Senate Bill sb2598c1

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    Florida Senate - 2007                           CS for SB 2598

    By the Committee on Education Pre-K - 12 Appropriations; and
    Senator Wise




    602-2680-07

  1                      A bill to be entitled

  2         An act relating to the Governor's School for

  3         Science and Technology; creating s. 1002.371,

  4         F.S.; establishing the school within the

  5         Florida K-20 public education system and the

  6         Department of Education; providing for the

  7         Governor's School for Science and Technology to

  8         offer intensive instruction for students in

  9         grades 9 through 12 and summer programs for

10         teachers; providing for the school to be

11         located in Brevard County; providing for a

12         board of trustees to be appointed by the

13         Governor and subject to confirmation by the

14         Senate; providing for terms of office;

15         providing for members of the board of trustees

16         to be reimbursed for travel expenses;

17         authorizing the board of trustees to adopt

18         rules, subject to approval by the State Board

19         of Education; providing powers and duties of

20         the board of trustees; requiring the board of

21         trustees to submit a progress report; providing

22         requirements for legislative budget requests;

23         providing for funding the Governor's School for

24         Science and Technology in the General

25         Appropriations Act; requiring that students

26         enrolled in the school be recorded as enrolled

27         in their home school district for purposes of

28         funding; amending ss. 1000.04, 1002.20, and

29         1003.02, F.S., relating to the components for

30         the delivery of public education, the rights of

31         students and parents concerning public school

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    Florida Senate - 2007                           CS for SB 2598
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 1         choice, and parental notice of acceleration

 2         mechanisms by district school boards;

 3         conforming provisions to changes made by the

 4         act; providing an effective date.

 5  

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

 7  

 8         Section 1.  Section 1002.371, Florida Statutes, is

 9  created to read:

10         1002.371  Governor's School for Science and

11  Technology.--The Governor's School for Science and Technology

12  is established within the Florida K-20 public education system

13  and shall be administratively housed within the Department of

14  Education.

15         (1)  The mission of the Governor's School for Science

16  and Technology is to provide advanced educational

17  opportunities in the areas of science, mathematics,

18  engineering, and technology in a residential setting with

19  highly qualified scientists and instructors organized and

20  provided in short periods of intensive specialized real-life

21  learning experiences for highly motivated and talented

22  students in grades 9 through 12.

23         (2)  The school shall be located in Brevard County and

24  be situated where a formal partnership between the school and

25  the Kennedy Space Center may readily be established and

26  maintained to provide real-life learning experiences for

27  students. The attendance area for the school is the entire

28  state; however, admission to the school is a privilege

29  reserved for those qualified students who are selected through

30  a statewide application and qualification system and is not a

31  right afforded to the general population of students in this

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    Florida Senate - 2007                           CS for SB 2598
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 1  state. Students enrolled in the school must reside on the

 2  school's premises and be under the control of the school.

 3         (3)  The board of trustees created in subsection (5)

 4  shall take such actions as are necessary for planning and

 5  establishing the Governor's School for Science and Technology

 6  as provided in this section. The board shall submit a progress

 7  report to the Commissioner of Education, the Governor, the

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

 9  Representatives by January 1, 2008, which must include a

10  timeline for future actions to be completed and a summary of

11  the legislative budget request for the 2008-2009 fiscal year.

12         (4)  It is the intent of the Legislature that existing

13  facilities be used for the school and that by the 2009-2010

14  school year the school begin offering:

15         (a)  Advanced learning opportunities in the areas of

16  mathematics, science, engineering, and technology to qualified

17  students; and

18         (b)  Summer programs for elementary, middle, and high

19  school teachers.

20         (5)(a)  A board of trustees is created for the

21  Governor's School for Science and Technology which shall

22  consist of seven members. The trustees shall be appointed by

23  the Governor and are subject to confirmation by the Senate.

24  Trustees shall be appointed to 4-year terms, except that the

25  initial terms shall be staggered so that three members are

26  appointed to 4-year terms, two members are appointed to 3-year

27  terms, and two members are appointed to 2-year terms. The

28  Governor may remove any member for cause and shall fill all

29  vacancies that occur.

