HB 613

1
A bill to be entitled
2An act relating to the Governor's School for Space Science
3and Technology; creating s. 1002.371, F.S.; establishing
4the school within the Florida K-20 public education system
5and the Department of Education; providing for the
6Governor's School for Space Science and Technology to
7offer intensive instruction for students in grades 9
8through 12 and summer programs for teachers; providing for
9the school to be located in Brevard County; providing for
10a board of trustees to be appointed by the Governor and
11subject to confirmation by the Senate; providing for terms
12of office; providing for members of the board of trustees
13to be reimbursed for travel expenses; authorizing the
14board of trustees to adopt rules, subject to approval by
15the State Board of Education; providing powers and duties
16of the board of trustees; requiring the board of trustees
17to submit a progress report; providing requirements for
18legislative budget requests; providing for funding the
19Governor's School for Space Science and Technology in the
20General Appropriations Act and from private entities;
21requiring that students enrolled in the school be recorded
22as enrolled in their home school district for purposes of
23funding; amending ss. 110.205, 216.251, 1000.04, 1002.20,
24and 1003.02, F.S., relating to exemptions concerning
25career service positions, appropriations for salaries, the
26components of the delivery of public education, the rights
27of students and parents concerning public school choice,
28and parental notice of acceleration mechanisms by district
29school boards; conforming provisions to changes made by
30the act; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Section 1002.371, Florida Statutes, is created
35to read:
36     1002.371  Governor's School for Space Science and
37Technology.--The Governor's School for Space Science and
38Technology is established within the Florida K-20 public
39education system and shall be administratively housed within the
40Department of Education.
41     (1)  The mission of the Governor's School for Space Science
42and Technology is to provide advanced educational classes in the
43areas of science, mathematics, engineering, and technology in a
44residential setting which are taught by highly qualified
45scientists and instructors and organized and provided in short
46periods of intensive specialized real-life learning experiences
47for highly motivated and talented students in grades 9 through
4812.
49     (2)  The school shall be located in Brevard County and be
50situated where a formal partnership between the school and the
51Kennedy Space Center may readily be established and maintained
52in order to provide real-life learning experiences for students.
53The attendance area for the school is the entire state; however,
54admission to the school is a privilege reserved for those
55qualified students who are selected through a statewide
56application and qualification system and is not a right afforded
57to the general population of students in this state. Students
58enrolled in the school must reside on the school's premises and
59be under the control of the school.
60     (3)  The board of trustees created in subsection (5) shall
61take such actions as are necessary for planning and establishing
62the Governor's School for Space Science and Technology as
63provided in this section. The board shall submit a progress
64report to the Commissioner of Education, the Governor, the
65President of the Senate, and the Speaker of the House of
66Representatives by January 1, 2009, which must include a
67timeline for future actions to be completed and a summary of the
68legislative budget request for the 2009-2010 fiscal year.
69     (4)  It is the intent of the Legislature that existing
70facilities be used for the school and that by the 2010-2011
71school year the school begin offering:
72     (a)  Advanced learning opportunities in the areas of
73mathematics, science, engineering, and technology to qualified
74students; and
75     (b)  Summer programs for elementary, middle, and high
76school teachers.
77     (5)(a)  A board of trustees is created for the Governor's
78School for Space Science and Technology which shall consist of
79seven members. The trustees shall be appointed by the Governor
80and are subject to confirmation by the Senate. Trustees shall be
81appointed to 4-year terms, except that the initial terms shall
82be staggered so that three members are appointed to 4-year
83terms, two members are appointed to 3-year terms, and two
84members are appointed to 2-year terms. The Governor may remove
85any member for cause and shall fill all vacancies that occur.
86     (b)  The board of trustees shall elect a chair annually.
87The trustees are entitled to reimbursement for travel expenses
88as provided in s. 112.061, the accounts of which shall be paid
89by the Chief Financial Officer upon itemized vouchers duly
90approved by the chair.
91     (c)  The board of trustees may adopt rules pursuant to ss.
92120.536(1) and 120.54 to implement provisions of law relating to
93operation of the Governor's School for Space Science and
94Technology. Such rules shall be submitted to the State Board of
95Education for approval or disapproval. After a rule is approved
96by the State Board of Education, the rule shall be filed
97immediately with the Department of State. The board of trustees
98shall act at all times in conjunction with the rules of the
99State Board of Education.
100     (d)  The board of trustees is a body corporate and shall
101have a corporate seal. Unless otherwise provided by law, all
102actions of the board of trustees shall be consistent with all
103laws and rules applicable to state agencies. Title to any gift,
104donation, or bequest received by the board of trustees pursuant
105to subparagraph (e)11. shall vest in the board of trustees.
106Title to all other property and other assets of the Governor's
107School for Space Science and Technology shall vest in the State
108Board of Education, but the board of trustees has complete
109jurisdiction over the management of the school.
110     (e)  The board of trustees may:
111     1.  Appoint or remove a director, faculty, teachers, and
112other employees according to its best judgment and to fix their
113compensation.
