Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS/HB 7045
325318
Senate
Floor: 1/AD/3R
5/1/2008 10:12 AM
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House
Floor: AA
5/1/2008 9:44 PM
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Senator Gaetz moved the following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Paragraph (e) of subsection (7) and subsection
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(8) of section 11.45, Florida Statutes, are amended to read:
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11.45 Definitions; duties; authorities; reports; rules.--
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(7) AUDITOR GENERAL REPORTING REQUIREMENTS.--
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(e) The Auditor General shall notify the Governor or the
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Commissioner of Education, as appropriate, and the Legislative
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Auditing Committee of any audit report reviewed by the Auditor
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General pursuant to paragraph (b) which contains a statement that
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a local governmental entity, charter school, charter technical
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career center, or district school board has met one or more of
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the conditions specified in s. 218.503. If the Auditor General
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requests a clarification regarding information included in an
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audit report to determine whether a local governmental entity,
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charter school, charter technical career center, or district
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school board has met one or more of the conditions specified in
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s. 218.503, the requested clarification must be provided within
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45 days after the date of the request. If the local governmental
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entity, charter school, charter technical career center, or
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district school board does not comply with the Auditor General's
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request, the Auditor General shall notify the Legislative
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Auditing Committee. If, after obtaining the requested
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clarification, the Auditor General determines that the local
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governmental entity, charter school, charter technical career
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center, or district school board has met one or more of the
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conditions specified in s. 218.503, he or she shall notify the
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Governor or the Commissioner of Education, as appropriate, and
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the Legislative Auditing Committee.
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(8) RULES OF THE AUDITOR GENERAL.--The Auditor General, in
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consultation with the Board of Accountancy, shall adopt rules for
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the form and conduct of all financial audits performed by
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independent certified public accountants pursuant to ss. 215.981,
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218.39, 1001.453, 1004.28, and 1004.70. The rules for audits of
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local governmental entities, charter schools, charter school
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technical career centers, and district school boards must
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include, but are not limited to, requirements for the reporting
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of information necessary to carry out the purposes of the Local
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Governmental Entity, Charter School, Charter Technical Career
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Center, and District School Board Financial Emergencies Act as
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stated in s. 218.501.
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Section 2. Section 218.50, Florida Statutes, is amended to
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read:
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218.50 Short title.--Sections 218.50-218.504 may be cited
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as the "Local Governmental Entity, Charter School, Charter
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Technical Career Center, and District School Board Financial
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Emergencies Act."
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Section 3. Section 218.501, Florida Statutes, is amended to
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read:
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218.501 Purposes.--The purposes of ss. 218.50-218.504 are:
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(1) To promote the fiscal responsibility of local
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governmental entities, charter schools, charter technical career
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centers, and district school boards.
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(2) To assist local governmental entities, charter schools,
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charter technical career centers, and district school boards in
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providing essential services without interruption and in meeting
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their financial obligations.
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(3) To assist local governmental entities, charter schools,
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charter technical career centers, and district school boards
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through the improvement of local financial management procedures.
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Section 4. Subsections (1), (2), and (4) of section
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218.503, Florida Statutes, are amended to read:
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218.503 Determination of financial emergency.--
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(1) Local governmental entities, charter schools, charter
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technical career centers, and district school boards shall be
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subject to review and oversight by the Governor, the charter
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school sponsor, the charter technical career center sponsor, or
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the Commissioner of Education, as appropriate, when any one of
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the following conditions occurs:
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(a) Failure within the same fiscal year in which due to pay
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short-term loans or failure to make bond debt service or other
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long-term debt payments when due, as a result of a lack of funds.
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(b) Failure to pay uncontested claims from creditors within
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90 days after the claim is presented, as a result of a lack of
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funds.
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(c) Failure to transfer at the appropriate time, due to
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lack of funds:
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1. Taxes withheld on the income of employees; or
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2. Employer and employee contributions for:
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a. Federal social security; or
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b. Any pension, retirement, or benefit plan of an employee.
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(d) Failure for one pay period to pay, due to lack of
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funds:
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1. Wages and salaries owed to employees; or
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2. Retirement benefits owed to former employees.
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(e) An unreserved or total fund balance or retained
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earnings deficit, or unrestricted or total net assets deficit, as
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reported on the balance sheet or statement of net assets on the
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general purpose or fund financial statements, for which
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sufficient resources of the local governmental entity, as
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reported on the balance sheet or statement of net assets on the
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general purpose or fund financial statements, are not available
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to cover the deficit. Resources available to cover reported
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deficits include net assets that are not otherwise restricted by
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federal, state, or local laws, bond covenants, contractual
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agreements, or other legal constraints. Fixed or capital assets,
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the disposal of which would impair the ability of a local
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governmental entity to carry out its functions, are not
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considered resources available to cover reported deficits.
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(2) A local governmental entity shall notify the Governor
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and the Legislative Auditing Committee, a charter school shall
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notify the charter school sponsor and the Legislative Auditing
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Committee, a charter technical career center shall notify the
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charter technical career center sponsor and the Legislative
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Auditing Committee, and a district school board shall notify the
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Commissioner of Education and the Legislative Auditing Committee,
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when one or more of the conditions specified in subsection (1)
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have occurred or will occur if action is not taken to assist the
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local governmental entity, charter school, charter school
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technical career center, or district school board. In addition,
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any state agency must, within 30 days after a determination that
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one or more of the conditions specified in subsection (1) have
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occurred or will occur if action is not taken to assist the local
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governmental entity, charter school, charter school technical
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career center, or district school board, notify the Governor,
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charter school sponsor, charter school technical career center
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sponsor, or the Commissioner of Education, as appropriate, and
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the Legislative Auditing Committee.
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(4)(a) Upon notification that one or more of the conditions
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in subsection (1) exist, the charter school sponsor or the
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sponsor's designee and the Commissioner of Education shall
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contact the charter school governing body to determine what
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actions have been taken by the charter school governing body to
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resolve the condition. The Commissioner of Education charter
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school sponsor has the authority to require and approve a
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financial recovery plan, to be prepared by the charter school
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governing body, prescribing actions that will cause the charter
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school to no longer be subject to this section. The Department of
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Education shall establish guidelines for developing such plans.
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(b) Upon notification that one or more of the conditions in
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subsection (1) exist, the charter technical career center sponsor
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or the sponsor's designee and the Commissioner of Education shall
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contact the charter technical career center governing body to
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determine what actions have been taken by the charter technical
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career center governing body to resolve the condition. The
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Commissioner of Education may require and approve a financial
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recovery plan, to be prepared by the charter technical career
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center governing body, prescribing actions that will cause the
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charter technical career center to no longer be subject to this
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section.
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(c) The Commissioner of Education shall determine if the
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charter school or charter technical career center needs a
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financial recovery plan to resolve the condition. If the
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Commissioner of Education determines that a financial recovery
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plan is needed, the charter school or charter technical career
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center is considered to be in a state of financial emergency.
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The Department of Education, with the involvement of sponsors,
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charter schools, and charter technical career centers, shall
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establish guidelines for developing such plans.
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Section 5. Section 218.504, Florida Statutes, is amended to
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read:
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218.504 Cessation of state action.--The Governor or the
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Commissioner of Education, as appropriate, has the authority to
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terminate all state actions pursuant to ss. 218.50-218.504.
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Cessation of state action must not occur until the Governor or
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the Commissioner of Education, as appropriate, has determined
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that:
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(1) The local governmental entity, charter school, charter
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technical career center, or district school board:
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(a) Has established and is operating an effective financial
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accounting and reporting system.
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(b) Has resolved the conditions outlined in s. 218.503(1).
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(2) None of the conditions outlined in s. 218.503(1)
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exists.
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Section 6. Paragraph (b) of subsection (5), paragraphs (a),
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(b), and (g) of subsection (6), paragraph (a) of subsection (7),
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paragraph (d) of subsection (8), paragraphs (g) through (q) of
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subsection (9), paragraph (a) of subsection (10), and subsections
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(17), (21), and (23) of section 1002.33, Florida Statutes, are
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amended, present subsection (24) of that section is redesignated
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as subsection (26), and a new subsection (24) and subsection (25)
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are added to that section, to read:
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1002.33 Charter schools.--
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(5) SPONSOR; DUTIES.--
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(b) Sponsor duties.--
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1.a. The sponsor shall monitor and review the charter
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school in its progress toward the goals established in the
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charter.
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b. The sponsor shall monitor the revenues and expenditures
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of the charter school and perform the duties provided for in s.
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1002.345.
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c. The sponsor may approve a charter for a charter school
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before the applicant has secured space, equipment, or personnel,
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if the applicant indicates approval is necessary for it to raise
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working funds.
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d. The sponsor's policies shall not apply to a charter
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school unless mutually agreed to by both the sponsor and the
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charter school.
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e. The sponsor shall ensure that the charter is innovative
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and consistent with the state education goals established by s.
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1000.03(5).
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f. The sponsor shall ensure that the charter school
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participates in the state's education accountability system. If a
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charter school falls short of performance measures included in
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the approved charter, the sponsor shall report such shortcomings
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to the Department of Education.
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g. The sponsor shall not be liable for civil damages under
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state law for personal injury, property damage, or death
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resulting from an act or omission of an officer, employee, agent,
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or governing body of the charter school.
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h. The sponsor shall not be liable for civil damages under
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state law for any employment actions taken by an officer,
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employee, agent, or governing body of the charter school.
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i. The sponsor's duties to monitor the charter school shall
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not constitute the basis for a private cause of action.
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j. The sponsor shall not impose additional reporting
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requirements on a charter school without providing reasonable and
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specific justification in writing to the charter school.
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2. Immunity for the sponsor of a charter school under
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subparagraph 1. applies only with respect to acts or omissions
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not under the sponsor's direct authority as described in this
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section.
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3. Nothing contained in this paragraph shall be considered
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a waiver of sovereign immunity by a district school board.
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4. A community college may work with the school district or
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school districts in its designated service area to develop
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charter schools that offer secondary education. These charter
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schools must include an option for students to receive an
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associate degree upon high school graduation. District school
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boards shall cooperate with and assist the community college on
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the charter application. Community college applications for
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charter schools are not subject to the time deadlines outlined in
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subsection (6) and may be approved by the district school board
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at any time during the year. Community colleges shall not report
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FTE for any students who receive FTE funding through the Florida
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Education Finance Program.
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(6) APPLICATION PROCESS AND REVIEW.--Charter school
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applications are subject to the following requirements:
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(a) A person or entity wishing to open a charter school
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shall prepare and submit an application on a model application
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form prepared by the Department of Education, in conjunction with
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the Florida Schools of Excellence Commission, which that:
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1. Demonstrates how the school will use the guiding
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principles and meet the statutorily defined purpose of a charter
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school.
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2. Provides a detailed curriculum plan that illustrates how
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students will be provided services to attain the Sunshine State
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Standards.
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3. Contains goals and objectives for improving student
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learning and measuring that improvement. These goals and
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objectives must indicate how much academic improvement students
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are expected to show each year, how success will be evaluated,
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and the specific results to be attained through instruction.
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4. Describes the reading curriculum and differentiated
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strategies that will be used for students reading at grade level
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or higher and a separate curriculum and strategies for students
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who are reading below grade level. A sponsor shall deny a charter
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if the school does not propose a reading curriculum that is
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consistent with effective teaching strategies that are grounded
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in scientifically based reading research.
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5. Contains an annual financial plan for each year
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requested by the charter for operation of the school for up to 5
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years. This plan must contain anticipated fund balances based on
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revenue projections, a spending plan based on projected revenues
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and expenses, and a description of controls that will safeguard
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finances and projected enrollment trends.
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6. Documents that the applicant has participated in the
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training required in subparagraph (g)2. A sponsor may require an
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applicant to provide additional information as an addendum to the
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charter school application as described in this paragraph.
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(b) A sponsor shall receive and review all applications for
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a charter school using an evaluation instrument developed by the
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Department of Education. A sponsor may require an applicant to
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provide additional information as an addendum to this evaluation
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instrument. Beginning with the 2007-2008 school year, a sponsor
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shall receive and consider charter school applications received
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on or before August 1 of each calendar year for charter schools
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to be opened at the beginning of the school district's next
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school year, or to be opened at a time agreed to by the applicant
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and the sponsor. A sponsor may receive applications later than
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this date if it chooses. A sponsor may not charge an applicant
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for a charter any fee for the processing or consideration of an
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application, and a sponsor may not base its consideration or
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approval of an application upon the promise of future payment of
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any kind.
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1. In order to facilitate an accurate budget projection
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process, a sponsor shall be held harmless for FTE students who
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are not included in the FTE projection due to approval of charter
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school applications after the FTE projection deadline. In a
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further effort to facilitate an accurate budget projection,
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within 15 calendar days after receipt of a charter school
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application, a sponsor shall report to the Department of
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Education the name of the applicant entity, the proposed charter
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school location, and its projected FTE.
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2. In order to ensure fiscal responsibility, an application
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for a charter school shall include a full accounting of expected
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assets, a projection of expected sources and amounts of income,
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including income derived from projected student enrollments and
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from community support, and an expense projection that includes
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full accounting of the costs of operation, including start-up
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costs.
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3. A sponsor shall by a majority vote approve or deny an
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application no later than 60 calendar days after the application
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is received, unless the sponsor and the applicant mutually agree
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in writing to temporarily postpone the vote to a specific date,
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at which time the sponsor shall by a majority vote approve or
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deny the application. If the sponsor fails to act on the
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application, an applicant may appeal to the State Board of
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Education as provided in paragraph (c). If an application is
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denied, the sponsor shall, within 10 calendar days, articulate in
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writing the specific reasons, based upon good cause, supporting
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its denial of the charter application and shall provide the
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letter of denial and supporting documentation to the applicant
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and to the Department of Education supporting those reasons.
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4. For budget projection purposes, the sponsor shall report
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to the Department of Education the approval or denial of a
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charter application within 10 calendar days after such approval
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or denial. In the event of approval, the report to the Department
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of Education shall include the final projected FTE for the
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approved charter school.
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5. Upon approval of a charter application, the initial
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startup shall commence with the beginning of the public school
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calendar for the district in which the charter is granted unless
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the sponsor allows a waiver of this provision for good cause.
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(g)1. The Department of Education shall offer or arrange
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for training and technical assistance to charter school
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applicants in developing business plans and estimating costs and
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income. This assistance shall address estimating startup costs,
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projecting enrollment, and identifying the types and amounts of
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state and federal financial assistance the charter school will be
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eligible to receive. The department may provide other technical
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assistance to an applicant upon written request.
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2. A charter school applicant must participate in the
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training provided by the Department of Education prior to filing
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an application. However, a sponsor may require the charter school
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applicant to attend training provided by the sponsor in lieu of
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the department's training if the sponsor's training standards
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meet or exceed the standards developed by the Department of
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Education. The training shall include instruction in accurate
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financial planning and good business practices. In addition to
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the applicant, if the applicant is a management company or other
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nonprofit organization, the charter school principal and the
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chief financial officer must also participate in the training.
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(7) CHARTER.--The major issues involving the operation of a
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charter school shall be considered in advance and written into
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the charter. The charter shall be signed by the governing body of
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the charter school and the sponsor, following a public hearing to
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ensure community input.
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(a) The charter shall address, and criteria for approval of
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the charter shall be based on:
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1. The school's mission, the students to be served, and the
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ages and grades to be included.
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2. The focus of the curriculum, the instructional methods
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to be used, any distinctive instructional techniques to be
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employed, and identification and acquisition of appropriate
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technologies needed to improve educational and administrative
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performance which include a means for promoting safe, ethical,
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and appropriate uses of technology which comply with legal and
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professional standards. The charter shall ensure that reading is
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a primary focus of the curriculum and that resources are provided
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to identify and provide specialized instruction for students who
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are reading below grade level. The curriculum and instructional
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strategies for reading must be consistent with the Sunshine State
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Standards and grounded in scientifically based reading research.
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3. The current incoming baseline standard of student
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academic achievement, the outcomes to be achieved, and the method
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of measurement that will be used. The criteria listed in this
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subparagraph shall include a detailed description for each of the
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following:
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a. How the baseline student academic achievement levels and
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prior rates of academic progress will be established.
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b. How these baseline rates will be compared to rates of
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academic progress achieved by these same students while attending
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the charter school.
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c. To the extent possible, how these rates of progress will
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be evaluated and compared with rates of progress of other closely
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comparable student populations.
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The district school board is required to provide academic student
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performance data to charter schools for each of their students
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coming from the district school system, as well as rates of
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academic progress of comparable student populations in the
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district school system.
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4. The methods used to identify the educational strengths
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and needs of students and how well educational goals and
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performance standards are met by students attending the charter
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school. Included in the methods is a means for the charter school
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to ensure accountability to its constituents by analyzing student
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performance data and by evaluating the effectiveness and
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efficiency of its major educational programs. Students in charter
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schools shall, at a minimum, participate in the statewide
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assessment program created under s. 1008.22.
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5. In secondary charter schools, a method for determining
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that a student has satisfied the requirements for graduation in
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s. 1003.43.
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6. A method for resolving conflicts between the governing
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body of the charter school and the sponsor.
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7. The admissions procedures and dismissal procedures,
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including the school's code of student conduct.
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8. The ways by which the school will achieve a
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racial/ethnic balance reflective of the community it serves or
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within the racial/ethnic range of other public schools in the
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same school district.
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9. The financial and administrative management of the
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school, including a reasonable demonstration of the professional
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experience or competence of those individuals or organizations
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applying to operate the charter school or those hired or retained
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to perform such professional services and the description of
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clearly delineated responsibilities and the policies and
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practices needed to effectively manage the charter school. A
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description of internal audit procedures and establishment of
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controls to ensure that financial resources are properly managed
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must be included. Both public sector and private sector
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professional experience shall be equally valid in such a
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consideration.
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10. The asset and liability projections required in the
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application which are incorporated into the charter and which
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shall be compared with information provided in the annual report
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of the charter school. The charter shall ensure that, if a
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charter school internal audit or annual financial audit reveals a
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state of financial emergency as defined in s. 218.503 or deficit
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financial position, the auditors are required to notify the
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charter school governing board, the sponsor, and the Department
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of Education. The internal auditor shall report such findings in
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the form of an exit interview to the principal or the principal
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administrator of the charter school and the chair of the
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governing board within 7 working days after finding the state of
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financial emergency or deficit position. A final report shall be
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provided to the entire governing board, the sponsor, and the
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Department of Education within 14 working days after the exit
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interview. When a charter school is in a state of financial
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emergency, the charter school shall file a detailed financial
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recovery plan with the sponsor. The department, with the
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involvement of both sponsors and charter schools, shall establish
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guidelines for developing such plans.
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11. A description of procedures that identify various risks
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and provide for a comprehensive approach to reduce the impact of
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losses; plans to ensure the safety and security of students and
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staff; plans to identify, minimize, and protect others from
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violent or disruptive student behavior; and the manner in which
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the school will be insured, including whether or not the school
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will be required to have liability insurance, and, if so, the
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terms and conditions thereof and the amounts of coverage.
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12. The term of the charter which shall provide for
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cancellation of the charter if insufficient progress has been
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made in attaining the student achievement objectives of the
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charter and if it is not likely that such objectives can be
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achieved before expiration of the charter. The initial term of a
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charter shall be for 4 or 5 years. In order to facilitate access
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to long-term financial resources for charter school construction,
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charter schools that are operated by a municipality or other
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public entity as provided by law are eligible for up to a 15-year
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charter, subject to approval by the district school board. A
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charter lab school is eligible for a charter for a term of up to
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15 years. In addition, to facilitate access to long-term
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financial resources for charter school construction, charter
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schools that are operated by a private, not-for-profit, s.
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501(c)(3) status corporation are eligible for up to a 15-year
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charter, subject to approval by the district school board. Such
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long-term charters remain subject to annual review and may be
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terminated during the term of the charter, but only according to
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the provisions set forth in subsection (8).
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13. The facilities to be used and their location.
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14. The qualifications to be required of the teachers and
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the potential strategies used to recruit, hire, train, and retain
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qualified staff to achieve best value.
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15. The governance structure of the school, including the
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status of the charter school as a public or private employer as
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required in paragraph (12)(i).
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16. A timetable for implementing the charter which
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addresses the implementation of each element thereof and the date
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by which the charter shall be awarded in order to meet this
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timetable.
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17. In the case of an existing public school being
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converted to charter status, alternative arrangements for current
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students who choose not to attend the charter school and for
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current teachers who choose not to teach in the charter school
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after conversion in accordance with the existing collective
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bargaining agreement or district school board rule in the absence
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of a collective bargaining agreement. However, alternative
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arrangements shall not be required for current teachers who
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choose not to teach in a charter lab school, except as authorized
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by the employment policies of the state university which grants
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the charter to the lab school.
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18. Full disclosure of the identity of all relatives
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employed by the charter school who are related to the charter
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school owner, president, chairperson of the governing board of
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directors, superintendent, governing board member, principal,
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assistant principal, or any other person employed by the charter
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school having equivalent decisionmaking authority. For the
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purpose of this subparagraph, the term "relative" means father,
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mother, son, daughter, brother, sister, uncle, aunt, first
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cousin, nephew, niece, husband, wife, father-in-law, mother-in-
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law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
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stepfather, stepmother, stepson, stepdaughter, stepbrother,
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stepsister, half brother, or half sister.
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(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
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(d) A charter may be terminated immediately if the sponsor
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determines that good cause has been shown or if the health,
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safety, or welfare of the students is threatened. The sponsor's
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determination is not subject to an informal hearing under
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paragraph (b) or pursuant to chapter 120. The sponsor shall
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notify in writing the charter school's governing body, the
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charter school principal, and the department if a charter is
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immediately terminated. The sponsor shall clearly identify the
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specific issues that resulted in the immediate termination and
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provide evidence of prior notification of issues resulting in the
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immediate termination when appropriate. The school district in
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which the charter school is located shall assume operation of the
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school under these circumstances. The charter school's governing
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board may, within 30 days after receiving the sponsor's decision
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to terminate the charter, appeal the decision pursuant to the
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procedure established in subsection (6).
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(9) CHARTER SCHOOL REQUIREMENTS.--
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(g) A charter school shall provide for an annual financial
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audit in accordance with s. 218.39. Financial audits that reveal
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a state of financial emergency as defined in s. 218.503 and are
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conducted by a certified public accountant or auditor in
513
accordance with s. 218.39 shall be provided to the governing body
514
of the charter school within 7 working days after finding that a
515
state of financial emergency exists. When a charter school is
516
found to be in a state of financial emergency by a certified
517
public accountant or auditor, the charter school must file a
518
detailed financial recovery plan with the sponsor within 30 days
519
after receipt of the audit.
520
(g)(h) In order to provide financial information that is
521
comparable to that reported for other public schools, charter
522
schools are to maintain all financial records which constitute
523
their accounting system:
524
1. In accordance with the accounts and codes prescribed in
525
the most recent issuance of the publication titled "Financial and
526
Program Cost Accounting and Reporting for Florida Schools"; or
527
2. At the discretion of the charter school governing board,
528
a charter school may elect to follow generally accepted
529
accounting standards for not-for-profit organizations, but must
530
reformat this information for reporting according to this
531
paragraph.
532
533
Charter schools shall provide annual financial report and program
534
cost report information in the state-required formats for
535
inclusion in district reporting in compliance with s. 1011.60(1).
536
Charter schools that are operated by a municipality or are a
537
component unit of a parent nonprofit organization may use the
538
accounting system of the municipality or the parent but must
539
reformat this information for reporting according to this
540
paragraph. A charter school shall provide monthly financial
541
statements to the sponsor.
542
(h)(i) The governing board of the charter school shall
543
annually adopt and maintain an operating budget.
544
(i)(j) The governing body of the charter school shall
545
exercise continuing oversight over charter school operations.
546
(j)(k) The governing body of the charter school shall be
547
responsible for:
548
1. Ensuring that the charter school has retained the
549
services of a certified public accountant or auditor for the
550
annual financial audit, pursuant to s. 1002.345(2) paragraph (g),
551
who shall submit the report to the governing body.
552
2. Reviewing and approving the audit report, including
553
audit findings and recommendations for the financial recovery
554
plan.
555
3.a. Performing the duties provided for in s. 1002.345,
556
including monitoring a corrective action plan.
557
b. Monitoring a financial recovery plan in order to ensure
558
compliance.
559
4. Participating in governance training approved by the
560
department that must include government in the sunshine,
561
conflicts of interest, ethics, and financial responsibility.
562
(k)(l) The governing body of the charter school shall
563
report its progress annually to its sponsor, which shall forward
564
the report to the Commissioner of Education at the same time as
565
other annual school accountability reports. The Department of
566
Education shall develop a uniform, online annual accountability
567
report to be completed by charter schools. This report shall be
568
easy to utilize and contain demographic information, student
569
performance data, and financial accountability information. A
570
charter school shall not be required to provide information and
571
data that is duplicative and already in the possession of the
572
department. The Department of Education shall include in its
573
compilation a notation if a school failed to file its report by
574
the deadline established by the department. The report shall
575
include at least the following components:
576
1. Student achievement performance data, including the
577
information required for the annual school report and the
578
education accountability system governed by ss. 1008.31 and
579
1008.345. Charter schools are subject to the same accountability
580
requirements as other public schools, including reports of
581
student achievement information that links baseline student data
582
to the school's performance projections identified in the
583
charter. The charter school shall identify reasons for any
584
difference between projected and actual student performance.
585
2. Financial status of the charter school which must
586
include revenues and expenditures at a level of detail that
587
allows for analysis of the ability to meet financial obligations
588
and timely repayment of debt.
589
3. Documentation of the facilities in current use and any
590
planned facilities for use by the charter school for instruction
591
of students, administrative functions, or investment purposes.
592
4. Descriptive information about the charter school's
593
personnel, including salary and benefit levels of charter school
594
employees, the proportion of instructional personnel who hold
595
professional or temporary certificates, and the proportion of
596
instructional personnel teaching in-field or out-of-field.
597
(l)(m) A charter school shall not levy taxes or issue bonds
598
secured by tax revenues.
599
(m)(n) A charter school shall provide instruction for at
600
least the number of days required by law for other public
601
schools, and may provide instruction for additional days.
602
(n)(o) The director and a representative of the governing
603
body of a charter school that has received a school grade of "D"
604
under s. 1008.34(2) shall appear before the sponsor or the
605
sponsor's staff at least once a year to present information
606
concerning each contract component having noted deficiencies. The
607
sponsor shall communicate at the meeting, and in writing to the
608
director, the services provided to the school to help the school
609
address its deficiencies.
610
(o)(p) Upon notification that a charter school receives a
611
school grade of "D" for 2 consecutive years or a school grade of
612
"F" under s. 1008.34(2), the charter school sponsor or the
613
sponsor's staff shall require the director and a representative
614
of the governing body to submit to the sponsor for approval a
615
school improvement plan to raise student achievement and to
616
implement the plan. The sponsor has the authority to approve a
617
school improvement plan that the charter school will implement in
618
the following school year. The sponsor may also consider the
619
State Board of Education's recommended action pursuant to s.
620
1008.33(1) as part of the school improvement plan. The Department
621
of Education shall offer technical assistance and training to the
622
charter school and its governing body and establish guidelines
623
for developing, submitting, and approving such plans.
624
1. If the charter school fails to improve its student
625
performance from the year immediately prior to the implementation
626
of the school improvement plan, the sponsor shall place the
627
charter school on probation and shall require the charter school
628
governing body to take one of the following corrective actions:
629
a. Contract for the educational services of the charter
630
school;
631
b. Reorganize the school at the end of the school year
632
under a new director or principal who is authorized to hire new
633
staff and implement a plan that addresses the causes of
634
inadequate progress; or
635
c. Reconstitute the charter school.
636
2. A charter school that is placed on probation shall
637
continue the corrective actions required under subparagraph 1.
638
until the charter school improves its student performance from
639
the year prior to the implementation of the school improvement
640
plan.
641
3. Notwithstanding any provision of this paragraph, the
642
sponsor may terminate the charter at any time pursuant to the
643
provisions of subsection (8).
644
(p)(q) The director and a representative of the governing
645
body of a graded charter school that has submitted a school
646
improvement plan or has been placed on probation under paragraph
647
(o)(p) shall appear before the sponsor or the sponsor's staff at
648
least once a year to present information regarding the corrective
649
strategies that are being implemented by the school pursuant to
650
the school improvement plan. The sponsor shall communicate at the
651
meeting, and in writing to the director, the services provided to
652
the school to help the school address its deficiencies.
653
(10) ELIGIBLE STUDENTS.--
654
(a) A charter school shall be open to any student covered
655
in an interdistrict agreement or residing in the school district
656
in which the charter school is located; however, in the case of a
657
charter lab school, the charter lab school shall be open to any
658
student eligible to attend the lab school as provided in s.
659
1002.32 or who resides in the school district in which the
660
charter lab school is located. Any eligible student shall be
661
allowed interdistrict transfer to attend a charter school when
662
based on good cause. Good cause shall include, but not be limited
663
to, geographic proximity to a charter school in a neighboring
664
school district.
665
(17) FUNDING.--Students enrolled in a charter school,
666
regardless of the sponsorship, shall be funded as if they are in
667
a basic program or a special program, the same as students
668
enrolled in other public schools in the school district. Funding
669
for a charter lab school shall be as provided in s. 1002.32.
670
(a) Each charter school shall report its student enrollment
671
to the sponsor as required in s. 1011.62, and in accordance with
672
the definitions in s. 1011.61. The sponsor shall include each
673
charter school's enrollment in the district's report of student
674
enrollment. All charter schools submitting student record
675
information required by the Department of Education shall comply
676
with the Department of Education's guidelines for electronic data
677
formats for such data, and all districts shall accept electronic
678
data that complies with the Department of Education's electronic
679
format.
