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. s.
59	1002.395, F.S.; establishing the K-12 GI Bill Program to
60	provide educational options for dependents of an active-
61	duty member of the Florida National Guard who is serving
62	in Operation Enduring Freedom or Operation Iraqi Freedom;
63	providing that a student may attend a public school in the
64	school district other than the one to which assigned;
65	providing that a student may receive a K-12 GI Bill to
66	attend a public school in an adjacent school district or
67	to attend a private school; amending s. 1002.20, F.S.,
68	relating to student and parent rights to educational
69	choice, to conform; creating s. 1002.421, F.S., relating
70	to rights and obligations of private schools participating
71	in state school choice scholarship programs; providing
72	requirements for participation in a scholarship program,
73	including compliance with specified state, local, and
74	federal laws and demonstration of fiscal soundness;
75	requiring restrictive endorsement of checks and
76	prohibiting a school from acting as attorney in fact;
77	requiring employment of qualified teachers and background
78	screening of individuals with direct student contact;
79	requiring adoption of rules; amending s. 1003.01, F.S.;
80	revising definition of the term "special education
81	services"; amending s. 1003.03, F.S.; modifying
82	implementation provisions relating to constitutional class
83	size requirements; creating s. 1003.035, F.S.; providing
84	class size requirements based on district average
85	contingent upon constitutional amendment; providing
86	implementation and calculation requirements; specifying
87	options to meet class size requirements; authorizing
88	transfer of funds for class size reduction; requiring
89	certain actions by school districts not in compliance;
90	requiring constitutional compliance plans in certain
91	instances; amending s. 1003.05, F.S.; deleting the
92	requirement that certain children receive preference for
93	admission to special academic programs even if maximum
94	enrollment has been reached; removing charter schools from
95	the definition of special academic programs; creating s.
96	1003.413, F.S.; requiring each school district to
97	establish policies to assist high school students to
98	remain in school, graduate on time, and be prepared for
99	postsecondary education and the workplace; directing the
100	Commissioner of Education to create and implement the
101	Challenge High School Recognition Program; creating the
102	High School Reform Task Force and providing for
103	appointment of members; requiring recommendation of a
104	long-term plan relating to high school reform and
105	specifying items to be addressed; providing for
106	termination of the task force; amending s. 1003.415, F.S.;
107	providing the mission of middle grades; deleting the
108	rigorous reading requirement for middle grade students;
109	deleting obsolete language relating to a department study;
110	creating s. 1003.4155, F.S.; specifying the grading scale
111	for grades 6 through 8; creating s. 1003.4156, F.S.;
112	specifying general requirements for middle school
113	promotion; requiring an intensive reading course under
114	certain circumstances; defining an academic credit;
115	requiring school district policies and authorizing
116	alternative methods for progression; requiring adoption of
117	rules for alternative promotion standards; amending s.
118	1003.42, F.S.; revising provisions relating to required
119	instruction and courses of study in the public schools;
120	including study of the history of the United States and
121	free enterprise; amending s. 1003.43, F.S., relating to
122	general requirements for high school graduation; including
123	study of the Declaration of Independence in the credit
124	requirement for American government; amending s. 1003.57,
125	F.S.; providing guidelines for determining the residency
126	of an exceptional student with a disability who resides in
127	a residential facility and receives special instruction or
128	services; requiring the placing authority in a parent's
129	state of residence to pay the cost of such instruction,
130	facilities, and services for a nonresident exceptional
131	student with a disability; providing requirements of the
132	department and school districts with respect to financial
133	obligations; providing responsibilities of residential
134	facilities that educate exceptional students with
135	disabilities; providing applicability; defining the term
136	"parent" for purposes of the section; authorizing adoption
137	of rules; creating s. 1003.575, F.S.; requiring the
138	department to coordinate the development of an individual
139	education plan form for use in developing and implementing
140	individual education plans for exceptional students;
141	requiring the form to be available to school districts to
142	facilitate the use of an individual education plan when a
143	student transfers; amending s. 1003.58, F.S.; correcting a
144	cross reference; amending s. 1003.62, F.S.; conforming
145	provisions relating to the designation of school grades
146	and differentiated-pay policies; amending ss. 1005.22 and
147	1007.33, F.S.; conforming provisions relating to the
148	repeal of the Council for Education Policy Research and
149	Improvement; amending s. 1008.22, F.S.; specifying grade
150	level and subject area testing requirements; requiring the
151	State Board of Education to conduct concordance studies to
152	determine FCAT equivalencies for high school graduation;
153	deleting a limitation on and specifying requirements for
154	the use of alternative assessments to the grade 10 FCAT;
155	requiring an annual report on student performance;
156	amending s. 1008.25, F.S.; authorizing district school
157	boards to require low-performing students to attend
158	remediation programs outside of regular school hours;
159	requiring the department to establish a uniform format for
160	reporting information relating to student progression;
161	requiring an annual report; repealing s. 1008.301, F.S.,
162	relating to a concordance study of FCAT equivalencies for
163	high school graduation; amending s. 1008.31, F.S.;
164	deleting provisions relating to performance-based funding;
165	revising goals and measures of the K-20 performance
166	accountability system and requiring data quality
167	improvement; providing for development of reporting and
168	data collection requirements; requiring adoption of rules;
169	amending s. 1008.33, F.S.; conforming provisions relating
170	to the designation of school grades and a cross reference;
171	authorizing district school boards to transfer teachers,
172	faculty, and staff as needed; amending s. 1008.34, F.S.;
173	revising terminology and provisions relating to
174	designation and determination of school grades; specifying
175	use of assessment data with respect to alternative
176	schools; defining the term "home school"; requiring an
177	annual school report card to be published by the
178	department and distributed by school districts; creating
179	s. 1008.341, F.S.; requiring improvement ratings for
180	certain alternative schools; providing the basis for such
181	ratings and requiring annual performance reports;
182	providing for determination of school improvement ratings,
183	identification of learning gains, and eligibility for
184	school recognition awards; requiring an annual report card
185	to be developed by the department and distributed by
186	school districts; requiring adoption of rules; amending s.
187	1008.345, F.S.; conforming provisions relating to the
188	designation of school grades and a cross reference;
189	amending s. 1008.36, F.S.; providing for assignment of
190	school grades to certain feeder pattern schools that do
191	not receive such a grade for purposes of participation in
192	the Florida School Recognition Program; defining feeder
193	school pattern; providing that a feeder pattern school
194	shall be subject to the Opportunity Scholarship Program;
195	modifying procedures for determination and use of school
196	recognition awards; amending s. 1008.45, F.S.; conforming
197	provisions relating to the repeal of the Council for
198	Education Policy Research and Improvement; repealing s.
199	1008.51, F.S., relating to the Council for Education
200	Policy Research and Improvement; amending s. 1011.62,
201	F.S.; providing FTE funding for juveniles enrolled in a
202	specified education program; providing funding for
203	supplemental educational services for certain students;
204	conforming cross references and provisions relating to the
205	designation of school grades; establishing a research-
206	based reading instruction allocation to provide funds for
207	a comprehensive reading instruction system; requiring
208	school district plans for use of the allocation and
209	approval thereof; including the allocation in the total
210	amount allocated to each school district for current
211	operation; amending s. 1011.64, F.S.; conforming
212	terminology and cross references; amending s. 1011.685,
213	F.S.; conforming provisions relating to the repeal of the
214	BEST Florida Teaching salary career ladder program and
215	implementation of a differentiated-pay policy; creating s.
216	1011.6855, F.S.; creating an operating categorical fund to
217	fund minimum pay requirements for certain instructional
218	personnel contingent upon constitutional amendment;
219	amending s. 1011.71, F.S.; correcting a cross reference;
220	amending s. 1012.21, F.S.; requiring the department to
221	annually post online school district collective bargaining
222	contracts; amending s. 1012.22, F.S.; deleting a
223	requirement that each district school board adopt a
224	performance-pay policy; requiring each district school
225	board to annually provide its negotiated collective
226	bargaining contract to the department; creating s.
227	1012.2305, F.S.; establishing minimum pay for certain
228	instructional personnel contingent upon constitutional
229	amendment; repealing s. 1012.231, F.S., relating to the
230	BEST Florida Teaching salary career ladder program;
231	creating s. 1012.2312, F.S.; requiring each district
232	school board to adopt a differentiated-pay policy for
233	instructional personnel; providing factors on which
234	differentiated pay shall be based; authorizing funds to be
235	withheld from school districts under certain
236	circumstances; creating s. 1012.2313, F.S.; requiring each
237	district school board to have a differentiated-pay policy
238	for school administrators; providing factors on which
239	differentiated pay shall be based; authorizing funds to be
240	withheld from school districts under certain
241	circumstances; creating s. 1012.2315, F.S.; providing
242	school district requirements for the assignment of
243	teachers and authorizing incentives; providing procedures
244	for noncompliance; providing requirements relating to
245	collective bargaining; amending s. 1012.27, F.S.;
246	conforming provisions relating to the repeal of the BEST
247	Florida Teaching salary career ladder program and
248	implementation of a differentiated-pay policy; amending s.
249	1012.34, F.S.; conforming provisions relating to deletion
250	of a rigorous reading requirement; creating s. 1012.986,
251	F.S.; establishing the A+ Professional Development Program
252	for School Leaders; defining the term "school leader";
253	establishing school leadership designations; providing
254	program requirements and delivery systems; requiring
255	adoption of rules; repealing s. 1012.987, F.S., relating
256	to rules for a leadership designation; creating s.
257	1013.381, F.S.; requiring each district school board to
258	adopt and implement an indoor environmental quality policy
259	which provides for periodic surveys; providing that the
260	policy may include certain requirements; providing for
261	indemnification under certain circumstances; requiring
262	display of indoor environmental quality training
263	completion; requiring adoption of rules; amending s.
264	1013.512, F.S.; requiring the release of funds remaining
265	in reserve relating to school district land acquisition
266	and facilities operations; specifying when a Land
267	Acquisition and Facilities Advisory Board shall be
268	disbanded; establishing the Charter School Task Force and
269	specifying composition and duties; requiring the
270	department to provide staff support to the task force;
271	providing severability; providing effective dates.
272
273	WHEREAS, students will have the best opportunity to obtain
274	a high-quality education in the public education system of this
275	state, and that system can best be enhanced, when resources are
276	allocated efficiently and are concentrated to enhance a safe,
277	secure, and disciplined classroom learning environment, when
278	teachers and principals are supported, when high-quality
279	education is reinforced through shared high academic
280	expectations, and when successes are rewarded, failures are
281	identified, and the public is apprised of both successes and
282	failures, NOW, THEREFORE,
283
284	Be It Enacted by the Legislature of the State of Florida:
285
286	Section 1.  Paragraph (f) is added to subsection (3) of
287	section 20.15, Florida Statutes, to read:
288	20.15  Department of Education.--There is created a
289	Department of Education.
290	(3)  DIVISIONS.--The following divisions of the Department
291	of Education are established:
292	(f)  Division of Accountability, Research, and Measurement.
293	Section 2.  Paragraph (a) of subsection (5) of section
294	1000.01, Florida Statutes, is amended to read:
295	1000.01  The Florida K-20 education system; technical
296	provisions.--
297	(5)  EDUCATION GOVERNANCE TRANSFERS.--
298	(a)  Effective July 1, 2001:
299	1.  The Board of Regents is abolished.
300	2.  All of the powers, duties, functions, records,
301	personnel, and property; unexpended balances of appropriations,
302	allocations, and other funds; administrative authority;
303	administrative rules; pending issues; and existing contracts of
304	the Board of Regents are transferred by a type two transfer,
305	pursuant to s. 20.06(2), to the State Board of Education.
306	3.  The State Board of Community Colleges is abolished.
307	4.  All of the powers, duties, functions, records,
308	personnel, and property; unexpended balances of appropriations,
309	allocations, and other funds; administrative authority;
310	administrative rules; pending issues; and existing contracts of
311	the State Board of Community Colleges are transferred by a type
312	two transfer, pursuant to s. 20.06(2), from the Department of
313	Education to the State Board of Education.
314	5.  The Postsecondary Education Planning Commission is
315	abolished.
316	6.  The Council for Education Policy Research and
317	Improvement is created as an independent office under the Office
318	of Legislative Services.
319	7.  All personnel, unexpended balances of appropriations,
320	and allocations of the Postsecondary Education Planning
321	Commission are transferred to the Council for Education Policy
322	Research and Improvement.
323	6.8.  The Articulation Coordinating Committee and the
324	Education Standards Commission are transferred by a type two
325	transfer, pursuant to s. 20.06(2), from the Department of
326	Education to the State Board of Education.
327	Section 3.  Subsection (1) of section 1001.03, Florida
328	Statutes, is amended to read:
329	1001.03  Specific powers of State Board of Education.--
330	(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
331	Board of Education shall approve the student performance
332	standards known as the Sunshine State Standards in key academic
333	subject areas and grade levels. The state board shall
334	periodically review the standards to ensure adequate rigor,
335	logical student progression, and articulation from grade to
336	grade and evaluate the extent to which the standards are being
337	taught at each grade level. The evaluation shall be provided to
338	the Governor, the Speaker of the House of Representatives, and
339	the President of the Senate and shall include a determination of
340	each district school board's provision of a complete education
341	program pursuant to s. 1001.41(3).
342	Section 4.  Paragraph (a) of subsection (2) of section
343	1001.11, Florida Statutes, is amended to read:
344	1001.11  Commissioner of Education; other duties.--
345	(2)(a)  The Commissioner of Education shall recommend to
346	the State Board of Education performance goals addressing the
347	educational needs of the state for the K-20 education system.
348	The Department of Council for Education Policy Research and
349	Improvement, as an independent entity, shall develop a report
350	card assigning grades to indicate Florida's progress toward
351	meeting those goals. The annual report card shall contain
352	information showing Florida's performance relative to other
353	states on selected measures, as well as Florida's ability to
354	meet the need for postsecondary degrees and programs and how
355	well the Legislature has provided resources to meet this need.
356	The information shall include the results of the National
357	Assessment of Educational Progress or a similar national
358	assessment program administered to students in Florida. By
359	January 1 of each year, the department Council for Education
360	Policy Research and Improvement shall submit the report card to
361	the Legislature, the Governor, and the public.
362	Section 5.  Section 1001.215, Florida Statutes, is created
363	to read:
364	1001.215  Just Read, Florida! Office.--There is created in
365	the Department of Education the Just Read, Florida! Office. The
366	office shall:
367	(1)  Train professionally certified teachers to become
368	certified reading coaches.
369	(2)  Create multiple designations of effective reading
370	instruction, with accompanying credentials, that encourage all
371	teachers to integrate reading instruction into their content
372	areas.
373	(3)  Train K-12 teachers, school principals, and parents on
374	research-based reading instruction strategies.
375	(4)  Provide technical assistance to school districts in
376	the development and implementation of district plans for use of
377	the research-based reading instruction allocation provided in s.
378	1011.62(8) and annually review and approve such plans.
379	(5)  Work with the Florida Center for Reading Research to
380	provide information on research-based reading programs.
381	(6)  Periodically review the Sunshine State Standards for
382	reading at all grade levels.
383	(7)  Periodically review teacher certification examinations
384	to ensure that the examinations measure necessary skills in
385	research-based reading instructional strategies.
386	(8)  Work with teacher preparation programs approved
387	pursuant to s. 1004.04 to ensure integration of research-based
388	reading instructional strategies into teacher preparation
389	programs.
390	(9)  Administer grants and perform other functions
391	necessary to assist with meeting the goal that all students read
392	at grade level.
393	Section 6.  Subsection (3) of section 1001.41, Florida
394	Statutes, is amended to read:
395	1001.41  General powers of district school board.--The
396	district school board, after considering recommendations
397	submitted by the district school superintendent, shall exercise
398	the following general powers:
399	(3)  Prescribe and adopt standards and policies to provide
400	each student the opportunity to receive a complete education
401	program, including language arts, mathematics, science, social
402	studies, health, physical education, foreign languages, and the
403	arts as defined by the Sunshine State Standards pursuant to s.
404	1001.03(1) as are considered desirable by it for improving the
405	district school system.
406	Section 7.  Subsection (16), paragraph (d) of subsection
407	(17), and subsection (18) of section 1001.42, Florida Statutes,
408	are amended to read:
409	1001.42  Powers and duties of district school board.--The
410	district school board, acting as a board, shall exercise all
411	powers and perform all duties listed below:
412	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
413	ACCOUNTABILITY.--Maintain a system of school improvement and
414	education accountability as provided by statute and State Board
415	of Education rule. This system of school improvement and
416	education accountability shall be consistent with, and
417	implemented through, the district's continuing system of
418	planning and budgeting required by this section and ss.
419	1008.385, 1010.01, and 1011.01. This system of school
420	improvement and education accountability shall include, but is
421	not limited to, the following:
422	(a)  School improvement plans.--Annually approve and
423	require implementation of a new, amended, or continuation school
424	improvement plan for each school in the district, except that a
425	district school board may establish a district school
426	improvement plan that includes all schools in the district
427	operating for the purpose of providing educational services to
428	youth in Department of Juvenile Justice programs. Such plan
429	shall be designed to achieve the state education priorities
430	pursuant to s. 1000.03(5) and student performance standards. In
431	addition, any school required to implement a rigorous reading
432	requirement pursuant to s. 1003.415 must include such component
433	in its school improvement plan. Each plan shall also address
434	issues relative to budget, training, instructional materials,
435	technology, staffing, student support services, specific school
436	safety and discipline strategies, student health and fitness,
437	including physical fitness, parental information on student
438	health and fitness, and indoor environmental air quality, and
439	other matters of resource allocation, as determined by district
440	school board policy, and shall be based on an analysis of
441	student achievement and other school performance data.
442	(b)  School improvement plan requirements.--Each district
443	school board's system of school improvement and student
444	progression must be designed to provide frequent and accurate
445	information to the teacher and student regarding each student's
446	progress toward mastering the Sunshine State Standards. The
447	system must demonstrate the alignment of the Sunshine State
448	Standards, instructional strategies, assessment, and
449	professional development. Each school improvement plan must
450	identify the strategies for monitoring the progress of each
451	student. The process used by each school to monitor student
452	progression must, at a minimum, contain the following components
453	that are aimed at increasing student achievement:
454	1.  Disaggregated student achievement data related to
455	student performance which is used to identify each individual
456	student's strengths and weaknesses and to determine the
457	effectiveness of the teaching and learning strategies that are
458	being used in the classroom.
459	2.  The Sunshine State Standards instructional calendar and
460	timeline, using disaggregated student performance data to focus
461	instruction on the Sunshine State Standards, manage
462	instructional time, and allocate resources.
463	3.  Prioritized instructional focus to facilitate explicit
464	and systematic instruction using research-based effective
465	practices in the classroom.
466	4.  Mini-assessments of targeted Sunshine State Standards
467	benchmarks to monitor student progress and generate data to
468	redesign instruction, if needed.
469	5.  Alternative in-school, tutorial, remediation, or
470	enrichment strategies for students which are based on each
471	student's individual academic needs as defined by the mini-
472	assessments.
473	6.  Systematic monitoring of each teacher's implementation
474	of the comprehensive program for student progression as
475	described in subparagraphs 1.-5.
476	(c)(b)  Approval process.--Develop a process for approval
477	of a school improvement plan presented by an individual school
478	and its advisory council. In the event a district school board
479	does not approve a school improvement plan after exhausting this
480	process, the Department of Education shall be notified of the
481	need for assistance.
482	(d)(c)  Assistance and intervention.--
483	1.  Develop a 2-year plan of increasing individualized
484	assistance and intervention for each school in danger of not
485	meeting state standards or making adequate progress, as defined
486	pursuant to statute and State Board of Education rule, toward
487	meeting the goals and standards of its approved school
488	improvement plan.
489	2.  Provide assistance and intervention to a school that is
490	designated with a identified as being in performance grade of
491	category "D" pursuant to s. 1008.34 and is in danger of failing.
492	3.  Develop a plan to encourage teachers with demonstrated
493	mastery in improving student performance to remain at or
494	transfer to a school designated with a as performance grade of
495	category "D" or "F" or to an alternative school that serves
496	disruptive or violent youths. If a classroom teacher, as defined
497	by s. 1012.01(2)(a), who meets the definition of teaching
498	mastery developed according to the provisions of this paragraph,
499	requests assignment to a school designated with a as performance
500	grade of category "D" or "F" or to an alternative school that
501	serves disruptive or violent youths, the district school board
502	shall make every practical effort to grant the request.
503	4.  Prioritize, to the extent possible, the expenditures of
504	funds received from the supplemental academic instruction
505	categorical fund under s. 1011.62(1)(f) to improve student
506	performance in schools that receive a performance grade category
507	designation of "D" or "F."
508	(e)(d)  After 2 years.--Notify the Commissioner of
509	Education and the State Board of Education in the event any
510	school does not make adequate progress toward meeting the goals
511	and standards of a school improvement plan by the end of 2 years
512	of failing to make adequate progress and proceed according to
513	guidelines developed pursuant to statute and State Board of
514	Education rule. School districts shall provide intervention and
515	assistance to schools in danger of being designated with a as
516	performance grade of category "F," failing to make adequate
517	progress.
518	(f)(e)  Public disclosure.--Provide information regarding
519	performance of students and educational programs as required
520	pursuant to ss. 1008.22 and 1008.385 and implement a system of
521	school reports as required by statute and State Board of
522	Education rule that shall include schools operating for the
523	purpose of providing educational services to youth in Department
524	of Juvenile Justice programs, and for those schools, report on
525	the elements specified in s. 1003.52(19). Annual public
526	disclosure reports shall be in an easy-to-read report card
527	format and shall include the school's student and school
528	performance grade category designation and performance data as
529	specified in state board rule.
530	(g)(f)  School improvement funds.--Provide funds to schools
531	for developing and implementing school improvement plans. Such
532	funds shall include those funds appropriated for the purpose of
533	school improvement pursuant to s. 24.121(5)(c).
534	(17)  LOCAL-LEVEL DECISIONMAKING.--
535	(d)  Adopt policies that assist in giving greater autonomy,
536	including authority over the allocation of the school's budget,
537	to schools designated with a as performance grade of category
538	"A," making excellent progress, and schools rated as having
539	improved at least two grades performance grade categories.
540	(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
541	students attending schools that have been designated with a as
542	performance grade of category "F," failing to make adequate
543	progress, for 2 school years in a 4-year period to attend a
544	higher performing school in the district or an adjoining
545	district or be granted a state opportunity scholarship to a
546	private school, in conformance with s. 1002.38 and State Board
547	of Education rule.
548	Section 8.  Paragraph (d) of subsection (3) and paragraphs
549	(a) and (b) of subsection (6) of section 1002.20, Florida
550	Statutes, are amended to read:
551	1002.20  K-12 student and parent rights.--Parents of public
552	school students must receive accurate and timely information
553	regarding their child's academic progress and must be informed
554	of ways they can help their child to succeed in school. K-12
555	students and their parents are afforded numerous statutory
556	rights including, but not limited to, the following:
557	(3)  HEALTH ISSUES.--
558	(d)  Reproductive health and disease education.--A public
559	school student whose parent makes written request to the school
560	principal shall be exempted from the teaching of reproductive
561	health or any disease, including HIV/AIDS, in accordance with
562	the provisions of s. 1003.42(4)(3).
563	(6)  EDUCATIONAL CHOICE.--
564	(a)  Public school choices.--Parents of public school
565	students may seek whatever public school choice options that are
566	applicable to their students and are available to students in
567	their school districts. These options may include controlled
568	open enrollment, lab schools, charter schools, charter technical
569	career centers, magnet schools, alternative schools, special
570	programs, advanced placement, dual enrollment, International
571	Baccalaureate, early admissions, credit by examination or
572	demonstration of competency, the New World School of the Arts,
573	the Florida School for the Deaf and the Blind, and the Florida
574	Virtual School. These options may also include the public school
575	choice options of the Opportunity Scholarship Program, and the
576	McKay Scholarships for Students with Disabilities Program, and
577	the Reading Compact Scholarship Program.
578	(b)  Private school choices.--Parents of public school
579	students may seek private school choice options under certain
580	programs.
