Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 772
                        Barcode 081748
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       04/25/2006 11:17 AM         .                    
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11  The Committee on Education Appropriations (Constantine)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 1001.47, Florida Statutes, is
19  amended to read:
20         1001.47  District school superintendent; salary.--
21         (1)  Each elected district school superintendent shall
22  receive as salary the amount indicated pursuant to this
23  section. However, a district school board, by majority vote,
24  may approve a salary in excess of the amount specified in this
25  section.
26         (2)  Each elected district school superintendent shall
27  receive a base salary, the amounts indicated in this
28  subsection, based on the population of the county the elected
29  superintendent serves. In addition, compensation shall be made
30  for population increments over the minimum for each population
31  group, which shall be determined by multiplying the population
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 in excess of the minimum for the group times the group rate. 2 The product of such calculation shall be added to the base 3 salary to determine the adjusted base salary. Laws that 4 increase the base salary provided in this subsection shall 5 contain provisions on no other subject. 6 7 Pop. Group County Pop. Range Base Salary Group Rate 8 Minimum Maximum 9 10 I -0- 49,999 $21,250 $0.07875 11 II 50,000 99,999 24,400 0.06300 12 III 100,000 199,999 27,550 0.02625 13 IV 200,000 399,999 30,175 0.01575 14 V 400,000 999,999 33,325 0.00525 15 VI 1,000,000 36,475 0.00400 16 (3) The adjusted base salaries of elected district 17 school superintendents shall be increased annually as provided 18 for in s. 145.19. Any salary previously paid to elected 19 superintendents, including the salary calculated for fiscal 20 years 2002-2003 and 2003-2004, which was consistent with 21 chapter 145 and s. 230.303, Florida Statutes (2001), is hereby 22 ratified and validated. 23 (4) This section does not apply to a district school 24 superintendent appointed pursuant to the terms of s. 1001.50. 25 (4)(5)(a) There shall be an additional $2,000 per year 26 special qualification salary paid by district school boards 27 for each elected district school superintendent who has met 28 the certification requirements established by the Department 29 of Education. Any elected district school superintendent who 30 is certified during a calendar year shall receive in that year 31 a pro rata share of the special qualification salary based on 2 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 the remaining period of the year. 2 (b) In order to qualify for the special qualification 3 salary provided by paragraph (a), the elected district school 4 superintendent must complete the requirements established by 5 the Department of Education within 6 years after first taking 6 office. 7 (c) After an elected a district school superintendent 8 meets the requirements of paragraph (a), in order to remain 9 certified the district school superintendent shall thereafter 10 be required to complete each year a course of continuing 11 education as prescribed by the Department of Education. 12 (5)(6)(a) The Department of Education shall provide a 13 leadership development and performance compensation program 14 for elected district school superintendents, comparable to 15 chief executive officer development programs for corporate 16 executive officers, to include: 17 1. A content-knowledge-and-skills phase consisting of: 18 creative leadership models and theory, demonstration of 19 effective practice, simulation exercises and personal skills 20 practice, and assessment with feedback, taught in a 21 professional training setting under the direction of 22 experienced, successful trainers. 23 2. A competency-acquisition phase consisting of 24 on-the-job application of knowledge and skills for a period of 25 not less than 6 months following the successful completion of 26 the content-knowledge-and-skills phase. The 27 competency-acquisition phase shall be supported by adequate 28 professional technical assistance provided by experienced 29 trainers approved by the department. Competency acquisition 30 shall be demonstrated through assessment and feedback. 31 (b) Upon the successful completion of both phases and 3 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 demonstrated successful performance, as determined by the 2 department, an elected a district school superintendent shall 3 be issued a Chief Executive Officer Leadership Development 4 Certificate, and the department shall pay and shall be given 5 an annual performance salary incentive of not less than $3,000 6 nor more than $7,500 based upon his or her performance 7 evaluation. 8 (c) An elected A district school superintendent's 9 eligibility to continue receiving the annual performance 10 salary incentive is contingent upon his or her continued 11 performance assessment and followup training prescribed by the 12 department. 13 Section 2. Subsection (4) is added to section 1001.50, 14 Florida Statutes, to read: 15 1001.50 Superintendents employed under Art. IX of the 16 State Constitution.