680
(b) The basis for the agreement for funding students
681
enrolled in a charter school shall be the sum of the school
682
district's operating funds from the Florida Education Finance
683
Program as provided in s. 1011.62 and the General Appropriations
684
Act, including gross state and local funds, discretionary lottery
685
funds, and funds from the school district's current operating
686
discretionary millage levy; divided by total funded weighted
687
full-time equivalent students in the school district; multiplied
688
by the weighted full-time equivalent students for the charter
689
school. Charter schools whose students or programs meet the
690
eligibility criteria in law shall be entitled to their
691
proportionate share of categorical program funds included in the
692
total funds available in the Florida Education Finance Program by
693
the Legislature, including transportation. Total funding for each
694
charter school shall be recalculated during the year to reflect
695
the revised calculations under the Florida Education Finance
696
Program by the state and the actual weighted full-time equivalent
697
students reported by the charter school during the full-time
698
equivalent student survey periods designated by the Commissioner
699
of Education. Florida Education Finance Program funds for a
700
charter school must be distributed to the charter school by the
701
district school board within 10 days after receipt from the
702
state.
703
(c) If the district school board is providing programs or
704
services to students funded by federal funds, any eligible
705
students enrolled in charter schools in the school district shall
706
be provided federal funds for the same level of service provided
707
students in the schools operated by the district school board.
708
Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all charter
709
schools shall receive all federal funding for which the school is
710
otherwise eligible, including Title I funding, not later than 5
711
months after the charter school first opens and within 5 months
712
after any subsequent expansion of enrollment.
713
(d) District school boards shall make timely and efficient
714
payment and reimbursement to charter schools, including
715
processing paperwork required to access special state and federal
716
funding for which they may be eligible. The district school board
717
may distribute funds to a charter school for up to 3 months based
718
on the projected full-time equivalent student membership of the
719
charter school. Thereafter, the results of full-time equivalent
720
student membership surveys shall be used in adjusting the amount
721
of funds distributed monthly to the charter school for the
722
remainder of the fiscal year. The payment shall be issued no
723
later than 10 working days after the district school board
724
receives a distribution of state or federal funds. If a warrant
725
for payment is not issued within 10 working days after receipt of
726
funding by the district school board, the school district shall
727
pay to the charter school, in addition to the amount of the
728
scheduled disbursement, interest at a rate of 1 percent per month
729
calculated on a daily basis on the unpaid balance from the
730
expiration of the 10 working days until such time as the warrant
731
is issued.
732
(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.--
733
(a) The Department of Education shall provide information
734
to the public, directly and through sponsors, both on how to form
735
and operate a charter school and on how to enroll in charter
736
schools once they are created. This information shall include a
737
standard application format, charter format, evaluation
738
instrument, and charter renewal format, which shall include the
739
information specified in subsection (7) and shall be developed by
740
consulting and negotiating with both school districts, the
741
Florida Schools of Excellence Commission, and charter schools
742
before implementation. The charter and charter renewal These
743
formats shall be used as guidelines by charter school sponsors.
744
(b)1. The Department of Education shall report student
745
assessment data pursuant to s. 1008.34(3)(b) which is reported to
746
schools that receive a school grade pursuant to s. 1008.34 or
747
student assessment data pursuant to s. 1008.341(3) which is
748
reported to alternative schools that receive a school improvement
749
rating pursuant to s. 1008.341 to each charter school that:
750
a. Does not receive a school grade pursuant to s. 1008.34
751
or a school improvement rating pursuant to s. 1008.341; and
752
b. Serves at least 10 students who are tested on the
753
statewide assessment test pursuant to s. 1008.22.
754
2. The charter school shall report the information in
755
subparagraph 1. to each parent of a student at the charter
756
school, the parent of a child on a waiting list for the charter
757
school, the district in which the charter school is located, and
758
the governing board of the charter school. This paragraph does
759
not abrogate the provisions of s. 1002.22, relating to student
760
records, and the requirements of 20 U.S.C. s. 1232g, the Family
761
Educational Rights and Privacy Act.
762
3.a. Pursuant to this paragraph, the Department of
763
Education shall compare the charter school student performance
764
data for each charter school in subparagraph 1. with the student
765
performance data in traditional public schools in the district in
766
which the charter school is located and other charter schools in
767
the state. For alternative charter schools, the department shall
768
compare the student performance data described in this paragraph
769
with all alternative schools in the state. The comparative data
770
shall be provided by the following grade groupings:
771
(I) Grades 3 through 5;
772
(II) Grades 6 through 8; and
773
(III) Grades 9 through 11.
774
b. Each charter school shall provide the information in
775
this paragraph on its Internet website and also provide notice to
776
the public in a manner that notifies the community at large, as
777
provided by rules of the State Board of Education. The State
778
Board of Education shall adopt rules to administer the notice
779
requirements of this subparagraph pursuant to ss. 120.536(1) and
780
120.54. The website shall include, through links or actual
781
content, other information related to school performance.
782
(23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt
783
of the annual report required by paragraph (9)(k) (9)(l), the
784
Department of Education shall provide to the State Board of
785
Education, the Commissioner of Education, the Governor, the
786
President of the Senate, and the Speaker of the House of
787
Representatives an analysis and comparison of the overall
788
performance of charter school students, to include all students
789
whose scores are counted as part of the statewide assessment
790
program, versus comparable public school students in the district
791
as determined by the statewide assessment program currently
792
administered in the school district, and other assessments
793
administered pursuant to s. 1008.22(3).
794
(24) RESTRICTION ON EMPLOYMENT OF RELATIVES.--
795
(a) This subsection applies to charter school personnel in
796
a charter school operated by a private entity. As used in this
797
subsection, the term:
798
1. "Charter school personnel" means a charter school owner,
799
president, chairperson of the governing board of directors,
800
superintendent, governing board member, principal, assistant
801
principal, or any other person employed by the charter school
802
having equivalent decisionmaking authority and in whom is vested
803
the authority, or to whom the authority has been delegated, to
804
appoint, employ, promote, or advance individuals or to recommend
805
individuals for appointment, employment, promotion, or
806
advancement in connection with employment in a charter school,
807
including the authority as a member of a governing body of a
808
charter school to vote on the appointment, employment, promotion,
809
or advancement of individuals.
810
2. "Relative" means father, mother, son, daughter, brother,
811
sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
812
father-in-law, mother-in-law, son-in-law, daughter-in-law,
813
brother-in-law, sister-in-law, stepfather, stepmother, stepson,
814
stepdaughter, stepbrother, stepsister, half brother, or half
815
sister.
816
(b) Charter school personnel may not appoint, employ,
817
promote, or advance, or advocate for appointment, employment,
818
promotion, or advancement, in or to a position in the charter
819
school in which the personnel are serving or over which the
820
personnel exercises jurisdiction or control any individual who is
821
a relative. An individual may not be appointed, employed,
822
promoted, or advanced in or to a position in a charter school if
823
such appointment, employment, promotion, or advancement has been
824
advocated by charter school personnel who serve in or exercise
825
jurisdiction or control over the charter school and who is a
826
relative of the individual or if such appointment, employment,
827
promotion, or advancement is made by the governing board of which
828
a relative of the individual is a member.
829
(c) The requirements in paragraph (b) may be waived by the
830
Commissioner of Education or his or her designee for good cause.
831
(d) Mere approval of budgets does not constitute
832
"jurisdiction or control" for the purposes of this subsection.
833
Charter school personnel in schools operated by a municipality or
834
other public entity are subject to the provisions of s. 112.3135.
835
(25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.--
836
(a) A member of a governing board of a charter school,
837
including a charter school operated by a private entity, is
838
subject to the provisions of ss. 112.313(2), (3), (7), and (12)
839
and 112.3143(3).
840
(b) A member of a governing board of a charter school
841
operated by a municipality or other public entity is subject to
842
the provisions of s. 112.3144, relating to the disclosure of
843
financial interests.
844
Section 7. Subsection (5), paragraph (a) of subsection (7),
845
paragraph (a) of subsection (11), and subsection (12) of section
846
1002.335, Florida Statutes, are amended to read:
847
1002.335 Florida Schools of Excellence Commission.--
848
(5) CHARTERING AUTHORITY.--
849
(a) A charter school applicant may submit an application to
850
the commission only if the school district in which the FSE
851
charter school is to be located has not retained exclusive
852
authority to authorize charter schools as provided in paragraph
853
(e). If a district school board has not retained exclusive
854
authority to authorize charter schools as provided in paragraph
855
(e), the district school board and the commission shall have
856
concurrent authority to authorize charter schools and FSE charter
857
schools, respectively, to be located within the geographic
858
boundaries of the school district. The district school board
859
shall monitor and oversee all charter schools authorized by the
860
district school board pursuant to s. 1002.33. The commission
861
shall monitor and oversee all FSE charter schools sponsored by
862
the commission pursuant to subsection (4).
863
(b) Paragraph (e) may not be construed to eliminate the
864
ability of a district school board to authorize charter schools
865
pursuant to s. 1002.33. A district school board shall retain the
866
authority to reauthorize and to oversee any charter school that
867
it has authorized, except with respect to any charter school that
868
is converted to an FSE charter school under this section.
869
(c) For fiscal year 2008-2009 and every 4 fiscal years
870
2007-2008 and for each fiscal year thereafter, a district school
871
board may seek to retain exclusive authority to authorize charter
872
schools within the geographic boundaries of the school district
873
by presenting to the State Board of Education, on or before March
874
1 of the fiscal year prior to that for which the exclusive
875
authority is to apply, a written resolution adopted by the
876
district school board indicating the intent to seek retain
877
exclusive authority to authorize charter schools. A district
878
school board may seek to retain the exclusive authority to
879
authorize charter schools by presenting to the state board the
880
written resolution on or before a date 60 days after
881
establishment of the commission. The written resolution shall be
882
accompanied by a written description addressing the elements
883
described in paragraph (e). The district school board shall
884
provide a complete copy of the resolution, including the
885
description, to each charter school authorized by the district
886
school board on or before the date it submits the resolution to
887
the state board.
888
(d) A party may challenge the grant of exclusive authority
889
made by the State Board of Education pursuant to paragraph (e) by
890
filing with the state board a notice of challenge within 30 days
891
after the state board grants exclusive authority. The notice
892
shall be accompanied by a specific written description of the
893
basis for the challenge. The challenging party, at the time of
894
filing notice with the state board, shall provide a copy of the
895
notice of challenge to the district school board that has been
896
granted exclusive authority. The state board shall permit the
897
district school board the opportunity to appear and respond in
898
writing to the challenge. The state board shall make a
899
determination upon the challenge within 60 days after receiving
900
the notice of challenge.
901
(e) The State Board of Education shall grant to a district
902
school board exclusive authority to authorize charter schools
903
within the geographic boundaries of the school district if the
904
state board determines, after adequate notice, in a public
905
hearing, and after receiving input from any charter school
906
authorized by the district school board, that the district school
907
board has provided fair and equitable treatment to its charter
908
schools during the 4 years prior to the district school board's
909
submission of the resolution described in paragraph (c). The
910
state board's review of the resolution shall, at a minimum,
911
include consideration of the following:
912
1. Compliance with the provisions of s. 1002.33.
913
2. Compliance with full and accurate accounting practices
914
and charges for central administrative overhead costs.
915
3. Compliance with requirements allowing a charter school,
916
at its discretion, to purchase certain services or a combination
917
of services at actual cost to the district.
918
4. The absence of a district school board moratorium
919
regarding charter schools or the absence of any districtwide
920
charter school enrollment limits.
921
5. Compliance with valid orders of the state board.
922
6. The provision of assistance to charter schools to meet
923
their facilities needs by including those needs in local bond
924
issues or otherwise providing available land and facilities that
925
are comparable to those provided to other public school students
926
in the same grade levels within the school district.
927
7. The distribution to charter schools authorized by the
928
district school board of a pro rata share of federal and state
929
grants received by the district school board, except for any
930
grant received for a particular purpose which, by its express
931
terms, is intended to benefit a student population not able to be
932
served by, or a program not able to be offered at, a charter
933
school that did not receive a proportionate share of such grant
934
proceeds.
935
8. The provision of adequate staff and other resources to
936
serve charter schools authorized by the district school board,
937
which services are provided by the district school board at a
938
cost to the charter schools that does not exceed their actual
939
cost to the district school board.
940
9. The lack of a policy or practice of imposing individual
941
charter school enrollment limits, except as otherwise provided by
942
law.
943
10. The provision of an adequate number of educational
944
choice programs to serve students exercising their rights to
945
transfer pursuant to the "No Child Left Behind Act of 2001," Pub.
946
L. No. 107-110, and a history of charter school approval that
947
encourages chartering.
948
(f) The decision of the State Board of Education to grant
949
or deny exclusive authority to a district school board pursuant
950
to paragraph (e) shall be effective for 4 fiscal years, shall not
951
be subject to the provisions of chapter 120 and shall be a final
952
action subject to judicial review by the district court of
953
appeal.
954
(g) For district school boards that have no discernible
955
history of authorizing charter schools, the State Board of
956
Education may not grant exclusive authority unless the district
957
school board demonstrates that no approvable application has come
958
before the district school board.
959
(h) A grant of exclusive authority by the State Board of
960
Education shall continue so long as a district school board
961
continues to comply with this section and has presented a written
962
resolution to the state board as set forth in paragraph (c).
963
(i) Notwithstanding any other provision of this section to
964
the contrary, a district school board may permit the
965
establishment of one or more FSE charter schools within the
966
geographic boundaries of the school district by adopting a
967
favorable resolution and submitting the resolution to the State
968
Board of Education. The resolution shall be effective until it is
969
rescinded by resolution of the district school board.
970
(7) COSPONSOR AGREEMENT.--
971
(a) Upon approval of a cosponsor, the commission and the
972
cosponsor shall enter into an agreement that defines the
973
cosponsor's rights and obligations and includes the following:
974
1. An explanation of the personnel, contractual and
975
interagency relationships, and potential revenue sources
976
referenced in the application as required in paragraph (6)(c).
977
2. Incorporation of the requirements of equal access for
978
all students, including any plans to provide food service or
979
transportation reasonably necessary to provide access to as many
980
students as possible.
981
3. Incorporation of the requirement to serve low-income,
982
low-performing, gifted, or underserved student populations.
983
4. An explanation of the academic and financial goals and
984
expected outcomes for the cosponsor's charter schools and the
985
method and plans by which they will be measured and achieved as
986
referenced in the application.
987
5. The conflict-of-interest policies referenced in the
988
application.
989
6. An explanation of the disposition of facilities and
990
assets upon termination and dissolution of a charter school
991
approved by the cosponsor.
992
7.a. A provision requiring the cosponsor to annually appear
993
before the commission and provide a report as to the information
994
provided pursuant to s. 1002.33(9)(k) s. 1002.33(9)(l) for each
995
of its charter schools.
996
b. A provision requiring the cosponsor to perform the
997
duties provided for in s. 1002.345.
998
c. A provision requiring the governing board to perform the
999
duties provided for in s. 1002.345, including monitoring the
1000
corrective action plan.
1001
8. A provision requiring that the cosponsor report the
1002
student enrollment in each of its sponsored charter schools to
1003
the district school board of the county in which the school is
1004
located.
1005
9. A provision requiring that the cosponsor work with the
1006
commission to provide the necessary reports to the State Board of
1007
Education.
1008
10. Any other reasonable terms deemed appropriate by the
1009
commission given the unique characteristics of the cosponsor.
1010
(11) APPLICATION OF CHARTER SCHOOL STATUTE.--
1011
(a) The provisions of s. 1002.33(7)-(12), (14), and (16)-
1012
(19), (21)(b), (24), and (25) shall apply to the commission and
1013
the cosponsors and charter schools approved pursuant to this
1014
section.
1015
(12) ACCESS TO INFORMATION.--The commission shall provide
1016
maximum access to information to all parents in the state. It
1017
shall maintain information systems, including, but not limited
1018
to, a user-friendly Internet website, that will provide
1019
information and data necessary for parents to make informed
1020
decisions, including a link to the information provided in s.
1021
1002.33(21)(b)3.b. At a minimum, the commission must provide
1022
parents with information on its accountability standards, links
1023
to schools of excellence throughout the state, and public
1024
education programs available in the state.
1025
Section 8. Subsections (4) and (5), paragraphs (d) and (f)
1026
of subsection (6), paragraph (c) of subsection (10), and
1027
subsection (13) of section 1002.34, Florida Statutes, are amended
1028
to read:
1029
1002.34 Charter technical career centers.--
1030
(4) CHARTER.--A sponsor may designate centers as provided
1031
in this section. An application to establish a center may be
1032
submitted by a sponsor or another organization that is
1033
determined, by rule of the State Board of Education, to be
1034
appropriate. However, an independent school is not eligible for
1035
status as a center. The charter must be signed by the governing
1036
body of the center and the sponsor, and must be approved by the
1037
district school board and community college board of trustees in
1038
whose geographic region the facility is located. If a charter
1039
technical career center is established by the conversion to
1040
charter status of a public technical center formerly governed by
1041
a district school board, the charter status of that center takes
1042
precedence in any question of governance. The governance of the
1043
center or of any program within the center remains with its board
1044
of directors unless the board agrees to a change in governance or
1045
its charter is revoked as provided in subsection (15). Such a
1046
conversion charter technical career center is not affected by a
1047
change in the governance of public technical centers or of
1048
programs within other centers that are or have been governed by
1049
district school boards. A charter technical career center, or any
1050
program within such a center, that was governed by a district
1051
school board and transferred to a community college prior to the
1052
effective date of this act is not affected by this provision. An
1053
applicant who wishes to establish a center must submit to the
1054
district school board or community college board of trustees, or
1055
a consortium of one or more of each, an application on a form
1056
developed by the Department of Education which that includes:
1057
(a) The name of the proposed center.
1058
(b) The proposed structure of the center, including a list
1059
of proposed members of the board of directors or a description of
1060
the qualifications for and method of their appointment or
1061
election.
1062
(c) The workforce development goals of the center, the
1063
curriculum to be offered, and the outcomes and the methods of
1064
assessing the extent to which the outcomes are met.
1065
(d) The admissions policy and criteria for evaluating the
1066
admission of students.
1067
(e) A description of the staff responsibilities and the
1068
proposed qualifications of the teaching staff.
1069
(f) A description of the procedures to be implemented to
1070
ensure significant involvement of representatives of business and
1071
industry in the operation of the center.
1072
(g) A method for determining whether a student has
1073
satisfied the requirements for graduation specified in s. 1003.43
1074
and for completion of a postsecondary certificate or degree.
1075
(h) A method for granting secondary and postsecondary
1076
diplomas, certificates, and degrees.
1077
(i) A description of and address for the physical facility
1078
in which the center will be located.
1079
(j) A method of resolving conflicts between the governing
1080
body of the center and the sponsor and between consortium
1081
members, if applicable.
1082
(k) A method for reporting student data as required by law
1083
and rule.
1084
(l) A statement that the applicant has participated in the
1085
training provided by the Department of Education.
1086
(m) The identity of all relatives employed by the charter
1087
technical career center who are related to the center owner,
1088
president, chairperson of the governing board of directors,
1089
superintendent, governing board member, principal, assistant
1090
principal, or any other person employed by the center who has
1091
equivalent decisionmaking authority. As used in this paragraph,
1092
the term "relative" means father, mother, son, daughter, brother,
1093
sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
1094
father-in-law, mother-in-law, son-in-law, daughter-in-law,
1095
brother-in-law, sister-in-law, stepfather, stepmother, stepson,
1096
stepdaughter, stepbrother, stepsister, half brother, or half
1097
sister.
1098
(m)(l) Other information required by the district school
1099
board or community college board of trustees.
1100
1101
Students at a center must meet the same testing and academic
1102
performance standards as those established by law and rule for
1103
students at public schools and public technical centers. The
1104
students must also meet any additional assessment indicators that
1105
are included within the charter approved by the district school
1106
board or community college board of trustees.
1107
(5) APPLICATION.--An application to establish a center must
1108
be submitted by February 1 of the year preceding the school year
1109
in which the center will begin operation. The sponsor must review
1110
the application using an evaluation instrument developed by the
1111
Department of Education and make a final decision on whether to
1112
approve the application and grant the charter by March 1, and may
1113
condition the granting of a charter on the center's taking
1114
certain actions or maintaining certain conditions. Such actions
1115
and conditions must be provided to the applicant in writing. The
1116
district school board or community college board of trustees is
1117
not required to issue a charter to any person.
1118
(6) SPONSOR.--A district school board or community college
1119
board of trustees or a consortium of one or more of each may
1120
sponsor a center in the county in which the board has
1121
jurisdiction.
1122
(d)1. The Department of Education shall offer or arrange
1123
for training and technical assistance to applicants in developing
1124
business plans and estimating costs and income. This assistance
1125
shall address estimating startup costs, projecting enrollment,
1126
and identifying the types and amounts of state and federal
1127
financial assistance the center will be eligible to receive. The
1128
training shall include instruction in accurate financial planning
1129
and good business practices.
1130
2. An applicant must participate in the training provided
1131
by the Department of Education prior to filing an application.
1132
The Department of Education may provide technical assistance to
1133
an applicant upon written request.
1134
(f) The sponsor shall monitor and review the center's
1135
progress toward charter goals and shall monitor the center's
1136
revenues and expenditures. The sponsor shall perform the duties
1137
provided for in s. 1002.345.
1138
(10) EXEMPTION FROM STATUTES.--
1139
(c) A center must comply with the antidiscrimination
1140
provisions of s. 1000.05 and the provisions of s. 1002.33(24),
1141
relating to the employment of relatives.
1142
(13) BOARD OF DIRECTORS AUTHORITY.--The board of directors
1143
of a center may decide matters relating to the operation of the
1144
school, including budgeting, curriculum, and operating
1145
procedures, subject to the center's charter. The board of
1146
directors is responsible for performing the duties provided for
1147
in s. 1002.345, including monitoring the corrective action plan.
1148
The board of directors must comply with the provisions of s.
1149
1002.33(25).
1150
Section 9. Section 1002.345, Florida Statutes, is created
1151
to read:
1152
1002.345 Determination of financial weaknesses and
1153
financial emergencies for charter schools and charter technical
1154
career centers.--This section applies to charter schools
1155
operating pursuant to ss. 1002.33 and 1002.335, and to charter
1156
technical career centers operating pursuant to s. 1002.34.
1157
(1) FINANCIAL WEAKNESS; REQUIREMENTS.--
1158
(a) A charter school and a charter technical career center
1159
shall be subject to an expedited review by the sponsor when any
1160
one of the following conditions occurs:
1161
1. An end-of-year financial deficit.
1162
2. A substantial decline in student enrollment without a
1163
commensurate reduction in expenses.
1164
3. Insufficient revenues to pay current operating expenses.
1165
4. Insufficient revenues to pay long-term expenses.
1166
5. Disproportionate administrative expenses.
1167
6. Excessive debt.
1168
7. Excessive expenditures.
1169
8. Inadequate fund balances or reserves.
1170
9. Failure to meet financial reporting requirements
1171
pursuant to s. 1002.33(9), s. 1002.335(7)(a)7., or s.
1172
1002.34(14).
1173
10. Weak financial controls or other adverse financial
1174
conditions identified through an annual audit conducted pursuant
1175
to s. 218.39.
1176
11. Negative financial findings cited in reports by the
1177
Auditor General or the Office of Program Policy Analysis and
1178
Government Accountability.
1179
(b) A sponsor shall notify the governing board within 7
1180
working days when one or more of the conditions specified in
1181
paragraph (a) occur.
1182
(c) The governing board and the sponsor shall develop a
1183
corrective action plan and file the plan with the Commissioner of
1184
Education within 30 working days. If the governing board and the
1185
sponsor are unable to agree on a corrective action plan, the
1186
Commissioner of Education shall determine the components of the
1187
plan. The governing board shall implement the plan.
1188
(d) The governing board shall include the corrective action
1189
plan and the status of its implementation in the annual progress
1190
report to the sponsor that is required under s. 1002.33(9)(k), s.
1191
1002.335(7)(a)7., or s. 1002.34(14).
1192
(e) If the governing board fails to implement the
1193
corrective action plan within 1 year, the State Board of
1194
Education shall prescribe any steps necessary for the charter
1195
school or the charter technical career center to comply with
1196
state requirements.
1197
(f) The chair of the governing board shall annually appear
1198
before the State Board of Education and report on the
1199
implementation of the State Board of Education's requirements.
1200
(2) FINANCIAL EMERGENCY; DEFICIT FUND BALANCE; DEFICIT NET
1201
ASSETS; REQUIREMENTS.--
1202
(a) A charter school and a charter technical career center
1203
shall provide for a certified public accountant or auditor to
1204
conduct an annual financial audit in accordance with s. 218.39.
1205
(b) The charter shall ensure that, if an annual financial
1206
audit of a charter school or charter technical career center
1207
reveals one or more of the conditions in s. 218.503(1) have
1208
occurred or will occur if action is not taken or if a charter
1209
school or charter technical career center has a deficit fund
1210
balance or deficit net assets, the auditor must notify the
1211
governing board of the charter school or charter technical career
1212
center, as appropriate, the sponsor, and the Commissioner of
1213
Education.
1214
(c)1. When a financial audit conducted by a certified
1215
public accountant in accordance with s. 218.39 reveals that one
1216
or more of the conditions in s. 218.503(1) have occurred or will
1217
occur if action is not taken or when a deficit fund balance or
1218
deficit net assets exist, the auditor shall notify and provide
1219
the financial audit to the governing board of the charter school
1220
or charter technical career center, as appropriate, the sponsor,
1221
and the Commissioner of Education within 7 working days after the
1222
finding is made.
1223
2. When the charter school or charter technical career
1224
center is found to be in a state of financial emergency pursuant
1225
to s. 218.503(4), the charter school or charter technical career
1226
center shall file a detailed financial recovery plan as provided
1227
for in s. 218.503 with the sponsor within 30 days after being
1228
notified by the Commissioner of Education that a financial
1229
recovery plan is needed.
1230
(d) The sponsor shall file a copy of the financial recovery
1231
plan with the Commissioner of Education.
1232
(e) The governing board shall include the financial
1233
recovery plan and the status of its implementation in the annual
1234
progress report to the sponsor which is required under s.
1235
1002.33(9)(k), s. 1002.335(7)(a)7., or s. 1002.34(14).
1236
(3) REPORT.--The Commissioner of Education shall annually
1237
report to the State Board of Education each charter school and
1238
charter technical career center that is subject to a financial
1239
recovery plan or a corrective action plan under this section.
1240
(4) RULES.--The State Board of Education shall adopt rules
1241
pursuant to ss. 120.536(1) and 120.54 for developing financial
1242
recovery and corrective action plans and establishing the
1243
criteria for defining each of the conditions in subsection (1).
1244
(5) TECHNICAL ASSISTANCE.--The Department of Education
1245
shall provide technical assistance to charter schools, charter
1246
technical career centers, governing boards, and sponsors in
1247
developing financial recovery and corrective action plans.
1248
(6) FAILURE TO CORRECT DEFICIENCIES.--The sponsor may
1249
choose not to renew or may terminate a charter if the charter
1250
school or charter technical career center fails to correct the
1251
deficiencies noted in the corrective action plan within 1 year or
1252
exhibits one or more financial emergency conditions as provided
1253
in s. 218.503 for 2 consecutive years. This subsection is not
1254
intended to affect a sponsor's authority to terminate or not
1255
renew a charter pursuant to s. 1002.33(8).
1256
Section 10. Subsections (1) and (3), paragraph (b) of
1257
subsection (5), paragraphs (d), (i), and (m) of subsection (6),
1258
paragraph (e) of subsection (7), paragraph (c) of subsection (8),
1259
and subsection (11) of section 220.187, Florida Statutes, are
1260
amended, paragraphs (k) through (n) of subsection (9) are
1261
redesignated as paragraphs (m) through (p), respectively, new
1262
paragraphs (k) and (l) are added to that subsection, and a new
1263
subsection (14) is added to that section, to read:
1264
220.187 Credits for contributions to nonprofit scholarship-
1265
funding organizations.--
1266
(1) FINDINGS AND PURPOSE.--
1267
(a) The Legislature finds that:
1268
1. It has the inherent power to determine subjects of
1269
taxation for general or particular public purposes.
1270
2. Expanding educational opportunities and improving the
1271
quality of educational services within the state are valid public
1272
purposes that the Legislature may promote using its sovereign
1273
power to determine subjects of taxation and exemptions from
1274
taxation.
1275
3. Ensuring that all parents, regardless of means, may
1276
exercise and enjoy their basic right to educate their children as
1277
they see fit is a valid public purpose that the Legislature may
1278
promote using its sovereign power to determine subjects of
1279
taxation and exemptions from taxation.
1280
4. Expanding educational opportunities and the healthy
1281
competition they promote are critical to improving the quality of
1282
education in the state and to ensuring that all children receive
1283
the high-quality education to which they are entitled.
1284
(b) The purpose of this section is to:
1285
1.(a) Enable taxpayers to make Encourage private, voluntary
1286
contributions to nonprofit scholarship-funding organizations in
1287
order to promote the general welfare.
1288
2. Provide taxpayers who wish to help parents with limited
1289
resources exercise their basic right to educate their children as
1290
they see fit with a means to do so.
1291
3.(b) Promote the general welfare by expanding Expand
1292
educational opportunities for children of families that have
1293
limited financial resources.
1294
4.(c) Enable children in this state to achieve a greater
1295
level of excellence in their education.
1296
5. Improve the quality of education in this state, both by
1297
expanding educational opportunities for children and by creating
1298
incentives for schools to achieve excellence.
1299
(3) PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate Income
1300
Tax Credit Scholarship Program is established. A student is
1301
eligible for a corporate income tax credit scholarship if the
1302
student qualifies for free or reduced-price school lunches under
1303
the National School Lunch Act and:
1304
(a) Was counted as a full-time equivalent student during
1305
the previous state fiscal year for purposes of state per-student
1306
funding;
1307
(b) Received a scholarship from an eligible nonprofit
1308
scholarship-funding organization or from the State of Florida
1309
during the previous school year; or
1310
(c) Is eligible to enter kindergarten or first grade; or
1311
(d) Is currently placed, or during the previous state
1312
fiscal year was placed, in foster care as defined in s. 39.01.
