| 1 | Representative(s) Pickens offered the following: | 
| 2 |      Amendment (with title amendment) | 
| 3 |      Remove everything after the enacting clause and insert: | 
| 4 |      Section 1.  Subsections (3) and (4) of section 20.15,  | 
| 5 | Florida Statutes, are amended to read: | 
| 6 |      20.15  Department of Education.--There is created a  | 
| 7 | Department of Education. | 
| 8 |      (3)  DIVISIONS.--The following divisions of the Department  | 
| 9 | of Education are established: | 
| 10 |      (a)  Division of Community Colleges. | 
| 11 |      (b)  Division of Public Schools. | 
| 12 |      (c)  Division of Workforce Education Colleges and  | 
| 13 | Universities. | 
| 14 |      (d)  Division of Vocational Rehabilitation. | 
| 15 |      (e)  Division of Blind Services. | 
| 16 |      (f)  Division of Accountability, Research, and Measurement. | 
| 17 |      (g)  Division of Finance and Operations. | 
| 18 |      (4)  DIRECTORS.--The directors of all divisions shall be  | 
| 19 | appointed by the commissioner subject to approval by the state  | 
| 20 | board. The director of each division may be designated as  | 
| 21 | "Deputy Commissioner" or "Chancellor." | 
| 22 |      Section 2.  Subsection (2) of section 145.19, Florida  | 
| 23 | Statutes, is amended to read: | 
| 24 |      145.19  Annual percentage increases based on increase for  | 
| 25 | state career service employees; limitation.-- | 
| 26 |      (2)  Each fiscal year, the salaries of all officials listed  | 
| 27 | in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted.  | 
| 28 | The adjusted salary rate shall be the product, rounded to the  | 
| 29 | nearest dollar, of the salary rate granted by the appropriate  | 
| 30 | section of this chapter, s. 1001.395, or s. 1001.47 multiplied  | 
| 31 | first by the initial factor, then by the cumulative annual  | 
| 32 | factor, and finally by the annual factor. The Department of  | 
| 33 | Management Services shall certify the annual factor and the  | 
| 34 | cumulative annual factors. Any special qualification salary  | 
| 35 | received under this chapter, s. 1001.47, or the annual  | 
| 36 | performance salary incentive available to elected  | 
| 37 | superintendents under s. 1001.47 shall be added to such adjusted  | 
| 38 | salary rate. The special qualification salary shall be $2,000,  | 
| 39 | but shall not exceed $2,000. | 
| 40 |      Section 3.  Subsection (1) of section 1001.10, Florida  | 
| 41 | Statutes, is amended to read: | 
| 42 |      1001.10  Commissioner of Education; general powers and  | 
| 43 | duties.--The Commissioner of Education is the chief educational  | 
| 44 | officer of the state and the sole custodian of the K-20 data  | 
| 45 | warehouse, and is responsible for giving full assistance to the  | 
| 46 | State Board of Education in enforcing compliance with the  | 
| 47 | mission and goals of the seamless K-20 education system. To  | 
| 48 | facilitate innovative practices and to allow local selection of  | 
| 49 | educational methods, the State Board of Education may authorize  | 
| 50 | the commissioner to waive, upon the request of a district school  | 
| 51 | board, State Board of Education rules that relate to district  | 
| 52 | school instruction and school operations, except those rules  | 
| 53 | pertaining to civil rights, and student health, safety, and  | 
| 54 | welfare. The Commissioner of Education is not authorized to  | 
| 55 | grant waivers for any provisions in rule pertaining to the  | 
| 56 | allocation and appropriation of state and local funds for public  | 
| 57 | education; the election, compensation, and organization of  | 
| 58 | school board members and superintendents; graduation and state  | 
| 59 | accountability standards; financial reporting requirements;  | 
| 60 | reporting of out-of-field teaching assignments under s. 1012.42;  | 
| 61 | public meetings; public records; or due process hearings  | 
| 62 | governed by chapter 120. No later than January 1 of each year,  | 
| 63 | the commissioner shall report to the Legislature and the State  | 
| 64 | Board of Education all approved waiver requests in the preceding  | 
| 65 | year. Additionally, the commissioner has the following general  | 
| 66 | powers and duties: | 
| 67 |      (1)  To organize and name the structural units of the  | 
| 68 | Department of Education and appoint staff necessary to carry out  | 
| 69 | his or her powers and duties and functions of the department in  | 
| 70 | a manner that meets legislative intent and promotes both  | 
| 71 | efficiency and accountability. | 
| 72 | 
  | 
| 73 | The commissioner's office shall operate all statewide functions  | 
| 74 | necessary to support the State Board of Education and the K-20  | 
| 75 | education system, including strategic planning and budget  | 
