Amendment
Bill No. CS/HB 7045

Amendment No. 425711

CHAMBER ACTION
Senate		House
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1	Representatives Traviesa, Kelly, Kriseman, Flores, Legg,
2	McBurney, Nelson, Sachs, and Pickens offered the following:
3
4	Amendment to Senate Amendment (325318) (with title
5	amendment)
6	Remove lines 7-4574 and insert:
7	Section 1.  This act may be cited as the "Freedom for
8	Innovative Ideas in Education Act."
9	Section 2.  Section 39.0016, Florida Statutes, is amended
10	to read:
11	39.0016  Education of abused, neglected, and abandoned
12	children; agency agreements; children having or suspected of
13	having a disability.--
14	(1)  DEFINITIONS.--As used in this section, the term:
15	(a)  "Children known to the department" means children who
16	are found to be dependent or children in shelter care.
17	(b)  "Department" means the Department of Children and
18	Family Services or a community-based care lead agency acting on
19	behalf of the Department of Children and Family Services, as
20	appropriate.
21	(c)  "Surrogate parent" means an individual appointed to
22	act in the place of a parent in educational decisionmaking and
23	in safeguarding a child's rights under the Individuals with
24	Disabilities Education Act, this section, and s. 1003.572.
25	(2)  AGENCY AGREEMENTS.--
26	(a)(3)  The department shall enter into an agreement with
27	the Department of Education regarding the education and related
28	care of children known to the department. Such agreement shall
29	be designed to provide educational access to children known to
30	the department for the purpose of facilitating the delivery of
31	services or programs to children known to the department. The
32	agreement shall avoid duplication of services or programs and
33	shall provide for combining resources to maximize the
34	availability or delivery of services or programs.
35	(b)(4)  The department shall enter into agreements with
36	district school boards or other local educational entities
37	regarding education and related services for children known to
38	the department who are of school age and children known to the
39	department who are younger than school age but who would
40	otherwise qualify for services from the district school board.
41	Such agreements shall include, but are not limited to:
42	1.(a)  A requirement that the department shall:
43	a.1.  Enroll children known to the department in school.
44	The agreement shall provide for continuing the enrollment of a
45	child known to the department at the same school, if possible,
46	with the goal of avoiding disruption of education.
47	b.2.  Notify the school and school district in which a
48	child known to the department is enrolled of the name and phone
49	number of the child known to the department caregiver and
50	caseworker for child safety purposes.
51	c.3.  Establish a protocol for the department to share
52	information about a child known to the department with the
53	school district, consistent with the Family Educational Rights
54	and Privacy Act, since the sharing of information will assist
55	each agency in obtaining education and related services for the
56	benefit of the child.
57	d.4.  Notify the school district of the department's case
58	planning for a child known to the department, both at the time
59	of plan development and plan review. Within the plan development
60	or review process, the school district may provide information
61	regarding the child known to the department if the school
62	district deems it desirable and appropriate.
63	2.(b)  A requirement that the district school board shall:
64	a.1.  Provide the department with a general listing of the
65	services and information available from the district school
66	board, including, but not limited to, the current Sunshine State
67	Standards, the Surrogate Parent Training Manual, and other
68	resources accessible through the Department of Education or
69	local school districts to facilitate educational access for a
70	child known to the department.
71	b.2.  Identify all educational and other services provided
72	by the school and school district which the school district
73	believes are reasonably necessary to meet the educational needs
74	of a child known to the department.
75	c.3.  Determine whether transportation is available for a
76	child known to the department when such transportation will
77	avoid a change in school assignment due to a change in
78	residential placement. Recognizing that continued enrollment in
79	the same school throughout the time the child known to the
80	department is in out-of-home care is preferable unless
81	enrollment in the same school would be unsafe or otherwise
82	impractical, the department, the district school board, and the
83	Department of Education shall assess the availability of
84	federal, charitable, or grant funding for such transportation.
85	d.4.  Provide individualized student intervention or an
86	individual educational plan when a determination has been made
87	through legally appropriate criteria that intervention services
88	are required. The intervention or individual educational plan
89	must include strategies to enable the child known to the
90	department to maximize the attainment of educational goals.
