a
1544	student with disabilities, a federal 504 plan, or an ESOL plan.
1545	(d)  The Department of Education shall provide technical
1546	assistance for districts, school administrators, and
1547	instructional personnel regarding the development of
1548	personalized middle school success plans. The assistance shall
1549	include strategies and techniques designed to maximize
1550	interaction between students, parents, teachers, and other
1551	instructional and administrative staff while minimizing
1552	paperwork.
1553	(6)(8)  STATE BOARD OF EDUCATION AUTHORITY.--
1554	(a)  The State Board of Education shall have authority to
1555	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
1556	the provisions of this section.
1557	(b)  The State Board of Education shall have authority
1558	pursuant to s. 1008.32 to enforce the provisions of this
1559	section.
1560	Section 19.  Section 1003.4155, Florida Statutes, is
1561	created to read:
1562	1003.4155  Middle school grading system.--The grading
1563	system and interpretation of letter grades used in grades 6
1564	through 8 shall be as follows:
1565	(1)  Grade "A" equals 90 percent through 100 percent, has a
1566	grade point average value of 4, and is defined as "outstanding
1567	progress."
1568	(2)  Grade "B" equals 80 percent through 89 percent, has a
1569	grade point average value of 3, and is defined as "above average
1570	progress."
1571	(3)  Grade "C" equals 70 percent through 79 percent, has a
1572	grade point average value of 2, and is defined as "average
1573	progress."
1574	(4)  Grade "D" equals 60 percent through 69 percent, has a
1575	grade point average value of 1, and is defined as "lowest
1576	acceptable progress."
1577	(5)  Grade "F" equals zero percent through 59 percent, has
1578	a grade point average value of zero, and is defined as
1579	"failure."
1580	(6)  Grade "I" equals zero percent, has a grade point
1581	average value of zero, and is defined as "incomplete."
1582	Section 20.  Section 1003.4156, Florida Statutes, is
1583	created to read:
1584	1003.4156  General requirements for middle school
1585	promotion.--
1586	(1)  Beginning with students entering grade 6 in the 2005-
1587	2006 school year, promotion from a middle school with grades 6
1588	through 8 requires that:
1589	(a)  A student must successfully complete 12 academic
1590	credits as follows:
1591	1.  Three middle school or higher credits in
1592	English/language arts.
1593	2.  Three middle school or higher credits in mathematics.
1594	3.  Two middle school or higher credits in social studies.
1595	4.  Two middle school or higher credits in science.
1596	5.  Two middle school or higher credits in elective
1597	courses.
1598	(b)  For each year in which a student scores at Level 1 or
1599	Level 2 on FCAT Reading, the student must the following year be
1600	enrolled in and complete a full-year intensive reading course
1601	for which the student may earn up to one elective credit per
1602	year. Students scoring at Level 3 or Level 4 on FCAT Reading may
1603	be enrolled, with parental permission, in a full-year intensive
1604	reading course for which the student may earn up to two elective
1605	credits during middle school. Reading courses shall be designed
1606	and offered pursuant to the reading instruction plan required by
1607	s. 1011.62(8).
1608	(2)  One full credit means a minimum of 135 hours of
1609	instruction in a designated course of study that contains
1610	student performance standards. For schools authorized by the
1611	district school board to implement block scheduling, one full
1612	credit means a minimum of 120 hours of instruction in a
1613	designated course of study that contains student performance
1614	standards.
1615	(3)  District school boards shall establish policies to
1616	implement the requirements of this section. The policies may
1617	allow alternative methods for students to earn the credits
1618	required by this section. School districts shall emphasize
1619	alternative programs for students scoring at Level 1 on FCAT
1620	Reading who have been retained in elementary school. The
1621	alternatives may include, but are not limited to, opportunities
1622	for students to:
1623	(a)  Recover credits.
1624	(b)  Be promoted on time to high school.
1625	(c)  Be placed in programs that emphasize applied
1626	integrated curricula, small learning communities, support
1627	services, increased discipline, or other strategies documented
1628	to improve student achievement.
1629
1630	The school district's policy shall be submitted to the State
1631	Board of Education for approval. The school district's policy
1632	shall be automatically approved unless specifically rejected by
1633	the State Board of Education within 60 days after receipt.
1634	(4)  The State Board of Education shall adopt rules
1635	pursuant to ss. 120.536(1) and 120.54 to provide for alternative
1636	middle school promotion standards for students in grade 6, grade
1637	7, or grade 8, including students who are not enrolled in
1638	schools with a grade 6 through 8 middle school configuration.
1639	Section 21.  Subsection (2) of section 1003.42, Florida
1640	Statutes, is amended to read:
1641	1003.42  Required instruction.--
1642	(2)  All members of the instructional staff of the public
1643	schools, subject to the rules of the State Board of Education
1644	and the district school board, shall teach efficiently and
1645	faithfully, using the books and materials required that meet the
1646	highest standards for professionalism and historic accuracy,
1647	following the prescribed courses of study, and employing
1648	approved methods of instruction, the following:
1649	(a)  The history and content of the Declaration of
1650	Independence as written, including national sovereignty, natural
1651	law, self-evident truth, equality of all persons, limited
1652	government, popular sovereignty, and God-given, inalienable
1653	rights of life, liberty, and property, and how they form it
1654	forms the philosophical foundation of our government.
1655	(b)  The history, meaning, significance, and effect of the
1656	provisions of the Constitution of the United States and
1657	amendments thereto with emphasis on each of the 10 amendments
1658	that make up the Bill of Rights and how the Constitution
1659	provides the structure of our government.
1660	(c)  The history of the state and the State Constitution.
1661	(d)(b)  The most important arguments in support of adopting
1662	our republican form of government, as they are embodied in the
1663	most important of the Federalist Papers.
1664	(c)  The essentials of the United States Constitution and
1665	how it provides the structure of our government.
1666	(e)(d)  Flag education, including proper flag display and
1667	flag salute.
1668	(f)(e)  The elements of United States civil government,
1669	including the primary functions of and interrelationships
1670	between the Federal Government, the state, and its counties,
1671	municipalities, school districts, and special districts.
1672	(g)  The history of the United States, including the period
1673	of discovery, early colonies, the War for Independence, the
1674	Civil War, Reconstruction, the expansion of the United States to
1675	its present boundaries, the world wars, and the Civil Rights
1676	Movement to the present. The history of the United States shall
1677	be taught as genuine history and shall not follow the
1678	revisionist or postmodernist viewpoints of relative truth.
1679	American history shall be viewed as factual, not as constructed,
1680	shall be viewed as knowable, teachable, and testable, and shall
1681	be defined as the creation of a new nation based largely on the
1682	universal principles stated in the Declaration of Independence.
1683	(h)(f)  The history of the Holocaust (1933-1945), the
1684	systematic, planned annihilation of European Jews and other
1685	groups by Nazi Germany, a watershed event in the history of
1686	humanity, to be taught in a manner that leads to an
1687	investigation of human behavior, an understanding of the
1688	ramifications of prejudice, racism, and stereotyping, and an
1689	examination of what it means to be a responsible and respectful
1690	person, for the purposes of encouraging tolerance of diversity
1691	in a pluralistic society and for nurturing and protecting
1692	democratic values and institutions.
1693	(i)(g)  The history of African Americans, including the
1694	history of African peoples before the political conflicts that
1695	led to the development of slavery, the passage to America, the
1696	enslavement experience, abolition, and the contributions of
1697	African Americans to society.
1698	(j)(h)  The elementary principles of agriculture.
1699	(k)(i)  The true effects of all alcoholic and intoxicating
1700	liquors and beverages and narcotics upon the human body and
1701	mind.
1702	(l)(j)  Kindness to animals.
1703	(k)  The history of the state.
1704	(m)(l)  The conservation of natural resources.
1705	(n)(m)  Comprehensive health education that addresses
1706	concepts of community health; consumer health; environmental
1707	health; family life, including an awareness of the benefits of
1708	sexual abstinence as the expected standard and the consequences
1709	of teenage pregnancy; mental and emotional health; injury
1710	prevention and safety; nutrition; personal health; prevention
1711	and control of disease; and substance use and abuse.
1712	(o)(n)  Such additional materials, subjects, courses, or
1713	fields in such grades as are prescribed by law or by rules of
1714	the State Board of Education and the district school board in
1715	fulfilling the requirements of law.
1716	(p)(o)  The study of Hispanic contributions to the United
1717	States.
1718	(q)(p)  The study of women's contributions to the United
1719	States.
1720	(r)  The nature and importance of free enterprise to the
1721	United States economy.
1722	(s)(q)  A character-development program in the elementary
1723	schools, similar to Character First or Character Counts, which
1724	is secular in nature and stresses such character qualities as
1725	attentiveness, patience, and initiative. Beginning in school
1726	year 2004-2005, the character-development program shall be
1727	required in kindergarten through grade 12. Each district school
1728	board shall develop or adopt a curriculum for the character-
1729	development program that shall be submitted to the department
1730	for approval. The character-development curriculum shall stress
1731	the qualities of patriotism;, responsibility;, citizenship; the
1732	Golden Rule;, kindness;, respect for authority, human life,
1733	liberty, and personal property;, honesty; charity;, self-
1734	control;, racial, ethnic, and religious tolerance;, and
1735	cooperation.
1736	(t)(r)  In order to encourage patriotism, the sacrifices
1737	that veterans have made in serving our country and protecting
1738	democratic values worldwide. Such instruction must occur on or
1739	before Veterans' Day and Memorial Day. Members of the
1740	instructional staff are encouraged to use the assistance of
1741	local veterans when practicable.
1742	Section 22.  Paragraph (g) of subsection (1) of section
1743	1003.43, Florida Statutes, is amended to read:
1744	1003.43  General requirements for high school graduation.--
1745	(1)  Graduation requires successful completion of either a
1746	minimum of 24 academic credits in grades 9 through 12 or an
1747	International Baccalaureate curriculum. The 24 credits shall be
1748	distributed as follows:
1749	(g)  One-half credit in American government, including
1750	study of the Declaration of Independence and the Constitution of
1751	the United States. For students entering the 9th grade in the
1752	1997-1998 school year and thereafter, the study of Florida
1753	government, including study of the State Constitution, the three
1754	branches of state government, and municipal and county
1755	government, shall be included as part of the required study of
1756	American government.
1757
1758	District school boards may award a maximum of one-half credit in
1759	social studies and one-half elective credit for student
1760	completion of nonpaid voluntary community or school service
1761	work. Students choosing this option must complete a minimum of
1762	75 hours of service in order to earn the one-half credit in
1763	either category of instruction. Credit may not be earned for
1764	service provided as a result of court action. District school
1765	boards that approve the award of credit for student volunteer
1766	service shall develop guidelines regarding the award of the
1767	credit, and school principals are responsible for approving
1768	specific volunteer activities. A course designated in the Course
1769	Code Directory as grade 9 through grade 12 that is taken below
1770	the 9th grade may be used to satisfy high school graduation
1771	requirements or Florida Academic Scholars award requirements as
1772	specified in a district school board's student progression plan.
1773	A student shall be granted credit toward meeting the
1774	requirements of this subsection for equivalent courses, as
1775	identified pursuant to s. 1007.271(6), taken through dual
1776	enrollment.
1777	Section 23.  Section 1003.57, Florida Statutes, is amended
1778	to read:
1779	1003.57  Exceptional students instruction.--
1780	(1)  Each district school board shall provide for an
1781	appropriate program of special instruction, facilities, and
1782	services for exceptional students as prescribed by the State
1783	Board of Education as acceptable, including provisions that:
1784	(a)(1)  The district school board provide the necessary
1785	professional services for diagnosis and evaluation of
1786	exceptional students.
1787	(b)(2)  The district school board provide the special
1788	instruction, classes, and services, either within the district
1789	school system, in cooperation with other district school
1790	systems, or through contractual arrangements with approved
1791	private schools or community facilities that meet standards
1792	established by the commissioner.
1793	(c)(3)  The district school board annually provide
1794	information describing the Florida School for the Deaf and the
1795	Blind and all other programs and methods of instruction
1796	available to the parent of a sensory-impaired student.
1797	(d)(4)  The district school board, once every 3 years,
1798	submit to the department its proposed procedures for the
1799	provision of special instruction and services for exceptional
1800	students.