| 76 | development, general administration, and assessment and  | 
| 77 | accountability. | 
| 78 |      Section 4.  Section 1001.395, Florida Statutes, is amended  | 
| 79 | to read: | 
| 80 |      1001.395  District school board members;  | 
| 81 | compensation.--Each member of the district school board shall  | 
| 82 | receive a base salary, the amounts indicated in this section,  | 
| 83 | based on the population of the county the district school board  | 
| 84 | member serves. In addition, compensation shall be made for  | 
| 85 | population increments over the minimum for each population  | 
| 86 | group, which shall be determined by multiplying the population  | 
| 87 | in excess of the minimum for the group times the group rate. The  | 
| 88 | product of such calculation shall be added to the base salary to  | 
| 89 | determine the adjusted base salary. The adjusted base salaries  | 
| 90 | of district school board members shall be increased annually as  | 
| 91 | provided for in s. 145.19. | 
| 92 | 
  | 
|   | | Pop. Group | County Pop. Range | Base Salary | Group Rate | 
  | 
| 93 | 
  | 
|   |  | 
| 94 | 
  | 
|   |  | 
| 95 | 
  | 
|   | | II | 10,000 | 49,000 | 5,833 | 0.020830 | 
  | 
| 96 | 
  | 
|   | | III | 50,000 | 99,999 | 6,666 | 0.016680 | 
  | 
| 97 | 
  | 
|   | | IV | 100,000 | 199,999 | 7,500 | 0.008330 | 
  | 
| 98 | 
  | 
|   | | V | 200,000 | 399,999 | 8,333 | 0.004165 | 
  | 
| 99 | 
  | 
|   | | VI | 400,000 | 999,999 | 9,166 | 0.001390 | 
  | 
| 100 | 
  | 
|   | | VII | 1,000,000 | 
  | 10,000 | 0.000000 | 
  | 
| 101 | 
  | 
| 102 | District school board member salaries negotiated on or after  | 
| 103 | November of 2006 shall remain in effect up to the date of the  | 
| 104 | 2007-2008 calculation provided pursuant to s. 145.19. | 
| 105 |      (1)  Each district school board shall annually determine  | 
| 106 | the salary of its members at the first regular meeting following  | 
| 107 | the organizational meeting held pursuant to s. 1001.371. The  | 
| 108 | proposed salary to be adopted shall be noticed at the time of  | 
| 109 | the meeting notice and shall not be increased during the  | 
| 110 | meeting. The salary adopted by the district school board shall  | 
| 111 | be in effect during the succeeding 12 months. | 
| 112 |      (2)  This section shall apply to any district school board  | 
| 113 | member elected or reelected at the November 2002 general  | 
| 114 | election or any subsequent general election and to any person  | 
| 115 | appointed to fill a vacancy in the office of any such member. | 
| 116 |      Section 5.  Subsection (2) of section 1001.47, Florida  | 
| 117 | Statutes, is amended to read: | 
| 118 |      1001.47  District school superintendent; salary.-- | 
| 119 |      (2)  Each elected district school superintendent shall  | 
| 120 | receive a base salary, the amounts indicated in this subsection,  | 
| 121 | based on the population of the county the elected superintendent  | 
| 122 | serves. In addition, compensation shall be made for population  | 
| 123 | increments over the minimum for each population group, which  | 
| 124 | shall be determined by multiplying the population in excess of  | 
| 125 | the minimum for the group times the group rate. The product of  | 
| 126 | such calculation shall be added to the base salary to determine  | 
| 127 | the adjusted base salary. Laws that increase the base salary  | 
| 128 | provided in this subsection shall contain provisions on no other  | 
| 129 | subject. | 
| 130 | 
  | 
|   | | Pop. Group | County Pop. Range | Base Salary | Group Rate | 
  | 
| 131 | 
  | 
|   |  | 
| 132 | 
  | 
|   | | I | -0- | 49,999 | $23,350 $21,250 | $0.07875 | 
  | 
| 133 | 
  | 
|   | | II | 50,000 | 99,999 |  26,500  24,400  |  0.06300 | 
  | 
| 134 | 
  | 
|   | | III | 100,000 | 199,999 |  29,650  27,550 |  0.02625 | 
  | 
| 135 | 
  | 
|   | | IV | 200,000 | 399,999 |  32,275  30,175 |  0.01575 | 
  | 
| 136 | 
  | 
|   | | V | 400,000 | 999,999 |  35,425  33,325 |  0.00525 | 
  | 
| 137 | 
  | 
|   | | VI | 1,000,000 | 
  |  38,575  36,475 |  0.00400 | 
  | 
| 138 | 
  | 
| 139 |      Section 6.  Paragraphs (b), (c), (e), and (f) of subsection  | 
| 140 | (6), paragraph (b) of subsection (7), paragraph (k) of  | 
| 141 | subsection (9), and paragraph (d) of subsection (18) of section  | 
| 142 | 1002.33, Florida Statutes, are amended to read: | 
| 143 |      1002.33  Charter schools.-- | 
| 144 |      (6)  APPLICATION PROCESS AND REVIEW.--Charter school  | 
| 145 | applications are subject to the following requirements: | 
| 146 |      (b)  A sponsor district school board shall receive and  | 
| 147 | review all applications for a charter school. Beginning with the  | 
| 148 | 2007-2008 school year, a sponsor district school board shall  | 