581	1.  Under the Opportunity Scholarship Program, the parent
582	of a student in a failing public school may request and receive
583	an opportunity scholarship for the student to attend a private
584	school in accordance with the provisions of s. 1002.38.
585	2.  Under the McKay Scholarships for Students with
586	Disabilities Program, the parent of a public school student with
587	a disability who is dissatisfied with the student's progress may
588	request and receive a McKay Scholarship for the student to
589	attend a private school in accordance with the provisions of s.
590	1002.39.
591	3.  Under the corporate income tax credit scholarship
592	program, the parent of a student who qualifies for free or
593	reduced-price school lunch may seek a scholarship from an
594	eligible nonprofit scholarship-funding organization in
595	accordance with the provisions of s. 220.187.
596	4.  Under the Reading Compact Scholarship Program, the
597	parent of a student with reading deficiencies may request and
598	receive a Reading Compact Scholarship for the student to attend
599	a private school in accordance with the provisions of s.
600	1002.385.
601	Section 9.  Subsection (2) and paragraphs (a) and (b) of
602	subsection (3) of section 1002.38, Florida Statutes, are amended
603	to read:
604	1002.38  Opportunity Scholarship Program.--
605	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school
606	student's parent may request and receive from the state an
607	opportunity scholarship for the student to enroll in and attend
608	a private school in accordance with the provisions of this
609	section if:
610	(a)1.  By assigned school attendance area or by special
611	assignment, the student has spent the prior school year in
612	attendance at a public school that has been designated pursuant
613	to s. 1008.34 with a as performance grade of category "F,"
614	failing to make adequate progress, and that has had 2 school
615	years in a 4-year period of such low performance, and the
616	student's attendance occurred during a school year in which such
617	designation was in effect;
618	2.  The student has been in attendance elsewhere in the
619	public school system and has been assigned to such school for
620	the next school year; or
621	3.  The student is entering kindergarten or first grade and
622	has been notified that the student has been assigned to such
623	school for the next school year.
624	(b)  The parent has obtained acceptance for admission of
625	the student to a private school eligible for the program
626	pursuant to subsection (4), and has notified the Department of
627	Education and the school district of the request for an
628	opportunity scholarship no later than August July 1 of the first
629	year in which the student intends to use the scholarship.
630
631	The provisions of this section shall not apply to a student who
632	is enrolled in a school operating for the purpose of providing
633	educational services to youth in Department of Juvenile Justice
634	commitment programs. For purposes of continuity of educational
635	choice, the opportunity scholarship shall remain in force until
636	the student returns to a public school or, if the student
637	chooses to attend a private school the highest grade of which is
638	grade 8, until the student matriculates to high school and the
639	public high school to which the student is assigned is an
640	accredited school with a performance grade category designation
641	of "C" or better. However, at any time upon reasonable notice to
642	the Department of Education and the school district, the
643	student's parent may remove the student from the private school
644	and place the student in a public school, as provided in
645	subparagraph (3)(a)2.
646	(3)  SCHOOL DISTRICT OBLIGATIONS.--
647	(a)  A school district shall, for each student enrolled in
648	or assigned to a school that has been designated with a as
649	performance grade of category "F" for 2 school years in a 4-year
650	period:
651	1.  Timely notify the parent of the student as soon as such
652	designation is made of all options available pursuant to this
653	section.
654	2.  Offer that student's parent an opportunity to enroll
655	the student in the public school within the district that has
656	been designated by the state pursuant to s. 1008.34 as a school
657	performing higher than that in which the student is currently
658	enrolled or to which the student has been assigned, but not less
659	than performance grade category "C." The parent is not required
660	to accept this offer in lieu of requesting a state opportunity
661	scholarship to a private school. The opportunity to continue
662	attending the higher performing public school shall remain in
663	force until the student graduates from high school.
664	(b)  The parent of a student enrolled in or assigned to a
665	school that has been designated with a performance grade of
666	category "F" for 2 school years in a 4-year period may choose as
667	an alternative to enroll the student in and transport the
668	student to a higher-performing public school that has available
669	space in an adjacent school district, and that school district
670	shall accept the student and report the student for purposes of
671	the district's funding pursuant to the Florida Education Finance
672	Program.
673	Section 10.  Section 1002.385, Florida Statutes, is created
674	to read:
675	1002.385  Reading Compact Scholarship Program.--
676	(1)  READING COMPACT SCHOLARSHIP PROGRAM.--The Reading
677	Compact Scholarship Program is established to offer the parent
678	of a student who has not attained reading proficiency above
679	Level 1 on FCAT Reading an educational choice to further the
680	student's progress in reading. The scholarship program shall
681	provide students who have scored at Level 1 on FCAT Reading for
682	2 of the previous 3 years the option to attend a public or
683	private school of choice.
684	(2)  READING COMPACT SCHOLARSHIP ELIGIBILITY.--The parent
685	of a public school student may request and receive from the
686	state a Reading Compact Scholarship for the student to enroll in
687	and attend a private school in accordance with the provisions of
688	this section if:
689	(a)  The student scored at Level 1 on FCAT Reading for 2 of
690	the previous 3 years. However, a student who scored at Level 1
691	on grade 10 FCAT Reading is not eligible for a Reading Compact
692	Scholarship.
693	(b)  The parent has obtained acceptance for admission of
694	the student to a private school eligible to participate in the
695	scholarship program pursuant to subsection (8) and has requested
696	from the Department of Education a Reading Compact Scholarship
697	no later than 60 days prior to the date of the first scholarship
698	payment. The parental request must be through a communication
699	directly to the department in a manner that creates a written or
700	electronic record of the request and the date of receipt of the
701	request.
702	(3)  READING COMPACT SCHOLARSHIP PROHIBITIONS.--A student
703	shall not use a Reading Compact Scholarship while he or she is:
704	(a)  Enrolled in a school operating for the purpose of
705	providing educational services to youth in Department of
706	Juvenile Justice commitment programs.
707	(b)  Receiving a scholarship from an eligible nonprofit
708	scholarship-funding organization under s. 220.187.
709	(c)  Already receiving an educational scholarship pursuant
710	to this chapter.
711	(d)  Participating in a home education program as defined
712	in s. 1002.01(1).
713	(e)  Participating in a private tutoring program pursuant
714	to s. 1002.43.
715	(f)  Participating in a virtual school, correspondence
716	school, or distance learning program that receives state funding
717	pursuant to the student's participation.
718	(g)  Enrolled in the Florida School for the Deaf and the
719	Blind.
720	(4)  TERM OF READING COMPACT SCHOLARSHIP.--
721	(a)  For purposes of continuity of educational choice, a
722	Reading Compact Scholarship shall remain in force until the
723	student returns to a public school or graduates from high
724	school.
725	(b)  Upon reasonable notice to the department and the
726	school district, the student's parent may remove the student
727	from the private school and place the student in a public
728	school, as provided in paragraph (5)(a).
729	(c)  Upon reasonable notice to the department, the
730	student's parent may move the student from one participating
731	private school to another participating private school.
732	(5)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--
733	(a)1.  A school district shall timely notify the parent of
734	each eligible student of all options available pursuant to this
735	section and offer that student's parent an opportunity to enroll
736	the student in another public school within the school district.
737	2.  The parent is not required to accept the offer of
738	enrolling the student in another public school in lieu of
739	requesting a Reading Compact Scholarship to a private school.
740	However, if the parent chooses the public school option, the
741	student may continue attending a public school chosen by the
742	parent until the student graduates from high school.
743	3.  If the parent chooses a public school consistent with
744	the district school board's choice plan under s. 1002.31, the
745	school district shall provide transportation to the public
746	school selected by the parent. The parent is responsible for
747	providing transportation to a public school chosen that is not
748	consistent with the district school board's choice plan under s.
749	1002.31.
750	(b)  If the parent chooses the private school option and
751	the student is accepted by the private school pending the
752	availability of a space for the student, the parent of the
753	student must notify the department no later than 60 days prior
754	to the first scholarship payment and before entering the private
755	school in order to be eligible for the scholarship when a space
756	becomes available for the student in the private school.
757	(c)  The parent of a student may choose, as an alternative,
758	to enroll the student in and transport the student to a public
759	school in an adjacent school district that has available space,
760	and that school district shall accept the student and report the
761	student for purposes of the school district's funding under the
762	Florida Education Finance Program.
763	(d)  For a student in the school district who participates
764	in the Reading Compact Scholarship Program whose parent requests
765	that the student take the statewide assessments under s.
766	1008.22, the school district shall provide locations and times
767	to take all statewide assessments.
768	(6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
769	shall:
770	(a)  Establish a toll-free hotline that provides parents
771	and private schools with information on participation in the
772	Reading Compact Scholarship Program.
773	(b)  Establish a process by which individuals may notify
774	the department of any violation by a parent, private school, or
775	school district of state laws relating to program participation.
776	The department shall conduct an investigation of any written
777	complaint of a violation of this section, or make a referral to
778	the appropriate agency for an investigation, if the complaint is
779	signed by the complainant and is legally sufficient. A complaint
780	is legally sufficient if it contains ultimate facts that show
781	that a violation of this section or any rule adopted by the
782	State Board of Education has occurred. In order to determine
783	legal sufficiency, the department may require supporting
784	information or documentation from the complainant.
785	(c)  Require an annual, notarized, sworn compliance
786	statement by participating private schools certifying compliance
787	with state laws and shall retain such records.
788	(d)  Cross-check the list of participating scholarship
789	students with the public school enrollment lists prior to the
790	first scholarship payment to avoid duplication.
791	(e)  Identify all nationally norm-referenced tests that are
792	comparable to the norm-referenced test portions of the Florida
793	Comprehensive Assessment Test (FCAT).
794	(f)  Select an independent private research organization to
795	which participating private schools must report the scores of
796	participating students on the nationally norm-referenced tests
797	administered by the private school. The independent private
798	research organization must annually report to the department on
799	the year-to-year improvements of participating students. The
800	independent private research organization must analyze and
801	report student performance data in a manner that protects the
802	rights of students and parents as mandated in 20 U.S.C. s.
803	1232g, the Family Educational Rights and Privacy Act, and must
804	not disaggregate data to a level that will disclose the academic
805	level of individuals or of individual schools. To the extent
806	possible, the independent private research organization must
807	accumulate historical performance data on students from the
808	department and private schools to describe baseline performance
809	and to conduct longitudinal studies. To minimize costs and
810	reduce time required for third-party analysis and evaluation,
811	the department shall conduct analyses of matched students from
812	public school assessment data and calculate control group
813	learning gains using an agreed-upon methodology outlined in the
814	contract with the third-party evaluator. The sharing of student
815	data must be in accordance with the requirements of 20 U.S.C. s.
816	1232g, the Family Educational Rights and Privacy Act, and shall
817	be for the sole purpose of conducting the evaluation. All
818	parties must preserve the confidentiality of such information as
819	otherwise required by state and federal law.
820	(7)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.--
821	(a)  The Commissioner of Education shall deny, suspend, or
822	revoke a private school's participation in the scholarship
823	program if it is determined that the private school has failed
824	to comply with the provisions of this section. However, in
825	instances in which the noncompliance is correctable within a
826	reasonable amount of time and in which the health, safety, and
827	welfare of the students are not threatened, the commissioner may
828	issue a notice of noncompliance which shall provide the private
829	school with a timeframe within which to provide evidence of
830	compliance prior to taking action to suspend or revoke the
831	private school's participation in the scholarship program.
832	(b)  The commissioner's determination is subject to the
833	following:
834	1.  If the commissioner intends to deny, suspend, or revoke
835	a private school's participation in the scholarship program, the
836	department shall notify the private school of such proposed
837	action in writing by certified mail and regular mail to the
838	private school's address of record with the department. The
839	notification shall include the reasons for the proposed action
840	and notice of the timelines and procedures set forth in this
841	paragraph.
842	2.  The private school that is adversely affected by the
843	proposed action shall have 15 days from the receipt of the
844	notice of proposed action to file with the department's agency
845	clerk a request for a proceeding pursuant to ss. 120.569 and
846	120.57. If the private school is entitled to a hearing under s.
847	120.57(1), the department shall forward the request to the
848	Division of Administrative Hearings.
849	3.  Upon receipt of a request referred pursuant to this
850	paragraph, the director of the Division of Administrative
851	Hearings shall expedite the hearing and assign an administrative
852	law judge who shall commence a hearing within 30 days after the
853	receipt of the formal written request by the division and enter
854	a recommended order within 30 days after the hearing or within
855	30 days after receipt of the hearing transcript, whichever is
856	later. Each party shall be allowed 10 days in which to submit
857	written exceptions to the recommended order. A final order shall
858	be entered by the agency within 30 days after the entry of a
859	recommended order. The provisions of this subparagraph may be
860	waived upon stipulation by all parties.
861	(c)  The commissioner may immediately suspend payment if it
862	is determined that there is probable cause to believe that there
863	is:
864	1.  An imminent threat to the health, safety, and welfare
865	of the students; or
866	2.  Fraudulent activity on the part of the private school.
867
868	The commissioner's order suspending payment pursuant to this
869	paragraph may be appealed pursuant to the same procedures and
870	timelines as the notice of proposed action set forth in
871	paragraph (b).
872	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
873	eligible to participate in the Reading Compact Scholarship
874	Program, a private school may be sectarian or nonsectarian and
875	must:
876	(a)  Comply with all applicable requirements for private
877	schools participating in state school choice programs pursuant
878	to s. 1002.421.
879	(b)  Provide the department all documentation required for
880	the student's participation, including the private school's and
881	student's fee schedules, at least 30 days before the first
882	quarterly scholarship payment is made for the student.
883	(c)  Be academically accountable to the parent for meeting
884	the educational needs of the student by:
885	1.  At a minimum, annually providing to the parent a
886	written explanation of the student's progress.
887	2.  Annually administering or making provision for students
888	participating in the scholarship program to take one of the
889	nationally norm-referenced tests identified by the department.
890	Students with disabilities for whom standardized testing is not
891	appropriate are exempt from this requirement. A participating
892	private school must report a student's scores to the parent and
893	to the independent private research organization selected by the
894	department pursuant to paragraph (6)(f).
895	3.  Cooperating with the scholarship student whose parent
896	chooses to participate in the statewide assessments pursuant to
897	s. 1008.22.
898
899	The inability of a private school to meet the requirements of
900	this subsection shall constitute a basis for the ineligibility
901	of the private school to participate in the scholarship program
902	as determined by the department.
903	(9)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
904	PARTICIPATION.--A parent who applies for a Reading Compact
905	Scholarship is exercising his or her parental option to place
906	his or her child in a private school.
907	(a)  The parent must select the private school and apply
908	for the admission of his or her child.
909	(b)  The parent must have requested the scholarship at
910	least 60 days prior to the date of the first scholarship
911	payment.
912	(c)  Any student participating in the Reading Compact
913	Scholarship Program must remain in attendance throughout the
914	school year, unless excused by the school for illness or other
915	good cause.
916	(d)  Each parent and each student has an obligation to the
917	private school to comply with the private school's published
918	policies.
919	(e)  The parent shall ensure that the student participating
920	in the scholarship program takes the norm-referenced assessment
921	offered by the private school. The parent may also choose to
922	have the student participate in the statewide assessments
923	pursuant to s. 1008.22. If the parent requests that the student
924	participating in the scholarship program take statewide
925	assessments pursuant to s. 1008.22, the parent is responsible
926	for transporting the student to the assessment site designated
927	by the school district.
928	(f)  Upon receipt of a scholarship warrant, the parent to
929	whom the warrant is made must restrictively endorse the warrant
930	to the private school for deposit into the account of the
931	private school. The parent may not designate any entity or
932	individual associated with the participating private school as
933	the parent's attorney in fact to sign a scholarship warrant. A
934	participant who fails to comply with this paragraph forfeits the
935	scholarship.
936	(10)  READING COMPACT SCHOLARSHIP FUNDING AND PAYMENT.--
937	(a)  The maximum Reading Compact Scholarship granted for an
938	eligible student shall be a calculated amount equivalent to the
939	base student allocation in the Florida Education Finance Program
940	multiplied by the appropriate cost factor for the educational
941	program that would have been provided for the student in the
942	district school to which he or she was assigned, multiplied by
943	the district cost differential. In addition, the calculated
944	amount shall include the per-student share of instructional
945	materials funds, technology funds, and other categorical funds
946	as provided for this purpose in the General Appropriations Act.
947	For a student who attended the Florida School for the Deaf and
948	the Blind, the Reading Compact Scholarship shall be calculated
949	based on the school district in which the student's parent
950	resides at the time of the scholarship request.
951	(b)  The amount of the Reading Compact Scholarship shall be
952	the calculated amount or the amount of the private school's
953	tuition and fees, whichever is less. Fees eligible shall include
954	textbook fees, lab fees, and other fees related to instruction,
955	including transportation.
956	(c)  The school district shall report all students who are
957	attending a private school under this scholarship program. The
958	students attending private schools on Reading Compact
959	Scholarships shall be reported separately from those students
960	reported for purposes of the Florida Education Finance Program.
961	(d)  A public or private school that provides services to
962	students with disabilities shall receive the weighted funding
963	for such services at the appropriate funding level consistent
964	with the provisions of s. 1011.62(1)(e).
965	(e)  For purposes of calculating the Reading Compact
966	Scholarship, a student shall be eligible for the amount of the
967	appropriate basic cost factor if:
968	1.  The student currently participates in a Group 1 program
969	funded at the basic cost factor and is not subsequently
970	identified as having a disability; or
971	2.  The student currently participates in a Group 2 program
972	and the parent has chosen a private school that does not provide
973	the additional services funded by a Group 2 program.
974	(f)  Following notification on July 1, September 1,
975	December 1, or February 1 of the number of scholarship program
976	participants, the department shall transfer, from General
977	Revenue funds only, the calculated amount from the Florida
978	Education Finance Program and authorized categorical accounts to
979	a separate account for the Reading Compact Scholarship Program
980	for quarterly disbursement to the parents of participating
981	students. When a student enters the scholarship program, the
982	department must receive all documentation required for the
983	student's participation, including the private school's and
984	student's fee schedules, at least 30 days before the first
985	quarterly scholarship payment is made for the student.
986	(g)  The Chief Financial Officer shall make Reading Compact
987	Scholarship payments in four equal amounts no later than
988	September 1, November 1, February 1, and April 1 of each
989	academic year in which the Reading Compact Scholarship is in
990	force. The initial payment shall be made after department
991	verification of admission acceptance, and subsequent payments
992	shall be made upon verification of continued enrollment and
993	attendance at the private school. Payment must be by individual
994	warrant made payable to the student's parent and mailed by the
995	department to the private school of the parent's choice, and the
996	parent shall restrictively endorse the warrant to the private
997	school.
998	(h)  Subsequent to each scholarship payment, the Department
999	of Financial Services shall randomly review endorsed warrants to
1000	confirm compliance with endorsement requirements. The Department
1001	of Financial Services shall immediately report inconsistencies
1002	or irregularities to the department.
1003	(11)  LIABILITY.--No liability shall arise on the part of
1004	the state based on the award or use of a Reading Compact
1005	Scholarship.
1006	(12)  SCOPE OF AUTHORITY.--The inclusion of eligible
1007	private schools within options available to Florida public
1008	school students does not expand the regulatory authority of the
1009	state, its officers, or any school district to impose any
1010	additional regulation of private schools beyond those reasonably
1011	necessary to enforce requirements expressly set forth in this
1012	section.
1013	(13)  RULES.--The State Board of Education shall adopt
1014	rules pursuant to ss. 120.536(1) and 120.54 to administer this
1015	section. Rules shall include penalties for noncompliance with
1016	subsections (8) and (9).
1017	Section 11.  Section 1002.395, Florida Statutes, is created
1018	to read:
1019	1002.395  K-12 GI Bill Program.--
1020	(1)  DEFINITIONS.--For purposes of this section:
1021	(a)  The term "active-duty member" means an active-duty
1022	member of the Florida National Guard who is serving in Operation
1023	Enduring Freedom or Operation Iraqi Freedom.
1024	(b)  The term "dependent" means a dependent of an active-
1025	duty member of the Florida National Guard who is serving in
1026	Operation Enduring Freedom or Operation Iraqi Freedom.
1027	(2)  PURPOSE.--The purpose of this section is to:
1028	(a)  Recognize, honor, and reward the courage and
1029	sacrifices made by an active-duty member of the Florida National
1030	Guard who is serving in Operation Enduring Freedom or Operation
1031	Iraqi Freedom, and his or her family.
1032	(b)  Expand educational opportunities for children who are
1033	dependents of an active-duty member.
1034	(c)  Provide a new benefit to an active-duty member by
1035	giving such an individual the option to choose his or her
1036	children's education.
1037	(3)  THE K-12 GI BILL PROGRAM.--The K-12 GI Bill Program is
1038	established as a benefit to an active-duty member which provides
1039	the option for his or her dependents to attend a public school
1040	in the school district other than the one to which assigned, to
1041	receive a K-12 GI Bill to attend a public school in an adjacent
1042	school district, or to receive a K-12 GI Bill to attend an
1043	eligible private school of his or her choice.
1044	(4)  K-12 GI BILL ELIGIBILITY.--The parent of a student who
1045	is a dependent of an active-duty member may request and receive
1046	from the state a K-12 GI Bill for the child to enroll in and
1047	attend an eligible private school if the parent has notified the
1048	school district that the student is a dependent of an active-
1049	duty member; has obtained acceptance for admission of the
1050	student to a private school that is eligible for the program
1051	under subsection (7); and has notified the school district of
1052	the request for a K-12 GI Bill at least 60 days before the date
1053	of the first K-12 GI Bill payment. The parental notification
1054	must be through a communication directly to the district or
1055	through the Department of Education to the district in a manner
1056	that creates a written or electronic record of the notification
1057	and the date of receipt of the notification. A dependent child
1058	of an active-duty member is not required to have been enrolled
1059	and reported by a school district for funding during the
1060	preceding October and February Florida Education Finance Program
1061	surveys in kindergarten through grade 12, in order to be
1062	eligible to receive a scholarship. This section does not apply
1063	to a student who is enrolled in a school operating for the
1064	purpose of providing educational services to youth in a
1065	commitment program of the Department of Juvenile Justice. For
1066	purposes of continuity of educational choice, the K-12 GI Bill
1067	shall remain in force until the student returns to a public
1068	school or graduates from high school. However, at any time, the
1069	student's parent may remove the student from the private school
1070	and place the student in another private school that is eligible
1071	to provide educational opportunities for students whose families
1072	choose to use a K-12 GI Bill under subsection (7) or may place
1073	the student in a public school as provided in subsection (6).
1074	(5)  K-12 GI BILL PROHIBITIONS.--A student is not eligible
1075	for a K-12 GI Bill if he or she is:
1076	(a)  Enrolled in a school operating for the purpose of
1077	providing educational services to youth in Department of
1078	Juvenile Justice commitment programs.
1079	(b)  Receiving a scholarship from an eligible nonprofit
1080	scholarship-funding organization under s. 220.187.
1081	(c)  Receiving an educational scholarship pursuant to this
1082	chapter.
1083	(d)  Participating in a home education program as defined
1084	in s. 1002.01(1).
1085	(e)  Participating in a private tutoring program pursuant
1086	to s. 1002.43.
1087	(f)  Participating in a virtual school, correspondence
1088	school, or distance learning program that receives state funding
1089	pursuant to the student's participation.
1090	(6)  SCHOOL DISTRICT OBLIGATIONS.--
1091	(a)  A school district shall timely notify the parent of
1092	each student who the school district has knowledge is a
1093	dependent of an active-duty member of all options available
1094	under this section and shall offer that student's parent an
1095	opportunity to enroll the student in another public school
1096	within the district. The parent is not required to accept this
1097	offer in lieu of requesting a K-12 GI Bill for the student to
1098	attend a public school in an adjacent school district or to
1099	attend a private school. However, if the parent chooses to
1100	enroll the student in another public school within the district,
1101	the student may continue attending the public school chosen by
1102	the parent until the student graduates from high school. The
1103	option set forth in this paragraph may be exercised only on a
1104	space-available basis. However, a student who is the dependent
1105	of a parent on active-duty shall be given first priority, except
1106	that this option is not available if exercising the option would
1107	result in a violation of the constitutional class-size
1108	requirements. If the parent chooses a public school consistent
1109	with the district school board's choice plan under s. 1002.31,
1110	the school district shall provide transportation to the public
1111	school selected by the parent. The parent is responsible to
1112	provide transportation to a chosen public school that is not
1113	consistent with the district school board's plan under s.
