| 1 | A bill to be entitled |
| 2 | An act relating to the Governor's School for Space Science |
| 3 | and Technology; creating s. 1002.371, F.S.; establishing |
| 4 | the school within the Florida K-20 public education system |
| 5 | and the Department of Education; providing for the |
| 6 | Governor's School for Space Science and Technology to |
| 7 | offer intensive instruction for students in grades 9 |
| 8 | through 12 and summer programs for teachers; providing for |
| 9 | the school to be located in Brevard County; providing for |
| 10 | a board of trustees to be appointed by the Governor and |
| 11 | subject to confirmation by the Senate; providing for terms |
| 12 | of office; providing for members of the board of trustees |
| 13 | to be reimbursed for travel expenses; authorizing the |
| 14 | board of trustees to adopt rules, subject to approval by |
| 15 | the State Board of Education; providing powers and duties |
| 16 | of the board of trustees; requiring the board of trustees |
| 17 | to submit a progress report; providing requirements for |
| 18 | legislative budget requests; providing for funding the |
| 19 | Governor's School for Space 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 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 34 | Section 1. Section 1002.371, Florida Statutes, is created |
| 35 | to read: |
| 36 | 1002.371 Governor's School for Space Science and |
| 37 | Technology.--The Governor's School for Space Science and |
| 38 | Technology is established within the Florida K-20 public |
| 39 | education system and shall be administratively housed within the |
| 40 | Department of Education. |
| 41 | (1) The mission of the Governor's School for Space Science |
| 42 | and Technology is to provide advanced educational classes in the |
| 43 | areas of science, mathematics, engineering, and technology in a |
| 44 | residential setting which are taught by highly qualified |
| 45 | scientists and instructors and organized and provided in short |
| 46 | periods of intensive specialized real-life learning experiences |
| 47 | for highly motivated and talented students in grades 9 through |
| 48 | 12. |
| 49 | (2) The school shall be located in Brevard County and be |
| 50 | situated where a formal partnership between the school and the |
| 51 | Kennedy Space Center may readily be established and maintained |
| 52 | in order to provide real-life learning experiences for students. |
| 53 | The attendance area for the school is the entire state; however, |
| 54 | admission to the school is a privilege reserved for those |
| 55 | qualified students who are selected through a statewide |
| 56 | application and qualification system and is not a right afforded |
| 57 | to the general population of students in this state. Students |
| 58 | enrolled in the school must reside on the school's premises and |
| 59 | be under the control of the school. |
| 60 | (3) The board of trustees created in subsection (5) shall |
| 61 | take such actions as are necessary for planning and establishing |
| 62 | the Governor's School for Space Science and Technology as |
| 63 | provided in this section. The board shall submit a progress |
| 64 | report to the Commissioner of Education, the Governor, the |
| 65 | President of the Senate, and the Speaker of the House of |
| 66 | Representatives by January 1, 2009, which must include a |
| 67 | timeline for future actions to be completed and a summary of the |
| 68 | legislative budget request for the 2009-2010 fiscal year. |
| 69 | (4) It is the intent of the Legislature that existing |
| 70 | facilities be used for the school and that by the 2010-2011 |
| 71 | school year the school begin offering: |
| 72 | (a) Advanced learning opportunities in the areas of |
| 73 | mathematics, science, engineering, and technology to qualified |
| 74 | students; and |
| 75 | (b) Summer programs for elementary, middle, and high |
| 76 | school teachers. |
| 77 | (5)(a) A board of trustees is created for the Governor's |
| 78 | School for Space Science and Technology which shall consist of |
| 79 | seven members. The trustees shall be appointed by the Governor |
| 80 | and are subject to confirmation by the Senate. Trustees shall be |
| 81 | appointed to 4-year terms, except that the initial terms shall |
| 82 | be staggered so that three members are appointed to 4-year |
| 83 | terms, two members are appointed to 3-year terms, and two |
| 84 | members are appointed to 2-year terms. The Governor may remove |
| 85 | any member for cause and shall fill all vacancies that occur. |
| 86 | (b) The board of trustees shall elect a chair annually. |
| 87 | The trustees are entitled to reimbursement for travel expenses |
| 88 | as provided in s. 112.061, the accounts of which shall be paid |
| 89 | by the Chief Financial Officer upon itemized vouchers duly |
| 90 | approved by the chair. |
| 91 | (c) The board of trustees may adopt rules pursuant to ss. |
| 92 | 120.536(1) and 120.54 to implement provisions of law relating to |
| 93 | operation of the Governor's School for Space Science and |
| 94 | Technology. Such rules shall be submitted to the State Board of |