| 149 | receive and consider charter school applications received on or  | 
| 150 | before August 1 of each calendar year for charter schools to be  | 
| 151 | opened at the beginning of the school district's next school  | 
| 152 | year, or to be opened at a time agreed to by the applicant and  | 
| 153 | the sponsor district school board. A sponsor district school  | 
| 154 | board may receive applications later than this date if it  | 
| 155 | chooses. A sponsor may not charge an applicant for a charter any  | 
| 156 | fee for the processing or consideration of an application, and a  | 
| 157 | sponsor may not base its consideration or approval of an  | 
| 158 | application upon the promise of future payment of any kind. | 
| 159 |      1.  In order to facilitate an accurate budget projection  | 
| 160 | process, a sponsor district school board shall be held harmless  | 
| 161 | for FTE students who are not included in the FTE projection due  | 
| 162 | to approval of charter school applications after the FTE  | 
| 163 | projection deadline. In a further effort to facilitate an  | 
| 164 | accurate budget projection, within 15 calendar days after  | 
| 165 | receipt of a charter school application, a district school board  | 
| 166 | or other sponsor shall report to the Department of Education the  | 
| 167 | name of the applicant entity, the proposed charter school  | 
| 168 | location, and its projected FTE. | 
| 169 |      2.  In order to ensure fiscal responsibility, an  | 
| 170 | application for a charter school shall include a full accounting  | 
| 171 | of expected assets, a projection of expected sources and amounts  | 
| 172 | of income, including income derived from projected student  | 
| 173 | enrollments and from community support, and an expense  | 
| 174 | projection that includes full accounting of the costs of  | 
| 175 | operation, including start-up costs. | 
| 176 |      3.  A sponsor district school board shall by a majority  | 
| 177 | vote approve or deny an application no later than 60 calendar  | 
| 178 | days after the application is received, unless the sponsor  | 
| 179 | district school board and the applicant mutually agree in  | 
| 180 | writing to temporarily postpone the vote to a specific date, at  | 
| 181 | which time the sponsor district school board shall by a majority  | 
| 182 | vote approve or deny the application. If the sponsor district  | 
| 183 | school board fails to act on the application, an applicant may  | 
| 184 | appeal to the State Board of Education as provided in paragraph  | 
| 185 | (c). If an application is denied, the sponsor district school  | 
| 186 | board shall, within 10 calendar days, articulate in writing the  | 
| 187 | specific reasons, based upon good cause, supporting for its  | 
| 188 | denial of the charter application and shall provide the letter  | 
| 189 | of denial and supporting documentation to the applicant and to  | 
| 190 | the Department of Education supporting those reasons. | 
| 191 |      4.  For budget projection purposes, the district school  | 
| 192 | board or other sponsor shall report to the Department of  | 
| 193 | Education the approval or denial of a charter application within  | 
| 194 | 10 calendar days after such approval or denial. In the event of  | 
| 195 | approval, the report to the Department of Education shall  | 
| 196 | include the final projected FTE for the approved charter school. | 
| 197 |      5.  Upon approval of a charter application, the initial  | 
| 198 | startup shall commence with the beginning of the public school  | 
| 199 | calendar for the district in which the charter is granted unless  | 
| 200 | the sponsor allows a waiver of this provision for good cause. | 
| 201 |      (c)  An applicant may appeal any denial of that applicant's  | 
| 202 | application or failure to act on an application to the State  | 
| 203 | Board of Education no later than 30 calendar days after receipt  | 
| 204 | of the sponsor's district school board's decision or failure to  | 
| 205 | act and shall notify the sponsor district school board of its  | 
| 206 | appeal. Any response of the sponsor district school board shall  | 
| 207 | be submitted to the State Board of Education within 30 calendar  | 
| 208 | days after notification of the appeal. Upon receipt of  | 
| 209 | notification from the State Board of Education that a charter  | 
| 210 | school applicant is filing an appeal, the Commissioner of  | 
| 211 | Education shall convene a meeting of the Charter School Appeal  | 
| 212 | Commission to study and make recommendations to the State Board  | 
| 213 | of Education regarding its pending decision about the appeal.  | 
| 214 | The commission shall forward its recommendation to the state  | 
| 215 | board no later than 7 calendar days prior to the date on which  | 