114     2.  Procure professional services such as architectural and
115engineering services.
116     3.  Procure legal services without the prior written
117approval of the Attorney General.
118     4.  Determine eligibility of students and procedures for
119admission, including, but not limited to:
120     a.  The requirements that an individual must meet in order
121to be qualified for admission to the Governor's School for Space
122Science and Technology and the standards by which applicants
123will be selected for admission to the school. Priority must be
124given to individuals who excel or demonstrate interest in the
125areas of mathematics, science, engineering, or technology. The
126requirements and standards may include, but need not be limited
127to, scores on tests or favorable recommendations from teachers
128or other school officials.
129     b.  The number of students that may be enrolled at the
130school based on the resources that are available.
131     c.  The procedures by which an individual may apply for
132admission to the school or appeal a decision concerning an
133application to attend the school.
134     5.  Provide necessary housing, food, and transportation for
135students while attending the school and the cost of
136transportation from their home to the school and return.
137     6.  Provide for the proper keeping of accounts and records
138and 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
143to the proper management, maintenance, support, and control of
144the school at the highest efficiency economically possible,
145taking into consideration the purposes of the school.
146     11.  Receive gifts, donations, and bequests of money or
147property, real or personal, tangible or intangible, from any
148person, firm, corporation, or other legal entity. However, the
149board of trustees may not obligate the state to any expenditure
150or policy that is not specifically authorized by law. If the
151bill of sale, will, trust indenture, deed, or other legal
152conveyance specifies terms and conditions concerning the use of
153such money or property, the board of trustees shall observe such
154terms and conditions.
155     12.  Sell or convey by bill of sale, deed, or other legal
156instrument any property, real or personal, received as a gift,
157donation, or bequest upon such terms and conditions as the board
158of trustees considers to be in the best interest of the school
159and its students.
160     13.  Invest such moneys in securities enumerated under s.
161215.47(1), (2)(c), (3), (4), and (9), and in The Common Fund, an
162Investment Management Fund exclusively for nonprofit educational
163institutions.
164     (f)  The board of trustees shall:
165     1.  Annually prepare and submit a legislative budget
166request for the Governor's School for Space Science and
167Technology. The legislative budget request shall be prepared
168using the same format, procedures, and timelines required for
169the submission of the legislative budget of the Department of
170Education. The school's legislative budget request shall be
171submitted to the department for review and approval. Subsequent
172to the department's approval, the commissioner shall include the
173Governor's School for Space Science and Technology in the
174department's legislative budget request to the State Board of
175Education, the Governor, and the Legislature. The legislative
176budget request and the appropriation for the Governor's School
177for Space Science and Technology shall be a separate
178identifiable sum in the public schools budget entity of the
179Department of Education. The annual appropriation for the school
180shall be distributed monthly in payments as nearly equal as
181possible.
182     2.  Approve and administer an annual operating budget.
183     3.  Require all funds received other than gifts, donations,
184bequests, funds raised by or belonging to student clubs or
185student organizations, and funds held for specific students or
186in accounts for individual students to be deposited in the State
187Treasury and expended as authorized in the General
188Appropriations Act.
189     4.  Require all purchases to be in accordance with the
190provisions of chapter 287, except for purchases made with funds
191received as gifts, donations, or bequests; funds raised by or
192belonging to student clubs or student organizations; or funds
193held for specific students or in accounts for individual
194students.
195     5.  Administer and maintain personnel programs for all
196employees of the board of trustees and the Governor's School for
197Space Science and Technology, who shall be state employees,
198including the personnel classification and pay plan established
199in accordance with ss. 110.205(2)(d) and 216.251(2)(a)6. for
200academic and academic administrative personnel, the provisions
201of chapter 110, and the provisions of law that grant authority
202to the Department of Management Services over such programs for
203state employees.
204     6.  Give preference in appointment and retention in
205positions of employment as provided within s. 295.07(1).
206     7.  Ensure that the Governor's School for Space Science and
207Technology complies with procedures that are comparable to those
208set out in s. 1013.351 concerning the coordination of planning
209between the school and local governing bodies.
210     (6)  If the Board of Trustees for the Governor's School for
211Space Science and Technology determines that a specific
212requirement of the School Code prohibits the implementation of
213an innovative instructional practice by the Governor's School
214for Space Science and Technology, the school shall provide a
215report to the Legislature explaining the desired practice and
216the statute that prohibits its implementation.
217     (7)  Funding for instruction, room, board, and
218transportation of students and for the operation of the
219Governor's School for Space Science and Technology shall be as
220authorized in the General Appropriations Act. Other funding for
221the Governor's School for Space Science and Technology may be
222provided from:
223     (a)  Appropriations from the Legislature or a state agency;
224and
225     (b)  Contributions or endowments from private entities.
226     (8)  Students who are approved for attendance at the
227Governor's School for Space Science and Technology shall
228continue to be recorded as enrolled and in attendance for the
229purpose of funding in their home school district for the period
230of time the student is away attending the Governor's School for
231Space Science and Technology.
