Senate Bill sb0772e2

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    CS for CS for SB 772                          Second Engrossed



  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; transferring and

29         amending s. 1013.721, F.S.; renaming the

30         Florida Business and Education in School

31         Together Program as "A Business-Community (ABC)


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    CS for CS for SB 772                          Second Engrossed



 1         School Program"; defining the term "A

 2         Business-Community School"; requiring each

 3         school board to submit certain documentation to

 4         the Department of Education; requiring each

 5         school board to designate a school program

 6         liaison; requiring each school district to

 7         establish an evaluation committee; requiring

 8         each school board to provide to the department

 9         information about each member of the committee;

10         requiring the committee to submit an annual

11         report to the school board and the

12         superintendent; providing for the committee's

13         responsibilities; providing for admissions of

14         students to the school program; authorizing a

15         school district and a business to enter into a

16         contract for operation of the school program;

17         amending s. 1013.502, F.S.; providing for

18         facilities for the school program; requiring

19         certain public schools to have an operational

20         automated external defibrillator on the school

21         grounds; providing for training; requiring such

22         devices to be registered with a local medical

23         services director; creating s. 1003.493, F.S.;

24         defining "career and professional academy";

25         providing academy goals and duties; authorizing

26         an academy to be offered as a described small

27         learning community; creating s. 1003.494, F.S.;

28         requiring the Department of Education to

29         establish a Career High-Skill Occupational

30         Initiative for Career Education (CHOICE)

31         project as a competitive process for the


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    CS for CS for SB 772                          Second Engrossed



 1         designation of school district participants and

 2         CHOICE academies; defining "CHOICE academy" and

 3         providing purposes thereof; providing

 4         eligibility criteria for such designation and

 5         duties of participating school districts and

 6         the department; providing for the award to

 7         school district participants in the CHOICE

 8         project of startup funds for the development of

 9         CHOICE academies; amending ss. 288.9015 and

10         445.004, F.S.; providing duties of Enterprise

11         Florida, Inc., and Workforce Florida, Inc., to

12         conform; amending s. 1001.43, F.S., relating to

13         district school board powers and duties;

14         allowing students to wear sun-protective items

15         while outdoors during school hours; authorizing

16         use of federal funds to purchase food when

17         federal program guidelines permit such use;

18         amending s. 1006.22, F.S.; revising provisions

19         for district school board transportation of

20         students in vehicles other than school buses;

21         providing requirements with respect to the

22         awarding of incentives; authorizing incentives

23         for student performance or attendance and

24         establishing limits; establishing

25         responsibilities of school districts and

26         supplemental educational services providers;

27         providing requirements for school district and

28         provider compliance; providing penalties for

29         noncompliance; authorizing application for

30         reallocation of funds and providing for appeal;

31         authorizing adoption of rules and providing for


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    CS for CS for SB 772                          Second Engrossed



 1         enforcement; requiring the Department of

 2         Education to establish a committee of

 3         practitioners; providing for appointment and

 4         authority; amending s. 1001.451, F.S.;

 5         requiring the determination of services and use

 6         of funds to be established by the board of

 7         directors of a regional consortium service

 8         organization; authorizing establishment of

 9         purchasing and bidding programs in lieu of

10         individual school district bid arrangements;

11         authorizing establishment of a direct-support

12         organization; creating s. 1003.453, F.S.;

13         requiring each school district to submit to the

14         Department of Education, by a specified

15         deadline, copies of the district's school

16         wellness policy and physical education policy;

17         requiring the school district to review those

18         policies annually; requiring the department and

19         school districts to post links to those

20         policies on their websites; requiring the

21         department to provide website links to certain

22         resources and prescribing the types of

23         information those resources must provide;

24         encouraging school districts to provide basic

25         training in first aid to students in certain

26         grade levels; amending s. 1003.455, F.S.;

27         requiring that school district physical

28         education programs and curricula be reviewed by

29         a certified physical education instructor;

30         encouraging school districts to provide

31         physical education for a specified amount of


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    CS for CS for SB 772                          Second Engrossed



 1         time; deleting obsolete language; amending s.

 2         381.0056, F.S., the "School Health Services

 3         Act"; requiring schools to annually provide

 4         certain information to students' parents and

 5         guardians; providing requirements relating to

 6         membership of school health advisory

 7         committees; encouraging the committees to

 8         address specified matters; providing an

 9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Section 1001.47, Florida Statutes, is

14  amended to read:

15         1001.47  District school superintendent; salary.--

16         (1)  Each elected district school superintendent shall

17  receive as salary the amount indicated pursuant to this

18  section. However, a district school board, by majority vote,

19  may approve a salary in excess of the amount specified in this

20  section.

21         (2)  Each elected district school superintendent shall

22  receive a base salary, the amounts indicated in this

23  subsection, based on the population of the county the elected

24  superintendent serves. In addition, compensation shall be made

25  for population increments over the minimum for each population

26  group, which shall be determined by multiplying the population

27  in excess of the minimum for the group times the group rate.

28  The product of such calculation shall be added to the base

29  salary to determine the adjusted base salary. Laws that

30  increase the base salary provided in this subsection shall

31  contain provisions on no other subject.


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    CS for CS for SB 772                          Second Engrossed



 1  

 2  Pop. Group     County Pop. Range     Base Salary    Group Rate

 3               Minimum       Maximum

 4  

 5  I                -0-        49,999     $21,250      $0.07875

 6  II            50,000        99,999      24,400       0.06300

 7  III          100,000       199,999      27,550       0.02625

 8  IV           200,000       399,999      30,175       0.01575

 9  V            400,000       999,999      33,325       0.00525

10  VI         1,000,000                    36,475       0.00400

11         (3)  The adjusted base salaries of elected district

12  school superintendents shall be increased annually as provided

13  for in s. 145.19. Any salary previously paid to elected

14  superintendents, including the salary calculated for fiscal

15  years 2002-2003 and 2003-2004, which was consistent with

16  chapter 145 and s. 230.303, Florida Statutes (2001), is hereby

17  ratified and validated.

18         (4)  This section does not apply to a district school

19  superintendent appointed pursuant to the terms of s. 1001.50.

20         (4)(5)(a)  There shall be an additional $2,000 per year

21  special qualification salary paid by district school boards

22  for each elected district school superintendent who has met

23  the certification requirements established by the Department

24  of Education. Any elected district school superintendent who

25  is certified during a calendar year shall receive in that year

26  a pro rata share of the special qualification salary based on

27  the remaining period of the year.

28         (b)  In order to qualify for the special qualification

29  salary provided by paragraph (a), the elected district school

30  superintendent must complete the requirements established by

31  


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    CS for CS for SB 772                          Second Engrossed



 1  the Department of Education within 6 years after first taking

 2  office.

 3         (c)  After an elected a district school superintendent

 4  meets the requirements of paragraph (a), in order to remain

 5  certified the district school superintendent shall thereafter

 6  be required to complete each year a course of continuing

 7  education as prescribed by the Department of Education.

 8         (5)(6)(a)  The Department of Education shall provide a

 9  leadership development and performance compensation program

10  for elected district school superintendents, comparable to

11  chief executive officer development programs for corporate

12  executive officers, to include:

13         1.  A content-knowledge-and-skills phase consisting of:

14  creative leadership models and theory, demonstration of

15  effective practice, simulation exercises and personal skills

16  practice, and assessment with feedback, taught in a

17  professional training setting under the direction of

18  experienced, successful trainers.