1114	1002.31.
1115	(b)  The parent of a student may choose, as an alternative,
1116	to enroll the student in and transport the student to a public
1117	school in an adjacent school district which has available space,
1118	and that school district shall accept the student and report the
1119	student for purposes of the district's funding under the Florida
1120	Education Finance Program.
1121	(c)  For a student in the school district who participates
1122	in the K-12 GI Bill Program whose parent requests that the
1123	student take the statewide assessments under s. 1008.22, the
1124	district shall provide locations and times to take all statewide
1125	assessments.
1126	(d)  A school district must notify the Department of
1127	Education within 10 days after it receives notification of a
1128	parent's intent to apply for a student to receive a K-12 GI
1129	Bill.
1130	(7)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to provide
1131	educational opportunities for students whose families choose to
1132	use a K-12 GI Bill, a private school must be a Florida private
1133	school, may be sectarian or nonsectarian, and must:
1134	(a)  Demonstrate fiscal soundness by being in operation for
1135	at least 2 school years or file with the Department of Education
1136	a surety bond or letter of credit for the amount equal to the K-
1137	12 GI Bill funds for each quarter.
1138	(b)  Notify the Department of Education of its intent to
1139	provide educational opportunities for students whose families
1140	choose to use a K-12 GI Bill. The notice must specify the grade
1141	levels and services that the private school has available for
1142	students attending on a K-12 GI Bill.
1143	(c)  Comply with the antidiscrimination provisions of 42
1144	U.S.C. s. 2000d.
1145	(d)  Meet state and local health and safety laws and codes.
1146	(e)  Be academically accountable to the parent for meeting
1147	the educational needs of the student.
1148	(f)  Employ or contract with teachers who hold
1149	baccalaureate or higher degrees, have at least 3 years of
1150	teaching experience in public or private schools, or have
1151	special skills, knowledge, or expertise that qualifies them to
1152	provide instruction in subjects taught.
1153	(g)  Comply with all state laws relating to general
1154	regulation of private schools.
1155	(h)  Adhere to the tenets of its published disciplinary
1156	procedures before expelling a student who is attending the
1157	school on a K-12 GI Bill.
1158	(i)  Require each individual with direct student contact
1159	with a scholarship student to be of good moral character, to be
1160	subject to the level 1 background screening as provided under
1161	chapter 435, to be denied employment or terminated if required
1162	under s. 435.06, and not to be ineligible to teach in a public
1163	school because his or her educator certificate is suspended or
1164	revoked. For purposes of this paragraph:
1165	1.  An "individual with direct student contact" means any
1166	individual who has unsupervised access to a scholarship student
1167	for whom the private school is responsible.
1168	2.  The costs of fingerprinting and the background check
1169	shall not be borne by the state.
1170	3.  Continued employment of an individual after
1171	notification that the individual has failed the level 1
1172	background screening shall cause a private school to be
1173	ineligible for participation in the scholarship program.
1174	4.  An individual holding a valid Florida teaching
1175	certificate who has been fingerprinted pursuant to s. 1012.32
1176	shall not be required to comply with the provisions of this
1177	paragraph.
1178	(j)  Annually administer or make provision for students
1179	participating in the program to take one of the nationally norm-
1180	referenced tests identified by the department. Students with
1181	disabilities for whom standardized testing is not appropriate
1182	are exempt from this requirement. A participating private school
1183	must report a student's scores to the parent and to the
1184	independent private research organization selected by the
1185	department.
1186	(8)  OBLIGATION OF FAMILIES CHOOSING TO USE A K-12 GI
1187	BILL.--
1188	(a)  A parent who applies for a K-12 GI Bill to enable his
1189	or her child to attend a private school is exercising his or her
1190	parental option to place his or her child in a private school.
1191	The parent must select the private school and apply for the
1192	admission of his or her child.
1193	(b)  If the parent chooses the private-school option and
1194	the student is accepted by the private school pending the
1195	availability of a space for the student, the parent of the
1196	student must notify the school district at least 60 days before
1197	the date of the first K-12 GI Bill payment and before the
1198	student enters the private school in order to be eligible for
1199	the K-12 GI Bill when a space becomes available for the student
1200	in the private school.
1201	(c)  Any student attending a private school on a K-12 GI
1202	Bill must remain in attendance throughout the school year,
1203	unless excused by the school for illness or other good cause,
1204	and must comply fully with the school's code of conduct.
1205	(d)  The parent of each student attending a private school
1206	on a K-12 GI Bill must comply fully with the private school's
1207	parental-involvement requirements unless excused by the school
1208	for illness or other good cause.
1209	(e)  If the parent requests that the student attending a
1210	private school on a K-12 GI Bill take all statewide assessments
1211	required pursuant to s. 1008.22, the parent is responsible for
1212	transporting the student to the assessment site designated by
1213	the school district.
1214	(f)  The parent shall ensure that the student participating
1215	in the program takes the norm-referenced assessment offered by
1216	the private school. The parent may also choose to have the
1217	student participate in the statewide assessments pursuant to s.
1218	1008.22. If the parent requests that the student take statewide
1219	assessments pursuant to s. 1008.22, the parent is responsible
1220	for transporting the student to the assessment site designated
1221	by the school district.
1222	(g)  Upon receipt of a K-12 GI Bill warrant, the parent to
1223	whom the warrant is made must restrictively endorse the warrant
1224	to the private school for deposit into the account of the
1225	private school.
1226	(h)  Any failure to comply with this subsection results in
1227	forfeiture of the K-12 GI Bill.
1228	(9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
1229	shall:
1230	(a)  Annually verify the eligibility of private schools
1231	that meet the requirements of subsection (7).
1232	(b)  Establish a toll-free hotline that provides parents
1233	and private schools with information on participation in the K-
1234	12 GI Bill Program.
1235	(c)  Establish a process by which individuals may notify
1236	the department of any violation by a parent, private school, or
1237	school district of state laws relating to program participation.
1238	The department shall conduct an investigation of any written
1239	complaint of a violation of this section, or make a referral to
1240	the appropriate agency for investigation, if the complaint is
1241	signed by the complainant and is legally sufficient. A complaint
1242	is legally sufficient if it contains ultimate facts that show
1243	that a violation of this section or any rule adopted by the
1244	State Board of Education has occurred. In order to determine
1245	legal sufficiency, the department may require supporting
1246	information or documentation from the complainant.
1247	(d)  Require an annual, notarized, sworn compliance
1248	statement by participating private schools certifying compliance
1249	with state laws and shall retain such records.
1250	(e)  Cross-check the list of participating students with
1251	the public school enrollment lists prior to the first payment to
1252	avoid duplication.
1253	(f)  Identify all nationally norm-referenced tests that are
1254	comparable to the norm-referenced test portions of the Florida
1255	Comprehensive Assessment Test(FCAT).
1256	(g)  Select an independent private research organization to
1257	which participating private schools must report the scores of
1258	participating students on the nationally norm-referenced tests
1259	administered by the private school. The independent private
1260	research organization must annually report to the department on
1261	the year-to-year improvements of the participating students. The
1262	independent private research organization must analyze and
1263	report student performance data in a manner that protects the
1264	rights of students and parents as mandated in 20 U.S.C. s.
1265	1232g, the Family Educational Rights and Privacy Act, and must
1266	not disaggregate data to a level that will disclose the academic
1267	level of individual students or of individual schools. To the
1268	extent possible, the independent private research organization
1269	must accumulate historical performance data on students from the
1270	department and private schools to describe baseline performance
1271	and to conduct longitudinal studies. To minimize costs and
1272	reduce time required for third-party analysis and evaluation,
1273	the department shall conduct analyses of matched students from
1274	public school assessment data and calculate control group
1275	learning gains using an agreed-upon methodology outlined in the
1276	contract with the third-party evaluator. The sharing of student
1277	data must be in accordance with requirements of 20 U.S.C. s.
1278	1232g, the Family Educational Rights and Privacy Act, and shall
1279	be for the sole purpose of conducting the evaluation. All
1280	parties must preserve the confidentiality of such information as
1281	required by law.
1282	(10)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.-
1283	(a)  The Commissioner of Education shall deny, suspend, or
1284	revoke a private school's participation in the program if it is
1285	determined that the private school has failed to comply with the
1286	provisions of this section. However, if the noncompliance is
1287	correctable within a reasonable amount of time and if the
1288	health, safety, and welfare of the students are not threatened,
1289	the commissioner may issue a notice of noncompliance which shall
1290	provide the private school with a timeframe within which to
1291	provide evidence of compliance prior to taking action to suspend
1292	or revoke the private school's participation in the program.
1293	(b)  The commissioner's determination is subject to the
1294	following:
1295	1.  If the commissioner intends to deny, suspend, or revoke
1296	a private school's participation in the program, the department
1297	shall notify the private school of such proposed action in
1298	writing by certified mail and regular mail to the private
1299	school's address of record with the department. The notification
1300	shall include the reasons for the proposed action and notice of
1301	the timelines and procedures set forth in this paragraph.
1302	2.  The private school that is adversely affected by the
1303	proposed action shall have 15 days after receipt of the notice
1304	of proposed action to file with the department's agency clerk a
1305	request for a proceeding pursuant to ss.120.569 and 120.57. If
1306	the private school is entitled to a hearing under s. 120.57(1),
1307	the department shall forward the request to the Division of
1308	Administrative Hearings.
1309	3.  Upon receipt of a request referred pursuant to this
1310	paragraph, the director of the Division of Administrative
1311	Hearings shall expedite the hearing and assign an administrative
1312	law judge who shall commence a hearing within 30 days after the
1313	receipt of the formal written request by the division and enter
1314	a recommended order within 30 days after the hearing or within
1315	30 days after receipt of the hearing transcript, whichever is
1316	later. Each party shall be allowed 10 days in which to submit
1317	written exceptions to the recommended order. A final order shall
1318	be entered by the agency within 30 days after the entry of a
1319	recommended order. The provisions of this subparagraph may be
1320	waived upon stipulation by all parties.
1321	(c)  The commissioner may immediately suspend payment if it
1322	is determined that there is probable cause to believe that there
1323	is:
1324	1.  An imminent threat to the health, safety, and welfare
1325	of the students; or
1326	2.  Fraudulent activity on the part of the private school.
1327
1328	The commissioner's order suspending payment pursuant to this
1329	paragraph may be appealed pursuant to the same procedures and
1330	timelines as the notice of proposed action set forth in
1331	paragraph (b).
1332	(11)  K-12 GI BILL FUNDING AND PAYMENT.--
1333	(a)  The amount of a K-12 GI Bill provided to any child for
1334	any single school year may not exceed the following annual
1335	limits:
1336	1.  Three thousand six hundred dollars or the amount of
1337	tuition and fees, whichever is less, for a K-12 GI Bill awarded
1338	to a student enrolled in an eligible private school.
1339	2.  Five hundred dollars, or the amount of transportation
1340	expenses, whichever is less, for a K-12 GI Bill awarded to a
1341	student enrolled in a Florida public school that is located
1342	outside the school district in which the student resides.
1343	(b)  If a participating private school requires partial
1344	payment of tuition before the start of the academic year to
1345	reserve space for students admitted to the school, that partial
1346	payment may be paid by the Department of Education before the
1347	first quarterly payment of the year in which the K-12 GI Bill is
1348	awarded, up to a maximum of $1,000, and deducted from subsequent
1349	K-12 GI Bill payments. If a student decides not to attend the
1350	participating private school, the participating private school
1351	must return the partial reservation payment to the Department of
1352	Education. There is a limit of one reservation payment per
1353	student per year.
1354	(c)  The school district shall report all students who are
1355	attending a private school on a K-12 GI Bill. The students
1356	attending private schools on K-12 GI Bills shall be reported
1357	separately from other students reported for purposes of the
1358	Florida Education Finance Program.
1359	(d)  Following notification on July 1, September 1,
1360	December 1, or February 1 of the number of students attending
1361	private schools on K-12 GI Bills, the Department of Education
1362	shall transfer, from general revenue funds only, the amount of
1363	the K-12 GI Bills from the school district's total funding
1364	entitlement under the Florida Education Finance Program to a
1365	separate account for the K-12 GI Bills for quarterly
1366	disbursement to the parents of K-12 GI Bill students. For
1367	purposes of this paragraph, the term school district means the
1368	school district in which the parent resides at the time of the
1369	scholarship request. When a student enters a private school on a
1370	K-12 GI Bill, the Department of Education must receive all
1371	documentation required for the student's K-12 GI Bill, including
1372	the private school's and student's fee schedules, at least 30
1373	days before the first quarterly K-12 GI Bill payment is made for
1374	the student. The Department of Education may not make any
1375	retroactive payments.
1376	(e)  Upon proper documentation reviewed and approved by the
1377	Department of Education, the Chief Financial Officer shall make
1378	K-12 GI Bill payments in four equal amounts no later than
1379	September 1, November 1, February 1, and April 15 of each
1380	academic year in which the K-12 GI Bill is in force. The initial
1381	payment for attendance at a private school shall be made after
1382	Department of Education verification of admission acceptance,
1383	and subsequent payments shall be made upon verification of
1384	continued enrollment and attendance at the private school.
1385	Payment must be by individual warrant made payable to the
1386	student's parent and mailed by the Department of Education to
1387	the private school of the parent's choice, and the parent shall
1388	restrictively endorse the warrant to the private school for
1389	deposit into the account of the private school.
1390	(f)  Subsequent to each payment, the Department of
1391	Financial Services shall randomly review endorsed warrants to
1392	confirm compliance with endorsement requirements. The Department
1393	of Financial Services shall immediately report inconsistencies
1394	or irregularities to the department.
1395	(12)  LIABILITY.--The state is not liable for any loss
1396	based on the award or use of a K-12 GI Bill.
1397	(13)  WAIVER OF DEADLINES.--In the event of an act of God,
1398	which means an act occasioned exclusively by violence of nature
1399	without the interference of any human agency, the State Board of
1400	Education is authorized to waive any deadlines to effectuate the
1401	purposes of the K-12 GI Bill.
1402	(14)  RULES.--The State Board of Education may adopt rules
1403	under ss. 120.536(1) and 120.54 to administer this section.
1404	However, the inclusion of eligible private schools within
1405	options available to Florida public school students does not
1406	expand the regulatory authority of the state, its officers, or
1407	any school district to impose any additional regulation of
1408	private schools beyond those reasonably necessary to enforce
1409	requirements expressly set forth in this section.
1410	Section 12.  Paragraphs (a) and (b) of subsection (6) of
1411	section 1002.20, Florida Statutes, are amended to read:
1412	1002.20  K-12 student and parent rights.--Parents of public
1413	school students must receive accurate and timely information
1414	regarding their child's academic progress and must be informed
1415	of ways they can help their child to succeed in school. K-12
1416	students and their parents are afforded numerous statutory
1417	rights including, but not limited to, the following:
1418	(6)  EDUCATIONAL CHOICE.--
1419	(a)  Public school choices.--Parents of public school
1420	students may seek whatever public school choice options that are
1421	applicable to their students and are available to students in
1422	their school districts. These options may include controlled
1423	open enrollment, lab schools, charter schools, charter technical
1424	career centers, magnet schools, alternative schools, special
1425	programs, advanced placement, dual enrollment, International
1426	Baccalaureate, early admissions, credit by examination or
1427	demonstration of competency, the New World School of the Arts,
1428	the Florida School for the Deaf and the Blind, and the Florida
1429	Virtual School. These options may also include the public school
1430	choice options of the Opportunity Scholarship Program, and the
1431	McKay Scholarships for Students with Disabilities Program, and
1432	the K-12 GI Bill Program.
1433	(b)  Private school choices.--Parents of public school
1434	students may seek private school choice options under certain
1435	programs.
1436	1.  Under the Opportunity Scholarship Program, the parent
1437	of a student in a failing public school may request and receive
1438	an opportunity scholarship for the student to attend a private
1439	school in accordance with the provisions of s. 1002.38.
1440	2.  Under the McKay Scholarships for Students with
1441	Disabilities Program, the parent of a public school student with
1442	a disability who is dissatisfied with the student's progress may
1443	request and receive a McKay Scholarship for the student to
1444	attend a private school in accordance with the provisions of s.
1445	1002.39.
1446	3.  Under the K-12 GI Bill Program, the parent of a public
1447	school student who is a dependent of an active-duty member as
1448	defined in s. 1002.395(1) may request and receive a K-12 GI Bill
1449	for the student to attend a private school in accordance with s.
1450	1002.395.
1451	4.3.  Under the corporate income tax credit scholarship
1452	program, the parent of a student who qualifies for free or
1453	reduced-price school lunch may seek a scholarship from an
1454	eligible nonprofit scholarship-funding organization in
1455	accordance with the provisions of s. 220.187.
1456	Section 13.  Section 1002.421, Florida Statutes, is created
1457	to read:
1458	1002.421  Rights and obligations of private schools
1459	participating in state school choice scholarship
1460	programs.--Requirements of this section are in addition to
1461	private school requirements outlined in s. 1002.42, specific
1462	requirements identified within respective scholarship program
1463	laws, and other provisions of Florida law that apply to private
1464	schools.
1465	(1)  A Florida private school participating in the
1466	corporate income tax credit scholarship program established
1467	pursuant to s. 220.187 or an educational scholarship program
1468	established pursuant to this chapter must comply with all
1469	requirements of this section.
1470	(2)  A private school participating in a scholarship
1471	program must be a Florida private school as defined in s.
1472	1002.01(2) and must:
1473	(a)  Be a registered Florida private school in accordance
1474	with s. 1002.42.
1475	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
1476	s. 2000d.
1477	(c)  Notify the department of its intent to participate in
1478	a scholarship program.
1479	(d)  Notify the department of any change in the school's
1480	name, school director, mailing address, or physical location
1481	within 15 days after the change.
1482	(e)  Complete student enrollment and attendance
1483	verification requirements, including use of an online attendance
1484	verification form, prior to scholarship payment.
1485	(f)  Annually complete and submit to the department a
1486	notarized scholarship compliance statement certifying compliance
1487	with state laws relating to private school participation in the
1488	scholarship program.
1489	(g)  Demonstrate fiscal soundness and accountability by:
1490	1.  Being in operation for at least 3 school years or
1491	obtaining a surety bond or letter of credit for the amount equal
1492	to the scholarship funds for any quarter and filing the surety
1493	bond or letter of credit with the department.
1494	2.  Requiring the parent of each scholarship student to
1495	personally restrictively endorse the scholarship warrant to the
1496	school. The school may not act as attorney in fact for the
1497	parent of a scholarship student under the authority of a power
1498	of attorney executed by such parent, or under any other
1499	authority, to endorse scholarship warrants on behalf of such
1500	parent.
1501	(h)  Meet applicable state and local health, safety, and
1502	welfare laws, codes, and rules, including:
1503	1.  Fire safety.
1504	2.  Building safety.
1505	(i)  Employ or contract with teachers who hold
1506	baccalaureate or higher degrees, have at least 3 years of
1507	teaching experience in public or private schools, or have
1508	special skills, knowledge, or expertise that qualifies them to
1509	provide instruction in subjects taught.
1510	(j)  Require each individual with direct student contact
1511	with a scholarship student to be of good moral character, to be
1512	subject to the level 1 background screening as provided under
1513	chapter 435, to be denied employment or terminated if required
1514	under s. 435.06, and not to be ineligible to teach in a public
1515	school because his or her educator certificate is suspended or
1516	revoked. For purposes of this paragraph:
1517	1.  An "individual with direct student contact" means any
1518	individual who has unsupervised access to a scholarship student
1519	for whom the private school is responsible.
1520	2.  The costs of fingerprinting and the background check
1521	shall not be borne by the state.
1522	3.  Continued employment of an individual after
1523	notification that the individual has failed the level 1
1524	background screening shall cause a private school to be
1525	ineligible for participation in a scholarship program.
1526	4.  An individual holding a valid Florida teaching
1527	certificate who has been fingerprinted pursuant to s. 1012.32
1528	shall not be required to comply with the provisions of this
1529	paragraph.
1530	(3)  The inability of a private school to meet the
1531	requirements of this section shall constitute a basis for the
1532	ineligibility of the private school to participate in a
1533	scholarship program as determined by the department.
1534	(4)(a)  The State Board of Education shall adopt rules
1535	pursuant to ss. 120.536(1) and 120.54 to administer this
1536	section.
1537	(b)  The inclusion of eligible private schools within
1538	options available to Florida public school students does not
1539	expand the regulatory authority of the state, its officers, or
1540	any school district to impose any additional regulation of
1541	private schools beyond those reasonably necessary to enforce
1542	requirements expressly set forth in this section.
1543	Section 14.  Paragraph (b) of subsection (3) of section
1544	1003.01, Florida Statutes, is amended to read:
1545	1003.01  Definitions.--As used in this chapter, the term:
1546	(3)
1547	(b)  "Special education services" means specially designed
1548	instruction and such related services as are necessary for an
1549	exceptional student to benefit from education. Such services may
1550	include: transportation; diagnostic and evaluation services;
1551	social services; physical and occupational therapy; speech and
1552	language pathology services; job placement; orientation and
1553	mobility training; braillists, typists, and readers for the
1554	blind; interpreters and auditory amplification; rehabilitation
1555	counseling; transition services; mental health services;
1556	guidance and career counseling; specified materials, assistive
1557	technology devices, and other specialized equipment; and other
1558	such services as approved by rules of the state board.
1559	Section 15.  Paragraph (b) of subsection (2) of section
1560	1003.03, Florida Statutes, is amended to read:
1561	1003.03  Maximum class size.--
1562	(2)  IMPLEMENTATION.--
1563	(b)  Determination of the number of students per classroom
1564	in paragraph (a) shall be calculated as follows:
1565	1.  For fiscal years 2003-2004 through 2006-2007 2005-2006,
1566	the calculation for compliance for each of the 3 grade groupings
1567	shall be the average at the district level.
1568	2.  For fiscal year years 2006-2007 through 2007-2008, the
1569	calculation for compliance for each of the 3 grade groupings
1570	shall be the average at the school level.
1571	3.  For fiscal years 2008-2009, 2009-2010, and thereafter,
1572	the calculation for compliance shall be at the individual
1573	classroom level.
1574	Section 16.  Section 1003.035, Florida Statutes, is created
1575	to read:
1576	1003.035  District average class size requirements.--
1577	(1)  CONSTITUTIONAL CLASS SIZE REQUIREMENTS.--Pursuant to
1578	s. 1, Art. IX of the State Constitution, beginning in the
1579	2007-2008 school year:
1580	(a)  The district average number of students assigned to
1581	each teacher who is teaching core-curricula courses in public
1582	school classrooms for prekindergarten through grade 3 may not
1583	exceed 18 students.
1584	(b)  The district average number of students assigned to
1585	each teacher who is teaching core-curricula courses in public
1586	school classrooms for grades 4 through 8 may not exceed 22
1587	students.
1588	(c)  The district average number of students assigned to
1589	each teacher who is teaching core-curricula courses in public
1590	school classrooms for grades 9 through 12 may not exceed 25
1591	students.
1592
1593	However, in no event shall any such classroom exceed five
1594	students over the district average allowable maximum.
1595	(2)  IMPLEMENTATION.--
1596	(a)  Beginning with the 2006-2007 fiscal year, each school
1597	district that is not in compliance with the requirements in
1598	subsection (1) shall reduce the district average class size in
1599	each of the following grade groupings: prekindergarten through
1600	grade 3, grade 4 through grade 8, and grade 9 through grade 12,
1601	by at least two students each year until the district average
1602	class size does not exceed the requirements in subsection (1).
1603	(b)  The Department of Education shall annually calculate
1604	each school district's average class size for each of the grade
1605	groupings specified in paragraph (a) based upon the October
1606	student membership survey.
1607	(3)  IMPLEMENTATION OPTIONS.--District school boards must
1608	consider, but are not limited to, implementing the following
1609	items in order to meet the constitutional district average class
1610	size requirements described in subsection (1) and the two-
1611	student-per-year reduction required in subsection (2):
1612	(a)  Adopt policies to encourage qualified students to take
1613	dual enrollment courses.