1801	(e)(5)  No student be given special instruction or services
1802	as an exceptional student until after he or she has been
1803	properly evaluated, classified, and placed in the manner
1804	prescribed by rules of the State Board of Education. The parent
1805	of an exceptional student evaluated and placed or denied
1806	placement in a program of special education shall be notified of
1807	each such evaluation and placement or denial. Such notice shall
1808	contain a statement informing the parent that he or she is
1809	entitled to a due process hearing on the identification,
1810	evaluation, and placement, or lack thereof. Such hearings shall
1811	be exempt from the provisions of ss. 120.569, 120.57, and
1812	286.011, except to the extent that the State Board of Education
1813	adopts rules establishing other procedures and any records
1814	created as a result of such hearings shall be confidential and
1815	exempt from the provisions of s. 119.07(1). The hearing must be
1816	conducted by an administrative law judge from the Division of
1817	Administrative Hearings of the Department of Management
1818	Services. The decision of the administrative law judge shall be
1819	final, except that any party aggrieved by the finding and
1820	decision rendered by the administrative law judge shall have the
1821	right to bring a civil action in the circuit court. In such an
1822	action, the court shall receive the records of the
1823	administrative hearing and shall hear additional evidence at the
1824	request of either party. In the alternative, any party aggrieved
1825	by the finding and decision rendered by the administrative law
1826	judge shall have the right to request an impartial review of the
1827	administrative law judge's order by the district court of appeal
1828	as provided by s. 120.68. Notwithstanding any law to the
1829	contrary, during the pendency of any proceeding conducted
1830	pursuant to this section, unless the district school board and
1831	the parents otherwise agree, the student shall remain in his or
1832	her then-current educational assignment or, if applying for
1833	initial admission to a public school, shall be assigned, with
1834	the consent of the parents, in the public school program until
1835	all such proceedings have been completed.
1836	(f)(6)  In providing for the education of exceptional
1837	students, the district school superintendent, principals, and
1838	teachers shall utilize the regular school facilities and adapt
1839	them to the needs of exceptional students to the maximum extent
1840	appropriate. Segregation of exceptional students shall occur
1841	only if the nature or severity of the exceptionality is such
1842	that education in regular classes with the use of supplementary
1843	aids and services cannot be achieved satisfactorily.
1844	(g)(7)  In addition to the services agreed to in a
1845	student's individual education plan, the district school
1846	superintendent shall fully inform the parent of a student having
1847	a physical or developmental disability of all available services
1848	that are appropriate for the student's disability. The
1849	superintendent shall provide the student's parent with a summary
1850	of the student's rights.
1851	(2)(a)  An exceptional student with a disability who
1852	resides in a residential facility and receives special
1853	instruction or services is considered a resident of the state in
1854	which the parent is a resident. The cost of such instruction,
1855	facilities, and services for a nonresident exceptional student
1856	with a disability shall be provided by the placing authority,
1857	such as a public school entity, other placing authority, or
1858	parent, in the parent's state of residence. A nonresident
1859	exceptional student with a disability who resides in a
1860	residential facility may not be reported by any school district
1861	for FTE funding in the Florida Education Finance Program.
1862	(b)  The Department of Education shall provide to each
1863	school district a statement of the specific limitations of the
1864	district's financial obligation for exceptional students with
1865	disabilities under federal and state law. The department shall
1866	also provide to each school district technical assistance as
1867	necessary for developing a local plan to impose on a parent's
1868	state of residence the fiscal responsibility for educating a
1869	nonresident exceptional student with a disability.
1870	(c)  The Department of Education shall develop a process by
1871	which a school district must, before providing services to an
1872	exceptional student with a disability who resides in a
1873	residential facility in this state, review the residency of the
1874	student. The residential facility, not the district, is
1875	responsible for billing and collecting from the parent's state
1876	of residence for the nonresident student's educational and
1877	related services.
1878	(d)  This subsection applies to any nonresident exceptional
1879	student with a disability who resides in a residential facility
1880	and who receives instruction as an exceptional student with a
1881	disability in any type of residential facility in this state,
1882	including, but not limited to, a private school, a group home
1883	facility as defined in s. 393.063, an intensive residential
1884	treatment program for children and adolescents as defined in s.
1885	395.002, a facility as defined in s. 394.455, an intermediate
1886	care facility for the developmentally disabled or ICF/DD as
1887	defined in s. 393.063 or s. 400.960, or a community residential
1888	home as defined in s. 419.001.
1889	(3)  Notwithstanding s. 1000.21(5), for purposes of this
1890	section, the term "parent" is defined as either or both parents
1891	of a student or any guardian of a student.
1892	(4)  The State Board of Education may adopt rules pursuant
1893	to ss. 120.536(1) and 120.54 to implement the provisions of this
1894	section relating to determination of the residency of an
1895	exceptional student with a disability.
1896	Section 24.  Section 1003.575, Florida Statutes, is created
1897	to read:
1898	1003.575  Individual education plans for exceptional
1899	students.--The Department of Education shall coordinate the
1900	development of an individual education plan (IEP) form for use
1901	in developing and implementing individual education plans for
1902	exceptional students. The IEP form shall have a streamlined
1903	format and shall be compatible with federal standards. The
1904	department shall make the IEP form available to each school
1905	district in the state to facilitate the use of an existing IEP
1906	when a student transfers from one school district to another.
1907	Section 25.  Subsection (3) of section 1003.58, Florida
1908	Statutes, is amended to read:
1909	1003.58  Students in residential care facilities.--Each
1910	district school board shall provide educational programs
1911	according to rules of the State Board of Education to students
1912	who reside in residential care facilities operated by the
1913	Department of Children and Family Services.
1914	(3)  The district school board shall have full and complete
1915	authority in the matter of the assignment and placement of such
1916	students in educational programs. The parent of an exceptional
1917	student shall have the same due process rights as are provided
1918	under s. 1003.57(1)(e)(5).
1919
1920	Notwithstanding the provisions herein, the educational program
1921	at the Marianna Sunland Center in Jackson County shall be
1922	operated by the Department of Education, either directly or
1923	through grants or contractual agreements with other public or
1924	duly accredited educational agencies approved by the Department
1925	of Education.
1926	Section 26.  Paragraph (a) of subsection (1) and paragraph
1927	(a) of subsection (2) of section 1003.62, Florida Statutes, are
1928	amended to read:
1929	1003.62  Academic performance-based charter school
1930	districts.--The State Board of Education may enter into a
1931	performance contract with district school boards as authorized
1932	in this section for the purpose of establishing them as academic
1933	performance-based charter school districts. The purpose of this
1934	section is to examine a new relationship between the State Board
1935	of Education and district school boards that will produce
1936	significant improvements in student achievement, while complying
1937	with constitutional and statutory requirements assigned to each
1938	entity.
1939	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1940	(a)  A school district shall be eligible for designation as
1941	an academic performance-based charter school district if it is a
1942	high-performing school district in which a minimum of 50 percent
1943	of the schools earn a performance grade of category "A" or "B"
1944	and in which no school earns a performance grade of category "D"
1945	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1946	that receive a performance grade of category "I" or "N" shall
1947	not be included in this calculation. The performance contract
1948	for a school district that earns a charter based on school
1949	performance grades shall be predicated on maintenance of at
1950	least 50 percent of the schools in the school district earning a
1951	performance grade of category "A" or "B" with no school in the
1952	school district earning a performance grade of category "D" or
1953	"F" for 2 consecutive years. A school district in which the
1954	number of schools that earn a performance grade of "A" or "B" is
1955	less than 50 percent may have its charter renewed for 1 year;
1956	however, if the percentage of "A" or "B" schools is less than 50
1957	percent for 2 consecutive years, the charter shall not be
1958	renewed.
1959	(2)  EXEMPTION FROM STATUTES AND RULES.--
1960	(a)  An academic performance-based charter school district
1961	shall operate in accordance with its charter and shall be exempt
1962	from certain State Board of Education rules and statutes if the
1963	State Board of Education determines such an exemption will
1964	assist the district in maintaining or improving its high-
1965	performing status pursuant to paragraph (1)(a). However, the
1966	State Board of Education may not exempt an academic performance-
1967	based charter school district from any of the following
1968	statutes:
1969	1.  Those statutes pertaining to the provision of services
1970	to students with disabilities.
1971	2.  Those statutes pertaining to civil rights, including s.
1972	1000.05, relating to discrimination.
1973	3.  Those statutes pertaining to student health, safety,
1974	and welfare.
1975	4.  Those statutes governing the election or compensation
1976	of district school board members.
1977	5.  Those statutes pertaining to the student assessment
1978	program and the school grading system, including chapter 1008.
1979	6.  Those statutes pertaining to financial matters,
1980	including chapter 1010.
1981	7.  Those statutes pertaining to planning and budgeting,
1982	including chapter 1011, except that ss. 1011.64 and 1011.69
1983	shall be eligible for exemption.
1984	8.  Sections 1012.22(1)(c), 1012.2312, and 1012.27(2),
1985	relating to performance-pay and differentiated-pay policies for
1986	school administrators and instructional personnel. Professional
1987	service contracts shall be subject to the provisions of ss.
1988	1012.33 and 1012.34.
1989	9.  Those statutes pertaining to educational facilities,
1990	including chapter 1013, except as specified under contract with
1991	the State Board of Education. However, no contractual provision
1992	that could have the effect of requiring the appropriation of
1993	additional capital outlay funds to the academic performance-
1994	based charter school district shall be valid.
1995	Section 27.  Paragraph (e) of subsection (2) of section
1996	1005.22, Florida Statutes, is amended to read:
1997	1005.22  Powers and duties of commission.--
1998	(2)  The commission may:
1999	(e)  Advise the Governor, the Legislature, the State Board
2000	of Education, the Council for Education Policy Research and
2001	Improvement, and the Commissioner of Education on issues
2002	relating to private postsecondary education.
2003	Section 28.  Subsection (3) of section 1007.33, Florida
2004	Statutes, is amended to read:
2005	1007.33  Site-determined baccalaureate degree access.--
2006	(3)  A community college may develop a proposal to deliver
2007	specified baccalaureate degree programs in its district to meet
2008	local workforce needs. The proposal must be submitted to the
2009	State Board of Education for approval. The community college's
2010	proposal must include the following information:
2011	(a)  Demand for the baccalaureate degree program is
2012	identified by the workforce development board, local businesses
2013	and industry, local chambers of commerce, and potential
2014	students.
2015	(b)  Unmet need for graduates of the proposed degree
2016	program is substantiated.
2017	(c)  The community college has the facilities and academic
2018	resources to deliver the program.
2019
2020	The proposal must be submitted to the Council for Education
2021	Policy Research and Improvement for review and comment. Upon
2022	approval of the State Board of Education for the specific degree
2023	program or programs, the community college shall pursue regional
2024	accreditation by the Commission on Colleges of the Southern
2025	Association of Colleges and Schools. Any additional
2026	baccalaureate degree programs the community college wishes to
2027	offer must be approved by the State Board of Education.
2028	Section 29.  Paragraph (f) of subsection (1), paragraphs
2029	(c) and (e) of subsection (3), and subsection (9) of section
2030	1008.22, Florida Statutes, are amended, subsection (10) is
2031	renumbered as subsection (11), and a new subsection (10) is
2032	added to said section, to read:
2033	1008.22  Student assessment program for public schools.--
2034	(1)  PURPOSE.--The primary purposes of the student
2035	assessment program are to provide information needed to improve
2036	the public schools by enhancing the learning gains of all
2037	students and to inform parents of the educational progress of
2038	their public school children. The program must be designed to:
2039	(f)  Provide information on the performance of Florida
2040	students compared with other students others across the United
2041	States.
2042	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
2043	design and implement a statewide program of educational
2044	assessment that provides information for the improvement of the
2045	operation and management of the public schools, including
2046	schools operating for the purpose of providing educational
2047	services to youth in Department of Juvenile Justice programs.
2048	The commissioner may enter into contracts for the continued
2049	administration of the assessment, testing, and evaluation
2050	programs authorized and funded by the Legislature. Contracts may
2051	be initiated in 1 fiscal year and continue into the next and may
2052	be paid from the appropriations of either or both fiscal years.
2053	The commissioner is authorized to negotiate for the sale or
2054	lease of tests, scoring protocols, test scoring services, and
2055	related materials developed pursuant to law. Pursuant to the
2056	statewide assessment program, the commissioner shall:
2057	(c)  Develop and implement a student achievement testing
2058	program known as the Florida Comprehensive Assessment Test
2059	(FCAT) as part of the statewide assessment program, to be
2060	administered annually in grades 3 through 10 to measure reading,
2061	writing, science, and mathematics. Other content areas may be
2062	included as directed by the commissioner. The assessment of
2063	reading and mathematics shall be administered annually in grades
2064	3 through 10. The assessment of writing and science shall be
2065	administered at least once at the elementary, middle, and high
2066	school levels. The testing program must be designed so that:
2067	1.  The tests measure student skills and competencies
2068	adopted by the State Board of Education as specified in
2069	paragraph (a). The tests must measure and report student
2070	proficiency levels in reading, writing, mathematics, and
2071	science. The commissioner shall provide for the tests to be
2072	developed or obtained, as appropriate, through contracts and
2073	project agreements with private vendors, public vendors, public
2074	agencies, postsecondary educational institutions, or school
2075	districts. The commissioner shall obtain input with respect to
2076	the design and implementation of the testing program from state
2077	educators and the public.
2078	2.  The testing program will include a combination of norm-
2079	referenced and criterion-referenced tests and include, to the
2080	extent determined by the commissioner, questions that require
2081	the student to produce information or perform tasks in such a
2082	way that the skills and competencies he or she uses can be
2083	measured.