19         2.  A competency-acquisition phase consisting of

20  on-the-job application of knowledge and skills for a period of

21  not less than 6 months following the successful completion of

22  the content-knowledge-and-skills phase. The

23  competency-acquisition phase shall be supported by adequate

24  professional technical assistance provided by experienced

25  trainers approved by the department. Competency acquisition

26  shall be demonstrated through assessment and feedback.

27         (b)  Upon the successful completion of both phases and

28  demonstrated successful performance, as determined by the

29  department, an elected a district school superintendent shall

30  be issued a Chief Executive Officer Leadership Development

31  Certificate, and the department shall pay and shall be given


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    CS for CS for SB 772                          Second Engrossed



 1  an annual performance salary incentive of not less than $3,000

 2  nor more than $7,500 based upon his or her performance

 3  evaluation.

 4         (c)  An elected A district school superintendent's

 5  eligibility to continue receiving the annual performance

 6  salary incentive is contingent upon his or her continued

 7  performance assessment and followup training prescribed by the

 8  department.

 9         Section 2.  Subsection (4) is added to section 1001.50,

10  Florida Statutes, to read:

11         1001.50  Superintendents employed under Art. IX of the

12  State Constitution.--

13         (4)  A district school superintendent employed under

14  the terms of this section may participate in the courses of

15  continuing professional education provided in the special

16  qualification certification program pursuant to s. 1001.47(4)

17  and the leadership development and performance compensation

18  program pursuant to s. 1001.47(5), as established by the

19  department. Upon successful completion of the certification

20  requirements for one or both of these programs, the district

21  school board may use such certification or certifications as a

22  factor in determining the amount of compensation to be paid.

23         Section 3.  Paragraph (b) of subsection (1) of section

24  1003.02, Florida Statutes, is amended to read:

25         1003.02  District school board operation and control of

26  public K-12 education within the school district.--As provided

27  in part II of chapter 1001, district school boards are

28  constitutionally and statutorily charged with the operation

29  and control of public K-12 education within their school

30  district. The district school boards must establish, organize,

31  and operate their public K-12 schools and educational


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    CS for CS for SB 772                          Second Engrossed



 1  programs, employees, and facilities. Their responsibilities

 2  include staff development, public K-12 school student

 3  education including education for exceptional students and

 4  students in juvenile justice programs, special programs, adult

 5  education programs, and career education programs.

 6  Additionally, district school boards must:

 7         (1)  Provide for the proper accounting for all students

 8  of school age, for the attendance and control of students at

 9  school, and for proper attention to health, safety, and other

10  matters relating to the welfare of students in the following

11  fields:

12         (b)  Enforcement of attendance laws.--Provide for the

13  enforcement of all laws and rules relating to the attendance

14  of students at school. District school boards are authorized

15  to establish policies that allow accumulated unexcused

16  tardies, regardless of when they occur during the school day,

17  and early departures from school to be recorded as unexcused

18  absences. District school boards are also authorized to

19  establish policies that require referral to a school's child

20  study team for students who have fewer absences than the

21  number required by s. 1003.26(1)(b).

22         Section 4.  Paragraph (c) of subsection (1) of section

23  1003.21, Florida Statutes, is amended to read:

24         1003.21  School attendance.--

25         (1)

26         (c)  A student who attains the age of 16 years during

27  the school year is not subject to compulsory school attendance

28  beyond the date upon which he or she attains that age if the

29  student files a formal declaration of intent to terminate

30  school enrollment with the district school board. Public

31  school students who have attained the age of 16 years and who


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    CS for CS for SB 772                          Second Engrossed



 1  have not graduated are subject to compulsory school attendance

 2  until the formal declaration of intent is filed with the

 3  district school board. The declaration must acknowledge that

 4  terminating school enrollment is likely to reduce the

 5  student's earning potential and must be signed by the student

 6  and the student's parent. The school district must notify the

 7  student's parent of receipt of the student's declaration of

 8  intent to terminate school enrollment. The student's guidance

 9  counselor or other school personnel must conduct an exit

10  interview with the student to determine the reasons for the

11  student's decision to terminate school enrollment and actions

12  that could be taken to keep the student in school. The student

13  must be informed of opportunities to continue his or her

14  education in a different environment, including, but not

15  limited to, adult education and GED test preparation.

16  Additionally, the student must complete a survey in a format

17  prescribed by the Department of Education to provide data on

18  student reasons for terminating enrollment and actions taken

19  by schools to keep students enrolled.

20         Section 5.  Section 1003.26, Florida Statutes, is

21  amended to read:

22         1003.26  Enforcement of school attendance.--The

23  Legislature finds that poor academic performance is associated

24  with nonattendance and that school districts schools must take

25  an active role in promoting and enforcing attendance as a

26  means of improving student the performance of many students.

27  It is the policy of the state that each district school

28  superintendent be responsible for enforcing school attendance

29  of all students subject to the compulsory school age in the

30  school district and supporting enforcement of school

31  attendance by local law enforcement agencies. The


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    CS for CS for SB 772                          Second Engrossed



 1  responsibility includes recommending policies and procedures

 2  to the district school board policies and procedures to ensure

 3  that require public schools to respond in a timely manner to

 4  every unexcused absence, and every or absence for which the

 5  reason is unknown, of students enrolled in the schools.

 6  District school board policies shall must require the each

 7  parent of a student to justify each absence of the student,

 8  and that justification will be evaluated based on adopted

 9  district school board policies that define excused and

10  unexcused absences. The policies must provide that public

11  schools track excused and unexcused absences and contact the

12  home in the case of an unexcused absence from school, or an

13  absence from school for which the reason is unknown, to

14  prevent the development of patterns of nonattendance. The

15  Legislature finds that early intervention in school attendance

16  matters is the most effective way of producing good attendance

17  habits that will lead to improved student learning and

18  achievement. Each public school shall implement the following

19  steps to promote and enforce regular school attendance:

20         (1)  CONTACT, REFER, AND ENFORCE.--

21         (a)  Upon each unexcused absence, or absence for which

22  the reason is unknown, the school principal or his or her

23  designee shall contact the student's parent to determine the

24  reason for the absence. If the absence is an excused absence,

25  as defined by district school board policy, the school shall

26  provide opportunities for the student to make up assigned work

27  and not receive an academic penalty unless the work is not

28  made up within a reasonable time.

29         (b)  If a student has had at least five unexcused

30  absences, or absences for which the reasons are unknown,

31  within a calendar month or 10 unexcused absences, or absences


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    CS for CS for SB 772                          Second Engrossed



 1  for which the reasons are unknown, within a 90-calendar-day

 2  period, the student's primary teacher shall report to the

 3  school principal or his or her designee that the student may

 4  be exhibiting a pattern of nonattendance. The principal shall,

 5  unless there is clear evidence that the absences are not a

 6  pattern of nonattendance, refer the case to the school's child

 7  study team to determine if early patterns of truancy are

 8  developing. If the child study team finds that a pattern of

 9  nonattendance is developing, whether the absences are excused

10  or not, a meeting with the parent must be scheduled to

11  identify potential remedies, and the principal shall notify

12  the district school superintendent and the school district

13  contact for home education programs that the referred student

14  is exhibiting a pattern of nonattendance.