1313
1314
Contingent upon available funds, a student may continue in the
1315
scholarship program as long as the student's household family
1316
income level does not exceed 200 percent of the federal poverty
1317
level. A sibling of a student who is continuing in the program
1318
and resides in the same household as the student shall also be
1319
eligible as a first-time corporate income tax credit scholarship
1320
recipient as long as the student's and sibling's household income
1321
level does not exceed 200 percent of the federal poverty level.
1322
Household income for purposes of a student who is currently in
1323
foster care as defined in s. 39.01 shall consist only of the
1324
income that may be considered in determining whether he or she
1325
qualifies for free or reduced-price school lunches under the
1326
National School Lunch Act.
1327
(5) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX CREDITS;
1328
LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
1329
(b) The total amount of tax credits and carryforward of tax
1330
credits which may be granted each state fiscal year under this
1331
section is:
1332
1. Through June 30, 2008, $88 million.
1333
2. Beginning July 1, 2008, and thereafter, $118 million. At
1334
least 1 percent of the total statewide amount authorized for the
1335
tax credit shall be reserved for taxpayers who meet the
1336
definition of a small business provided in s. 288.703(1) at the
1337
time of application.
1338
(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
1339
ORGANIZATIONS.--An eligible nonprofit scholarship-funding
1340
organization:
1341
(d)1. Must provide scholarships, from eligible
1342
contributions, to eligible students for the cost of:
1343
a.1. Tuition and fees or textbook expenses for, or
1344
transportation to, an eligible private school. At least 75
1345
percent of the scholarship funding must be used to pay tuition
1346
expenses; or
1347
b.2. Transportation expenses to a Florida public school
1348
that is located outside the district in which the student resides
1349
or to a lab school as defined in s. 1002.32.
1350
2. Beginning in the 2009-2010 state fiscal year, must
1351
provide a premium payment to a scholarship student who
1352
participates in the statewide assessments pursuant to s. 1008.22
1353
and who attends an eligible private school that has at least 95-
1354
percent participation of eligible scholarship students in the
1355
statewide assessments. This premium payment shall be applied to
1356
transportation costs related to participation in the statewide
1357
assessments, statewide assessment preparation costs, and other
1358
school fees incurred by a student which are not otherwise covered
1359
under this paragraph.
1360
(i)1. May use up to 3 percent of eligible contributions
1361
received during the state fiscal year in which such contributions
1362
are collected for administrative expenses if the organization has
1363
operated under this section for at least 3 state fiscal years and
1364
did not have any negative financial findings in its most recent
1365
audit under paragraph (l). Such administrative expenses must be
1366
reasonable and necessary for the organization's management and
1367
distribution of eligible contributions under this section. No
1368
more than one-third of the funds authorized for administrative
1369
expenses under this subparagraph may be used for expenses related
1370
to the recruitment of contributions from corporate taxpayers.
1371
2. Must expend for annual or partial-year scholarships an
1372
amount equal to or greater than 75 percent of the net eligible
1373
contributions remaining after administrative expenses during the
1374
state fiscal year in which such contributions are collected. No
1375
more than 25 percent of such net eligible contributions may be
1376
carried forward to the following state fiscal year. Any amounts
1377
carried forward shall be expended for Must obligate, in the same
1378
fiscal year in which the contribution was received, 100 percent
1379
of the eligible contribution to provide annual or partial-year
1380
scholarships; however, up to 25 percent of the total contribution
1381
may be carried forward for expenditure in the following state
1382
fiscal year. Net eligible contributions remaining on June 30 of
1383
each year which are in excess of the 25 percent that may be
1384
carried forward shall be returned to the State Treasury for
1385
deposit in the General Revenue Fund.
1386
3. A scholarship-funding organization Must, before granting
1387
a scholarship for an academic year, document each scholarship
1388
student's eligibility for that academic year. A scholarship-
1389
funding organization may not grant multiyear scholarships in one
1390
approval process. No portion of eligible contributions may be
1391
used for administrative expenses. All interest accrued from
1392
contributions must be used for scholarships.
1393
(m) Must prepare and submit quarterly reports to the
1394
Department of Education pursuant to paragraph (9)(o)(m). In
1395
addition, an eligible nonprofit scholarship-funding organization
1396
must submit in a timely manner any information requested by the
1397
Department of Education relating to the scholarship program.
1398
1399
Any and all information and documentation provided to the
1400
Department of Education and the Auditor General relating to the
1401
identity of a taxpayer that provides an eligible contribution
1402
under this section shall remain confidential at all times in
1403
accordance with s. 213.053.
1404
(7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
1405
PARTICIPATION.--
1406
(e) The parent shall ensure that the student participating
1407
in the scholarship program takes the norm-referenced assessment
1408
offered by the private school. The parent may also choose to have
1409
the student participate in the statewide assessments pursuant to
1410
s. 1008.22. Except as provided in subsection (6), if the parent
1411
requests that the student participating in the scholarship
1412
program take statewide assessments pursuant to s. 1008.22, the
1413
parent is responsible for transporting the student to the
1414
assessment site designated by the school district.
1415
(8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--An
1416
eligible private school may be sectarian or nonsectarian and
1417
must:
1418
(c) Be academically accountable to the parent for meeting
1419
the educational needs of the student by:
1420
1. At a minimum, annually providing to the parent a written
1421
explanation of the student's progress.
1422
2. Annually administering or making provision for students
1423
participating in the scholarship program to take one of the
1424
nationally norm-referenced tests identified by the Department of
1425
Education. Students with disabilities for whom standardized
1426
testing is not appropriate are exempt from this requirement. A
1427
participating private school must report a student's scores to
1428
the parent and to the independent research organization selected
1429
by the Department of Education as described in paragraph (9)(j).
1430
3. Cooperating with the scholarship student whose parent
1431
chooses to have the student participate in the statewide
1432
assessments pursuant to s. 1008.22 s. 1008.32. Beginning in the
1433
2009-2010 state fiscal year, in order to encourage participation,
1434
a scholarship student who participates in the statewide
1435
assessments is eligible for a premium payment pursuant to
1436
subparagraphs (6)(d)2. and (11)(a)2.
1437
1438
The inability of a private school to meet the requirements of
1439
this subsection shall constitute a basis for the ineligibility of
1440
the private school to participate in the scholarship program as
1441
determined by the Department of Education.
1442
(9) DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department of
1443
Education shall:
1444
(k) Provide participating schools with all preparation and
1445
instructional materials to prepare students for the statewide
1446
assessments pursuant to s. 1008.22.
1447
(l) Beginning in the 2009-2010 state fiscal year, determine
1448
if at least 95 percent of a private school's eligible scholarship
1449
students participate in the statewide assessments pursuant to s.
1450
1008.22.
1451
(11) SCHOLARSHIP AND PREMIUM AMOUNT AND PAYMENT.--
1452
(a)1. The amount of a scholarship provided to any student
1453
for any single school year by an eligible nonprofit scholarship-
1454
funding organization from eligible contributions shall be for
1455
total costs authorized under subparagraph (6)(d)1., not to exceed
1456
the following annual limits:
1457
a.1. Three thousand nine hundred fifty dollars Three
1458
thousand seven hundred fifty dollars for a scholarship awarded to
1459
a student enrolled in an eligible private school for the 2008-
1460
2009 state fiscal year and each fiscal year thereafter.
1461
b.2. Five hundred dollars for a scholarship awarded to a
1462
student enrolled in a Florida public school that is located
1463
outside the district in which the student resides or in a lab
1464
school as defined in s. 1002.32.
1465
2. Beginning in the 2009-2010 state fiscal year, the amount
1466
of an annual premium payment by an eligible nonprofit
1467
scholarship-funding organization from eligible contributions
1468
shall be $200 for costs authorized under subparagraph (6)(d)2.
1469
provided to a student who takes the statewide assessments
1470
pursuant to s. 1008.22 if at least 95 percent of the private
1471
school's eligible scholarship students participate in the
1472
statewide assessments.
1473
(b) Payment of the scholarship and premium by the eligible
1474
nonprofit scholarship-funding organization shall be by individual
1475
warrant made payable to the student's parent. If the parent
1476
chooses that his or her child attend an eligible private school,
1477
the warrant must be delivered by the eligible nonprofit
1478
scholarship-funding organization to the private school of the
1479
parent's choice, and the parent shall restrictively endorse the
1480
warrant to the private school. An eligible nonprofit scholarship-
1481
funding organization shall ensure that the parent to whom the
1482
warrant is made restrictively endorsed the warrant to the private
1483
school for deposit into the account of the private school.
1484
(c) An eligible nonprofit scholarship-funding organization
1485
shall obtain verification from the private school of a student's
1486
continued attendance at the school for prior to each period
1487
covered by a scholarship payment.
1488
(d) Payment of the scholarship shall be made by the
1489
eligible nonprofit scholarship-funding organization no less
1490
frequently than on a quarterly basis.
1491
(14) PRESERVATION OF CREDIT.--If any provision or portion
1492
of subsection (5) or the application thereof to any person or
1493
circumstance is held unconstitutional by any court or is
1494
otherwise declared invalid, the unconstitutionality or invalidity
1495
shall not affect any credit earned under subsection (5) by any
1496
taxpayer with respect to any contribution paid to an eligible
1497
nonprofit scholarship-funding organization before the date of a
1498
determination of unconstitutionality or invalidity. Such credit
1499
shall be allowed at such time and in such a manner as if a
1500
determination of unconstitutionality or invalidity had not been
1501
made, provided that nothing in this subsection by itself or in
1502
combination with any other provision of law shall result in the
1503
allowance of any credit to any taxpayer in excess of one dollar
1504
of credit for each dollar paid to an eligible nonprofit
1505
scholarship-funding organization.
1506
Section 11. Corporate Income Tax Credit Scholarship Program
1507
funding.--
1508
(1) By December 1, 2008, the Office of Program Policy
1509
Analysis and Government Accountability shall submit a report to
1510
the Governor, the President of the Senate, and the Speaker of the
1511
House of Representatives which:
1512
(a) Reviews the advisability and net state fiscal impact
1513
of:
1514
1. Increasing the maximum annual amount of credits for the
1515
corporate income tax permitted under s. 220.187, Florida
1516
Statutes, for the scholarship program.
1517
2. Authorizing the use of credits for insurance premium
1518
taxes under chapter 624, Florida Statutes, as an additional
1519
source of funding for the scholarship program under s. 220.187,
1520
Florida Statutes.
1521
(b) Provides recommendations, if warranted by the review
1522
under paragraph (a):
1523
1. For methodologies to annually or otherwise increase the
1524
maximum annual amount of corporate income tax credits for
1525
scholarship funding.
1526
2. To implement the use of insurance premium tax credits
1527
for scholarship funding.
1528
1529
Such recommendations may only include options that will annually
1530
produce a neutral or positive net fiscal impact on state revenue
1531
and expenditures.
1532
(2) The Office of Program Policy Analysis and Government
1533
Accountability may request that the Revenue Estimating Conference
1534
and the Education Estimating Conference established under s.
1535
216.134, Florida Statutes, evaluate its findings and
1536
recommendations under this section.
1537
Section 12. Subsection (7) of section 1000.21, Florida
1538
Statutes, is amended to read:
1539
1000.21 Systemwide definitions.--As used in the Florida K-
1540
20 Education Code:
1541
(7) "Sunshine State Standards" or the "Next Generation
1542
Sunshine State Standards" means the state's public K-12
1543
curricular are standards established under s. 1003.41. The term
1544
includes the Sunshine State Standards that are in place for a
1545
subject until the standards for that subject are replaced under
1546
s. 1003.41 by the Next Generation Sunshine State Standards. that
1547
identify what public school students should know and be able to
1548
do. These standards delineate the academic achievement of
1549
students for which the state will hold its public schools
1550
accountable in grades K-2, 3-5, 6-8, and 9-12, in the subjects of
1551
language arts, mathematics, science, social studies, the arts,
1552
health and physical education, foreign languages, reading,
1553
writing, history, government, geography, economics, and computer
1554
literacy.
1555
Section 13. Subsection (1) of section 1001.03, Florida
1556
Statutes, is amended to read:
1557
1001.03 Specific powers of State Board of Education.--
1558
(1) PUBLIC K-12 CURRICULAR STUDENT PERFORMANCE
1559
STANDARDS.--The State Board of Education shall adopt and
1560
periodically review and revise approve the student performance
1561
standards known as the Sunshine State Standards in accordance
1562
with s. 1003.41 key academic subject areas and grade levels. The
1563
state board shall establish a schedule to facilitate the periodic
1564
review of the standards to ensure adequate rigor, relevance,
1565
logical student progression, and integration of reading, writing,
1566
and mathematics across all subject areas. The standards review by
1567
subject area must include participation of curriculum leaders in
1568
other content areas, including the arts, to ensure valid content
1569
area integration and to address the instructional requirements of
1570
different learning styles. The process for review and proposed
1571
revisions must include leadership and input from the state's
1572
classroom teachers, school administrators, and community colleges
1573
and universities, and from representatives from business and
1574
industry who are identified by local education foundations. A
1575
report including proposed revisions must be submitted to the
1576
Governor, the President of the Senate, and the Speaker of the
1577
House of Representatives annually to coincide with the
1578
established review schedule. The review schedule and an annual
1579
status report must be submitted to the Governor, the President of
1580
the Senate, and the Speaker of the House of Representatives
1581
annually not later than January 1.
1582
Section 14. Subsection (3) of section 1001.41, Florida
1583
Statutes, is amended to read:
1584
1001.41 General powers of district school board.--The
1585
district school board, after considering recommendations
1586
submitted by the district school superintendent, shall exercise
1587
the following general powers:
1588
(3) Prescribe and Adopt standards and policies that to
1589
provide each student the opportunity to receive a complete
1590
education program, including instruction in the core curricular
1591
content established in language arts, mathematics, science,
1592
social studies, health, physical education, foreign languages,
1593
and the arts, as defined by the Next Generation Sunshine State
1594
Standards. The standards and policies must emphasize integration
1595
and reinforcement of reading, writing, and mathematics skills
1596
across all subjects, including career awareness, career
1597
exploration, and Career and technical education standards and
1598
policies must integrate with and reinforce the Next Generation
1599
Sunshine State Standards.
1600
Section 15. Paragraph (a) of subsection (1) of section
1601
1001.452, Florida Statutes, is amended to read:
1602
1001.452 District and school advisory councils.--
1603
(1) ESTABLISHMENT.--
1604
(a) The district school board shall establish an advisory
1605
council for each school in the district and shall develop
1606
procedures for the election and appointment of advisory council
1607
members. Each school advisory council shall include in its name
1608
the words "school advisory council." The school advisory council
1609
shall be the sole body responsible for final decisionmaking at
1610
the school relating to implementation of the provisions of ss.
1611
1001.42(16) and 1008.345. A majority of the members of each
1612
school advisory council must be persons who are not employed by
1613
the school district. Each advisory council shall be composed of
1614
the principal and an appropriately balanced number of teachers,
1615
education support employees, students, parents, and other
1616
business and community citizens who are representative of the
1617
ethnic, racial, and economic community served by the school.
1618
Career center and high school advisory councils shall include
1619
students, and middle and junior high school advisory councils may
1620
include students. School advisory councils of career centers and
1621
adult education centers are not required to include parents as
1622
members. Council members representing teachers, education support
1623
employees, students, and parents shall be elected by their
1624
respective peer groups at the school in a fair and equitable
1625
manner as follows:
1626
1. Teachers shall be elected by teachers.
1627
2. Education support employees shall be elected by
1628
education support employees.
1629
3. Students shall be elected by students.
1630
4. Parents shall be elected by parents.
1631
1632
The district school board shall establish procedures for use by
1633
schools in selecting business and community members that include
1634
means of ensuring wide notice of vacancies and of taking input on
1635
possible members from local business, chambers of commerce,
1636
community and civic organizations and groups, and the public at
1637
large. The district school board shall review the membership
1638
composition of each advisory council. If the district school
1639
board determines that the membership elected by the school is not
1640
representative of the ethnic, racial, and economic community
1641
served by the school, the district school board shall appoint
1642
additional members to achieve proper representation. The
1643
commissioner shall determine if schools have maximized their
1644
efforts to include on their advisory councils minority persons
1645
and persons of lower socioeconomic status. Although schools are
1646
strongly encouraged to establish school advisory councils, the
1647
district school board of any school district that has a student
1648
population of 10,000 or fewer may establish a district advisory
1649
council which shall include at least one duly elected teacher
1650
from each school in the district. For the purposes of school
1651
advisory councils and district advisory councils, the term
1652
"teacher" shall include classroom teachers, certified student
1653
services personnel, and media specialists. For purposes of this
1654
paragraph, "education support employee" means any person employed
1655
by a school who is not defined as instructional or administrative
1656
personnel pursuant to s. 1012.01 and whose duties require 20 or
1657
more hours in each normal working week.
1658
Section 16. Section 1003.41, Florida Statutes, is amended
1659
to read:
1660
1003.41 Sunshine State Standards.--
1661
(1) Public K-12 educational instruction in Florida is based
1662
on the "Sunshine State Standards." The State Board of Education
1663
shall review the Sunshine State Standards and replace them with
1664
the Next Generation Sunshine State Standards that establish the
1665
core content of the curricula to be taught in this state and that
1666
specify the core content knowledge and skills that the next
1667
generation of K-12 public school students are expected to
1668
acquire. The Next Generation Sunshine State Standards must, at a
1669
minimum:
1670
(a) Establish the core curricular content for language
1671
arts, science, mathematics, and social studies, as follows:
1672
1. Language arts standards must establish specific
1673
curricular content for, at a minimum, the reading process,
1674
literary analysis, the writing process, writing applications,
1675
communication, and information and media literacy. The standards
1676
must include distinct grade-level expectations for the core
1677
content knowledge and skills that a student is expected to have
1678
acquired by each individual grade level from kindergarten through
1679
grade 8. The standards for grades 9-12 may be organized by grade
1680
clusters of more than one grade level or strands within the
1681
content area. The State Board of Education shall, in accordance
1682
with the expedited schedule established under subsection (2),
1683
review and replace the language arts standards adopted by the
1684
state board in 2007 with Next Generation Sunshine State Standards
1685
that comply with this subparagraph.
1686
2. Science standards must establish specific curricular
1687
content for, at a minimum, the nature of science, earth and space
1688
science, physical science, and life science. The standards must
1689
include distinct grade-level expectations for the core content
1690
knowledge and skills that a student is expected to have acquired
1691
by each individual grade level from kindergarten through grade 8.
1692
The science standards for grades 9 through 12 may be organized by
1693
grade clusters of more than one grade level.
1694
3. Mathematics standards must establish specific curricular
1695
content for, at a minimum, algebra, geometry, probability,
1696
statistics, calculus, discrete mathematics, financial literacy,
1697
and trigonometry. The standards must include distinct grade-level
1698
expectations for the core content knowledge and skills that a
1699
student is expected to have acquired by each individual grade
1700
level from kindergarten through grade 8. The mathematics
1701
standards for grades 9 through 12 may be organized by grade
1702
clusters of more than one grade level.
1703
4. Social studies standards must establish specific
1704
curricular content for, at a minimum, geography, United States
1705
and world history, government, civics, economics, and humanities.
1706
The standards must include distinct grade-level expectations for
1707
the core content knowledge and skills that a student is expected
1708
to have acquired by each individual grade level from kindergarten
1709
through grade 8. The social studies standards for grades 9
1710
through 12 may be organized by grade clusters of more than one
1711
grade level.
1712
(b) Establish the core curricular content for visual and
1713
performing arts, physical education, health, and foreign
1714
languages. Standards for these subjects must establish specific
1715
curricular content and include distinct grade-level expectations
1716
for the core content knowledge and skills that a student is
1717
expected to have acquired by each individual grade level from
1718
kindergarten through grade 5. The standards for grades 6 through
1719
12 may be organized by grade clusters of more than one grade
1720
level.
1721
(c) Identify the core curricular content that a student is
1722
expected to learn for each subject at each individual grade level
1723
in order to acquire the broad background knowledge needed for
1724
reading comprehension.
1725
(d) Be rigorous and relevant and provide for the logical,
1726
sequential progression of core curricular content that
1727
incrementally increases a student's core content knowledge and
1728
skills over time.
1729
(e) Integrate critical-thinking and problem-solving skills;
1730
communication, reading, and writing skills; mathematics skills;
1731
collaboration skills; contextual and applied-learning skills;
1732
technology-literacy skills; information and media-literacy
1733
skills; and civic-engagement skills.
1734
(f) Be organized according to a uniform structure and
1735
format that is consistent for each subject. The Next Generation
1736
Sunshine State Standards shall, for each subject and grade level,
1737
use the same alphanumeric coding system.
1738
(g) Be aligned to expectations for success in postsecondary
1739
education and high-skill, high-wage employment.
1740
(2) By December 31, 2008, the State Board of Education
1741
shall establish an expedited schedule for adoption of the Next
1742
Generation Sunshine State Standards and shall establish by rule a
1743
schedule for the periodic review and revision of the standards.
1744
The state board shall adopt the Next Generation Sunshine State
1745
Standards for each subject by December 31, 2011.
1746
(3)(a) The Commissioner of Education shall develop and
1747
submit to the State Board of Education proposed Next Generation
1748
Sunshine State Standards, and periodically submit proposed
1749
revisions to the standards, for adoption by the state board
1750
according to the schedules established under subsection (2). The
1751
commissioner, in developing the proposed standards, shall consult
1752
with renowned experts on K-12 curricular standards and content in
1753
each subject listed in paragraphs (1)(a) and (b) and shall
1754
consider standards that are implemented by other states or
1755
nations and regarded as exceptionally rigorous by the curricular
1756
and content experts. The commissioner may also consult with
1757
curricular and content experts in other subjects.
1758
(b) The commissioner shall submit the proposed standards
1759
for review and comment by state educators, school administrators,
1760
representatives of community colleges and state universities who
1761
have expertise in the content knowledge and skills necessary to
1762
prepare a student for postsecondary education, and leaders in
1763
business and industry. The commissioner, after considering any
1764
comments and making any revisions to the proposed standards,
1765
shall submit the standards for written evaluation by renowned
1766
experts on K-12 curricular standards and content.
1767
(c) The commissioner, upon finalizing the proposed
1768
standards, shall submit the standards and evaluations by the
1769
curricular and content experts to the Governor, the President of
1770
the Senate, and the Speaker of the House of Representatives at
1771
least 21 days before the State Board of Education considers
1772
adoption of the proposed standards.
1773
(4) The State Board of Education may adopt rules under ss.
1774
120.536(1) and 120.54 to administer this section. These standards
1775
have been adopted by the State Board of Education and delineate
1776
the academic achievement of students, for which the state will
1777
hold schools accountable, in grades K-2, 3-5, 6-8, and 9-12 in
1778
the subjects of language arts, mathematics, science, social
1779
studies, the arts, health and physical education, and foreign
1780
languages. They include standards in reading, writing, history,
1781
government, geography, economics, and computer literacy.
1782
Section 17. Paragraph (i) of subsection (3) of section
1783
1003.413, Florida Statutes, is amended to read:
1784
1003.413 Florida Secondary School Redesign Act.--
1785
(3) Based on these guiding principles, district school
1786
boards shall establish policies to implement the requirements of
1787
ss. 1003.4156, 1003.428, and 1003.493. The policies must address:
1788
(i) An annual review of each high school student's
1789
electronic personal education plan pursuant to s. 1003.4156 and
1790
procedures for high school students who have not prepared an
1791
electronic personal education plan pursuant to s. 1003.4156 to
1792
prepare such plan.
1793
Section 18. Paragraph (a) of subsection (2) and paragraph
1794
(b) of subsection (4) of section 1003.428, Florida Statutes, are
1795
amended to read:
1796
1003.428 General requirements for high school graduation;
1797
revised.--
1798
(2) The 24 credits may be earned through applied,
1799
integrated, and combined courses approved by the Department of
1800
Education and shall be distributed as follows:
1801
(a) Sixteen core curriculum credits:
1802
1. Four credits in English, with major concentration in
1803
composition, reading for information, and literature.
1804
2. Four credits in mathematics, one of which must be
1805
Algebra I, a series of courses equivalent to Algebra I, or a
1806
higher-level mathematics course. School districts are encouraged
1807
to set specific goals to increase enrollments in, and successful
1808
completion of, geometry and Algebra II.
1809
3. Three credits in science, two of which must have a
1810
laboratory component.
1811
4. Three credits in social studies as follows: one credit
1812
in American history; one credit in world history; one-half credit
1813
in economics; and one-half credit in American government.
1814
5. One credit in fine or performing arts, which may include
1815
speech and debate, or a practical arts course that incorporates
1816
artistic content and techniques of creativity, interpretation,
1817
and imagination. Eligible practical arts courses shall be
1818
identified through the Course Code Directory.
1819
6. One credit in physical education to include integration
1820
of health. Participation in an interscholastic sport at the
1821
junior varsity or varsity level for two full seasons shall
1822
satisfy the one-credit requirement in physical education if the
1823
student passes a competency test on personal fitness with a score
1824
of "C" or better. The competency test on personal fitness must be
1825
developed by the Department of Education. A district school board
1826
may not require that the one credit in physical education be
1827
taken during the 9th grade year. Completion of one semester with
1828
a grade of "C" or better in a marching band class, in a physical
1829
activity class that requires participation in marching band
1830
activities as an extracurricular activity, or in a dance class
1831
shall satisfy one-half credit in physical education or one-half
1832
credit in performing arts. This credit may not be used to satisfy
1833
the personal fitness requirement or the requirement for adaptive
1834
physical education under an individual education plan (IEP) or
1835
504 plan. Completion of 2 years in a Reserve Officer Training
1836
Corps (R.O.T.C.) class, a significant component of which is
1837
drills, shall satisfy the one-credit requirement in physical
1838
education and the one-credit requirement in performing arts. This
1839
credit may not be used to satisfy the personal fitness
1840
requirement or the requirement for adaptive physical education
1841
under an individual education plan (IEP) or 504 plan.
1842
(4) Each district school board shall establish standards
1843
for graduation from its schools, which must include:
1844
(b) Earning passing scores on the FCAT, as defined in s.
1845
1008.22(3)(c), or scores on a standardized test that are
1846
concordant with passing scores on the FCAT as defined in s.
1847
1008.22(10) s. 1008.22(9).
1848
1849
Each district school board shall adopt policies designed to
1850
assist students in meeting the requirements of this subsection.
1851
These policies may include, but are not limited to: forgiveness
1852
policies, summer school or before or after school attendance,
1853
special counseling, volunteers or peer tutors, school-sponsored
1854
help sessions, homework hotlines, and study skills classes.
1855
Forgiveness policies for required courses shall be limited to
1856
replacing a grade of "D" or "F," or the equivalent of a grade of
1857
"D" or "F," with a grade of "C" or higher, or the equivalent of a
1858
grade of "C" or higher, earned subsequently in the same or
1859
comparable course. Forgiveness policies for elective courses
1860
shall be limited to replacing a grade of "D" or "F," or the
1861
equivalent of a grade of "D" or "F," with a grade of "C" or
1862
higher, or the equivalent of a grade of "C" or higher, earned
1863
subsequently in another course. The only exception to these
1864
forgiveness policies shall be made for a student in the middle
1865
grades who takes any high school course for high school credit
1866
and earns a grade of "C," "D," or "F" or the equivalent of a
1867
grade of "C," "D," or "F." In such case, the district forgiveness
1868
policy must allow the replacement of the grade with a grade of
1869
"C" or higher, or the equivalent of a grade of "C" or higher,
1870
earned subsequently in the same or comparable course. In all
1871
cases of grade forgiveness, only the new grade shall be used in
1872
the calculation of the student's grade point average. Any course
1873
grade not replaced according to a district school board
1874
forgiveness policy shall be included in the calculation of the
1875
cumulative grade point average required for graduation.
1876
Section 19. Section 1003.4285, Florida Statutes, is created
1877
to read:
1878
1003.4285 Standard high school diploma designations.--By
1879
the 2008-2009 school year, each standard high school diploma
1880
shall include, as applicable:
1881
(1) A designation of the student's major area of interest
1882
pursuant to the student's completion of credits as provided in s.
1883
1003.428.
1884
(2) A designation reflecting completion of accelerated
1885
college credit courses if the student is eligible for college
1886
credit pursuant to s. 1007.27 in four or more advanced placement,
1887
International Baccalaureate, Advanced International Certificate
1888
of Education, or dual enrollment courses. The Commissioner of
1889
Education shall establish guidelines for successful passage of
1890
examinations or coursework in each of the accelerated college
1891
credit options for purposes of this subsection.
1892
(3) A designation reflecting career education certification
1893
in accordance with s. 1003.431.
1894
(4) A designation reflecting Florida Ready to Work
1895
Certification in accordance with s. 1004.99.
1896
Section 20. Paragraph (a) of subsection (6) of section
1897
1003.429, Florida Statutes, is amended to read:
1898
1003.429 Accelerated high school graduation options.--
1899
(6) Students pursuing accelerated 3-year high school
1900
graduation options pursuant to paragraph (1)(b) or paragraph
1901
(1)(c) are required to:
1902
(a) Earn passing scores on the FCAT as defined in s.
1903
1008.22(3)(c) or scores on a standardized test that are
1904
concordant with passing scores on the FCAT as defined in s.
1905
1008.22(10) s. 1008.22(9).
1906
1907
Weighted grades referred to in paragraphs (b), (c), and (d) shall
1908
be applied to those courses specifically listed or identified by
1909
the department as rigorous pursuant to s. 1009.531(3) or weighted
1910
by the district school board for class ranking purposes.
1911
Section 21. Paragraph (a) of subsection (5) of section
1912
1003.43, Florida Statutes, is amended to read:
1913
1003.43 General requirements for high school graduation.--
1914
(5) Each district school board shall establish standards
1915
for graduation from its schools, and these standards must
1916
include:
1917
(a) Earning passing scores on the FCAT, as defined in s.
1918
1008.22(3)(c), or scores on a standardized test that are
1919
concordant with passing scores on the FCAT as defined in s.
1920
1008.22(10) s. 1008.22(9).