2084	3.  Each testing program, whether at the elementary,
2085	middle, or high school level, includes a test of writing in
2086	which students are required to produce writings that are then
2087	scored by appropriate methods.
2088	4.  A score is designated for each subject area tested,
2089	below which score a student's performance is deemed inadequate.
2090	The school districts shall provide appropriate remedial
2091	instruction to students who score below these levels.
2092	5.  Except as provided in s. 1003.43(11)(b), students must
2093	earn a passing score on the grade 10 assessment test described
2094	in this paragraph or on an alternate assessment as described in
2095	subsection (9) in reading, writing, and mathematics to qualify
2096	for a regular high school diploma. The State Board of Education
2097	shall designate a passing score for each part of the grade 10
2098	assessment test. In establishing passing scores, the state board
2099	shall consider any possible negative impact of the test on
2100	minority students. All students who took the grade 10 FCAT
2101	during the 2000-2001 school year shall be required to earn the
2102	passing scores in reading and mathematics established by the
2103	State Board of Education for the March 2001 test administration.
2104	Such students who did not earn the established passing scores
2105	and must repeat the grade 10 FCAT are required to earn the
2106	passing scores established for the March 2001 test
2107	administration. All students who take the grade 10 FCAT for the
2108	first time in March 2002 shall be required to earn the passing
2109	scores in reading and mathematics established by the State Board
2110	of Education for the March 2002 test administration. The State
2111	Board of Education shall adopt rules which specify the passing
2112	scores for the grade 10 FCAT. Any such rules, which have the
2113	effect of raising the required passing scores, shall only apply
2114	to students taking the grade 10 FCAT for the first time after
2115	such rules are adopted by the State Board of Education.
2116	6.  Participation in the testing program is mandatory for
2117	all students attending public school, including students served
2118	in Department of Juvenile Justice programs, except as otherwise
2119	prescribed by the commissioner. If a student does not
2120	participate in the statewide assessment, the district must
2121	notify the student's parent and provide the parent with
2122	information regarding the implications of such nonparticipation.
2123	If modifications are made in the student's instruction to
2124	provide accommodations that would not be permitted on the
2125	statewide assessment tests, the district must notify the
2126	student's parent of the implications of such instructional
2127	modifications. A parent must provide signed consent for a
2128	student to receive instructional modifications that would not be
2129	permitted on the statewide assessments and must acknowledge in
2130	writing that he or she understands the implications of such
2131	accommodations. The State Board of Education shall adopt rules,
2132	based upon recommendations of the commissioner, for the
2133	provision of test accommodations and modifications of procedures
2134	as necessary for students in exceptional education programs and
2135	for students who have limited English proficiency.
2136	Accommodations that negate the validity of a statewide
2137	assessment are not allowable.
2138	7.  A student seeking an adult high school diploma must
2139	meet the same testing requirements that a regular high school
2140	student must meet.
2141	8.  District school boards must provide instruction to
2142	prepare students to demonstrate proficiency in the skills and
2143	competencies necessary for successful grade-to-grade progression
2144	and high school graduation. If a student is provided with
2145	accommodations or modifications that are not allowable in the
2146	statewide assessment program, as described in the test manuals,
2147	the district must inform the parent in writing and must provide
2148	the parent with information regarding the impact on the
2149	student's ability to meet expected proficiency levels in
2150	reading, writing, and math. The commissioner shall conduct
2151	studies as necessary to verify that the required skills and
2152	competencies are part of the district instructional programs.
2153	9.  The Department of Education must develop, or select,
2154	and implement a common battery of assessment tools that will be
2155	used in all juvenile justice programs in the state. These tools
2156	must accurately measure the skills and competencies established
2157	in the Florida Sunshine State Standards.
2158
2159	The commissioner may design and implement student testing
2160	programs, for any grade level and subject area, necessary to
2161	effectively monitor educational achievement in the state.
2162	(e)  Conduct ongoing research and analysis of student
2163	achievement data, including, without limitation, monitoring
2164	trends in student achievement by grade level and overall student
2165	achievement, identifying school programs that are successful,
2166	and analyzing correlates of school achievement.
2167	(9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
2168	(a)  The State Board of Education shall conduct concordance
2169	studies, as necessary, to determine scores on the SAT and the
2170	ACT equivalent to those required on the FCAT for high school
2171	graduation pursuant to s. 1003.429(6)(a) or s. 1003.43(5)(a).
2172	(b)(a)  The Commissioner of Education shall approve the use
2173	of the SAT and ACT tests as alternative assessments to the grade
2174	10 FCAT for the 2003-2004 school year. Students who attain
2175	scores on the SAT or ACT which equate to the passing scores on
2176	the grade 10 FCAT for purposes of high school graduation shall
2177	satisfy the assessment requirement for a standard high school
2178	diploma as provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for
2179	the 2003-2004 school year if the students meet the requirement
2180	in paragraph (c)(b).
2181	(c)(b)  A student shall be required to take each subject
2182	area of the grade 10 FCAT a total of three times without earning
2183	a passing score in order to use the corresponding subject area
2184	scores on an alternative assessment pursuant to paragraph
2185	(b)(a). This requirement shall not apply to a new student who
2186	enters is a new student to the Florida public school system in
2187	grade 12, who may either take the FCAT or use approved score
2188	equivalencies to fulfill the graduation requirement.
2189	(10)  REPORTS.--The Department of Education shall annually
2190	provide a report to the Governor, the President of the Senate,
2191	and the Speaker of the House of Representatives on the
2192	following:
2193	(a)  Longitudinal performance of students in mathematics
2194	and reading.
2195	(b)  Longitudinal performance of students by grade level in
2196	mathematics and reading.
2197	(c)  Longitudinal performance regarding efforts to close
2198	the achievement gap.
2199	(d)  Longitudinal performance of students on the norm-
2200	referenced component of the FCAT.
2201	(e)  Other student performance data based on national norm-
2202	referenced and criterion-referenced tests, when available.
2203	Section 30.  Paragraph (b) of subsection (4) and paragraph
2204	(b) of subsection (8) of section 1008.25, Florida Statutes, are
2205	amended, and paragraph (c) is added to subsection (8) of said
2206	section, to read:
2207	1008.25  Public school student progression; remedial
2208	instruction; reporting requirements.--
2209	(4)  ASSESSMENT AND REMEDIATION.--
2210	(b)  The school in which the student is enrolled must
2211	develop, in consultation with the student's parent, and must
2212	implement an academic improvement plan designed to assist the
2213	student in meeting state and district expectations for
2214	proficiency. For a student for whom a personalized middle school
2215	success plan is required pursuant to s. 1003.415, the middle
2216	school success plan must be incorporated in the student's
2217	academic improvement plan. Beginning with the 2002-2003 school
2218	year, if the student has been identified as having a deficiency
2219	in reading, the academic improvement plan shall identify the
2220	student's specific areas of deficiency in phonemic awareness,
2221	phonics, fluency, comprehension, and vocabulary; the desired
2222	levels of performance in these areas; and the instructional and
2223	support services to be provided to meet the desired levels of
2224	performance. Schools shall also provide for the frequent
2225	monitoring of the student's progress in meeting the desired
2226	levels of performance. District school boards may require low-
2227	performing students to attend remediation programs held before
2228	or after regular school hours, upon the request of the school
2229	principal, and shall assist schools and teachers to implement
2230	research-based reading activities that have been shown to be
2231	successful in teaching reading to low-performing students.
2232	Remedial instruction provided during high school may not be in
2233	lieu of English and mathematics credits required for graduation.
2234	(8)  ANNUAL REPORT.--
2235	(b)  Beginning with the 2001-2002 school year, Each
2236	district school board must annually publish in the local
2237	newspaper, and report in writing to the State Board of Education
2238	by September 1 of each year, the following information on the
2239	prior school year:
2240	1.  The provisions of this section relating to public
2241	school student progression and the district school board's
2242	policies and procedures on student retention and promotion.
2243	2.  By grade, the number and percentage of all students in
2244	grades 3 through 10 performing at Levels 1 and 2 on the reading
2245	portion of the FCAT.
2246	3.  By grade, the number and percentage of all students
2247	retained in grades 3 through 10.
2248	4.  Information on the total number of students who were
2249	promoted for good cause, by each category of good cause as
2250	specified in paragraph (6)(b).
2251	5.  Any revisions to the district school board's policy on
2252	student retention and promotion from the prior year.
2253	(c)  The Department of Education shall establish a uniform
2254	format for school districts to report the information required
2255	in paragraph (b). The format shall be developed with input from
2256	school districts and shall be provided not later than 60 days
2257	prior to the annual due date. The department shall annually
2258	compile the information required in subparagraphs (b)2., 3., and
2259	4., along with state-level summary information, and report such
2260	information to the Governor, the President of the Senate, and
2261	the Speaker of the House of Representatives.
2262	Section 31.  Section 1008.301, Florida Statutes, is
2263	repealed.
2264	Section 32.  Section 1008.31, Florida Statutes, is amended
2265	to read:
2266	1008.31  Florida's K-20 education performance
2267	accountability system; legislative intent; public accountability
2268	and reporting performance-based funding; mission, goals, and
2269	systemwide measures.--
2270	(1)  LEGISLATIVE INTENT.--It is the intent of the
2271	Legislature that:
2272	(a)  The performance accountability system implemented to
2273	assess the effectiveness of Florida's seamless K-20 education
2274	delivery system provide answers to the following questions in
2275	relation to its mission and goals:
2276	1.  What is the public receiving in return for funds it
2277	invests in education?
2278	2.  How effectively is Florida's K-20 education system
2279	educating its students?
2280	3.  How effectively are the major delivery sectors
2281	promoting student achievement?
2282	4.  How are individual schools and postsecondary education
2283	institutions performing their responsibility to educate their
2284	students as measured by how students are performing and how much
2285	they are learning?
2286	(b)  The K-20 education performance accountability system
2287	be established as a single, unified accountability system with
2288	multiple components, including, but not limited to, measures of
2289	adequate yearly progress, individual student learning gains in
2290	public schools, school grades, and return on investment.
2291	(c)  The K-20 education performance accountability system
2292	comply with the accountability requirements of the "No Child
2293	Left Behind Act of 2001," Pub. L. No. 107-110.
2294	(d)  The State Board of Education recommend to the
2295	Legislature systemwide performance standards; the Legislature
2296	establish systemwide performance measures and standards; and the
2297	systemwide measures and standards provide Floridians with
2298	information on what the public is receiving in return for the
2299	funds it invests in education and how well the K-20 system
2300	educates its students.
2301	(e)  The State Board of Education establish performance
2302	measures and set performance standards for individual components
2303	of the public education system, including individual schools and
2304	postsecondary educational institutions, with measures and
2305	standards based primarily on student achievement.
2306	(2)  PERFORMANCE-BASED FUNDING.--
2307	(a)  The State Board of Education shall cooperate with each
2308	delivery system to develop proposals for performance-based
2309	funding, using performance measures adopted pursuant to this
2310	section.
2311	(b)  The State Board of Education proposals must provide
2312	that at least 10 percent of the state funds appropriated for the
2313	K-20 education system are conditional upon meeting or exceeding
2314	established performance standards.
2315	(c)  The State Board of Education shall adopt guidelines
2316	required to implement performance-based funding that allow 1
2317	year to demonstrate achievement of specified performance
2318	standards prior to a reduction in appropriations pursuant to
2319	this section.
2320	(d)  By December 1, 2003, the State Board of Education
2321	shall adopt common definitions, measures, standards, and
2322	performance improvement targets required to:
2323	1.  Use the state core measures and the sector-specific
2324	measures to evaluate the progress of each sector of the
2325	educational delivery system toward meeting the systemwide goals
2326	for public education.
2327	2.  Notify the sectors of their progress in achieving the
2328	specified measures so that they may develop improvement plans
2329	that directly influence decisions about policy, program
2330	development, and management.
2331	3.  Implement the performance-based budgeting system
2332	described in this section.
2333	(e)  During the 2003-2004 fiscal year, the Department of
2334	Education shall collect data required to establish progress,
2335	rewards, and sanctions.
2336	(f)  By December 1, 2004, the Department of Education shall
2337	recommend to the Legislature a formula for performance-based
2338	funding that applies accountability standards for the individual
2339	components of the public education system at every level,
2340	kindergarten through graduate school. Effective for the 2004-
2341	2005 fiscal year and thereafter, subject to annual legislative
2342	approval in the General Appropriations Act, performance-based
2343	funds shall be allocated based on the progress, rewards, and
2344	sanctions established pursuant to this section.
2345	(2)(3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
2346	(a)  The mission of Florida's K-20 education system shall
2347	be to increase the proficiency of all students within one
2348	seamless, efficient system, by allowing them the opportunity to
2349	expand their knowledge and skills through learning opportunities
2350	and research valued by students, parents, and communities.