| 216 | the appeal is to be heard. The State Board of Education shall by  | 
| 217 | majority vote accept or reject the decision of the sponsor  | 
| 218 | district school board no later than 90 calendar days after an  | 
| 219 | appeal is filed in accordance with State Board of Education  | 
| 220 | rule. The Charter School Appeal Commission may reject an appeal  | 
| 221 | submission for failure to comply with procedural rules governing  | 
| 222 | the appeals process. The rejection shall describe the submission  | 
| 223 | errors. The appellant may have up to 15 calendar days from  | 
| 224 | notice of rejection to resubmit an appeal that meets  | 
| 225 | requirements of State Board of Education rule. An application  | 
| 226 | for appeal submitted subsequent to such rejection shall be  | 
| 227 | considered timely if the original appeal was filed within 30  | 
| 228 | calendar days after receipt of notice of the specific reasons  | 
| 229 | for the sponsor's district school board's denial of the charter  | 
| 230 | application. The State Board of Education shall remand the  | 
| 231 | application to the sponsor district school board with its  | 
| 232 | written decision that the sponsor district school board approve  | 
| 233 | or deny the application. The sponsor district school board shall  | 
| 234 | implement the decision of the State Board of Education. The  | 
| 235 | decision of the State Board of Education is not subject to the  | 
| 236 | provisions of the Administrative Procedure Act, chapter 120. | 
| 237 |      (e)  The sponsor district school board shall act upon the  | 
| 238 | decision of the State Board of Education within 30 calendar days  | 
| 239 | after it is received. The State Board of Education's decision is  | 
| 240 | a final action subject to judicial review in the district court  | 
| 241 | of appeal. | 
| 242 |      (f)1.  A Charter School Appeal Commission is established to  | 
| 243 | assist the commissioner and the State Board of Education with a  | 
| 244 | fair and impartial review of appeals by applicants whose charter  | 
| 245 | applications have been denied, whose charter contracts have not  | 
| 246 | been renewed, or whose charter contracts have been terminated by  | 
| 247 | their sponsors. | 
| 248 |      2.  The Charter School Appeal Commission may receive copies  | 
| 249 | of the appeal documents forwarded to the State Board of  | 
| 250 | Education, review the documents, gather other applicable  | 
| 251 | information regarding the appeal, and make a written  | 
| 252 | recommendation to the commissioner. The recommendation must  | 
| 253 | state whether the appeal should be upheld or denied and include  | 
| 254 | the reasons for the recommendation being offered. The  | 
| 255 | commissioner shall forward the recommendation to the State Board  | 
| 256 | of Education no later than 7 calendar days prior to the date on  | 
| 257 | which the appeal is to be heard. The state board must consider  | 
| 258 | the commission's recommendation in making its decision, but is  | 
| 259 | not bound by the recommendation. The decision of the Charter  | 
| 260 | School Appeal Commission is not subject to the provisions of the  | 
| 261 | Administrative Procedure Act, chapter 120. | 
| 262 |      3.  The commissioner shall appoint the members of the  | 
| 263 | Charter School Appeal Commission. Members shall serve without  | 
| 264 | compensation but may be reimbursed for travel and per diem  | 
| 265 | expenses in conjunction with their service. One-half of the  | 
| 266 | members must represent currently operating charter schools, and  | 
| 267 | one-half of the members must represent sponsors school  | 
| 268 | districts. The commissioner or a named designee shall chair the  | 
| 269 | Charter School Appeal Commission. | 
| 270 |      4.  The chair shall convene meetings of the commission and  | 
| 271 | shall ensure that the written recommendations are completed and  | 
| 272 | forwarded in a timely manner. In cases where the commission  | 
| 273 | cannot reach a decision, the chair shall make the written  | 
| 274 | recommendation with justification, noting that the decision was  | 
| 275 | rendered by the chair. | 
| 276 |      5.  Commission members shall thoroughly review the  | 
| 277 | materials presented to them from the appellant and the sponsor.  | 
| 278 | The commission may request information to clarify the  | 
| 279 | documentation presented to it. In the course of its review, the  | 
| 280 | commission may facilitate the postponement of an appeal in those  | 
| 281 | cases where additional time and communication may negate the  | 
| 282 | need for a formal appeal and both parties agree, in writing, to  | 
| 283 | postpone the appeal to the State Board of Education. A new date  | 