91	3.(c)  A requirement that the department and the district
92	school board shall cooperate in accessing the services and
93	supports needed for a child known to the department who has or
94	is suspected of having a disability to receive an appropriate
95	education consistent with the Individuals with Disabilities
96	Education Act and state implementing laws, rules, and
97	assurances. Coordination of services for a child known to the
98	department who has or is suspected of having a disability may
99	include:
100	a.1.  Referral for screening.
101	b.2.  Sharing of evaluations between the school district
102	and the department where appropriate.
103	c.3.  Provision of education and related services
104	appropriate for the needs and abilities of the child known to
105	the department.
106	d.4.  Coordination of services and plans between the school
107	and the residential setting to avoid duplication or conflicting
108	service plans.
109	e.5.  Appointment of a surrogate parent, consistent with
110	the Individuals with Disabilities Education Act and pursuant to
111	subsection (3) and s. 1003.572, for educational purposes for a
112	child known to the department who qualifies as soon as the child
113	is determined to be dependent and without a parent to act for
114	the child. The surrogate parent shall be appointed by the school
115	district without regard to where the child known to the
116	department is placed so that one surrogate parent can follow the
117	education of the child known to the department during his or her
118	entire time in state custody.
119	f.6.  For each child known to the department 14 years of
120	age and older, transition planning by the department and all
121	providers, including the department's independent living program
122	staff, to meet the requirements of the local school district for
123	educational purposes.
124	(c)(2)  The provisions of this subsection section establish
125	standards goals and not rights. This subsection section does not
126	require the delivery of any particular service or level of
127	service in excess of existing appropriations. A person may not
128	maintain a cause of action against the state or any of its
129	subdivisions, agencies, contractors, subcontractors, or agents
130	based upon this subsection section becoming law or failure by
131	the Legislature to provide adequate funding for the achievement
132	of these standards goals. This subsection section does not
133	require the expenditure of funds to meet the standards goals
134	established in this subsection section except funds specifically
135	appropriated for such purpose.
136	(3)  CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.--
137	(a)1.  The Legislature finds that disability is a natural
138	part of the human experience and in no way diminishes the right
139	of individuals to participate in or contribute to society.
140	Improving educational results for children with disabilities is
141	an essential element of our public policy of ensuring equality
142	of opportunity, full participation, independent living, and
143	economic self-sufficiency for individuals with disabilities.
144	2.  The Legislature also finds that research and experience
145	have shown that the education of children with disabilities can
146	be made more effective by:
147	a.  Having high expectations for these children and
148	ensuring their access to the general education curriculum in the
149	regular classroom, to the maximum extent possible.
150	b.  Providing appropriate special education and related
151	services, and aids and supports in the regular classroom, to
152	these children, whenever appropriate.
153	c.  Having a trained, interested, and consistent
154	educational decisionmaker for the child when the parent is
155	legally unavailable or when the foster parent is unwilling or
156	not trained in the exceptional student education process.
157	3.  It is, therefore, the intent of the Legislature that
158	all children with disabilities known to the department,
159	consistent with the Individuals with Disabilities Education Act
160	and s. 1003.572, have available to them a free, appropriate
161	public education that emphasizes special education and related
162	services designed to meet their unique needs and prepare them
163	for further education, employment, and independent living and
164	that the rights of children with disabilities are protected.
165	(b)1.  Each district school board must appoint a surrogate
166	parent under s. 1003.572 for a child known to the department who
167	has or is suspected of having a disability, as defined in s.
168	1003.01(3), when:
169	a.  After reasonable efforts, no parent can be located; or
170	b.  A court of competent jurisdiction over a child under
171	this chapter has determined that no person has the authority,
172	willingness, or ability to serve as the educational
173	decisionmaker for the child.
174	2.  The district school board must appoint a surrogate
175	parent within 30 days after notice that the child meets the
176	criteria in this paragraph.
177	3.  A surrogate parent must be appointed by the district
178	school board without regard to where the child is placed so that
179	one surrogate parent can follow the education of the child
180	during his or her entire time in state custody.