| 95 | Education for approval or disapproval. After a rule is approved |
| 96 | by the State Board of Education, the rule shall be filed |
| 97 | immediately with the Department of State. The board of trustees |
| 98 | shall act at all times in conjunction with the rules of the |
| 99 | State Board of Education. |
| 100 | (d) The board of trustees is a body corporate and shall |
| 101 | have a corporate seal. Unless otherwise provided by law, all |
| 102 | actions of the board of trustees shall be consistent with all |
| 103 | laws and rules applicable to state agencies. Title to any gift, |
| 104 | donation, or bequest received by the board of trustees pursuant |
| 105 | to subparagraph (e)11. shall vest in the board of trustees. |
| 106 | Title to all other property and other assets of the Governor's |
| 107 | School for Space Science and Technology shall vest in the State |
| 108 | Board of Education, but the board of trustees has complete |
| 109 | jurisdiction over the management of the school. |
| 110 | (e) The board of trustees may: |
| 111 | 1. Appoint or remove a director, faculty, teachers, and |
| 112 | other employees according to its best judgment and to fix their |
| 113 | compensation. |
| 114 | 2. Procure professional services such as architectural and |
| 115 | engineering services. |
| 116 | 3. Procure legal services without the prior written |
| 117 | approval of the Attorney General. |
| 118 | 4. Determine eligibility of students and procedures for |
| 119 | admission, including, but not limited to: |
| 120 | a. The requirements that an individual must meet in order |
| 121 | to be qualified for admission to the Governor's School for Space |
| 122 | Science and Technology and the standards by which applicants |
| 123 | will be selected for admission to the school. Priority must be |
| 124 | given to individuals who excel or demonstrate interest in the |
| 125 | areas of mathematics, science, engineering, or technology. The |
| 126 | requirements and standards may include, but need not be limited |
| 127 | to, scores on tests or favorable recommendations from teachers |
| 128 | or other school officials. |
| 129 | b. The number of students that may be enrolled at the |
| 130 | school based on the resources that are available. |
| 131 | c. The procedures by which an individual may apply for |
| 132 | admission to the school or appeal a decision concerning an |
| 133 | application to attend the school. |
| 134 | 5. Provide necessary housing, food, and transportation for |
| 135 | students while attending the school and the cost of |
| 136 | transportation from their home to the school and return. |
| 137 | 6. Provide for the proper keeping of accounts and records |
| 138 | and for budgeting of funds. |
| 139 | 7. Enter into contracts. |
| 140 | 8. Sue and be sued. |
| 141 | 9. Secure public liability insurance. |
| 142 | 10. Do and perform every other matter or thing requisite |
| 143 | to the proper management, maintenance, support, and control of |
| 144 | the school at the highest efficiency economically possible, |
| 145 | taking into consideration the purposes of the school. |
| 146 | 11. Receive gifts, donations, and bequests of money or |
| 147 | property, real or personal, tangible or intangible, from any |
| 148 | person, firm, corporation, or other legal entity. However, the |
| 149 | board of trustees may not obligate the state to any expenditure |
| 150 | or policy that is not specifically authorized by law. If the |
| 151 | bill of sale, will, trust indenture, deed, or other legal |
| 152 | conveyance specifies terms and conditions concerning the use of |
| 153 | such money or property, the board of trustees shall observe such |
| 154 | terms and conditions. |
| 155 | 12. Sell or convey by bill of sale, deed, or other legal |
| 156 | instrument any property, real or personal, received as a gift, |
| 157 | donation, or bequest upon such terms and conditions as the board |
| 158 | of trustees considers to be in the best interest of the school |
| 159 | and its students. |
| 160 | 13. Invest such moneys in securities enumerated under s. |
| 161 | 215.47(1), (2)(c), (3), (4), and (9), and in The Common Fund, an |
| 162 | Investment Management Fund exclusively for nonprofit educational |
| 163 | institutions. |
| 164 | (f) The board of trustees shall: |
| 165 | 1. Annually prepare and submit a legislative budget |
| 166 | request for the Governor's School for Space Science and |
| 167 | Technology. The legislative budget request shall be prepared |
| 168 | using the same format, procedures, and timelines required for |
| 169 | the submission of the legislative budget of the Department of |
| 170 | Education. The school's legislative budget request shall be |
| 171 | submitted to the department for review and approval. Subsequent |
| 172 | to the department's approval, the commissioner shall include the |
| 173 | Governor's School for Space Science and Technology in the |
| 174 | department's legislative budget request to the State Board of |
| 175 | Education, the Governor, and the Legislature. The legislative |
| 176 | budget request and the appropriation for the Governor's School |
| 177 | for Space Science and Technology shall be a separate |