| 284 | certain for the appeal shall then be set based upon the rules  | 
| 285 | and procedures of the State Board of Education. Commission  | 
| 286 | members shall provide a written recommendation to the state  | 
| 287 | board as to whether the appeal should be upheld or denied. A  | 
| 288 | fact-based justification for the recommendation must be  | 
| 289 | included. The chair must ensure that the written recommendation  | 
| 290 | is submitted to the State Board of Education members no later  | 
| 291 | than 7 calendar days prior to the date on which the appeal is to  | 
| 292 | be heard. Both parties in the case shall also be provided a copy  | 
| 293 | of the recommendation. | 
| 294 |      (7)  CHARTER.--The major issues involving the operation of  | 
| 295 | a charter school shall be considered in advance and written into  | 
| 296 | the charter. The charter shall be signed by the governing body  | 
| 297 | of the charter school and the sponsor, following a public  | 
| 298 | hearing to ensure community input. | 
| 299 |      (b)1.  A charter may be renewed provided that a program  | 
| 300 | review demonstrates that the criteria in paragraph (a) have been  | 
| 301 | successfully accomplished and that none of the grounds for  | 
| 302 | nonrenewal established by paragraph (8)(a) has been documented.  | 
| 303 | In order to facilitate long-term financing for charter school  | 
| 304 | construction, charter schools operating for a minimum of 3 2  | 
| 305 | years and demonstrating exemplary academic programming and  | 
| 306 | fiscal management are eligible for a 15-year charter renewal.  | 
| 307 | Such long-term charter is subject to annual review and may be  | 
| 308 | terminated during the term of the charter. | 
| 309 |      2.  The 15-year charter renewal that may be granted  | 
| 310 | pursuant to subparagraph 1. shall be granted to a charter school  | 
| 311 | that has received a school grade of "A" or "B" pursuant to s.  | 
| 312 | 1008.34 in 3 of the past 4 years and is not in a state of  | 
| 313 | financial emergency or deficit position as defined by this  | 
| 314 | section. Such long-term charter is subject to annual review and  | 
| 315 | may be terminated during the term of the charter pursuant to  | 
| 316 | subsection (8). | 
| 317 |      (9)  CHARTER SCHOOL REQUIREMENTS.-- | 
| 318 |      (k)  The governing body of the charter school shall be  | 
| 319 | responsible for: | 
| 320 |      1.  Ensuring that the charter school has retained the  | 
| 321 | services of a certified public accountant or auditor for the  | 
| 322 | annual financial audit, pursuant to paragraph (g), who shall  | 
| 323 | submit the report to the governing body. | 
| 324 |      2.  Reviewing and approving the audit report, including  | 
| 325 | audit findings and recommendations for the financial recovery  | 
| 326 | plan. | 
| 327 |      3.  Monitoring a financial recovery plan in order to ensure  | 
| 328 | compliance. | 
| 329 |      4.  Participating in governance training approved by the  | 
| 330 | department that must include government in the sunshine,  | 
| 331 | conflicts of interest, ethics, and financial responsibility. | 
| 332 |      (18)  FACILITIES.-- | 
| 333 |      (d)  Charter school facilities are exempt from assessments  | 
| 334 | of fees for building permits, except as provided in s. 553.80,  | 
| 335 | fees for building and occupational licenses, and impact fees, or  | 
| 336 | service availability fees, and assessments for special benefits. | 
| 337 |      Section 7.  Subsections (2) and (4) of section 1003.428,  | 
| 338 | Florida Statutes, are amended to read: | 
| 339 |      1003.428  General Requirements for high school graduation;  | 
| 340 | revised.-- | 
| 341 |      (2)  The 24 credits may be earned through applied,  | 
| 342 | integrated, and combined courses approved by the Department of  | 
| 343 | Education and shall be distributed as follows: | 
| 344 |      (a)  Sixteen core curriculum credits: | 
| 345 |      1.  Four credits in English, with major concentration in  | 
| 346 | composition, reading for information, and literature. | 
| 347 |      2.  Four credits in mathematics, one of which must be  | 
| 348 | Algebra I, a series of courses equivalent to Algebra I, or a  | 
| 349 | higher-level mathematics course. School districts are encouraged  | 
| 350 | to set specific goals to increase enrollments in, and successful  | 
| 351 | completion of, geometry and Algebra II. | 
| 352 |      3.  Three credits in science, two of which must have a  | 
| 353 | laboratory component. | 
| 354 |      4.  Three credits in social studies as follows: one credit  | 
| 355 | in American history; one credit in world history; one-half  | 
| 356 | credit in economics; and one-half credit in American government. | 
| 357 |      5.  One credit in fine or performing arts, which may  | 