1921
1922
The standards required in this subsection, and any subsequent
1923
modifications, shall be reprinted in the Florida Administrative
1924
Code even though not defined as "rules."
1925
Section 22. Subsection (1) of section 1003.433, Florida
1926
Statutes, is amended to read:
1927
1003.433 Learning opportunities for out-of-state and out-
1928
of-country transfer students and students needing additional
1929
instruction to meet high school graduation requirements.--
1930
(1) Students who enter a Florida public school at the
1931
eleventh or twelfth grade from out of state or from a foreign
1932
country shall not be required to spend additional time in a
1933
Florida public school in order to meet the high school course
1934
requirements if the student has met all requirements of the
1935
school district, state, or country from which he or she is
1936
transferring. Such students who are not proficient in English
1937
should receive immediate and intensive instruction in English
1938
language acquisition. However, to receive a standard high school
1939
diploma, a transfer student must earn a 2.0 grade point average
1940
and pass the grade 10 FCAT required in s. 1008.22(3) or an
1941
alternate assessment as described in s. 1008.22(10) s.
1942
1008.22(9).
1943
Section 23. Paragraph (d) of subsection (6) of section
1944
1003.63, Florida Statutes, is amended to read:
1945
1003.63 Deregulated public schools pilot program.--
1946
(6) ELEMENTS OF THE PROPOSAL.--The major issues involving
1947
the operation of a deregulated public school shall be considered
1948
in advance and written into the proposal.
1949
(d) Upon receipt of the annual report required by paragraph
1950
(b), the Department of Education shall provide the State Board of
1951
Education, the Commissioner of Education, the President of the
1952
Senate, and the Speaker of the House of Representatives with a
1953
copy of each report and an analysis and comparison of the overall
1954
performance of students, to include all students in deregulated
1955
public schools whose scores are counted as part of the statewide
1956
assessment tests, versus comparable public school students in the
1957
district as determined by statewide assessments administered
1958
under s. 1008.22(3) FCAT and district assessment tests and, as
1959
appropriate, the Florida Writes Assessment Test, and other
1960
assessments administered pursuant to s. 1008.22(3).
1961
Section 24. Paragraphs (c) and (d) of subsection (3) of
1962
section 1004.85, Florida Statutes, are amended to read:
1963
1004.85 Postsecondary educator preparation institutes.--
1964
(3) Educator preparation institutes approved pursuant to
1965
this section may offer alternative certification programs
1966
specifically designed for noneducation major baccalaureate degree
1967
holders to enable program participants to meet the educator
1968
certification requirements of s. 1012.56. Such programs shall be
1969
competency-based educator certification preparation programs that
1970
prepare educators through an alternative route. An educator
1971
preparation institute choosing to offer an alternative
1972
certification program pursuant to the provisions of this section
1973
must implement a program previously approved by the Department of
1974
Education for this purpose or a program developed by the
1975
institute and approved by the department for this purpose.
1976
Approved programs shall be available for use by other approved
1977
educator preparation institutes.
1978
(c) Upon completion of an alternative certification program
1979
approved pursuant to this subsection, a participant shall receive
1980
a credential from the sponsoring institution signifying
1981
satisfaction of the requirements of s. 1012.56(6) s. 1012.56(5)
1982
relating to mastery of professional preparation and education
1983
competence. A participant shall be eligible for educator
1984
certification through the Department of Education upon
1985
satisfaction of all requirements for certification set forth in
1986
s. 1012.56(2), including demonstration of mastery of general
1987
knowledge, subject area knowledge, and professional preparation
1988
and education competence, through testing or other statutorily
1989
authorized means.
1990
(d) If an institution offers an alternative certification
1991
program approved pursuant to this subsection, such program may be
1992
used by the school district or districts served by that
1993
institution in addition to the alternative certification program
1994
as required in s. 1012.56(8) s. 1012.56(7).
1995
Section 25. Subsection (3) of section 1004.91, Florida
1996
Statutes, is amended to read:
1997
1004.91 Career-preparatory instruction.--
1998
(3) An adult student with a disability may be exempted from
1999
the provisions of this section. A student who possesses a college
2000
degree at the associate in applied science level or higher is
2001
exempt from this section. A student who has completed or who is
2002
exempt from the college-level communication and computation
2003
skills examination pursuant to s. 1008.29, or who is exempt from
2004
the college entry-level examination pursuant to s. 1008.29, is
2005
exempt from the provisions of this section. Students who have
2006
passed a state, national, or industry licensure exam are exempt
2007
from this section. An adult student who is enrolled in an
2008
apprenticeship program that is registered with the Department of
2009
Education in accordance with the provisions of chapter 446 is
2010
exempt from the provisions of this section.
2011
Section 26. Paragraph (d) of subsection (3) of section
2012
1004.99, Florida Statutes, is amended, present subsection (4) of
2013
that section is renumbered as subsection (5), and a new
2014
subsection (4) is added to that section, to read:
2015
1004.99 Florida Ready to Work Certification Program.--
2016
(3) The Florida Ready to Work Certification Program shall
2017
be composed of:
2018
(d) A Florida Ready to Work Credential certificate and
2019
portfolio awarded to students upon successful completion of the
2020
instruction. Each portfolio must delineate the skills
2021
demonstrated by the student as evidence of the student's
2022
preparation for employment.
2023
(4) A Florida Ready to Work Credential shall be awarded to
2024
a student who successfully passes assessments in Reading for
2025
Information, Applied Mathematics, and Locating Information or any
2026
other assessments of comparable rigor. Each assessment shall be
2027
scored on a scale of 3 to 7. The level of the credential each
2028
student receives is based on the following:
2029
(a) A bronze-level credential requires a minimum score of 3
2030
or above on each of the assessments.
2031
(b) A silver-level credential requires a minimum score of 4
2032
or above on each of the assessments.
2033
(c) A gold-level credential requires a minimum score of 5
2034
or above on each of the assessments.
2035
Section 27. Paragraph (c) of subsection (2) of section
2036
1007.21, Florida Statutes, is amended to read:
2037
1007.21 Readiness for postsecondary education and the
2038
workplace.--
2039
(2)
2040
(c) The common placement test authorized in ss. 1001.03(10)
2041
and 1008.30 or a similar test may be administered to all high
2042
school students second semester sophomores who have chosen one of
2043
the four destinations. The results of the placement test shall be
2044
used to target additional instructional needs in reading,
2045
writing, and mathematics prior to graduation.
2046
Section 28. Paragraph (b) of subsection (2) of section
2047
1007.235, Florida Statutes, is amended to read:
2048
1007.235 District interinstitutional articulation
2049
agreements.--
2050
(2) The district interinstitutional articulation agreement
2051
for each school year must be completed before high school
2052
registration for the fall term of the following school year. The
2053
agreement must include, but is not limited to, the following
2054
components:
2055
(b)1. A delineation of courses and programs available to
2056
students eligible to participate in dual enrollment. This
2057
delineation must include a plan for the community college to
2058
provide guidance services to participating students on the
2059
selection of courses in the dual enrollment program. The process
2060
of community college guidance should make maximum use of the
2061
automated advisement system for community colleges. The plan must
2062
assure that each dual enrollment student is encouraged to
2063
identify a postsecondary education objective with which to guide
2064
the course selection. At a minimum, each student's plan should
2065
include a list of courses that will result in an Applied
2066
Technology Diploma, an Associate in Science degree, or an
2067
Associate in Arts degree. If the student identifies a
2068
baccalaureate degree as the objective, the plan must include
2069
courses that will meet the general education requirements and any
2070
prerequisite requirements for entrance into a selected
2071
baccalaureate degree program.
2072
2. A delineation of the process by which students and their
2073
parents are informed about opportunities to participate in
2074
articulated acceleration programs.
2075
3. A delineation of the process by which students and their
2076
parents exercise their option to participate in an articulated
2077
acceleration program.
2078
4. A delineation of high school credits earned for
2079
completion of each dual enrollment course.
2080
5. Provision for postsecondary courses that meet the
2081
criteria for inclusion in a district articulated acceleration
2082
program to be counted toward meeting the graduation requirements
2083
of s. 1003.43.
2084
6. An identification of eligibility criteria for student
2085
participation in dual enrollment courses and programs.
2086
7. A delineation of institutional responsibilities
2087
regarding student screening prior to enrollment and monitoring
2088
student performance subsequent to enrollment in dual enrollment
2089
courses and programs.
2090
8. An identification of the criteria by which the quality
2091
of dual enrollment courses and programs are to be judged and a
2092
delineation of institutional responsibilities for the maintenance
2093
of instructional quality.
2094
9. A delineation of institutional responsibilities for
2095
assuming the cost of dual enrollment courses and programs that
2096
includes such responsibilities for student instructional
2097
materials.
2098
10. An identification of responsibility for providing
2099
student transportation if the dual enrollment instruction is
2100
conducted at a facility other than the high school campus.
2101
11. A delineation of the process for converting college
2102
credit hours earned through dual enrollment and early admission
2103
programs to high school credit based on mastery of course
2104
outcomes as determined by the Department of Education in
2105
accordance with s. 1007.271(6).
2106
12. An identification of the responsibility of the
2107
postsecondary educational institution for assigning letter grades
2108
for dual enrollment courses and the responsibility of school
2109
districts for posting dual enrollment course grades to the high
2110
school transcript as assigned by the postsecondary institution
2111
awarding the credit.
2112
Section 29. Paragraphs (a) and (c) of subsection (3),
2113
subsections (4) and (5), paragraph (c) of subsection (6), and
2114
subsections (7), (8), (9), (10), and (11) of section 1008.22,
2115
Florida Statutes, are amended to read:
2116
1008.22 Student assessment program for public schools.--
2117
(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
2118
design and implement a statewide program of educational
2119
assessment that provides information for the improvement of the
2120
operation and management of the public schools, including schools
2121
operating for the purpose of providing educational services to
2122
youth in Department of Juvenile Justice programs. The
2123
commissioner may enter into contracts for the continued
2124
administration of the assessment, testing, and evaluation
2125
programs authorized and funded by the Legislature. Contracts may
2126
be initiated in 1 fiscal year and continue into the next and may
2127
be paid from the appropriations of either or both fiscal years.
2128
The commissioner is authorized to negotiate for the sale or lease
2129
of tests, scoring protocols, test scoring services, and related
2130
materials developed pursuant to law. Pursuant to the statewide
2131
assessment program, the commissioner shall:
2132
(a) Submit proposed Next Generation Sunshine State
2133
Standards to the State Board of Education for adoption and
2134
periodic review and revision under s. 1003.41 a list that
2135
specifies student skills and competencies to which the goals for
2136
education specified in the state plan apply, including, but not
2137
limited to, reading, writing, science, and mathematics. The
2138
skills and competencies must include problem-solving and higher-
2139
order skills as appropriate and shall be known as the Sunshine
2140
State Standards as defined in s. 1000.21. The commissioner shall
2141
select such skills and competencies after receiving
2142
recommendations from educators, citizens, and members of the
2143
business community. The commissioner shall submit to the State
2144
Board of Education revisions to the list of student skills and
2145
competencies in order to maintain continuous progress toward
2146
improvements in student proficiency.
2147
(c) Develop and implement a student achievement testing
2148
program known as the Florida Comprehensive Assessment Test (FCAT)
2149
as part of the statewide assessment program to measure reading,
2150
writing, science, and mathematics. Other content areas may be
2151
included as directed by the commissioner. The assessment of
2152
reading and mathematics shall be administered annually in grades
2153
3 through 10. The assessment of writing and science shall be
2154
administered at least once at the elementary, middle, and high
2155
school levels. End-of-course assessments may be administered in
2156
addition to the comprehensive assessments required under this
2157
paragraph. An end-of-course assessment must be rigorous,
2158
standardized, and approved by the department. The content
2159
knowledge and skills assessed by comprehensive and end-of-course
2160
assessments must be aligned to the core curricular content
2161
established in the Sunshine State Standards. The Commissioner of
2162
Education may select one or more nationally developed
2163
comprehensive examinations, which may include, but need not be
2164
limited to, examinations for a College Board Advanced Placement
2165
course, International Baccalaureate course, industry-approved
2166
examinations to earn national industry certifications as defined
2167
in s. 1003.492, or Advanced International Certificate of
2168
Education course, for use as end-of-course assessments under this
2169
paragraph, if the Commissioner determines that the content
2170
knowledge and skills assessed by the examinations meet or exceed
2171
the grade-level expectations of the Sunshine State Standards for
2172
the course. The commissioner may collaborate with the American
2173
Diploma Project in the adoption or development of rigorous end-
2174
of-course assessments that are aligned to state curriculum
2175
standards. The commissioner must document the procedures used to
2176
ensure that the versions of the FCAT which are taken by students
2177
retaking the grade 10 FCAT are equally as challenging and
2178
difficult as the tests taken by students in grade 10 which
2179
contain performance tasks. The testing program must be designed
2180
as follows so that:
2181
1. The tests shall measure student skills and competencies
2182
adopted by the State Board of Education as specified in paragraph
2183
(a). The tests must measure and report student proficiency levels
2184
of all students assessed in reading, writing, mathematics, and
2185
science. The commissioner shall provide for the tests to be
2186
developed or obtained, as appropriate, through contracts and
2187
project agreements with private vendors, public vendors, public
2188
agencies, postsecondary educational institutions, or school
2189
districts. The commissioner shall obtain input with respect to
2190
the design and implementation of the testing program from state
2191
educators, assistive technology experts, and the public.
2192
2. The testing program shall be composed will include a
2193
combination of norm-referenced and criterion-referenced tests
2194
that shall and include, to the extent determined by the
2195
commissioner, include test items questions that require the
2196
student to produce information or perform tasks in such a way
2197
that the core content knowledge and skills and competencies he or
2198
she uses can be measured.
2199
3. Beginning with the 2008-2009 school year, the
2200
commissioner shall discontinue administration of the selected-
2201
response test items on the comprehensive assessments of writing.
2202
Beginning with the 2012-2013 school year, the comprehensive
2203
assessments of writing shall be composed of a combination of
2204
selected-response test items, short-response performance tasks,
2205
and extended-response performance tasks, which shall measure a
2206
student's content knowledge of writing, including, but not
2207
limited to, paragraph and sentence structure, sentence
2208
construction, grammar and usage, punctuation, capitalization,
2209
spelling, parts of speech, verb tense, irregular verbs, subject-
2210
verb agreement, and noun-pronoun agreement. Each testing program,
2211
whether at the elementary, middle, or high school level, includes
2212
a test of writing in which students are required to produce
2213
writings that are then scored by appropriate and timely methods.
2214
4. A score shall be is designated for each subject area
2215
tested, below which score a student's performance is deemed
2216
inadequate. The school districts shall provide appropriate
2217
remedial instruction to students who score below these levels.
2218
5. Except as provided in s. 1003.428(8)(b) or s.
2219
1003.43(11)(b), students must earn a passing score on the grade
2220
10 assessment test described in this paragraph or attain
2221
concordant scores as described in subsection (9) in reading,
2222
writing, and mathematics to qualify for a standard high school
2223
diploma. The State Board of Education shall designate a passing
2224
score for each part of the grade 10 assessment test. In
2225
establishing passing scores, the state board shall consider any
2226
possible negative impact of the test on minority students. The
2227
State Board of Education shall adopt rules which specify the
2228
passing scores for the grade 10 FCAT. Any such rules, which have
2229
the effect of raising the required passing scores, shall only
2230
apply only to students taking the grade 10 FCAT for the first
2231
time after such rules are adopted by the State Board of
2232
Education.
2233
6. Participation in the testing program is mandatory for
2234
all students attending public school, including students served
2235
in Department of Juvenile Justice programs, except as otherwise
2236
prescribed by the commissioner. If a student does not participate
2237
in the statewide assessment, the district must notify the
2238
student's parent and provide the parent with information
2239
regarding the implications of such nonparticipation. A parent
2240
must provide signed consent for a student to receive classroom
2241
instructional accommodations that would not be available or
2242
permitted on the statewide assessments and must acknowledge in
2243
writing that he or she understands the implications of such
2244
instructional accommodations. The State Board of Education shall
2245
adopt rules, based upon recommendations of the commissioner, for
2246
the provision of test accommodations for students in exceptional
2247
education programs and for students who have limited English
2248
proficiency. Accommodations that negate the validity of a
2249
statewide assessment are not allowable in the administration of
2250
the FCAT. However, instructional accommodations are allowable in
2251
the classroom if included in a student's individual education
2252
plan. Students using instructional accommodations in the
2253
classroom that are not allowable as accommodations on the FCAT
2254
may have the FCAT requirement waived pursuant to the requirements
2255
of s. 1003.428(8)(b) or s. 1003.43(11)(b).
2256
7. A student seeking an adult high school diploma must meet
2257
the same testing requirements that a regular high school student
2258
must meet.
2259
8. District school boards must provide instruction to
2260
prepare students to demonstrate proficiency in the skills and
2261
competencies necessary for successful grade-to-grade progression
2262
and high school graduation. If a student is provided with
2263
instructional accommodations in the classroom that are not
2264
allowable as accommodations in the statewide assessment program,
2265
as described in the test manuals, the district must inform the
2266
parent in writing and must provide the parent with information
2267
regarding the impact on the student's ability to meet expected
2268
proficiency levels in reading, writing, and math. The
2269
commissioner shall conduct studies as necessary to verify that
2270
the required skills and competencies are part of the district
2271
instructional programs.
2272
9. District school boards must provide opportunities for
2273
students to demonstrate an acceptable level of performance on an
2274
alternative standardized assessment approved by the State Board
2275
of Education following enrollment in summer academies.
2276
10. The Department of Education must develop, or select,
2277
and implement a common battery of assessment tools that will be
2278
used in all juvenile justice programs in the state. These tools
2279
must accurately measure the skills and competencies established
2280
in the Sunshine State Standards.
2281
11. For students seeking a special diploma pursuant to s.
2282
1003.438, the Department of Education must develop or select and
2283
implement an alternate assessment tool that accurately measures
2284
the skills and competencies established in the Sunshine State
2285
Standards for students with disabilities under s. 1003.438.
2286
12. The Commissioner of Education shall establish schedules
2287
for the administration of statewide assessments and the reporting
2288
of student test results. The commissioner shall, by August 1 of
2289
each year, notify each school district in writing and publish on
2290
the department's Internet website the testing and reporting
2291
schedules for, at a minimum, the school year following the
2292
upcoming school year. The testing and reporting schedules shall
2293
require that:
2294
a. There is the latest possible administration of statewide
2295
assessments and the earliest possible reporting to the school
2296
districts of student test results which is feasible within
2297
available technology and specific appropriations; however, test
2298
results must be made available no later than the final day of the
2299
regular school year for students.
2300
b. Beginning with the 2010-2011 school year, a
2301
comprehensive statewide assessment of writing is not administered
2302
earlier than the week of March 1 and a comprehensive statewide
2303
assessment of any other subject is not administered earlier than
2304
the week of April 15.
2305
c. The department-approved, end-of-course assessment is
2306
administered within the last 2 weeks of the course.
2307
2308
The commissioner may, based on collaboration and input from
2309
school districts, design and implement student testing programs,
2310
for any grade level and subject area, necessary to effectively
2311
monitor educational achievement in the state, including the
2312
measurement of educational achievement of the Sunshine State
2313
Standards for students with disabilities. Development and
2314
refinement of assessments shall include universal design
2315
principles and accessibility standards that will prevent any
2316
unintended obstacles for students with disabilities while
2317
ensuring the validity and reliability of the test. These
2318
principles should be applicable to all technology platforms and
2319
assistive devices available for the assessments. The field
2320
testing process and psychometric analyses for the statewide
2321
assessment program must include an appropriate percentage of
2322
students with disabilities and an evaluation or determination of
2323
the effect of test items on such students.
2324
(4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
2325
ACTIVITIES.--Beginning with the 2008-2009 school year, a district
2326
school board shall prohibit each public school from suspending a
2327
regular program of curricula for purposes of administering
2328
practice tests or engaging in other test-preparation activities
2329
for a statewide assessment. However, a district school board may
2330
authorize a public school to engage in the following test-
2331
preparation activities for a statewide assessment:
2332
(a) Distributing to students the sample test books and
2333
answer keys published by the Department of Education;
2334
(b) Providing individualized instruction in test-taking
2335
strategies, without suspending the school's regular program of
2336
curricula, for a student who scores at Level 1 or Level 2 on a
2337
prior administration of the statewide assessment;
2338
(c) Providing individualized instruction in the content
2339
knowledge and skills assessed, without suspending the school's
2340
regular program of curricula, for a student who scores at Level 1
2341
or Level 2 on a prior administration of the statewide assessment,
2342
or a student who, through a diagnostic assessment administered by
2343
the school district, is identified as having a deficiency in the
2344
content knowledge and skills assessed;
2345
(d) Incorporating test-taking exercises and strategies
2346
into curricula for intensive reading and mathematics intervention
2347
courses; and
2348
(e) Administering a practice test or engaging in other
2349
test-preparation activities for the statewide assessment which
2350
are determined necessary to familiarize students with the
2351
organization of the assessment, the format of the test items, and
2352
the test directions, or which are otherwise necessary for the
2353
valid and reliable administration of the assessment, as set forth
2354
in rules adopted by the State Board of Education with specific
2355
reference to this paragraph.
2356
(5)(4) DISTRICT TESTING PROGRAMS.--Each district school
2357
board shall periodically assess student performance and
2358
achievement within each school of the district. The assessment
2359
programs must be based upon local goals and objectives that are
2360
compatible with the state plan for education and that supplement
2361
the skills and competencies adopted by the State Board of
2362
Education. All school districts must participate in the statewide
2363
assessment program designed to measure annual student learning
2364
and school performance. All district school boards shall report
2365
assessment results as required by the state management
2366
information system.
2367
(6)(5) SCHOOL TESTING PROGRAMS.--Each public school shall
2368
participate in the statewide assessment program, unless
2369
specifically exempted by state board rule based on serving a
2370
specialized population for which standardized testing is not
2371
appropriate. Student performance data shall be analyzed and
2372
reported to parents, the community, and the state. Student
2373
performance data shall be used in developing objectives of the
2374
school improvement plan, evaluation of instructional personnel,
2375
evaluation of administrative personnel, assignment of staff,
2376
allocation of resources, acquisition of instructional materials
2377
and technology, performance-based budgeting, and promotion and
2378
assignment of students into educational programs. The analysis of
2379
student performance data also must identify strengths and needs
2380
in the educational program and trends over time. The analysis
2381
must be used in conjunction with the budgetary planning processes
2382
developed pursuant to s. 1008.385 and the development of the
2383
programs of remediation.
2384
(7)(6) REQUIRED ANALYSES.--The commissioner shall provide,
2385
at a minimum, for the following analyses of data produced by the
2386
student achievement testing program:
2387
(c) The annual testing program shall be administered to
2388
provide for valid statewide comparisons of learning gains to be
2389
made for purposes of accountability and recognition. The
2390
commissioner shall establish a schedule for the administration of
2391
the statewide assessments. In establishing such schedule, the
2392
commissioner is charged with the duty to accomplish the latest
2393
possible administration of the statewide assessments and the
2394
earliest possible provision of the results to the school
2395
districts feasible within available technology and specific
2396
appropriation. District school boards shall not establish school
2397
calendars that jeopardize or limit the valid testing and
2398
comparison of student learning gains.
2399
(8)(7) LOCAL ASSESSMENTS.--Measurement of the learning
2400
gains of students in all subjects and grade levels other than
2401
subjects and grade levels required for the state student
2402
achievement testing program is the responsibility of the school
2403
districts.
2404
(9)(8) APPLICABILITY OF TESTING STANDARDS.--
2405
(a) If the Commissioner of Education revises a statewide
2406
assessment and the revisions require the State Board of Education
2407
to modify the assessment's proficiency levels or modify the
2408
passing scores required for a standard high school diploma, until
2409
the state board adopts the modifications by rule the commissioner
2410
shall use calculations for scoring the assessment which adjust
2411
student scores on the revised assessment for statistical
2412
equivalence to student scores on the former assessment.
2413
(b) A student must attain meet the passing scores on the
2414
statewide assessment required testing requirements for a standard
2415
high school diploma which are graduation that were in effect at
2416
the time the student enters entered 9th grade 9 if, provided the
2417
student's enrollment is was continuous.
2418
(c) If the commissioner revises a statewide assessment and
2419
the revisions require the State Board of Education to modify the
2420
passing scores required for a standard high school diploma, the
2421
commissioner may, with approval of the state board, discontinue
2422
administration of the former assessment upon the graduation,
2423
based on normal student progression, of students participating in
2424
the final regular administration of the former assessment. The
2425
state board shall adopt by rule passing scores for the revised
2426
assessment which are statistically equivalent to passing scores
2427
on the discontinued assessment for a student required under
2428
paragraph (b) to attain passing scores on the discontinued
2429
assessment.
2430
(10)(9) CONCORDANT SCORES FOR THE FCAT.--
2431
(a) The State Board of Education shall analyze the content
2432
and concordant data sets for widely used high school achievement
2433
tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
2434
and College Placement Test, to assess if concordant scores for
2435
FCAT scores can be determined for high school graduation, college
2436
placement, and scholarship awards. In cases where content
2437
alignment and concordant scores can be determined, the
2438
Commissioner of Education shall adopt those scores as meeting the
2439
graduation requirement in lieu of achieving the FCAT passing
2440
score and may adopt those scores as being sufficient to achieve
2441
additional purposes as determined by rule. Each time that test
2442
content or scoring procedures change are changed for the FCAT or
2443
for a high school achievement test for which a concordant score
2444
is determined one of the identified tests, new concordant scores
2445
must be determined.
2446
(b) In order to use a concordant subject area score
2447
pursuant to this subsection to satisfy the assessment requirement
2448
for a standard high school diploma as provided in s.
2449
1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
2450
take each subject area of the grade 10 FCAT a total of three
2451
times without earning a passing score. The requirements of this
2452
paragraph shall not apply to a new student who enters the Florida
2453
public school system in grade 12, who may either achieve a
2454
passing score on the FCAT or use an approved subject area
2455
concordant score to fulfill the graduation requirement.
2456
(c) The State Board of Education may define by rule the
2457
allowable uses, other than to satisfy the high school graduation
2458
requirement, for concordant scores as described in this
2459
subsection. Such uses may include, but need not be limited to,
2460
achieving appropriate standardized test scores required for the
2461
awarding of Florida Bright Futures Scholarships and college
2462
placement.
2463
(11)(10) REPORTS.--The Department of Education shall
2464
annually provide a report to the Governor, the President of the
2465
Senate, and the Speaker of the House of Representatives on the
2466
following:
2467
(a) Longitudinal performance of students in mathematics and
2468
reading.
2469
(b) Longitudinal performance of students by grade level in
2470
mathematics and reading.
2471
(c) Longitudinal performance regarding efforts to close the
2472
achievement gap.
2473
(d) Longitudinal performance of students on the norm-
2474
referenced component of the FCAT.
2475
(d)(e) Other student performance data based on national
2476
norm-referenced and criterion-referenced tests, when available,
2477
and numbers of students who after 8th grade enroll in adult
2478
education rather than other secondary education.
2479
(12)(11) RULES.--The State Board of Education shall adopt
2480
rules pursuant to ss. 120.536(1) and 120.54 to implement the
2481
provisions of this section.
2482
Section 30. Subsection (3) of section 1008.30, Florida
2483
Statutes, is amended to read:
2484
1008.30 Common placement testing for public postsecondary
2485
education.--
2486
(3) The State Board of Education shall adopt rules that
2487
would require high schools to give the common placement test
2488
prescribed in this section, or an equivalent test identified by
2489
the State Board of Education, at the beginning of the tenth grade
2490
year before enrollment in the eleventh grade year in public high
2491
school for the purpose of obtaining remedial instruction prior to
2492
entering public postsecondary education. The Department of
2493
Education shall purchase or develop assessments to evaluate the
2494
college readiness of eleventh grade students who may be at risk
2495
of needing remediation in reading or mathematics prior to
2496
enrollment in postsecondary institutions. The department shall
2497
work with school districts to administer the assessments during
2498
the 2008-2009 school year. To the maximum extent practicable, a
2499
school district shall provide twelfth grade students who need
2500
remediation and who indicate an interest in postsecondary
2501
education with access to appropriate remediation courses to
2502
mitigate remediation at the postsecondary level.
2503
Section 31. Paragraph (c) of subsection (1) of section
2504
1008.31, Florida Statutes, is amended to read:
2505
1008.31 Florida's K-20 education performance accountability
2506
system; legislative intent; mission, goals, and systemwide
2507
measures; data quality improvements.--
2508
(1) LEGISLATIVE INTENT.--It is the intent of the
2509
Legislature that:
2510
(c) The K-20 education performance accountability system
2511
comply with the accountability requirements of the "No Child Left
2512
Behind Act of 2001," Pub. L. No. 107-110, and the Individuals
2513
with Disabilities Education Act (IDEA).
2514
Section 32. Subsection (3) of section 1008.34, Florida
2515
Statutes, is amended, and subsection (8) is added to that
2516
section, to read:
2517
1008.34 School grading system; school report cards;
2518
district grade.--
2519
(3) DESIGNATION OF SCHOOL GRADES.--
2520
(a) Schools receiving a school grade.--Each school that has
2521
students who are tested and included in the school grading
2522
system, except an alternative school that receives a school
2523
improvement rating pursuant to s. 1008.341, shall receive a
2524
school grade, except as follows:
2525
1. A school shall not receive a school grade if the number
2526
of its students tested and included in the school grading system
2527
are fewer than the minimum sample size necessary, based on
2528
accepted professional practice, for statistical reliability and
2529
prevention of the unlawful release of personally identifiable
2530
student data under s. 1002.22 or 20 U.S.C. s. 1232g.; however,
2531
2. An alternative school may choose to receive a school
2532
grade under this section or in lieu of a school improvement
2533
rating under s. 1008.341.