| 178 | identifiable sum in the public schools budget entity of the |
| 179 | Department of Education. The annual appropriation for the school |
| 180 | shall be distributed monthly in payments as nearly equal as |
| 181 | possible. |
| 182 | 2. Approve and administer an annual operating budget. |
| 183 | 3. Require all funds received other than gifts, donations, |
| 184 | bequests, funds raised by or belonging to student clubs or |
| 185 | student organizations, and funds held for specific students or |
| 186 | in accounts for individual students to be deposited in the State |
| 187 | Treasury and expended as authorized in the General |
| 188 | Appropriations Act. |
| 189 | 4. Require all purchases to be in accordance with the |
| 190 | provisions of chapter 287, except for purchases made with funds |
| 191 | received as gifts, donations, or bequests; funds raised by or |
| 192 | belonging to student clubs or student organizations; or funds |
| 193 | held for specific students or in accounts for individual |
| 194 | students. |
| 195 | 5. Administer and maintain personnel programs for all |
| 196 | employees of the board of trustees and the Governor's School for |
| 197 | Space Science and Technology, who shall be state employees, |
| 198 | including the personnel classification and pay plan established |
| 199 | in accordance with ss. 110.205(2)(d) and 216.251(2)(a)6. for |
| 200 | academic and academic administrative personnel, the provisions |
| 201 | of chapter 110, and the provisions of law that grant authority |
| 202 | to the Department of Management Services over such programs for |
| 203 | state employees. |
| 204 | 6. Give preference in appointment and retention in |
| 205 | positions of employment as provided within s. 295.07(1). |
| 206 | 7. Ensure that the Governor's School for Space Science and |
| 207 | Technology complies with procedures that are comparable to those |
| 208 | set out in s. 1013.351 concerning the coordination of planning |
| 209 | between the school and local governing bodies. |
| 210 | (6) If the Board of Trustees for the Governor's School for |
| 211 | Space Science and Technology determines that a specific |
| 212 | requirement of the School Code prohibits the implementation of |
| 213 | an innovative instructional practice by the Governor's School |
| 214 | for Space Science and Technology, the school shall provide a |
| 215 | report to the Legislature explaining the desired practice and |
| 216 | the statute that prohibits its implementation. |
| 217 | (7) Funding for instruction, room, board, and |
| 218 | transportation of students and for the operation of the |
| 219 | Governor's School for Space Science and Technology shall be as |
| 220 | authorized in the General Appropriations Act. Other funding for |
| 221 | the Governor's School for Space Science and Technology may be |
| 222 | provided from: |
| 223 | (a) Appropriations from the Legislature or a state agency; |
| 224 | and |
| 225 | (b) Contributions or endowments from private entities. |
| 226 | (8) Students who are approved for attendance at the |
| 227 | Governor's School for Space Science and Technology shall |
| 228 | continue to be recorded as enrolled and in attendance for the |
| 229 | purpose of funding in their home school district for the period |
| 230 | of time the student is away attending the Governor's School for |
| 231 | Space Science and Technology. |
| 232 | Section 2. Paragraph (d) of subsection (2) of section |
| 233 | 110.205, Florida Statutes, is amended to read: |
| 234 | 110.205 Career service; exemptions.-- |
| 235 | (2) EXEMPT POSITIONS.--The exempt positions that are not |
| 236 | covered by this part include the following: |
| 237 | (d) All officers and employees of the state universities |
| 238 | and the academic personnel and academic administrative personnel |
| 239 | of the Florida School for the Deaf and the Blind and the |
| 240 | Governor's School for Space Science and Technology. In |
| 241 | accordance with ss. the provisions of s. 1002.36 and 1002.371, |
| 242 | the salaries for academic personnel and academic administrative |
| 243 | personnel of the Florida School for the Deaf and the Blind and |
| 244 | the Governor's School for Space Science and Technology shall be |
| 245 | set by the board of trustees for each respective the school, |
| 246 | subject only to the approval of the State Board of Education. |
| 247 | Section 3. Paragraph (a) of subsection (2) of section |
| 248 | 216.251, Florida Statutes, is amended to read: |
| 249 | 216.251 Salary appropriations; limitations.-- |
| 250 | (2)(a) The salary for each position not specifically |
| 251 | indicated in the appropriations acts shall be as provided in one |
| 252 | of the following subparagraphs: |
| 253 | 1. Within the classification and pay plans provided for in |
| 254 | chapter 110. |
| 255 | 2. Within the classification and pay plans established by |
| 256 | the Board of Trustees for the Florida School for the Deaf and |
| 257 | the Blind of the Department of Education and approved by the |
| 258 | State Board of Education for academic and academic |
| 259 | administrative personnel. |