2351	(b)  The process State Board of Education shall adopt
2352	guiding principles for establishing state and sector-specific
2353	standards and measures must be:
2354	1.  Focused on student success.
2355	2.  Addressable through policy and program changes.
2356	3.  Efficient and of high quality.
2357	4.  Measurable over time.
2358	5.  Simple to explain and display to the public.
2359	6.  Aligned with other measures and other sectors to
2360	support a coordinated K-20 education system.
2361	(c)  The Department State Board of Education shall maintain
2362	an accountability system that measures student progress toward
2363	the following goals:
2364	1.  Highest student achievement, as indicated by evidence
2365	of student learning gains at all levels measured by: student
2366	FCAT performance and annual learning gains; the number and
2367	percentage of schools that improve at least one school
2368	performance grade designation or maintain a school performance
2369	grade designation of "A" pursuant to s. 1008.34; graduation or
2370	completion rates at all learning levels; and other measures
2371	identified in law or rule.
2372	2.  Seamless articulation and maximum access, as measured
2373	by evidence of progression, readiness, and access by targeted
2374	groups of students identified by the Commissioner of Education:
2375	the percentage of students who demonstrate readiness for the
2376	educational level they are entering, from kindergarten through
2377	postsecondary education and into the workforce; the number and
2378	percentage of students needing remediation; the percentage of
2379	Floridians who complete associate, baccalaureate, graduate,
2380	professional, and postgraduate degrees; the number and
2381	percentage of credits that articulate; the extent to which each
2382	set of exit-point requirements matches the next set of entrance-
2383	point requirements; the degree to which underserved populations
2384	access educational opportunity; the extent to which access is
2385	provided through innovative educational delivery strategies; and
2386	other measures identified in law or rule.
2387	3.  Skilled workforce and economic development, as measured
2388	by evidence of employment and earnings: the number and
2389	percentage of graduates employed in their areas of preparation;
2390	the percentage of Floridians with high school diplomas and
2391	postsecondary education credentials; the percentage of business
2392	and community members who find that Florida's graduates possess
2393	the skills they need; national rankings; and other measures
2394	identified in law or rule.
2395	4.  Quality efficient services, as measured by evidence of
2396	return on investment: cost per completer or graduate; average
2397	cost per noncompleter at each educational level; cost disparity
2398	across institutions offering the same degrees; the percentage of
2399	education customers at each educational level who are satisfied
2400	with the education provided; and other measures identified in
2401	law or rule.
2402	5.  Other goals as identified by law or rule.
2403	(3)(4)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
2404	DATA COLLECTION.--To provide data required to implement
2405	education performance accountability measures in state and
2406	federal law, the Commissioner of Education shall initiate and
2407	maintain strategies to improve data quality and timeliness.
2408	(a)  School districts and public postsecondary educational
2409	institutions shall maintain information systems that will
2410	provide the State Board of Education, the Board of Governors,
2411	and the Legislature with information and reports necessary to
2412	address the specifications of the accountability system. The
2413	State Board of Education shall determine the standards for the
2414	required data. The level of comprehensiveness and quality shall
2415	be no less than that which was available as of June 30, 2001.
2416	(b)  The Commissioner of Education shall determine the
2417	standards for the required data, monitor data quality, and
2418	measure improvements. The commissioner shall report annually to
2419	the State Board of Education, the Board of Governors, the
2420	President of the Senate, and the Speaker of the House of
2421	Representatives data quality indicators and ratings for all
2422	school districts and public postsecondary educational
2423	institutions.
2424	(4)  REPORTING OR DATA COLLECTION.--The department shall
2425	coordinate with school districts in developing any reporting or
2426	data collection requirements to address the specifications of
2427	the accountability system. Before establishing any new reporting
2428	or data collection requirements, the department shall utilize
2429	any existing data being collected to reduce duplication and
2430	minimize paperwork.
2431	(5)  RULES.--The State Board of Education shall adopt rules
2432	pursuant to ss. 120.536(1) and 120.54 to implement the
2433	provisions of this section.
2434	Section 33.  Subsections (1), (2), and (4) of section
2435	1008.33, Florida Statutes, are amended to read:
2436	1008.33  Authority to enforce public school
2437	improvement.--It is the intent of the Legislature that all
2438	public schools be held accountable for students performing at
2439	acceptable levels. A system of school improvement and
2440	accountability that assesses student performance by school,
2441	identifies schools in which students are not making adequate
2442	progress toward state standards, institutes appropriate measures
2443	for enforcing improvement, and provides rewards and sanctions
2444	based on performance shall be the responsibility of the State
2445	Board of Education.
2446	(1)  Pursuant to Art. IX of the State Constitution
2447	prescribing the duty of the State Board of Education to
2448	supervise Florida's public school system and notwithstanding any
2449	other statutory provisions to the contrary, the State Board of
2450	Education shall intervene in the operation of a district school
2451	system when one or more schools in the school district have
2452	failed to make adequate progress for 2 school years in a 4-year
2453	period. For purposes of determining when a school is eligible
2454	for state board action and opportunity scholarships for its
2455	students, the terms "2 years in any 4-year period" and "2 years
2456	in a 4-year period" mean that in any year that a school has a
2457	grade of "F," the school is eligible for state board action and
2458	opportunity scholarships for its students if it also has had a
2459	grade of "F" in any of the previous 3 school years. The State
2460	Board of Education may determine that the school district or
2461	school has not taken steps sufficient for students in the school
2462	to be academically well served. Considering recommendations of
2463	the Commissioner of Education, the State Board of Education
2464	shall recommend action to a district school board intended to
2465	improve educational services to students in each school that is
2466	designated with a as performance grade of category "F."
2467	Recommendations for actions to be taken in the school district
2468	shall be made only after thorough consideration of the unique
2469	characteristics of a school, which shall include student
2470	mobility rates, the number and type of exceptional students
2471	enrolled in the school, and the availability of options for
2472	improved educational services. The state board shall adopt by
2473	rule steps to follow in this process. Such steps shall provide
2474	school districts sufficient time to improve student performance
2475	in schools and the opportunity to present evidence of assistance
2476	and interventions that the district school board has
2477	implemented.
2478	(2)  The State Board of Education may recommend one or more
2479	of the following actions to district school boards to enable
2480	students in schools designated with a as performance grade of
2481	category "F" to be academically well served by the public school
2482	system:
2483	(a)  Provide additional resources, change certain
2484	practices, and provide additional assistance if the state board
2485	determines the causes of inadequate progress to be related to
2486	school district policy or practice;
2487	(b)  Implement a plan that satisfactorily resolves the
2488	education equity problems in the school;
2489	(c)  Contract for the educational services of the school,
2490	or reorganize the school at the end of the school year under a
2491	new school principal who is authorized to hire new staff and
2492	implement a plan that addresses the causes of inadequate
2493	progress;
2494	(d)  Transfer high-quality teachers, faculty, and staff as
2495	needed to ensure adequate educational opportunities designed to
2496	improve the performance of students in a low-performing school;
2497	(e)(d)  Allow parents of students in the school to send
2498	their children to another district school of their choice; or
2499	(f)(e)  Other action appropriate to improve the school's
2500	performance.
2501	(4)  The State Board of Education may require the
2502	Department of Education or Chief Financial Officer to withhold
2503	any transfer of state funds to the school district if, within
2504	the timeframe specified in state board action, the school
2505	district has failed to comply with the action ordered to improve
2506	the district's low-performing schools. Withholding the transfer
2507	of funds shall occur only after all other recommended actions
2508	for school improvement have failed to improve performance. The
2509	State Board of Education may impose the same penalty on any
2510	district school board that fails to develop and implement a plan
2511	for assistance and intervention for low-performing schools as
2512	specified in s. 1001.42(16)(d)(c).
2513	Section 34.  Section 1008.34, Florida Statutes, is amended
2514	to read:
2515	1008.34  School grading system; school report cards;
2516	district performance grade.--
2517	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
2518	prepare annual reports of the results of the statewide
2519	assessment program which describe student achievement in the
2520	state, each district, and each school. The commissioner shall
2521	prescribe the design and content of these reports, which must
2522	include, without limitation, descriptions of the performance of
2523	all schools participating in the assessment program and all of
2524	their major student populations as determined by the
2525	Commissioner of Education, and must also include the median
2526	scores of all eligible students who scored at or in the lowest
2527	25th percentile of the state in the previous school year;
2528	provided, however, that the provisions of s. 1002.22 pertaining
2529	to student records apply to this section.
2530	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
2531	annual report shall identify schools as having one of the
2532	following grades being in one of the following grade categories
2533	defined according to rules of the State Board of Education:
2534	(a)  "A," schools making excellent progress.
2535	(b)  "B," schools making above average progress.
2536	(c)  "C," schools making satisfactory progress.
2537	(d)  "D," schools making less than satisfactory progress.
2538	(e)  "F," schools failing to make adequate progress.
2539
2540	Each school designated with a in performance grade of category
2541	"A," making excellent progress, or having improved at least two
2542	performance grade levels categories, shall have greater
2543	authority over the allocation of the school's total budget
2544	generated from the FEFP, state categoricals, lottery funds,
2545	grants, and local funds, as specified in state board rule. The
2546	rule must provide that the increased budget authority shall
2547	remain in effect until the school's performance grade declines.
2548	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
2549	CATEGORIES.--All schools shall receive a school grade except
2550	those alternative schools that receive a school improvement
2551	rating pursuant to s. 1008.341. Alternative schools may choose
2552	to receive a school grade pursuant to the provisions of this
2553	section in lieu of a school improvement rating described in s.
2554	1008.341. School grades performance grade category designations
2555	itemized in subsection (2) shall be based on the following:
2556	(a)  Criteria Timeframes.--A school's grade shall be based
2557	on a combination of:
2558	1.  Student achievement scores School performance grade
2559	category designations shall be based on the school's current
2560	year performance and the school's annual learning gains.
2561	2.  A school's performance grade category designation shall
2562	be based on a combination of student achievement scores, Student
2563	learning gains as measured by annual FCAT assessments in grades
2564	3 through 10., and
2565	3.  Improvement of the lowest 25th percentile of students
2566	in the school in reading, math, or writing on the FCAT Reading,
2567	unless these students are exhibiting performing above
2568	satisfactory performance.
2569	(b)  Student assessment data.--Student assessment data used
2570	in determining school grades performance grade categories shall
2571	include:
2572	1.  The aggregate scores of all eligible students enrolled
2573	in the school who have been assessed on the FCAT.
2574	2.  The aggregate scores of all eligible students enrolled
2575	in the school who have been assessed on the FCAT, including
2576	Florida Writes, and who have scored at or in the lowest 25th
2577	percentile of students in the school in reading, math, or
2578	writing, unless these students are exhibiting performing above
2579	satisfactory performance.
2580	3.  The achievement scores and learning gains of eligible
2581	students attending alternative schools that provide dropout
2582	prevention and academic intervention services pursuant to s.
2583	1003.53. The term "eligible students" in this subparagraph does
2584	not include students attending an alternative school who are
2585	subject to district school board policies for expulsion for
2586	repeated or serious offenses, who are in dropout retrieval
2587	programs serving students who have officially been designated as
2588	dropouts, or who are in Department of Juvenile Justice operated
2589	and contracted programs. The student performance data for
2590	eligible students identified in this subparagraph shall be
2591	included in the calculation of the home school's grade. For
2592	purposes of this section and s. 1008.341, "home school" means
2593	the school the student was attending when assigned to an
2594	alternative school or the school to which the student would be
2595	assigned if the student left the alternative school. If an
2596	alternative school chooses to be graded pursuant to this
2597	section, student performance data for eligible students
2598	identified in this subparagraph shall not be included in the
2599	home school's grade but shall only be included in calculation of
2600	the alternative school's improvement rating. School districts
2601	must ensure collaboration between the home school and the
2602	alternative school to promote student success.
2603
2604	The Department of Education shall study the effects of mobility
2605	on the performance of highly mobile students and recommend
2606	programs to improve the performance of such students. The State
2607	Board of Education shall adopt appropriate criteria for each
2608	school performance grade category. The criteria must also give
2609	added weight to student achievement in reading. Schools
2610	designated with a as performance grade of category "C," making
2611	satisfactory progress, shall be required to demonstrate that
2612	adequate progress has been made by students in the school who
2613	are in the lowest 25th percentile in reading, math, or writing
2614	on the FCAT, including Florida Writes, unless these students are
2615	exhibiting performing above satisfactory performance.
2616	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
2617	identify each school's performance as having improved, remained
2618	the same, or declined. This school improvement rating shall be
2619	based on a comparison of the current year's and previous year's
2620	student and school performance data. Schools that improve at
2621	least one performance grade category are eligible for school
2622	recognition awards pursuant to s. 1008.36.