| 358 | include speech and debate. | 
| 359 |      6.  One credit in physical education to include integration  | 
| 360 | of health. Participation in an interscholastic sport at the  | 
| 361 | junior varsity or varsity level for two full seasons shall  | 
| 362 | satisfy the one-credit requirement in physical education if the  | 
| 363 | student passes a competency test on personal fitness with a  | 
| 364 | score of "C" or better. The competency test on personal fitness  | 
| 365 | must be developed by the Department of Education. A district  | 
| 366 | school board may not require that the one credit in physical  | 
| 367 | education be taken during the 9th grade year. Completion of one  | 
| 368 | semester with a grade of "C" or better in a marching band class,  | 
| 369 | in a physical activity class that requires participation in  | 
| 370 | marching band activities as an extracurricular activity, or in a  | 
| 371 | dance class shall satisfy one-half credit in physical education  | 
| 372 | or one-half credit in performing arts. This credit may not be  | 
| 373 | used to satisfy the personal fitness requirement or the  | 
| 374 | requirement for adaptive physical education under an individual  | 
| 375 | education plan (IEP) or 504 plan. Completion of 2 years in a  | 
| 376 | Reserve Officer Training Corps (R.O.T.C.) class, a significant  | 
| 377 | component of which is drills, shall satisfy the one-credit  | 
| 378 | requirement in physical education and the one-credit requirement  | 
| 379 | in performing arts. This credit may not be used to satisfy the  | 
| 380 | personal fitness requirement or the requirement for adaptive  | 
| 381 | physical education under an individual education plan (IEP) or  | 
| 382 | 504 plan. | 
| 383 |      (b)  Eight credits in majors, minors, or electives: | 
| 384 |      1.  Four credits in a major area of interest, such as  | 
| 385 | sequential courses in a career and technical program, fine and  | 
| 386 | performing arts, or academic content area, selected by the  | 
| 387 | student as part of the education plan required by s. 1003.4156.  | 
| 388 | Students may revise major areas of interest each year as part of  | 
| 389 | annual course registration processes and should update their  | 
| 390 | education plan to reflect such revisions. Annually by October 1,  | 
| 391 | the district school board shall approve major areas of interest  | 
| 392 | and submit the list of majors to the Commissioner of Education  | 
| 393 | for approval. Each major area of interest shall be deemed  | 
| 394 | approved unless specifically rejected by the commissioner within  | 
| 395 | 60 days. Upon approval, each district's major areas of interest  | 
| 396 | shall be available for use by all school districts and shall be  | 
| 397 | posted on the department's website. | 
| 398 |      2.  Four credits in elective courses selected by the  | 
| 399 | student as part of the education plan required by s. 1003.4156.  | 
| 400 | These credits may be combined to allow for a second major area  | 
| 401 | of interest pursuant to subparagraph 1., a minor area of  | 
| 402 | interest, elective courses, or intensive reading or mathematics  | 
| 403 | intervention courses, or credit recovery courses as described in  | 
| 404 | this subparagraph. | 
| 405 |      a.  Minor areas of interest are composed of three credits  | 
| 406 | selected by the student as part of the education plan required  | 
| 407 | by s. 1003.4156 and approved by the district school board. | 
| 408 |      b.  Elective courses are selected by the student in order  | 
| 409 | to pursue a complete education program as described in s.  | 
| 410 | 1001.41(3) and to meet eligibility requirements for  | 
| 411 | scholarships. | 
| 412 |      c.  For each year in which a student scores at Level l on  | 
| 413 | FCAT Reading, the student must be enrolled in and complete an  | 
| 414 | intensive reading course the following year. Placement of Level  | 
| 415 | 2 readers in either an intensive reading course or a content  | 
| 416 | area course in which reading strategies are delivered shall be  | 
| 417 | determined by diagnosis of reading needs. The department shall  | 
| 418 | provide guidance on appropriate strategies for diagnosing and  | 
| 419 | meeting the varying instructional needs of students reading  | 
| 420 | below grade level. Reading courses shall be designed and offered  | 
| 421 | pursuant to the comprehensive reading plan required by s.  | 
| 422 | 1011.62(8). | 
| 423 |      d.  For each year in which a student scores at Level 1 or  | 
| 424 | Level 2 on FCAT Mathematics, the student must receive  | 
| 425 | remediation the following year. These courses may be taught  | 
| 426 | through applied, integrated, or combined courses and are subject  | 