15         (c)  If an initial meeting does not resolve the

16  problem, the child study team shall implement the following

17  interventions that best address the problem. The interventions

18  may include, but need not be limited to:

19         1.  Frequent attempts at communication between the

20  teacher and the family.;

21         2.  Changes in the learning environment;

22         3.  Mentoring;

23         4.  Student counseling;

24         5.  Tutoring, including peer tutoring;

25         6.  Placement into different classes;

26         2.7.  Evaluation for alternative education programs.;

27         3.8.  Attendance contracts.;

28         9.  Referral to other agencies for family services; or

29         10.  Other interventions, including, but not limited

30  to, a truancy petition pursuant to s. 984.151. 

31  


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    CS for CS for SB 772                          Second Engrossed



 1  The child study team may, but is not required to, implement

 2  other interventions, including referral to other agencies for

 3  family services or recommendation for filing a truancy

 4  petition pursuant to s. 984.151.

 5         (d)  The child study team shall be diligent in

 6  facilitating intervention services and shall report the case

 7  to the district school superintendent only when all reasonable

 8  efforts to resolve the nonattendance behavior are exhausted.

 9         (e)  If the parent refuses to participate in the

10  remedial strategies because he or she believes that those

11  strategies are unnecessary or inappropriate, the parent may

12  appeal to the district school board. The district school board

13  may provide a hearing officer, and the hearing officer shall

14  make a recommendation for final action to the district school

15  board. If the district school board's final determination is

16  that the strategies of the child study team are appropriate,

17  and the parent still refuses to participate or cooperate, the

18  district school superintendent may seek criminal prosecution

19  for noncompliance with compulsory school attendance.

20         (f)1.  If the parent of a child who has been identified

21  as exhibiting a pattern of nonattendance enrolls the child in

22  a home education program pursuant to chapter 1002, the

23  district school superintendent shall provide the parent a copy

24  of s. 1002.41 and the accountability requirements of this

25  paragraph. The district school superintendent shall also refer

26  the parent to a home education review committee composed of

27  the district contact for home education programs and at least

28  two home educators selected by the parent from a district list

29  of all home educators who have conducted a home education

30  program for at least 3 years and who have indicated a

31  willingness to serve on the committee. The home education


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    CS for CS for SB 772                          Second Engrossed



 1  review committee shall review the portfolio of the student, as

 2  defined by s. 1002.41, every 30 days during the district's

 3  regular school terms until the committee is satisfied that the

 4  home education program is in compliance with s. 1002.41(1)(b).

 5  The first portfolio review must occur within the first 30

 6  calendar days of the establishment of the program. The

 7  provisions of subparagraph 2. do not apply once the committee

 8  determines the home education program is in compliance with s.

 9  1002.41(1)(b).

10         2.  If the parent fails to provide a portfolio to the

11  committee, the committee shall notify the district school

12  superintendent. The district school superintendent shall then

13  terminate the home education program and require the parent to

14  enroll the child in an attendance option that meets the

15  definition of "regular school attendance" under s.

16  1003.01(13)(a), (b), (c), or (e), within 3 days. Upon

17  termination of a home education program pursuant to this

18  subparagraph, the parent shall not be eligible to reenroll the

19  child in a home education program for 180 calendar days.

20  Failure of a parent to enroll the child in an attendance

21  option as required by this subparagraph after termination of

22  the home education program pursuant to this subparagraph shall

23  constitute noncompliance with the compulsory attendance

24  requirements of s. 1003.21 and may result in criminal

25  prosecution under s. 1003.27(2). Nothing contained herein

26  shall restrict the ability of the district school

27  superintendent, or the ability of his or her designee, to

28  review the portfolio pursuant to s. 1002.41(1)(b).

29         (g)  If a student subject to compulsory school

30  attendance will not comply with attempts to enforce school

31  attendance, the parent or the district school superintendent


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    CS for CS for SB 772                          Second Engrossed



 1  or his or her designee shall refer the case to the case

 2  staffing committee pursuant to s. 984.12, and the district

 3  school superintendent or his or her designee may file a

 4  truancy petition pursuant to the procedures in s. 984.151.

 5         (2)  GIVE WRITTEN NOTICE.--

 6         (a)  Under the direction of the district school

 7  superintendent, a designated school representative shall give

 8  written notice that requires enrollment or attendance within 3

 9  days after the date of notice, in person or by return-receipt

10  mail, to the parent when no valid reason is found for a

11  student's nonenrollment in school. If the notice and

12  requirement are ignored, the designated school representative

13  shall report the case to the district school superintendent,

14  and may refer the case to the case staffing committee,

15  established pursuant to s. 984.12. The district school

16  superintendent shall take such steps as are necessary to bring

17  criminal prosecution against the parent.

18         (b)  Subsequent to the activities required under

19  subsection (1), the district school superintendent or his or

20  her designee shall give written notice in person or by

21  return-receipt mail to the parent that criminal prosecution is

22  being sought for nonattendance. The district school

23  superintendent may file a truancy petition, as defined in s.

24  984.03, following the procedures outlined in s. 984.151.

25         (3)  RETURN STUDENT TO PARENT.--A designated school

26  representative may shall visit the home or place of residence

27  of a student and any other place in which he or she is likely

28  to find any student who is required to attend school when the

29  student is not enrolled or is absent from school during school

30  hours without an excuse, and, when the student is found, shall

31  return the student to his or her parent or to the principal or


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    CS for CS for SB 772                          Second Engrossed



 1  teacher in charge of the school, or to the private tutor from

 2  whom absent, or to the juvenile assessment center or other

 3  location established by the district school board to receive

 4  students who are absent from school. Upon receipt of the

 5  student, the parent shall be immediately notified.

 6         (4)  REPORT TO APPROPRIATE AUTHORITY.--A designated

 7  school representative shall report to the appropriate

 8  authority designated by law to receive such notices, all

 9  violations of the Child Labor Law that may come to his or her

10  knowledge.

11         (5)  RIGHT TO INSPECT.--A designated school

12  representative shall have the right of access to, and

13  inspection of, establishments where minors may be employed or

14  detained only for the purpose of ascertaining whether students

15  of compulsory school age are actually employed there and are

16  actually working there regularly. The designated school

17  representative shall, if he or she finds unsatisfactory

18  working conditions or violations of the Child Labor Law,

19  report his or her findings to the appropriate authority.

20         Section 6.  Section 1013.501, Florida Statutes, is

21  transferred, renumbered, as section 1013.721, Florida

22  Statutes, and amended to read:

23         1013.721 1013.501  A Business-Community (ABC) School

24  Florida Business and Education in School Together (Florida

25  BEST) Program.--

26         (1)  In order to increase business partnerships in

27  education, to reduce school and classroom overcrowding

28  throughout the state, and to offset the high costs of

29  educational facilities construction, and to use due diligence

30  and sound business practices in using available educational

31  space, the Legislature intends to encourage the formation of


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    CS for CS for SB 772                          Second Engrossed



 1  partnerships between business and education by creating A

 2  Business-Community (ABC) School the Florida Business and

 3  Education in School Together (Florida BEST) Program.

 4         (2)  "A Business-Community (ABC) School" means a public

 5  school that offers instruction to students from kindergarten

 6  through third grade. The school may offer instruction in any

 7  single grade level or for multiple grade levels. ABC schools

 8  shall comply with the constitutional class size requirements.

 9         (3)(2)  Each school board shall, through advertisements

10  in local media and other means, request proposals from area

11  businesses to allow the operation of a business and education

12  partnership school in facilities owned or operated by the

13  business. The Department of Education shall require each

14  school board to submit documentation to the department which

15  demonstrates the board's compliance with this advertisement

16  requirement. Each school board shall designate a school

17  district employee as the district's ABC program liaison and

18  shall provide the name and contact information of the liaison

19  to the department by September 1 of each year.