30         (b)  The board of trustees shall elect a chair

31  annually. The trustees are entitled to reimbursement for

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    Florida Senate - 2007                           CS for SB 2598
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 1  travel expenses as provided in s. 112.061, the accounts of

 2  which shall be paid by the Chief Financial Officer upon

 3  itemized vouchers duly approved by the chair.

 4         (c)  The board of trustees may adopt rules pursuant to

 5  ss. 120.536(1) and 120.54 to implement provisions of law

 6  relating to operation of the Governor's School for Science and

 7  Technology. Such rules shall be submitted to the State Board

 8  of Education for approval or disapproval. After a rule is

 9  approved by the State Board of Education, the rule shall be

10  filed immediately with the Department of State. The board of

11  trustees shall act at all times in conjunction with the rules

12  of the State Board of Education.

13         (d)  The board of trustees is a body corporate and

14  shall have a corporate seal. Unless otherwise provided by law,

15  all actions of the board of trustees shall be consistent with

16  all laws and rules applicable to state agencies. Title to any

17  gift, donation, or bequest received by the board of trustees

18  pursuant to subparagraph (e)11. shall vest in the board of

19  trustees. Title to all other property and other assets of the

20  Governor's School for Science and Technology shall vest in the

21  State Board of Education, but the board of trustees shall have

22  complete jurisdiction over the management of the school.

23         (e)  The board of trustees has full power and authority

24  to:

25         1.  Appoint or remove a director, faculty, teachers,

26  and other employees according to its best judgment and fix

27  their compensation.

28         2.  Procure professional services such as architectural

29  and engineering services.

30         3.  Procure legal services without the prior written

31  approval of the Attorney General.

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    Florida Senate - 2007                           CS for SB 2598
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 1         4.  Determine eligibility of students and procedure for

 2  admission, including, but not limited to:

 3         a.  The requirements that an individual must meet in

 4  order to be qualified for admission to the Governor's School

 5  for Science and Technology and the standards by which

 6  applicants will be selected for admission to the school.

 7  Priority must be given to individuals who excel or demonstrate

 8  interest in the areas of mathematics, science, engineering, or

 9  technology. The requirements and standards may include, but

10  need not be limited to, scores on tests or favorable

11  recommendations from teachers or other school officials.

12         b.  The number of students that may be enrolled at the

13  school based on the resources that are available.

14         c.  The procedures by which an individual may apply for

15  admission to the school or appeal a decision concerning an

16  application to attend the school.

17         5.  Provide necessary housing, food, and transportation

18  for students while attending the school and the cost of

19  transportation from their home to the school and return.

20         6.  Provide for the proper keeping of accounts and

21  records and for budgeting of funds.

22         7.  Enter into contracts.

23         8.  Sue and be sued.

24         9.  Secure public liability insurance.

25         10.  Do and perform every other matter or thing

26  requisite to the proper management, maintenance, support, and

27  control of the school at the highest efficiency economically

28  possible, taking into consideration the purposes of the

29  school.

30         11.  Receive gifts, donations, and bequests of money or

31  property, real or personal, tangible or intangible, from any

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    Florida Senate - 2007                           CS for SB 2598
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 1  person, firm, corporation, or other legal entity. However, the

 2  board of trustees may not obligate the state to any

 3  expenditure or policy that is not specifically authorized by

 4  law. If the bill of sale, will, trust indenture, deed, or

 5  other legal conveyance specifies terms and conditions

 6  concerning the use of such money or property, the board of

 7  trustees shall observe such terms and conditions.

 8         12.  Sell or convey by bill of sale, deed, or other

 9  legal instrument any property, real or personal, received as a

10  gift, donation, or bequest, upon such terms and conditions as

11  the board of trustees considers to be in the best interest of

12  the school and its students.