-- 17 (4) A district school superintendent employed under 18 the terms of this section may participate in the courses of 19 continuing professional education provided in the special 20 qualification certification program pursuant to s. 1001.47(4) 21 and the leadership development and performance compensation 22 program pursuant to s. 1001.47(5), as established by the 23 department. Upon successful completion of the certification 24 requirements for one or both of these programs, the district 25 school board may use such certification or certifications as a 26 factor in determining the amount of compensation to be paid. 27 Section 3. Paragraph (b) of subsection (1) of section 28 1003.02, Florida Statutes, is amended to read: 29 1003.02 District school board operation and control of 30 public K-12 education within the school district.--As provided 31 in part II of chapter 1001, district school boards are 4 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 constitutionally and statutorily charged with the operation 2 and control of public K-12 education within their school 3 district. The district school boards must establish, organize, 4 and operate their public K-12 schools and educational 5 programs, employees, and facilities. Their responsibilities 6 include staff development, public K-12 school student 7 education including education for exceptional students and 8 students in juvenile justice programs, special programs, adult 9 education programs, and career education programs. 10 Additionally, district school boards must: 11 (1) Provide for the proper accounting for all students 12 of school age, for the attendance and control of students at 13 school, and for proper attention to health, safety, and other 14 matters relating to the welfare of students in the following 15 fields: 16 (b) Enforcement of attendance laws.--Provide for the 17 enforcement of all laws and rules relating to the attendance 18 of students at school. District school boards are authorized 19 to establish policies that allow accumulated unexcused 20 tardies, regardless of when they occur during the school day, 21 and early departures from school to be recorded as unexcused 22 absences. District school boards are also authorized to 23 establish policies that require referral to a school's child 24 study team for students who have fewer absences than the 25 number required by s. 1003.26(1)(b). 26 Section 4. Paragraph (c) of subsection (1) of section 27 1003.21, Florida Statutes, is amended to read: 28 1003.21 School attendance.-- 29 (1) 30 (c) A student who attains the age of 16 years during 31 the school year is not subject to compulsory school attendance 5 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 beyond the date upon which he or she attains that age if the 2 student files a formal declaration of intent to terminate 3 school enrollment with the district school board. Public 4 school students who have attained the age of 16 years and who 5 have not graduated are subject to compulsory school attendance 6 until the formal declaration of intent is filed with the 7 district school board. The declaration must acknowledge that 8 terminating school enrollment is likely to reduce the 9 student's earning potential and must be signed by the student 10 and the student's parent. The school district must notify the 11 student's parent of receipt of the student's declaration of 12 intent to terminate school enrollment. The student's guidance 13 counselor or other school personnel must conduct an exit 14 interview with the student to determine the reasons for the 15 student's decision to terminate school enrollment and actions 16 that could be taken to keep the student in school. The student 17 must be informed of opportunities to continue his or her 18 education in a different environment, including, but not 19 limited to, adult education and GED test preparation. 20 Additionally, the student must complete a survey in a format 21 prescribed by the Department of Education to provide data on 22 student reasons for terminating enrollment and actions taken 23 by schools to keep students enrolled. 24 Section 5. Section 1003.26, Florida Statutes, is 25 amended to read: 26 1003.26 Enforcement of school attendance.--The 27 Legislature finds that poor academic performance is associated 28 with nonattendance and that school districts schools must take 29 an active role in promoting and enforcing attendance as a 30 means of improving student the performance of many students. 31 It is the policy of the state that each district school 6 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 superintendent be responsible for enforcing school attendance 2 of all students subject to the compulsory school age in the 3 school district and supporting enforcement of school 4 attendance by local law enforcement agencies. The 5 responsibility includes recommending policies and procedures 6 to the district school board policies and procedures to ensure 7 that require public schools to respond in a timely manner to 8 every unexcused absence, and every or absence for which the 9 reason is unknown, of students enrolled in the schools. 10 District school board policies shall must require the each 11 parent of a student to justify each absence of the student, 12 and that justification will be evaluated based on adopted 13 district school board policies that define excused and 14 unexcused absences. The policies must provide that public 15 schools track excused and unexcused absences and contact the 16 home in the case of an unexcused absence from school, or an 17 absence from school for which the reason is unknown, to 18 prevent the development of patterns of nonattendance. The 19 Legislature finds that early intervention in school attendance 20 matters is the most effective way of producing good attendance 21 habits that will lead to improved student learning and 22 achievement. Each public school shall implement the following 23 steps to promote and enforce regular school attendance: 24 (1) CONTACT, REFER, AND ENFORCE.