20         (4)(3)  Each school district shall establish an ABC a

21  Florida BEST school evaluation committee.

22         (a)  The committee shall be appointed by the school

23  board and be composed of one school district administrator, at

24  least one member of the business community, and at least one

25  member of a local chamber of commerce. The school board shall

26  provide the department with the names and contact information

27  for each member of the committee and notify the department

28  upon any change in membership or contact information.

29         (b)  The committee shall meet at least quarterly and

30  shall provide an annual report to the school board and the

31  


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    CS for CS for SB 772                          Second Engrossed



 1  superintendent regarding its activities during the preceding

 2  school year.

 3         (c)  The committee's responsibilities shall include,

 4  but need not be limited to:

 5         1.  Creating and implementing a strategic marketing

 6  plan to inform businesses about the benefits of the ABC school

 7  program.

 8         2.  Providing technical assistance to businesses

 9  seeking to implement an ABC school.

10         3.  Informing the public of the benefits of business

11  and education partnerships.

12         4.  Obtaining feedback from potential business partners

13  on how the ABC program could be improved.

14         5.  Identifying local barriers that preclude this

15  program from operating.

16         6.  Developing proposal evaluation criteria and

17  processes.

18         7.  Sharing information on effective ABC school

19  programs with the department and local communities.

20         (d)(b)  The committee shall evaluate the feasibility of

21  each proposal, including the operating cost, number of

22  students to be served, proposed student-to-teacher ratio,

23  proposed number of years the satellite school would operate,

24  and any other operational or facilities considerations the

25  school board or committee deems appropriate.

26         (e)(c)  The committee shall recommend to the school

27  board those proposals for satellite schools which the

28  committee deems viable and worthy of being established. The

29  school board must take official action on the recommendation

30  of the committee within 60 days after receipt of the

31  recommendation.


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    CS for CS for SB 772                          Second Engrossed



 1         (4)  A "Florida Business and Education in School

 2  Together (Florida BEST) school" is defined as a public school

 3  offering instruction to students from kindergarten through

 4  third grade. The school may offer instruction in any single

 5  grade level or for multiple grade levels. Florida BEST schools

 6  shall comply with the constitutional class size requirements.

 7         (5)(a)  First priority for admission of students to an

 8  ABC the Florida BEST school shall be given to the children of

 9  owners and employees of the host business. If additional

10  student capacity remains after those children are admitted,

11  the host business may designate choose which other neighboring

12  businesses whose owners or employees may also participate to

13  generate a viable number of students for the school. The

14  school board shall make the necessary arrangements to

15  accommodate students from other school districts whose parents

16  are associated with the host business or business partners.

17         (b)  Parents shall be responsible for providing

18  transportation to and from school for the students.

19         (6)(5)  A school district and a host business may enter

20  into a multiyear contract for operation of an ABC the Florida

21  BEST school may be entered into between the school district

22  and the host business. The contract must at least include

23  provisions relating to any cost of facilities modifications,

24  provide for the assignment or waiver of appropriate insurance

25  costs, specify the number of students expected to be served,

26  provide grounds for canceling the lease, and specify the

27  advance notice required before the school may be closed.

28         (a)  The school board shall be responsible for

29  providing the appropriate instructional, support, and

30  administrative staff and textbooks, materials, and supplies.

31  The school district may also agree to operate or contract for


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    CS for CS for SB 772                          Second Engrossed



 1  the operation of a before-school and after-school program

 2  using the donated facilities.

 3         (b)  The host business shall provide the appropriate

 4  types of space for operating the school. If special

 5  facilities, such as restrooms or dining, recreational, or

 6  other areas are required, the district may contribute a part

 7  of the cost of the construction, remodeling, or renovation for

 8  such facilities from capital outlay funds of the district. A

 9  multiyear lease for operation of the facility must be agreed

10  to if the school district contributes to the cost of such

11  construction.

12         Section 7.  Section 1013.502, Florida Statutes, is

13  amended to read:

14         1013.502  A Business-Community (ABC) Florida BEST

15  school facilities; standards.--Notwithstanding any local

16  government ordinance or regulation, any business or

17  corporation may expand the square footage or floor area of its

18  current or proposed facility to accommodate an ABC a Florida

19  Business and Education in School Together (Florida BEST)

20  School, as described under s. 1013.721. Facilities constructed

21  to house an ABC a Florida BEST school must comply with the

22  State Uniform Building Code for Public Educational Facilities

23  Construction adopted pursuant to s. 1013.37 and must meet

24  state and local health, environmental, and safety laws and

25  codes.

26         Section 8.  (1)  Each public school that is a member of

27  the Florida High School Athletic Association must have an

28  operational automated external defibrillator on the school

29  grounds. Public and private partnerships are encouraged to

30  cover the cost associated with the purchase and placement of

31  


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    CS for CS for SB 772                          Second Engrossed



 1  the defibrillator and training in the use of the

 2  defibrillator.

 3         (2)  Each school must ensure that all employees or

 4  volunteers who are reasonably expected to use the device

 5  obtain appropriate training, including completion of a course

 6  in cardiopulmonary resuscitation or a basic first aid course

 7  that includes cardiopulmonary resuscitation training, and

 8  demonstrated proficiency in the use of an automated external

 9  defibrillator.

10         (3)  The location of each automated external

11  defibrillator must be registered with a local emergency

12  medical services medical director.

13         (4)  The use of automated external defibrillators by

14  employees and volunteers is covered under ss. 768.13 and

15  768.1325, Florida Statutes.

16         Section 9.  Section 1003.493, Florida Statutes, is

17  created to read:

18         1003.493  Career and professional academies.--

19         (1)  A "career and professional academy" is a

20  research-based program that integrates a rigorous academic

21  curriculum with an industry-driven career curriculum. Career

22  and professional academies may be offered by public schools,

23  school districts, or the Florida Virtual School. Students

24  completing career and professional academy programs receive a

25  standard high school diploma, the highest available industry

26  certification, and postsecondary credit if the academy

27  partners with a postsecondary institution.

28         (2)  The goals of a career and professional academy are

29  to:

30  

31  


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    CS for CS for SB 772                          Second Engrossed



 1         (a)  Increase student academic achievement and

 2  graduation rates through integrated academic and career

 3  curricula.

 4         (b)  Focus on career preparation through rigorous

 5  academics and industry certification.

 6         (c)  Raise student aspiration and commitment to

 7  academic achievement and work ethics.

 8         (d)  Support graduation requirements by providing

 9  creative, applied majors as provided by law.

10         (e)  Promote acceleration mechanisms, such as dual

11  enrollment, articulated credit, or occupational completion

12  points, so that students may earn postsecondary credit while

13  in high school.

14         (f)  Support the state's economy by meeting industry

15  needs for skilled employees in high-demand occupations.

16         (3)  A career and professional academy may be offered

17  as one of the following small learning communities:

18         (a)  A school-within-a-school career academy, as part

19  of an existing high school, that provides courses in one

20  occupational cluster. Students in the high school are not

21  required to be students in the academy.

22         (b)  A total school configuration providing multiple

23  academies, each structured around an occupational cluster.

24  Every student in the school is in an academy.

25         (4)  Each career and professional academy must:

26         (a)  Provide a rigorous standards-based academic

27  curriculum integrated with a career curriculum. The curriculum

28  must take into consideration multiple styles of student

29  learning; promote learning by doing through application and

30  adaptation; maximize relevance of the subject matter; enhance

31  


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    CS for CS for SB 772                          Second Engrossed



 1  each student's capacity to excel; and include an emphasis on

 2  work habits and work ethics.