232     Section 2.  Paragraph (d) of subsection (2) of section
233110.205, Florida Statutes, is amended to read:
234     110.205  Career service; exemptions.--
235     (2)  EXEMPT POSITIONS.--The exempt positions that are not
236covered by this part include the following:
237     (d)  All officers and employees of the state universities
238and the academic personnel and academic administrative personnel
239of the Florida School for the Deaf and the Blind and the
240Governor's School for Space Science and Technology. In
241accordance with ss. the provisions of s. 1002.36 and 1002.371,
242the salaries for academic personnel and academic administrative
243personnel of the Florida School for the Deaf and the Blind and
244the Governor's School for Space Science and Technology shall be
245set by the board of trustees for each respective the school,
246subject only to the approval of the State Board of Education.
247     Section 3.  Paragraph (a) of subsection (2) of section
248216.251, Florida Statutes, is amended to read:
249     216.251  Salary appropriations; limitations.--
250     (2)(a)  The salary for each position not specifically
251indicated in the appropriations acts shall be as provided in one
252of the following subparagraphs:
253     1.  Within the classification and pay plans provided for in
254chapter 110.
255     2.  Within the classification and pay plans established by
256the Board of Trustees for the Florida School for the Deaf and
257the Blind of the Department of Education and approved by the
258State Board of Education for academic and academic
259administrative personnel.
260     3.  Within the classification and pay plan approved and
261administered by the Board of Governors or the designee of the
262board for those positions in the State University System.
263     4.  Within the classification and pay plan approved by the
264President of the Senate and the Speaker of the House of
265Representatives, as the case may be, for employees of the
266Legislature.
267     5.  Within the approved classification and pay plan for the
268judicial branch.
269     6.  Within the classification and pay plans established by
270the Board of Trustees for the Governor's School for Space
271Science and Technology of the Department of Education and
272approved by the State Board of Education for academic and
273academic administrative personnel.
274     Section 4.  Subsection (5) is added to section 1000.04,
275Florida Statutes, to read:
276     1000.04  Components for the delivery of public education
277within the Florida K-20 education system.--Florida's K-20
278education system provides for the delivery of public education
279through publicly supported and controlled K-12 schools,
280community colleges, state universities and other postsecondary
281educational institutions, other educational institutions, and
282other educational services as provided or authorized by the
283Constitution and laws of the state.
284     (5)  THE GOVERNOR'S SCHOOL FOR SPACE SCIENCE AND
285TECHNOLOGY.--The Governor's School for Space Science and
286Technology is a component of the delivery of public education
287within Florida's K-20 education system.
288     Section 5.  Paragraph (a) of subsection (6) of section
2891002.20, Florida Statutes, is amended to read:
290     1002.20  K-12 student and parent rights.--Parents of public
291school students must receive accurate and timely information
292regarding their child's academic progress and must be informed
293of ways they can help their child to succeed in school. K-12
294students and their parents are afforded numerous statutory
295rights including, but not limited to, the following:
296     (6)  EDUCATIONAL CHOICE.--
297     (a)  Public school choices.--Parents of public school
298students may seek whatever public school choice options that are
299applicable to their students and are available to students in
300their school districts. These options may include controlled
301open enrollment, lab schools, charter schools, charter technical
302career centers, magnet schools, alternative schools, special
303programs, advanced placement, dual enrollment, International
304Baccalaureate, International General Certificate of Secondary
305Education (pre-AICE), Advanced International Certificate of
306Education, early admissions, credit by examination or
307demonstration of competency, the New World School of the Arts,
308the Florida School for the Deaf and the Blind, the Governor's
309School for Space Science and Technology, and the Florida Virtual
310School. These options may also include the public school choice
311options of the Opportunity Scholarship Program and the McKay
312Scholarships for Students with Disabilities Program.
313     Section 6.  Paragraph (i) of subsection (1) of section
3141003.02, Florida Statutes, is amended to read:
315     1003.02  District school board operation and control of
316public K-12 education within the school district.--As provided
317in part II of chapter 1001, district school boards are
318constitutionally and statutorily charged with the operation and
319control of public K-12 education within their school district.
320The district school boards must establish, organize, and operate
321their public K-12 schools and educational programs, employees,
322and facilities. Their responsibilities include staff
323development, public K-12 school student education including
324education for exceptional students and students in juvenile
325justice programs, special programs, adult education programs,
326and career education programs. Additionally, district school
327boards must:
328     (1)  Provide for the proper accounting for all students of
329school age, for the attendance and control of students at
330school, and for proper attention to health, safety, and other
331matters relating to the welfare of students in the following
332fields:
333     (i)  Parental notification of acceleration mechanisms.--At
334the beginning of each school year, notify parents of students in
335or entering high school of the opportunity and benefits of
336advanced placement, International Baccalaureate, Advanced
337International Certificate of Education, dual enrollment,
338Governor's School for Space Science and Technology, and Florida
339Virtual School courses.
340     Section 7.  This act shall take effect July 1, 2008.


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