-- 25 (a) Upon each unexcused absence, or absence for which 26 the reason is unknown, the school principal or his or her 27 designee shall contact the student's parent to determine the 28 reason for the absence. If the absence is an excused absence, 29 as defined by district school board policy, the school shall 30 provide opportunities for the student to make up assigned work 31 and not receive an academic penalty unless the work is not 7 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 made up within a reasonable time. 2 (b) If a student has had at least five unexcused 3 absences, or absences for which the reasons are unknown, 4 within a calendar month or 10 unexcused absences, or absences 5 for which the reasons are unknown, within a 90-calendar-day 6 period, the student's primary teacher shall report to the 7 school principal or his or her designee that the student may 8 be exhibiting a pattern of nonattendance. The principal shall, 9 unless there is clear evidence that the absences are not a 10 pattern of nonattendance, refer the case to the school's child 11 study team to determine if early patterns of truancy are 12 developing. If the child study team finds that a pattern of 13 nonattendance is developing, whether the absences are excused 14 or not, a meeting with the parent must be scheduled to 15 identify potential remedies, and the principal shall notify 16 the district school superintendent and the school district 17 contact for home education programs that the referred student 18 is exhibiting a pattern of nonattendance. 19 (c) If an initial meeting does not resolve the 20 problem, the child study team shall implement the following 21 interventions that best address the problem. The interventions 22 may include, but need not be limited to: 23 1. Frequent attempts at communication between the 24 teacher and the family.; 25 2. Changes in the learning environment; 26 3. Mentoring; 27 4. Student counseling; 28 5. Tutoring, including peer tutoring; 29 6. Placement into different classes; 30 2.7. Evaluation for alternative education programs.; 31 3.8. Attendance contracts.; 8 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 9. Referral to other agencies for family services; or 2 10. Other interventions, including, but not limited 3 to, a truancy petition pursuant to s. 984.151. 4 5 The child study team may, but is not required to, implement 6 other interventions, including referral to other agencies for 7 family services or recommendation for filing a truancy 8 petition pursuant to s. 984.151. 9 (d) The child study team shall be diligent in 10 facilitating intervention services and shall report the case 11 to the district school superintendent only when all reasonable 12 efforts to resolve the nonattendance behavior are exhausted. 13 (e) If the parent refuses to participate in the 14 remedial strategies because he or she believes that those 15 strategies are unnecessary or inappropriate, the parent may 16 appeal to the district school board. The district school board 17 may provide a hearing officer, and the hearing officer shall 18 make a recommendation for final action to the district school 19 board. If the district school board's final determination is 20 that the strategies of the child study team are appropriate, 21 and the parent still refuses to participate or cooperate, the 22 district school superintendent may seek criminal prosecution 23 for noncompliance with compulsory school attendance. 24 (f)1. If the parent of a child who has been identified 25 as exhibiting a pattern of nonattendance enrolls the child in 26 a home education program pursuant to chapter 1002, the 27 district school superintendent shall provide the parent a copy 28 of s. 1002.41 and the accountability requirements of this 29 paragraph. The district school superintendent shall also refer 30 the parent to a home education review committee composed of 31 the district contact for home education programs and at least 9 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 two home educators selected by the parent from a district list 2 of all home educators who have conducted a home education 3 program for at least 3 years and who have indicated a 4 willingness to serve on the committee. The home education 5 review committee shall review the portfolio of the student, as 6 defined by s. 1002.41, every 30 days during the district's 7 regular school terms until the committee is satisfied that the 8 home education program is in compliance with s. 1002.41(1)(b). 9 The first portfolio review must occur within the first 30 10 calendar days of the establishment of the program. The 11 provisions of subparagraph 2. do not apply once the committee 12 determines the home education program is in compliance with s. 13 1002.41(1)(b). 