 3         (b)  Include one or more partnerships with

 4  postsecondary institutions, businesses, industry, employers,

 5  economic development organizations, or other appropriate

 6  partners from the local community. Such partnerships must

 7  provide opportunities for:

 8         1.  Instruction from highly skilled professionals.

 9         2.  Internships, externships, and on-the-job training.

10         3.  A postsecondary degree, diploma, or certificate.

11         4.  The highest available level of industry

12  certification. Where no national or state certification

13  exists, school districts may establish a local certification

14  in conjunction with the local workforce development board, the

15  chamber of commerce, or the Agency for Workforce Innovation.

16         5.  Maximum articulation of credits pursuant to s.

17  1007.23 upon program completion.

18         (c)  Provide creative and tailored student advisement,

19  including parent participation and coordination with middle

20  schools to provide career exploration and education planning.

21  Coordination with middle schools must provide information to

22  middle school students about secondary and postsecondary

23  career education programs and academies.

24         (d)  Provide a career education certification on the

25  high school diploma pursuant to s. 1003.431.

26         (e)  Provide instruction in careers designated as high

27  growth, high demand, and high pay by the local workforce

28  development board, the chamber of commerce, or the Agency for

29  Workforce Innovation.

30         (f)  Deliver academic content through instruction

31  relevant to the career, including intensive reading and


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    CS for CS for SB 772                          Second Engrossed



 1  mathematics intervention, with an emphasis on strengthening

 2  reading for information skills.

 3         (g)  Offer applied courses that combine academic

 4  content with technical skills. Such courses must be submitted

 5  to the Department of Education no later than 5 months before

 6  the beginning of the school term in which such courses are

 7  planned to be offered. The State Board of Education must

 8  approve or disapprove courses no later than 3 months before

 9  the beginning of the school term in which such courses are

10  planned to be offered. The department shall present new

11  courses to the state board for approval a minimum of three

12  times annually.

13         (h)  Provide instruction resulting in competency,

14  certification, or credentials in workplace skills, including,

15  but not limited to, communication skills, interpersonal

16  skills, decisionmaking skills, the importance of attendance

17  and timeliness in the work environment, and work ethics.

18         (i)  Provide opportunities for students to obtain the

19  Florida Ready to Work Certification as provided by law.

20         (j)  Include an evaluation plan developed jointly with

21  the Department of Education. The evaluation plan must include

22  a self-assessment tool based on standards, such as the Career

23  Academy National Standards of Practice, and outcome measures

24  including, but not limited to, graduation rates, enrollment in

25  postsecondary education, business and industry satisfaction,

26  employment and earnings, achievement of industry

27  certification, awards of postsecondary credit, and FCAT

28  achievement levels and learning gains.

29         Section 10.  Section 1003.494, Florida Statutes, is

30  created to read:

31  


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    CS for CS for SB 772                          Second Engrossed



 1         1003.494  Career High-Skill Occupational Initiative for

 2  Career Education (CHOICE) academies.--

 3         (1)  The Department of Education shall establish a

 4  Career High-Skill Occupational Initiative for Career Education

 5  (CHOICE) project. The project shall consist of a competitive

 6  process for selecting and designating school districts as

 7  participants in the project and designating CHOICE academies

 8  within participating school districts.

 9         (2)  A "CHOICE academy" is a career and professional

10  academy that meets the goals and requirements specified in s.

11  1003.493 and offers a rigorous and relevant academic

12  curriculum leading to industry-recognized certification,

13  college credit, and credit toward a high school diploma.

14  Existing career education courses may serve as a foundation

15  for the creation of a CHOICE academy.

16         (3)  The purposes of a CHOICE academy are to:

17         (a)  Draw upon ongoing partnerships between education

18  and workforce development or economic development

19  organizations to enhance the quality and opportunities for

20  career education for high school students by exposure to

21  in-demand career education as identified by such organizations

22  in the local community.

23         (b)  Build upon the state system of school improvement

24  and education accountability by providing students with a

25  solid academic foundation, opportunities to obtain

26  industry-recognized certification or credentials, and

27  preparation for postsecondary educational experiences in

28  related fields.

29         (c)  Prepare graduating high school students to make

30  appropriate choices relative to employment and future

31  educational experiences.


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    CS for CS for SB 772                          Second Engrossed



 1         (4)  The Department of Education may establish

 2  application guidelines for an annual competitive process and

 3  eligibility criteria for school district participation. A

 4  school district may apply to the department for designation as

 5  a CHOICE project participating district, and the department,

 6  in consultation with Workforce Florida, Inc., and Enterprise

 7  Florida, Inc., may designate as many school districts as it

 8  deems advisable each year. Eligibility criteria for

 9  designation of a school district as a CHOICE project

10  participant shall include, but not be limited to:

11         (a)  The willingness and ability of associated

12  businesses or industries to form partnerships with and support

13  CHOICE academies.

14         (b)  The dedication of school district resources to

15  CHOICE academies.

16         (5)  The Department of Education, in consultation with

17  Workforce Florida, Inc., shall establish standards for

18  designating specific CHOICE academies in each participating

19  school district. A participating school district may apply to

20  the department for designation of a CHOICE academy within the

21  district. Eligibility criteria for such designation shall

22  include, but not be limited to:

23         (a)  Partnerships with an associated business or

24  industry and a regional workforce board or the primary local

25  economic development organization in the county as recognized

26  by Enterprise Florida, Inc. The partnership of the business or

27  industry with the CHOICE academy must be based on the

28  connection of the business or industry with the academy's

29  career theme and must involve future plans for improving the

30  local economy. The business or industry partner must be

31  consulted during the planning stages of a CHOICE academy and


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    CS for CS for SB 772                          Second Engrossed



 1  provide business or industry support and resources devoted to

 2  the CHOICE academy. The Consortium of Florida Education

 3  Foundations or a designee must also be consulted during the

 4  planning stages of a CHOICE academy and may provide support

 5  and resources devoted to the CHOICE academy.

 6         (b)  At least one established partnership and an

 7  articulation agreement for credit with a postsecondary

 8  institution.

 9         (c)  A plan for sustaining the CHOICE academy.

10  

11  The Okaloosa County School District and other school districts

12  that have received funding from Workforce Florida, Inc., for

13  the establishment of CHOICE academies prior to July 1, 2006,

14  shall receive an expedited review for CHOICE academy

15  designation by the department.

16         (6)  A participating school district shall:

17         (a)  Identify an appropriate location for classes.

18         (b)  Ensure that a CHOICE academy is flexible enough to

19  respond both to the needs and abilities of students and to the

20  needs of associated businesses or industries.

21         (c)  Redirect appropriated funding from ongoing

22  activities to a CHOICE academy.

23         (d)  Plan for sustaining a CHOICE academy as an ongoing

24  program without additional funding.

25         (7)  The Department of Education shall:

26         (a)  With assistance from Workforce Florida, Inc.,

27  provide technical assistance to participating school districts

28  in submitting applications for designation of specific CHOICE

29  academies located in specific schools in the school district,

30  reorganizing career education opportunities, developing CHOICE

31  academies with career themes in areas deemed appropriate by


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    CS for CS for SB 772                          Second Engrossed



 1  Workforce Florida, Inc., or local economic development

 2  organizations, and developing funding plans.