2623	(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
2624	IMPROVEMENT RATING REPORTS.--The Department of Education shall
2625	annually develop, in collaboration with the school districts, a
2626	school report card to be delivered to parents throughout each
2627	school district. The report card shall include the school's
2628	grade, information regarding school improvement, an explanation
2629	of school performance as evaluated by the federal No Child Left
2630	Behind Act of 2001, and indicators of return on investment.
2631	School performance grade category designations and improvement
2632	ratings shall apply to each school's performance for the year in
2633	which performance is measured. Each school's report card
2634	designation and rating shall be published annually by the
2635	department on its website, of Education and the school district
2636	shall provide the school report card to each parent. Parents
2637	shall be entitled to an easy-to-read report card about the
2638	designation and rating of the school in which their child is
2639	enrolled.
2640	(6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may
2641	factor in the performance of schools in calculating any
2642	performance-based funding policy that is provided for annually
2643	in the General Appropriations Act.
2644	(7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report
2645	required by subsection (1) shall include district performance
2646	grades, which shall consist of weighted district average grades,
2647	by level, for all elementary schools, middle schools, and high
2648	schools in the district. A district's weighted average grade
2649	shall be calculated by weighting individual school grades
2650	determined pursuant to subsection (2) by school enrollment.
2651	(8)(6)  RULES.--The State Board of Education shall adopt
2652	rules pursuant to ss. 120.536(1) and 120.54 to implement the
2653	provisions of this section.
2654	Section 35.  Section 1008.341, Florida Statutes, is created
2655	to read:
2656	1008.341  School improvement rating for alternative
2657	schools.--
2658	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
2659	prepare an annual report on the performance of each school
2660	receiving a school improvement rating pursuant to this section
2661	provided that the provisions of s. 1002.22 pertaining to student
2662	records shall apply.
2663	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
2664	provide dropout prevention and academic intervention services
2665	pursuant to s. 1003.53 shall receive a school improvement rating
2666	pursuant to this section. The school improvement rating shall
2667	identify schools as having one of the following ratings defined
2668	according to rules of the State Board of Education:
2669	(a)  "Improving," schools with students making more
2670	academic progress than when the students were served in their
2671	home schools.
2672	(b)  "Maintaining," schools with students making progress
2673	equivalent to the progress made when the students were served in
2674	their home schools.
2675	(c)  "Declining," schools with students making less
2676	academic progress than when the students were served in their
2677	home schools.
2678
2679	The school improvement rating shall be based on a comparison of
2680	the current year and previous year student performance data.
2681	Schools that improve at least one level or maintain an
2682	"improving" rating pursuant to this section are eligible for
2683	school recognition awards pursuant to s. 1008.36.
2684	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
2685	assessment data used in determining an alternative school's
2686	school improvement rating shall include:
2687	(a)  The aggregate scores of all eligible students who were
2688	assigned to and enrolled in the school during the October or
2689	February FTE count, who have been assessed on the FCAT, and who
2690	have FCAT or comparable scores for the preceding school year.
2691	(b)  The aggregate scores of all eligible students who were
2692	assigned to and enrolled in the school during the October or
2693	February FTE count, who have been assessed on the FCAT,
2694	including Florida Writes, and who have scored in the lowest 25th
2695	percentile of students in the state on FCAT Reading.
2696
2697	The scores of students who are subject to district school board
2698	policies for expulsion for repeated or serious offenses, who are
2699	in dropout retrieval programs serving students who have
2700	officially been designated as dropouts, or who are in Department
2701	of Juvenile Justice operated and contracted programs shall not
2702	be included in an alternative school's school improvement
2703	rating.
2704	(4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For each
2705	alternative school receiving a school improvement rating, the
2706	Department of Education shall annually identify the percentage
2707	of students making learning gains as compared to the percentage
2708	of the same students making learning gains in their home schools
2709	in the year prior to being assigned to the alternative school.
2710	(5)  SCHOOL REPORT CARD.--The Department of Education shall
2711	annually develop, in collaboration with the school districts, a
2712	school report card for alternative schools to be delivered to
2713	parents throughout each school district. The report card shall
2714	include the school improvement rating, identification of student
2715	learning gains, information regarding school improvement, an
2716	explanation of school performance as evaluated by the federal No
2717	Child Left Behind Act of 2001, and indicators of return on
2718	investment.
2719	(6)  RULES.--The State Board of Education shall adopt rules
2720	pursuant to ss. 120.536(1) and 120.54 to implement the
2721	provisions of this section.
2722	Section 36.  Subsection (5), paragraphs (b) and (d) of
2723	subsection (6), and subsection (7) of section 1008.345, Florida
2724	Statutes, are amended to read:
2725	1008.345  Implementation of state system of school
2726	improvement and education accountability.--
2727	(5)  The commissioner shall report to the Legislature and
2728	recommend changes in state policy necessary to foster school
2729	improvement and education accountability. Included in the report
2730	shall be a list of the schools, including schools operating for
2731	the purpose of providing educational services to youth in
2732	Department of Juvenile Justice programs, for which district
2733	school boards have developed assistance and intervention plans
2734	and an analysis of the various strategies used by the school
2735	boards. School reports shall be distributed pursuant to this
2736	subsection and s. 1001.42(16)(f)(e) and according to rules
2737	adopted by the State Board of Education.
2738	(6)
2739	(b)  Upon request, the department shall provide technical
2740	assistance and training to any school, including any school
2741	operating for the purpose of providing educational services to
2742	youth in Department of Juvenile Justice programs, school
2743	advisory council, district, or district school board for
2744	conducting needs assessments, developing and implementing school
2745	improvement plans, developing and implementing assistance and
2746	intervention plans, or implementing other components of school
2747	improvement and accountability. Priority for these services
2748	shall be given to schools designated with a as performance grade
2749	of category "D" or "F" and school districts in rural and
2750	sparsely populated areas of the state.
2751	(d)  The department shall assign a community assessment
2752	team to each school district with a school designated with a as
2753	performance grade of category "D" or "F" to review the school
2754	performance data and determine causes for the low performance.
2755	The team shall make recommendations to the school board, to the
2756	department, and to the State Board of Education for implementing
2757	an assistance and intervention plan that will address the causes
2758	of the school's low performance. The assessment team shall
2759	include, but not be limited to, a department representative,
2760	parents, business representatives, educators, and community
2761	activists, and shall represent the demographics of the community
2762	from which they are appointed.
2763	(7)(a)  Schools designated with a in performance grade of
2764	category "A," making excellent progress, shall, if requested by
2765	the school, be given deregulated status as specified in s.
2766	1003.63(5), (7), (8), (9), and (10).
2767	(b)  Schools that have improved at least two grades
2768	performance grade categories and that meet the criteria of the
2769	Florida School Recognition Program pursuant to s. 1008.36 may be
2770	given deregulated status as specified in s. 1003.63(5), (7),
2771	(8), (9), and (10).
2772	Section 37.  Subsections (3), (4), and (5) of section
2773	1008.36, Florida Statutes, are amended to read:
2774	1008.36  Florida School Recognition Program.--
2775	(3)  All public schools, including charter schools, that
2776	receive a school grade pursuant to s. 1008.34 or a school
2777	improvement rating pursuant to s. 1008.341 are eligible to
2778	participate in the program. For the purpose of this section, a
2779	school or schools serving any combination of kindergarten
2780	through grade 3 students that do not receive a school grade
2781	under s. 1008.34 shall be assigned the school grade of the
2782	feeder pattern school designated by the Department of Education
2783	and verified by the school district and shall be eligible to
2784	participate in the program based on that feeder. A "feeder
2785	school pattern" is defined as a pattern in which at least 60
2786	percent of the students in the school not receiving a school
2787	grade are assigned to the graded school. A feeder pattern school
2788	shall be subject to the Opportunity Scholarship Program as
2789	defined in s. 1002.38.
2790	(4)  All selected schools shall receive financial awards
2791	depending on the availability of funds appropriated and the
2792	number and size of schools selected to receive an award. Funds
2793	must be distributed to the school's fiscal agent and placed in
2794	the school's account and must be used for purposes listed in
2795	subsection (5) as determined by the school advisory council
2796	pursuant to s. 1001.452 in the annual school improvement plan
2797	required pursuant to s. 1001.42(16)(a). If such a determination
2798	is not included in the school improvement plan, the school shall
2799	not be eligible to receive a financial award jointly by the
2800	school's staff and school advisory council. If school staff and
2801	the school advisory council cannot reach agreement by November
2802	1, the awards must be equally distributed to all classroom
2803	teachers currently teaching in the school.
2804	(5)  School recognition awards must be used for the
2805	following:
2806	(a)  Nonrecurring bonuses to the faculty and staff who
2807	currently teach at the school or who taught at the school during
2808	the year of improved performance;
2809	(b)  Nonrecurring expenditures for educational equipment,
2810	or materials, or student incentives to assist in maintaining and
2811	improving student performance; or
2812	(c)  Temporary personnel for the school to assist in
2813	maintaining and improving student performance.
2814
2815	Notwithstanding statutory provisions to the contrary, incentive
2816	awards are not subject to collective bargaining.
2817	Section 38.  Paragraph (h) of subsection (1) of section
2818	1008.45, Florida Statutes, is amended to read:
2819	1008.45  Community college accountability process.--
2820	(1)  It is the intent of the Legislature that a management
2821	and accountability process be implemented which provides for the
2822	systematic, ongoing improvement and assessment of the
2823	improvement of the quality and efficiency of the Florida
2824	community colleges. Accordingly, the State Board of Education
2825	and the community college boards of trustees shall develop and
2826	implement an accountability plan to improve and evaluate the
2827	instructional and administrative efficiency and effectiveness of
2828	the Florida Community College System. This plan shall be
2829	designed in consultation with staff of the Governor and the
2830	Legislature and must address the following issues:
2831	(h)  Other measures as identified by the Council for
2832	Education Policy Research and Improvement and approved by the
2833	State Board of Education.
2834	Section 39.  Section 1008.51, Florida Statutes, is
2835	repealed.
2836	Section 40.  Paragraphs (f), ((h), (l), (m), and (n) of
2837	subsection (1) and paragraphs (a) and (b) of subsection (4) of
2838	section 1011.62, Florida Statutes, are amended, subsections (8)
2839	and (9) are renumbered as subsections (9) and (10),
2840	respectively, and amended, and a new subsection (8) is added to
2841	said section, to read:
2842	1011.62  Funds for operation of schools.--If the annual
2843	allocation from the Florida Education Finance Program to each
2844	district for operation of schools is not determined in the
2845	annual appropriations act or the substantive bill implementing
2846	the annual appropriations act, it shall be determined as
2847	follows:
2848	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
2849	OPERATION.--The following procedure shall be followed in
2850	determining the annual allocation to each district for
2851	operation:
2852	(f)  Supplemental academic instruction; categorical fund.--
2853	1.  There is created a categorical fund to provide
2854	supplemental academic instruction to students in kindergarten
2855	through grade 12. This paragraph may be cited as the
2856	"Supplemental Academic Instruction Categorical Fund."
2857	2.  Categorical funds for supplemental academic instruction
2858	shall be allocated annually to each school district in the
2859	amount provided in the General Appropriations Act. These funds
2860	shall be in addition to the funds appropriated on the basis of
2861	FTE student membership in the Florida Education Finance Program
2862	and shall be included in the total potential funds of each
2863	district. These funds shall be used to provide supplemental
2864	academic instruction to students enrolled in the K-12 program.
2865	Supplemental instruction strategies may include, but are not
2866	limited to: modified curriculum, reading instruction, after-
2867	school instruction, tutoring, mentoring, class size reduction,
2868	extended school year, intensive skills development in summer
2869	school, and other methods for improving student achievement.
2870	Supplemental instruction may be provided to a student in any
2871	manner and at any time during or beyond the regular 180-day term
2872	identified by the school as being the most effective and
2873	efficient way to best help that student progress from grade to
2874	grade and to graduate.
2875	3.  Effective with the 1999-2000 fiscal year, funding on
2876	the basis of FTE membership beyond the 180-day regular term
2877	shall be provided in the FEFP only for students enrolled in
2878	juvenile justice education programs or in an education program
2879	for juveniles under s. 985.223. Funding for instruction beyond
2880	the regular 180-day school year for all other K-12 students
2881	shall be provided through the supplemental academic instruction
2882	categorical fund and other state, federal, and local fund
2883	sources with ample flexibility for schools to provide
2884	supplemental instruction to assist students in progressing from
2885	grade to grade and graduating.
2886	4.  The Florida State University School, as a lab school,
2887	is authorized to expend from its FEFP or Lottery Enhancement
2888	Trust Fund allocation the cost to the student of remediation in
2889	reading, writing, or mathematics for any graduate who requires
2890	remediation at a postsecondary educational institution.
2891	5.  Beginning in the 1999-2000 school year, dropout
2892	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
2893	(b), and (c), and 1003.54 shall be included in group 1 programs
2894	under subparagraph (d)3.