| 260 | 3. Within the classification and pay plan approved and |
| 261 | administered by the Board of Governors or the designee of the |
| 262 | board for those positions in the State University System. |
| 263 | 4. Within the classification and pay plan approved by the |
| 264 | President of the Senate and the Speaker of the House of |
| 265 | Representatives, as the case may be, for employees of the |
| 266 | Legislature. |
| 267 | 5. Within the approved classification and pay plan for the |
| 268 | judicial branch. |
| 269 | 6. Within the classification and pay plans established by |
| 270 | the Board of Trustees for the Governor's School for Space |
| 271 | Science and Technology of the Department of Education and |
| 272 | approved by the State Board of Education for academic and |
| 273 | academic administrative personnel. |
| 274 | Section 4. Subsection (5) is added to section 1000.04, |
| 275 | Florida Statutes, to read: |
| 276 | 1000.04 Components for the delivery of public education |
| 277 | within the Florida K-20 education system.--Florida's K-20 |
| 278 | education system provides for the delivery of public education |
| 279 | through publicly supported and controlled K-12 schools, |
| 280 | community colleges, state universities and other postsecondary |
| 281 | educational institutions, other educational institutions, and |
| 282 | other educational services as provided or authorized by the |
| 283 | Constitution and laws of the state. |
| 284 | (5) THE GOVERNOR'S SCHOOL FOR SPACE SCIENCE AND |
| 285 | TECHNOLOGY.--The Governor's School for Space Science and |
| 286 | Technology is a component of the delivery of public education |
| 287 | within Florida's K-20 education system. |
| 288 | Section 5. Paragraph (a) of subsection (6) of section |
| 289 | 1002.20, Florida Statutes, is amended to read: |
| 290 | 1002.20 K-12 student and parent rights.--Parents of public |
| 291 | school students must receive accurate and timely information |
| 292 | regarding their child's academic progress and must be informed |
| 293 | of ways they can help their child to succeed in school. K-12 |
| 294 | students and their parents are afforded numerous statutory |
| 295 | rights including, but not limited to, the following: |
| 296 | (6) EDUCATIONAL CHOICE.-- |
| 297 | (a) Public school choices.--Parents of public school |
| 298 | students may seek whatever public school choice options that are |
| 299 | applicable to their students and are available to students in |
| 300 | their school districts. These options may include controlled |
| 301 | open enrollment, lab schools, charter schools, charter technical |
| 302 | career centers, magnet schools, alternative schools, special |
| 303 | programs, advanced placement, dual enrollment, International |
| 304 | Baccalaureate, International General Certificate of Secondary |
| 305 | Education (pre-AICE), Advanced International Certificate of |
| 306 | Education, early admissions, credit by examination or |
| 307 | demonstration of competency, the New World School of the Arts, |
| 308 | the Florida School for the Deaf and the Blind, the Governor's |
| 309 | School for Space Science and Technology, and the Florida Virtual |
| 310 | School. These options may also include the public school choice |
| 311 | options of the Opportunity Scholarship Program and the McKay |
| 312 | Scholarships for Students with Disabilities Program. |
| 313 | Section 6. Paragraph (i) of subsection (1) of section |
| 314 | 1003.02, Florida Statutes, is amended to read: |
| 315 | 1003.02 District school board operation and control of |
| 316 | public K-12 education within the school district.--As provided |
| 317 | in part II of chapter 1001, district school boards are |
| 318 | constitutionally and statutorily charged with the operation and |
| 319 | control of public K-12 education within their school district. |
| 320 | The district school boards must establish, organize, and operate |
| 321 | their public K-12 schools and educational programs, employees, |
| 322 | and facilities. Their responsibilities include staff |
| 323 | development, public K-12 school student education including |
| 324 | education for exceptional students and students in juvenile |
| 325 | justice programs, special programs, adult education programs, |
| 326 | and career education programs. Additionally, district school |
| 327 | boards must: |
| 328 | (1) Provide for the proper accounting for all students of |
| 329 | school age, for the attendance and control of students at |
| 330 | school, and for proper attention to health, safety, and other |
| 331 | matters relating to the welfare of students in the following |
| 332 | fields: |
| 333 | (i) Parental notification of acceleration mechanisms.--At |
| 334 | the beginning of each school year, notify parents of students in |
| 335 | or entering high school of the opportunity and benefits of |
| 336 | advanced placement, International Baccalaureate, Advanced |
| 337 | International Certificate of Education, dual enrollment, |
| 338 | Governor's School for Space Science and Technology, and Florida |
| 339 | Virtual School courses. |
| 340 | Section 7. This act shall take effect July 1, 2008. |