1

A bill to be entitled

2

An act relating to the Governor's School for Science and

3

Technology; creating s. 1002.371, F.S.; establishing the

4

school within the Florida K-20 public education system and

5

the Department of Education; providing for the Governor's

6

School for Science and Technology to offer intensive

7

instruction for students in grades 9 through 12 and summer

8

programs for teachers; providing for the school to be

9

located in Brevard County; providing for a board of

10

trustees to be appointed by the Governor and subject to

11

confirmation by the Senate; providing for terms of office;

12

providing for members of the board of trustees to be

13

reimbursed for travel expenses; authorizing the board of

14

trustees to adopt rules, subject to approval by the State

15

Board of Education; providing powers and duties of the

16

board of trustees; requiring the board of trustees to

17

submit a progress report; providing requirements for

18

legislative budget requests; providing for funding the

19

Governor's School for Science and Technology in the

20

General Appropriations Act and from private entities;

21

requiring that students enrolled in the school be recorded

22

as enrolled in their home school district for purposes of

23

funding; amending ss. 110.205, 216.251, 1000.04, 1002.20,

24

and 1003.02, F.S., relating to exemptions concerning

25

career service positions, appropriations for salaries, the

26

components of the delivery of public education, the rights

27

of students and parents concerning public school choice,

28

and parental notice of acceleration mechanisms by district

29

school boards; conforming provisions to changes made by

30

the act; providing an effective date.

31

32

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

33

34

     Section 1.  Section 1002.371, Florida Statutes, is created

35

to read:

36

     1002.371 Governor's School for Science and Technology.--The

37

Governor's School for Science and Technology is established

38

within the Florida K-20 public education system and shall be

39

administratively housed within the Department of Education.

40

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

41

Technology is to provide advanced educational classes in the

42

areas of science, mathematics, engineering, and technology in a

43

residential setting which are taught by highly qualified

44

scientists and instructors and organized and provided in short

45

periods of intensive specialized real-life learning experiences

46

for highly motivated and talented students in grades 9 through

47

12.

48

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

49

situated where a formal partnership between the school and the

50

Kennedy Space Center may readily be established and maintained in

51

order to provide real-life learning experiences for students. The

52

attendance area for the school is the entire state; however,

53

admission to the school is a privilege reserved for those

54

qualified students who are selected through a statewide

55

application and qualification system and is not a right afforded

56

to the general population of students in this state. Students

57

enrolled in the school must reside on the school's premises and

58

be under the control of the school.

59

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

60

take such actions as are necessary for planning and establishing

61

the Governor's School for Science and Technology as provided in

62

this section. The board shall submit a progress report to the

63

Commissioner of Education, the Governor, the President of the

64

Senate, and the Speaker of the House of Representatives by

65

January 1, 2009, which must include a timeline for future actions

66

to be completed and a summary of the legislative budget request

67

for the 2009-2010 fiscal year.

68

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

69

facilities be used for the school and that by the 2010-2011

70

school year the school begin offering:

71

     (a) Advanced learning opportunities in the areas of

72

mathematics, science, engineering, and technology to qualified

73

students; and

74

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

75

teachers.

76

     (5)(a) A board of trustees is created for the Governor's

77

School for Science and Technology which shall consist of seven

78

members. The trustees shall be appointed by the Governor and are

79

subject to confirmation by the Senate. Trustees shall be

80

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

81

staggered so that three members are appointed to 4-year terms,

82

two members are appointed to 3-year terms, and two members are

83

appointed to 2-year terms. The Governor may remove any member for

84

cause and shall fill all vacancies that occur.

85

     (b) The board of trustees shall elect a chair annually. The

86

trustees are entitled to reimbursement for travel expenses as

87

provided in s. 112.061, the accounts of which shall be paid by

88

the Chief Financial Officer upon itemized vouchers duly approved

89

by the chair.

90

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

91

120.536(1) and 120.54 to implement provisions of law relating to

92

operation of the Governor's School for Science and Technology.

93

Such rules shall be submitted to the State Board of Education for

94

approval or disapproval. After a rule is approved by the State

95

Board of Education, the rule shall be filed immediately with the

96

Department of State. The board of trustees shall act at all times

97

in conjunction with the rules of the State Board of Education.

98

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

99

have a corporate seal. Unless otherwise provided by law, all

100

actions of the board of trustees shall be consistent with all

101

laws and rules applicable to state agencies. Title to any gift,

102

donation, or bequest received by the board of trustees pursuant

103

to subparagraph (e)11. shall vest in the board of trustees. Title

104

to all other property and other assets of the Governor's School

105

for Science and Technology shall vest in the State Board of

106

Education, but the board of trustees has complete jurisdiction

107

over the management of the school.

108

     (e) The board of trustees may:

109

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

110

other employees according to its best judgment and to fix their

111

compensation.

112

     2. Procure professional services such as architectural and

113

engineering services.