2895	6.  Beginning in the 2005-2006 school year, parents of the
2896	following students shall be offered the opportunity to choose
2897	supplemental educational services from the school district or
2898	from a list of providers approved by the Department of
2899	Education:
2900	a.  Third grade students scoring at Level 1 on FCAT Reading
2901	who are not eligible for supplemental educational services
2902	through the requirements of Pub. L. No. 107-110.
2903	b.  High school students failing grade 10 FCAT Reading or
2904	grade 10 FCAT Mathematics on their second attempt who are not
2905	eligible for supplemental educational services through the
2906	requirements of Pub. L. No. 107-110.
2907
2908	Funds per student shall be determined annually in the General
2909	Appropriations Act.
2910	(h)  Small, isolated high schools.--Districts which levy
2911	the maximum nonvoted discretionary millage, exclusive of millage
2912	for capital outlay purposes levied pursuant to s. 1011.71(2),
2913	may calculate full-time equivalent students for small, isolated
2914	high schools by multiplying the number of unweighted full-time
2915	equivalent students times 2.75; provided the school has attained
2916	a state accountability performance grade category of "C" or
2917	better, pursuant to s. 1008.34, for the previous school year.
2918	For the purpose of this section, the term "small, isolated high
2919	school" means any high school which is located no less than 28
2920	miles by the shortest route from another high school; which has
2921	been serving students primarily in basic studies provided by
2922	sub-subparagraphs (c)1.b. and c. and may include subparagraph
2923	(c)4.; and which has a membership of no more than 100 students,
2924	but no fewer than 28 students, in grades 9 through 12.
2925	(l)  Calculation of additional full-time equivalent
2926	membership based on international baccalaureate examination
2927	scores of students.--A value of 0.24 full-time equivalent
2928	student membership shall be calculated for each student enrolled
2929	in an international baccalaureate course who receives a score of
2930	4 or higher on a subject examination. A value of 0.3 full-time
2931	equivalent student membership shall be calculated for each
2932	student who receives an international baccalaureate diploma.
2933	Such value shall be added to the total full-time equivalent
2934	student membership in basic programs for grades 9 through 12 in
2935	the subsequent fiscal year. The school district shall distribute
2936	to each classroom teacher who provided international
2937	baccalaureate instruction:
2938	1.  A bonus in the amount of $50 for each student taught by
2939	the International Baccalaureate teacher in each international
2940	baccalaureate course who receives a score of 4 or higher on the
2941	international baccalaureate examination.
2942	2.  An additional bonus of $500 to each International
2943	Baccalaureate teacher in a school designated with a performance
2944	grade of category "D" or "F" who has at least one student
2945	scoring 4 or higher on the international baccalaureate
2946	examination, regardless of the number of classes taught or of
2947	the number of students scoring a 4 or higher on the
2948	international baccalaureate examination.
2949
2950	Bonuses awarded to a teacher according to this paragraph shall
2951	not exceed $2,000 in any given school year and shall be in
2952	addition to any regular wage or other bonus the teacher received
2953	or is scheduled to receive.
2954	(m)  Calculation of additional full-time equivalent
2955	membership based on Advanced International Certificate of
2956	Education examination scores of students.--A value of 0.24 full-
2957	full-time equivalent student membership shall be calculated for
2958	each student enrolled in a full-credit Advanced International
2959	Certificate of Education course who receives a score of 2 or
2960	higher on a subject examination. A value of 0.12 full-time
2961	equivalent student membership shall be calculated for each
2962	student enrolled in a half-credit Advanced International
2963	Certificate of Education course who receives a score of 1 or
2964	higher on a subject examination. A value of 0.3 full-time
2965	equivalent student membership shall be calculated for each
2966	student who received an Advanced International Certificate of
2967	Education diploma. Such value shall be added to the total full-
2968	time equivalent student membership in basic programs for grades
2969	9 through 12 in the subsequent fiscal year. The school district
2970	shall distribute to each classroom teacher who provided Advanced
2971	International Certificate of Education instruction:
2972	1.  A bonus in the amount of $50 for each student taught by
2973	the Advanced International Certificate of Education teacher in
2974	each full-credit Advanced International Certificate of Education
2975	course who receives a score of 2 or higher on the Advanced
2976	International Certificate of Education examination. A bonus in
2977	the amount of $25 for each student taught by the Advanced
2978	International Certificate of Education teacher in each half-
2979	credit Advanced International Certificate of Education course
2980	who receives a score of 1 or higher on the Advanced
2981	International Certificate of Education examination.
2982	2.  An additional bonus of $500 to each Advanced
2983	International Certificate of Education teacher in a school
2984	designated with a performance grade of category "D" or "F" who
2985	has at least one student scoring 2 or higher on the full-credit
2986	Advanced International Certificate of Education examination,
2987	regardless of the number of classes taught or of the number of
2988	students scoring a 2 or higher on the full-credit Advanced
2989	International Certificate of Education examination.
2990	3.  Additional bonuses of $250 each to teachers of half-
2991	credit Advanced International Certificate of Education classes
2992	in a school designated with a performance grade of category "D"
2993	or "F" which has at least one student scoring a 1 or higher on
2994	the half-credit Advanced International Certificate of Education
2995	examination in that class. The maximum additional bonus for a
2996	teacher awarded in accordance with this subparagraph shall not
2997	exceed $500 in any given school year. Teachers receiving an
2998	award under subparagraph 2. are not eligible for a bonus under
2999	this subparagraph.
3000
3001	Bonuses awarded to a teacher according to this paragraph shall
3002	not exceed $2,000 in any given school year and shall be in
3003	addition to any regular wage or other bonus the teacher received
3004	or is scheduled to receive.
3005	(n)  Calculation of additional full-time equivalent
3006	membership based on college board advanced placement scores of
3007	students.--A value of 0.24 full-time equivalent student
3008	membership shall be calculated for each student in each advanced
3009	placement course who receives a score of 3 or higher on the
3010	College Board Advanced Placement Examination for the prior year
3011	and added to the total full-time equivalent student membership
3012	in basic programs for grades 9 through 12 in the subsequent
3013	fiscal year. Each district must allocate at least 80 percent of
3014	the funds provided to the district for advanced placement
3015	instruction, in accordance with this paragraph, to the high
3016	school that generates the funds. The school district shall
3017	distribute to each classroom teacher who provided advanced
3018	placement instruction:
3019	1.  A bonus in the amount of $50 for each student taught by
3020	the Advanced Placement teacher in each advanced placement course
3021	who receives a score of 3 or higher on the College Board
3022	Advanced Placement Examination.
3023	2.  An additional bonus of $500 to each Advanced Placement
3024	teacher in a school designated with a performance grade of
3025	category "D" or "F" who has at least one student scoring 3 or
3026	higher on the College Board Advanced Placement Examination,
3027	regardless of the number of classes taught or of the number of
3028	students scoring a 3 or higher on the College Board Advanced
3029	Placement Examination.
3030
3031	Bonuses awarded to a teacher according to this paragraph shall
3032	not exceed $2,000 in any given school year and shall be in
3033	addition to any regular wage or other bonus the teacher received
3034	or is scheduled to receive.
3035	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
3036	Legislature shall prescribe the aggregate required local effort
3037	for all school districts collectively as an item in the General
3038	Appropriations Act for each fiscal year. The amount that each
3039	district shall provide annually toward the cost of the Florida
3040	Education Finance Program for kindergarten through grade 12
3041	programs shall be calculated as follows:
3042	(a)  Estimated taxable value calculations.--
3043	1.a.  Not later than 2 working days prior to July 19, the
3044	Department of Revenue shall certify to the Commissioner of
3045	Education its most recent estimate of the taxable value for
3046	school purposes in each school district and the total for all
3047	school districts in the state for the current calendar year
3048	based on the latest available data obtained from the local
3049	property appraisers. Not later than July 19, the Commissioner of
3050	Education shall compute a millage rate, rounded to the next
3051	highest one one-thousandth of a mill, which, when applied to 95
3052	percent of the estimated state total taxable value for school
3053	purposes, would generate the prescribed aggregate required local
3054	effort for that year for all districts. The Commissioner of
3055	Education shall certify to each district school board the
3056	millage rate, computed as prescribed in this subparagraph, as
3057	the minimum millage rate necessary to provide the district
3058	required local effort for that year.
3059	b.  The General Appropriations Act shall direct the
3060	computation of the statewide adjusted aggregate amount for
3061	required local effort for all school districts collectively from
3062	ad valorem taxes to ensure that no school district's revenue
3063	from required local effort millage will produce more than 90
3064	percent of the district's total Florida Education Finance
3065	Program calculation, and the adjustment of the required local
3066	effort millage rate of each district that produces more than 90
3067	percent of its total Florida Education Finance Program
3068	entitlement to a level that will produce only 90 percent of its
3069	total Florida Education Finance Program entitlement in the July
3070	calculation.
3071	2.  As revised data are received from property appraisers,
3072	the Department of Revenue shall amend the certification of the
3073	estimate of the taxable value for school purposes. The
3074	Commissioner of Education, in administering the provisions of
3075	subparagraph (10)(9)(a)2., shall use the most recent taxable
3076	value for the appropriate year.
3077	(b)  Final calculation.--
3078	1.  The Department of Revenue shall, upon receipt of the
3079	official final assessed value of property from each of the
3080	property appraisers, certify to the Commissioner of Education
3081	the taxable value total for school purposes in each school
3082	district, subject to the provisions of paragraph (d). The
3083	commissioner shall use the official final taxable value for
3084	school purposes for each school district in the final
3085	calculation of the annual Florida Education Finance Program
3086	allocations.
3087	2.  For the purposes of this paragraph, the official final
3088	taxable value for school purposes shall be the taxable value for
3089	school purposes on which the tax bills are computed and mailed
3090	to the taxpayers, adjusted to reflect final administrative
3091	actions of value adjustment boards and judicial decisions
3092	pursuant to part I of chapter 194. By September 1 of each year,
3093	the Department of Revenue shall certify to the commissioner the
3094	official prior year final taxable value for school purposes. For
3095	each county that has not submitted a revised tax roll reflecting
3096	final value adjustment board actions and final judicial
3097	decisions, the Department of Revenue shall certify the most
3098	recent revision of the official taxable value for school
3099	purposes. The certified value shall be the final taxable value
3100	for school purposes, and no further adjustments shall be made,
3101	except those made pursuant to subparagraph (10)(9)(a)2.
3102	(8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
3103	(a)  The research-based reading instruction allocation is
3104	created to provide comprehensive reading instruction to students
3105	in kindergarten through grade 12.
3106	(b)  Funds for comprehensive, research-based reading
3107	instruction shall be allocated annually to each school district
3108	in the amount provided in the General Appropriations Act. Each
3109	eligible school district shall receive the same minimum amount
3110	as specified in the General Appropriations Act, and any
3111	remaining funds shall be distributed to eligible school
3112	districts based on each school district's proportionate share of
3113	K-12 base funding.
3114	(c)  Funds must be used to provide a system of
3115	comprehensive reading instruction to students enrolled in the K-
3116	12 programs, which may include the following:
3117	1.  The provision of highly qualified reading coaches.
3118	2.  Professional development for school district teachers
3119	in scientifically based reading instruction.
3120	3.  The provision of summer reading camps for students who
3121	score at Level 1 on FCAT Reading.
3122	4.  The provision of supplemental instructional materials
3123	that are grounded in scientifically based reading research, and
3124	comprehensive training in their use, for which teachers shall
3125	receive inservice credit. Each school district, in partnership
3126	with the publisher of the material, shall provide the training
3127	and the school district shall certify that the teacher has
3128	achieved mastery in using the material correctly. Data on this
3129	training shall be collected by the Department of Education.
3130	5.  The provision of intensive interventions for middle and
3131	high school students reading below grade level.
3132	(d)  Annually, by a date determined by the Department of
3133	Education but before May 1, school districts shall submit a plan
3134	for the specific use of the research-based reading instruction
3135	allocation in the format prescribed by the department for review
3136	and approval by the Just Read, Florida! Office created pursuant
3137	to s. 1001.215. The plan annually submitted by school districts
3138	shall be deemed approved unless the department rejects the plan
3139	on or before June 1. If a school district and the Just Read,
3140	Florida! Office cannot reach agreement on the contents of the
3141	plan, the school district may appeal to the State Board of
3142	Education. The plan format shall be developed with input from
3143	school district personnel, including teachers and principals,
3144	and shall allow courses in core, career, and alternative
3145	programs that deliver intensive reading remediation through
3146	integrated curricula. No later than July 1 annually, the
3147	department shall release the school district's allocation of
3148	appropriated funds to those districts with approved plans. A
3149	school district that spends 100 percent of this allocation on
3150	its approved plan shall be deemed to have been in compliance
3151	with the plan. The department may withhold funds upon a
3152	determination that reading instruction allocation funds are not
3153	being used to implement the approved plan.