1614	(b)  Adopt policies to encourage students to take courses
1615	from the Florida Virtual School.
1616	(c)1.  Repeal district school board policies that require
1617	students to have more than 24 credits to graduate from high
1618	school.
1619	2.  Adopt policies to allow students to graduate from high
1620	school as soon as they pass the grade 10 FCAT and complete the
1621	courses required for high school graduation.
1622	(d)  Use methods to maximize use of instructional staff,
1623	such as changing required teaching loads and scheduling of
1624	planning periods, deploying district employees that have
1625	professional certification to the classroom, using adjunct
1626	educators, or any other method not prohibited by law.
1627	(e)  Use innovative methods to reduce the cost of school
1628	construction by using prototype school designs, using SMART
1629	Schools designs, participating in the School Infrastructure
1630	Thrift Program, or any other method not prohibited by law.
1631	(f)  Use joint-use facilities through partnerships with
1632	community colleges, state universities, and private colleges and
1633	universities. Joint-use facilities available for use as K-12
1634	classrooms that do not meet the K-12 State Regulations for
1635	Educational Facilities in the Florida Building Code may be used
1636	at the discretion of the district school board provided that
1637	such facilities meet all other health, life, safety, and fire
1638	codes.
1639	(g)  Adopt alternative methods of class scheduling, such as
1640	block scheduling.
1641	(h)  Redraw school attendance zones to maximize use of
1642	facilities while minimizing the additional use of
1643	transportation.
1644	(i)  Operate schools beyond the normal operating hours to
1645	provide classes in the evening or operate more than one session
1646	of school during the day.
1647	(j)  Use year-round schools and other nontraditional
1648	calendars that do not adversely impact annual assessment of
1649	student achievement.
1650	(k)  Review and consider amending any collective bargaining
1651	contracts that hinder the implementation of class size
1652	reduction.
1653	(l)  Use any other approach not prohibited by law.
1654	(4)  ACCOUNTABILITY.--
1655	(a)  If the department determines for any year that a
1656	school district has not reduced average class size as required
1657	in subsection (2) at the time of the third FEFP calculation, the
1658	department shall calculate an amount from the class size
1659	reduction operating categorical which is proportionate to the
1660	amount of class size reduction not accomplished. Upon
1661	verification of the department's calculation by the Florida
1662	Education Finance Program Appropriation Allocation Conference,
1663	the Executive Office of the Governor shall transfer
1664	undistributed funds equivalent to the calculated amount from the
1665	district's class size reduction operating categorical to an
1666	approved fixed capital outlay appropriation for class size
1667	reduction in the affected district pursuant to s. 216.292(13).
1668	The amount of funds transferred shall be the lesser of the
1669	amount verified by the Florida Education Finance Program
1670	Appropriation Allocation Conference or the undistributed balance
1671	of the district's class size reduction operating categorical.
1672	However, based upon a recommendation by the Commissioner of
1673	Education that the State Board of Education has reviewed
1674	evidence indicating that a district has been unable to meet
1675	class size reduction requirements despite appropriate effort to
1676	do so, the Legislative Budget Commission may approve an
1677	alternative amount of funds to be transferred from the
1678	district's class size reduction operating categorical to its
1679	approved fixed capital outlay account for class size reduction.
1680	(b)  Beginning in the 2007-2008 school year, the department
1681	shall determine by January 15 of each year which districts do
1682	not meet the requirements of subsection (1) based upon the
1683	district's October student membership survey for the current
1684	school year. The department shall report such districts to the
1685	Legislature. Each district that has not met the requirements of
1686	subsection (1) shall be required to implement one of the
1687	following policies in the subsequent school year unless the
1688	department finds that the district comes into compliance based
1689	upon the February student membership survey:
1690	1.  Year-round schools;
1691	2.  Double sessions;
1692	3.  Rezoning; or
1693	4.  Maximizing use of instructional staff by changing
1694	required teacher loads and scheduling of planning periods,
1695	deploying school district employees who have professional
1696	certification to the classroom, using adjunct educators,
1697	operating schools beyond the normal operating hours to provide
1698	classes in the evening, or operating more than one session
1699	during the day.
1700
1701	A school district that is required to implement one of the
1702	policies outlined in subparagraphs 1. through 4. shall correct
1703	in the year of implementation any past deficiencies and bring
1704	the district into compliance with the requirements of subsection
1705	(1). A school district may choose to implement more than one of
1706	these policies. The district school superintendent shall report
1707	to the Commissioner of Education the extent to which the
1708	district implemented any of the policies outlined in
1709	subparagraphs 1. through 4. in a format to be specified by the
1710	Commissioner of Education. The Department of Education shall use
1711	the enforcement authority provided in s. 1008.32 to ensure that
1712	districts comply with the provisions of this paragraph.
1713	(c)  Beginning in the 2008-2009 school year, the department
1714	shall annually determine which districts do not meet the
1715	requirements described in subsection (1) based upon the October
1716	student membership survey. In addition to enforcement authority
1717	provided in s. 1008.32, the Department of Education shall
1718	develop a constitutional compliance plan for each such district
1719	which includes, but is not limited to, redrawing school
1720	attendance zones to maximize use of facilities while minimizing
1721	the additional use of transportation and the other
1722	accountability policies listed in paragraph (b). Each district
1723	school board shall implement the constitutional compliance plan
1724	developed by the state board in the subsequent school year until
1725	the district complies with the constitutional district average
1726	class size requirements.
1727	Section 17.  Subsection (3) of section 1003.05, Florida
1728	Statutes, is amended to read:
1729	1003.05  Assistance to transitioning students from military
1730	families.--
1731	(3)  Dependent children of active duty military personnel
1732	who otherwise meet the eligibility criteria for special academic
1733	programs offered through public schools shall be given first
1734	preference for admission to such programs even if the program is
1735	being offered through a public school other than the school to
1736	which the student would generally be assigned and the school at
1737	which the program is being offered has reached its maximum
1738	enrollment. If such a program is offered through a public school
1739	other than the school to which the student would generally be
1740	assigned, the parent or guardian of the student must assume
1741	responsibility for transporting the student to that school. For
1742	purposes of this subsection, special academic programs include
1743	charter schools, magnet schools, advanced studies programs,
1744	advanced placement, dual enrollment, and International
1745	Baccalaureate.
1746	Section 18.  Section 1003.413, Florida Statutes, is created
1747	to read:
1748	1003.413  High school reform.--
1749	(1)  Beginning with the 2005-2006 school year, each school
1750	district shall establish policies to assist high school students
1751	to remain in school, graduate on time, and be prepared for
1752	postsecondary education and the workforce. Such policies must
1753	address:
1754	(a)  Intensive reading remediation for students in grades 9
1755	through 12 scoring below Level 3 on FCAT Reading, pursuant to
1756	the reading instruction plan required by s. 1011.62(8).
1757	(b)  Credit recovery options and course scheduling designed
1758	to allow high school students to earn credit for failed courses
1759	so that they are able to graduate on time.
1760	(c)  Immediate and frequent notification to parents of
1761	students who are in danger of not graduating from high school.
1762	(d)  Placement in alternative programs, such as programs
1763	that emphasize applied integrated curricula, small learning
1764	communities, support services, increased discipline, or other
1765	strategies documented to improve student achievement.
1766	(e)  Summer reading institutes for rising ninth graders
1767	scoring below Level 3 on FCAT Reading, pursuant to the reading
1768	instruction plan required by s. 1011.62(8).
1769
1770	A student's participation in an instructional or remediation
1771	program prior to or immediately following entering grade 9 for
1772	the first time shall not affect that student's classification as
1773	a first-time ninth grader for reporting purposes, including
1774	calculation of graduation and dropout rates.
1775	(2)  The Commissioner of Education shall create and
1776	implement the Challenge High School Recognition Program to
1777	reward public high schools that demonstrate continuous academic
1778	improvement and show the greatest gains in student academic
1779	achievement in reading and mathematics.
1780	Section 19.  High School Reform Task Force.--
1781	(1)  There is created the High School Reform Task Force.
1782	The task force shall work in conjunction with the Southern
1783	Regional Education Board and the International Center for
1784	Leadership in Education and shall be administratively supported
1785	by the office of the Chancellor for K-12 Public Schools in the
1786	Department of Education and the Just Read, Florida! Office.
1787	Appointments to the task force shall be coordinated to ensure
1788	that the membership reflects the geographic and cultural
1789	diversity of Florida's school age population. The task force
1790	shall be abolished upon submission of its recommendations.
1791	(2)(a)  The Governor shall appoint members of the task
1792	force from the following categories and shall appoint the chair
1793	of the task force from its membership:
1794	1.  Two representatives of public school districts, who may
1795	be principals, district school board members, or school
1796	superintendents, at least one of whom works in or with a school
1797	with a school grade of "F."
1798	2.  One high school teacher who teaches in a high school
1799	with a school grade of "F."
1800	3.  Two parents of high school students scoring at Level 1
1801	on FCAT Reading, at least one whom has a child enrolled in a
1802	school with a school grade of "F."
1803	4.  One high school student.
1804	5.  One teacher or administrator from a charter high
1805	school.
1806	6.  Two private school teachers or administrators from any
1807	registered Florida private school with students in grades 9-12
1808	regardless of whether the school is nonsectarian, sectarian, not
1809	for profit, or for profit.
1810	7.  One representative of the business community.
1811	(b)  The Speaker of the House of Representatives shall
1812	appoint one member of the House of Representatives to serve on
1813	the task force and the President of the Senate shall appoint one
1814	member of the Senate to serve on the task force.
1815	(3)  Not later than January 1, 2006, the task force shall
1816	vote to recommend to the Speaker of the House of
1817	Representatives, the President of the Senate, and the Governor a
1818	long-term plan for revisions to statutes, rules, and policies
1819	that will improve Florida's grade 9 retention rate, graduation
1820	rate, dropout rate, and college remediation rate and align high
1821	school requirements with the needs of Florida's employers and
1822	postsecondary educational institution requirements. The plan
1823	must be programmatically and fiscally responsible, feasible, and
1824	implementable. The plan must address, but is not limited to
1825	addressing: graduation requirements; effective use of
1826	accelerated high school graduation options pursuant to s.
1827	1003.429; course redesign; remediation strategies; credit
1828	recovery; use of alternative programs, including programs that
1829	emphasize applied integrated curricula, small learning
1830	communities, support services, or increased discipline; use of
1831	technology; adjustments to the school grading system to reflect
1832	learning gains by high school students; middle school systemic
1833	alignment; transition from middle school to high school;
1834	alignment with postsecondary and workforce education
1835	requirements; and alignment with employer expectations.
1836	Section 20.  Section 1003.415, Florida Statutes, is amended
1837	to read:
1838	1003.415  The Middle Grades Reform Act.--
1839	(1)  POPULAR NAME.--This section shall be known by the
1840	popular name the "Middle Grades Reform Act."
1841	(2)  PURPOSE AND INTENT.--
1842	(a)  The purpose of this section is to provide added focus
1843	and rigor to academics in the middle grades. Using reading as
1844	the foundation, all middle grade students should receive
1845	rigorous academic instruction through challenging curricula
1846	delivered by highly qualified teachers in schools with
1847	outstanding leadership, which schools are supported by engaged
1848	and informed parents.
1849	(b)  It is the intent of the Legislature that students
1850	promoted from the eighth grade will have the necessary reading
1851	and mathematics skills to be ready for success in high school.
1852	The mission of middle grades is to prepare students to graduate
1853	from high school.
1854	(3)  DEFINITION.--As used in this section, the term "middle
1855	grades" means grades 6, 7, and 8.
1856	(4)  CURRICULA AND COURSES.--The Department of Education
1857	shall review course offerings, teacher qualifications,
1858	instructional materials, and teaching practices used in reading
1859	and language arts programs in the middle grades. The department
1860	must consult with the Florida Center for Reading Research at
1861	Florida State University, the Just Read, Florida! Office,
1862	reading researchers, reading specialists, and district
1863	supervisors of curriculum in the development of findings and
1864	recommendations. The Commissioner of Education shall make
1865	recommendations to the State Board of Education regarding
1866	changes to reading and language arts curricula in the middle
1867	grades based on research-based proven effective programs. The
1868	State Board of Education shall adopt rules based upon the
1869	commissioner's recommendations no later than March 1, 2005.
1870	Implementation of new or revised reading and language arts
1871	courses in all middle grades shall be phased in beginning no
1872	later than the 2005-2006 school year with completion no later
1873	than the 2008-2009 school year.
1874	(5)  RIGOROUS READING REQUIREMENT.--
1875	(a)  Beginning with the 2004-2005 school year, each public
1876	school serving middle grade students, including charter schools,
1877	with fewer than 75 percent of its students reading at or above
1878	grade level in grade 6, grade 7, or grade 8 as measured by a
1879	student scoring at Level 3 or above on the FCAT during the prior
1880	school year, must incorporate by October 1 a rigorous reading
1881	requirement for reading and language arts programs as the
1882	primary component of its school improvement plan. The department
1883	shall annually provide to each district school board by June 30
1884	a list of its schools that are required to incorporate a
1885	rigorous reading requirement as the primary component of the
1886	school's improvement plan. The department shall provide
1887	technical assistance to school districts and school
1888	administrators required to implement the rigorous reading
1889	requirement.
1890	(b)  The purpose of the rigorous reading requirement is to
1891	assist each student who is not reading at or above grade level
1892	to do so before entering high school. The rigorous reading
1893	requirement must include for a middle school's low-performing
1894	student population specific areas that address phonemic
1895	awareness, phonics, fluency, comprehension, and vocabulary; the
1896	desired levels of performance in those areas; and the
1897	instructional and support services to be provided to meet the
1898	desired levels of performance. The school shall use research-
1899	based reading activities that have been shown to be successful
1900	in teaching reading to low-performing students.
1901	(c)  Schools required to implement the rigorous reading
1902	requirement must provide quarterly reports to the district
1903	school superintendent on the progress of students toward
1904	increased reading achievement.
1905	(d)  The results of implementation of a school's rigorous
1906	reading requirement shall be used as part of the annual
1907	evaluation of the school's instructional personnel and school
1908	administrators as required in s. 1012.34.
1909	(6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC PERFORMANCE
1910	OF STUDENTS AND SCHOOLS.--
1911	(a)  The department shall conduct a study on how the
1912	overall academic performance of middle grade students and
1913	schools can be improved. The department must consult with the
1914	Florida Center for Reading Research at Florida State University,
1915	the Just Read, Florida! Office, and key education stakeholders,
1916	including district school board members, district school
1917	superintendents, principals, parents, teachers, district
1918	supervisors of curriculum, and students across the state, in the
1919	development of its findings and recommendations. The department
1920	shall review, at a minimum, each of the following elements:
1921	1.  Academic expectations, which include, but are not
1922	limited to:
1923	a.  Alignment of middle school expectations with elementary
1924	and high school graduation requirements.
1925	b.  Best practices to improve reading and language arts
1926	courses based on research-based programs for middle school
1927	students in alignment with the Sunshine State Standards.
1928	c.  Strategies that focus on improving academic success for
1929	low-performing students.
1930	d.  Rigor of curricula and courses.
1931	e.  Instructional materials.
1932	f.  Course enrollment by middle school students.
1933	g.  Student support services.
1934	h.  Measurement and reporting of student achievement.
1935	2.  Attendance policies and student mobility issues.
1936	3.  Teacher quality, which includes, but is not limited to:
1937	a.  Preparedness of teachers to teach rigorous courses to
1938	middle school students.
1939	b.  Teacher evaluations.
1940	c.  Substitute teachers.
1941	d.  Certification and recertification requirements.
1942	e.  Staff development requirements.
1943	f.  Availability of effective staff development training.
1944	g.  Teacher recruitment and vacancy issues.
1945	h.  Federal requirements for highly qualified teachers
1946	pursuant to the No Child Left Behind Act of 2001.
1947	4.  Identification and availability of diagnostic testing.
1948	5.  Availability of personnel and scheduling issues.
1949	6.  Middle school leadership and performance.
1950	7.  Parental and community involvement.
1951	(b)  By December 1, 2004, the Commissioner of Education
1952	shall submit to the President of the Senate, the Speaker of the
1953	House of Representatives, the chairs of the education committees
1954	in the Senate and the House of Representatives, and the State
1955	Board of Education recommendations to increase the academic
1956	performance of middle grade students and schools.
1957	(5)(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
1958	(a)  Beginning with the 2004-2005 school year, Each
1959	principal of a school with a middle grade shall designate
1960	certified staff members at the school to develop and administer
1961	a personalized middle school success plan for each entering
1962	sixth grade student who scored below Level 3 in reading on the
1963	most recently administered FCAT. The purpose of the success plan
1964	is to assist the student in meeting state and school district
1965	expectations in academic proficiency and to prepare the student
1966	for a rigorous high school curriculum. The success plan shall be
1967	developed in collaboration with the student and his or her
1968	parent and must be implemented until the student completes the
1969	eighth grade or achieves a score at Level 3 or above in reading
1970	on the FCAT, whichever occurs first. The success plan must
1971	minimize paperwork and may be incorporated into a parent/teacher
1972	conference, included as part of a progress report or report
1973	card, included as part of a general orientation at the beginning
1974	of the school year, or provided by electronic mail or other
1975	written correspondence.
1976	(b)  The personalized middle school success plan must:
1977	1.  Identify educational goals and intermediate benchmarks
1978	for the student in the core curriculum areas which will prepare
1979	the student for high school.
1980	2.  Be based upon academic performance data and an
1981	identification of the student's strengths and weaknesses.
1982	3.  Include academic intervention strategies with frequent
1983	progress monitoring.
1984	4.  Provide innovative methods to promote the student's
1985	advancement which may include, but not be limited to, flexible
1986	scheduling, tutoring, focus on core curricula, online
1987	instruction, an alternative learning environment, or other
1988	interventions that have been shown to accelerate the learning
1989	process.
1990	(c)  The personalized middle school success plan must be
1991	incorporated into any individual student plan required by
1992	federal or state law, including the academic improvement plan
1993	required in s. 1008.25, an individual education plan (IEP) for a
1994	student with disabilities, a federal 504 plan, or an ESOL plan.
1995	(d)  The Department of Education shall provide technical
1996	assistance for districts, school administrators, and
1997	instructional personnel regarding the development of
1998	personalized middle school success plans. The assistance shall
1999	include strategies and techniques designed to maximize
2000	interaction between students, parents, teachers, and other
2001	instructional and administrative staff while minimizing
2002	paperwork.
2003	(6)(8)  STATE BOARD OF EDUCATION AUTHORITY.--
2004	(a)  The State Board of Education shall have authority to
2005	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
2006	the provisions of this section.
2007	(b)  The State Board of Education shall have authority
2008	pursuant to s. 1008.32 to enforce the provisions of this
2009	section.
2010	Section 21.  Section 1003.4155, Florida Statutes, is
2011	created to read:
2012	1003.4155  Middle school grading system.--The grading
2013	system and interpretation of letter grades used in grades 6
2014	through 8 shall be as follows:
2015	(1)  Grade "A" equals 90 percent through 100 percent, has a
2016	grade point average value of 4, and is defined as "outstanding
2017	progress."
2018	(2)  Grade "B" equals 80 percent through 89 percent, has a
2019	grade point average value of 3, and is defined as "above average
2020	progress."
2021	(3)  Grade "C" equals 70 percent through 79 percent, has a
2022	grade point average value of 2, and is defined as "average
2023	progress."
2024	(4)  Grade "D" equals 60 percent through 69 percent, has a
2025	grade point average value of 1, and is defined as "lowest
2026	acceptable progress."
2027	(5)  Grade "F" equals zero percent through 59 percent, has
2028	a grade point average value of zero, and is defined as
2029	"failure."
2030	(6)  Grade "I" equals zero percent, has a grade point
2031	average value of zero, and is defined as "incomplete."
2032	Section 22.  Section 1003.4156, Florida Statutes, is
2033	created to read:
2034	1003.4156  General requirements for middle school
2035	promotion.--
2036	(1)  Beginning with students entering grade 6 in the 2005-
2037	2006 school year, promotion from a middle school with grades 6
2038	through 8 requires that:
2039	(a)  A student must successfully complete 12 academic
2040	credits as follows:
2041	1.  Three middle school or higher credits in
2042	English/language arts.
2043	2.  Three middle school or higher credits in mathematics.
2044	3.  Two middle school or higher credits in social studies.
2045	4.  Two middle school or higher credits in science.
2046	5.  Two middle school or higher credits in elective
2047	courses.
2048	(b)  For each year in which a student scores at Level 1 or
2049	Level 2 on FCAT Reading, the student must the following year be
2050	enrolled in and complete a full-year intensive reading course
2051	for which the student may earn up to one elective credit per
2052	year. Students scoring at Level 3 or Level 4 on FCAT Reading may
2053	be enrolled, with parental permission, in a full-year intensive
2054	reading course for which the student may earn up to two elective
2055	credits during middle school. Reading courses shall be designed
2056	and offered pursuant to the reading instruction plan required by
2057	s. 1011.62(8).
2058	(2)  One full credit means a minimum of 135 hours of
2059	instruction in a designated course of study that contains
2060	student performance standards. For schools authorized by the
2061	district school board to implement block scheduling, one full
2062	credit means a minimum of 120 hours of instruction in a
2063	designated course of study that contains student performance
2064	standards.
2065	(3)  District school boards shall establish policies to
2066	implement the requirements of this section. The policies may
2067	allow alternative methods for students to earn the credits
2068	required by this section. School districts shall emphasize
2069	alternative programs for students scoring at Level 1 on FCAT
2070	Reading who have been retained in elementary school. The
2071	alternatives may include, but are not limited to, opportunities
2072	for students to:
2073	(a)  Recover credits.
2074	(b)  Be promoted on time to high school.
2075	(c)  Be placed in programs that emphasize applied
2076	integrated curricula, small learning communities, support
2077	services, increased discipline, or other strategies documented
2078	to improve student achievement.
2079
2080	The school district's policy shall be submitted to the State
2081	Board of Education for approval. The school district's policy
2082	shall be automatically approved unless specifically rejected by
2083	the State Board of Education within 60 days after receipt.
2084	(4)  The State Board of Education shall adopt rules
2085	pursuant to ss. 120.536(1) and 120.54 to provide for alternative
2086	middle school promotion standards for students in grade 6, grade
2087	7, or grade 8, including students who are not enrolled in
2088	schools with a grade 6 through 8 middle school configuration.
2089	Section 23.  Subsection (2) of section 1003.42, Florida
2090	Statutes, is amended to read:
2091	1003.42  Required instruction.--
2092	(2)  All members of the instructional staff of the public
2093	schools, subject to the rules of the State Board of Education
2094	and the district school board, shall teach efficiently and
2095	faithfully, using the books and materials required that meet the
2096	highest standards for professionalism and historic accuracy,
2097	following the prescribed courses of study, and employing
2098	approved methods of instruction, the following:
2099	(a)  The history and content of the Declaration of
2100	Independence as written, including national sovereignty, natural
2101	law, self-evident truth, equality of all persons, limited
2102	government, popular sovereignty, and God-given, inalienable
2103	rights of life, liberty, and property, and how they form it
2104	forms the philosophical foundation of our government.
2105	(b)  The history, meaning, significance, and effect of the
2106	provisions of the Constitution of the United States and
2107	amendments thereto with emphasis on each of the 10 amendments
2108	that make up the Bill of Rights and how the Constitution
2109	provides the structure of our government.
2110	(c)  The history of the state and the State Constitution.
2111	(d)(b)  The most important arguments in support of adopting
2112	our republican form of government, as they are embodied in the
2113	most important of the Federalist Papers.
2114	(c)  The essentials of the United States Constitution and
2115	how it provides the structure of our government.
2116	(e)(d)  Flag education, including proper flag display and
2117	flag salute.
2118	(f)(e)  The elements of United States civil government,
2119	including the primary functions of and interrelationships
2120	between the Federal Government, the state, and its counties,
2121	municipalities, school districts, and special districts.