114

     3. Procure legal services without the prior written

115

approval of the Attorney General.

116

     4. Determine eligibility of students and procedures for

117

admission, including, but not limited to:

118

     a. The requirements that an individual must meet in order

119

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

120

Science and Technology and the standards by which applicants will

121

be selected for admission to the school. Priority must be given

122

to individuals who excel or demonstrate interest in the areas of

123

mathematics, science, engineering, or technology. The

124

requirements and standards may include, but need not be limited

125

to, scores on tests or favorable recommendations from teachers or

126

other school officials.

127

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

128

school based on the resources that are available.

129

     c. The procedures by which an individual may apply for

130

admission to the school or appeal a decision concerning an

131

application to attend the school.

132

     5. Provide necessary housing, food, and transportation for

133

students while attending the school and the cost of

134

transportation from their home to the school and return.

135

     6. Provide for the proper keeping of accounts and records

136

and for budgeting of funds.

137

     7. Enter into contracts.

138

     8. Sue and be sued.

139

     9. Secure public liability insurance.

140

     10. Do and perform every other matter or thing requisite to

141

the proper management, maintenance, support, and control of the

142

school at the highest efficiency economically possible, taking

143

into consideration the purposes of the school.

144

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

145

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

146

person, firm, corporation, or other legal entity. However, the

147

board of trustees may not obligate the state to any expenditure

148

or policy that is not specifically authorized by law. If the bill

149

of sale, will, trust indenture, deed, or other legal conveyance

150

specifies terms and conditions concerning the use of such money

151

or property, the board of trustees shall observe such terms and

152

conditions.

153

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

154

instrument any property, real or personal, received as a gift,

155

donation, or bequest upon such terms and conditions as the board

156

of trustees considers to be in the best interest of the school

157

and its students.

158

     13. Invest such moneys in securities enumerated under s.

159

215.47(1), (2)(c), (3), (4), and (9), and in The Common Fund, an

160

Investment Management Fund exclusively for nonprofit educational

161

institutions.

162

     (f) The board of trustees shall:

163

     1. Annually prepare and submit a legislative budget request

164

for the Governor's School for Science and Technology. The

165

legislative budget request shall be prepared using the same

166

format, procedures, and timelines required for the submission of

167

the legislative budget of the Department of Education. The

168

school's legislative budget request shall be submitted to the

169

department for review and approval. Subsequent to the

170

department's approval, the commissioner shall include the

171

Governor's School for Science and Technology in the department's

172

legislative budget request to the State Board of Education, the

173

Governor, and the Legislature. The legislative budget request and

174

the appropriation for the Governor's School for Science and

175

Technology shall be a separate identifiable sum in the public

176

schools budget entity of the Department of Education. The annual

177

appropriation for the school shall be distributed monthly in

178

payments as nearly equal as possible.

179

     2. Approve and administer an annual operating budget.

180

     3. Require all funds received other than gifts, donations,

181

bequests, funds raised by or belonging to student clubs or

182

student organizations, and funds held for specific students or in

183

accounts for individual students to be deposited in the State

184

Treasury and expended as authorized in the General Appropriations

185

Act.

186

     4. Require all purchases to be in accordance with the

187

provisions of chapter 287, except for purchases made with funds

188

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

189

belonging to student clubs or student organizations; or funds

190

held for specific students or in accounts for individual

191

students.

192

     5. Administer and maintain personnel programs for all

193

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

194

Science and Technology, who shall be state employees, including

195

the personnel classification and pay plan established in

196

accordance with ss. 110.205(2)(d) and 216.251(2)(a)6. for

197

academic and academic administrative personnel, the provisions of

198

chapter 110, and the provisions of law that grant authority to

199

the Department of Management Services over such programs for

200

state employees.

201

     6. Give preference in appointment and retention in

202

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

203

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

204

Technology complies with procedures that are comparable to those

205

set out in s. 1013.351 concerning the coordination of planning

206

between the school and local governing bodies.

207

     (6) If the Board of Trustees for the Governor's School for

208

Science and Technology determines that a specific requirement of

209

the School Code prohibits the implementation of an innovative

210

instructional practice by the Governor's School for Science and

211

Technology, the school shall provide a report to the Legislature

212

explaining the desired practice and the statute that prohibits

213

its implementation.

214

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

215

transportation of students and for the operation of the

216

Governor's School for Science and Technology shall be as

217

authorized in the General Appropriations Act. Other funding for

218

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

219

from:

220

     (a) Appropriations from the Legislature or a state agency;

221

and

222

     (b) Contributions or endowments from private entities.

223

     (8) Students who are approved for attendance at the

224

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

225

recorded as enrolled and in attendance for the purpose of funding

226

in their home school district for the period of time the student

227

is away attending the Governor's School for Science and

228

Technology.