13         13.  Invest such moneys in securities enumerated under

14  s. 215.47(1), (2)(c), (3), (4), and (9), and in The Common

15  Fund, an Investment Management Fund exclusively for nonprofit

16  educational institutions.

17         (f)  The board of trustees shall:

18         1.  Annually prepare and submit a legislative budget

19  request for the Governor's School for Science and Technology.

20  The legislative budget request shall be prepared using the

21  same format, procedures, and timelines required for the

22  submission of the legislative budget of the Department of

23  Education. The legislative budget request shall be submitted

24  to the department for review and approval. Subsequent to the

25  department's approval, the commissioner shall include the

26  Governor's School for Science and Technology in the

27  department's legislative budget request to the State Board of

28  Education, the Governor, and the Legislature. The legislative

29  budget request and the appropriation for the Governor's School

30  for Science and Technology shall be a separate identifiable

31  sum in the public schools budget entity of the Department of

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    Florida Senate - 2007                           CS for SB 2598
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 1  Education. The annual appropriation for the school shall be

 2  distributed monthly in payments as nearly equal as possible.

 3         2.  Approve and administer an annual operating budget.

 4         3.  Require all funds received other than gifts,

 5  donations, bequests, funds raised by or belonging to student

 6  clubs or student organizations, and funds held for specific

 7  students or in accounts for individual students to be

 8  deposited in the State Treasury and expended as authorized in

 9  the General Appropriations Act.

10         4.  Require all purchases to be in accordance with the

11  provisions of chapter 287, except for purchases made with

12  funds received as gifts, donations, or bequests; funds raised

13  by or belonging to student clubs or student organizations; or

14  funds held for specific students or in accounts for individual

15  students.

16         5.  Administer and maintain personnel programs for all

17  employees of the board of trustees and the Governor's School

18  for Science and Technology who shall be state employees,

19  including the personnel classification and pay plan

20  established in accordance with ss. 110.205(2)(d) and

21  216.251(2)(a)2. for academic and academic administrative

22  personnel, the provisions of chapter 110, and the provisions

23  of law that grant authority to the Department of Management

24  Services over such programs for state employees.

25         6.  Give preference in appointment and retention in

26  positions of employment as provided within s. 295.07(1).

27         7.  Ensure that the Governor's School for Science and

28  Technology complies with s. 1013.351 concerning the

29  coordination of planning between the school and local

30  governing bodies.

31  

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    Florida Senate - 2007                           CS for SB 2598
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 1         (6)  If the Board of Trustees for the Governor's School

 2  for Science and Technology determines that a specific

 3  requirement of the School Code prohibits the implementation of

 4  an innovative instructional practice by the Governor's School

 5  for Science and Technology, the school shall provide a report

 6  to the Legislature explaining the desired practice and the

 7  statute that prohibits its implementation.

 8         (7)  Funding for instruction, room, board, and

 9  transportation of students and for the operation of the

10  Governor's School for Science and Technology shall be as

11  authorized in the General Appropriations Act. Other funding

12  for the Governor's School for Science and Technology may be

13  provided from:

14         (a)  Appropriations from the Legislature or a state

15  agency; and

16         (b)  Contributions or endowments from private entities.

17         (8)  Students who are approved for attendance at the

18  Governor's School for Science and Technology shall continue to

19  be recorded as enrolled and in attendance for the purpose of

20  funding in their home school district for the period of time

21  the student is away attending the Governor's School for

22  Science and Technology.

23         Section 2.  Subsection (5) is added to section 1000.04,

24  Florida Statutes, to read:

25         1000.04  Components for the delivery of public

26  education within the Florida K-20 education system.--Florida's

27  K-20 education system provides for the delivery of public

28  education through publicly supported and controlled K-12

29  schools, community colleges, state universities and other

30  postsecondary educational institutions, other educational

31  

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    Florida Senate - 2007                           CS for SB 2598
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 1  institutions, and other educational services as provided or

 2  authorized by the Constitution and laws of the state.

