CS/HB 653

1	A bill to be entitled
2	An act relating to public K-12 education; amending s.
3	20.15, F.S.; revising the divisions of the Department of
4	Education to replace the Division of Colleges and
5	Universities with the Division of Workforce Education and
6	to include the Division of Finance and Operations;
7	providing name designations for the director of each
8	division; amending s. 145.19, F.S., relating to salary
9	increases based on increase for state career service
10	employees, to include district school board member
11	salaries; amending s. 1001.10, F.S., relating to the
12	Commissioner of Education's powers and duties, to include
13	organizing and naming the structural units of the
14	Department of Education and appointing staff to carry out
15	department functions; amending s. 1001.395, F.S.; revising
16	the manner in which compensation of district school board
17	members is determined; specifying base salary amounts;
18	amending s. 1001.47, F.S.; revising provisions relating to
19	base salaries of district school superintendents; amending
20	s. 1003.02, F.S.; requiring certain district school boards
21	to request proposals from photographers annually;
22	requiring public access to information; allowing student
23	choice of photographer; permitting the inclusion of
24	certain photographs in student yearbooks; amending s.
25	1003.428, F.S.; providing various waivers to the physical
26	education credit requirement for high school graduation;
27	removing language relating to credit recovery courses;
28	requiring policies to assist students in meeting high
29	school graduation requirements; providing guidelines for
30	district school board grade forgiveness policies;
31	providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Subsections (3) and (4) of section 20.15,
36	Florida Statutes, are amended to read:
37	20.15  Department of Education.--There is created a
38	Department of Education.
39	(3)  DIVISIONS.--The following divisions of the Department
40	of Education are established:
41	(a)  Division of Community Colleges.
42	(b)  Division of Public Schools.
43	(c)  Division of Workforce Education Colleges and
44	Universities.
45	(d)  Division of Vocational Rehabilitation.
46	(e)  Division of Blind Services.
47	(f)  Division of Accountability, Research, and Measurement.
48	(g)  Division of Finance and Operations.
49	(4)  DIRECTORS.--The directors of all divisions shall be
50	appointed by the commissioner subject to approval by the state
51	board. The director of each division may be designated as
52	"Deputy Commissioner" or "Chancellor."
53	Section 2.  Subsection (2) of section 145.19, Florida
54	Statutes, is amended to read:
55	145.19  Annual percentage increases based on increase for
56	state career service employees; limitation.--
57	(2)  Each fiscal year, the salaries of all officials listed
58	in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted.
59	The adjusted salary rate shall be the product, rounded to the
60	nearest dollar, of the salary rate granted by the appropriate
61	section of this chapter, s. 1001.395, or s. 1001.47 multiplied
62	first by the initial factor, then by the cumulative annual
63	factor, and finally by the annual factor. The Department of
64	Management Services shall certify the annual factor and the
65	cumulative annual factors. Any special qualification salary
66	received under this chapter, s. 1001.47, or the annual
67	performance salary incentive available to elected
68	superintendents under s. 1001.47 shall be added to such adjusted
69	salary rate. The special qualification salary shall be $2,000,
70	but shall not exceed $2,000.
71	Section 3.  Subsection (1) of section 1001.10, Florida
72	Statutes, is amended to read:
73	1001.10  Commissioner of Education; general powers and
74	duties.--The Commissioner of Education is the chief educational
75	officer of the state and the sole custodian of the K-20 data
76	warehouse, and is responsible for giving full assistance to the
77	State Board of Education in enforcing compliance with the
78	mission and goals of the seamless K-20 education system. To
79	facilitate innovative practices and to allow local selection of
80	educational methods, the State Board of Education may authorize
81	the commissioner to waive, upon the request of a district school
82	board, State Board of Education rules that relate to district
83	school instruction and school operations, except those rules
84	pertaining to civil rights, and student health, safety, and
85	welfare. The Commissioner of Education is not authorized to
86	grant waivers for any provisions in rule pertaining to the
87	allocation and appropriation of state and local funds for public
88	education; the election, compensation, and organization of
89	school board members and superintendents; graduation and state
90	accountability standards; financial reporting requirements;
91	reporting of out-of-field teaching assignments under s. 1012.42;
92	public meetings; public records; or due process hearings
93	governed by chapter 120. No later than January 1 of each year,
94	the commissioner shall report to the Legislature and the State
95	Board of Education all approved waiver requests in the preceding
96	year. Additionally, the commissioner has the following general
97	powers and duties:
98	(1)  To organize and name the structural units of the
99	Department of Education and appoint staff necessary to carry out
100	his or her powers and duties and functions of the department in
101	a manner that meets legislative intent and promotes both
102	efficiency and accountability.
103
104	The commissioner's office shall operate all statewide functions
105	necessary to support the State Board of Education and the K-20
106	education system, including strategic planning and budget
107	development, general administration, and assessment and
108	accountability.