229

     Section 2.  Paragraph (d) of subsection (2) of section

230

110.205, Florida Statutes, is amended to read:

231

     110.205  Career service; exemptions.--

232

     (2)  EXEMPT POSITIONS.--The exempt positions that are not

233

covered by this part include the following:

234

     (d)  All officers and employees of the state universities

235

and the academic personnel and academic administrative personnel

236

of the Florida School for the Deaf and the Blind and the

237

Governor's School for Science and Technology. In accordance with

238

ss. the provisions of s. 1002.36 and 1002.371, the salaries for

239

academic personnel and academic administrative personnel of the

240

Florida School for the Deaf and the Blind and the Governor's

241

School for Science and Technology shall be set by the board of

242

trustees for each respective the school, subject only to the

243

approval of the State Board of Education.

244

     Section 3.  Paragraph (a) of subsection (2) of section

245

216.251, Florida Statutes, is amended to read:

246

     216.251  Salary appropriations; limitations.--

247

     (2)(a)  The salary for each position not specifically

248

indicated in the appropriations acts shall be as provided in one

249

of the following subparagraphs:

250

     1.  Within the classification and pay plans provided for in

251

chapter 110.

252

     2.  Within the classification and pay plans established by

253

the Board of Trustees for the Florida School for the Deaf and the

254

Blind of the Department of Education and approved by the State

255

Board of Education for academic and academic administrative

256

personnel.

257

     3.  Within the classification and pay plan approved and

258

administered by the Board of Governors or the designee of the

259

board for those positions in the State University System.

260

     4.  Within the classification and pay plan approved by the

261

President of the Senate and the Speaker of the House of

262

Representatives, as the case may be, for employees of the

263

Legislature.

264

     5.  Within the approved classification and pay plan for the

265

judicial branch.

266

     6. Within the classification and pay plans established by

267

the Board of Trustees for the Governor's School for Science and

268

Technology of the Department of Education and approved by the

269

State Board of Education for academic and academic administrative

270

personnel.

271

     Section 4.  Subsection (5) is added to section 1000.04,

272

Florida Statutes, to read:

273

     1000.04  Components for the delivery of public education

274

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

275

education system provides for the delivery of public education

276

through publicly supported and controlled K-12 schools, community

277

colleges, state universities and other postsecondary educational

278

institutions, other educational institutions, and other

279

educational services as provided or authorized by the

280

Constitution and laws of the state.

281

     (5) THE GOVERNOR'S SCHOOL FOR SCIENCE AND TECHNOLOGY.--The

282

Governor's School for Science and Technology is a component of

283

the delivery of public education within Florida's K-20 education

284

system.

285

     Section 5.  Paragraph (a) of subsection (6) of section

286

1002.20, Florida Statutes, is amended to read:

287

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

288

school students must receive accurate and timely information

289

regarding their child's academic progress and must be informed of

290

ways they can help their child to succeed in school. K-12

291

students and their parents are afforded numerous statutory rights

292

including, but not limited to, the following:

293

     (6)  EDUCATIONAL CHOICE.--

294

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

295

students may seek whatever public school choice options that are

296

applicable to their students and are available to students in

297

their school districts. These options may include controlled open

298

enrollment, lab schools, charter schools, charter technical

299

career centers, magnet schools, alternative schools, special

300

programs, advanced placement, dual enrollment, International

301

Baccalaureate, International General Certificate of Secondary

302

Education (pre-AICE), Advanced International Certificate of

303

Education, early admissions, credit by examination or

304

demonstration of competency, the New World School of the Arts,

305

the Florida School for the Deaf and the Blind, the Governor's

306

School for Science and Technology, and the Florida Virtual

307

School. These options may also include the public school choice

308

options of the Opportunity Scholarship Program and the McKay

309

Scholarships for Students with Disabilities Program.

310

     Section 6.  Paragraph (i) of subsection (1) of section

311

1003.02, Florida Statutes, is amended to read:

312

     1003.02  District school board operation and control of

313

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

314

part II of chapter 1001, district school boards are

315

constitutionally and statutorily charged with the operation and

316

control of public K-12 education within their school district.

317

The district school boards must establish, organize, and operate

318

their public K-12 schools and educational programs, employees,

319

and facilities. Their responsibilities include staff development,

320

public K-12 school student education including education for

321

exceptional students and students in juvenile justice programs,

322

special programs, adult education programs, and career education

323

programs. Additionally, district school boards must:

324

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

325

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

326

and for proper attention to health, safety, and other matters

327

relating to the welfare of students in the following fields:

328

     (i)  Parental notification of acceleration mechanisms.--At

329

the beginning of each school year, notify parents of students in

330

or entering high school of the opportunity and benefits of

331

advanced placement, International Baccalaureate, Advanced

332

International Certificate of Education, dual enrollment, the

333

Governor's School for Science and Technology, and Florida Virtual

334

School courses.

335

     Section 7.  This act shall take effect July 1, 2008.