181	4.  For a child known to the department, the responsibility
182	to appoint a surrogate parent resides with both the district
183	school board and the court with jurisdiction over the child;
184	however, the court may defer to the district school board's
185	appointment of a surrogate parent under s. 1003.572 if such
186	appointment is made prior to the court's appointment of a
187	surrogate parent. At any time that the court determines that it
188	is in the best interests of a child to remove a surrogate
189	parent, the court may appoint a new surrogate parent for
190	educational decisionmaking purposes for that child.
191	(4)(5)  TRAINING.--The department shall incorporate an
192	education component into all training programs of the department
193	regarding children known to the department. Such training shall
194	be coordinated with the Department of Education and the local
195	school districts. The department shall offer opportunities for
196	education personnel to participate in such training. Such
197	coordination shall include, but not be limited to, notice of
198	training sessions, opportunities to purchase training materials,
199	proposals to avoid duplication of services by offering joint
200	training, and incorporation of materials available from the
201	Department of Education and local school districts into the
202	department training when appropriate. The department training
203	components shall include:
204	(a)  Training for surrogate parents to include how an
205	ability to learn of a child known to the department is affected
206	by abuse, abandonment, neglect, and removal from the home.
207	(b)  Training for parents in cases in which reunification
208	is the goal, or for preadoptive parents when adoption is the
209	goal, so that such parents learn how to access the services the
210	child known to the department needs and the importance of their
211	involvement in the education of the child known to the
212	department.
213	(c)  Training for caseworkers and foster parents to include
214	information on the right of the child known to the department to
215	an education, the role of an education in the development and
216	adjustment of a child known to the department, the proper ways
217	to access education and related services for the child known to
218	the department, and the importance and strategies for parental
219	involvement in education for the success of the child known to
220	the department.
221	(d)  Training of caseworkers regarding the services and
222	information available through the Department of Education and
223	local school districts, including, but not limited to, the
224	current Sunshine State Standards, the Surrogate Parent Training
225	Manual, and other resources accessible through the Department of
226	Education or local school districts to facilitate educational
227	access for a child known to the department.
228	Section 3.  Paragraph (p) of subsection (2) of section
229	39.202, Florida Statutes, is amended to read:
230	39.202  Confidentiality of reports and records in cases of
231	child abuse or neglect.--
232	(2)  Except as provided in subsection (4), access to such
233	records, excluding the name of the reporter which shall be
234	released only as provided in subsection (5), shall be granted
235	only to the following persons, officials, and agencies:
236	(p)  An employee of the local school district who is
237	designated as a liaison between the school district and the
238	department pursuant to an interagency agreement required under
239	s. 39.0016 and the principal of a public school, private school,
240	or charter school where the child is a student. Information
241	contained in the records which the liaison or the principal
242	determines are necessary for a school employee to effectively
243	provide a student with educational services may be released to
244	that employee.
245	Section 4.  Subsections (11) of section 39.402, Florida
246	Statutes, is amended to read:
247	39.402  Placement in a shelter.--
248	(11)(a)  If a child is placed in a shelter pursuant to a
249	court order following a shelter hearing, the court shall require
250	in the shelter hearing order that the parents of the child, or
251	the guardian of the child's estate, if possessed of assets which
252	under law may be disbursed for the care, support, and
253	maintenance of the child, to pay, to the department or
254	institution having custody of the child, fees as established by
255	the department. When the order affects the guardianship estate,
256	a certified copy of the order shall be delivered to the judge
257	having jurisdiction of the guardianship estate. The shelter
258	order shall also require the parents to provide to the
259	department and any other state agency or party designated by the
260	court, within 28 days after entry of the shelter order, the
261	financial information necessary to accurately calculate child
262	support pursuant to s. 61.30.
263	(b)  The court shall request that the parents consent to
264	provide access to the child's medical records and provide
265	information to the court, the department or its contract
266	agencies, and any guardian ad litem or attorney for the child.
267	If a parent is unavailable or unable to consent or withholds
268	consent and the court determines access to the records and
269	information is necessary to provide services to the child, the
270	court shall issue an order granting access. The parent or legal
271	guardian shall provide all known medical information to the
272	department.
273	(c)  The court shall request that the parents consent to
274	provide access to the child's educational records and provide
275	information to the court, the department or its contract
276	agencies, and any guardian ad litem or attorney for the child.