109	Section 4.  Section 1001.395, Florida Statutes, is amended
110	to read:
111	1001.395  District school board members;
112	compensation.--Each member of the district school board shall
113	receive a base salary, the amounts indicated in this subsection,
114	based on the population of the county the district school board
115	member serves. In addition, compensation shall be made for
116	population increments over the minimum for each population
117	group, which shall be determined by multiplying the population
118	in excess of the minimum for the group times the group rate. The
119	product of such calculation shall be added to the base salary to
120	determine the adjusted base salary. The adjusted base salaries
121	of district school board members shall be increased annually as
122	provided for in s. 145.19.
123
	Pop. Group County Pop. Range Base Salary Group Rate
124
	Minimum Maximum
125
	I -0- 9,999 $5,000 $0.08330
126
	II 10,000 49,000 5,833 0.020830
127
	III 50,000 99,999 6,666 0.016680
128
	IV 100,000 199,999 7,500 0.008330
129
	V 200,000 399,999 8,333 0.004165
130
	VI 400,000 999,999 9,166 0.001390
131
	VII 1,000,000 10,000 0.000000
132
133	District school board member salaries negotiated on or after
134	November of 2006 shall remain in effect up to the date of the
135	2007-2008 calculation provided pursuant to s. 145.19.
136	(1)  Each district school board shall annually determine
137	the salary of its members at the first regular meeting following
138	the organizational meeting held pursuant to s. 1001.371. The
139	proposed salary to be adopted shall be noticed at the time of
140	the meeting notice and shall not be increased during the
141	meeting. The salary adopted by the district school board shall
142	be in effect during the succeeding 12 months.
143	(2)  This section shall apply to any district school board
144	member elected or reelected at the November 2002 general
145	election or any subsequent general election and to any person
146	appointed to fill a vacancy in the office of any such member.
147	Section 5.  Subsection (2) of section 1001.47, Florida
148	Statutes, is amended to read:
149	1001.47  District school superintendent; salary.--
150	(2)  Each elected district school superintendent shall
151	receive a base salary, the amounts indicated in this subsection,
152	based on the population of the county the elected superintendent
153	serves. In addition, compensation shall be made for population
154	increments over the minimum for each population group, which
155	shall be determined by multiplying the population in excess of
156	the minimum for the group times the group rate. The product of
157	such calculation shall be added to the base salary to determine
158	the adjusted base salary. Laws that increase the base salary
159	provided in this subsection shall contain provisions on no other
160	subject.
161
	Pop. Group County Pop. Range Base Salary Group Rate
162
	Minimum Maximum
163
	I -0- 49,999 $23,350 $21,250 $0.07875
164
	II 50,000 99,999 26,500  24,400 0.06300
165
	III 100,000 199,999 29,650  27,550 0.02625
166
	IV 200,000 399,999 32,275  30,175 0.01575
167
	V 400,000 999,999 35,425  33,325 0.00525
168
	VI 1,000,000 38,575  36,475 0.00400
169
170	Section 6.  Subsection (5) is added to section 1003.02,
171	Florida Statutes, to read:
172	1003.02  District school board operation and control of
173	public K-12 education within the school district.--As provided
174	in part II of chapter 1001, district school boards are
175	constitutionally and statutorily charged with the operation and
176	control of public K-12 education within their school district.
177	The district school boards must establish, organize, and operate
178	their public K-12 schools and educational programs, employees,
179	and facilities. Their responsibilities include staff
180	development, public K-12 school student education including
181	education for exceptional students and students in juvenile
182	justice programs, special programs, adult education programs,
183	and career education programs. Additionally, district school
184	boards must:
185	(5)(a)  If entering into a contract with a photographer for
186	the purpose of taking student photographs, request proposals
187	from at least two photographers annually. Results of proposals,
188	including vendor contact information, shall be open to the
189	public and posted on the school or the district school board
190	website.
191	(b)  Allow students to purchase photographs from a
192	photographer of their choice and may not require students to
193	purchase senior photographs from a contract vendor. A student's
194	senior photograph must be allowed to appear in the yearbook when
195	taken by a photographer not under contract with the school or
196	the district school board if the photograph meets the reasonable
197	specifications of the principal and yearbook staff for senior
198	photographs.
199	Section 7.  Subsections (2) and (4) of section 1003.428,
200	Florida Statutes, are amended to read:
201	1003.428  General Requirements for high school graduation;
202	revised.--
203	(2)  The 24 credits may be earned through applied,
204	integrated, and combined courses approved by the Department of
205	Education and shall be distributed as follows:
206	(a)  Sixteen core curriculum credits:
207	1.  Four credits in English, with major concentration in
208	composition, reading for information, and literature.
209	2.  Four credits in mathematics, one of which must be
210	Algebra I, a series of courses equivalent to Algebra I, or a
211	higher-level mathematics course. School districts are encouraged
212	to set specific goals to increase enrollments in, and successful
213	completion of, geometry and Algebra II.
214	3.  Three credits in science, two of which must have a
215	laboratory component.
216	4.  Three credits in social studies as follows: one credit
217	in American history; one credit in world history; one-half
218	credit in economics; and one-half credit in American government.