2534
3. Additionally, A school that serves any combination of
2535
students in kindergarten through grade 3 which does not receive a
2536
school grade because its students are not tested and included in
2537
the school grading system shall receive the school grade
2538
designation of a K-3 feeder pattern school identified by the
2539
Department of Education and verified by the school district. A
2540
school feeder pattern exists if at least 60 percent of the
2541
students in the school serving a combination of students in
2542
kindergarten through grade 3 are scheduled to be assigned to the
2543
graded school. School grades itemized in subsection (2) shall be
2544
based on the following:
2545
(b)1.(a) Criteria.--A school's grade shall be based on a
2546
combination of:
2547
a.1. Student achievement scores, including achievement
2548
scores for students seeking a special diploma.
2549
b.2. Student learning gains as measured by annual FCAT
2550
assessments in grades 3 through 10; learning gains for students
2551
seeking a special diploma, as measured by an alternate assessment
2552
tool, shall be included not later than the 2009-2010 school year.
2553
c.3. Improvement of the lowest 25th percentile of students
2554
in the school in reading, math, or writing on the FCAT, unless
2555
these students are exhibiting satisfactory performance.
2556
2. Beginning with the 2009-2010 school year for schools
2557
comprised of high school grades 9, 10, 11, and 12, or grades 10,
2558
11, and 12, 50 percent of the school grade shall be based on a
2559
combination of the factors listed in sub-subparagraphs 1.a.-c.
2560
and the remaining 50 percent on the following factors:
2561
a. The high school graduation rate of the school;
2562
b. As valid data becomes available, the performance and
2563
participation of the school's students in College Board Advanced
2564
Placement courses; International Baccalaureate courses; dual
2565
enrollment courses; Advanced International Certificate of
2566
Education courses; and achievement of industry certification, as
2567
determined by the Agency for Workforce Innovation under s.
2568
1003.492(2) in a career and professional academy, as described in
2569
s. 1003.493;
2570
c. Postsecondary readiness of the school's students as
2571
measured by the SAT, ACT, or the common placement test;
2572
d. The high school graduation rate of at-risk students who
2573
scored at Level 2 or lower on the 8th grade FCAT Reading and
2574
Mathematics examinations;
2575
e. As valid data becomes available, the performance of the
2576
school's students on statewide standardized end-of-course
2577
assessments approved by the Department of Education; and
2578
f. The growth or decline in the components listed in sub-
2579
subparagraphs a. through e. from year to year.
2580
(c)(b) Student assessment data.--Student assessment data
2581
used in determining school grades shall include:
2582
1. The aggregate scores of all eligible students enrolled
2583
in the school who have been assessed on the FCAT.
2584
2. The aggregate scores of all eligible students enrolled
2585
in the school who have been assessed on the FCAT, including
2586
Florida Writes, and who have scored at or in the lowest 25th
2587
percentile of students in the school in reading, math, or
2588
writing, unless these students are exhibiting satisfactory
2589
performance.
2590
3. Effective with the 2005-2006 school year, the
2591
achievement scores and learning gains of eligible students
2592
attending alternative schools that provide dropout prevention and
2593
academic intervention services pursuant to s. 1003.53. The term
2594
"eligible students" in this subparagraph does not include
2595
students attending an alternative school who are subject to
2596
district school board policies for expulsion for repeated or
2597
serious offenses, who are in dropout retrieval programs serving
2598
students who have officially been designated as dropouts, or who
2599
are in programs operated or contracted by the Department of
2600
Juvenile Justice. The student performance data for eligible
2601
students identified in this subparagraph shall be included in the
2602
calculation of the home school's grade. As used in For purposes
2603
of this section and s. 1008.341, the term "home school" means the
2604
school to which the student would be assigned if the student were
2605
not was attending when assigned to an alternative school. If an
2606
alternative school chooses to be graded under pursuant to this
2607
section, student performance data for eligible students
2608
identified in this subparagraph shall not be included in the home
2609
school's grade but shall be included only in the calculation of
2610
the alternative school's grade. A school district that fails to
2611
assign the FCAT scores of all students back to their home school
2612
or to the alternative school that receives a grade shall forfeit
2613
school recognition funds for 1 fiscal year. School districts must
2614
require collaboration between the home school and the alternative
2615
school in order to promote student success. This collaboration
2616
must include an annual discussion between the principal of the
2617
alternative school and the principal of each student's home
2618
school concerning the most appropriate school assignment of the
2619
student.
2620
4. Beginning with the 2009-2010 school year for schools
2621
comprised of high school grades 9, 10, 11, and 12, or grades 10,
2622
11, and 12, the data listed in subparagraphs 1. through 3. and
2623
the following data as the Department of Education determines such
2624
data are valid and available:
2625
a. The high school graduation rate of the school as
2626
calculated by the Department of Education;
2627
b. The participation rate of all eligible students enrolled
2628
in the school and enrolled in College Board Advanced Placement
2629
courses; International Baccalaureate courses; dual enrollment
2630
courses; Advanced International Certificate of Education courses;
2631
and courses or sequence of courses leading to industry
2632
certification, as determined by the Agency for Workforce
2633
Innovation under s. 1003.492(2) in a career and professional
2634
academy, as described in s. 1003.493;
2635
c. The aggregate scores of all eligible students enrolled
2636
in the school in College Board Advanced Placement courses,
2637
International Baccalaureate courses, and Advanced International
2638
Certificate of Education courses;
2639
d. Earning of college credit by all eligible students
2640
enrolled in the school in dual enrollment programs under s.
2641
1007.271;
2642
e. Earning of an industry certification, as determined by
2643
the Agency for Workforce Innovation under s. 1003.492(2) in a
2644
career and professional academy, as described in s. 1003.493;
2645
f. The aggregate scores of all eligible students enrolled
2646
in the school in reading, mathematics, and other subjects as
2647
measured by the SAT, ACT, and common placement test for
2648
postsecondary readiness;
2649
g. The high school graduation rate of all eligible at-risk
2650
students enrolled in the school who scored at Level 2 or lower on
2651
the 8th grade FCAT Reading and Mathematics examinations;
2652
h. The performance of the school's students on statewide
2653
standardized end-of-course assessments approved by the Department
2654
of Education; and
2655
i. The growth or decline in the data components listed in
2656
sub-subparagraphs a. through h. from year to year.
2657
2658
The State Board of Education shall adopt appropriate criteria for
2659
each school grade. The criteria must also give added weight to
2660
student achievement in reading. Schools designated with a grade
2661
of "C," making satisfactory progress, shall be required to
2662
demonstrate that adequate progress has been made by students in
2663
the school who are in the lowest 25th percentile in reading,
2664
math, or writing on the FCAT, including Florida Writes, unless
2665
these students are exhibiting satisfactory performance. Beginning
2666
with the 2009-2010 school year for schools comprised of high
2667
school grades 9, 10, 11, and 12, or grades 10, 11, and 12, the
2668
criteria for school grades must also give added weight to the
2669
graduation rate of all eligible at-risk students, as defined in
2670
this paragraph. Beginning in the 2009-2010 school year, in order
2671
for a high school to be designated as having a grade of "A,"
2672
making excellent progress, the school must demonstrate that at-
2673
risk students, as defined in this paragraph, in the school are
2674
making adequate progress.
2675
(8) RULES.--The State Board of Education shall adopt rules
2676
under ss. 120.536(1) and 120.54 to administer this section.
2677
Section 33. Subsections (2) and (3) of section 1008.341,
2678
Florida Statutes, are amended, and subsection (6) is added to
2679
that section, to read:
2680
1008.341 School improvement rating for alternative
2681
schools.--
2682
(2) SCHOOL IMPROVEMENT RATING.--An alternative school
2683
schools that provides provide dropout prevention and academic
2684
intervention services pursuant to s. 1003.53 shall receive a
2685
school improvement rating pursuant to this section. However, an
2686
alternative school shall not receive a school improvement rating
2687
if the number of its students for whom student performance data
2688
is available for the current year and previous year are fewer
2689
than the minimum sample size necessary, based on acceptable
2690
professional practice, for statistical reliability and prevention
2691
of the unlawful release of personally identifiable student data
2692
under s. 1002.22 or 20 U.S.C. s. 1232g. The school improvement
2693
rating shall identify an alternative school schools as having one
2694
of the following ratings defined according to rules of the State
2695
Board of Education:
2696
(a) "Improving" means the schools with students attending
2697
the school are making more academic progress than when the
2698
students were served in their home schools.
2699
(b) "Maintaining" means the schools with students attending
2700
the school are making progress equivalent to the progress made
2701
when the students were served in their home schools.
2702
(c) "Declining" means the schools with students attending
2703
the school are making less academic progress than when the
2704
students were served in their home schools.
2705
2706
The school improvement rating shall be based on a comparison of
2707
student performance data for the current year and previous year.
2708
Schools that improve at least one level or maintain an
2709
"improving" rating pursuant to this section are eligible for
2710
school recognition awards pursuant to s. 1008.36.
2711
(3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student data
2712
used in determining an alternative school's school improvement
2713
rating shall include:
2714
(a) The aggregate scores of all eligible students who were
2715
assigned to and enrolled in the school during the October or
2716
February FTE count, who have been assessed on the FCAT, and who
2717
have FCAT or comparable scores for the preceding school year.
2718
(b) The aggregate scores of all eligible students who were
2719
assigned to and enrolled in the school during the October or
2720
February FTE count, who have been assessed on the FCAT, including
2721
Florida Writes, and who have scored in the lowest 25th percentile
2722
of students in the state on FCAT Reading.
2723
2724
The assessment scores of students who are subject to district
2725
school board policies for expulsion for repeated or serious
2726
offenses, who are in dropout retrieval programs serving students
2727
who have officially been designated as dropouts, or who are in
2728
programs operated or contracted by the Department of Juvenile
2729
Justice may not be included in an alternative school's school
2730
improvement rating.
2731
(6) RULES.--The State Board of Education shall adopt rules
2732
under ss. 120.536(1) and 120.54 to administer this section.
2733
Section 34. Subsection (2) of section 1008.36, Florida
2734
Statutes, is amended to read:
2735
1008.36 Florida School Recognition Program.--
2736
(2) The Florida School Recognition Program is created to
2737
provide financial awards to public schools that:
2738
(a) Sustain high performance by receiving a school grade of
2739
"A," making excellent progress; or
2740
(b) Demonstrate exemplary improvement due to innovation and
2741
effort by improving at least one a letter grade or by improving
2742
more than one letter grade and sustaining the improvement the
2743
following school year.
2744
2745
Notwithstanding statutory provisions to the contrary, incentive
2746
awards are not subject to collective bargaining.
2747
Section 35. Paragraph (a) of subsection (3) of section
2748
1012.34, Florida Statutes, is amended to read:
2749
1012.34 Assessment procedures and criteria.--
2750
(3) The assessment procedure for instructional personnel
2751
and school administrators must be primarily based on the
2752
performance of students assigned to their classrooms or schools,
2753
as appropriate. Pursuant to this section, a school district's
2754
performance assessment is not limited to basing unsatisfactory
2755
performance of instructional personnel and school administrators
2756
upon student performance, but may include other criteria approved
2757
to assess instructional personnel and school administrators'
2758
performance, or any combination of student performance and other
2759
approved criteria. The procedures must comply with, but are not
2760
limited to, the following requirements:
2761
(a) An assessment must be conducted for each employee at
2762
least once a year. The assessment must be based upon sound
2763
educational principles and contemporary research in effective
2764
educational practices. The assessment must primarily use data and
2765
indicators of improvement in student performance assessed
2766
annually as specified in s. 1008.22 and may consider results of
2767
peer reviews in evaluating the employee's performance. Student
2768
performance must be measured by state assessments required under
2769
s. 1008.22 and by local assessments for subjects and grade levels
2770
not measured by the state assessment program. The assessment
2771
criteria must include, but are not limited to, indicators that
2772
relate to the following:
2773
1. Performance of students.
2774
2. Ability to maintain appropriate discipline.
2775
3. Knowledge of subject matter. The district school board
2776
shall make special provisions for evaluating teachers who are
2777
assigned to teach out-of-field.
2778
4. Ability to plan and deliver instruction and the use of
2779
technology in the classroom.
2780
5. Ability to evaluate instructional needs.
2781
6. Ability to establish and maintain a positive
2782
collaborative relationship with students' families to increase
2783
student achievement.
2784
7. Other professional competencies, responsibilities, and
2785
requirements as established by rules of the State Board of
2786
Education and policies of the district school board.
2787
2788
Pursuant to this section, a school district may determine that
2789
the performance of instructional personnel and school
2790
administrators is unsatisfactory based upon student performance
2791
and other criteria approved to assess instructional personnel and
2792
school administrators' performance or any combination thereof.
2793
Section 36. Present subsections (4) through (16) of section
2794
1012.56, Florida Statutes, are renumbered as subsections (5)
2795
through (17), respectively, and a new subsection (4) is added to
2796
that section, to read:
2797
1012.56 Educator certification requirements.--
2798
(4) ALIGNMENT OF SUBJECT AREAS.--As the Sunshine State
2799
Standards are replaced by the Next Generation Sunshine State
2800
Standards under s.1001.03, the State Board of Education shall
2801
align the subject area examinations to the Next Generation
2802
Sunshine State Standards.
2803
Section 37. Subsection (1) of section 1012.57, Florida
2804
Statutes, is amended to read:
2805
1012.57 Certification of adjunct educators.--
2806
(1) Notwithstanding the provisions of ss. 1012.32, 1012.55,
2807
and 1012.56, or any other provision of law or rule to the
2808
contrary, district school boards shall adopt rules to allow for
2809
the issuance of an adjunct teaching certificate to any applicant
2810
who fulfills the requirements of s. 1012.56(2)(a)-(f) and (10)
2811
(9) and who has expertise in the subject area to be taught. An
2812
applicant shall be considered to have expertise in the subject
2813
area to be taught if the applicant demonstrates sufficient
2814
subject area mastery through passage of a subject area test. The
2815
adjunct teaching certificate shall be used for part-time teaching
2816
positions. The intent of this provision is to allow school
2817
districts to tap the wealth of talent and expertise represented
2818
in Florida's citizens who may wish to teach part-time in a
2819
Florida public school by permitting school districts to issue
2820
adjunct certificates to qualified applicants. Adjunct
2821
certificateholders should be used as a strategy to reduce the
2822
teacher shortage; thus, adjunct certificateholders should
2823
supplement a school's instructional staff, not supplant it. Each
2824
school principal shall assign an experienced peer mentor to
2825
assist the adjunct teaching certificateholder during the
2826
certificateholder's first year of teaching, and an adjunct
2827
certificateholder may participate in a district's new teacher
2828
training program. District school boards shall provide the
2829
adjunct teaching certificateholder an orientation in classroom
2830
management prior to assigning the certificateholder to a school.
2831
Each adjunct teaching certificate is valid for 5 school years and
2832
is renewable if the applicant has received satisfactory
2833
performance evaluations during each year of teaching under
2834
adjunct teaching certification.
2835
Section 38. Subsection (1) of section 1012.586, Florida
2836
Statutes, is amended to read:
2837
1012.586 Additions or changes to certificates; duplicate
2838
certificates.--A school district may process via a Department of
2839
Education website certificates for the following applications of
2840
public school employees:
2841
(1) Addition of a subject coverage or endorsement to a
2842
valid Florida certificate on the basis of the completion of the
2843
appropriate subject area testing requirements of s. 1012.56(5)(a)
2844
s. 1012.56(4)(a) or the completion of the requirements of an
2845
approved school district program or the inservice components for
2846
an endorsement.
2847
2848
The employing school district shall charge the employee a fee not
2849
to exceed the amount charged by the Department of Education for
2850
such services. Each district school board shall retain a portion
2851
of the fee as defined in the rules of the State Board of
2852
Education. The portion sent to the department shall be used for
2853
maintenance of the technology system, the web application, and
2854
posting and mailing of the certificate.
2855
Section 39. Effective upon this act becoming a law, section
2856
1012.71, Florida Statutes, is amended to read:
2857
(Substantial rewording of section. See
2858
s. 1012.71, F.S., for present text.)
2859
1012.71 The Florida Teachers Lead Program.--
2860
(1) For purposes of the Florida Teachers Lead Program, the
2861
term "classroom teacher" means a certified teacher employed by a
2862
public school district or a public charter school in that
2863
district on or before September 1 of each year whose full-time or
2864
job-share responsibility is the classroom instruction of students
2865
in prekindergarten through grade 12, including full-time media
2866
specialists and guidance counselors serving students in
2867
prekindergarten through grade 12, who are funded through the
2868
Florida Education Finance Program. A "job-share classroom
2869
teacher" is one of two teachers whose combined full-time
2870
equivalent employment for the same teaching assignment equals one
2871
full-time classroom teacher.
2872
(2) The Legislature, in the General Appropriations Act,
2873
shall determine funding for the Florida Teachers Lead Program.
2874
The funds appropriated are for classroom teachers to purchase, on
2875
behalf of the school district or charter school, classroom
2876
materials and supplies for the public school students assigned to
2877
them and may not be used to purchase equipment. The funds
2878
appropriated shall be used to supplement the materials and
2879
supplies otherwise available to classroom teachers. From the
2880
funds appropriated for the Florida Teachers Lead Program, the
2881
Commissioner of Education shall calculate an amount for each
2882
school district based upon each school district's proportionate
2883
share of the state's total unweighted FTE student enrollment and
2884
shall disburse the funds to the school districts by July 15.
2885
(3) From the funds allocated to each school district for
2886
the Florida Teachers Lead Program, the district school board
2887
shall calculate an identical amount for each classroom teacher,
2888
which is that teacher's proportionate share of the total amount
2889
allocated to the district. A job-share classroom teacher may
2890
receive a prorated share of the amount provided to a full-time
2891
classroom teacher. The district school board and each charter
2892
school board shall provide each classroom teacher with his or her
2893
total proportionate share by September 30 of each year by any
2894
means determined appropriate by the district school board or
2895
charter school board, including, but not limited to, direct
2896
deposit, check, debit card, or purchasing card, notwithstanding
2897
any law to the contrary. Expenditures under the program are not
2898
subject to state or local competitive bidding requirements. Funds
2899
received by a classroom teacher do not affect wages, hours, or
2900
terms and conditions of employment and, therefore, are not
2901
subject to collective bargaining. Any classroom teacher may
2902
decline receipt of or return the funds without explanation or
2903
cause. This subsection applies retroactively to July 1, 2007.
2904
(4) Each classroom teacher must sign a statement
2905
acknowledging receipt of the funds, keep receipts for no less
2906
than 4 years to show that funds expended meet the requirements of
2907
this section, and return any unused funds to the district school
2908
board at the end of the regular school year. Any unused funds
2909
that are returned to the district school board shall be deposited
2910
into the school advisory council account of the school at which
2911
the classroom teacher returning the funds was employed when that
2912
teacher received the funds or shall be deposited into the Florida
2913
Teachers Lead Program account of the school district in which a
2914
charter school is sponsored, as applicable.
2915
(5) The statement must be signed and dated by each
2916
classroom teacher before receipt of the Florida Teachers Lead
2917
Program funds and shall include the wording: "I, (name of
2918
teacher) , am employed by the County District School Board
2919
or by the Charter School as a full-time classroom teacher. I
2920
acknowledge that Florida Teachers Lead Program funds are
2921
appropriated by the Legislature for the sole purpose of
2922
purchasing classroom materials and supplies to be used in the
2923
instruction of students assigned to me. In accepting custody of
2924
these funds, I agree to keep the receipts for all expenditures
2925
for no less than 4 years. I understand that if I do not keep the
2926
receipts, it will be my personal responsibility to pay any
2927
federal taxes due on these funds. I also agree to return any
2928
unexpended funds to the district school board at the end of the
2929
regular school year for deposit into the school advisory council
2930
account of the school where I was employed at the time I received
2931
the funds or for deposit into the Florida Teachers Lead Program
2932
account of the school district in which the charter school is
2933
sponsored, as applicable."
2934
Section 40. Present paragraphs (b) and (c) of subsection
2935
(2) of section 1013.12, Florida Statutes, are redesignated as
2936
paragraphs (c) and (d), respectively, and a new paragraph (b) is
2937
added to that subsection, to read:
2938
1013.12 Casualty, safety, sanitation, and firesafety
2939
standards and inspection of property.--
2940
(2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
2941
BOARDS.--
2942
(b) Each school cafeteria must post in a visible location
2943
and on the school website the school's semiannual sanitation
2944
certificate and a copy of its most recent sanitation inspection
2945
report.
2946
Section 41. Section 1002.375, Florida Statutes, is created
2947
to read:
2948
1002.375 Alternative credit for high school courses; pilot
2949
project.--
2950
(1) The Commissioner of Education shall implement a pilot
2951
project in up to three school districts beginning in the 2008-
2952
2009 school year which allows school districts to award
2953
alternative course credit for students enrolled in nationally or
2954
state-recognized industry certification programs, as defined by
2955
the Agency for Workforce Innovation in accordance with the
2956
criteria described in s. 1003.492(2). The Commissioner of
2957
Education shall establish criteria for districts that participate
2958
in the pilot program. School districts interested in
2959
participating in the program must submit a letter of interest by
2960
July 15, 2008, to the Commissioner of Education identifying up to
2961
five nationally or state-recognized industry certification
2962
programs, as defined by the Agency for Workforce Innovation in
2963
accordance with the criteria described in s. 1003.492(2), under
2964
which the district would like to award alternative credit for the
2965
eligible courses identified in subsection (2). The Commissioner
2966
of Education shall select up to three participating school
2967
districts by July 30, 2008. The Commissioner of Education shall
2968
submit a report to the Governor, the President of the Senate, and
2969
the Speaker of the House of Representatives identifying the
2970
number of students choosing to earn alternative credit, the
2971
number of students that received alternative credit, and
2972
legislative recommendations for expanding the use of alternative
2973
credit for core academic courses required for high school
2974
graduation. The report shall be submitted by January 1, 2010.
2975
(2) For purposes of designing and implementing a successful
2976
pilot project, eligible alternative credit courses include
2977
Algebra 1a, Algebra 1b, Algebra 1, Geometry, and Biology.
2978
Alternative credits shall be awarded for courses in which a
2979
student is not enrolled, but for which the student may earn
2980
academic credit by enrolling in another course or sequence of
2981
courses required to earn a nationally or state-recognized
2982
industry certificate, as defined by the Agency for Workforce
2983
Innovation in accordance with the criteria described in s.
2984
1003.492(2), of which the majority of the standards-based content
2985
in the course description is consistent with the alternative
2986
credit course description approved by the Department of
2987
Education.
2988
(3) An alternative credit course is not subject to:
2989
(a) The definition of credit under s. 1003.436;
2990
(b) The time requirements of s. 1011.60(2); or
2991
(c) The net hours of instruction requirements for purposes
2992
of determining full-time equivalency pursuant to s.
2993
1011.61(1)(a)1. under the Florida Education Finance Program.
2994
(4) The Department of Education may approve a course as an
2995
alternative credit course pursuant to this section. In order to
2996
earn credit, each participating student must pass an end-of-
2997
course assessment that measures proficiency in the Sunshine State
2998
Standards addressed by the course. The Department of Education
2999
shall approve each end-of-course assessment and the minimum
3000
passing score for each assessment. Approved assessments shall be
3001
limited to assessments for Algebra 1a, Algebra 1b, Algebra 1,
3002
Geometry, and Biology developed by the Florida Virtual School, or
3003
end-of-course statewide standardized assessments for these
3004
courses which may be adopted or developed by the department. The
3005
department shall approve the method of administering end-of-
3006
course assessments for alternative credit courses in each
3007
participating school district in order to ensure the validity of
3008
the assessment results.
3009
(5) School districts shall report all enrollments and
3010
credits awarded for alternative education courses pursuant to
3011
this section under procedures prescribed by the Department of
3012
Education.
3013
(6) The Department of Education shall maintain a list of
3014
approved assessments and minimum passing scores for each approved
3015
course. The approved list must be incorporated into the Course
3016
Code Directory. The department shall prescribe the information a
3017
district must provide in order to have a course considered for
3018
inclusion in the directory listing for the approved courses used
3019
in the pilot program. A properly completed request by a district
3020
to have a course included in the directory must be approved or
3021
denied by the department within 30 days after receipt. When a
3022
request is denied, the department must provide the district with
3023
its reason for denial in writing within 10 days after the denial.
3024
(7) The State Board of Education shall adopt rules pursuant
3025
to ss. 120.536(1) and 120.54 to implement the pilot program
3026
created in this section.
3027
Section 42. Paragraph (c) of subsection (1) of section
3028
1011.61, Florida Statutes, is amended to read:
3029
1011.61 Definitions.--Notwithstanding the provisions of s.
3030
1000.21, the following terms are defined as follows for the
3031
purposes of the Florida Education Finance Program:
3032
(1) A "full-time equivalent student" in each program of the
3033
district is defined in terms of full-time students and part-time
3034
students as follows:
3035
(c)1. A "full-time equivalent student" is:
3036
a. A full-time student in any one of the programs listed in
3037
s. 1011.62(1)(c); or
3038
b. A combination of full-time or part-time students in any
3039
one of the programs listed in s. 1011.62(1)(c) which is the
3040
equivalent of one full-time student based on the following
3041
calculations:
3042
(I) A full-time student, except a postsecondary or adult
3043
student or a senior high school student enrolled in adult
3044
education when such courses are required for high school
3045
graduation, in a combination of programs listed in s.
3046
1011.62(1)(c) shall be a fraction of a full-time equivalent
3047
membership in each special program equal to the number of net
3048
hours per school year for which he or she is a member, divided by
3049
the appropriate number of hours set forth in subparagraph (a)1.
3050
or subparagraph (a)2. The difference between that fraction or sum
3051
of fractions and the maximum value as set forth in subsection (4)
3052
for each full-time student is presumed to be the balance of the
3053
student's time not spent in such special education programs and
3054
shall be recorded as time in the appropriate basic program.
3055
(II) A prekindergarten handicapped student shall meet the
3056
requirements specified for kindergarten students.
3057
(III) A Florida Virtual School full-time equivalent student
3058
shall consist of six full credit completions in the programs
3059
listed in s. 1011.62(1)(c)1. and 4. Credit completions can be a
3060
combination of either full credits or half credits.
3061
(IV) Each successfully completed credit earned under the
3062
alternative high school course credit requirements authorized in
3063
s. 1002.375, which is not reported as a portion of the 900 net
3064
hours of instruction pursuant to subparagraph (1)(a)1., shall be
3065
calculated as 1/6 FTE.
3066
2. A student in membership in a program scheduled for more
3067
or less than 180 school days is a fraction of a full-time
3068
equivalent membership equal to the number of instructional hours
3069
in membership divided by the appropriate number of hours set
3070
forth in subparagraph (a)1.; however, for the purposes of this
3071
subparagraph, membership in programs scheduled for more than 180
3072
days is limited to students enrolled in juvenile justice
3073
education programs and the Florida Virtual School.
3074
3075
The department shall determine and implement an equitable method
3076
of equivalent funding for experimental schools and for schools
3077
operating under emergency conditions, which schools have been
3078
approved by the department to operate for less than the minimum
3079
school day.
3080
Section 43. Paragraphs (c) and (d) of subsection (5) of
3081
section 24.121, Florida Statutes, are amended to read:
3082
24.121 Allocation of revenues and expenditure of funds for
3083
public education.--
3084
(5)
3085
(c) A portion of such net revenues, as determined annually
3086
by the Legislature, shall be distributed to each school district
3087
and shall be made available to each public school in the district
3088
for enhancing school performance through development and
3089
implementation of a school improvement plan pursuant to s.
3090
1001.42(18) s. 1001.42(16). A portion of these moneys, as
3091
determined annually in the General Appropriations Act, must be
3092
allocated to each school in an equal amount for each student
3093
enrolled. These moneys may be expended only on programs or
3094
projects selected by the school advisory council or by a parent
3095
advisory committee created pursuant to this paragraph. If a
3096
school does not have a school advisory council, the district
3097
advisory council must appoint a parent advisory committee
3098
composed of parents of students enrolled in that school, which
3099
committee is representative of the ethnic, racial, and economic
3100
community served by the school, to advise the school's principal
3101
on the programs or projects to be funded. Neither school district
3102
staff nor principals may override the recommendations of the
3103
school advisory council or the parent advisory committee. These
3104
moneys may not be used for capital improvements or, nor may they
3105
be used for any project or program that has a duration of more
3106
than 1 year; however, a school advisory council or parent
3107
advisory committee may independently determine that a program or
3108
project formerly funded under this paragraph should receive funds
3109
in a subsequent year.
3110
(d) No funds shall be released for any purpose from the
3111
Educational Enhancement Trust Fund to any school district in
3112
which one or more schools do not have an approved school
3113
improvement plan pursuant to s. 1001.42(18) s. 1001.42(16) or do
3114
not comply with school advisory council membership composition
3115
requirements pursuant to s. 1001.452(1). The Commissioner of
3116
Education shall withhold disbursements from the trust fund to any
3117
school district that fails to adopt the performance-based salary
3118
schedule required by s. 1012.22(1).
3119
Section 44. Paragraph (e) of subsection (2) of section
3120
112.3173, Florida Statutes, is amended to read:
3121
112.3173 Felonies involving breach of public trust and
3122
other specified offenses by public officers and employees;
3123
forfeiture of retirement benefits.--
3124
(2) DEFINITIONS.--As used in this section, unless the
3125
context otherwise requires, the term:
3126
(e) "Specified offense" means:
3127
1. The committing, aiding, or abetting of an embezzlement
3128
of public funds;
3129
2. The committing, aiding, or abetting of any theft by a
3130
public officer or employee from his or her employer;
3131
3. Bribery in connection with the employment of a public
3132
officer or employee;
3133
4. Any felony specified in chapter 838, except ss. 838.15
3134
and 838.16;
3135
5. The committing of an impeachable offense; or
3136
6. The committing of any felony by a public officer or
3137
employee who, willfully and with intent to defraud the public or
3138
the public agency for which the public officer or employee acts
3139
or in which he or she is employed of the right to receive the
3140
faithful performance of his or her duty as a public officer or
3141
employee, realizes or obtains, or attempts to realize or obtain,
3142
a profit, gain, or advantage for himself or herself or for some
3143
other person through the use or attempted use of the power,
3144
rights, privileges, duties, or position of his or her public
3145
office or employment position; or.