 3         (b)  Jointly with Workforce Florida, Inc., and in

 4  consultation with school districts, develop evaluation

 5  criteria for CHOICE academies. Such criteria shall include

 6  increased academic performance of students and schools using

 7  school-level accountability data.

 8         (c)  Report to the State Board of Education, the

 9  Governor, the President of the Senate, and the Speaker of the

10  House of Representatives by July 1 of each year on school

11  district participation in the CHOICE project, designated

12  CHOICE academies with enrollment and completion data for such

13  academies, and appropriate outcomes for students who have

14  completed a CHOICE academy program. Such outcomes may include

15  continuing educational experiences of CHOICE academy

16  graduates, business or industry satisfaction with the CHOICE

17  academies, placement of CHOICE academy graduates in

18  employment, and earnings of such graduates.

19         (d)  Promote CHOICE academies and provide planning and

20  startup resources as available.

21         (8)  As provided in the General Appropriations Act, the

22  Department of Education shall award one-time startup funds to

23  school districts designated as participants in the CHOICE

24  project for the development of CHOICE academies. All school

25  districts designated by the department are authorized to

26  establish one or more CHOICE academies without incentive

27  funds.

28         Section 11.  Subsection (7) is added to section

29  288.9015, Florida Statutes, to read:

30         288.9015  Enterprise Florida, Inc.; purpose; duties.--

31  


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    CS for CS for SB 772                          Second Engrossed



 1         (7)  Enterprise Florida, Inc., shall work with the

 2  Department of Education and Workforce Florida, Inc., in the

 3  designation of school districts as participants in the CHOICE

 4  project pursuant to s. 1003.494.

 5         Section 12.  Paragraph (i) is added to subsection (5)

 6  of section 445.004, Florida Statutes, to read:

 7         445.004  Workforce Florida, Inc.; creation; purpose;

 8  membership; duties and powers.--

 9         (5)  Workforce Florida, Inc., shall have all the powers

10  and authority, not explicitly prohibited by statute, necessary

11  or convenient to carry out and effectuate the purposes as

12  determined by statute, Pub. L. No. 105-220, and the Governor,

13  as well as its functions, duties, and responsibilities,

14  including, but not limited to, the following:

15         (i)  Working with the Department of Education and

16  Enterprise Florida, Inc., in the implementation of the CHOICE

17  project pursuant to s. 1003.494.

18         Section 13.  Paragraph (b) of subsection (1) of section

19  1001.43, Florida Statutes, is amended, and paragraph (g) is

20  added to subsection (2) of that section, to read:

21         1001.43  Supplemental powers and duties of district

22  school board.--The district school board may exercise the

23  following supplemental powers and duties as authorized by this

24  code or State Board of Education rule.

25         (1)  STUDENT MANAGEMENT.--The district school board may

26  adopt programs and policies to ensure the safety and welfare

27  of individuals, the student body, and school personnel, which

28  programs and policies may:

29         (b)  Require uniforms to be worn by the student body,

30  or impose other dress-related requirements, if the district

31  school board finds that those requirements are necessary for


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    CS for CS for SB 772                          Second Engrossed



 1  the safety or welfare of the student body or school personnel.

 2  However, students may wear sunglasses, hats, or other

 3  sun-protective wear while outdoors during school hours, such

 4  as when students are at recess.

 5         (2)  FISCAL MANAGEMENT.--The district school board may

 6  adopt policies providing for fiscal management of the school

 7  district with respect to school purchasing, facilities,

 8  nonstate revenue sources, budgeting, fundraising, and other

 9  activities relating to the fiscal management of district

10  resources, including, but not limited to, the policies

11  governing:

12         (g)  Use of federal funds to purchase food when federal

13  program guidelines permit such use.

14         Section 14.  Subsection (1) of section 1006.22, Florida

15  Statutes, is amended to read:

16         1006.22  Safety and health of students being

17  transported.--Maximum regard for safety and adequate

18  protection of health are primary requirements that must be

19  observed by district school boards in routing buses,

20  appointing drivers, and providing and operating equipment, in

21  accordance with all requirements of law and rules of the State

22  Board of Education in providing transportation pursuant to s.

23  1006.21:

24         (1)(a)  District school boards shall use school buses,

25  as defined in s. 1006.25, for all regular transportation.

26  Regular transportation or regular use means transportation of

27  students to and from school or school-related activities that

28  are part of a scheduled series or sequence of events to the

29  same location. "Students" means, for the purposes of this

30  section, students enrolled in the public schools in

31  prekindergarten disability programs and in kindergarten


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    CS for CS for SB 772                          Second Engrossed



 1  through grade 12. District school boards may regularly use

 2  motor vehicles other than school buses only under the

 3  following conditions:

 4         1.(a)  When the transportation is for physically

 5  handicapped or isolated students and the district school board

 6  has elected to provide for the transportation of the student

 7  through written or oral contracts or agreements.

 8         2.(b)  When the transportation is a part of a

 9  comprehensive contract for a specialized educational program

10  between a district school board and a service provider who

11  provides instruction, transportation, and other services.

12         3.(c)  When the transportation is provided through a

13  public transit system.

14         4.(d)  When the transportation is for trips to and from

15  school sites or agricultural education sites or for trips to

16  and from agricultural education-related events or

17  competitions, but is not for customary transportation between

18  a student's residence and such sites. When the transportation

19  of students is necessary or practical in a motor vehicle owned

20  or operated by a district school board other than a school

21  bus, such transportation must be provided in designated

22  seating positions in a passenger car not to exceed 8 students

23  or in a multipurpose passenger vehicle designed to transport

24  10 or fewer persons which meets all applicable federal motor

25  vehicle safety standards. Multipurpose passenger vehicles

26  classified as utility vehicles with a wheelbase of 110 inches

27  or less which are required by federal motor vehicle standards

28  to display a rollover warning label may not be used.

29  

30  When students are transported in motor vehicles, the occupant

31  crash protection system provided by the vehicle manufacturer


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    CS for CS for SB 772                          Second Engrossed



 1  must be used unless the student's physical condition prohibits

 2  such use.

 3         (b)  When the transportation of students is provided,

 4  as authorized in this subsection, in a vehicle other than a

 5  school bus that is owned, operated, rented, contracted, or

 6  leased by a school district or charter school, the following

 7  provisions shall apply:

 8         1.  The vehicle must be a passenger car or multipurpose

 9  passenger vehicle or truck, as defined in Title 49 C.F.R. part

10  571, designed to transport fewer than 10 students. Students

11  must be transported in designated seating positions and must

12  use the occupant crash protection system provided by the

13  manufacturer unless the student's physical condition prohibits

14  such use.

15         2.  An authorized vehicle may not be driven by a

16  student on a public right-of-way. An authorized vehicle may be

17  driven by a student on school or private property as part of

18  the student's educational curriculum if no other student is in

19  the vehicle.

20         3.  The driver of an authorized vehicle transporting

21  students must maintain a valid driver's license and must

22  comply with the requirements of the school district's locally

23  adopted safe driver plan, which includes review of driving

24  records for disqualifying violations.

25         4.  The district school board or charter school must

26  adopt a policy that addresses procedures and liability for

27  trips under this paragraph, including a provision that school

28  buses are to be used whenever practical and specifying

29  consequences for violation of the policy.