277	If a parent is unavailable or unable to consent or withholds
278	consent and the court determines access to the records and
279	information is necessary to provide services to the child, the
280	court shall issue an order granting access. The court may
281	appoint a surrogate parent under s. 1003.572 or may refer the
282	child to the district school board for appointment of a
283	surrogate parent.
284	Section 5.  Subsection (8) of section 39.701, Florida
285	Statutes, is amended to read:
286	39.701  Judicial review.--
287	(8)  The court and any citizen review panel shall take into
288	consideration the information contained in the social services
289	study and investigation and all medical, psychological, and
290	educational records that support the terms of the case plan;
291	testimony by the social services agency, the parent, the foster
292	parent or legal custodian, the guardian ad litem or surrogate
293	parent for educational decisionmaking if one has been appointed
294	for the child, and any other person deemed appropriate; and any
295	relevant and material evidence submitted to the court, including
296	written and oral reports to the extent of their probative value.
297	These reports and evidence may be received by the court in its
298	effort to determine the action to be taken with regard to the
299	child and may be relied upon to the extent of their probative
300	value, even though not competent in an adjudicatory hearing. In
301	its deliberations, the court and any citizen review panel shall
302	seek to determine:
303	(a)  If the parent was advised of the right to receive
304	assistance from any person or social service agency in the
305	preparation of the case plan.
306	(b)  If the parent has been advised of the right to have
307	counsel present at the judicial review or citizen review
308	hearings. If not so advised, the court or citizen review panel
309	shall advise the parent of such right.
310	(c)  If a guardian ad litem needs to be appointed for the
311	child in a case in which a guardian ad litem has not previously
312	been appointed or if there is a need to continue a guardian ad
313	litem in a case in which a guardian ad litem has been appointed.
314	(d)  If a surrogate parent has been appointed for a child
315	who qualifies under s. 1003.572.
316	(e)(d)  The compliance or lack of compliance of all parties
317	with applicable items of the case plan, including the parents'
318	compliance with child support orders.
319	(f)(e)  The compliance or lack of compliance with a
320	visitation contract between the parent and the social service
321	agency for contact with the child, including the frequency,
322	duration, and results of the parent-child visitation and the
323	reason for any noncompliance.
324	(g)(f)  The compliance or lack of compliance of the parent
325	in meeting specified financial obligations pertaining to the
326	care of the child, including the reason for failure to comply if
327	such is the case.
328	(h)(g)  Whether the child is receiving safe and proper care
329	according to s. 39.6012, including, but not limited to, the
330	appropriateness of the child's current placement, including
331	whether the child is in a setting that is as family-like and as
332	close to the parent's home as possible, consistent with the
333	child's best interests and special needs, and including
334	maintaining stability in the child's educational placement.
335	(i)(h)  A projected date likely for the child's return home
336	or other permanent placement.
337	(j)(i)  When appropriate, the basis for the unwillingness
338	or inability of the parent to become a party to a case plan. The
339	court and the citizen review panel shall determine if the
340	efforts of the social service agency to secure party
341	participation in a case plan were sufficient.
342	(k)(j)  For a child who has reached 13 years of age but is
343	not yet 18 years of age, the adequacy of the child's preparation
344	for adulthood and independent living.
345	(l)(k)  If amendments to the case plan are required.
346	Amendments to the case plan must be made under s. 39.6013.
347	Section 6.  Paragraph (j) is added to subsection (5) of
348	section 445.004, Florida Statutes, to read:
349	445.004  Workforce Florida, Inc.; creation; purpose;
350	membership; duties and powers.--
351	(5)  Workforce Florida, Inc., shall have all the powers and
352	authority, not explicitly prohibited by statute, necessary or
353	convenient to carry out and effectuate the purposes as
354	determined by statute, Pub. L. No. 105-220, and the Governor, as
355	well as its functions, duties, and responsibilities, including,
356	but not limited to, the following:
357	(j)  In partnership with the Department of Education,
358	ensuring consistent use of the Florida Ready to Work Credential
359	as created under s. 1004.99.