3154	(9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
3155	annually in the General Appropriations Act determine a
3156	percentage increase in funds per K-12 unweighted FTE as a
3157	minimum guarantee to each school district. The guarantee shall
3158	be calculated from prior year base funding per unweighted FTE
3159	student which shall include the adjusted FTE dollars as provided
3160	in subsection (10)(9), quality guarantee funds, and actual
3161	nonvoted discretionary local effort from taxes. From the base
3162	funding per unweighted FTE, the increase shall be calculated for
3163	the current year. The current year funds from which the
3164	guarantee shall be determined shall include the adjusted FTE
3165	dollars as provided in subsection (10)(9) and potential nonvoted
3166	discretionary local effort from taxes. A comparison of current
3167	year funds per unweighted FTE to prior year funds per unweighted
3168	FTE shall be computed. For those school districts which have
3169	less than the legislatively assigned percentage increase, funds
3170	shall be provided to guarantee the assigned percentage increase
3171	in funds per unweighted FTE student. Should appropriated funds
3172	be less than the sum of this calculated amount for all
3173	districts, the commissioner shall prorate each district's
3174	allocation. This provision shall be implemented to the extent
3175	specifically funded.
3176	(10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
3177	FOR CURRENT OPERATION.--The total annual state allocation to
3178	each district for current operation for the FEFP shall be
3179	distributed periodically in the manner prescribed in the General
3180	Appropriations Act.
3181	(a)  The basic amount for current operation for the FEFP as
3182	determined in subsection (1), multiplied by the district cost
3183	differential factor as determined in subsection (2), plus the
3184	amounts provided for categorical components within the FEFP,
3185	plus the amount for the sparsity supplement as determined in
3186	subsection (6), the decline in full-time equivalent students as
3187	determined in subsection (7), the research-based reading
3188	instruction allocation as determined in subsection (8), and the
3189	quality assurance guarantee as determined in subsection (9)(8),
3190	less the required local effort as determined in subsection (4).
3191	If the funds appropriated for the purpose of funding the total
3192	amount for current operation as provided in this paragraph are
3193	not sufficient to pay the state requirement in full, the
3194	department shall prorate the available state funds to each
3195	district in the following manner:
3196	1.  Determine the percentage of proration by dividing the
3197	sum of the total amount for current operation, as provided in
3198	this paragraph for all districts collectively, and the total
3199	district required local effort into the sum of the state funds
3200	available for current operation and the total district required
3201	local effort.
3202	2.  Multiply the percentage so determined by the sum of the
3203	total amount for current operation as provided in this paragraph
3204	and the required local effort for each individual district.
3205	3.  From the product of such multiplication, subtract the
3206	required local effort of each district; and the remainder shall
3207	be the amount of state funds allocated to the district for
3208	current operation.
3209	(b)  The amount thus obtained shall be the net annual
3210	allocation to each school district. However, if it is determined
3211	that any school district received an underallocation or
3212	overallocation for any prior year because of an arithmetical
3213	error, assessment roll change, full-time equivalent student
3214	membership error, or any allocation error revealed in an audit
3215	report, the allocation to that district shall be appropriately
3216	adjusted. Beginning with audits for the 2001-2002 fiscal year,
3217	if the adjustment is the result of an audit finding in which
3218	group 2 FTE are reclassified to the basic program and the
3219	district weighted FTE are over the weighted enrollment ceiling
3220	for group 2 programs, the adjustment shall not result in a gain
3221	of state funds to the district. If the Department of Education
3222	audit adjustment recommendation is based upon controverted
3223	findings of fact, the Commissioner of Education is authorized to
3224	establish the amount of the adjustment based on the best
3225	interests of the state.
3226	(c)  The amount thus obtained shall represent the net
3227	annual state allocation to each district; however,
3228	notwithstanding any of the provisions herein, each district
3229	shall be guaranteed a minimum level of funding in the amount and
3230	manner prescribed in the General Appropriations Act.
3231	Section 41.  Paragraph (a) of subsection (2) of section
3232	1011.64, Florida Statutes, is amended to read:
3233	1011.64  School district minimum classroom expenditure
3234	requirements.--
3235	(2)  For the purpose of implementing the provisions of this
3236	section, the Legislature shall prescribe minimum academic
3237	performance standards and minimum classroom expenditure
3238	requirements for districts not meeting such minimum academic
3239	performance standards in the General Appropriations Act.
3240	(a)  Minimum academic performance standards may be based
3241	on, but are not limited to, district performance grades
3242	determined pursuant to s. 1008.34(7)(8).
3243	Section 42.  Paragraph (b) of subsection (2) of section
3244	1011.685, Florida Statutes, is amended to read:
3245	1011.685  Class size reduction; operating categorical
3246	fund.--
3247	(2)  Class size reduction operating categorical funds shall
3248	be used by school districts for the following:
3249	(b)  For any lawful operating expenditure, if the district
3250	has met the constitutional maximums identified in s. 1003.03(1)
3251	or the reduction of two students per year required by s.
3252	1003.03(2); however, priority shall be given to increase
3253	salaries of classroom teachers as defined in s. 1012.01(2)(a)
3254	and to implement the differentiated-pay provisions detailed in
3255	s. 1012.2312 salary career ladder defined in s. 1012.231.
3256	Section 43.  Section 1011.6855, Florida Statutes, is
3257	created to read:
3258	1011.6855  Minimum pay for instructional personnel;
3259	operating categorical fund.--An operating categorical fund is
3260	created through which funds shall be used to:
3261	(1)  Provide minimum pay of $35,000 or higher as specified
3262	in the General Appropriations Act for all full-time certified
3263	instructional personnel identified in s. 1012.01(2)(a)-(d).
3264	(2)  Provide elevation funds of at least $2,000 or higher
3265	as specified in the General Appropriations Act to increase the
3266	salary of all full-time certified instructional personnel
3267	identified in s. 1012.01(2)(a)-(d) who are earning $33,000 or
3268	higher.
3269
3270	Operating categorical funds remaining after the obligations in
3271	subsections (1) and (2) have been met must be used to reduce the
3272	district average class size until the district average class
3273	size meets the requirements specified in the State Constitution.
3274	The school district may expend the funds for any lawful
3275	operating expenditure if the constitutional requirements in this
3276	section and s. 1011.685 have been met.
3277	Section 44.  Subsection (1) of section 1011.71, Florida
3278	Statutes, is amended to read:
3279	1011.71  District school tax.--
3280	(1)  If the district school tax is not provided in the
3281	General Appropriations Act or the substantive bill implementing
3282	the General Appropriations Act, each district school board
3283	desiring to participate in the state allocation of funds for
3284	current operation as prescribed by s. 1011.62(10)(9) shall levy
3285	on the taxable value for school purposes of the district,
3286	exclusive of millage voted under the provisions of s. 9(b) or s.
3287	12, Art. VII of the State Constitution, a millage rate not to
3288	exceed the amount certified by the commissioner as the minimum
3289	millage rate necessary to provide the district required local
3290	effort for the current year, pursuant to s. 1011.62(4)(a)1. In
3291	addition to the required local effort millage levy, each
3292	district school board may levy a nonvoted current operating
3293	discretionary millage. The Legislature shall prescribe annually
3294	in the appropriations act the maximum amount of millage a
3295	district may levy. The millage rate prescribed shall exceed zero
3296	mills but shall not exceed the lesser of 1.6 mills or 25 percent
3297	of the millage which is required pursuant to s. 1011.62(4),
3298	exclusive of millage levied pursuant to subsection (2).
3299	Section 45.  Subsection (6) is added to section 1012.21,
3300	Florida Statutes, to read:
3301	1012.21  Department of Education duties; K-12 personnel.--
3302	(6)  REPORTING.--The Department of Education shall annually
3303	post online the collective bargaining contracts of each school
3304	district received pursuant to s. 1012.22. The department shall
3305	prescribe the computer format for district school boards to
3306	provide the information.
3307	Section 46.  Paragraph (c) of subsection (1) of section
3308	1012.22, Florida Statutes, is amended, and subsection (3) is
3309	added to said section, to read:
3310	1012.22  Public school personnel; powers and duties of the
3311	district school board.--The district school board shall:
3312	(1)  Designate positions to be filled, prescribe
3313	qualifications for those positions, and provide for the
3314	appointment, compensation, promotion, suspension, and dismissal
3315	of employees as follows, subject to the requirements of this
3316	chapter:
3317	(c)  Compensation and salary schedules.--
3318	1.  The district school board shall adopt a salary schedule
3319	or salary schedules designed to furnish incentives for
3320	improvement in training and for continued efficient service to
3321	be used as a basis for paying all school employees and fix and
3322	authorize the compensation of school employees on the basis
3323	thereof.
3324	2.  A district school board, in determining the salary
3325	schedule for instructional personnel, must base a portion of
3326	each employee's compensation on performance demonstrated under
3327	s. 1012.34, must consider the prior teaching experience of a
3328	person who has been designated state teacher of the year by any
3329	state in the United States, and must consider prior professional
3330	experience in the field of education gained in positions in
3331	addition to district level instructional and administrative
3332	positions.
3333	3.  In developing the salary schedule, the district school
3334	board shall seek input from parents, teachers, and
3335	representatives of the business community.
3336	4.  Beginning with the 2002-2003 fiscal year, each district
3337	school board must adopt a performance-pay policy for school
3338	administrators and instructional personnel. The district's
3339	performance-pay policy is subject to negotiation as provided in
3340	chapter 447; however, the adopted salary schedule must allow
3341	school administrators and instructional personnel who
3342	demonstrate outstanding performance, as measured under s.
3343	1012.34, to earn a 5-percent supplement in addition to their
3344	individual, negotiated salary. The supplements shall be funded
3345	from the performance-pay reserve funds adopted in the salary
3346	schedule. Beginning with the 2004-2005 academic year, the
3347	district's 5-percent performance-pay policy must provide for the
3348	evaluation of classroom teachers within each level of the salary
3349	career ladder provided in s. 1012.231. The Commissioner of
3350	Education shall determine whether the district school board's
3351	adopted salary schedule complies with the requirement for
3352	performance-based pay. If the district school board fails to
3353	comply with this section, the commissioner shall withhold
3354	disbursements from the Educational Enhancement Trust Fund to the
3355	district until compliance is verified.
3356	(3)  Annually provide to the Department of Education the
3357	negotiated collective bargaining contract for the school
3358	district. The district school board shall report in the computer
3359	format prescribed by the department pursuant to s. 1012.21.
3360	Section 47.  Section 1012.2305, Florida Statutes, is
3361	created to read:
3362	1012.2305  Minimum pay for instructional personnel.--
3363	(1)  LEGISLATIVE INTENT.--The Legislature recognizes that
3364	higher pay does not guarantee quality performance in education.
3365	The Legislature also recognizes that competitive pay,
3366	differentiated pay, and performance incentives are necessary to
3367	attract and retain the highest quality teachers and that the
3368	prospect of higher pay and career opportunities are important to
3369	attract talented individuals to the field of teaching.
3370	(2)  MINIMUM PAY.--The minimum pay for full-time certified
3371	instructional personnel identified in s. 1012.01(2)(a)-(d) shall
3372	be $35,000 and shall be established by the Legislature to remain
3373	above the national average beginning pay for public school
3374	teachers.
3375	Section 48.  Section 1012.231, Florida Statutes, is
3376	repealed.
3377	Section 49.  Section 1012.2312, Florida Statutes, is
3378	created to read:
3379	1012.2312  Differentiated pay for instructional
3380	personnel.--
3381	(1)  Beginning with the 2005-2006 fiscal year, each
3382	district school board shall have a differentiated-pay policy for
3383	instructional personnel and incorporate it into the school
3384	district's salary schedule.
3385	(2)  The differentiated-pay policy may be subject to
3386	negotiation as provided in chapter 447; however, the adopted
3387	salary schedule must allow instructional personnel to receive
3388	differentiated pay based upon school district determined
3389	factors, including, but not limited to, each of the following:
3390	(a)  The subject areas taught, with classroom teachers who
3391	teach in critical shortage areas receiving higher pay.
3392	(b)  The economic demographics of the school, with
3393	instructional personnel in schools that have a majority of
3394	students who qualify for free or reduced-price lunches receiving
3395	higher pay.
3396	(c)  Additional responsibilities of instructional
3397	personnel, including, but not limited to, lead and mentoring
3398	responsibilities.
3399	(d)  A performance-pay policy that rewards high-performing
3400	instructional personnel with at least a 5-percent performance-
3401	pay incentive.
3402
3403	The differentiated pay provided in the salary schedule for each
3404	of the factors specified in paragraphs (a)-(d) shall provide an
3405	incentive and not be nominal.
3406	(3)  The Commissioner of Education shall determine whether
3407	the district school board's adopted salary schedule complies
3408	with the requirements in subsection (2). If the salary schedule
3409	does not comply, the commissioner shall recommend to the State
3410	Board of Education and the state board is authorized to withhold
3411	disbursements from the Educational Enhancement Trust Fund to the
3412	school district until the district's salary schedule is in
3413	compliance.