 3         (5)  THE GOVERNOR'S SCHOOL FOR SCIENCE AND

 4  TECHNOLOGY.--The Governor's School for Science and Technology

 5  is a component of the delivery of public education within

 6  Florida's K-20 education system.

 7         Section 3.  Paragraph (a) of subsection (6) of section

 8  1002.20, Florida Statutes, is amended to read:

 9         1002.20  K-12 student and parent rights.--Parents of

10  public school students must receive accurate and timely

11  information regarding their child's academic progress and must

12  be informed of ways they can help their child to succeed in

13  school. K-12 students and their parents are afforded numerous

14  statutory rights including, but not limited to, the following:

15         (6)  EDUCATIONAL CHOICE.--

16         (a)  Public school choices.--Parents of public school

17  students may seek whatever public school choice options that

18  are applicable to their students and are available to students

19  in their school districts. These options may include

20  controlled open enrollment, lab schools, charter schools,

21  charter technical career centers, magnet schools, alternative

22  schools, special programs, advanced placement, dual

23  enrollment, International Baccalaureate, International General

24  Certificate of Secondary Education (pre-AICE), Advanced

25  International Certificate of Education, early admissions,

26  credit by examination or demonstration of competency, the New

27  World School of the Arts, the Florida School for the Deaf and

28  the Blind, the Governor's School for Science and Technology,

29  and the Florida Virtual School. These options may also include

30  the public school choice options of the Opportunity

31  

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    Florida Senate - 2007                           CS for SB 2598
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 1  Scholarship Program and the McKay Scholarships for Students

 2  with Disabilities Program.

 3         Section 4.  Paragraph (i) of subsection (1) of section

 4  1003.02, Florida Statutes, is amended to read:

 5         1003.02  District school board operation and control of

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

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

 8  constitutionally and statutorily charged with the operation

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

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

11  and operate their public K-12 schools and educational

12  programs, employees, and facilities. Their responsibilities

13  include staff development, public K-12 school student

14  education including education for exceptional students and

15  students in juvenile justice programs, special programs, adult

16  education programs, and career education programs.

17  Additionally, district school boards must:

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

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

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

21  matters relating to the welfare of students in the following

22  fields:

23         (i)  Parental notification of acceleration

24  mechanisms.--At the beginning of each school year, notify

25  parents of students in or entering high school of the

26  opportunity and benefits of advanced placement, International

27  Baccalaureate, Advanced International Certificate of

28  Education, dual enrollment, the Governor's School for Science

29  and Technology, and Florida Virtual School courses.

30         Section 5.  This act shall take effect July 1, 2007.

31  

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    Florida Senate - 2007                           CS for SB 2598
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2598

 3                                 

 4  -The mission of the Governor's School for Science and
    Technology will also include advanced educational
 5  opportunities in engineering.

 6  -The school shall be established within the K-20 public
    education system and administratively housed in the Department
 7  of Education.

 8  -The school will be managed by a 7-member board of trustees,
    rather than operated by the Florida Virtual School.
 9  
    -The board will be responsible for planning and establishing
10  the school; appointing the staff; procuring professional and
    legal services; determining student eligibility and
11  enrollment; developing application procedures; providing
    housing, food, and transportation; providing accounting and
12  budgeting operations; entering into contracts; taking legal
    action; securing public liability insurance; managing,
13  maintaining, and supporting the school; receiving gifts,
    donations, and bequests for the school unless terms are
14  illegal; making property transactions, if legal, for the
    school; investing such funds in securities and the Common
15  Fund; annually submitting legislative budget requests;
    depositing funds other than gifts and bequests in the State
16  Treasury; making all purchases in accordance with chapter 287;
    administering and maintaining personnel programs for all
17  employees; giving preference to veterans in employment; and
    coordinating planning efforts with local governing bodies.
18  
    -The board shall provide a report to the Legislature if a
19  statute in the school code prohibits an innovative educational
    practice.
20  
    -Funding shall be as authorized in the General Appropriations
21  Act in a separate amount in the public schools budget entity.

22  -Students attending the school shall continue to be reported
    for funding in their home school districts.
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