2122	(g)  The history of the United States, including the period
2123	of discovery, early colonies, the War for Independence, the
2124	Civil War, Reconstruction, the expansion of the United States to
2125	its present boundaries, the world wars, and the Civil Rights
2126	Movement to the present. The history of the United States shall
2127	be taught as genuine history and shall not follow the
2128	revisionist or postmodernist viewpoints of relative truth.
2129	American history shall be viewed as factual, not as constructed,
2130	shall be viewed as knowable, teachable, and testable, and shall
2131	be defined as the creation of a new nation based largely on the
2132	universal principles stated in the Declaration of Independence.
2133	(h)(f)  The history of the Holocaust (1933-1945), the
2134	systematic, planned annihilation of European Jews and other
2135	groups by Nazi Germany, a watershed event in the history of
2136	humanity, to be taught in a manner that leads to an
2137	investigation of human behavior, an understanding of the
2138	ramifications of prejudice, racism, and stereotyping, and an
2139	examination of what it means to be a responsible and respectful
2140	person, for the purposes of encouraging tolerance of diversity
2141	in a pluralistic society and for nurturing and protecting
2142	democratic values and institutions.
2143	(i)(g)  The history of African Americans, including the
2144	history of African peoples before the political conflicts that
2145	led to the development of slavery, the passage to America, the
2146	enslavement experience, abolition, and the contributions of
2147	African Americans to society.
2148	(j)(h)  The elementary principles of agriculture.
2149	(k)(i)  The true effects of all alcoholic and intoxicating
2150	liquors and beverages and narcotics upon the human body and
2151	mind.
2152	(l)(j)  Kindness to animals.
2153	(k)  The history of the state.
2154	(m)(l)  The conservation of natural resources.
2155	(n)(m)  Comprehensive health education that addresses
2156	concepts of community health; consumer health; environmental
2157	health; family life, including an awareness of the benefits of
2158	sexual abstinence as the expected standard and the consequences
2159	of teenage pregnancy; mental and emotional health; injury
2160	prevention and safety; nutrition; personal health; prevention
2161	and control of disease; and substance use and abuse.
2162	(o)(n)  Such additional materials, subjects, courses, or
2163	fields in such grades as are prescribed by law or by rules of
2164	the State Board of Education and the district school board in
2165	fulfilling the requirements of law.
2166	(p)(o)  The study of Hispanic contributions to the United
2167	States.
2168	(q)(p)  The study of women's contributions to the United
2169	States.
2170	(r)  The nature and importance of free enterprise to the
2171	United States economy.
2172	(s)(q)  A character-development program in the elementary
2173	schools, similar to Character First or Character Counts, which
2174	is secular in nature and stresses such character qualities as
2175	attentiveness, patience, and initiative. Beginning in school
2176	year 2004-2005, the character-development program shall be
2177	required in kindergarten through grade 12. Each district school
2178	board shall develop or adopt a curriculum for the character-
2179	development program that shall be submitted to the department
2180	for approval. The character-development curriculum shall stress
2181	the qualities of patriotism;, responsibility;, citizenship; the
2182	Golden Rule;, kindness;, respect for authority, human life,
2183	liberty, and personal property;, honesty; charity;, self-
2184	control;, racial, ethnic, and religious tolerance;, and
2185	cooperation.
2186	(t)(r)  In order to encourage patriotism, the sacrifices
2187	that veterans have made in serving our country and protecting
2188	democratic values worldwide. Such instruction must occur on or
2189	before Veterans' Day and Memorial Day. Members of the
2190	instructional staff are encouraged to use the assistance of
2191	local veterans when practicable.
2192	Section 24.  Paragraph (g) of subsection (1) of section
2193	1003.43, Florida Statutes, is amended to read:
2194	1003.43  General requirements for high school graduation.--
2195	(1)  Graduation requires successful completion of either a
2196	minimum of 24 academic credits in grades 9 through 12 or an
2197	International Baccalaureate curriculum. The 24 credits shall be
2198	distributed as follows:
2199	(g)  One-half credit in American government, including
2200	study of the Declaration of Independence and the Constitution of
2201	the United States. For students entering the 9th grade in the
2202	1997-1998 school year and thereafter, the study of Florida
2203	government, including study of the State Constitution, the three
2204	branches of state government, and municipal and county
2205	government, shall be included as part of the required study of
2206	American government.
2207
2208	District school boards may award a maximum of one-half credit in
2209	social studies and one-half elective credit for student
2210	completion of nonpaid voluntary community or school service
2211	work. Students choosing this option must complete a minimum of
2212	75 hours of service in order to earn the one-half credit in
2213	either category of instruction. Credit may not be earned for
2214	service provided as a result of court action. District school
2215	boards that approve the award of credit for student volunteer
2216	service shall develop guidelines regarding the award of the
2217	credit, and school principals are responsible for approving
2218	specific volunteer activities. A course designated in the Course
2219	Code Directory as grade 9 through grade 12 that is taken below
2220	the 9th grade may be used to satisfy high school graduation
2221	requirements or Florida Academic Scholars award requirements as
2222	specified in a district school board's student progression plan.
2223	A student shall be granted credit toward meeting the
2224	requirements of this subsection for equivalent courses, as
2225	identified pursuant to s. 1007.271(6), taken through dual
2226	enrollment.
2227	Section 25.  Section 1003.57, Florida Statutes, is amended
2228	to read:
2229	1003.57  Exceptional students instruction.--
2230	(1)  Each district school board shall provide for an
2231	appropriate program of special instruction, facilities, and
2232	services for exceptional students as prescribed by the State
2233	Board of Education as acceptable, including provisions that:
2234	(a)(1)  The district school board provide the necessary
2235	professional services for diagnosis and evaluation of
2236	exceptional students.
2237	(b)(2)  The district school board provide the special
2238	instruction, classes, and services, either within the district
2239	school system, in cooperation with other district school
2240	systems, or through contractual arrangements with approved
2241	private schools or community facilities that meet standards
2242	established by the commissioner.
2243	(c)(3)  The district school board annually provide
2244	information describing the Florida School for the Deaf and the
2245	Blind and all other programs and methods of instruction
2246	available to the parent of a sensory-impaired student.
2247	(d)(4)  The district school board, once every 3 years,
2248	submit to the department its proposed procedures for the
2249	provision of special instruction and services for exceptional
2250	students.
2251	(e)(5)  No student be given special instruction or services
2252	as an exceptional student until after he or she has been
2253	properly evaluated, classified, and placed in the manner
2254	prescribed by rules of the State Board of Education. The parent
2255	of an exceptional student evaluated and placed or denied
2256	placement in a program of special education shall be notified of
2257	each such evaluation and placement or denial. Such notice shall
2258	contain a statement informing the parent that he or she is
2259	entitled to a due process hearing on the identification,
2260	evaluation, and placement, or lack thereof. Such hearings shall
2261	be exempt from the provisions of ss. 120.569, 120.57, and
2262	286.011, except to the extent that the State Board of Education
2263	adopts rules establishing other procedures and any records
2264	created as a result of such hearings shall be confidential and
2265	exempt from the provisions of s. 119.07(1). The hearing must be
2266	conducted by an administrative law judge from the Division of
2267	Administrative Hearings of the Department of Management
2268	Services. The decision of the administrative law judge shall be
2269	final, except that any party aggrieved by the finding and
2270	decision rendered by the administrative law judge shall have the
2271	right to bring a civil action in the circuit court. In such an
2272	action, the court shall receive the records of the
2273	administrative hearing and shall hear additional evidence at the
2274	request of either party. In the alternative, any party aggrieved
2275	by the finding and decision rendered by the administrative law
2276	judge shall have the right to request an impartial review of the
2277	administrative law judge's order by the district court of appeal
2278	as provided by s. 120.68. Notwithstanding any law to the
2279	contrary, during the pendency of any proceeding conducted
2280	pursuant to this section, unless the district school board and
2281	the parents otherwise agree, the student shall remain in his or
2282	her then-current educational assignment or, if applying for
2283	initial admission to a public school, shall be assigned, with
2284	the consent of the parents, in the public school program until
2285	all such proceedings have been completed.
2286	(f)(6)  In providing for the education of exceptional
2287	students, the district school superintendent, principals, and
2288	teachers shall utilize the regular school facilities and adapt
2289	them to the needs of exceptional students to the maximum extent
2290	appropriate. Segregation of exceptional students shall occur
2291	only if the nature or severity of the exceptionality is such
2292	that education in regular classes with the use of supplementary
2293	aids and services cannot be achieved satisfactorily.
2294	(g)(7)  In addition to the services agreed to in a
2295	student's individual education plan, the district school
2296	superintendent shall fully inform the parent of a student having
2297	a physical or developmental disability of all available services
2298	that are appropriate for the student's disability. The
2299	superintendent shall provide the student's parent with a summary
2300	of the student's rights.
2301	(2)(a)  An exceptional student with a disability who
2302	resides in a residential facility and receives special
2303	instruction or services is considered a resident of the state in
2304	which the parent is a resident. The cost of such instruction,
2305	facilities, and services for a nonresident exceptional student
2306	with a disability shall be provided by the placing authority,
2307	such as a public school entity, other placing authority, or
2308	parent, in the parent's state of residence. A nonresident
2309	exceptional student with a disability who resides in a
2310	residential facility may not be reported by any school district
2311	for FTE funding in the Florida Education Finance Program.
2312	(b)  The Department of Education shall provide to each
2313	school district a statement of the specific limitations of the
2314	district's financial obligation for exceptional students with
2315	disabilities under federal and state law. The department shall
2316	also provide to each school district technical assistance as
2317	necessary for developing a local plan to impose on a parent's
2318	state of residence the fiscal responsibility for educating a
2319	nonresident exceptional student with a disability.
2320	(c)  The Department of Education shall develop a process by
2321	which a school district must, before providing services to an
2322	exceptional student with a disability who resides in a
2323	residential facility in this state, review the residency of the
2324	student. The residential facility, not the district, is
2325	responsible for billing and collecting from the parent's state
2326	of residence for the nonresident student's educational and
2327	related services.
2328	(d)  This subsection applies to any nonresident exceptional
2329	student with a disability who resides in a residential facility
2330	and who receives instruction as an exceptional student with a
2331	disability in any type of residential facility in this state,
2332	including, but not limited to, a private school, a group home
2333	facility as defined in s. 393.063, an intensive residential
2334	treatment program for children and adolescents as defined in s.
2335	395.002, a facility as defined in s. 394.455, an intermediate
2336	care facility for the developmentally disabled or ICF/DD as
2337	defined in s. 393.063 or s. 400.960, or a community residential
2338	home as defined in s. 419.001.
2339	(3)  Notwithstanding s. 1000.21(5), for purposes of this
2340	section, the term "parent" is defined as either or both parents
2341	of a student or any guardian of a student.
2342	(4)  The State Board of Education may adopt rules pursuant
2343	to ss. 120.536(1) and 120.54 to implement the provisions of this
2344	section relating to determination of the residency of an
2345	exceptional student with a disability.
2346	Section 26.  Section 1003.575, Florida Statutes, is created
2347	to read:
2348	1003.575  Individual education plans for exceptional
2349	students.--The Department of Education shall coordinate the
2350	development of an individual education plan (IEP) form for use
2351	in developing and implementing individual education plans for
2352	exceptional students. The IEP form shall have a streamlined
2353	format and shall be compatible with federal standards. The
2354	department shall make the IEP form available to each school
2355	district in the state to facilitate the use of an existing IEP
2356	when a student transfers from one school district to another.
2357	Section 27.  Subsection (3) of section 1003.58, Florida
2358	Statutes, is amended to read:
2359	1003.58  Students in residential care facilities.--Each
2360	district school board shall provide educational programs
2361	according to rules of the State Board of Education to students
2362	who reside in residential care facilities operated by the
2363	Department of Children and Family Services.
2364	(3)  The district school board shall have full and complete
2365	authority in the matter of the assignment and placement of such
2366	students in educational programs. The parent of an exceptional
2367	student shall have the same due process rights as are provided
2368	under s. 1003.57(1)(e)(5).
2369
2370	Notwithstanding the provisions herein, the educational program
2371	at the Marianna Sunland Center in Jackson County shall be
2372	operated by the Department of Education, either directly or
2373	through grants or contractual agreements with other public or
2374	duly accredited educational agencies approved by the Department
2375	of Education.
2376	Section 28.  Paragraph (a) of subsection (1) and paragraph
2377	(a) of subsection (2) of section 1003.62, Florida Statutes, are
2378	amended to read:
2379	1003.62  Academic performance-based charter school
2380	districts.--The State Board of Education may enter into a
2381	performance contract with district school boards as authorized
2382	in this section for the purpose of establishing them as academic
2383	performance-based charter school districts. The purpose of this
2384	section is to examine a new relationship between the State Board
2385	of Education and district school boards that will produce
2386	significant improvements in student achievement, while complying
2387	with constitutional and statutory requirements assigned to each
2388	entity.
2389	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
2390	(a)  A school district shall be eligible for designation as
2391	an academic performance-based charter school district if it is a
2392	high-performing school district in which a minimum of 50 percent
2393	of the schools earn a performance grade of category "A" or "B"
2394	and in which no school earns a performance grade of category "D"
2395	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
2396	that receive a performance grade of category "I" or "N" shall
2397	not be included in this calculation. The performance contract
2398	for a school district that earns a charter based on school
2399	performance grades shall be predicated on maintenance of at
2400	least 50 percent of the schools in the school district earning a
2401	performance grade of category "A" or "B" with no school in the
2402	school district earning a performance grade of category "D" or
2403	"F" for 2 consecutive years. A school district in which the
2404	number of schools that earn a performance grade of "A" or "B" is
2405	less than 50 percent may have its charter renewed for 1 year;
2406	however, if the percentage of "A" or "B" schools is less than 50
2407	percent for 2 consecutive years, the charter shall not be
2408	renewed.
2409	(2)  EXEMPTION FROM STATUTES AND RULES.--
2410	(a)  An academic performance-based charter school district
2411	shall operate in accordance with its charter and shall be exempt
2412	from certain State Board of Education rules and statutes if the
2413	State Board of Education determines such an exemption will
2414	assist the district in maintaining or improving its high-
2415	performing status pursuant to paragraph (1)(a). However, the
2416	State Board of Education may not exempt an academic performance-
2417	based charter school district from any of the following
2418	statutes:
2419	1.  Those statutes pertaining to the provision of services
2420	to students with disabilities.
2421	2.  Those statutes pertaining to civil rights, including s.
2422	1000.05, relating to discrimination.
2423	3.  Those statutes pertaining to student health, safety,
2424	and welfare.
2425	4.  Those statutes governing the election or compensation
2426	of district school board members.
2427	5.  Those statutes pertaining to the student assessment
2428	program and the school grading system, including chapter 1008.
2429	6.  Those statutes pertaining to financial matters,
2430	including chapter 1010.
2431	7.  Those statutes pertaining to planning and budgeting,
2432	including chapter 1011, except that ss. 1011.64 and 1011.69
2433	shall be eligible for exemption.
2434	8.  Sections 1012.22(1)(c), 1012.2312, and 1012.27(2),
2435	relating to performance-pay and differentiated-pay policies for
2436	school administrators and instructional personnel. Professional
2437	service contracts shall be subject to the provisions of ss.
2438	1012.33 and 1012.34.
2439	9.  Those statutes pertaining to educational facilities,
2440	including chapter 1013, except as specified under contract with
2441	the State Board of Education. However, no contractual provision
2442	that could have the effect of requiring the appropriation of
2443	additional capital outlay funds to the academic performance-
2444	based charter school district shall be valid.
2445	Section 29.  Paragraph (e) of subsection (2) of section
2446	1005.22, Florida Statutes, is amended to read:
2447	1005.22  Powers and duties of commission.--
2448	(2)  The commission may:
2449	(e)  Advise the Governor, the Legislature, the State Board
2450	of Education, the Council for Education Policy Research and
2451	Improvement, and the Commissioner of Education on issues
2452	relating to private postsecondary education.
2453	Section 30.  Subsection (3) of section 1007.33, Florida
2454	Statutes, is amended to read:
2455	1007.33  Site-determined baccalaureate degree access.--
2456	(3)  A community college may develop a proposal to deliver
2457	specified baccalaureate degree programs in its district to meet
2458	local workforce needs. The proposal must be submitted to the
2459	State Board of Education for approval. The community college's
2460	proposal must include the following information:
2461	(a)  Demand for the baccalaureate degree program is
2462	identified by the workforce development board, local businesses
2463	and industry, local chambers of commerce, and potential
2464	students.
2465	(b)  Unmet need for graduates of the proposed degree
2466	program is substantiated.
2467	(c)  The community college has the facilities and academic
2468	resources to deliver the program.
2469
2470	The proposal must be submitted to the Council for Education
2471	Policy Research and Improvement for review and comment. Upon
2472	approval of the State Board of Education for the specific degree
2473	program or programs, the community college shall pursue regional
2474	accreditation by the Commission on Colleges of the Southern
2475	Association of Colleges and Schools. Any additional
2476	baccalaureate degree programs the community college wishes to
2477	offer must be approved by the State Board of Education.
2478	Section 31.  Paragraph (f) of subsection (1), paragraphs
2479	(c) and (e) of subsection (3), and subsection (9) of section
2480	1008.22, Florida Statutes, are amended, subsection (10) is
2481	renumbered as subsection (11), and a new subsection (10) is
2482	added to said section, to read:
2483	1008.22  Student assessment program for public schools.--
2484	(1)  PURPOSE.--The primary purposes of the student
2485	assessment program are to provide information needed to improve
2486	the public schools by enhancing the learning gains of all
2487	students and to inform parents of the educational progress of
2488	their public school children. The program must be designed to:
2489	(f)  Provide information on the performance of Florida
2490	students compared with other students others across the United
2491	States.
2492	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
2493	design and implement a statewide program of educational
2494	assessment that provides information for the improvement of the
2495	operation and management of the public schools, including
2496	schools operating for the purpose of providing educational
2497	services to youth in Department of Juvenile Justice programs.
2498	The commissioner may enter into contracts for the continued
2499	administration of the assessment, testing, and evaluation
2500	programs authorized and funded by the Legislature. Contracts may
2501	be initiated in 1 fiscal year and continue into the next and may
2502	be paid from the appropriations of either or both fiscal years.
2503	The commissioner is authorized to negotiate for the sale or
2504	lease of tests, scoring protocols, test scoring services, and
2505	related materials developed pursuant to law. Pursuant to the
2506	statewide assessment program, the commissioner shall:
2507	(c)  Develop and implement a student achievement testing
2508	program known as the Florida Comprehensive Assessment Test
2509	(FCAT) as part of the statewide assessment program, to be
2510	administered annually in grades 3 through 10 to measure reading,
2511	writing, science, and mathematics. Other content areas may be
2512	included as directed by the commissioner. The assessment of
2513	reading and mathematics shall be administered annually in grades
2514	3 through 10. The assessment of writing and science shall be
2515	administered at least once at the elementary, middle, and high
2516	school levels. The testing program must be designed so that:
2517	1.  The tests measure student skills and competencies
2518	adopted by the State Board of Education as specified in
2519	paragraph (a). The tests must measure and report student
2520	proficiency levels in reading, writing, mathematics, and
2521	science. The commissioner shall provide for the tests to be
2522	developed or obtained, as appropriate, through contracts and
2523	project agreements with private vendors, public vendors, public
2524	agencies, postsecondary educational institutions, or school
2525	districts. The commissioner shall obtain input with respect to
2526	the design and implementation of the testing program from state
2527	educators and the public.
2528	2.  The testing program will include a combination of norm-
2529	referenced and criterion-referenced tests and include, to the
2530	extent determined by the commissioner, questions that require
2531	the student to produce information or perform tasks in such a
2532	way that the skills and competencies he or she uses can be
2533	measured.
2534	3.  Each testing program, whether at the elementary,
2535	middle, or high school level, includes a test of writing in
2536	which students are required to produce writings that are then
2537	scored by appropriate methods.
2538	4.  A score is designated for each subject area tested,
2539	below which score a student's performance is deemed inadequate.
2540	The school districts shall provide appropriate remedial
2541	instruction to students who score below these levels.
2542	5.  Except as provided in s. 1003.43(11)(b), students must
2543	earn a passing score on the grade 10 assessment test described
2544	in this paragraph or on an alternate assessment as described in
2545	subsection (9) in reading, writing, and mathematics to qualify
2546	for a regular high school diploma. The State Board of Education
2547	shall designate a passing score for each part of the grade 10
2548	assessment test. In establishing passing scores, the state board
2549	shall consider any possible negative impact of the test on
2550	minority students. All students who took the grade 10 FCAT
2551	during the 2000-2001 school year shall be required to earn the
2552	passing scores in reading and mathematics established by the
2553	State Board of Education for the March 2001 test administration.
2554	Such students who did not earn the established passing scores
2555	and must repeat the grade 10 FCAT are required to earn the
2556	passing scores established for the March 2001 test
2557	administration. All students who take the grade 10 FCAT for the
2558	first time in March 2002 shall be required to earn the passing
2559	scores in reading and mathematics established by the State Board
2560	of Education for the March 2002 test administration. The State
2561	Board of Education shall adopt rules which specify the passing
2562	scores for the grade 10 FCAT. Any such rules, which have the
2563	effect of raising the required passing scores, shall only apply
2564	to students taking the grade 10 FCAT for the first time after
2565	such rules are adopted by the State Board of Education.
2566	6.  Participation in the testing program is mandatory for
2567	all students attending public school, including students served
2568	in Department of Juvenile Justice programs, except as otherwise
2569	prescribed by the commissioner. If a student does not
2570	participate in the statewide assessment, the district must
2571	notify the student's parent and provide the parent with
2572	information regarding the implications of such nonparticipation.
2573	If modifications are made in the student's instruction to
2574	provide accommodations that would not be permitted on the
2575	statewide assessment tests, the district must notify the
2576	student's parent of the implications of such instructional
2577	modifications. A parent must provide signed consent for a
2578	student to receive instructional modifications that would not be
2579	permitted on the statewide assessments and must acknowledge in
2580	writing that he or she understands the implications of such
2581	accommodations. The State Board of Education shall adopt rules,
2582	based upon recommendations of the commissioner, for the
2583	provision of test accommodations and modifications of procedures
2584	as necessary for students in exceptional education programs and
2585	for students who have limited English proficiency.
2586	Accommodations that negate the validity of a statewide
2587	assessment are not allowable.
2588	7.  A student seeking an adult high school diploma must
2589	meet the same testing requirements that a regular high school
2590	student must meet.
2591	8.  District school boards must provide instruction to
2592	prepare students to demonstrate proficiency in the skills and
2593	competencies necessary for successful grade-to-grade progression
2594	and high school graduation. If a student is provided with
2595	accommodations or modifications that are not allowable in the
2596	statewide assessment program, as described in the test manuals,
2597	the district must inform the parent in writing and must provide
2598	the parent with information regarding the impact on the
2599	student's ability to meet expected proficiency levels in
2600	reading, writing, and math. The commissioner shall conduct
2601	studies as necessary to verify that the required skills and
2602	competencies are part of the district instructional programs.
2603	9.  The Department of Education must develop, or select,
2604	and implement a common battery of assessment tools that will be
2605	used in all juvenile justice programs in the state. These tools
2606	must accurately measure the skills and competencies established
2607	in the Florida Sunshine State Standards.
2608
2609	The commissioner may design and implement student testing
2610	programs, for any grade level and subject area, necessary to
2611	effectively monitor educational achievement in the state.
2612	(e)  Conduct ongoing research and analysis of student
2613	achievement data, including, without limitation, monitoring
2614	trends in student achievement by grade level and overall student
2615	achievement, identifying school programs that are successful,
2616	and analyzing correlates of school achievement.
2617	(9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
2618	(a)  The State Board of Education shall conduct concordance
2619	studies, as necessary, to determine scores on the SAT and the
2620	ACT equivalent to those required on the FCAT for high school
2621	graduation pursuant to s. 1003.429(6)(a) or s. 1003.43(5)(a).
2622	(b)(a)  The Commissioner of Education shall approve the use
2623	of the SAT and ACT tests as alternative assessments to the grade
2624	10 FCAT for the 2003-2004 school year. Students who attain
2625	scores on the SAT or ACT which equate to the passing scores on
2626	the grade 10 FCAT for purposes of high school graduation shall
2627	satisfy the assessment requirement for a standard high school
2628	diploma as provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for
2629	the 2003-2004 school year if the students meet the requirement
2630	in paragraph (c)(b).