3146
7. The committing on or after October 1, 2008, of any
3147
felony defined in s. 800.04 against a victim younger than 16
3148
years of age, or any felony defined in chapter 794 against a
3149
victim younger than 18 years of age, by a public officer or
3150
employee through the use or attempted use of power, rights,
3151
privileges, duties, or position of his or her public office or
3152
employment position.
3153
Section 45. Paragraph (i) of subsection (5) of section
3154
121.091, Florida Statutes, is redesignated as paragraph (j),
3155
present paragraph (j) is redesignated as paragraph (k) and
3156
amended, and a new paragraph (i) is added to that subsection, to
3157
read:
3158
121.091 Benefits payable under the system.--Benefits may
3159
not be paid under this section unless the member has terminated
3160
employment as provided in s. 121.021(39)(a) or begun
3161
participation in the Deferred Retirement Option Program as
3162
provided in subsection (13), and a proper application has been
3163
filed in the manner prescribed by the department. The department
3164
may cancel an application for retirement benefits when the member
3165
or beneficiary fails to timely provide the information and
3166
documents required by this chapter and the department's rules.
3167
The department shall adopt rules establishing procedures for
3168
application for retirement benefits and for the cancellation of
3169
such application when the required information or documents are
3170
not received.
3171
(5) TERMINATION BENEFITS.--A member whose employment is
3172
terminated prior to retirement retains membership rights to
3173
previously earned member-noncontributory service credit, and to
3174
member-contributory service credit, if the member leaves the
3175
member contributions on deposit in his or her retirement account.
3176
If a terminated member receives a refund of member contributions,
3177
such member may reinstate membership rights to the previously
3178
earned service credit represented by the refund by completing 1
3179
year of creditable service and repaying the refunded member
3180
contributions, plus interest.
3181
(i) The division may not pay benefits to any member
3182
convicted of a felony committed on or after October 1, 2008,
3183
defined in s. 800.04 against a victim younger than 16 years of
3184
age, or defined in chapter 794 against a victim younger than 18
3185
years of age, through the use or attempted use of power, rights,
3186
privileges, duties, or position of the member's public office or
3187
employment position. However, the division shall return the
3188
member's accumulated contributions, if any, that the member
3189
accumulated as of the date of conviction.
3190
(k)(j) Benefits shall not be paid by the division pending
3191
final resolution of such charges against a member or beneficiary
3192
if the resolution of such charges could require the forfeiture of
3193
benefits as provided in paragraph (f), paragraph (g), paragraph
3194
(h), or paragraph (i), or paragraph (j).
3195
Section 46. Section 794.09, Florida Statutes, is created to
3196
read:
3197
794.09 Forfeiture of retirement benefits.--The retirement
3198
benefits of a person convicted of a felony committed on or after
3199
October 1, 2008, under this chapter are subject to forfeiture in
3200
accordance with s. 112.3173 or s. 121.091 if the person is a
3201
public officer or employee when the offense occurs; the person
3202
commits the offense through the use or attempted use of power,
3203
rights, privileges, duties, or position of the person's public
3204
office or employment position; and the victim is younger than 18
3205
years of age when the offense occurs.
3206
Section 47. Section 800.05, Florida Statutes, is created
3207
to:
3208
800.05 Forfeiture of retirement benefits for a felony
3209
defined in s. 800.04.--The retirement benefits of a person
3210
convicted of a felony committed on or after October 1, 2008,
3211
defined in s. 800.04 are subject to forfeiture in accordance with
3212
s. 112.3173 or s. 121.091 if the person is a public officer or
3213
employee when the offense occurs; the person commits the offense
3214
through the use or attempted use of power, rights, privileges,
3215
duties, or position of the person's public office or employment
3216
position; and the victim is younger than 16 years of age when the
3217
offense occurs.
3218
Section 48. Subsection (4) of section 1001.10, Florida
3219
Statutes, is renumbered as subsection (6) and new subsections (4)
3220
and (5) are added to that section to read:
3221
1001.10 Commissioner of Education; general powers and
3222
duties.--
3223
(4) The Department of Education shall provide technical
3224
assistance to school districts, charter schools, the Florida
3225
School for the Deaf and the Blind, and private schools that
3226
accept scholarship students under s. 220.187 or s. 1002.39 in the
3227
development of policies, procedures, and training related to
3228
employment practices and standards of ethical conduct for
3229
instructional personnel and school administrators, as defined in
3230
s. 1012.01.
3231
(5) The Department of Education shall provide authorized
3232
staff of school districts, charter schools, the Florida School
3233
for the Deaf and the Blind, and private schools that accept
3234
scholarship students under s. 220.187 or s. 1002.39 with access
3235
to electronic verification of information from the following
3236
employment screening tools:
3237
(a) The Professional Practices' Database of Disciplinary
3238
Actions Against Educators; and
3239
(b) The Department of Education's Teacher Certification
3240
Database.
3241
3242
This subsection does not require the department to provide these
3243
staff with unlimited access to the databases. However, the
3244
department shall provide the staff with access to the data
3245
necessary for performing employment history checks of the
3246
instructional personnel and school administrators included in the
3247
databases.
3248
Section 49. Subsection (4) of section 1001.32, Florida
3249
Statutes, is amended to read:
3250
1001.32 Management, control, operation, administration, and
3251
supervision.--The district school system must be managed,
3252
controlled, operated, administered, and supervised as follows:
3253
(4) SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for
3254
the administration of any school or schools at a given school
3255
center, for the supervision of instruction therein, and for
3256
providing leadership in the development or revision and
3257
implementation of a school improvement plan required by s.
3258
1001.42(18) pursuant to s. 1001.42(16) shall be delegated to the
3259
school principal or head of the school or schools in accordance
3260
with rules established by the district school board.
3261
Section 50. Subsections (6) through (23) of section
3262
1001.42, Florida Statutes, are renumbered as subsections (8)
3263
through (25), respectively, and new subsections (6) and (7) are
3264
added to that section to read:
3265
1001.42 Powers and duties of district school board.--The
3266
district school board, acting as a board, shall exercise all
3267
powers and perform all duties listed below:
3268
(6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
3269
PERSONNEL AND SCHOOL ADMINISTRATORS.--Adopt policies establishing
3270
standards of ethical conduct for instructional personnel and
3271
school administrators. The policies must require all
3272
instructional personnel and school administrators, as defined in
3273
s. 1012.01, to complete training on the standards; establish the
3274
duty of instructional personnel and school administrators to
3275
report, and procedures for reporting, alleged misconduct by other
3276
instructional personnel and school administrators which affects
3277
the health, safety, or welfare of a student; and include an
3278
explanation of the liability protections provided under ss.
3279
39.203 and 768.095. A district school board, or any of its
3280
employees, may not enter into a confidentiality agreement
3281
regarding terminated or dismissed instructional personnel or
3282
school administrators, or personnel or administrators who resign
3283
in lieu of termination, based in whole or in part on misconduct
3284
that affects the health, safety, or welfare of a student, and may
3285
not provide instructional personnel or school administrators with
3286
employment references, or discuss the personnel's or
3287
administrators' performance with prospective employers in another
3288
educational setting, without disclosing the personnel's or
3289
administrators' misconduct. Any part of an agreement or contract
3290
that has the purpose or effect of concealing misconduct by
3291
instructional personnel or school administrators which affects
3292
the health, safety, or welfare of a student is void, is contrary
3293
to public policy, and may not be enforced.
3294
(7) DISQUALIFICATION FROM EMPLOYMENT.--Disqualify
3295
instructional personnel and school administrators, as defined in
3296
s. 1012.01, from employment in any position that requires direct
3297
contact with students, if the personnel or administrators are
3298
ineligible for such employment under s. 1012.315. An elected or
3299
appointed school board official forfeits his or her salary for 1
3300
year, if:
3301
(a) The school board official knowingly signs and transmits
3302
to any state official a report of alleged misconduct by
3303
instructional personnel or school administrators which affects
3304
the health, safety, or welfare of a student, and the school board
3305
official knows the report to be false or incorrect; or
3306
(b) The school board official knowingly fails to adopt
3307
policies that require instructional personnel and school
3308
administrators to report alleged misconduct by other
3309
instructional personnel and school administrators, or that
3310
require the investigation of all reports of alleged misconduct by
3311
instructional personnel and school administrators, if the
3312
misconduct affects the health, safety, or welfare of a student.
3313
Section 51. Paragraphs (a) and (c) of subsection (1) and
3314
subsection (2) of section 1001.452, Florida Statutes, are amended
3315
to read:
3316
1001.452 District and school advisory councils.--
3317
(1) ESTABLISHMENT.--
3318
(a) The district school board shall establish an advisory
3319
council for each school in the district and shall develop
3320
procedures for the election and appointment of advisory council
3321
members. Each school advisory council shall include in its name
3322
the words "school advisory council." The school advisory council
3323
shall be the sole body responsible for final decisionmaking at
3324
the school relating to implementation of ss. 1001.42(18) the
3325
provisions of ss. 1001.42(16) and 1008.345. A majority of the
3326
members of each school advisory council must be persons who are
3327
not employed by the school. Each advisory council shall be
3328
composed of the principal and an appropriately balanced number of
3329
teachers, education support employees, students, parents, and
3330
other business and community citizens who are representative of
3331
the ethnic, racial, and economic community served by the school.
3332
Career center and high school advisory councils shall include
3333
students, and middle and junior high school advisory councils may
3334
include students. School advisory councils of career centers and
3335
adult education centers are not required to include parents as
3336
members. Council members representing teachers, education support
3337
employees, students, and parents shall be elected by their
3338
respective peer groups at the school in a fair and equitable
3339
manner as follows:
3340
1. Teachers shall be elected by teachers.
3341
2. Education support employees shall be elected by
3342
education support employees.
3343
3. Students shall be elected by students.
3344
4. Parents shall be elected by parents.
3345
3346
The district school board shall establish procedures to be used
3347
for use by schools in selecting business and community members
3348
that include means of ensuring wide notice of vacancies and of
3349
taking input on possible members from local business, chambers of
3350
commerce, community and civic organizations and groups, and the
3351
public at large. The district school board shall review the
3352
membership composition of each advisory council. If the district
3353
school board determines that the membership elected by the school
3354
is not representative of the ethnic, racial, and economic
3355
community served by the school, the district school board shall
3356
appoint additional members to achieve proper representation. The
3357
commissioner shall determine if schools have maximized their
3358
efforts to include on their advisory councils minority persons
3359
and persons of lower socioeconomic status. Although schools are
3360
strongly encouraged to establish school advisory councils, the
3361
district school board of any school district that has a student
3362
population of 10,000 or fewer may establish a district advisory
3363
council which includes shall include at least one duly elected
3364
teacher from each school in the district. For the purposes of
3365
school advisory councils and district advisory councils, the term
3366
"teacher" includes shall include classroom teachers, certified
3367
student services personnel, and media specialists. For purposes
3368
of this paragraph, "education support employee" means any person
3369
employed by a school who is not defined as instructional or
3370
administrative personnel pursuant to s. 1012.01 and whose duties
3371
require 20 or more hours in each normal working week.
3372
(c) For those schools operating for the purpose of
3373
providing educational services to youth in Department of Juvenile
3374
Justice programs, district school boards may establish a district
3375
advisory council with appropriate representatives for the purpose
3376
of developing and monitoring a district school improvement plan
3377
that encompasses all such schools in the district, pursuant to s.
3378
1001.42(18)(a) s. 1001.42(16)(a).
3379
(2) DUTIES.--Each advisory council shall perform such
3380
functions as are prescribed by regulations of the district school
3381
board; however, no advisory council shall have any of the powers
3382
and duties now reserved by law to the district school board. Each
3383
school advisory council shall assist in the preparation and
3384
evaluation of the school improvement plan required pursuant to s.
3385
1001.42(18) s. 1001.42(16). With technical assistance from the
3386
Department of Education, each school advisory council shall
3387
assist in the preparation of the school's annual budget and plan
3388
as required by s. 1008.385(1). A portion of funds provided in the
3389
annual General Appropriations Act for use by school advisory
3390
councils must be used for implementing the school improvement
3391
plan.
3392
Section 52. Subsection (12) of section 1001.51, Florida
3393
Statutes, is amended to read:
3394
1001.51 Duties and responsibilities of district school
3395
superintendent.--The district school superintendent shall
3396
exercise all powers and perform all duties listed below and
3397
elsewhere in the law, provided that, in so doing, he or she shall
3398
advise and counsel with the district school board. The district
3399
school superintendent shall perform all tasks necessary to make
3400
sound recommendations, nominations, proposals, and reports
3401
required by law to be acted upon by the district school board.
3402
All such recommendations, nominations, proposals, and reports by
3403
the district school superintendent shall be either recorded in
3404
the minutes or shall be made in writing, noted in the minutes,
3405
and filed in the public records of the district school board. It
3406
shall be presumed that, in the absence of the record required in
3407
this section, the recommendations, nominations, and proposals
3408
required of the district school superintendent were not contrary
3409
to the action taken by the district school board in such matters.
3410
(12) RECORDS AND REPORTS.--Recommend such records as should
3411
be kept in addition to those prescribed by rules of the State
3412
Board of Education; prepare forms for keeping such records as are
3413
approved by the district school board; ensure that such records
3414
are properly kept; and make all reports that are needed or
3415
required, as follows:
3416
(a) Forms, blanks, and reports.--Require that all employees
3417
accurately keep all records and promptly make in proper form all
3418
reports required by the education code or by rules of the State
3419
Board of Education; recommend the keeping of such additional
3420
records and the making of such additional reports as may be
3421
deemed necessary to provide data essential for the operation of
3422
the school system; and prepare such forms and blanks as may be
3423
required and ensure that these records and reports are properly
3424
prepared.
3425
(b) Reports to the department.--Prepare, for the approval
3426
of the district school board, all reports that may be required by
3427
law or rules of the State Board of Education to be made to the
3428
department and transmit promptly all such reports, when approved,
3429
to the department, as required by law. If any such reports are
3430
not transmitted at the time and in the manner prescribed by law
3431
or by State Board of Education rules, the salary of the district
3432
school superintendent must be withheld until the report has been
3433
properly submitted. Unless otherwise provided by rules of the
3434
State Board of Education, the annual report on attendance and
3435
personnel is due on or before July 1, and the annual school
3436
budget and the report on finance are due on the date prescribed
3437
by the commissioner.
3438
3439
Any district school superintendent who knowingly signs and
3440
transmits to any state official a false or incorrect report that
3441
the superintendent knows to be false or incorrect; who knowingly
3442
fails to investigate any allegation of misconduct by
3443
instructional personnel or school administrators, as defined in
3444
s. 1012.01, which affects the health, safety, or welfare of a
3445
student; or who knowingly fails to report the alleged misconduct
3446
to the department as required in s. 1012.796, forfeits shall
3447
forfeit his or her right to any salary for the period of 1 year
3448
following the from that date of such act or failure to act.
3449
Section 53. Subsection (2) of section 1001.54, Florida
3450
Statutes, is amended to read:
3451
1001.54 Duties of school principals.--
3452
(2) Each school principal shall provide instructional
3453
leadership in the development, revision, and implementation of a
3454
school improvement plan pursuant to s. 1001.42(18) s.
3455
1001.42(16).
3456
Section 54. Paragraph (b) of subsection (11) of section
3457
1002.32, Florida Statutes, is amended to read:
3458
1002.32 Developmental research (laboratory) schools.--
3459
(11) EXCEPTIONS TO LAW.--To encourage innovative practices
3460
and facilitate the mission of the lab schools, in addition to the
3461
exceptions to law specified in s. 1001.23(2), the following
3462
exceptions shall be permitted for lab schools:
3463
(b) With the exception of s. 1001.42(18) s. 1001.42(16), s.
3464
1001.42 shall be held in abeyance. Reference to district school
3465
boards in s. 1001.42(18) s. 1001.42(16) shall mean the president
3466
of the university or the president's designee.
3467
Section 55. Paragraph (g) of subsection (12) of section
3468
1002.33, Florida Statutes, is amended to read:
3469
1002.33 Charter schools.--
3470
(12) EMPLOYEES OF CHARTER SCHOOLS.--
3471
(g)1. A charter school shall employ or contract with
3472
employees who have undergone background screening as provided in
3473
s. 1012.32. Members of the governing board of the charter school
3474
shall also undergo background screening in a manner similar to
3475
that provided in s. 1012.32.
3476
2. A charter school shall disqualify instructional
3477
personnel and school administrators, as defined in s. 1012.01,
3478
from employment in any position that requires direct contact with
3479
students, if the personnel or administrators are ineligible for
3480
such employment under s. 1012.315.
3481
3. The governing board of a charter school shall adopt
3482
policies establishing standards of ethical conduct for
3483
instructional personnel and school administrators. The policies
3484
must require all instructional personnel and school
3485
administrators, as defined in s. 1012.01, to complete training on
3486
the standards; establish the duty of instructional personnel and
3487
school administrators to report, and procedures for reporting,
3488
alleged misconduct by other instructional personnel and school
3489
administrators which affects the health, safety, or welfare of a
3490
student; and include an explanation of the liability protections
3491
provided under ss. 39.203 and 768.095. A charter school, or any
3492
of its employees, may not enter into a confidentiality agreement
3493
regarding terminated or dismissed instructional personnel or
3494
school administrators, or personnel or administrators who resign
3495
in lieu of termination, based in whole or in part on misconduct
3496
that affects the health, safety, or welfare of a student, and may
3497
not provide instructional personnel or school administrators with
3498
employment references, or discuss the personnel's or
3499
administrators' performance with prospective employers in another
3500
educational setting, without disclosing the personnel's or
3501
administrators' misconduct. Any part of an agreement or contract
3502
that has the purpose or effect of concealing misconduct by
3503
instructional personnel or school administrators which affects
3504
the health, safety, or welfare of a student is void, is contrary
3505
to public policy, and may not be enforced.
3506
4. Before employing instructional personnel or school
3507
administrators in any position that requires direct contact with
3508
students, a charter school shall conduct employment history
3509
checks of each of the personnel's or administrators' previous
3510
employer, screen the instructional personnel or school
3511
administrators through use of the educator screening tools
3512
described in s. 1001.10(5), and document the findings. If unable
3513
to contact a previous employer, the charter school must document
3514
efforts to contact the employer.
3515
5. The sponsor of a charter school that fails to comply
3516
with this paragraph shall terminate the charter under subsection
3517
(8).
3518
Section 56. Paragraph (g) is added to subsection (7) of
3519
section 1002.36, Florida Statutes, to read:
3520
1002.36 Florida School for the Deaf and the Blind.--
3521
(7) PERSONNEL SCREENING.--
3522
(g) For purposes of protecting the health, safety, or
3523
welfare of students, the Florida School for the Deaf and the
3524
Blind is considered a school district and must, except as
3525
otherwise provided in this section, comply with ss. 1001.03,
3526
1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
3527
1012.56, 1012.795, and 1012.796.
3528
Section 57. Subsections (4), (5), and (6) of section
3529
1002.421, Florida Statutes, are renumbered as subsections (5),
3530
(6), and (7), respectively, and a new subsection (4) is added to
3531
that section to read:
3532
1002.421 Accountability of private schools participating in
3533
state school choice scholarship programs.--
3534
(4) A private school that accepts scholarship students
3535
under s. 220.187 or s. 1002.39 must:
3536
(a) Disqualify instructional personnel and school
3537
administrators, as defined in s. 1012.01, from employment in any
3538
position that requires direct contact with students, if the
3539
personnel or administrators are ineligible for such employment
3540
under s. 1012.315.
3541
(b) Adopt policies establishing standards of ethical
3542
conduct for instructional personnel and school administrators.
3543
The policies must require all instructional personnel and school
3544
administrators, as defined in s. 1012.01, to complete training on
3545
the standards; establish the duty of instructional personnel and
3546
school administrators to report, and procedures for reporting,
3547
alleged misconduct by other instructional personnel and school
3548
administrations which affects the health, safety, or welfare of a
3549
student; and include an explanation of the liability protections
3550
provided under ss. 39.203 and 768.095. A private school, or any
3551
of its employees, may not enter into a confidentiality agreement
3552
regarding terminated or dismissed instructional personnel or
3553
school administrators, or personnel or administrators who resign
3554
in lieu of termination, based in whole or in part on misconduct
3555
that affects the health, safety, or welfare of a student, and may
3556
not provide the instructional personnel or school administrators
3557
with employment references, or discuss the personnel's or
3558
administrators' performance with prospective employers in another
3559
educational setting, without disclosing the personnel's or
3560
administrators' misconduct. Any part of an agreement or contract
3561
that has the purpose or effect of concealing misconduct by
3562
instructional personnel or school administrators which affects
3563
the health, safety, or welfare of a student is void, is contrary
3564
to public policy, and may not be enforced.
3565
(c) Before employing instructional personnel or school
3566
administrators in any position that requires direct contact with
3567
students, conduct employment history checks of each of the
3568
personnel's or administrators' previous employer, screen the
3569
personnel or administrators through use of the educator screening
3570
tools described in s. 1001.10(5), and document the findings. If
3571
unable to contact a previous employer, the private school must
3572
document efforts to contact the employer.
3573
3574
The department shall suspend the payment of funds under ss.
3575
220.187 and 1002.39 to a private school that fails to comply with
3576
this subsection, and shall prohibit the school from enrolling new
3577
scholarship students, for 1 fiscal year and until the school
3578
complies.
3579
Section 58. Subsection (2) of section 1003.413, Florida
3580
Statutes, is amended to read:
3581
1003.413 Florida Secondary School Redesign Act.--
3582
(2) The following guiding principles for secondary school
3583
redesign shall be used in the annual preparation of each
3584
secondary school's improvement plan required by s. 1001.42(18) s.
3585
1001.42(16):
3586
(a) Struggling students, especially those in failing
3587
schools, need the highest quality teachers and dramatically
3588
different, innovative approaches to teaching and learning.
3589
(b) Every teacher must contribute to every student's
3590
reading improvement.
3591
(c) Quality professional development provides teachers and
3592
principals with the tools they need to better serve students.
3593
(d) Small learning communities allow teachers to
3594
personalize instruction to better address student learning
3595
styles, strengths, and weaknesses.
3596
(e) Intensive intervention in reading and mathematics must
3597
occur early and through innovative delivery systems.
3598
(f) Parents need access to tools they can use to monitor
3599
their child's progress in school, communicate with teachers, and
3600
act early on behalf of their child.
3601
(g) Applied and integrated courses help students see the
3602
relationships between subjects and relevance to their futures.
3603
(h) School is more relevant when students choose courses
3604
based on their goals, interests, and talents.
3605
(i) Master schedules should not determine instruction and
3606
must be designed based on student needs, not adult or
3607
institutional needs.
3608
(j) Academic and career planning engages students in
3609
developing a personally meaningful course of study so they can
3610
achieve goals they have set for themselves.
3611
Section 59. Paragraph (b) of subsection (2) of section
3612
1003.53, Florida Statutes, is amended to read:
3613
1003.53 Dropout prevention and academic intervention.--
3614
(2)
3615
(b) Each school that establishes a dropout prevention and
3616
academic intervention program at that school site shall reflect
3617
that program in the school improvement plan as required under s.
3618
1001.42(18) s. 1001.42(16).
3619
Section 60. Subsections (1) and (3) of section 1004.92,
3620
Florida Statutes, are amended to read:
3621
1004.92 Purpose and responsibilities for career
3622
education.--
3623
(1) The purpose of career education is to enable students
3624
who complete career programs to attain and sustain employment and
3625
realize economic self-sufficiency. The purpose of this section is
3626
to identify issues related to career education for which school
3627
boards and community college boards of trustees are accountable.
3628
It is the intent of the Legislature that the standards
3629
articulated in subsection (2) be considered in the development of
3630
accountability standards for public schools pursuant to ss.
3631
1000.03, 1001.42(18) 1001.42(16), and 1008.345 and for community
3632
colleges pursuant to s. 1008.45.
3633
(3) Each career center operated by a district school board
3634
shall establish a center advisory council pursuant to s.
3635
1001.452. The center advisory council shall assist in the
3636
preparation and evaluation of center improvement plans required
3637
pursuant to s. 1001.42(18) s. 1001.42(16) and may provide
3638
assistance, upon the request of the center director, in the
3639
preparation of the center's annual budget and plan as required by
3640
s. 1008.385(1).
3641
Section 61. Section 1006.061, Florida Statutes, is amended
3642
to read:
3643
1006.061 Child abuse, abandonment, and neglect
3644
policy.--Each district school board, charter school, and private
3645
school that accepts scholarship students under s. 220.187 or s.
3646
1002.39 shall:
3647
(1) Post in a prominent place in each school a notice that,
3648
pursuant to chapter 39, all employees and agents of the district
3649
school board, charter school, or private school have an
3650
affirmative duty to report all actual or suspected cases of child
3651
abuse, abandonment, or neglect; have immunity from liability if
3652
they report such cases in good faith; and have a duty to comply
3653
with child protective investigations and all other provisions of
3654
law relating to child abuse, abandonment, and neglect. The notice
3655
shall also include the statewide toll-free telephone number of
3656
the central abuse hotline.
3657
(2) Post in a prominent place at each school site and on
3658
each school's Internet website, if available, the policies and
3659
procedures for reporting alleged misconduct by instructional
3660
personnel or school administrators which affects the health,
3661
safety, or welfare of a student; the contact person to whom the
3662
report is made; and the penalties imposed on instructional
3663
personnel or school administrators who fail to report suspected
3664
or actual child abuse or alleged misconduct by other
3665
instructional personnel or school administrators.
3666
(3)(2) Require the principal of the charter school or
3667
private school, or the district school superintendent, or the
3668
superintendent's designee, at the request of the Department of
3669
Children and Family Services, to act as a liaison to the
3670
Department of Children and Family Services and the child
3671
protection team, as defined in s. 39.01, when in a case of
3672
suspected child abuse, abandonment, or neglect or an unlawful
3673
sexual offense involving a child the case is referred to such a
3674
team; except that this does not relieve or restrict the
3675
Department of Children and Family Services from discharging its
3676
duty and responsibility under the law to investigate and report
3677
every suspected or actual case of child abuse, abandonment, or
3678
neglect or unlawful sexual offense involving a child.
3679
3680
The Department of Education shall develop, and publish on the
3681
department's Internet website, sample notices suitable for
3682
posting in accordance with subsections (1) and (2).
3683
Section 62. Subsection (4) of section 1008.33, Florida
3684
Statutes, is amended to read:
3685
1008.33 Authority to enforce public school improvement.--It
3686
is the intent of the Legislature that all public schools be held
3687
accountable for students performing at acceptable levels. A
3688
system of school improvement and accountability that assesses
3689
student performance by school, identifies schools in which
3690
students are not making adequate progress toward state standards,
3691
institutes appropriate measures for enforcing improvement, and
3692
provides rewards and sanctions based on performance shall be the
3693
responsibility of the State Board of Education.
3694
(4) The State Board of Education may require the Department
3695
of Education or Chief Financial Officer to withhold any transfer
3696
of state funds to the school district if, within the timeframe
3697
specified in state board action, the school district has failed
3698
to comply with the action ordered to improve the district's low-
3699
performing schools. Withholding the transfer of funds shall occur
3700
only after all other recommended actions for school improvement
3701
have failed to improve performance. The State Board of Education
3702
may impose the same penalty on any district school board that
3703
fails to develop and implement a plan for assistance and
3704
intervention for low-performing schools as specified in s.
3705
1001.42(18)(c) s. 1001.42(16)(c).
3706
Section 63. Paragraph (c) of subsection (6) of section
3707
1008.345, Florida Statutes, is amended to read:
3708
1008.345 Implementation of state system of school
3709
improvement and education accountability.--
3710
(6)
3711
(c) Pursuant to s. 24.121(5)(d), the department shall not
3712
release funds from the Educational Enhancement Trust Fund to any
3713
district in which a school, including schools operating for the
3714
purpose of providing educational services to youth in Department
3715
of Juvenile Justice programs, does not have an approved school
3716
improvement plan, pursuant to s. 1001.42(18) s. 1001.42(16),
3717
after 1 full school year of planning and development, or does not
3718
comply with school advisory council membership composition
3719
requirements pursuant to s. 1001.452. The department shall send a
3720
technical assistance team to each school without an approved plan
3721
to develop such school improvement plan or to each school without
3722
appropriate school advisory council membership composition to
3723
develop a strategy for corrective action. The department shall
3724
release the funds upon approval of the plan or upon establishment
3725
of a plan of corrective action. Notice shall be given to the
3726
public of the department's intervention and shall identify each
3727
school without a plan or without appropriate school advisory
3728
council membership composition.
3729
Section 64. Subsection (5) of section 1010.215, Florida
3730
Statutes, is amended to read:
3731
1010.215 Educational funding accountability.--
3732
(5) The annual school public accountability report required
3733
by ss. 1001.42(18) 1001.42(16) and 1008.345 must include a school
3734
financial report. The purpose of the school financial report is
3735
to better inform parents and the public concerning how funds were
3736
spent to operate the school during the prior fiscal year. Each
3737
school's financial report must follow a uniform, districtwide
3738
format that is easy to read and understand.
3739
(a) Total revenue must be reported at the school, district,
3740
and state levels. The revenue sources that must be addressed are
3741
state and local funds, other than lottery funds; lottery funds;
3742
federal funds; and private donations.
3743
(b) Expenditures must be reported as the total expenditures
3744
per unweighted full-time equivalent student at the school level
3745
and the average expenditures per full-time equivalent student at
3746
the district and state levels in each of the following categories
3747
and subcategories:
3748
1. Teachers, excluding substitute teachers, and education
3749
paraprofessionals who provide direct classroom instruction to
3750
students enrolled in programs classified by s. 1011.62 as:
3751
a. Basic programs;
3752
b. Students-at-risk programs;
3753
c. Special programs for exceptional students;
3754
d. Career education programs; and
3755
e. Adult programs.