219	5.  One credit in fine arts.
220	6.  One credit in physical education to include integration
221	of health. Participation in an interscholastic sport at the
222	junior varsity or varsity level for two full seasons shall
223	satisfy the one-credit requirement in physical education if the
224	student passes a competency test on personal fitness with a
225	score of "C" or better. The competency test on personal fitness
226	must be developed by the Department of Education. A district
227	school board may not require that the one credit in physical
228	education be taken during the 9th grade year. Completion of one
229	semester with a grade of "C" or better in a marching band class,
230	in a physical activity class that requires participation in
231	marching band activities as an extracurricular activity, or in a
232	Reserve Officer Training Corps (R.O.T.C.) class a significant
233	component of which is drills shall satisfy a one-half credit
234	requirement in physical education. This one-half credit may not
235	be used to satisfy the personal fitness requirement or the
236	requirement for adaptive physical education under an individual
237	education plan (IEP) or 504 plan.
238	(b)  Eight credits in majors, minors, or electives:
239	1.  Four credits in a major area of interest, such as
240	sequential courses in a career and technical program, fine and
241	performing arts, or academic content area, selected by the
242	student as part of the education plan required by s. 1003.4156.
243	Students may revise major areas of interest each year as part of
244	annual course registration processes and should update their
245	education plan to reflect such revisions. Annually by October 1,
246	the district school board shall approve major areas of interest
247	and submit the list of majors to the Commissioner of Education
248	for approval. Each major area of interest shall be deemed
249	approved unless specifically rejected by the commissioner within
250	60 days. Upon approval, each district's major areas of interest
251	shall be available for use by all school districts and shall be
252	posted on the department's website.
253	2.  Four credits in elective courses selected by the
254	student as part of the education plan required by s. 1003.4156.
255	These credits may be combined to allow for a second major area
256	of interest pursuant to subparagraph 1., a minor area of
257	interest, elective courses, or intensive reading or mathematics
258	intervention courses, or credit recovery courses as described in
259	this subparagraph.
260	a.  Minor areas of interest are composed of three credits
261	selected by the student as part of the education plan required
262	by s. 1003.4156 and approved by the district school board.
263	b.  Elective courses are selected by the student in order
264	to pursue a complete education program as described in s.
265	1001.41(3) and to meet eligibility requirements for
266	scholarships.
267	c.  For each year in which a student scores at Level l on
268	FCAT Reading, the student must be enrolled in and complete an
269	intensive reading course the following year. Placement of Level
270	2 readers in either an intensive reading course or a content
271	area course in which reading strategies are delivered shall be
272	determined by diagnosis of reading needs. The department shall
273	provide guidance on appropriate strategies for diagnosing and
274	meeting the varying instructional needs of students reading
275	below grade level. Reading courses shall be designed and offered
276	pursuant to the comprehensive reading plan required by s.
277	1011.62(8).
278	d.  For each year in which a student scores at Level 1 or
279	Level 2 on FCAT Mathematics, the student must receive
280	remediation the following year. These courses may be taught
281	through applied, integrated, or combined courses and are subject
282	to approval by the department for inclusion in the Course Code
283	Directory.
284	e.  Credit recovery courses shall be offered so that
285	students can simultaneously earn an elective credit and the
286	recovered credit.
287	(4)  Each district school board shall establish standards
288	for graduation from its schools, which must include:
289	(a)  Successful completion of the academic credit or
290	curriculum requirements of subsections (1) and (2).
291	(b)  Earning passing scores on the FCAT, as defined in s.
292	1008.22(3)(c), or scores on a standardized test that are
293	concordant with passing scores on the FCAT as defined in s.
294	1008.22(9).
295	(c)  Completion of all other applicable requirements
296	prescribed by the district school board pursuant to s. 1008.25.
297	(d)  Achievement of a cumulative grade point average of 2.0
298	on a 4.0 scale, or its equivalent, in the courses required by
299	this section.
300
301	Each district school board shall adopt policies designed to
302	assist students in meeting the requirements of this subsection.
303	These policies may include, but are not limited to: forgiveness
304	policies, summer school or before or after school attendance,
305	special counseling, volunteers or peer tutors, school-sponsored
306	help sessions, homework hotlines, and study skills classes.
307	Forgiveness policies for required courses shall be limited to
308	replacing a grade of "D" or "F," or the equivalent of a grade of
309	"D" or "F," with a grade of "C" or higher, or the equivalent of
310	a grade of "C" or higher, earned subsequently in the same or
311	comparable course. Forgiveness policies for elective courses
312	shall be limited to replacing a grade of "D" or "F," or the
313	equivalent of a grade of "D" or "F," with a grade of "C" or
314	higher, or the equivalent of a grade of "C" or higher, earned
315	subsequently in another course. Any course grade not replaced
316	according to a district school board forgiveness policy shall be
317	included in the calculation of the cumulative grade point
318	average required for graduation.
319	Section 8.  This act shall take effect July 1, 2007.

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