2631	(c)(b)  A student shall be required to take each subject
2632	area of the grade 10 FCAT a total of three times without earning
2633	a passing score in order to use the corresponding subject area
2634	scores on an alternative assessment pursuant to paragraph
2635	(b)(a). This requirement shall not apply to a new student who
2636	enters is a new student to the Florida public school system in
2637	grade 12, who may either take the FCAT or use approved score
2638	equivalencies to fulfill the graduation requirement.
2639	(10)  REPORTS.--The Department of Education shall annually
2640	provide a report to the Governor, the President of the Senate,
2641	and the Speaker of the House of Representatives on the
2642	following:
2643	(a)  Longitudinal performance of students in mathematics
2644	and reading.
2645	(b)  Longitudinal performance of students by grade level in
2646	mathematics and reading.
2647	(c)  Longitudinal performance regarding efforts to close
2648	the achievement gap.
2649	(d)  Longitudinal performance of students on the norm-
2650	referenced component of the FCAT.
2651	(e)  Other student performance data based on national norm-
2652	referenced and criterion-referenced tests, when available, and
2653	numbers of students who after 8th grade enroll in adult
2654	education rather than other secondary education.
2655	Section 32.  Paragraph (b) of subsection (4) and paragraph
2656	(b) of subsection (8) of section 1008.25, Florida Statutes, are
2657	amended, and paragraph (c) is added to subsection (8) of said
2658	section, to read:
2659	1008.25  Public school student progression; remedial
2660	instruction; reporting requirements.--
2661	(4)  ASSESSMENT AND REMEDIATION.--
2662	(b)  The school in which the student is enrolled must
2663	develop, in consultation with the student's parent, and must
2664	implement an academic improvement plan designed to assist the
2665	student in meeting state and district expectations for
2666	proficiency. For a student for whom a personalized middle school
2667	success plan is required pursuant to s. 1003.415, the middle
2668	school success plan must be incorporated in the student's
2669	academic improvement plan. Beginning with the 2002-2003 school
2670	year, if the student has been identified as having a deficiency
2671	in reading, the academic improvement plan shall identify the
2672	student's specific areas of deficiency in phonemic awareness,
2673	phonics, fluency, comprehension, and vocabulary; the desired
2674	levels of performance in these areas; and the instructional and
2675	support services to be provided to meet the desired levels of
2676	performance. Schools shall also provide for the frequent
2677	monitoring of the student's progress in meeting the desired
2678	levels of performance. District school boards may require low-
2679	performing students to attend remediation programs held before
2680	or after regular school hours, upon the request of the school
2681	principal, and shall assist schools and teachers to implement
2682	research-based reading activities that have been shown to be
2683	successful in teaching reading to low-performing students.
2684	Remedial instruction provided during high school may not be in
2685	lieu of English and mathematics credits required for graduation.
2686	(8)  ANNUAL REPORT.--
2687	(b)  Beginning with the 2001-2002 school year, Each
2688	district school board must annually publish in the local
2689	newspaper, and report in writing to the State Board of Education
2690	by September 1 of each year, the following information on the
2691	prior school year:
2692	1.  The provisions of this section relating to public
2693	school student progression and the district school board's
2694	policies and procedures on student retention and promotion.
2695	2.  By grade, the number and percentage of all students in
2696	grades 3 through 10 performing at Levels 1 and 2 on the reading
2697	portion of the FCAT.
2698	3.  By grade, the number and percentage of all students
2699	retained in grades 3 through 10.
2700	4.  Information on the total number of students who were
2701	promoted for good cause, by each category of good cause as
2702	specified in paragraph (6)(b).
2703	5.  Any revisions to the district school board's policy on
2704	student retention and promotion from the prior year.
2705	(c)  The Department of Education shall establish a uniform
2706	format for school districts to report the information required
2707	in paragraph (b). The format shall be developed with input from
2708	school districts and shall be provided not later than 60 days
2709	prior to the annual due date. The department shall annually
2710	compile the information required in subparagraphs (b)2., 3., and
2711	4., along with state-level summary information, and report such
2712	information to the Governor, the President of the Senate, and
2713	the Speaker of the House of Representatives.
2714	Section 33.  Section 1008.301, Florida Statutes, is
2715	repealed.
2716	Section 34.  Section 1008.31, Florida Statutes, is amended
2717	to read:
2718	1008.31  Florida's K-20 education performance
2719	accountability system; legislative intent; public accountability
2720	and reporting performance-based funding; mission, goals, and
2721	systemwide measures.--
2722	(1)  LEGISLATIVE INTENT.--It is the intent of the
2723	Legislature that:
2724	(a)  The performance accountability system implemented to
2725	assess the effectiveness of Florida's seamless K-20 education
2726	delivery system provide answers to the following questions in
2727	relation to its mission and goals:
2728	1.  What is the public receiving in return for funds it
2729	invests in education?
2730	2.  How effectively is Florida's K-20 education system
2731	educating its students?
2732	3.  How effectively are the major delivery sectors
2733	promoting student achievement?
2734	4.  How are individual schools and postsecondary education
2735	institutions performing their responsibility to educate their
2736	students as measured by how students are performing and how much
2737	they are learning?
2738	(b)  The K-20 education performance accountability system
2739	be established as a single, unified accountability system with
2740	multiple components, including, but not limited to, measures of
2741	adequate yearly progress, individual student learning gains in
2742	public schools, school grades, and return on investment.
2743	(c)  The K-20 education performance accountability system
2744	comply with the accountability requirements of the "No Child
2745	Left Behind Act of 2001," Pub. L. No. 107-110.
2746	(d)  The State Board of Education recommend to the
2747	Legislature systemwide performance standards; the Legislature
2748	establish systemwide performance measures and standards; and the
2749	systemwide measures and standards provide Floridians with
2750	information on what the public is receiving in return for the
2751	funds it invests in education and how well the K-20 system
2752	educates its students.
2753	(e)  The State Board of Education establish performance
2754	measures and set performance standards for individual components
2755	of the public education system, including individual schools and
2756	postsecondary educational institutions, with measures and
2757	standards based primarily on student achievement.
2758	(2)  PERFORMANCE-BASED FUNDING.--
2759	(a)  The State Board of Education shall cooperate with each
2760	delivery system to develop proposals for performance-based
2761	funding, using performance measures adopted pursuant to this
2762	section.
2763	(b)  The State Board of Education proposals must provide
2764	that at least 10 percent of the state funds appropriated for the
2765	K-20 education system are conditional upon meeting or exceeding
2766	established performance standards.
2767	(c)  The State Board of Education shall adopt guidelines
2768	required to implement performance-based funding that allow 1
2769	year to demonstrate achievement of specified performance
2770	standards prior to a reduction in appropriations pursuant to
2771	this section.
2772	(d)  By December 1, 2003, the State Board of Education
2773	shall adopt common definitions, measures, standards, and
2774	performance improvement targets required to:
2775	1.  Use the state core measures and the sector-specific
2776	measures to evaluate the progress of each sector of the
2777	educational delivery system toward meeting the systemwide goals
2778	for public education.
2779	2.  Notify the sectors of their progress in achieving the
2780	specified measures so that they may develop improvement plans
2781	that directly influence decisions about policy, program
2782	development, and management.
2783	3.  Implement the performance-based budgeting system
2784	described in this section.
2785	(e)  During the 2003-2004 fiscal year, the Department of
2786	Education shall collect data required to establish progress,
2787	rewards, and sanctions.
2788	(f)  By December 1, 2004, the Department of Education shall
2789	recommend to the Legislature a formula for performance-based
2790	funding that applies accountability standards for the individual
2791	components of the public education system at every level,
2792	kindergarten through graduate school. Effective for the 2004-
2793	2005 fiscal year and thereafter, subject to annual legislative
2794	approval in the General Appropriations Act, performance-based
2795	funds shall be allocated based on the progress, rewards, and
2796	sanctions established pursuant to this section.
2797	(2)(3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
2798	(a)  The mission of Florida's K-20 education system shall
2799	be to increase the proficiency of all students within one
2800	seamless, efficient system, by allowing them the opportunity to
2801	expand their knowledge and skills through learning opportunities
2802	and research valued by students, parents, and communities.
2803	(b)  The process State Board of Education shall adopt
2804	guiding principles for establishing state and sector-specific
2805	standards and measures must be:
2806	1.  Focused on student success.
2807	2.  Addressable through policy and program changes.
2808	3.  Efficient and of high quality.
2809	4.  Measurable over time.
2810	5.  Simple to explain and display to the public.
2811	6.  Aligned with other measures and other sectors to
2812	support a coordinated K-20 education system.
2813	(c)  The Department State Board of Education shall maintain
2814	an accountability system that measures student progress toward
2815	the following goals:
2816	1.  Highest student achievement, as indicated by evidence
2817	of student learning gains at all levels measured by: student
2818	FCAT performance and annual learning gains; the number and
2819	percentage of schools that improve at least one school
2820	performance grade designation or maintain a school performance
2821	grade designation of "A" pursuant to s. 1008.34; graduation or
2822	completion rates at all learning levels; and other measures
2823	identified in law or rule.
2824	2.  Seamless articulation and maximum access, as measured
2825	by evidence of progression, readiness, and access by targeted
2826	groups of students identified by the Commissioner of Education:
2827	the percentage of students who demonstrate readiness for the
2828	educational level they are entering, from kindergarten through
2829	postsecondary education and into the workforce; the number and
2830	percentage of students needing remediation; the percentage of
2831	Floridians who complete associate, baccalaureate, graduate,
2832	professional, and postgraduate degrees; the number and
2833	percentage of credits that articulate; the extent to which each
2834	set of exit-point requirements matches the next set of entrance-
2835	point requirements; the degree to which underserved populations
2836	access educational opportunity; the extent to which access is
2837	provided through innovative educational delivery strategies; and
2838	other measures identified in law or rule.
2839	3.  Skilled workforce and economic development, as measured
2840	by evidence of employment and earnings: the number and
2841	percentage of graduates employed in their areas of preparation;
2842	the percentage of Floridians with high school diplomas and
2843	postsecondary education credentials; the percentage of business
2844	and community members who find that Florida's graduates possess
2845	the skills they need; national rankings; and other measures
2846	identified in law or rule.
2847	4.  Quality efficient services, as measured by evidence of
2848	return on investment: cost per completer or graduate; average
2849	cost per noncompleter at each educational level; cost disparity
2850	across institutions offering the same degrees; the percentage of
2851	education customers at each educational level who are satisfied
2852	with the education provided; and other measures identified in
2853	law or rule.
2854	5.  Other goals as identified by law or rule.
2855	(3)(4)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
2856	DATA COLLECTION.--To provide data required to implement
2857	education performance accountability measures in state and
2858	federal law, the Commissioner of Education shall initiate and
2859	maintain strategies to improve data quality and timeliness.
2860	(a)  School districts and public postsecondary educational
2861	institutions shall maintain information systems that will
2862	provide the State Board of Education, the Board of Governors,
2863	and the Legislature with information and reports necessary to
2864	address the specifications of the accountability system. The
2865	State Board of Education shall determine the standards for the
2866	required data. The level of comprehensiveness and quality shall
2867	be no less than that which was available as of June 30, 2001.
2868	(b)  The Commissioner of Education shall determine the
2869	standards for the required data, monitor data quality, and
2870	measure improvements. The commissioner shall report annually to
2871	the State Board of Education, the Board of Governors, the
2872	President of the Senate, and the Speaker of the House of
2873	Representatives data quality indicators and ratings for all
2874	school districts and public postsecondary educational
2875	institutions.
2876	(4)  REPORTING OR DATA COLLECTION.--The department shall
2877	coordinate with school districts in developing any reporting or
2878	data collection requirements to address the specifications of
2879	the accountability system. Before establishing any new reporting
2880	or data collection requirements, the department shall utilize
2881	any existing data being collected to reduce duplication and
2882	minimize paperwork.
2883	(5)  RULES.--The State Board of Education shall adopt rules
2884	pursuant to ss. 120.536(1) and 120.54 to implement the
2885	provisions of this section.
2886	Section 35.  Subsections (1), (2), and (4) of section
2887	1008.33, Florida Statutes, are amended to read:
2888	1008.33  Authority to enforce public school
2889	improvement.--It is the intent of the Legislature that all
2890	public schools be held accountable for students performing at
2891	acceptable levels. A system of school improvement and
2892	accountability that assesses student performance by school,
2893	identifies schools in which students are not making adequate
2894	progress toward state standards, institutes appropriate measures
2895	for enforcing improvement, and provides rewards and sanctions
2896	based on performance shall be the responsibility of the State
2897	Board of Education.
2898	(1)  Pursuant to Art. IX of the State Constitution
2899	prescribing the duty of the State Board of Education to
2900	supervise Florida's public school system and notwithstanding any
2901	other statutory provisions to the contrary, the State Board of
2902	Education shall intervene in the operation of a district school
2903	system when one or more schools in the school district have
2904	failed to make adequate progress for 2 school years in a 4-year
2905	period. For purposes of determining when a school is eligible
2906	for state board action and opportunity scholarships for its
2907	students, the terms "2 years in any 4-year period" and "2 years
2908	in a 4-year period" mean that in any year that a school has a
2909	grade of "F," the school is eligible for state board action and
2910	opportunity scholarships for its students if it also has had a
2911	grade of "F" in any of the previous 3 school years. The State
2912	Board of Education may determine that the school district or
2913	school has not taken steps sufficient for students in the school
2914	to be academically well served. Considering recommendations of
2915	the Commissioner of Education, the State Board of Education
2916	shall recommend action to a district school board intended to
2917	improve educational services to students in each school that is
2918	designated with a as performance grade of category "F."
2919	Recommendations for actions to be taken in the school district
2920	shall be made only after thorough consideration of the unique
2921	characteristics of a school, which shall include student
2922	mobility rates, the number and type of exceptional students
2923	enrolled in the school, and the availability of options for
2924	improved educational services. The state board shall adopt by
2925	rule steps to follow in this process. Such steps shall provide
2926	school districts sufficient time to improve student performance
2927	in schools and the opportunity to present evidence of assistance
2928	and interventions that the district school board has
2929	implemented.
2930	(2)  The State Board of Education may recommend one or more
2931	of the following actions to district school boards to enable
2932	students in schools designated with a as performance grade of
2933	category "F" to be academically well served by the public school
2934	system:
2935	(a)  Provide additional resources, change certain
2936	practices, and provide additional assistance if the state board
2937	determines the causes of inadequate progress to be related to
2938	school district policy or practice;
2939	(b)  Implement a plan that satisfactorily resolves the
2940	education equity problems in the school;
2941	(c)  Contract for the educational services of the school,
2942	or reorganize the school at the end of the school year under a
2943	new school principal who is authorized to hire new staff and
2944	implement a plan that addresses the causes of inadequate
2945	progress;
2946	(d)  Transfer high-quality teachers, faculty, and staff as
2947	needed to ensure adequate educational opportunities designed to
2948	improve the performance of students in a low-performing school;
2949	(e)(d)  Allow parents of students in the school to send
2950	their children to another district school of their choice; or
2951	(f)(e)  Other action appropriate to improve the school's
2952	performance.
2953	(4)  The State Board of Education may require the
2954	Department of Education or Chief Financial Officer to withhold
2955	any transfer of state funds to the school district if, within
2956	the timeframe specified in state board action, the school
2957	district has failed to comply with the action ordered to improve
2958	the district's low-performing schools. Withholding the transfer
2959	of funds shall occur only after all other recommended actions
2960	for school improvement have failed to improve performance. The
2961	State Board of Education may impose the same penalty on any
2962	district school board that fails to develop and implement a plan
2963	for assistance and intervention for low-performing schools as
2964	specified in s. 1001.42(16)(d)(c).
2965	Section 36.  Section 1008.34, Florida Statutes, is amended
2966	to read:
2967	1008.34  School grading system; school report cards;
2968	district performance grade.--
2969	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
2970	prepare annual reports of the results of the statewide
2971	assessment program which describe student achievement in the
2972	state, each district, and each school. The commissioner shall
2973	prescribe the design and content of these reports, which must
2974	include, without limitation, descriptions of the performance of
2975	all schools participating in the assessment program and all of
2976	their major student populations as determined by the
2977	Commissioner of Education, and must also include the median
2978	scores of all eligible students who scored at or in the lowest
2979	25th percentile of the state in the previous school year;
2980	provided, however, that the provisions of s. 1002.22 pertaining
2981	to student records apply to this section.
2982	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
2983	annual report shall identify schools as having one of the
2984	following grades being in one of the following grade categories
2985	defined according to rules of the State Board of Education:
2986	(a)  "A," schools making excellent progress.
2987	(b)  "B," schools making above average progress.
2988	(c)  "C," schools making satisfactory progress.
2989	(d)  "D," schools making less than satisfactory progress.
2990	(e)  "F," schools failing to make adequate progress.
2991
2992	Each school designated with a in performance grade of category
2993	"A," making excellent progress, or having improved at least two
2994	performance grade levels categories, shall have greater
2995	authority over the allocation of the school's total budget
2996	generated from the FEFP, state categoricals, lottery funds,
2997	grants, and local funds, as specified in state board rule. The
2998	rule must provide that the increased budget authority shall
2999	remain in effect until the school's performance grade declines.
3000	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
3001	CATEGORIES.--All schools shall receive a school grade except
3002	those alternative schools that receive a school improvement
3003	rating pursuant to s. 1008.341. Alternative schools may choose
3004	to receive a school grade pursuant to the provisions of this
3005	section in lieu of a school improvement rating described in s.
3006	1008.341. School grades performance grade category designations
3007	itemized in subsection (2) shall be based on the following:
3008	(a)  Criteria Timeframes.--A school's grade shall be based
3009	on a combination of:
3010	1.  Student achievement scores School performance grade
3011	category designations shall be based on the school's current
3012	year performance and the school's annual learning gains.
3013	2.  A school's performance grade category designation shall
3014	be based on a combination of student achievement scores, Student
3015	learning gains as measured by annual FCAT assessments in grades
3016	3 through 10., and
3017	3.  Improvement of the lowest 25th percentile of students
3018	in the school in reading, math, or writing on the FCAT Reading,
3019	unless these students are exhibiting performing above
3020	satisfactory performance.
3021	(b)  Student assessment data.--Student assessment data used
3022	in determining school grades performance grade categories shall
3023	include:
3024	1.  The aggregate scores of all eligible students enrolled
3025	in the school who have been assessed on the FCAT.
3026	2.  The aggregate scores of all eligible students enrolled
3027	in the school who have been assessed on the FCAT, including
3028	Florida Writes, and who have scored at or in the lowest 25th
3029	percentile of students in the school in reading, math, or
3030	writing, unless these students are exhibiting performing above
3031	satisfactory performance.
3032	3.  The achievement scores and learning gains of eligible
3033	students attending alternative schools that provide dropout
3034	prevention and academic intervention services pursuant to s.
3035	1003.53. The term "eligible students" in this subparagraph does
3036	not include students attending an alternative school who are
3037	subject to district school board policies for expulsion for
3038	repeated or serious offenses, who are in dropout retrieval
3039	programs serving students who have officially been designated as
3040	dropouts, or who are in Department of Juvenile Justice operated
3041	and contracted programs. The student performance data for
3042	eligible students identified in this subparagraph shall be
3043	included in the calculation of the home school's grade. For
3044	purposes of this section and s. 1008.341, "home school" means
3045	the school the student was attending when assigned to an
3046	alternative school or the school to which the student would be
3047	assigned if the student left the alternative school. If an
3048	alternative school chooses to be graded pursuant to this
3049	section, student performance data for eligible students
3050	identified in this subparagraph shall not be included in the
3051	home school's grade but shall only be included in calculation of
3052	the alternative school's improvement rating. School districts
3053	must ensure collaboration between the home school and the
3054	alternative school to promote student success.
3055
3056	The Department of Education shall study the effects of mobility
3057	on the performance of highly mobile students and recommend
3058	programs to improve the performance of such students. The State
3059	Board of Education shall adopt appropriate criteria for each
3060	school performance grade category. The criteria must also give
3061	added weight to student achievement in reading. Schools
3062	designated with a as performance grade of category "C," making
3063	satisfactory progress, shall be required to demonstrate that
3064	adequate progress has been made by students in the school who
3065	are in the lowest 25th percentile in reading, math, or writing
3066	on the FCAT, including Florida Writes, unless these students are
3067	exhibiting performing above satisfactory performance.
3068	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
3069	identify each school's performance as having improved, remained
3070	the same, or declined. This school improvement rating shall be
3071	based on a comparison of the current year's and previous year's
3072	student and school performance data. Schools that improve at
3073	least one performance grade category are eligible for school
3074	recognition awards pursuant to s. 1008.36.
3075	(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
3076	IMPROVEMENT RATING REPORTS.--The Department of Education shall
3077	annually develop, in collaboration with the school districts, a
3078	school report card to be delivered to parents throughout each
3079	school district. The report card shall include the school's
3080	grade, information regarding school improvement, an explanation
3081	of school performance as evaluated by the federal No Child Left
3082	Behind Act of 2001, and indicators of return on investment.
3083	School performance grade category designations and improvement
3084	ratings shall apply to each school's performance for the year in
3085	which performance is measured. Each school's report card
3086	designation and rating shall be published annually by the
3087	department on its website, of Education and the school district
3088	shall provide the school report card to each parent. Parents
3089	shall be entitled to an easy-to-read report card about the
3090	designation and rating of the school in which their child is
3091	enrolled.
3092	(6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may
3093	factor in the performance of schools in calculating any
3094	performance-based funding policy that is provided for annually
3095	in the General Appropriations Act.
3096	(7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report
3097	required by subsection (1) shall include district performance
3098	grades, which shall consist of weighted district average grades,
3099	by level, for all elementary schools, middle schools, and high
3100	schools in the district. A district's weighted average grade
3101	shall be calculated by weighting individual school grades
3102	determined pursuant to subsection (2) by school enrollment.
3103	(8)(6)  RULES.--The State Board of Education shall adopt
3104	rules pursuant to ss. 120.536(1) and 120.54 to implement the
3105	provisions of this section.
3106	Section 37.  Section 1008.341, Florida Statutes, is created
3107	to read:
3108	1008.341  School improvement rating for alternative
3109	schools.--
3110	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
3111	prepare an annual report on the performance of each school
3112	receiving a school improvement rating pursuant to this section
3113	provided that the provisions of s. 1002.22 pertaining to student
3114	records shall apply.
3115	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
3116	provide dropout prevention and academic intervention services
3117	pursuant to s. 1003.53 shall receive a school improvement rating
3118	pursuant to this section. The school improvement rating shall
3119	identify schools as having one of the following ratings defined
3120	according to rules of the State Board of Education:
3121	(a)  "Improving," schools with students making more
3122	academic progress than when the students were served in their
3123	home schools.
3124	(b)  "Maintaining," schools with students making progress
3125	equivalent to the progress made when the students were served in
3126	their home schools.
3127	(c)  "Declining," schools with students making less
3128	academic progress than when the students were served in their
3129	home schools.
3130
3131	The school improvement rating shall be based on a comparison of
3132	the current year and previous year student performance data.
3133	Schools that improve at least one level or maintain an
3134	"improving" rating pursuant to this section are eligible for
3135	school recognition awards pursuant to s. 1008.36.
3136	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
3137	assessment data used in determining an alternative school's
3138	school improvement rating shall include:
3139	(a)  The aggregate scores of all eligible students who were
3140	assigned to and enrolled in the school during the October or
3141	February FTE count, who have been assessed on the FCAT, and who
3142	have FCAT or comparable scores for the preceding school year.
3143	(b)  The aggregate scores of all eligible students who were
3144	assigned to and enrolled in the school during the October or
3145	February FTE count, who have been assessed on the FCAT,
3146	including Florida Writes, and who have scored in the lowest 25th
3147	percentile of students in the state on FCAT Reading.
3148
3149	The scores of students who are subject to district school board
3150	policies for expulsion for repeated or serious offenses, who are
3151	in dropout retrieval programs serving students who have
3152	officially been designated as dropouts, or who are in Department
3153	of Juvenile Justice operated and contracted programs shall not
3154	be included in an alternative school's school improvement
3155	rating.