3756
2. Substitute teachers.
3757
3. Other instructional personnel, including school-based
3758
instructional specialists and their assistants.
3759
4. Contracted instructional services, including training
3760
for instructional staff and other contracted instructional
3761
services.
3762
5. School administration, including school-based
3763
administrative personnel and school-based education support
3764
personnel.
3765
6. The following materials, supplies, and operating capital
3766
outlay:
3767
a. Textbooks;
3768
b. Computer hardware and software;
3769
c. Other instructional materials;
3770
d. Other materials and supplies; and
3771
e. Library media materials.
3772
7. Food services.
3773
8. Other support services.
3774
9. Operation and maintenance of the school plant.
3775
(c) The school financial report must also identify the
3776
types of district-level expenditures that support the school's
3777
operations. The total amount of these district-level expenditures
3778
must be reported and expressed as total expenditures per full-
3779
time equivalent student.
3780
Section 65. Paragraph (b) of subsection (6) of section
3781
1011.18, Florida Statutes, is amended to read:
3782
1011.18 School depositories; payments into and withdrawals
3783
from depositories.--
3784
(6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
3785
ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
3786
(b) The district school board may contract with an
3787
insurance company or professional administrator who holds a valid
3788
certificate of authority issued by the Office of Insurance
3789
Regulation of the Financial Services Commission to provide any or
3790
all services that a third-party administrator is authorized by
3791
law to perform. Pursuant to such contract, the district school
3792
board may advance or remit money to the administrator to be
3793
deposited in a designated special checking account for paying
3794
claims against the district school board under its self-insurance
3795
programs, and remitting premiums to the providers of insured
3796
benefits on behalf of the district school board and the
3797
participants in such programs, and otherwise fulfilling the
3798
obligations imposed upon the administrator by law and the
3799
contractual agreements between the district school board and the
3800
administrator. The special checking account shall be maintained
3801
in a designated district school depository. The district school
3802
board may replenish such account as often as necessary upon the
3803
presentation by the service organization of documentation for
3804
claims or premiums due paid equal to the amount of the requested
3805
reimbursement. Such replenishment shall be made by a warrant
3806
signed by the chair of the district school board and
3807
countersigned by the district school superintendent. Such
3808
replenishment may be made by electronic, telephonic, or other
3809
medium, and each transfer shall be confirmed in writing and
3810
signed by the district school superintendent or his or her
3811
designee. The provisions of strict accountability of all funds
3812
and an annual audit by an independent certified public accountant
3813
as provided in s. 1001.42(12)(k) s. 1001.42(10)(k) shall apply to
3814
this subsection.
3815
Section 66. Subsection (6) of section 1012.27, Florida
3816
Statutes, is renumbered as subsection (7), and a new subsection
3817
(6) is added to that section to read:
3818
1012.27 Public school personnel; powers and duties of
3819
district school superintendent.--The district school
3820
superintendent is responsible for directing the work of the
3821
personnel, subject to the requirements of this chapter, and in
3822
addition the district school superintendent shall perform the
3823
following:
3824
(6) EMPLOYMENT HISTORY CHECKS.--Before employing
3825
instructional personnel and school administrators, as defined in
3826
s. 1012.01, in any position that requires direct contact with
3827
students, conduct employment history checks of each of the
3828
personnel's or administrators' previous employer, screen the
3829
personnel or administrators through use of the educator screening
3830
tools described in s. 1001.10(5), and document the findings. If
3831
unable to contact a previous employer, the district school
3832
superintendent shall document efforts to contact the employer.
3833
Section 67. Section 1012.315, Florida Statutes, is created
3834
to read:
3835
1012.315 Disqualification from employment.--A person is
3836
ineligible for educator certification, and instructional
3837
personnel and school administrators, as defined in s. 1012.01,
3838
are ineligible for employment in any position that requires
3839
direct contact with students in a district school system, charter
3840
school, or private school that accepts scholarship students under
3841
s. 220.187 or s. 1002.39, if the person, instructional personnel,
3842
or school administrator has been convicted of:
3843
(1) Any felony offense prohibited under any of the
3844
following statutes:
3845
(a) Section 393.135, relating to sexual misconduct with
3846
certain developmentally disabled clients and reporting of such
3847
sexual misconduct.
3848
(b) Section 394.4593, relating to sexual misconduct with
3849
certain mental health patients and reporting of such sexual
3850
misconduct.
3851
(c) Section 415.111, relating to adult abuse, neglect, or
3852
exploitation of aged persons or disabled adults.
3853
(d) Section 782.04, relating to murder.
3854
(e) Section 782.07, relating to manslaughter, aggravated
3855
manslaughter of an elderly person or disabled adult, aggravated
3856
manslaughter of a child, or aggravated manslaughter of an
3857
officer, a firefighter, an emergency medical technician, or a
3858
paramedic.
3859
(f) Section 782.09, relating to killing of an unborn quick
3860
child by injury to the mother.
3861
(g) Section 784.021, relating to aggravated assault.
3862
(h) Section 784.045, relating to aggravated battery.
3863
(i) Section 784.075, relating to battery on a detention or
3864
commitment facility staff.
3865
(j) Section 787.01, relating to kidnapping.
3866
(k) Section 787.02, relating to false imprisonment.
3867
(l) Section 787.025, relating to luring or enticing a
3868
child.
3869
(m) Section 787.04(2), relating to leading, taking,
3870
enticing, or removing a minor beyond the state limits, or
3871
concealing the location of a minor, with criminal intent pending
3872
custody proceedings.
3873
(n) Section 787.04(3), relating to leading, taking,
3874
enticing, or removing a minor beyond the state limits, or
3875
concealing the location of a minor, with criminal intent pending
3876
dependency proceedings or proceedings concerning alleged abuse or
3877
neglect of a minor.
3878
(o) Section 790.115(1), relating to exhibiting firearms or
3879
weapons within 1,000 feet of a school.
3880
(p) Section 790.115(2)(b), relating to possessing an
3881
electric weapon or device, destructive device, or other weapon on
3882
school property.
3883
(q) Section 794.011, relating to sexual battery.
3884
(r) Former section 794.041, relating to prohibited act of
3885
familial or custodial authority.
3886
(s) Section 794.05, relating to unlawful sexual activity
3887
with certain minors.
3888
(t) Section 794.08, relating to female genital mutilation.
3889
(u) Chapter 796, relating to prostitution.
3890
(v) Chapter 800, relating to lewdness and indecent
3891
exposure.
3892
(w) Section 806.01, relating to arson.
3893
(x) Section 810.14, relating to voyeurism.
3894
(y) Section 810.145, relating to video voyeurism.
3895
(z) Section 812.014(6), relating to coordinating the
3896
commission of theft in excess of $3,000.
3897
(aa) Section 812.0145, relating to theft from persons 65
3898
years of age or older.
3899
(bb) Section 812.019, relating to dealing in stolen
3900
property.
3901
(cc) Section 812.13, relating to robbery.
3902
(dd) Section 812.131, relating to robbery by sudden
3903
snatching.
3904
(ee) Section 812.133, relating to carjacking.
3905
(ff) Section 812.135, relating to home-invasion robbery.
3906
(gg) Section 817.563, relating to fraudulent sale of
3907
controlled substances.
3908
(hh) Section 825.102, relating to abuse, aggravated abuse,
3909
or neglect of an elderly person or disabled adult.
3910
(ii) Section 825.103, relating to exploitation of an
3911
elderly person or disabled adult.
3912
(jj) Section 825.1025, relating to lewd or lascivious
3913
offenses committed upon or in the presence of an elderly person
3914
or disabled person.
3915
(kk) Section 826.04, relating to incest.
3916
(ll) Section 827.03, relating to child abuse, aggravated
3917
child abuse, or neglect of a child.
3918
(mm) Section 827.04, relating to contributing to the
3919
delinquency or dependency of a child.
3920
(nn) Section 827.071, relating to sexual performance by a
3921
child.
3922
(oo) Section 843.01, relating to resisting arrest with
3923
violence.
3924
(pp) Chapter 847, relating to obscenity.
3925
(qq) Section 874.05, relating to encouraging or recruiting
3926
another to join a criminal gang.
3927
(rr) Chapter 893, relating to drug abuse prevention and
3928
control, if the offense was a felony of the second degree or
3929
greater severity.
3930
(ss) Section 916.1075, relating to sexual misconduct with
3931
certain forensic clients and reporting of such sexual misconduct.
3932
(tt) Section 944.47, relating to introduction of contraband
3933
into a correctional facility.
3934
(uu) Section 985.701, relating to sexual misconduct in
3935
juvenile justice programs.
3936
(vv) Section 985.711, relating to contraband introduced
3937
into detention facilities.
3938
(2) Any misdemeanor offense prohibited under any of the
3939
following statutes:
3940
(a) Section 784.03, relating to battery, if the victim of
3941
the offense was a minor.
3942
(b) Section 787.025, relating to luring or enticing a
3943
child.
3944
(3) Any criminal act committed in another state or under
3945
federal law which, if committed in this state, constitutes an
3946
offense prohibited under any statute listed in subsection (1) or
3947
subsection (2).
3948
(4) Any delinquent act committed in this state or any
3949
delinquent or criminal act committed in another state or under
3950
federal law which, if committed in this state, qualifies an
3951
individual for inclusion on the Registered Juvenile Sex Offender
3952
List under s. 943.0435(1)(a)1.d.
3953
Section 68. Subsections (1) and (2) and paragraph (c) of
3954
subsection (3) of section 1012.32, Florida Statutes, are amended
3955
to read:
3956
1012.32 Qualifications of personnel.--
3957
(1) To be eligible for appointment in any position in any
3958
district school system, a person must shall be of good moral
3959
character; must shall have attained the age of 18 years, if he or
3960
she is to be employed in an instructional capacity; must not be
3961
ineligible for such employment under s. 1012.315; and must shall,
3962
when required by law, hold a certificate or license issued under
3963
rules of the State Board of Education or the Department of
3964
Children and Family Services, except when employed pursuant to s.
3965
1012.55 or under the emergency provisions of s. 1012.24. Previous
3966
residence in this state shall not be required in any school of
3967
the state as a prerequisite for any person holding a valid
3968
Florida certificate or license to serve in an instructional
3969
capacity.
3970
(2)(a) Instructional and noninstructional personnel who are
3971
hired or contracted to fill positions that require requiring
3972
direct contact with students in any district school system or
3973
university lab school must shall, upon employment or engagement
3974
to provide services, undergo background screening as required
3975
under s. 1012.465 or s. 1012.56, whichever is applicable.
3976
(b) Instructional and noninstructional personnel who are
3977
hired or contracted to fill positions in any charter school and
3978
members of the governing board of any charter school, in
3979
compliance with s. 1002.33(12)(g), must shall, upon employment,
3980
engagement of services, or appointment, undergo background
3981
screening as required under s. 1012.465 or s. 1012.56, whichever
3982
is applicable, by filing with the district school board for the
3983
school district in which the charter school is located a complete
3984
set of fingerprints taken by an authorized law enforcement agency
3985
or an employee of the school or school district who is trained to
3986
take fingerprints.
3987
(c) Instructional and noninstructional personnel who are
3988
hired or contracted to fill positions that require requiring
3989
direct contact with students in an alternative school that
3990
operates under contract with a district school system must shall,
3991
upon employment or engagement to provide services, undergo
3992
background screening as required under s. 1012.465 or s. 1012.56,
3993
whichever is applicable, by filing with the district school board
3994
for the school district to which the alternative school is under
3995
contract a complete set of fingerprints taken by an authorized
3996
law enforcement agency or an employee of the school or school
3997
district who is trained to take fingerprints.
3998
(d) Student teachers, persons participating in a field
3999
experience pursuant to s. 1004.04(6) or s. 1004.85, and persons
4000
participating in a short-term experience as a teacher assistant
4001
pursuant to s. 1004.04(10) in any district school system, lab
4002
school, or charter school must shall, upon engagement to provide
4003
services, undergo background screening as required under s.
4004
1012.56.
4005
4006
Fingerprints shall be submitted to the Department of Law
4007
Enforcement for state criminal records checks processing and to
4008
the Federal Bureau of Investigation for national criminal records
4009
checks federal processing. A person Persons subject to this
4010
subsection who is found ineligible for employment under s.
4011
1012.315, or otherwise found through background screening
4012
fingerprint processing to have been convicted of any a crime
4013
involving moral turpitude as defined by rule of the State Board
4014
of Education, shall not be employed, engaged to provide services,
4015
or serve in any position that requires requiring direct contact
4016
with students. Probationary persons subject to this subsection
4017
terminated because of their criminal record have the right to
4018
appeal such decisions. The cost of the background screening may
4019
be borne by the district school board, the charter school, the
4020
employee, the contractor, or a person subject to this subsection.
4021
(3)
4022
(c) Personnel whose fingerprints are not retained by the
4023
Department of Law Enforcement under paragraphs (a) and (b) must
4024
are required to be refingerprinted and rescreened in accordance
4025
with subsection (2) must meet level 2 screening requirements as
4026
described in this section upon reemployment or reengagement to
4027
provide services in order to comply with the requirements of this
4028
subsection.
4029
Section 69. Paragraph (a) of subsection (1), paragraph (c)
4030
of subsection (4), and paragraph (b) of subsection (6) of section
4031
1012.33, Florida Statutes, are amended to read:
4032
1012.33 Contracts with instructional staff, supervisors,
4033
and school principals.--
4034
(1)(a) Each person employed as a member of the
4035
instructional staff in any district school system shall be
4036
properly certified pursuant to s. 1012.56 or s. 1012.57 or
4037
employed pursuant to s. 1012.39 and shall be entitled to and
4038
shall receive a written contract as specified in this section.
4039
All such contracts, except continuing contracts as specified in
4040
subsection (4), shall contain provisions for dismissal during the
4041
term of the contract only for just cause. Just cause includes,
4042
but is not limited to, the following instances, as defined by
4043
rule of the State Board of Education: immorality, misconduct in
4044
office, incompetency, gross insubordination, willful neglect of
4045
duty, or being convicted or found guilty of, or entering a plea
4046
of guilty to, regardless of adjudication of guilt, any or
4047
conviction of a crime involving moral turpitude.
4048
(4)
4049
(c) Any member of the district administrative or
4050
supervisory staff and any member of the instructional staff,
4051
including any school principal, who is under continuing contract
4052
may be suspended or dismissed at any time during the school year;
4053
however, the charges against him or her must be based on
4054
immorality, misconduct in office, incompetency, gross
4055
insubordination, willful neglect of duty, drunkenness, or being
4056
convicted or found guilty of, or entering a plea of guilty to,
4057
regardless of adjudication of guilt, any conviction of a crime
4058
involving moral turpitude, as these terms are defined by rule of
4059
the State Board of Education. Whenever such charges are made
4060
against an any such employee of the district school board, the
4061
district school board may suspend such person without pay; but,
4062
if the charges are not sustained, he or she shall be immediately
4063
reinstated, and his or her back salary shall be paid. In cases of
4064
suspension by the district school board or by the district school
4065
superintendent, the district school board shall determine upon
4066
the evidence submitted whether the charges have been sustained
4067
and, if the charges are sustained, shall determine either to
4068
dismiss the employee or fix the terms under which he or she may
4069
be reinstated. If such charges are sustained by a majority vote
4070
of the full membership of the district school board and the such
4071
employee is discharged, his or her contract of employment shall
4072
be thereby canceled. Any such decision adverse to the employee
4073
may be appealed by the employee pursuant to s. 120.68, provided
4074
the such appeal is filed within 30 days after the decision of the
4075
district school board.
4076
(6)
4077
(b) Any member of the district administrative or
4078
supervisory staff, including any principal but excluding an
4079
employee specified in subsection (4), may be suspended or
4080
dismissed at any time during the term of the contract; however,
4081
the charges against him or her must be based on immorality,
4082
misconduct in office, incompetency, gross insubordination,
4083
willful neglect of duty, drunkenness, or being convicted or found
4084
guilty of, or entering a plea of guilty, regardless of
4085
adjudication of guilt, conviction of any crime involving moral
4086
turpitude, as these terms are defined by rule of the State Board
4087
of Education. Whenever such charges are made against an any such
4088
employee of the district school board, the district school board
4089
may suspend the employee without pay; but, if the charges are not
4090
sustained, he or she shall be immediately reinstated, and his or
4091
her back salary shall be paid. In cases of suspension by the
4092
district school board or by the district school superintendent,
4093
the district school board shall determine upon the evidence
4094
submitted whether the charges have been sustained and, if the
4095
charges are sustained, shall determine either to dismiss the
4096
employee or fix the terms under which he or she may be
4097
reinstated. If such charges are sustained by a majority vote of
4098
the full membership of the district school board and the such
4099
employee is discharged, his or her contract of employment shall
4100
be thereby canceled. Any such decision adverse to the employee
4101
may be appealed by him or her pursuant to s. 120.68, provided
4102
such appeal is filed within 30 days after the decision of the
4103
district school board.
4104
Section 70. Subsection (4) of section 1012.34, Florida
4105
Statutes, is amended to read:
4106
1012.34 Assessment procedures and criteria.--
4107
(4) The district school superintendent shall notify the
4108
department of any instructional personnel who receive two
4109
consecutive unsatisfactory evaluations and who have been given
4110
written notice by the district that their employment is being
4111
terminated or is not being renewed or that the district school
4112
board intends to terminate, or not renew, their employment. The
4113
department shall conduct an investigation to determine whether
4114
action shall be taken against the certificateholder pursuant to
4115
s. 1012.795(1)(c) s. 1012.795(1)(b).
4116
Section 71. Subsections (9) and (14) of section 1012.56,
4117
Florida Statutes, are amended to read:
4118
1012.56 Educator certification requirements.--
4119
(9) BACKGROUND SCREENING REQUIRED, INITIALLY AND
4120
PERIODICALLY.--
4121
(a) Each person who seeks certification under this chapter
4122
must be fingerprinted and screened meet level 2 screening
4123
requirements as described in accordance with s. 1012.32 and must
4124
not be ineligible for such certification under s. 1012.315. A
4125
person who has been screened in accordance with s. 1012.32 unless
4126
a level 2 screening has been conducted by a district school board
4127
or the Department of Education within 12 months before the date
4128
the person initially obtains certification under this chapter,
4129
the results of which are submitted to the district school board
4130
or to the Department of Education, is not required to repeat the
4131
screening under this paragraph.
4132
(b) A person may not receive a certificate under this
4133
chapter until the person's level 2 screening under s. 1012.32 is
4134
has been completed and the results have been submitted to the
4135
Department of Education or to the district school superintendent
4136
of the school district that employs the person. Every 5 years
4137
after obtaining initial certification, each person who is
4138
required to be certified under this chapter must be rescreened
4139
meet level 2 screening requirements as described in accordance
4140
with s. 1012.32, at which time the school district shall request
4141
the Department of Law Enforcement to forward the fingerprints to
4142
the Federal Bureau of Investigation for national criminal records
4143
checks the level 2 screening. If, for any reason after obtaining
4144
initial certification, the fingerprints of a person who is
4145
required to be certified under this chapter are not retained by
4146
the Department of Law Enforcement under s. 1012.32(3)(a) and (b),
4147
the person must file a complete set of fingerprints with the
4148
district school superintendent of the employing school district.
4149
Upon submission of fingerprints for this purpose, the school
4150
district shall request the Department of Law Enforcement to
4151
forward the fingerprints to the Federal Bureau of Investigation
4152
for national criminal records checks the level 2 screening, and
4153
the fingerprints shall be retained by the Department of Law
4154
Enforcement under s. 1012.32(3)(a) and (b). The cost of the state
4155
and national federal criminal history checks check required by
4156
paragraph (a) and this paragraph level 2 screening may be borne
4157
by the district school board or the employee. Under penalty of
4158
perjury, each person who is certified under this chapter must
4159
agree to inform his or her employer within 48 hours if convicted
4160
of any disqualifying offense while he or she is employed in a
4161
position for which such certification is required.
4162
(c) If it is found under s. 1012.796 that a person who is
4163
employed in a position requiring certification under this chapter
4164
has does not been screened in accordance with s. 1012.32, or is
4165
ineligible for such certification under s. 1012.315 meet the
4166
level 2 screening requirements, the person's certification shall
4167
be immediately revoked or suspended and he or she shall be
4168
immediately suspended from the position requiring certification.
4169
(14) PERSONNEL RECORDS.--The Department of Education shall
4170
maintain an electronic database that includes, but need not be
4171
limited to, a complete statement of the academic preparation,
4172
professional training, and teaching experience of each person to
4173
whom a certificate is issued. The applicant or the district
4174
school superintendent shall furnish the information using a
4175
format or forms provided by the department.
4176
Section 72. Subsection (1) and paragraph (a) of subsection
4177
(8) of section 1012.79, Florida Statutes, are amended to read:
4178
1012.79 Education Practices Commission; organization.--
4179
(1) The Education Practices Commission consists of 25 17
4180
members, including 8 7 teachers;, 5 administrators, at least one
4181
of whom shall represent a private school; 7 and 5 lay citizens, 5
4182
(of whom shall be parents of public school students and who are
4183
unrelated to public school employees and 2 of whom shall be
4184
former district school board members;), and 5 sworn law
4185
enforcement officials, appointed by the State Board of Education
4186
from nominations by the Commissioner of Education and subject to
4187
Senate confirmation. Prior to making nominations, the
4188
commissioner shall consult with the teaching associations, parent
4189
organizations, law enforcement agencies, and other involved
4190
associations in the state. In making nominations, the
4191
commissioner shall attempt to achieve equal geographical
4192
representation, as closely as possible.
4193
(a) A teacher member, in order to be qualified for
4194
appointment:
4195
1. Must be certified to teach in the state.
4196
2. Must be a resident of the state.
4197
3. Must have practiced the profession in this state for at
4198
least 5 years immediately preceding the appointment.
4199
(b) A school administrator member, in order to be qualified
4200
for appointment:
4201
1. Must have an endorsement on the educator certificate in
4202
the area of school administration or supervision.
4203
2. Must be a resident of the state.
4204
3. Must have practiced the profession as an administrator
4205
for at least 5 years immediately preceding the appointment.
4206
(c) The lay members must be residents of the state.
4207
(d) The law enforcement official members must have served
4208
in the profession for at least 5 years immediately preceding
4209
appointment and have background expertise in child safety.
4210
(8)(a) The commission shall, from time to time, designate
4211
members of the commission to serve on panels for the purpose of
4212
reviewing and issuing final orders upon cases presented to the
4213
commission. A case concerning a complaint against a teacher shall
4214
be reviewed and a final order thereon shall be entered by a panel
4215
composed of five commission members, at least one of whom must be
4216
a parent or a sworn law enforcement officer and at least three of
4217
whom must shall be teachers. A case concerning a complaint
4218
against an administrator shall be reviewed and a final order
4219
thereon shall be entered by a panel composed of five commission
4220
members, at least one of whom must be a parent or a sworn law
4221
enforcement officer and at least three of whom must shall be
4222
administrators.
4223
Section 73. Subsection (1) of section 1012.795, Florida
4224
Statutes, is amended to read:
4225
1012.795 Education Practices Commission; authority to
4226
discipline.--
4227
(1) The Education Practices Commission may suspend the
4228
educator certificate of any person as defined in s. 1012.01(2) or
4229
(3) for a period of time not to exceed 5 years, thereby denying
4230
that person the right to teach or otherwise be employed by a
4231
district school board or public school in any capacity requiring
4232
direct contact with students for that period of time, after which
4233
the holder may return to teaching as provided in subsection (4);
4234
may revoke the educator certificate of any person, thereby
4235
denying that person the right to teach or otherwise be employed
4236
by a district school board or public school in any capacity
4237
requiring direct contact with students for a period of time not
4238
to exceed 10 years, with reinstatement subject to the provisions
4239
of subsection (4); may revoke permanently the educator
4240
certificate of any person thereby denying that person the right
4241
to teach or otherwise be employed by a district school board or
4242
public school in any capacity requiring direct contact with
4243
students; may suspend the educator certificate, upon order of the
4244
court, of any person found to have a delinquent child support
4245
obligation; or may impose any other penalty provided by law, if
4246
provided it can be shown that the person:
4247
(a) Obtained or attempted to obtain an educator certificate
4248
by fraudulent means.
4249
(b) Knowingly failed to report actual or suspected child
4250
abuse as required in s. 1006.061 or report alleged misconduct by
4251
instructional personnel or school administrators which affects
4252
the health, safety, or welfare of a student as required in s.
4253
1012.796.
4254
(c)(b) Has proved to be incompetent to teach or to perform
4255
duties as an employee of the public school system or to teach in
4256
or to operate a private school.
4257
(d)(c) Has been guilty of gross immorality or an act
4258
involving moral turpitude as defined by rule of the State Board
4259
of Education.
4260
(e)(d) Has had an educator certificate sanctioned by
4261
revocation, suspension, or surrender in another state.
4262
(f)(e) Has been convicted or found guilty of, or entered a
4263
plea of guilty to, regardless of adjudication of guilt, a
4264
misdemeanor, felony, or any other criminal charge, other than a
4265
minor traffic violation.
4266
(g)(f) Upon investigation, has been found guilty of
4267
personal conduct which seriously reduces that person's
4268
effectiveness as an employee of the district school board.
4269
(h)(g) Has breached a contract, as provided in s.
4270
1012.33(2).
4271
(i)(h) Has been the subject of a court order directing the
4272
Education Practices Commission to suspend the certificate as a
4273
result of a delinquent child support obligation.
4274
(j)(i) Has violated the Principles of Professional Conduct
4275
for the Education Profession prescribed by State Board of
4276
Education rules.
4277
(k)(j) Has otherwise violated the provisions of law, the
4278
penalty for which is the revocation of the educator certificate.
4279
(l)(k) Has violated any order of the Education Practices
4280
Commission.
4281
(m)(l) Has been the subject of a court order or plea
4282
agreement in any jurisdiction which requires the
4283
certificateholder to surrender or otherwise relinquish his or her
4284
educator's certificate. A surrender or relinquishment shall be
4285
for permanent revocation of the certificate. A person may not
4286
surrender or otherwise relinquish his or her certificate prior to
4287
a finding of probable cause by the commissioner as provided in s.
4288
1012.796.
4289
(n) Has been disqualified from educator certification under
4290
s. 1012.315.
4291
Section 74. Subsections (1), (3), and (5) of section
4292
1012.796, Florida Statutes, are amended to read:
4293
1012.796 Complaints against teachers and administrators;
4294
procedure; penalties.--
4295
(1)(a) The Department of Education shall cause to be
4296
investigated expeditiously any complaint filed before it or
4297
otherwise called to its attention which, if legally sufficient,
4298
contains grounds for the revocation or suspension of a
4299
certificate or any other appropriate penalty as set forth in
4300
subsection (7). The complaint is legally sufficient if it
4301
contains the ultimate facts which show a violation has occurred
4302
as provided in s. 1012.795 and defined by rule of the State Board
4303
of Education. The department shall may investigate or continue to
4304
investigate and take appropriate action on a complaint even
4305
though the original complainant withdraws the complaint or
4306
otherwise indicates a desire not to cause it to be investigated
4307
or prosecuted to completion. The department may investigate or
4308
continue to investigate and take action on a complaint filed
4309
against a person whose educator certificate has expired if the
4310
act or acts that which are the basis for the complaint were
4311
allegedly committed while that person possessed an educator
4312
certificate.
4313
(b) The department shall immediately investigate any
4314
legally sufficient complaint that involves misconduct by any
4315
certificated personnel which affects the health, safety, or
4316
welfare of a student, giving the complaint priority over other
4317
pending complaints. The department must investigate or continue
4318
to investigate and take action on such a complaint filed against
4319
a person whose educator certificate has expired if the act or
4320
acts that are the basis for the complaint were allegedly
4321
committed while that person possessed an educator certificate.
4322
(c)(b) When an investigation is undertaken, the department
4323
shall notify the certificateholder or applicant for certification
4324
and the district school superintendent or the university
4325
laboratory school, charter school, or private school in which the
4326
certificateholder or applicant for certification is employed or
4327
was employed at the time the alleged offense occurred. In
4328
addition, the department shall inform the certificateholder or
4329
applicant for certification of the substance of any complaint
4330
which has been filed against that certificateholder or applicant,
4331
unless the department determines that such notification would be
4332
detrimental to the investigation, in which case the department
4333
may withhold notification.
4334
(d)(c) Each school district shall file in writing with the
4335
department all legally sufficient complaints within 30 days after
4336
the date on which subject matter of the complaint comes to the
4337
attention of the school district. A complaint is legally
4338
sufficient if it contains ultimate facts that show a violation
4339
has occurred as provided in s. 1012.795 and defined by rule of
4340
the State Board of Education. The school district shall include
4341
all information relating to the complaint which is known to the
4342
school district at the time of filing. Each district school board
4343
shall develop and adopt policies and procedures to comply with
4344
this reporting requirement. School board policies and procedures
4345
must include standards for screening, hiring, and terminating
4346
instructional personnel and school administrators, as defined in
4347
s. 1012.01; standards of ethical conduct for instructional
4348
personnel and school administrators; the duties of instructional
4349
personnel and school administrators for upholding the standards;
4350
detailed procedures for reporting alleged misconduct by
4351
instructional personnel and school administrators which affects
4352
the health, safety, or welfare of a student; requirements for the
4353
reassignment of instructional personnel or school administrators
4354
pending the outcome of a misconduct investigation; and penalties
4355
for failing to comply with s. 1001.51 or s. 1012.795. The
4356
district school board policies and procedures shall include
4357
appropriate penalties for all personnel of the district school
4358
board for nonreporting and procedures for promptly informing the
4359
district school superintendent of each legally sufficient
4360
complaint. The district school superintendent is charged with
4361
knowledge of these policies and procedures and is accountable for
4362
the training of all instructional personnel and school
4363
administrators of the school district on the standards of ethical
4364
conduct, policies, and procedures. If the district school
4365
superintendent has knowledge of a legally sufficient complaint
4366
and does not report the complaint, or fails to enforce the
4367
policies and procedures of the district school board, and fails
4368
to comply with the requirements of this subsection, in addition
4369
to other actions against certificateholders authorized by law,
4370
the district school superintendent is shall be subject to
4371
penalties as specified in s. 1001.51(12). If the superintendent
4372
determines that misconduct by instructional personnel or school
4373
administrators who hold an educator certificate affects the
4374
health, safety, or welfare of a student, and the misconduct
4375
warrants termination, the instructional personnel or school
4376
administrators may resign or be terminated, and the
4377
superintendent must report the misconduct to the department in
4378
the format prescribed by the department. The department shall
4379
maintain each report of misconduct as a public record in the
4380
instructional personnel's or school administrators' certification
4381
files. This paragraph does not limit or restrict the power and
4382
duty of the department to investigate complaints as provided in
4383
paragraphs (a) and (b), regardless of the school district's
4384
untimely filing, or failure to file, complaints and followup
4385
reports.