30         Section 15.  Supplemental educational services in Title

31  I schools; school district and provider responsibilities.--


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    CS for CS for SB 772                          Second Engrossed



 1         (1)  INCENTIVES.--A provider or school district may not

 2  provide incentives to entice a student or a student's parent

 3  to choose a provider. After a provider has been chosen, the

 4  student may be awarded incentives for performance or

 5  attendance, the total value of which may not exceed $50 per

 6  student per year.

 7         (2)  RESPONSIBILITIES OF SCHOOL DISTRICT AND

 8  PROVIDER.--

 9         (a)  School districts must create a streamlined parent

10  enrollment and provider selection process for supplemental

11  educational services and ensure that the process enables

12  eligible students to begin receiving supplemental educational

13  services no later than October 15 of each school year.

14         (b)  Supplemental educational services enrollment forms

15  must be made freely available to the parents of eligible

16  students and providers both prior to and after the start of

17  the school year.

18         (c)  School districts must provide notification to

19  parents of students eligible to receive supplemental

20  educational services prior to and after the start of the

21  school year. Notification shall include contact information

22  for state-approved providers as well as the enrollment form,

23  clear instructions, and timeline for the selection of

24  providers and commencement of services.

25         (d)  State-approved supplemental educational services

26  providers must be able to provide services to eligible

27  students no later than October 15 of each school year

28  contingent upon their receipt of their district-approved

29  student enrollment lists at least 20 days prior to the start

30  date.

31  


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    CS for CS for SB 772                          Second Engrossed



 1         (e)  In the event that the contract with a

 2  state-approved provider is signed less than 20 days prior to

 3  October 15, the provider shall be afforded no less than 20

 4  days from the date the contract was executed to begin

 5  delivering services.

 6         (f)  A school district must hold open student

 7  enrollment for supplemental educational services unless or

 8  until it has obtained a written election to receive or reject

 9  services from parents in accordance with paragraph (3)(a).

10         (g)  School districts, using the same policies applied

11  to other organizations that have access to school sites, shall

12  provide access to school facilities to providers that wish to

13  use these sites for supplemental educational services.

14         (3)  COMPLIANCE; PENALTIES FOR NONCOMPLIANCE.--

15         (a)  Compliance is met when the school district has

16  obtained evidence of reception or rejection of services from

17  the parents of at least a majority of the students receiving

18  free or reduced-price lunch in Title I schools that are

19  eligible for parental choice of transportation or supplemental

20  educational services unless a waiver is granted by the State

21  Board of Education. A waiver shall only be granted if there is

22  clear and convincing evidence of the district's efforts to

23  secure evidence of the parent's decision. Requirements for

24  parental election to receive supplemental educational services

25  shall not exceed the election requirements for the free and

26  reduced-price lunch program.

27         (b)  A provider must be able to deliver supplemental

28  educational services to school districts in which the provider

29  is approved by the state. If a state-approved provider

30  withdraws from offering services to students in a school

31  district in which it is approved and in which it has signed


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    CS for CS for SB 772                          Second Engrossed



 1  either a contract to provide services or a letter of intent

 2  and the minimums per site set by the provider have been met,

 3  the school district must report the provider to the

 4  department. The provider shall be immediately removed from the

 5  state-approved list for the current school year for that

 6  school district. Upon the second such withdrawal in any school

 7  district, the provider shall be ineligible to provide services

 8  in the state the following year.

 9         (4)  REALLOCATION OF FUNDS.--If a school district has

10  not spent the required supplemental educational services

11  set-aside funding, the district may apply to the Department of

12  Education after January 1 for authorization to reallocate the

13  funds. If the Commissioner of Education does not approve the

14  reallocation of funds, the district may appeal to the State

15  Board of Education. The State Board of Education must consider

16  the appeal within 60 days of its receipt and the decision of

17  the state board shall be final.

18         (5)  RULES.--The State Board of Education may adopt

19  rules pursuant to ss. 120.536(1) and 120.54, Florida Statutes,

20  to implement the provisions of this section and may enforce

21  the provisions of this section pursuant to s. 1008.32, Florida

22  Statutes.

23         Section 16.  The Department of Education shall

24  establish a committee of practitioners pursuant to federal

25  requirements of the No Child Left Behind Act of 2001. The

26  committee members shall be appointed by the Commissioner of

27  Education and shall annually report to the Governor, the

28  President of Senate, and the Speaker of the House of

29  Representatives by January 1. The committee shall meet

30  regularly and is authorized to review potential rules and

31  


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    CS for CS for SB 772                          Second Engrossed



 1  policies that will be considered by the State Board of

 2  Education.

 3         Section 17.  Section 1001.451, Florida Statutes, is

 4  amended to read:

 5         1001.451  Regional consortium service

 6  organizations.--In order to provide a full range of programs

 7  to larger numbers of students, minimize duplication of

 8  services, and encourage the development of new programs and

 9  services:

10         (1)  School districts with 20,000 or fewer unweighted

11  full-time equivalent students, developmental research

12  (laboratory) schools established pursuant to s. 1002.32, and

13  the Florida School for the Deaf and the Blind may enter into

14  cooperative agreements to form a regional consortium service

15  organization. Each regional consortium service organization

16  shall provide, at a minimum, three of the following services:

17  exceptional student education; teacher education centers;

18  environmental education; federal grant procurement and

19  coordination; data processing; health insurance; risk

20  management insurance; staff development; purchasing; or

21  planning and accountability.

22         (2)(a)  Each regional consortium service organization

23  that consists of four or more school districts is eligible to

24  receive, through the Department of Education, an incentive

25  grant of $50,000 per school district and eligible member to be

26  used for the delivery of services within the participating

27  school districts. The determination of services and use of

28  such funds shall be established by the board of directors of

29  the regional consortium service organization.

30         (b)  Application for incentive grants shall be made to

31  the Commissioner of Education by July 30 of each year for


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    CS for CS for SB 772                          Second Engrossed



 1  distribution to qualifying regional consortium service

 2  organizations by January 1 of the fiscal year.

 3         (3)  In order to economically provide programs and

 4  services to participating school districts and members, a

 5  regional consortium service organization may establish

 6  purchasing and bidding programs, including construction and

 7  construction management arrangements, in lieu of individual

 8  school district bid arrangements pursuant to policies

 9  exercised by its member districts. Participation in regional

10  consortium service organization bids shall be accomplished by

11  action of an individual district school board through a letter

12  of intent to participate and shall be reflected in official

13  district school board minutes.

14         (4)  A regional consortium service organization board

15  of directors may elect to establish a direct-support

16  organization pursuant to s. 1001.453 which is independent of

17  its fiscal agent district.

18         Section 18.  Section 1003.453, Florida Statutes, is

19  created to read:

20         1003.453  School wellness and physical education

21  policies; nutrition guidelines.--

22         (1)  By September 1, 2006, each school district shall

23  submit to the Department of Education a copy of its school

24  wellness policy as required by the Child Nutrition and WIC

25  Reauthorization Act of 2004 and a copy of its physical

26  education policy required under s. 1003.455. Each school

27  district shall annually review its school wellness policy and

28  physical education policy and provide a procedure for public

29  input and revisions. In addition, each school district shall

30  send an updated copy of its wellness policy and physical

31  


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    CS for CS for SB 772                          Second Engrossed



 1  education policy to the department when a change or revision

 2  is made.

 3         (2)  By December 1, 2006, the department shall post

 4  links to each school district's school wellness policy and

 5  physical education policy on its website so that the policies

 6  can be accessed and reviewed by the public. Each school

 7  district shall provide the most current versions of its school

 8  wellness policy and physical education policy on the

 9  district's website.