14 2. If the parent fails to provide a portfolio to the 15 committee, the committee shall notify the district school 16 superintendent. The district school superintendent shall then 17 terminate the home education program and require the parent to 18 enroll the child in an attendance option that meets the 19 definition of "regular school attendance" under s. 20 1003.01(13)(a), (b), (c), or (e), within 3 days. Upon 21 termination of a home education program pursuant to this 22 subparagraph, the parent shall not be eligible to reenroll the 23 child in a home education program for 180 calendar days. 24 Failure of a parent to enroll the child in an attendance 25 option as required by this subparagraph after termination of 26 the home education program pursuant to this subparagraph shall 27 constitute noncompliance with the compulsory attendance 28 requirements of s. 1003.21 and may result in criminal 29 prosecution under s. 1003.27(2). Nothing contained herein 30 shall restrict the ability of the district school 31 superintendent, or the ability of his or her designee, to 10 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 review the portfolio pursuant to s. 1002.41(1)(b). 2 (g) If a student subject to compulsory school 3 attendance will not comply with attempts to enforce school 4 attendance, the parent or the district school superintendent 5 or his or her designee shall refer the case to the case 6 staffing committee pursuant to s. 984.12, and the district 7 school superintendent or his or her designee may file a 8 truancy petition pursuant to the procedures in s. 984.151. 9 (2) GIVE WRITTEN NOTICE.-- 10 (a) Under the direction of the district school 11 superintendent, a designated school representative shall give 12 written notice that requires enrollment or attendance within 3 13 days after the date of notice, in person or by return-receipt 14 mail, to the parent when no valid reason is found for a 15 student's nonenrollment in school. If the notice and 16 requirement are ignored, the designated school representative 17 shall report the case to the district school superintendent, 18 and may refer the case to the case staffing committee, 19 established pursuant to s. 984.12. The district school 20 superintendent shall take such steps as are necessary to bring 21 criminal prosecution against the parent. 22 (b) Subsequent to the activities required under 23 subsection (1), the district school superintendent or his or 24 her designee shall give written notice in person or by 25 return-receipt mail to the parent that criminal prosecution is 26 being sought for nonattendance. The district school 27 superintendent may file a truancy petition, as defined in s. 28 984.03, following the procedures outlined in s. 984.151. 29 (3) RETURN STUDENT TO PARENT.--A designated school 30 representative may shall visit the home or place of residence 31 of a student and any other place in which he or she is likely 11 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 to find any student who is required to attend school when the 2 student is not enrolled or is absent from school during school 3 hours without an excuse, and, when the student is found, shall 4 return the student to his or her parent or to the principal or 5 teacher in charge of the school, or to the private tutor from 6 whom absent, or to the juvenile assessment center or other 7 location established by the district school board to receive 8 students who are absent from school. Upon receipt of the 9 student, the parent shall be immediately notified. 10 (4) REPORT TO APPROPRIATE AUTHORITY.--A designated 11 school representative shall report to the appropriate 12 authority designated by law to receive such notices, all 13 violations of the Child Labor Law that may come to his or her 14 knowledge. 15 (5) RIGHT TO INSPECT.--A designated school 16 representative shall have the right of access to, and 17 inspection of, establishments where minors may be employed or 18 detained only for the purpose of ascertaining whether students 19 of compulsory school age are actually employed there and are 20 actually working there regularly. The designated school 21 representative shall, if he or she finds unsatisfactory 22 working conditions or violations of the Child Labor Law, 23 report his or her findings to the appropriate authority. 24 Section 6. This act shall take effect July 1, 2006. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 Delete everything before the enacting clause 30 31 and insert: 12 1:18 PM 04/21/06 s0772c1d-ea22-c3r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 772 Barcode 081748 1 A bill to be entitled 2 An act relating to schools; amending s. 3 1001.47, F.S.; clarifying the applicability of 4 the salary formula and certification programs 5 to elected district school superintendents; 6 amending s. 1001.50, F.S.; authorizing 7 participation by appointed district school 8 superintendents in certification programs 9 established by the Department of Education; 10 amending s. 1003.02, F.S.; authorizing district 11 school board attendance policies to allow 12 accumulated tardies and early departures to be 13 recorded as unexcused absences; authorizing 14 district school board policies for student 15 referral to a child study team under certain 16 circumstances; amending s. 1003.21, F.S.; 17 providing that students who have attained 16 18 years of age and have not graduated are subject 19 to compulsory school attendance under certain 20 circumstances; requiring student exit 21 interviews prior to terminating school 22 enrollment; amending s. 1003.26, F.S.; 23 providing district school superintendent's 24 responsibility to support local law enforcement 25 agencies in enforcing school attendance; 26 providing required and authorized child study 27 team interventions; authorizing visits by 28 school representatives; providing an effective 29 date. 30 31 13 1:18 PM 04/21/06 s0772c1d-ea22-c3r