| 427 | to approval by the department for inclusion in the Course Code  | 
| 428 | Directory. | 
| 429 |      e.  Credit recovery courses shall be offered so that  | 
| 430 | students can simultaneously earn an elective credit and the  | 
| 431 | recovered credit. | 
| 432 |      (4)  Each district school board shall establish standards  | 
| 433 | for graduation from its schools, which must include: | 
| 434 |      (a)  Successful completion of the academic credit or  | 
| 435 | curriculum requirements of subsections (1) and (2). | 
| 436 |      (b)  Earning passing scores on the FCAT, as defined in s.  | 
| 437 | 1008.22(3)(c), or scores on a standardized test that are  | 
| 438 | concordant with passing scores on the FCAT as defined in s.  | 
| 439 | 1008.22(9). | 
| 440 |      (c)  Completion of all other applicable requirements  | 
| 441 | prescribed by the district school board pursuant to s. 1008.25. | 
| 442 |      (d)  Achievement of a cumulative grade point average of 2.0  | 
| 443 | on a 4.0 scale, or its equivalent, in the courses required by  | 
| 444 | this section. | 
| 445 | 
  | 
| 446 | Each district school board shall adopt policies designed to  | 
| 447 | assist students in meeting the requirements of this subsection.  | 
| 448 | These policies may include, but are not limited to: forgiveness  | 
| 449 | policies, summer school or before or after school attendance,  | 
| 450 | special counseling, volunteers or peer tutors, school-sponsored  | 
| 451 | help sessions, homework hotlines, and study skills classes.  | 
| 452 | Forgiveness policies for required courses shall be limited to  | 
| 453 | replacing a grade of "D" or "F," or the equivalent of a grade of  | 
| 454 | "D" or "F," with a grade of "C" or higher, or the equivalent of  | 
| 455 | a grade of "C" or higher, earned subsequently in the same or  | 
| 456 | comparable course. Forgiveness policies for elective courses  | 
| 457 | shall be limited to replacing a grade of "D" or "F," or the  | 
| 458 | equivalent of a grade of "D" or "F," with a grade of "C" or  | 
| 459 | higher, or the equivalent of a grade of "C" or higher, earned  | 
| 460 | subsequently in another course. The only exception to these  | 
| 461 | forgiveness policies shall be made for a student in the middle  | 
| 462 | grades who takes any high school course for high school credit  | 
| 463 | and earns a grade of "C," "D," or "F" or the equivalent of a  | 
| 464 | grade of "C," "D," or "F." In such case, the district  | 
| 465 | forgiveness policy must allow the replacement of the grade with  | 
| 466 | a grade of "C" or higher, or the equivalent of a grade of "C" or  | 
| 467 | higher, earned subsequently in the same or comparable course. In  | 
| 468 | all cases of grade forgiveness, only the new grade shall be used  | 
| 469 | in the calculation of the student's grade point average. Any  | 
| 470 | course grade not replaced according to a district school board  | 
| 471 | forgiveness policy shall be included in the calculation of the  | 
| 472 | cumulative grade point average required for graduation. | 
| 473 |      Section 8.  Paragraph (e) of subsection (2) of section  | 
| 474 | 1003.51, Florida Statutes, is amended to read: | 
| 475 |      1003.51  Other public educational services.-- | 
| 476 |      (2)  The State Board of Education shall adopt and maintain  | 
| 477 | an administrative rule articulating expectations for effective  | 
| 478 | education programs for youth in Department of Juvenile Justice  | 
| 479 | programs, including, but not limited to, education programs in  | 
| 480 | juvenile justice commitment and detention facilities. The rule  | 
| 481 | shall articulate policies and standards for education programs  | 
| 482 | for youth in Department of Juvenile Justice programs and shall  | 
| 483 | include the following: | 
| 484 |      (e)  Assessment procedures, which: | 
| 485 |      1.  Include appropriate academic and career assessments  | 
| 486 | administered at program entry and exit that are selected by the  | 
| 487 | Department of Education in partnership with representatives from  | 
| 488 | the Department of Juvenile Justice, district school boards, and  | 
| 489 | providers. | 
| 490 |      2.  Require district school boards to be responsible for  | 
| 491 | ensuring the completion of the assessment process. | 
| 492 |      3.  Require assessments for students in detention who will  | 
| 493 | move on to commitment facilities, to be designed to create the  | 
| 494 | foundation for developing the student's education program in the  | 
| 495 | assigned commitment facility. | 
| 496 |      4.  Require assessments of students sent directly to  | 
| 497 | commitment facilities to be completed within the first 10 school  | 
| 498 | days week of the student's commitment. | 
| 499 | 