10         (3)  By December 1, 2006, the department must provide

11  on its website links to resources that include information

12  regarding:

13         (a)  Classroom instruction on the benefits of exercise

14  and healthful eating.

15         (b)  Classroom instruction on the health hazards of

16  using tobacco and being exposed to tobacco smoke.

17         (c)  The eight components of a coordinated school

18  health program, including health education, physical

19  education, health services, and nutrition services.

20         (d)  The core measures for school health and wellness,

21  such as the School Health Index.

22         (e)  Access for each student to the nutritional content

23  of foods and beverages and to healthful food choices in

24  accordance with the dietary guidelines of the United States

25  Department of Agriculture.

26         (f)  Multiple examples of school wellness policies for

27  school districts.

28         (g)  Examples of wellness classes that provide

29  nutrition education for teachers and school support staff,

30  including encouragement to provide classes that are taught by

31  


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    CS for CS for SB 772                          Second Engrossed



 1  a licensed nutrition professional from the school nutrition

 2  department.

 3         (4)  School districts are encouraged to provide basic

 4  training in first aid, including cardiopulmonary

 5  resuscitation, for all students, beginning in grade 6 and

 6  every 2 years thereafter. Private and public partnerships for

 7  providing training or necessary funding are encouraged.

 8         Section 19.  Section 1003.455, Florida Statutes, is

 9  amended to read:

10         1003.455  Physical education; assessment.--

11         (1)  It is the responsibility of each district school

12  board to develop a physical education program that stresses

13  physical fitness and encourages healthful healthy, active

14  lifestyles and to encourage all students in prekindergarten

15  through grade 12 to participate in physical education.

16  Physical education shall consist of physical activities of at

17  least a moderate intensity level and for a duration sufficient

18  to provide a significant health benefit to students, subject

19  to the differing capabilities of students. All physical

20  education programs and curricula must be reviewed by a

21  certified physical education instructor.

22         (2)  Each district school board shall, no later than

23  December 1, 2004, adopt a written physical education policy

24  that details the school district's physical education program

25  and expected program outcomes. Each district school board

26  shall provide a copy of its written policy to the Department

27  of Education by December 15, 2004.

28         (3)  Each district school board is encouraged to

29  provide 150 minutes of physical education each week for

30  students in kindergarten through grade 5 and 225 minutes each

31  week for students in grades 6 through 8. Any district that


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    CS for CS for SB 772                          Second Engrossed



 1  does not adopt a physical education policy by December 1,

 2  2004, shall, at a minimum, implement a mandatory physical

 3  education program for kindergarten through grade 5 which

 4  provides students with 30 minutes of physical education each

 5  day, 3 days a week.

 6         Section 20.  Subsections (5), (6), and (7) of section

 7  381.0056, Florida Statutes, are amended to read:

 8         381.0056  School health services program.--

 9         (5)(a)  Each county health department shall develop,

10  jointly with the district school board and the local school

11  health advisory committee, a school health services plan; and

12  the plan must shall include, at a minimum, provisions for:

13         1.(a)  Health appraisal;

14         2.(b)  Records review;

15         3.(c)  Nurse assessment;

16         4.(d)  Nutrition assessment;

17         5.(e)  A preventive dental program;

18         6.(f)  Vision screening;

19         7.(g)  Hearing screening;

20         8.(h)  Scoliosis screening;

21         9.(i)  Growth and development screening;

22         10.(j)  Health counseling;

23         11.(k)  Referral and followup of suspected or confirmed

24  health problems by the local county health department;

25         12.(l)  Meeting emergency health needs in each school;

26         13.(m)  County health department personnel to assist

27  school personnel in health education curriculum development;

28         14.(n)  Referral of students to appropriate health

29  treatment, in cooperation with the private health community

30  whenever possible;

31  


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    CS for CS for SB 772                          Second Engrossed



 1         15.(o)  Consultation with a student's parent or

 2  guardian regarding the need for health attention by the family

 3  physician, dentist, or other specialist when definitive

 4  diagnosis or treatment is indicated;

 5         16.(p)  Maintenance of records on incidents of health

 6  problems, corrective measures taken, and such other

 7  information as may be needed to plan and evaluate health

 8  programs; except, however, that provisions in the plan for

 9  maintenance of health records of individual students must be

10  in accordance with s. 1002.22;

11         17.(q)  Health information which will be provided by

12  the school health nurses, when necessary, regarding the

13  placement of students in exceptional student programs and the

14  reevaluation at periodic intervals of students placed in such

15  programs; and

16         18.(r)  Notification to the local nonpublic schools of

17  the school health services program and the opportunity for

18  representatives of the local nonpublic schools to participate

19  in the development of the cooperative health services plan.

20         (b)  Each school health advisory committee must, at a

21  minimum, include members who represent the eight component

22  areas of the Coordinated School Health model as defined by the

23  Centers for Disease Control and Prevention. School health

24  advisory committees are encouraged to address the eight

25  components of the Coordinated School Health model in the

26  school district's school wellness policy pursuant to s.

27  1003.453.

28         (6)  A nonpublic school may request to participate in

29  the school health services program.  A nonpublic school

30  voluntarily participating in the school health services

31  program shall:


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    CS for CS for SB 772                          Second Engrossed



 1         (a)  Cooperate with the county health department and

 2  district school board in the development of the cooperative

 3  health services plan;

 4         (b)  Make available adequate physical facilities for

 5  health services;

 6         (c)  Provide inservice health training to school

 7  personnel;

 8         (d)  Cooperate with public health personnel in the

 9  implementation of the school health services plan;

10         (e)  Be subject to health service program reviews by

11  the Department of Health and the Department of Education; and

12         (f)  At the beginning of each school year, provide

13  parents and guardians with information concerning ways that

14  they can help their children to be physically active and to

15  eat healthful foods; and

16         (g)(f)  At the beginning of each school year, inform

17  parents or guardians in writing that their children who are

18  students in the school will receive specified health services

19  as provided for in the district health services plan.  A

20  student will be exempt from any of these services if his or

21  her parent or guardian requests such exemption in writing.

22  This paragraph shall not be construed to authorize invasive

23  screening; if there is a need for such procedure, the consent

24  of the student's parent or guardian shall be obtained in

25  writing prior to performing the screening.  However, the laws

26  and rules relating to contagious or communicable diseases and

27  sanitary matters shall not be violated.

28         (7)  The district school board shall:

29         (a)  Include health services and health education as

30  part of the comprehensive plan for the school district;

31  


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    CS for CS for SB 772                          Second Engrossed



 1         (b)  Provide inservice health training for school

 2  personnel;

 3         (c)  Make available adequate physical facilities for

 4  health services; and

 5         (d)  At the beginning of each school year, provide

 6  parents and guardians with information concerning ways that

 7  they can help their children to be physically active and to

 8  eat healthful foods; and

 9         (e)(d)  At the beginning of each school year, inform

10  parents or guardians in writing that their children who are

11  students in the district schools will receive specified health

12  services as provided for in the district health services plan.

13  A student will be exempt from any of these services if his or

14  her parent or guardian requests such exemption in writing.

15  This paragraph shall not be construed to authorize invasive

16  screening; if there is a need for such procedure, the consent

17  of the student's parent or guardian shall be obtained in

18  writing prior to performing the screening. However, the laws

19  and rules relating to contagious or communicable diseases and

20  sanitary matters shall not be violated.

21         Section 21.  This act shall take effect July 1, 2006.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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