3156	(4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For each
3157	alternative school receiving a school improvement rating, the
3158	Department of Education shall annually identify the percentage
3159	of students making learning gains as compared to the percentage
3160	of the same students making learning gains in their home schools
3161	in the year prior to being assigned to the alternative school.
3162	(5)  SCHOOL REPORT CARD.--The Department of Education shall
3163	annually develop, in collaboration with the school districts, a
3164	school report card for alternative schools to be delivered to
3165	parents throughout each school district. The report card shall
3166	include the school improvement rating, identification of student
3167	learning gains, information regarding school improvement, an
3168	explanation of school performance as evaluated by the federal No
3169	Child Left Behind Act of 2001, and indicators of return on
3170	investment.
3171	(6)  RULES.--The State Board of Education shall adopt rules
3172	pursuant to ss. 120.536(1) and 120.54 to implement the
3173	provisions of this section.
3174	Section 38.  Subsection (5), paragraphs (b) and (d) of
3175	subsection (6), and subsection (7) of section 1008.345, Florida
3176	Statutes, are amended to read:
3177	1008.345  Implementation of state system of school
3178	improvement and education accountability.--
3179	(5)  The commissioner shall report to the Legislature and
3180	recommend changes in state policy necessary to foster school
3181	improvement and education accountability. Included in the report
3182	shall be a list of the schools, including schools operating for
3183	the purpose of providing educational services to youth in
3184	Department of Juvenile Justice programs, for which district
3185	school boards have developed assistance and intervention plans
3186	and an analysis of the various strategies used by the school
3187	boards. School reports shall be distributed pursuant to this
3188	subsection and s. 1001.42(16)(f)(e) and according to rules
3189	adopted by the State Board of Education.
3190	(6)
3191	(b)  Upon request, the department shall provide technical
3192	assistance and training to any school, including any school
3193	operating for the purpose of providing educational services to
3194	youth in Department of Juvenile Justice programs, school
3195	advisory council, district, or district school board for
3196	conducting needs assessments, developing and implementing school
3197	improvement plans, developing and implementing assistance and
3198	intervention plans, or implementing other components of school
3199	improvement and accountability. Priority for these services
3200	shall be given to schools designated with a as performance grade
3201	of category "D" or "F" and school districts in rural and
3202	sparsely populated areas of the state.
3203	(d)  The department shall assign a community assessment
3204	team to each school district with a school designated with a as
3205	performance grade of category "D" or "F" to review the school
3206	performance data and determine causes for the low performance.
3207	The team shall make recommendations to the school board, to the
3208	department, and to the State Board of Education for implementing
3209	an assistance and intervention plan that will address the causes
3210	of the school's low performance. The assessment team shall
3211	include, but not be limited to, a department representative,
3212	parents, business representatives, educators, and community
3213	activists, and shall represent the demographics of the community
3214	from which they are appointed.
3215	(7)(a)  Schools designated with a in performance grade of
3216	category "A," making excellent progress, shall, if requested by
3217	the school, be given deregulated status as specified in s.
3218	1003.63(5), (7), (8), (9), and (10).
3219	(b)  Schools that have improved at least two grades
3220	performance grade categories and that meet the criteria of the
3221	Florida School Recognition Program pursuant to s. 1008.36 may be
3222	given deregulated status as specified in s. 1003.63(5), (7),
3223	(8), (9), and (10).
3224	Section 39.  Subsections (3), (4), and (5) of section
3225	1008.36, Florida Statutes, are amended to read:
3226	1008.36  Florida School Recognition Program.--
3227	(3)  All public schools, including charter schools, that
3228	receive a school grade pursuant to s. 1008.34 or a school
3229	improvement rating pursuant to s. 1008.341 are eligible to
3230	participate in the program. For the purpose of this section, a
3231	school or schools serving any combination of kindergarten
3232	through grade 3 students that do not receive a school grade
3233	under s. 1008.34 shall be assigned the school grade of the
3234	feeder pattern school designated by the Department of Education
3235	and verified by the school district and shall be eligible to
3236	participate in the program based on that feeder. A "feeder
3237	school pattern" is defined as a pattern in which at least 60
3238	percent of the students in the school not receiving a school
3239	grade are assigned to the graded school. A feeder pattern school
3240	shall be subject to the Opportunity Scholarship Program as
3241	defined in s. 1002.38.
3242	(4)  All selected schools shall receive financial awards
3243	depending on the availability of funds appropriated and the
3244	number and size of schools selected to receive an award. Funds
3245	must be distributed to the school's fiscal agent and placed in
3246	the school's account and must be used for purposes listed in
3247	subsection (5) as determined by the school advisory council
3248	pursuant to s. 1001.452 in the annual school improvement plan
3249	required pursuant to s. 1001.42(16)(a). If such a determination
3250	is not included in the school improvement plan, the school shall
3251	not be eligible to receive a financial award jointly by the
3252	school's staff and school advisory council. If school staff and
3253	the school advisory council cannot reach agreement by November
3254	1, the awards must be equally distributed to all classroom
3255	teachers currently teaching in the school.
3256	(5)  School recognition awards must be used for the
3257	following:
3258	(a)  Nonrecurring bonuses to the faculty and staff who
3259	taught at the school during the year of improved performance;
3260	(b)  Nonrecurring expenditures for educational equipment,
3261	or materials, or student incentives to assist in maintaining and
3262	improving student performance; or
3263	(c)  Temporary personnel for the school to assist in
3264	maintaining and improving student performance.
3265
3266	Notwithstanding statutory provisions to the contrary, incentive
3267	awards are not subject to collective bargaining.
3268	Section 40.  Paragraph (h) of subsection (1) of section
3269	1008.45, Florida Statutes, is amended to read:
3270	1008.45  Community college accountability process.--
3271	(1)  It is the intent of the Legislature that a management
3272	and accountability process be implemented which provides for the
3273	systematic, ongoing improvement and assessment of the
3274	improvement of the quality and efficiency of the Florida
3275	community colleges. Accordingly, the State Board of Education
3276	and the community college boards of trustees shall develop and
3277	implement an accountability plan to improve and evaluate the
3278	instructional and administrative efficiency and effectiveness of
3279	the Florida Community College System. This plan shall be
3280	designed in consultation with staff of the Governor and the
3281	Legislature and must address the following issues:
3282	(h)  Other measures as identified by the Council for
3283	Education Policy Research and Improvement and approved by the
3284	State Board of Education.
3285	Section 41.  Section 1008.51, Florida Statutes, is
3286	repealed.
3287	Section 42.  Paragraphs (f), ((h), (l), (m), and (n) of
3288	subsection (1) and paragraphs (a) and (b) of subsection (4) of
3289	section 1011.62, Florida Statutes, are amended, subsections (8)
3290	and (9) are renumbered as subsections (9) and (10),
3291	respectively, and amended, and a new subsection (8) is added to
3292	said section, to read:
3293	1011.62  Funds for operation of schools.--If the annual
3294	allocation from the Florida Education Finance Program to each
3295	district for operation of schools is not determined in the
3296	annual appropriations act or the substantive bill implementing
3297	the annual appropriations act, it shall be determined as
3298	follows:
3299	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
3300	OPERATION.--The following procedure shall be followed in
3301	determining the annual allocation to each district for
3302	operation:
3303	(f)  Supplemental academic instruction; categorical fund.--
3304	1.  There is created a categorical fund to provide
3305	supplemental academic instruction to students in kindergarten
3306	through grade 12. This paragraph may be cited as the
3307	"Supplemental Academic Instruction Categorical Fund."
3308	2.  Categorical funds for supplemental academic instruction
3309	shall be allocated annually to each school district in the
3310	amount provided in the General Appropriations Act. These funds
3311	shall be in addition to the funds appropriated on the basis of
3312	FTE student membership in the Florida Education Finance Program
3313	and shall be included in the total potential funds of each
3314	district. These funds shall be used to provide supplemental
3315	academic instruction to students enrolled in the K-12 program.
3316	Supplemental instruction strategies may include, but are not
3317	limited to: modified curriculum, reading instruction, after-
3318	school instruction, tutoring, mentoring, class size reduction,
3319	extended school year, intensive skills development in summer
3320	school, and other methods for improving student achievement.
3321	Supplemental instruction may be provided to a student in any
3322	manner and at any time during or beyond the regular 180-day term
3323	identified by the school as being the most effective and
3324	efficient way to best help that student progress from grade to
3325	grade and to graduate.
3326	3.  Effective with the 1999-2000 fiscal year, funding on
3327	the basis of FTE membership beyond the 180-day regular term
3328	shall be provided in the FEFP only for students enrolled in
3329	juvenile justice education programs or in an education program
3330	for juveniles under s. 985.223. Funding for instruction beyond
3331	the regular 180-day school year for all other K-12 students
3332	shall be provided through the supplemental academic instruction
3333	categorical fund and other state, federal, and local fund
3334	sources with ample flexibility for schools to provide
3335	supplemental instruction to assist students in progressing from
3336	grade to grade and graduating.
3337	4.  The Florida State University School, as a lab school,
3338	is authorized to expend from its FEFP or Lottery Enhancement
3339	Trust Fund allocation the cost to the student of remediation in
3340	reading, writing, or mathematics for any graduate who requires
3341	remediation at a postsecondary educational institution.
3342	5.  Beginning in the 1999-2000 school year, dropout
3343	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
3344	(b), and (c), and 1003.54 shall be included in group 1 programs
3345	under subparagraph (d)3.
3346	6.  Beginning in the 2005-2006 school year, parents of the
3347	following students shall be offered the opportunity to choose
3348	supplemental educational services from the school district or
3349	from a list of providers approved by the Department of
3350	Education:
3351	a.  Third grade students scoring at Level 1 on FCAT Reading
3352	who are not eligible for supplemental educational services
3353	through the requirements of Pub. L. No. 107-110.
3354	b.  High school students failing grade 10 FCAT Reading or
3355	grade 10 FCAT Mathematics on their second attempt who are not
3356	eligible for supplemental educational services through the
3357	requirements of Pub. L. No. 107-110.
3358
3359	Funds per student shall be determined annually in the General
3360	Appropriations Act.
3361	(h)  Small, isolated high schools.--Districts which levy
3362	the maximum nonvoted discretionary millage, exclusive of millage
3363	for capital outlay purposes levied pursuant to s. 1011.71(2),
3364	may calculate full-time equivalent students for small, isolated
3365	high schools by multiplying the number of unweighted full-time
3366	equivalent students times 2.75; provided the school has attained
3367	a state accountability performance grade category of "C" or
3368	better, pursuant to s. 1008.34, for the previous school year.
3369	For the purpose of this section, the term "small, isolated high
3370	school" means any high school which is located no less than 28
3371	miles by the shortest route from another high school; which has
3372	been serving students primarily in basic studies provided by
3373	sub-subparagraphs (c)1.b. and c. and may include subparagraph
3374	(c)4.; and which has a membership of no more than 100 students,
3375	but no fewer than 28 students, in grades 9 through 12.
3376	(l)  Calculation of additional full-time equivalent
3377	membership based on international baccalaureate examination
3378	scores of students.--A value of 0.24 full-time equivalent
3379	student membership shall be calculated for each student enrolled
3380	in an international baccalaureate course who receives a score of
3381	4 or higher on a subject examination. A value of 0.3 full-time
3382	equivalent student membership shall be calculated for each
3383	student who receives an international baccalaureate diploma.
3384	Such value shall be added to the total full-time equivalent
3385	student membership in basic programs for grades 9 through 12 in
3386	the subsequent fiscal year. The school district shall distribute
3387	to each classroom teacher who provided international
3388	baccalaureate instruction:
3389	1.  A bonus in the amount of $50 for each student taught by
3390	the International Baccalaureate teacher in each international
3391	baccalaureate course who receives a score of 4 or higher on the
3392	international baccalaureate examination.
3393	2.  An additional bonus of $500 to each International
3394	Baccalaureate teacher in a school designated with a performance
3395	grade of category "D" or "F" who has at least one student
3396	scoring 4 or higher on the international baccalaureate
3397	examination, regardless of the number of classes taught or of
3398	the number of students scoring a 4 or higher on the
3399	international baccalaureate examination.
3400
3401	Bonuses awarded to a teacher according to this paragraph shall
3402	not exceed $2,000 in any given school year and shall be in
3403	addition to any regular wage or other bonus the teacher received
3404	or is scheduled to receive.
3405	(m)  Calculation of additional full-time equivalent
3406	membership based on Advanced International Certificate of
3407	Education examination scores of students.--A value of 0.24 full-
3408	full-time equivalent student membership shall be calculated for
3409	each student enrolled in a full-credit Advanced International
3410	Certificate of Education course who receives a score of 2 or
3411	higher on a subject examination. A value of 0.12 full-time
3412	equivalent student membership shall be calculated for each
3413	student enrolled in a half-credit Advanced International
3414	Certificate of Education course who receives a score of 1 or
3415	higher on a subject examination. A value of 0.3 full-time
3416	equivalent student membership shall be calculated for each
3417	student who received an Advanced International Certificate of
3418	Education diploma. Such value shall be added to the total full-
3419	time equivalent student membership in basic programs for grades
3420	9 through 12 in the subsequent fiscal year. The school district
3421	shall distribute to each classroom teacher who provided Advanced
3422	International Certificate of Education instruction:
3423	1.  A bonus in the amount of $50 for each student taught by
3424	the Advanced International Certificate of Education teacher in
3425	each full-credit Advanced International Certificate of Education
3426	course who receives a score of 2 or higher on the Advanced
3427	International Certificate of Education examination. A bonus in
3428	the amount of $25 for each student taught by the Advanced
3429	International Certificate of Education teacher in each half-
3430	credit Advanced International Certificate of Education course
3431	who receives a score of 1 or higher on the Advanced
3432	International Certificate of Education examination.
3433	2.  An additional bonus of $500 to each Advanced
3434	International Certificate of Education teacher in a school
3435	designated with a performance grade of category "D" or "F" who
3436	has at least one student scoring 2 or higher on the full-credit
3437	Advanced International Certificate of Education examination,
3438	regardless of the number of classes taught or of the number of
3439	students scoring a 2 or higher on the full-credit Advanced
3440	International Certificate of Education examination.
3441	3.  Additional bonuses of $250 each to teachers of half-
3442	credit Advanced International Certificate of Education classes
3443	in a school designated with a performance grade of category "D"
3444	or "F" which has at least one student scoring a 1 or higher on
3445	the half-credit Advanced International Certificate of Education
3446	examination in that class. The maximum additional bonus for a
3447	teacher awarded in accordance with this subparagraph shall not
3448	exceed $500 in any given school year. Teachers receiving an
3449	award under subparagraph 2. are not eligible for a bonus under
3450	this subparagraph.
3451
3452	Bonuses awarded to a teacher according to this paragraph shall
3453	not exceed $2,000 in any given school year and shall be in
3454	addition to any regular wage or other bonus the teacher received
3455	or is scheduled to receive.
3456	(n)  Calculation of additional full-time equivalent
3457	membership based on college board advanced placement scores of
3458	students.--A value of 0.24 full-time equivalent student
3459	membership shall be calculated for each student in each advanced
3460	placement course who receives a score of 3 or higher on the
3461	College Board Advanced Placement Examination for the prior year
3462	and added to the total full-time equivalent student membership
3463	in basic programs for grades 9 through 12 in the subsequent
3464	fiscal year. Each district must allocate at least 80 percent of
3465	the funds provided to the district for advanced placement
3466	instruction, in accordance with this paragraph, to the high
3467	school that generates the funds. The school district shall
3468	distribute to each classroom teacher who provided advanced
3469	placement instruction:
3470	1.  A bonus in the amount of $50 for each student taught by
3471	the Advanced Placement teacher in each advanced placement course
3472	who receives a score of 3 or higher on the College Board
3473	Advanced Placement Examination.
3474	2.  An additional bonus of $500 to each Advanced Placement
3475	teacher in a school designated with a performance grade of
3476	category "D" or "F" who has at least one student scoring 3 or
3477	higher on the College Board Advanced Placement Examination,
3478	regardless of the number of classes taught or of the number of
3479	students scoring a 3 or higher on the College Board Advanced
3480	Placement Examination.
3481
3482	Bonuses awarded to a teacher according to this paragraph shall
3483	not exceed $2,000 in any given school year and shall be in
3484	addition to any regular wage or other bonus the teacher received
3485	or is scheduled to receive.
3486	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
3487	Legislature shall prescribe the aggregate required local effort
3488	for all school districts collectively as an item in the General
3489	Appropriations Act for each fiscal year. The amount that each
3490	district shall provide annually toward the cost of the Florida
3491	Education Finance Program for kindergarten through grade 12
3492	programs shall be calculated as follows:
3493	(a)  Estimated taxable value calculations.--
3494	1.a.  Not later than 2 working days prior to July 19, the
3495	Department of Revenue shall certify to the Commissioner of
3496	Education its most recent estimate of the taxable value for
3497	school purposes in each school district and the total for all
3498	school districts in the state for the current calendar year
3499	based on the latest available data obtained from the local
3500	property appraisers. Not later than July 19, the Commissioner of
3501	Education shall compute a millage rate, rounded to the next
3502	highest one one-thousandth of a mill, which, when applied to 95
3503	percent of the estimated state total taxable value for school
3504	purposes, would generate the prescribed aggregate required local
3505	effort for that year for all districts. The Commissioner of
3506	Education shall certify to each district school board the
3507	millage rate, computed as prescribed in this subparagraph, as
3508	the minimum millage rate necessary to provide the district
3509	required local effort for that year.
3510	b.  The General Appropriations Act shall direct the
3511	computation of the statewide adjusted aggregate amount for
3512	required local effort for all school districts collectively from
3513	ad valorem taxes to ensure that no school district's revenue
3514	from required local effort millage will produce more than 90
3515	percent of the district's total Florida Education Finance
3516	Program calculation, and the adjustment of the required local
3517	effort millage rate of each district that produces more than 90
3518	percent of its total Florida Education Finance Program
3519	entitlement to a level that will produce only 90 percent of its
3520	total Florida Education Finance Program entitlement in the July
3521	calculation.
3522	2.  As revised data are received from property appraisers,
3523	the Department of Revenue shall amend the certification of the
3524	estimate of the taxable value for school purposes. The
3525	Commissioner of Education, in administering the provisions of
3526	subparagraph (10)(9)(a)2., shall use the most recent taxable
3527	value for the appropriate year.
3528	(b)  Final calculation.--
3529	1.  The Department of Revenue shall, upon receipt of the
3530	official final assessed value of property from each of the
3531	property appraisers, certify to the Commissioner of Education
3532	the taxable value total for school purposes in each school
3533	district, subject to the provisions of paragraph (d). The
3534	commissioner shall use the official final taxable value for
3535	school purposes for each school district in the final
3536	calculation of the annual Florida Education Finance Program
3537	allocations.
3538	2.  For the purposes of this paragraph, the official final
3539	taxable value for school purposes shall be the taxable value for
3540	school purposes on which the tax bills are computed and mailed
3541	to the taxpayers, adjusted to reflect final administrative
3542	actions of value adjustment boards and judicial decisions
3543	pursuant to part I of chapter 194. By September 1 of each year,
3544	the Department of Revenue shall certify to the commissioner the
3545	official prior year final taxable value for school purposes. For
3546	each county that has not submitted a revised tax roll reflecting
3547	final value adjustment board actions and final judicial
3548	decisions, the Department of Revenue shall certify the most
3549	recent revision of the official taxable value for school
3550	purposes. The certified value shall be the final taxable value
3551	for school purposes, and no further adjustments shall be made,
3552	except those made pursuant to subparagraph (10)(9)(a)2.
3553	(8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
3554	(a)  The research-based reading instruction allocation is
3555	created to provide comprehensive reading instruction to students
3556	in kindergarten through grade 12.
3557	(b)  Funds for comprehensive, research-based reading
3558	instruction shall be allocated annually to each school district
3559	in the amount provided in the General Appropriations Act. Each
3560	eligible school district shall receive the same minimum amount
3561	as specified in the General Appropriations Act, and any
3562	remaining funds shall be distributed to eligible school
3563	districts based on each school district's proportionate share of
3564	K-12 base funding.
3565	(c)  Funds must be used to provide a system of
3566	comprehensive reading instruction to students enrolled in the K-
3567	12 programs, which may include the following:
3568	1.  The provision of highly qualified reading coaches.
3569	2.  Professional development for school district teachers
3570	in scientifically based reading instruction.
3571	3.  The provision of summer reading camps for students who
3572	score at Level 1 on FCAT Reading.
3573	4.  The provision of supplemental instructional materials
3574	that are grounded in scientifically based reading research, and
3575	comprehensive training in their use, for which teachers shall
3576	receive inservice credit. Each school district, in partnership
3577	with the publisher of the material, shall provide the training
3578	and the school district shall certify that the teacher has
3579	achieved mastery in using the material correctly. Data on this
3580	training shall be collected by the Department of Education.
3581	5.  The provision of intensive interventions for middle and
3582	high school students reading below grade level.
3583	(d)  Annually, by a date determined by the Department of
3584	Education but before May 1, school districts shall submit a plan
3585	for the specific use of the research-based reading instruction
3586	allocation in the format prescribed by the department for review
3587	and approval by the Just Read, Florida! Office created pursuant
3588	to s. 1001.215. The plan annually submitted by school districts
3589	shall be deemed approved unless the department rejects the plan
3590	on or before June 1. If a school district and the Just Read,
3591	Florida! Office cannot reach agreement on the contents of the
3592	plan, the school district may appeal to the State Board of
3593	Education. The plan format shall be developed with input from
3594	school district personnel, including teachers and principals,
3595	and shall allow courses in core, career, and alternative
3596	programs that deliver intensive reading remediation through
3597	integrated curricula. No later than July 1 annually, the
3598	department shall release the school district's allocation of
3599	appropriated funds to those districts with approved plans. A
3600	school district that spends 100 percent of this allocation on
3601	its approved plan shall be deemed to have been in compliance
3602	with the plan. The department may withhold funds upon a
3603	determination that reading instruction allocation funds are not
3604	being used to implement the approved plan.
3605	(9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
3606	annually in the General Appropriations Act determine a
3607	percentage increase in funds per K-12 unweighted FTE as a
3608	minimum guarantee to each school district. The guarantee shall
3609	be calculated from prior year base funding per unweighted FTE
3610	student which shall include the adjusted FTE dollars as provided
3611	in subsection (10)(9), quality guarantee funds, and actual
3612	nonvoted discretionary local effort from taxes. From the base
3613	funding per unweighted FTE, the increase shall be calculated for
3614	the current year. The current year funds from which the
3615	guarantee shall be determined shall include the adjusted FTE
3616	dollars as provided in subsection (10)(9) and potential nonvoted
3617	discretionary local effort from taxes. A comparison of current
3618	year funds per unweighted FTE to prior year funds per unweighted
3619	FTE shall be computed. For those school districts which have
3620	less than the legislatively assigned percentage increase, funds
3621	shall be provided to guarantee the assigned percentage increase
3622	in funds per unweighted FTE student. Should appropriated funds
3623	be less than the sum of this calculated amount for all
3624	districts, the commissioner shall prorate each district's
3625	allocation. This provision shall be implemented to the extent
3626	specifically funded.
3627	(10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
3628	FOR CURRENT OPERATION.--The total annual state allocation to
3629	each district for current operation for the FEFP shall be
3630	distributed periodically in the manner prescribed in the General
3631	Appropriations Act.
3632	(a)  The basic amount for current operation for the FEFP as
3633	determined in subsection (1), multiplied by the district cost
3634	differential factor as determined in subsection (2), plus the
3635	amounts provided for categorical components within the FEFP,
3636	plus the amount for the sparsity supplement as determined in
3637	subsection (6), the decline in full-time equivalent students as
3638	determined in subsection (7), the research-based reading
3639	instruction allocation as determined in subsection (8), and the
3640	quality assurance guarantee as determined in subsection (9)(8),
3641	less the required local effort as determined in subsection (4).