  | 
| 500 | The results of these assessments, together with a portfolio  | 
| 501 | depicting the student's academic and career accomplishments,  | 
| 502 | shall be included in the discharge package assembled for each  | 
| 503 | youth. | 
| 504 |      Section 9.  Subsection (7) of section 1003.62, Florida  | 
| 505 | Statutes, is amended to read: | 
| 506 |      1003.62  Academic performance-based charter school  | 
| 507 | districts.--The State Board of Education may enter into a  | 
| 508 | performance contract with district school boards as authorized  | 
| 509 | in this section for the purpose of establishing them as academic  | 
| 510 | performance-based charter school districts. The purpose of this  | 
| 511 | section is to examine a new relationship between the State Board  | 
| 512 | of Education and district school boards that will produce  | 
| 513 | significant improvements in student achievement, while complying  | 
| 514 | with constitutional and statutory requirements assigned to each  | 
| 515 | entity. | 
| 516 |      (7)  PILOT PROGRAM CHARTER SCHOOL DISTRICTS; GRANDFATHER  | 
| 517 | PROVISION.--The State Board of Education shall use the criteria  | 
| 518 | approved in the initial charter applications issued to the  | 
| 519 | school districts of Volusia, Hillsborough, Orange, and Palm  | 
| 520 | Beach Counties to renew those pilot program charter school  | 
| 521 | districts in accordance with this subsection. No additional  | 
| 522 | pilot program charter school districts shall be approved, and  | 
| 523 | the pilot program consists solely of school districts in  | 
| 524 | Volusia, Hillsborough, Orange, and Palm Beach Counties. The  | 
| 525 | termination of the charter school districts pilot program is  | 
| 526 | effective July 1, 2010. July 1, 2007, or upon the end of a 5- | 
| 527 | year renewal contract issued by the State Board of Education to  | 
| 528 | the Volusia County, Hillsborough County, Orange County, or Palm  | 
| 529 | Beach County school district prior to July 1, 2003, whichever is  | 
| 530 | later. | 
| 531 |      Section 10.  This act shall take effect upon becoming a law  | 
| 532 | except that the amendment to s. 1002.33(18)(d), Florida  | 
| 533 | Statutes, by this act, shall apply retroactively to July 1,  | 
| 534 | 1996. | 
| 535 | 
  | 
| 536 | ======= T I T L E  A M E N D M E N T ========== | 
| 537 |      Remove the entire title and insert: | 
| 538 | A bill to be entitled | 
| 539 | An act relating to education; amending s. 20.15, F.S.;  | 
| 540 | revising the divisions of the Department of Education to  | 
| 541 | replace the Division of Colleges and Universities with the  | 
| 542 | Division of Workforce Education and to include the  | 
| 543 | Division of Finance and Operations; providing name  | 
| 544 | designations for the director of each division; amending  | 
| 545 | s. 145.19, F.S., relating to salary increases based on  | 
| 546 | increase for state career service employees, to include  | 
| 547 | district school board member salaries; amending s.  | 
| 548 | 1001.10, F.S., relating to the Commissioner of Education's  | 
| 549 | powers and duties, to include organizing and naming the  | 
| 550 | structural units of the Department of Education and  | 
| 551 | appointing staff to carry out department functions;  | 
| 552 | amending s. 1001.395, F.S.; revising the manner in which  | 
| 553 | compensation of district school board members is  | 
| 554 | determined; specifying base salary amounts; amending s.  | 
| 555 | 1001.47, F.S.; revising provisions relating to base  | 
| 556 | salaries of district school superintendents; amending s.  | 
| 557 | 1002.33, F.S., relating to charter schools; updating  | 
| 558 | terminology; clarifying the standard for review of charter  | 
| 559 | school applications; clarifying charter renewal  | 
| 560 | provisions; requiring the governing body to participate in  | 
| 561 | certain governance training; clarifying charter school  | 
| 562 | facility fee exemptions; amending s. 1003.428, F.S.;  | 
| 563 | revising provisions governing credit requirements for high  | 
| 564 | school graduation; removing language relating to credit  | 
| 565 | recovery courses; requiring policies to assist students in  | 
| 566 | meeting high school graduation requirements; providing  | 
| 567 | guidelines for district school board grade forgiveness  | 
| 568 | policies; amending s. 1003.51, F.S.; providing additional  | 
| 569 | time for initial educational assessments of youths  | 
| 570 | assigned to Department of Juvenile Justice education  | 
| 571 | programs; amending s. 1003.62, F.S.; postponing  | 
| 572 | termination of a charter school district pilot program in  | 
| 573 | certain counties; providing for retroactive application;  | 
| 574 | providing an effective date. |