4386
(e) If allegations arise against an employee who is
4387
certified under s. 1012.56, and employed in an educator-
4388
certificated position in any school or by any provider in the
4389
state, such school or provider, or governing body thereof, shall
4390
file in writing with the department a legally sufficient
4391
complaint within 30 days after the date on which the subject
4392
matter of the complaint came to the attention of the school or
4393
provider. A complaint is legally sufficient if it contains
4394
ultimate facts that show a violation has occurred as provided in
4395
s. 1012.795 and defined by rule of the State Board of Education.
4396
The school or provider shall include all known information
4397
relating to the complaint with the filing of the complaint. This
4398
paragraph does not limit or restrict the power and duty of the
4399
department to investigate complaints, regardless of the school's
4400
or the provider's untimely filing, or failure to file, complaints
4401
and followup reports.
4402
(f)(d) Notwithstanding any other law, all law enforcement
4403
agencies, state attorneys, social service agencies, district
4404
school boards, and the Division of Administrative Hearings shall
4405
fully cooperate with and, upon request, shall provide unredacted
4406
documents to the Department of Education to further
4407
investigations and prosecutions conducted pursuant to this
4408
section. Any document received pursuant to this paragraph may not
4409
be redisclosed except as authorized by law.
4410
(3) The department staff shall advise the commissioner
4411
concerning the findings of the investigation. The department
4412
general counsel or members of that staff shall review the
4413
investigation and advise the commissioner concerning probable
4414
cause or lack thereof. The determination of probable cause shall
4415
be made by the commissioner. The commissioner shall provide an
4416
opportunity for a conference, if requested, prior to determining
4417
probable cause. The commissioner may enter into deferred
4418
prosecution agreements in lieu of finding probable cause if, when
4419
in his or her judgment, such agreements are would be in the best
4420
interests of the department, the certificateholder, and the
4421
public. Such deferred prosecution agreements shall become
4422
effective when filed with the clerk of the Education Practices
4423
Commission. However, a deferred prosecution agreement shall not
4424
be entered into if where there is probable cause to believe that
4425
a felony or an act of moral turpitude, as defined by rule of the
4426
State Board of Education, has occurred. Upon finding no probable
4427
cause, the commissioner shall dismiss the complaint.
4428
(5) When an allegation of misconduct by instructional
4429
personnel or school administrators, as defined in s. 1012.01, is
4430
received, if the alleged misconduct affects deemed necessary to
4431
protect the health, safety, or and welfare of a minor student,
4432
the district school superintendent in consultation with the
4433
school principal, or may, and upon the request of the
4434
Commissioner of Education, must immediately shall, temporarily
4435
suspend the instructional personnel or school administrators a
4436
certificateholder from the certificateholder's regularly assigned
4437
duties, with pay, and reassign the suspended personnel or
4438
administrators certificateholder to positions a position that do
4439
does not require direct contact with students in the district
4440
school system. Such suspension shall continue until the
4441
completion of the proceedings and the determination of sanctions,
4442
if any, pursuant to this section and s. 1012.795.
4443
Section 75. Paragraph (b) of subsection (4) of section
4444
1012.98, Florida Statutes, is amended to read:
4445
1012.98 School Community Professional Development Act.--
4446
(4) The Department of Education, school districts, schools,
4447
community colleges, and state universities share the
4448
responsibilities described in this section. These
4449
responsibilities include the following:
4450
(b) Each school district shall develop a professional
4451
development system as specified in subsection (3). The system
4452
shall be developed in consultation with teachers, teacher-
4453
educators of community colleges and state universities, business
4454
and community representatives, and local education foundations,
4455
consortia, and professional organizations. The professional
4456
development system must:
4457
1. Be approved by the department. All substantial revisions
4458
to the system shall be submitted to the department for review for
4459
continued approval.
4460
2. Be based on analyses of student achievement data and
4461
instructional strategies and methods that support rigorous,
4462
relevant, and challenging curricula for all students. Schools and
4463
districts, in developing and refining the professional
4464
development system, shall also review and monitor school
4465
discipline data; school environment surveys; assessments of
4466
parental satisfaction; performance appraisal data of teachers,
4467
managers, and administrative personnel; and other performance
4468
indicators to identify school and student needs that can be met
4469
by improved professional performance.
4470
3. Provide inservice activities coupled with followup
4471
support appropriate to accomplish district-level and school-level
4472
improvement goals and standards. The inservice activities for
4473
instructional personnel shall focus on analysis of student
4474
achievement data, ongoing formal and informal assessments of
4475
student achievement, identification and use of enhanced and
4476
differentiated instructional strategies that emphasize rigor,
4477
relevance, and reading in the content areas, enhancement of
4478
subject content expertise, integrated use of classroom technology
4479
that enhances teaching and learning, classroom management, parent
4480
involvement, and school safety.
4481
4. Include a master plan for inservice activities, pursuant
4482
to rules of the State Board of Education, for all district
4483
employees from all fund sources. The master plan shall be updated
4484
annually by September 1, must be based on input from teachers and
4485
district and school instructional leaders, and must use the
4486
latest available student achievement data and research to enhance
4487
rigor and relevance in the classroom. Each district inservice
4488
plan must be aligned to and support the school-based inservice
4489
plans and school improvement plans pursuant to s. 1001.42(18) s.
4490
1001.42(16). District plans must be approved by the district
4491
school board annually in order to ensure compliance with
4492
subsection (1) and to allow for dissemination of research-based
4493
best practices to other districts. District school boards must
4494
submit verification of their approval to the Commissioner of
4495
Education no later than October 1, annually.
4496
5. Require each school principal to establish and maintain
4497
an individual professional development plan for each
4498
instructional employee assigned to the school as a seamless
4499
component to the school improvement plans developed pursuant to
4500
s. 1001.42(18) s. 1001.42(16). The individual professional
4501
development plan must:
4502
a. Be related to specific performance data for the students
4503
to whom the teacher is assigned.
4504
b. Define the inservice objectives and specific measurable
4505
improvements expected in student performance as a result of the
4506
inservice activity.
4507
c. Include an evaluation component that determines the
4508
effectiveness of the professional development plan.
4509
6. Include inservice activities for school administrative
4510
personnel that address updated skills necessary for instructional
4511
leadership and effective school management pursuant to s.
4512
1012.986.
4513
7. Provide for systematic consultation with regional and
4514
state personnel designated to provide technical assistance and
4515
evaluation of local professional development programs.
4516
8. Provide for delivery of professional development by
4517
distance learning and other technology-based delivery systems to
4518
reach more educators at lower costs.
4519
9. Provide for the continuous evaluation of the quality and
4520
effectiveness of professional development programs in order to
4521
eliminate ineffective programs and strategies and to expand
4522
effective ones. Evaluations must consider the impact of such
4523
activities on the performance of participating educators and
4524
their students' achievement and behavior.
4525
Section 76. Subsection (4) of section 1013.03, Florida
4526
Statutes, is amended to read:
4527
1013.03 Functions of the department and the Board of
4528
Governors.--The functions of the Department of Education as it
4529
pertains to educational facilities of school districts and
4530
community colleges and of the Board of Governors as it pertains
4531
to educational facilities of state universities shall include,
4532
but not be limited to, the following:
4533
(4) Require each board and other appropriate agencies to
4534
submit complete and accurate financial data as to the amounts of
4535
funds from all sources that are available and spent for
4536
construction and capital improvements. The commissioner shall
4537
prescribe the format and the date for the submission of this data
4538
and any other educational facilities data. If any district does
4539
not submit the required educational facilities fiscal data by the
4540
prescribed date, the Commissioner of Education shall notify the
4541
district school board of this fact and, if appropriate action is
4542
not taken to immediately submit the required report, the district
4543
school board shall be directed to proceed pursuant to s.
4544
1001.42(13)(b) the provisions of s. 1001.42(11)(b). If any
4545
community college or university does not submit the required
4546
educational facilities fiscal data by the prescribed date, the
4547
same policy prescribed in this subsection for school districts
4548
shall be implemented.
4549
Section 77. The sum of $153,872 is appropriated from the
4550
Educational Certification and Services Trust Fund to the
4551
Department of Education for the 2008-2009 fiscal year, and two
4552
additional full-time equivalent positions and associated salary
4553
rate of 90,088 are authorized, for the purpose of implementing
4554
this act.
4555
Section 78. (1) School districts are encouraged to enter
4556
into partnerships with local businesses for purposes of
4557
mentorship opportunities, the development of employment options
4558
and additional funding sources, and other mutual benefits.
4559
(2) As a pilot program through June 30, 2011, the Palm
4560
Beach County school district may recognize its business partners
4561
by publicly displaying such business partners' names on school
4562
district property in the unincorporated areas. "Project
4563
Graduation" and athletic sponsorships are examples of appropriate
4564
recognition. The district shall make every effort to display its
4565
business partners' names in a manner that is consistent with the
4566
county standards for uniformity in size, color, and placement of
4567
signs. If the provisions of this section are inconsistent with
4568
the county ordinances or regulations relating to signs in the
4569
unincorporated areas or inconsistent with chapter 125, chapter
4570
166, or chapter 479, Florida Statutes, the provisions of this
4571
section prevail.
4572
Section 79. Except as otherwise expressly provided in this
4573
act and except for this section, which shall take effect upon
4574
becoming a law, this act shall take effect July 1, 2008.
4575
4576
================ T I T L E A M E N D M E N T ================
4577
And the title is amended as follows:
4578
Delete everything before the enacting clause
4579
and insert:
4580
A bill to be entitled
4581
An act relating to education; amending ss. 11.45, 218.50,
4582
and 218.501, F.S., relating to audit reports by the
4583
Auditor General; conforming provisions related to changes
4584
in the entities subject to a state of financial emergency;
4585
amending ss. 218.503 and 218.504, F.S.; providing that
4586
charter technical career centers are subject to certain
4587
requirements in the event of a financial emergency;
4588
requiring that the sponsor be notified of certain
4589
conditions; providing for the development of a financial
4590
recovery plan, which may be approved by the Commissioner
4591
of Education; amending s. 1002.33, F.S.; providing for
4592
duties of charter school sponsors and governing boards
4593
when charter schools and charter technical career centers
4594
experience a financial weakness or a financial emergency;
4595
specifying forms to be used by charter school applicants
4596
and sponsors; requiring applicant training and
4597
documentation; deleting the auditing requirements and
4598
financial emergency provisions for charter schools;
4599
requiring charters schools to disclose the identity of
4600
relatives of charter school personnel; providing that the
4601
immediate termination of a charter is exempt from
4602
requirements for an informal hearing or for a hearing
4603
under ch. 120, F.S.; revising provisions relating to
4604
eligible students; providing requirements for the
4605
distribution of funds for charter schools; providing for
4606
the disclosure of the performance of charter schools that
4607
are not given a school grade or school improvement rating;
4608
revising the requirements for providing information to the
4609
public on how to form and operate a charter school;
4610
providing reporting requirements; providing restrictions
4611
for the employment of relatives by charter school
4612
personnel; providing for a waiver by the Commissioner of
4613
Education; providing that members of a charter school
4614
governing board are subject to certain standards of
4615
conduct specified in ss. 112.313 and 112.3143, F.S.;
4616
amending s. 1002.335, F.S.; eliminating the requirement
4617
for district school boards to annually seek continued
4618
exclusivity from the State Board of Education; specifying
4619
additional components of cosponsor agreements; amending s.
4620
1002.34, F.S.; providing additional duties for charter
4621
technical career centers, applicants, sponsors, and
4622
governing boards; requiring the Department of Education to
4623
offer or arrange training and assistance to applicants for
4624
a charter technical career center; requiring that an
4625
applicant participate in the training; creating s.
4626
1002.345, F.S.; establishing criteria and requirements for
4627
charter schools and charter technical career centers that
4628
have financial weaknesses or are in a state of financial
4629
emergency; establishing requirements for charter schools,
4630
charter technical career centers, governing bodies, and
4631
sponsors; requiring financial audits of charter schools
4632
and charter technical career centers; providing for
4633
corrective action and financial recovery plans; providing
4634
for duties of auditors, the Commissioner of Education, and
4635
the Department of Education; requiring the State Board of
4636
Education to adopt rules; providing grounds for
4637
termination or nonrenewal of a charter; amending s.
4638
220.187, F.S.; providing legislative findings; revising
4639
program purposes; providing that specified students who
4640
are currently or have been in foster care are eligible for
4641
participation in the program; providing that siblings of
4642
certain students are eligible for participation in the
4643
program; providing income criteria for continuation of
4644
scholarships for students in foster care; revising
4645
provisions authorizing the total amount of tax credits
4646
that may be granted and deleting the reservation of a
4647
portion thereof; revising authorized uses of scholarship
4648
funds and providing for premium payments to certain
4649
students who participate in statewide assessments;
4650
revising provisions relating to expenditure of
4651
contributions received by a scholarship-funding
4652
organization during a state fiscal year; authorizing
4653
expenditure of contributions for specified administrative
4654
expenses by certain scholarship-funding organizations;
4655
providing for the annual return of specified eligible
4656
contributions to the State Treasury; removing parent
4657
responsibility for providing transportation to certain
4658
assessment sites; providing obligations of the Department
4659
of Education relating to scholarship student participation
4660
in statewide assessments; revising scholarship amounts and
4661
providing amount of premium payments; revising
4662
requirements relating to verification of student
4663
attendance for purposes of scholarship payment; providing
4664
for preservation of credits under certain circumstances;
4665
requiring the Office of Program Policy Analysis and
4666
Government Accountability to submit a report on funding
4667
for the scholarship program to the Governor and the
4668
Legislature; specifying report requirements; authorizing
4669
the Office of Program Policy Analysis and Government
4670
Accountability to request the Revenue Estimating
4671
Conference and the Education Estimating Conference to
4672
evaluate its findings and recommendations; amending s.
4673
1000.21, F.S.; providing and revising definitions;
4674
amending s. 1001.03, F.S.; requiring the State Board of
4675
Education to periodically review and revise state
4676
curriculum standards; eliminating provisions requiring
4677
that the state board report proposed revisions to the
4678
Governor and the Legislature; amending s. 1001.41, F.S.;
4679
revising the general powers of district school boards;
4680
amending s. 1001.452, F.S.; revising provisions relating
4681
to membership of school advisory councils; amending s.
4682
1003.41, F.S.; requiring that the State Board of Education
4683
replace the Sunshine State Standards with the Next
4684
Generation Sunshine State Standards; providing for
4685
application of the Sunshine State Standards pending
4686
adoption of the Next Generation Sunshine State Standards;
4687
providing requirements concerning the content and
4688
organization of the Next Generation Sunshine State
4689
Standards; requiring that the Next Generation Sunshine
4690
State Standards establish core curricular content in
4691
specified areas for certain grades or grade clusters;
4692
requiring that the state board establish schedules for the
4693
adoption and revision of the Next Generation Sunshine
4694
State Standards; requiring that the state board adopt the
4695
Next Generation Sunshine State Standards by a specified
4696
date; requiring the Commissioner of Education to provide
4697
proposed Next Generation Sunshine State Standards or
4698
proposed revisions of such standards to the state board;
4699
providing requirements concerning the commissioner's
4700
development of the proposed standards or revisions;
4701
requiring consultation with certain experts; requiring
4702
distribution of a proposal developed by the commissioner
4703
for review and comment by certain experts; requiring a
4704
written evaluation of the proposal developed by the
4705
commissioner by a research institution meeting specified
4706
criteria; requiring provision of the commissioner's
4707
proposed standards and the written evaluation and comments
4708
to the Governor, the President of the Senate, and the
4709
Speaker of the House of Representatives; authorizing
4710
rulemaking by the State Board of Education; amending s.
4711
1003.413, F.S.; requiring policies of each district school
4712
board to address an annual review of student education
4713
plans; amending s. 1003.428, F.S.; revising courses that
4714
are acceptable for high school graduation; conforming a
4715
cross-reference; creating s. 1003.4285, F.S.; providing
4716
for high school diploma designations; amending ss.
4717
1003.429, 1003.43, and 1003.433,F.S.; conforming cross-
4718
references; amending s. 1003.63, F.S.; revising the type
4719
of assessment tests reported to the Governor and the
4720
Legislature relating to the deregulated public schools
4721
pilot program; amending s. 1004.85, F.S.; conforming
4722
cross-references; amending s. 1004.91, F.S.; expanding the
4723
list of students who are exempt from basic skill mastery
4724
for certificate career education programs; amending s.
4725
1004.99, F.S.; providing designations of Florida Ready to
4726
Work credentials; amending s. 1007.21, F.S., relating to
4727
postsecondary placement tests for high school students;
4728
authorizing the common placement test to be administered
4729
to high school students and not just second semester
4730
sophomores; amending s. 1007.235, F.S.; revising the
4731
components for the district interinstitutional
4732
articulation agreement to include secondary school and
4733
postsecondary institution responsibilities for calculation
4734
of grades; amending s. 1008.22, F.S.; revising provisions
4735
governing application of testing requirements for high
4736
school graduation; providing criteria concerning the
4737
testing and scores required for a continuously enrolled
4738
student to earn a standard high school diploma;
4739
authorizing the commissioner to administer comprehensive
4740
end-of-course assessments; providing requirements for
4741
comprehensive and end-of-course assessments; authorizing
4742
the commissioner to select a nationally developed
4743
comprehensive examination for use as an end-of-course
4744
assessment; revising the design of the testing program;
4745
authorizing the commissioner to collaborate with the
4746
American Diploma Project to develop end-of-course
4747
assessments; authorizing the commissioner to discontinue
4748
administration of an outdated assessment under certain
4749
conditions; requiring the commissioner to establish
4750
schedules for the administration of statewide assessments
4751
and the reporting of student test results; providing
4752
requirements for the testing and reporting schedules;
4753
requiring district school boards to prohibit public
4754
schools from suspending a program of curricula for the
4755
administration of practice tests; authorizing a district
4756
school board to permit a school to engage in certain test-
4757
preparation activities; revising the applicability of
4758
testing standards under certain conditions; revising the
4759
requirements contained in the annual report by the
4760
department to the Governor and the Legislature; amending
4761
s. 1008.30, F.S.; requiring the Department of Education to
4762
purchase or develop assessments to evaluate the college
4763
readiness of certain students before enrollment in a
4764
postsecondary institution; requiring a school district to
4765
provide certain students access to appropriate remediation
4766
courses; amending s. 1008.31, F.S.; declaring the
4767
legislative intent that the K-20 education system comply
4768
with the Individuals with Disabilities Education Act;
4769
amending s. 1008.34, F.S.; revising the exceptions for a
4770
school to receive a school grade; revising the student
4771
assessment data used in determining school grades;
4772
requiring a school district that fails to assign FCAT
4773
scores back to students' schools to forfeit school
4774
recognition funds for a specified time; requiring the
4775
collaboration between a home school and alternative school
4776
to be between the principals of each school in order to
4777
promote student success; providing for a revised high
4778
school grading system beginning with the 2009-2010 school
4779
year which includes the statewide standardized assessment,
4780
graduation rates, performance and participation in certain
4781
courses, postsecondary readiness as measured by certain
4782
examinations, and the change in these factors from year to
4783
year; specifying the data components to be used in
4784
determining the revised high school grading system;
4785
requiring that the criteria for school grades give added
4786
weight to the graduation rate of all eligible at-risk
4787
students; authorizing the state board to adopt rules;
4788
amending s. 1008.341, F.S.; revising provisions for a
4789
school improvement rating for an alternative school;
4790
authorizing the state board to adopt rules; amending s.
4791
1008.36, F.S.; revising provisions relating to the Florida
4792
School Recognition Program; amending s. 1012.34, F.S.;
4793
revising provisions relating to assessment procedures and
4794
criteria for instructional personnel and school
4795
administrators; authorizing a school district to determine
4796
that the performance of instructional personnel and school
4797
administrators is unsatisfactory based on student
4798
performance and certain approved criteria; amending s.
4799
1012.56, F.S.; requiring teacher certification exams to be
4800
aligned to revised curriculum standards; amending ss.
4801
1012.57 and 1012.586, F.S.; conforming cross-reference;
4802
amending s. 1012.71, F.S.; providing definitions; revising
4803
requirements for the use of program funds by classroom
4804
teachers; providing for the disbursement of funds to
4805
school districts; specifying the means for providing a
4806
classroom teacher with his or her proportionate share of
4807
program funds; providing that funds received are not
4808
subject to competitive bidding requirements or collective
4809
bargaining; requiring each classroom teacher to sign a
4810
statement acknowledging receipt of funds; providing
4811
requirements for accounting of expenditures and
4812
reimbursement of funds under certain conditions; amending
4813
s. 1013.12, F.S.; requiring that a school cafeteria post
4814
certain information concerning its sanitation certificate
4815
and inspection; creating s. 1002.375, F.S.; establishing a
4816
pilot project for awarding high school credit to students
4817
enrolled in industry certification programs; requiring the
4818
Commissioner of Education to establish criteria for
4819
program participation; requiring that a school district
4820
submit a letter of interest by a specified date in order
4821
to participate in the pilot project; requiring that the
4822
Commissioner of Education submit a report to the Governor
4823
and the Legislature; providing for specified courses to be
4824
included as alternative credit courses; exempting
4825
alternative credit courses from certain requirements;
4826
authorizing the Department of Education to approve certain
4827
courses for credit by examination; requiring the
4828
Department of Education to adopt passing minimum scores on
4829
approved assessments and maintain a course directory;
4830
requiring the State Board of Education to adopt rules;
4831
amending s. 1011.61, F.S., relating to definitions for the
4832
Florida Education Finance Program; providing for an
4833
alternate method of reporting full-time equivalent
4834
membership for credit earned in alternative high school
4835
credit courses for the pilot project created under s.
4836
1002.375, F.S.; amending s. 24.121, F.S., relating to
4837
public school funding; conforming cross-references;
4838
amending s. 112.3173, F.S.; specifying certain felony
4839
offenses against a minor as additional offenses that
4840
constitute a breach of the public trust; requiring a
4841
person committing such an offense to forfeit benefits
4842
under certain public retirement systems; amending s.
4843
121.091, F.S.; prohibiting the Division of Retirement from
4844
paying benefits to a member who commits certain felony
4845
offenses against a minor; conforming a cross-reference;
4846
creating ss. 794.09 and 800.05, F.S.; providing notice in
4847
the criminal statutes that certain retirement benefits are
4848
subject to forfeiture for committing certain felony
4849
offenses against a minor; amending s. 1001.10, F.S.;
4850
requiring the Department of Education to assist school
4851
districts, charter schools, the Florida School for the
4852
Deaf and the Blind, and private schools that accept school
4853
choice scholarship students in developing policies,
4854
procedures, and training related to employment practices
4855
and standards of ethical conduct; requiring the department
4856
to provide authorized staff with access to certain
4857
databases for employment history verification; amending s.
4858
1001.32, F.S., relating to school administration;
4859
conforming a cross-reference; amending s. 1001.42, F.S.;
4860
requiring each district school board to adopt standards of
4861
ethical conduct and provide training for instructional
4862
personnel and school administrators; prohibiting
4863
confidentiality agreements regarding terminated or
4864
dismissed instructional personnel and school
4865
administrators which have the effect of concealing certain
4866
misconduct; prohibiting a school district from providing
4867
employment references for specified personnel and
4868
administrators except under certain circumstances;
4869
requiring a person who committed certain crimes to be
4870
disqualified from employment in certain positions in a
4871
district school system under specified conditions;
4872
providing that a district school board official who
4873
knowingly signs and transmits a false or incorrect report,
4874
or fails to adopt certain policies, forfeits his or her
4875
salary for a specified period; amending s. 1001.452, F.S.,
4876
relating to district and school advisory councils;
4877
conforming cross-references; amending s. 1001.51, F.S.;
4878
providing that a district school superintendent forfeits
4879
his or her salary for a specified period following failure
4880
to investigate and report allegations of certain
4881
misconduct by specified personnel or administrators;
4882
amending ss. 1001.54 and 1002.32, F.S., relating to duties
4883
of principals and laboratory schools; conforming cross-
4884
references; amending s. 1002.33, F.S.; requiring a person
4885
who committed certain crimes to be disqualified from
4886
employment in certain positions in a charter school under
4887
specified conditions; requiring charter schools to adopt
4888
standards of ethical conduct and provide training for all
4889
instructional personnel and school administrators;
4890
prohibiting confidentiality agreements regarding
4891
terminated or dismissed instructional personnel and school
4892
administrators which have the effect of concealing certain
4893
misconduct; prohibiting a charter school from providing
4894
employment references for specified personnel and
4895
administrators except under certain circumstances;
4896
requiring a charter school to contact the previous
4897
employer, and verify the employment history against
4898
certain databases, of persons seeking employment in
4899
certain positions; requiring a charter school's sponsor to
4900
terminate the school's charter for failing to comply with
4901
these requirements; amending s. 1002.36, F.S.; requiring
4902
the Florida School for the Deaf and the Blind to meet
4903
certain requirements governing the screening of personnel;
4904
amending s. 1002.421, F.S.; requiring a person who
4905
committed certain crimes to be disqualified from
4906
employment in certain positions in a private school that
4907
accepts certain scholarship students under specified
4908
conditions; requiring certain private schools to adopt
4909
standards of ethical conduct and provide training for all
4910
instructional personnel and school administrations;
4911
prohibiting confidentiality agreements regarding
4912
terminated or dismissed instructional personnel or school
4913
administrators which have the effect of concealing certain
4914
misconduct; prohibiting a private school from providing
4915
employment references for specified personnel and
4916
administrators except under certain circumstances;
4917
requiring a private school to contact the previous
4918
employer, and verify the employment history against
4919
certain databases, of persons seeking employment in
4920
certain positions; requiring the Department of Education
4921
to suspend enrollment of new students and the payment of
4922
funds to a private school failing to comply with these
4923
requirements; amending ss. 1003.413, 1003.53, and 1004.92,
4924
F.S., relating to educational instruction and programs;
4925
conforming cross-references; amending s. 1006.061, F.S.;
4926
requiring district school boards, charter schools, and
4927
private schools that accept certain scholarship students
4928
to post policies for reporting child abuse and misconduct
4929
by specified personnel and administrators; requiring the
4930
principal of such schools to act as a liaison in suspected
4931
cases of child abuse; requiring the Department of
4932
Education to publish sample notices; amending ss. 1008.33,
4933
1008.345, 1010.215, and 1011.18, F.S., relating to
4934
accountability procedures; conforming cross-references;
4935
amending s. 1012.27, F.S.; requiring the district school
4936
superintendent to contact the previous employer, and
4937
verify the employment history against certain databases,
4938
of persons seeking employment in certain positions;
4939
creating s. 1012.315, F.S.; specifying offenses that
4940
disqualify instructional personnel and school
4941
administrations from employment in certain positions that
4942
require direct contact with students; amending s. 1012.32,
4943
F.S.; requiring specified personnel or administrators who
4944
committed certain crimes to be disqualified from
4945
employment in certain positions in a district school
4946
system or charter school under specified conditions;
4947
amending s. 1012.33, F.S.; providing that just cause for
4948
terminating instructional staff includes immorality or
4949
commission of certain crimes; amending s. 1012.34, F.S.,
4950
relating to assessment procedures; conforming a cross-
4951
reference; amending s. 1012.56, F.S., relating to
4952
certification requirements for educators; revising
4953
requirements for conducting state and national federal
4954
criminal records checks of persons seeking certification;
4955
requiring a person who committed certain crimes to be
4956
ineligible for certification under specified conditions;
4957
providing for the Department of Education to maintain
4958
educator records in an electronic database; amending s.
4959
1012.79, F.S.; providing for additional members to be
4960
appointed to the Education Practices Commission; revising
4961
the composition of panels appointed to review complaints
4962
against teachers and administrators; amending s. 1012.795,
4963
F.S.; providing for the suspension of the educator
4964
certificate of a person who knowingly fails to report
4965
child abuse or misconduct by specified personnel or
4966
administrators; clarifying authority of the commission to
4967
discipline educators who commit certain crimes; amending
4968
s. 1012.796, F.S.; requiring the Department of Education
4969
to investigate each complaint involving misconduct by
4970
certificated personnel; clarifying what constitutes a
4971
legally sufficient complaint; providing requirements for
4972
school board policies and procedures relating to standards
4973
of ethical conduct; providing that the district school
4974
superintendent is accountable for training of
4975
instructional personnel and school administrators on the
4976
standards, policies, and procedures; requiring employers
4977
of certificated personnel to report misconduct by such
4978
personnel to the Department of Education; requiring that
4979
instructional personnel or school administrators be
4980
immediately suspended and reassigned under certain
4981
circumstances; amending ss. 1012.98 and 1013.03, F.S.,
4982
relating to the School Community Professional Development
4983
Act and functions of the Department of Education and Board
4984
of Governors; conforming cross-references; providing an
4985
appropriation and authorizing additional positions;
4986
encouraging school districts to enter into partnerships
4987
with local businesses for certain purposes; authorizing
4988
the Palm Beach County school district to recognize its
4989
business partners by displaying such business partners'
4990
names on school district property in unincorporated areas
4991
if displayed in a manner consistent with certain
4992
standards; providing an effective date.
4/30/2008 8:03:00 PM 4-09285-08seg1
CODING: Words stricken are deletions; words underlined are additions.