3414	Section 50.  Section 1012.2313, Florida Statutes, is
3415	created to read:
3416	1012.2313  Differentiated pay for school administrators.--
3417	(1)  Beginning with the 2005-2006 fiscal year, each
3418	district school board shall have a differentiated-pay policy for
3419	school administrators and incorporate it into the school
3420	district's salary schedule.
3421	(2)  The adopted salary schedule must allow school
3422	administrators to receive differentiated pay based upon school
3423	district determined factors, including, but not limited to, each
3424	of the following:
3425	(a)  The economic demographics of the school, with school
3426	administrators in schools that have a majority of students who
3427	qualify for free or reduced-price lunches receiving higher pay.
3428	(b)  A performance-pay policy that rewards high-performing
3429	school administrators with at least a 5-percent performance-pay
3430	incentive.
3431
3432	The differentiated pay provided in the salary schedule for each
3433	of the factors specified in paragraphs (a) and (b) shall provide
3434	an incentive and not be nominal.
3435	(3)  The Commissioner of Education shall determine whether
3436	the district school board's adopted salary schedule complies
3437	with the requirements in subsection (2). If the salary schedule
3438	does not comply, the commissioner shall recommend to the State
3439	Board of Education and the state board is authorized to withhold
3440	disbursements from the Educational Enhancement Trust Fund to the
3441	school district until the district's salary schedule is in
3442	compliance.
3443	Section 51.  Section 1012.2315, Florida Statutes, is
3444	created to read:
3445	1012.2315  Assignment of teachers.--
3446	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
3447	finds disparity between teachers assigned to teach in a majority
3448	of "A" schools compared to teachers assigned to teach in a
3449	majority of "F" schools. The disparity can be found in the
3450	average years of experience, median salary, and the performance
3451	of the teachers on teacher certification examinations. It is the
3452	intent of the Legislature that district school boards have
3453	flexibility through the collective bargaining process to assign
3454	teachers more equitably across the schools in the district.
3455	(2)  ASSIGNMENT TO "D" and "F" SCHOOLS.--School districts
3456	may not assign a higher percentage than the school district
3457	average of first-time teachers, temporarily certified teachers,
3458	teachers in need of improvement, or out-of-field teachers to
3459	schools with above the school district average of minority and
3460	economically disadvantaged students or schools that are graded
3461	"D" or "F." Each school district shall annually certify to the
3462	Commissioner of Education that this requirement has been met. If
3463	the commissioner determines that a school district is not in
3464	compliance with this subsection, the State Board of Education
3465	shall be notified and shall take action pursuant to s. 1008.32
3466	in the next regularly scheduled meeting to require compliance.
3467	(3)  SALARY INCENTIVES.--District school boards are
3468	authorized to provide salary incentives to meet the requirement
3469	of subsection (2). No district school board shall sign a
3470	collective bargaining agreement that precludes the school
3471	district from providing sufficient incentives to meet this
3472	requirement.
3473	(4)  COLLECTIVE BARGAINING.--Notwithstanding provisions of
3474	chapter 447 relating to district school board collective
3475	bargaining, collective bargaining provisions may not preclude a
3476	school district from providing incentives to high-quality
3477	teachers and assigning such teachers to low-performing schools.
3478	Section 52.  Subsection (2) of section 1012.27, Florida
3479	Statutes, is amended to read:
3480	1012.27  Public school personnel; powers and duties of
3481	district school superintendent.--The district school
3482	superintendent is responsible for directing the work of the
3483	personnel, subject to the requirements of this chapter, and in
3484	addition the district school superintendent shall perform the
3485	following:
3486	(2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and
3487	recommend to the district school board for adoption a salary
3488	schedule or salary schedules. The district school superintendent
3489	must recommend a salary schedule for instructional personnel
3490	which bases a portion of each employee's compensation on
3491	performance demonstrated under s. 1012.34. In developing the
3492	recommended salary schedule, the district school superintendent
3493	shall include input from parents, teachers, and representatives
3494	of the business community. Beginning with the 2005-2006 2004-
3495	2005 academic year, the recommended salary schedule for
3496	classroom teachers shall be consistent with the district's
3497	differentiated-pay policy career ladder based upon s. 1012.2312
3498	1012.231.
3499	Section 53.  Paragraph (a) of subsection (3) of section
3500	1012.34, Florida Statutes, is amended to read:
3501	1012.34  Assessment procedures and criteria.--
3502	(3)  The assessment procedure for instructional personnel
3503	and school administrators must be primarily based on the
3504	performance of students assigned to their classrooms or schools,
3505	as appropriate. Pursuant to this section, a school district's
3506	performance assessment is not limited to basing unsatisfactory
3507	performance of instructional personnel and school administrators
3508	upon student performance, but may include other criteria
3509	approved to assess instructional personnel and school
3510	administrators' performance, or any combination of student
3511	performance and other approved criteria. The procedures must
3512	comply with, but are not limited to, the following requirements:
3513	(a)  An assessment must be conducted for each employee at
3514	least once a year. The assessment must be based upon sound
3515	educational principles and contemporary research in effective
3516	educational practices. The assessment must primarily use data
3517	and indicators of improvement in student performance assessed
3518	annually as specified in s. 1008.22 and may consider results of
3519	peer reviews in evaluating the employee's performance. Student
3520	performance must be measured by state assessments required under
3521	s. 1008.22 and by local assessments for subjects and grade
3522	levels not measured by the state assessment program. The
3523	assessment criteria must include, but are not limited to,
3524	indicators that relate to the following:
3525	1.  Performance of students.
3526	2.  Ability to maintain appropriate discipline.
3527	3.  Knowledge of subject matter. The district school board
3528	shall make special provisions for evaluating teachers who are
3529	assigned to teach out-of-field.
3530	4.  Ability to plan and deliver instruction, including
3531	implementation of the rigorous reading requirement pursuant to
3532	s. 1003.415, when applicable, and the use of technology in the
3533	classroom.
3534	5.  Ability to evaluate instructional needs.
3535	6.  Ability to establish and maintain a positive
3536	collaborative relationship with students' families to increase
3537	student achievement.
3538	7.  Other professional competencies, responsibilities, and
3539	requirements as established by rules of the State Board of
3540	Education and policies of the district school board.
3541	Section 54.  Section 1012.986, Florida Statutes, is created
3542	to read:
3543	1012.986  A+ Professional Development Program for School
3544	Leaders.--
3545	(1)  ESTABLISHMENT.--There is established the A+
3546	Professional Development Program for School Leaders, a
3547	high-quality, competency-based, customized, comprehensive, and
3548	coordinated statewide professional development program that is
3549	aligned with the leadership standards for school leaders adopted
3550	by the State Board of Education. The program shall be
3551	administered by the Department of Education and shall provide
3552	leadership training opportunities for school leaders to enable
3553	them to be more effective instructional leaders, especially in
3554	the area of reading. The program shall provide school leaders
3555	with the opportunity to attain a school leadership designation
3556	pursuant to subsection (3).
3557	(2)  DEFINITION.--As used in this section, the term "school
3558	leader" means a school principal or assistant principal holding
3559	a valid Florida certificate in educational leadership.
3560	(3)  DESIGNATIONS.--The Department of Education shall
3561	develop criteria for designating high-performing school leaders
3562	as A+ Emerging School Leaders, A+ High-Performing School
3563	Leaders, or A+ Sterling School Leaders. The criteria must
3564	emphasize student learning gains, especially in high schools.
3565	(4)  PROGRAM REQUIREMENTS.--
3566	(a)  The program shall be based upon the leadership
3567	standards adopted by the State Board of Education, the standards
3568	of the National Staff Development Council, and the federal
3569	requirements for high-quality professional development under the
3570	No Child Left Behind Act of 2001.
3571	(b)  The program shall provide a competency-based approach
3572	that utilizes prediagnostic and postdiagnostic evaluations that
3573	shall be used to create an individualized professional
3574	development plan approved by the district school superintendent.
3575	The plan shall be structured to support the school leader's
3576	attainment of the leadership standards adopted by the State
3577	Board of Education.
3578	(c)  The program shall incorporate instructional leadership
3579	training and effective business practices for efficient school
3580	operations in school leadership training.
3581	(5)  DELIVERY SYSTEM.--The Department of Education shall
3582	deliver the program through multiple delivery systems,
3583	including:
3584	(a)  Approved school district training programs.
3585	(b)  Interactive technology-based instruction.
3586	(c)  State, regional, or local leadership academies.
3587	(6)  RULES.--The State Board of Education shall adopt rules
3588	pursuant to ss. 120.536(1) and 120.54 to implement the
3589	provisions of this section.
3590	Section 55.  Section 1012.987, Florida Statutes, is
3591	repealed.
3592	Section 56.  Section 1013.381, Florida Statutes, is created
3593	to read:
3594	1013.381  Indoor environmental quality.--
3595	(1)  Each district school board shall adopt and implement
3596	an indoor environmental quality policy which shall provide
3597	procedures for periodic surveys of indoor environmental quality
3598	issues. The policy may:
3599	(a)  Be developed and implemented in accordance with the
3600	United States Environmental Protection Agency's Indoor Air
3601	Quality Tools for Schools Program through which training and
3602	materials shall be provided by the United States Environmental
3603	Protection Agency at no cost to a school or school district.
3604	(b)  Require that the school district provide, monitor, and
3605	maintain indoor environmental condition performance in
3606	accordance with American Society of Heating, Refrigerating and
3607	Air-Conditioning Engineers (ASHRAE) Standard 62.
3608	(c)  Require that educational facilities be certified
3609	semiannually by a professional engineer as meeting ASHRAE
3610	Standard 62. Upon certification, the school district shall be
3611	indemnified for the life of the certificate from liability
3612	related to indoor environmental quality. A school district shall
3613	provide a copy of the engineer's certification to the
3614	Commissioner of Education.
3615	(2)  Each school participating in the Indoor Air Quality
3616	Tools for Schools Program training must display its certificate
3617	of completion in a conspicuous manner.
3618	(3)  The State Board of Education shall adopt rules to
3619	implement the provisions of this section.
3620	Section 57.  Subsection (6) of section 1013.512, Florida
3621	Statutes, is amended to read:
3622	1013.512  Land Acquisition and Facilities Advisory Board.--
3623	(6)  Upon certification by the advisory board that
3624	corrective action has been taken, the Legislative Budget
3625	Commission shall release all funds remaining in reserve. Upon
3626	such release, each Land Acquisition and Facilities Advisory
3627	Board shall be disbanded.
3628	Section 58.  Charter School Task Force.--
3629	(1)  The Charter School Task Force is established to study
3630	and make recommendations regarding charter schools in the state.
3631	(2)  The task force shall, at a minimum:
3632	(a)  Review current application and sponsorship procedures
3633	used throughout the state for the approval of charter schools.
3634	(b)  Examine the sponsorship and organizational structure
3635	of charter schools in other states.
3636	(c)  Investigate alternative means available in the state
3637	to implement changes in the sponsorship of charter schools.
3638	(d)  Review capital outlay funding for charter schools.
3639	(e)  Determine the necessity and most effective methods for
3640	the State Board of Education to sanction school districts and
3641	charter schools for violation of charter school procedural
3642	requirements.
3643	(f)  Conduct meetings throughout the state to receive
3644	public input and consider policy recommendations on issues
3645	related to charter schools.
3646	(g)  Issue a final report and recommendations by December
3647	31, 2005, to the Governor, the President of the Senate, and the
3648	Speaker of the House of Representatives.
3649	(3)  The task force shall consist of:
3650	(a)  Up to four members of the House of Representatives
3651	appointed by the Speaker of the House of Representatives.
3652	(b)  Up to four members of the Senate appointed by the
3653	President of the Senate.
3654	(c)  Five charter school stakeholders appointed by the
3655	Governor. The members shall include a representative of a
3656	charter school, a representative of a school district, a
3657	representative of a statewide association, and a representative
3658	with experience in charter school law and may include the
3659	Commissioner of Education or his or her designee.
3660	(4)  The Governor shall appoint the chair of the task force
3661	from among the appointed members.
3662	(5)  Task force members shall serve without compensation
3663	but are entitled to reimbursement, pursuant to s. 112.061,
3664	Florida Statutes, for per diem and travel expenses incurred in
3665	the performance of their official duties.
3666	(6)  The Department of Education shall provide staff
3667	support for the task force.
3668	Section 59.  If any provision of this act or the
3669	application thereof to any person or circumstance is held
3670	invalid, the invalidity shall not affect other provisions or
3671	applications of the act which can be given effect without the
3672	invalid provision or application and, to this end, the
3673	provisions of this act are declared severable.
3674	Section 60.  This act shall take effect upon becoming a
3675	law, except that ss. 1003.035, 1011.6855 and 1012.2305, Florida
3676	Statutes, as created by this act, shall take effect on the
3677	effective date of an amendment to s.1, Art. IX of the State
3678	Constitution approved by the electors that requires district
3679	average maximum class sizes and minimum pay for teachers.

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