3642	If the funds appropriated for the purpose of funding the total
3643	amount for current operation as provided in this paragraph are
3644	not sufficient to pay the state requirement in full, the
3645	department shall prorate the available state funds to each
3646	district in the following manner:
3647	1.  Determine the percentage of proration by dividing the
3648	sum of the total amount for current operation, as provided in
3649	this paragraph for all districts collectively, and the total
3650	district required local effort into the sum of the state funds
3651	available for current operation and the total district required
3652	local effort.
3653	2.  Multiply the percentage so determined by the sum of the
3654	total amount for current operation as provided in this paragraph
3655	and the required local effort for each individual district.
3656	3.  From the product of such multiplication, subtract the
3657	required local effort of each district; and the remainder shall
3658	be the amount of state funds allocated to the district for
3659	current operation.
3660	(b)  The amount thus obtained shall be the net annual
3661	allocation to each school district. However, if it is determined
3662	that any school district received an underallocation or
3663	overallocation for any prior year because of an arithmetical
3664	error, assessment roll change, full-time equivalent student
3665	membership error, or any allocation error revealed in an audit
3666	report, the allocation to that district shall be appropriately
3667	adjusted. Beginning with audits for the 2001-2002 fiscal year,
3668	if the adjustment is the result of an audit finding in which
3669	group 2 FTE are reclassified to the basic program and the
3670	district weighted FTE are over the weighted enrollment ceiling
3671	for group 2 programs, the adjustment shall not result in a gain
3672	of state funds to the district. If the Department of Education
3673	audit adjustment recommendation is based upon controverted
3674	findings of fact, the Commissioner of Education is authorized to
3675	establish the amount of the adjustment based on the best
3676	interests of the state.
3677	(c)  The amount thus obtained shall represent the net
3678	annual state allocation to each district; however,
3679	notwithstanding any of the provisions herein, each district
3680	shall be guaranteed a minimum level of funding in the amount and
3681	manner prescribed in the General Appropriations Act.
3682	Section 43.  Paragraph (a) of subsection (2) of section
3683	1011.64, Florida Statutes, is amended to read:
3684	1011.64  School district minimum classroom expenditure
3685	requirements.--
3686	(2)  For the purpose of implementing the provisions of this
3687	section, the Legislature shall prescribe minimum academic
3688	performance standards and minimum classroom expenditure
3689	requirements for districts not meeting such minimum academic
3690	performance standards in the General Appropriations Act.
3691	(a)  Minimum academic performance standards may be based
3692	on, but are not limited to, district performance grades
3693	determined pursuant to s. 1008.34(7)(8).
3694	Section 44.  Paragraph (b) of subsection (2) of section
3695	1011.685, Florida Statutes, is amended to read:
3696	1011.685  Class size reduction; operating categorical
3697	fund.--
3698	(2)  Class size reduction operating categorical funds shall
3699	be used by school districts for the following:
3700	(b)  For any lawful operating expenditure, if the district
3701	has met the constitutional maximums identified in s. 1003.03(1)
3702	or the reduction of two students per year required by s.
3703	1003.03(2); however, priority shall be given to increase
3704	salaries of classroom teachers as defined in s. 1012.01(2)(a)
3705	and to implement the differentiated-pay provisions detailed in
3706	s. 1012.2312 salary career ladder defined in s. 1012.231.
3707	Section 45.  Section 1011.6855, Florida Statutes, is
3708	created to read:
3709	1011.6855  Minimum pay for instructional personnel;
3710	operating categorical fund.--An operating categorical fund is
3711	created through which funds shall be used to:
3712	(1)  Provide minimum pay of $35,000 or higher as specified
3713	in the General Appropriations Act for all full-time certified
3714	instructional personnel identified in s. 1012.01(2)(a)-(d).
3715	(2)  Provide elevation funds of at least $2,000 or higher
3716	as specified in the General Appropriations Act to increase the
3717	salary of all full-time certified instructional personnel
3718	identified in s. 1012.01(2)(a)-(d) who are earning $33,000 or
3719	higher.
3720	(3)  Provide funds as specified in the General
3721	Appropriations Act for full-time certified instructional
3722	personnel identified in s. 1012.01(2)(a)?(d) in order to
3723	alleviate the impact of any compression of salaries resulting
3724	from the implementation of subsection (1).
3725
3726	Operating categorical funds remaining after the obligations in
3727	subsections (1), (2), and (3) have been met must be used to
3728	reduce the district average class size until the district
3729	average class size meets the requirements specified in the State
3730	Constitution. The school district may expend the funds for any
3731	lawful operating expenditure if the constitutional requirements
3732	in this section and s. 1011.685 have been met.
3733	Section 46.  Subsection (1) of section 1011.71, Florida
3734	Statutes, is amended to read:
3735	1011.71  District school tax.--
3736	(1)  If the district school tax is not provided in the
3737	General Appropriations Act or the substantive bill implementing
3738	the General Appropriations Act, each district school board
3739	desiring to participate in the state allocation of funds for
3740	current operation as prescribed by s. 1011.62(10)(9) shall levy
3741	on the taxable value for school purposes of the district,
3742	exclusive of millage voted under the provisions of s. 9(b) or s.
3743	12, Art. VII of the State Constitution, a millage rate not to
3744	exceed the amount certified by the commissioner as the minimum
3745	millage rate necessary to provide the district required local
3746	effort for the current year, pursuant to s. 1011.62(4)(a)1. In
3747	addition to the required local effort millage levy, each
3748	district school board may levy a nonvoted current operating
3749	discretionary millage. The Legislature shall prescribe annually
3750	in the appropriations act the maximum amount of millage a
3751	district may levy. The millage rate prescribed shall exceed zero
3752	mills but shall not exceed the lesser of 1.6 mills or 25 percent
3753	of the millage which is required pursuant to s. 1011.62(4),
3754	exclusive of millage levied pursuant to subsection (2).
3755	Section 47.  Subsection (6) is added to section 1012.21,
3756	Florida Statutes, to read:
3757	1012.21  Department of Education duties; K-12 personnel.--
3758	(6)  REPORTING.--The Department of Education shall annually
3759	post online the collective bargaining contracts of each school
3760	district received pursuant to s. 1012.22. The department shall
3761	prescribe the computer format for district school boards to
3762	provide the information.
3763	Section 48.  Paragraph (c) of subsection (1) of section
3764	1012.22, Florida Statutes, is amended, and subsection (3) is
3765	added to said section, to read:
3766	1012.22  Public school personnel; powers and duties of the
3767	district school board.--The district school board shall:
3768	(1)  Designate positions to be filled, prescribe
3769	qualifications for those positions, and provide for the
3770	appointment, compensation, promotion, suspension, and dismissal
3771	of employees as follows, subject to the requirements of this
3772	chapter:
3773	(c)  Compensation and salary schedules.--
3774	1.  The district school board shall adopt a salary schedule
3775	or salary schedules designed to furnish incentives for
3776	improvement in training and for continued efficient service to
3777	be used as a basis for paying all school employees and fix and
3778	authorize the compensation of school employees on the basis
3779	thereof.
3780	2.  A district school board, in determining the salary
3781	schedule for instructional personnel, must base a portion of
3782	each employee's compensation on performance demonstrated under
3783	s. 1012.34, must consider the prior teaching experience of a
3784	person who has been designated state teacher of the year by any
3785	state in the United States, and must consider prior professional
3786	experience in the field of education gained in positions in
3787	addition to district level instructional and administrative
3788	positions.
3789	3.  In developing the salary schedule, the district school
3790	board shall seek input from parents, teachers, and
3791	representatives of the business community.
3792	4.  Beginning with the 2002-2003 fiscal year, each district
3793	school board must adopt a performance-pay policy for school
3794	administrators and instructional personnel. The district's
3795	performance-pay policy is subject to negotiation as provided in
3796	chapter 447; however, the adopted salary schedule must allow
3797	school administrators and instructional personnel who
3798	demonstrate outstanding performance, as measured under s.
3799	1012.34, to earn a 5-percent supplement in addition to their
3800	individual, negotiated salary. The supplements shall be funded
3801	from the performance-pay reserve funds adopted in the salary
3802	schedule. Beginning with the 2004-2005 academic year, the
3803	district's 5-percent performance-pay policy must provide for the
3804	evaluation of classroom teachers within each level of the salary
3805	career ladder provided in s. 1012.231. The Commissioner of
3806	Education shall determine whether the district school board's
3807	adopted salary schedule complies with the requirement for
3808	performance-based pay. If the district school board fails to
3809	comply with this section, the commissioner shall withhold
3810	disbursements from the Educational Enhancement Trust Fund to the
3811	district until compliance is verified.
3812	(3)  Annually provide to the Department of Education the
3813	negotiated collective bargaining contract for the school
3814	district. The district school board shall report in the computer
3815	format prescribed by the department pursuant to s. 1012.21.
3816	Section 49.  Section 1012.2305, Florida Statutes, is
3817	created to read:
3818	1012.2305  Minimum pay for instructional personnel.--
3819	(1)  LEGISLATIVE INTENT.--The Legislature recognizes that
3820	higher pay does not guarantee quality performance in education.
3821	The Legislature also recognizes that competitive pay,
3822	differentiated pay, and performance incentives are necessary to
3823	attract and retain the highest quality teachers and that the
3824	prospect of higher pay and career opportunities are important to
3825	attract talented individuals to the field of teaching. It is the
3826	intent of the Legislature that the average salary of public
3827	school instructional personnel in this state shall be equal to
3828	or greater than the national average salary of public school
3829	instructional personnel by July 1, 2010.
3830	(2)  MINIMUM PAY.--The minimum pay for full-time certified
3831	instructional personnel identified in s. 1012.01(2)(a)-(d) shall
3832	be $35,000 and shall be established by the Legislature to remain
3833	above the national average beginning pay for public school
3834	teachers.
3835	Section 50.  Section 1012.231, Florida Statutes, is
3836	repealed.
3837	Section 51.  Section 1012.2312, Florida Statutes, is
3838	created to read:
3839	1012.2312  Differentiated pay for instructional
3840	personnel.--
3841	(1)  Beginning with the 2005-2006 fiscal year, each
3842	district school board shall have a differentiated-pay policy for
3843	instructional personnel and incorporate it into the school
3844	district's salary schedule.
3845	(2)  The differentiated-pay policy may be subject to
3846	negotiation as provided in chapter 447; however, the adopted
3847	salary schedule must allow instructional personnel to receive
3848	differentiated pay based upon school district determined
3849	factors, including, but not limited to, each of the following:
3850	(a)  The subject areas taught, with classroom teachers who
3851	teach in critical shortage areas receiving higher pay.
3852	(b)  The economic demographics of the school, with
3853	instructional personnel in schools that have a majority of
3854	students who qualify for free or reduced-price lunches receiving
3855	higher pay.
3856	(c)  Additional responsibilities of instructional
3857	personnel, including, but not limited to, lead and mentoring
3858	responsibilities.
3859	(d)  A performance-pay policy that rewards high-performing
3860	instructional personnel with at least a 5-percent performance-
3861	pay incentive.
3862
3863	The differentiated pay provided in the salary schedule for each
3864	of the factors specified in paragraphs (a)-(d) shall provide an
3865	incentive and not be nominal.
3866	(3)  The Commissioner of Education shall determine whether
3867	the district school board's adopted salary schedule complies
3868	with the requirements in subsection (2). If the salary schedule
3869	does not comply, the commissioner shall recommend to the State
3870	Board of Education and the state board is authorized to withhold
3871	disbursements from the Educational Enhancement Trust Fund to the
3872	school district until the district's salary schedule is in
3873	compliance.
3874	Section 52.  Section 1012.2313, Florida Statutes, is
3875	created to read:
3876	1012.2313  Differentiated pay for school administrators.--
3877	(1)  Beginning with the 2005-2006 fiscal year, each
3878	district school board shall have a differentiated-pay policy for
3879	school administrators and incorporate it into the school
3880	district's salary schedule.
3881	(2)  The adopted salary schedule must allow school
3882	administrators to receive differentiated pay based upon school
3883	district determined factors, including, but not limited to, each
3884	of the following:
3885	(a)  The economic demographics of the school, with school
3886	administrators in schools that have a majority of students who
3887	qualify for free or reduced-price lunches receiving higher pay.
3888	(b)  A performance-pay policy that rewards high-performing
3889	school administrators with at least a 5-percent performance-pay
3890	incentive.
3891
3892	The differentiated pay provided in the salary schedule for each
3893	of the factors specified in paragraphs (a) and (b) shall provide
3894	an incentive and not be nominal.
3895	(3)  The Commissioner of Education shall determine whether
3896	the district school board's adopted salary schedule complies
3897	with the requirements in subsection (2). If the salary schedule
3898	does not comply, the commissioner shall recommend to the State
3899	Board of Education and the state board is authorized to withhold
3900	disbursements from the Educational Enhancement Trust Fund to the
3901	school district until the district's salary schedule is in
3902	compliance.
3903	Section 53.  Section 1012.2315, Florida Statutes, is
3904	created to read:
3905	1012.2315  Assignment of teachers.--
3906	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
3907	finds disparity between teachers assigned to teach in a majority
3908	of "A" schools compared to teachers assigned to teach in a
3909	majority of "F" schools. The disparity can be found in the
3910	average years of experience, median salary, and the performance
3911	of the teachers on teacher certification examinations. It is the
3912	intent of the Legislature that district school boards have
3913	flexibility through the collective bargaining process to assign
3914	teachers more equitably across the schools in the district.
3915	(2)  ASSIGNMENT TO "D" and "F" SCHOOLS.--School districts
3916	may not assign a higher percentage than the school district
3917	average of first-time teachers, temporarily certified teachers,
3918	teachers in need of improvement, or out-of-field teachers to
3919	schools with above the school district average of minority and
3920	economically disadvantaged students or schools that are graded
3921	"D" or "F." Each school district shall annually certify to the
3922	Commissioner of Education that this requirement has been met. If
3923	the commissioner determines that a school district is not in
3924	compliance with this subsection, the State Board of Education
3925	shall be notified and shall take action pursuant to s. 1008.32
3926	in the next regularly scheduled meeting to require compliance.
3927	(3)  SALARY INCENTIVES.--District school boards are
3928	authorized to provide salary incentives to meet the requirement
3929	of subsection (2). No district school board shall sign a
3930	collective bargaining agreement that precludes the school
3931	district from providing sufficient incentives to meet this
3932	requirement.
3933	(4)  COLLECTIVE BARGAINING.--Notwithstanding provisions of
3934	chapter 447 relating to district school board collective
3935	bargaining, collective bargaining provisions may not preclude a
3936	school district from providing incentives to high-quality
3937	teachers and assigning such teachers to low-performing schools.
3938	Section 54.  Subsection (2) of section 1012.27, Florida
3939	Statutes, is amended to read:
3940	1012.27  Public school personnel; powers and duties of
3941	district school superintendent.--The district school
3942	superintendent is responsible for directing the work of the
3943	personnel, subject to the requirements of this chapter, and in
3944	addition the district school superintendent shall perform the
3945	following:
3946	(2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and
3947	recommend to the district school board for adoption a salary
3948	schedule or salary schedules. The district school superintendent
3949	must recommend a salary schedule for instructional personnel
3950	which bases a portion of each employee's compensation on
3951	performance demonstrated under s. 1012.34. In developing the
3952	recommended salary schedule, the district school superintendent
3953	shall include input from parents, teachers, and representatives
3954	of the business community. Beginning with the 2005-2006 2004-
3955	2005 academic year, the recommended salary schedule for
3956	classroom teachers shall be consistent with the district's
3957	differentiated-pay policy career ladder based upon s. 1012.2312
3958	1012.231.
3959	Section 55.  Paragraph (a) of subsection (3) of section
3960	1012.34, Florida Statutes, is amended to read:
3961	1012.34  Assessment procedures and criteria.--
3962	(3)  The assessment procedure for instructional personnel
3963	and school administrators must be primarily based on the
3964	performance of students assigned to their classrooms or schools,
3965	as appropriate. Pursuant to this section, a school district's
3966	performance assessment is not limited to basing unsatisfactory
3967	performance of instructional personnel and school administrators
3968	upon student performance, but may include other criteria
3969	approved to assess instructional personnel and school
3970	administrators' performance, or any combination of student
3971	performance and other approved criteria. The procedures must
3972	comply with, but are not limited to, the following requirements:
3973	(a)  An assessment must be conducted for each employee at
3974	least once a year. The assessment must be based upon sound
3975	educational principles and contemporary research in effective
3976	educational practices. The assessment must primarily use data
3977	and indicators of improvement in student performance assessed
3978	annually as specified in s. 1008.22 and may consider results of
3979	peer reviews in evaluating the employee's performance. Student
3980	performance must be measured by state assessments required under
3981	s. 1008.22 and by local assessments for subjects and grade
3982	levels not measured by the state assessment program. The
3983	assessment criteria must include, but are not limited to,
3984	indicators that relate to the following:
3985	1.  Performance of students.
3986	2.  Ability to maintain appropriate discipline.
3987	3.  Knowledge of subject matter. The district school board
3988	shall make special provisions for evaluating teachers who are
3989	assigned to teach out-of-field.
3990	4.  Ability to plan and deliver instruction, including
3991	implementation of the rigorous reading requirement pursuant to
3992	s. 1003.415, when applicable, and the use of technology in the
3993	classroom.
3994	5.  Ability to evaluate instructional needs.
3995	6.  Ability to establish and maintain a positive
3996	collaborative relationship with students' families to increase
3997	student achievement.
3998	7.  Other professional competencies, responsibilities, and
3999	requirements as established by rules of the State Board of
4000	Education and policies of the district school board.
4001	Section 56.  Section 1012.986, Florida Statutes, is created
4002	to read:
4003	1012.986  A+ Professional Development Program for School
4004	Leaders.--
4005	(1)  ESTABLISHMENT.--There is established the A+
4006	Professional Development Program for School Leaders, a
4007	high-quality, competency-based, customized, comprehensive, and
4008	coordinated statewide professional development program that is
4009	aligned with the leadership standards for school leaders adopted
4010	by the State Board of Education. The program shall be
4011	administered by the Department of Education and shall provide
4012	leadership training opportunities for school leaders to enable
4013	them to be more effective instructional leaders, especially in
4014	the area of reading. The program shall provide school leaders
4015	with the opportunity to attain a school leadership designation
4016	pursuant to subsection (3).
4017	(2)  DEFINITION.--As used in this section, the term "school
4018	leader" means a school principal or assistant principal holding
4019	a valid Florida certificate in educational leadership.
4020	(3)  DESIGNATIONS.--The Department of Education shall
4021	develop criteria for designating high-performing school leaders
4022	as A+ Emerging School Leaders, A+ High-Performing School
4023	Leaders, or A+ Sterling School Leaders. The criteria must
4024	emphasize student learning gains, especially in high schools.
4025	(4)  PROGRAM REQUIREMENTS.--
4026	(a)  The program shall be based upon the leadership
4027	standards adopted by the State Board of Education, the standards
4028	of the National Staff Development Council, and the federal
4029	requirements for high-quality professional development under the
4030	No Child Left Behind Act of 2001.
4031	(b)  The program shall provide a competency-based approach
4032	that utilizes prediagnostic and postdiagnostic evaluations that
4033	shall be used to create an individualized professional
4034	development plan approved by the district school superintendent.
4035	The plan shall be structured to support the school leader's
4036	attainment of the leadership standards adopted by the State
4037	Board of Education.
4038	(c)  The program shall incorporate instructional leadership
4039	training and effective business practices for efficient school
4040	operations in school leadership training.
4041	(5)  DELIVERY SYSTEM.--The Department of Education shall
4042	deliver the program through multiple delivery systems,
4043	including:
4044	(a)  Approved school district training programs.
4045	(b)  Interactive technology-based instruction.
4046	(c)  State, regional, or local leadership academies.
4047	(6)  RULES.--The State Board of Education shall adopt rules
4048	pursuant to ss. 120.536(1) and 120.54 to implement the
4049	provisions of this section.
4050	Section 57.  Section 1012.987, Florida Statutes, is
4051	repealed.
4052	Section 58.  Section 1013.381, Florida Statutes, is created
4053	to read:
4054	1013.381  Indoor environmental quality.--
4055	(1)  Each district school board shall adopt and implement
4056	an indoor environmental quality policy which shall provide
4057	procedures for periodic surveys of indoor environmental quality
4058	issues. The policy may:
4059	(a)  Be developed and implemented in accordance with the
4060	United States Environmental Protection Agency's Indoor Air
4061	Quality Tools for Schools Program through which training and
4062	materials shall be provided by the United States Environmental
4063	Protection Agency at no cost to a school or school district.
4064	(b)  Require that the school district provide, monitor, and
4065	maintain indoor environmental condition performance in
4066	accordance with American Society of Heating, Refrigerating and
4067	Air-Conditioning Engineers (ASHRAE) Standard 62.
4068	(c)  Require that educational facilities be certified
4069	semiannually by a professional engineer as meeting ASHRAE
4070	Standard 62. Upon certification, the school district shall be
4071	indemnified for the life of the certificate from liability
4072	related to indoor environmental quality. A school district shall
4073	provide a copy of the engineer's certification to the
4074	Commissioner of Education.
4075	(2)  Each school participating in the Indoor Air Quality
4076	Tools for Schools Program training must display its certificate
4077	of completion in a conspicuous manner.
4078	(3)  The State Board of Education shall adopt rules to
4079	implement the provisions of this section.
4080	Section 59.  Subsection (6) of section 1013.512, Florida
4081	Statutes, is amended to read:
4082	1013.512  Land Acquisition and Facilities Advisory Board.--
4083	(6)  Upon certification by the advisory board that
4084	corrective action has been taken, the Legislative Budget
4085	Commission shall release all funds remaining in reserve. Upon
4086	such release, each Land Acquisition and Facilities Advisory
4087	Board shall be disbanded.
4088	Section 60.  Charter School Task Force.--
4089	(1)  The Charter School Task Force is established to study
4090	and make recommendations regarding charter schools in the state.
4091	(2)  The task force shall, at a minimum:
4092	(a)  Review current application and sponsorship procedures
4093	used throughout the state for the approval of charter schools.
4094	(b)  Examine the sponsorship and organizational structure
4095	of charter schools in other states.
4096	(c)  Investigate alternative means available in the state
4097	to implement changes in the sponsorship of charter schools.
4098	(d)  Review capital outlay funding for charter schools.
4099	(e)  Determine the necessity and most effective methods for
4100	the State Board of Education to sanction school districts and
4101	charter schools for violation of charter school procedural
4102	requirements.
4103	(f)  Conduct meetings throughout the state to receive
4104	public input and consider policy recommendations on issues
4105	related to charter schools.
4106	(g)  Issue a final report and recommendations by December
4107	31, 2005, to the Governor, the President of the Senate, and the
4108	Speaker of the House of Representatives.
4109	(3)  The task force shall consist of:
4110	(a)  Up to four members of the House of Representatives
4111	appointed by the Speaker of the House of Representatives.
4112	(b)  Up to four members of the Senate appointed by the
4113	President of the Senate.
4114	(c)  Five charter school stakeholders appointed by the
4115	Governor. The members shall include a representative of a
4116	charter school, a representative of a school district, a
4117	representative of a statewide association, and a representative
4118	with experience in charter school law and may include the
4119	Commissioner of Education or his or her designee.
4120	(4)  The Governor shall appoint the chair of the task force
4121	from among the appointed members.
4122	(5)  Task force members shall serve without compensation
4123	but are entitled to reimbursement, pursuant to s. 112.061,
4124	Florida Statutes, for per diem and travel expenses incurred in
4125	the performance of their official duties.
4126	(6)  The Department of Education shall provide staff
4127	support for the task force.
4128	Section 61.  If any provision of this act or the
4129	application thereof to any person or circumstance is held
4130	invalid, the invalidity shall not affect other provisions or
4131	applications of the act which can be given effect without the
4132	invalid provision or application and, to this end, the
4133	provisions of this act are declared severable.
4134	Section 62.  This act shall take effect upon becoming a
4135	law, except that ss. 1003.035, 1011.6855 and 1012.2305, Florida
4136	Statutes, as created by this act, shall take effect on the
4137	effective date of an amendment to s.1, Art. IX of the State
4138	Constitution approved by the electors that requires district
4139	average maximum class sizes and minimum pay for teachers.

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