360	Section 7.  Subsection (8) of section 1000.21, Florida
361	Statutes, is renumbered as subsection (9), and a new subsection
362	(8) is added to that section to read:
363	1000.21  Systemwide definitions.--As used in the Florida K-
364	20 Education Code:
365	(8)  "Surrogate parent" means an individual appointed to
366	act in the place of a parent in educational decisionmaking and
367	in safeguarding a child's rights under the Individuals with
368	Disabilities Education Act and ss. 39.0016 and 1003.572.
369	Section 8.  Subsections (8) and (13) of section 1003.01,
370	Florida Statutes, are amended to read:
371	1003.01  Definitions.--As used in this chapter, the term:
372	(8)  "Habitual truant" means a student who: has 15
373	unexcused absences within 90 calendar days with or without the
374	knowledge or consent of the student's parent;, is subject to
375	compulsory school attendance under s. 1003.21(1) and (2)(a) or
376	is subject to the Student Preparedness Pilot Program under s.
377	1003.215;, and is not exempt under s. 1003.21(3), or s. 1003.24,
378	or by meeting the criteria for any other exemption specified by
379	law or rules of the State Board of Education. Such a student
380	must have been the subject of the activities specified in ss.
381	1003.26 and 1003.27(3), without resultant successful remediation
382	of the truancy problem before being dealt with as a child in
383	need of services according to the provisions of chapter 984.
384	(13)(a)  "Regular school attendance" means the actual
385	attendance of a student during the school day as defined by law
386	and rules of the State Board of Education. Regular attendance
387	within the intent of s. 1003.21 may be achieved by attendance
388	in:
389	1.(a)  A public school supported by public funds;
390	2.(b)  A parochial, religious, or denominational school;
391	3.(c)  A private school supported in whole or in part by
392	tuition charges or by endowments or gifts;
393	4.(d)  A home education program that meets the requirements
394	of chapter 1002; or
395	5.(e)  A private tutoring program that meets the
396	requirements of chapter 1002.
397	(b)  "Regular program attendance" for a student in the
398	Student Preparedness Pilot Program under s. 1003.215 means
399	actual attendance by the student in traditional or
400	nontraditional academic options as defined by law and rules of
401	the State Board of Education. The district school superintendent
402	shall be responsible for enforcing such attendance.
403	Section 9.  Paragraphs (c) and (f) of subsection (1) and
404	paragraph (g) of subsection (4) of section 1003.21, Florida
405	Statutes, are amended to read:
406	1003.21  School attendance.--
407	(1)
408	(c)  A student who attains the age of 16 years during the
409	school year is not subject to compulsory school attendance
410	beyond the date upon which he or she attains that age if the
411	student files a formal declaration of intent to terminate school
412	enrollment with the district school board. Public school
413	students who have attained the age of 16 years and who have not
414	graduated are subject to compulsory school attendance until the
415	formal declaration of intent is filed with the district school
416	board. The declaration must acknowledge that terminating school
417	enrollment is likely to reduce the student's earning potential
418	and must be signed by the student and the student's parent. The
419	school district must notify the student's parent of receipt of
420	the student's declaration of intent to terminate school
421	enrollment. The student's guidance counselor or other school
422	personnel must conduct an exit interview with the student to
423	determine the reasons for the student's decision to terminate
424	school enrollment and actions that could be taken to keep the
425	student in school. The student must be informed of opportunities
426	to continue his or her education in a different environment,
427	including, but not limited to, adult education and GED test
428	preparation. Additionally, the student must complete a survey in
429	a format prescribed by the Department of Education to provide
430	data on student reasons for terminating enrollment and actions
431	taken by schools to keep students enrolled. A student enrolled
432	in a Student Preparedness Pilot Program school district must
433	receive information regarding the program's attendance and
434	completion requirements under s. 1003.215.
435	(f)  Homeless children, as defined in s. 1003.01, and
436	children who are known to the department, as defined in s.
437	39.0016, must have access to a free public education and must be
438	admitted to school in the school district in which they or their
439	families live. School districts shall assist homeless children
440	and children who are known to the department to meet the
441	requirements of subsection (4) and s. 1003.22, as well as local
442	requirements for documentation.
443	(4)  Before admitting a child to kindergarten, the
444	principal shall require evidence that the child has attained the
445	age at which he or she should be admitted in accordance with the
446	provisions of subparagraph (1)(a)2. The district school
447	superintendent may require evidence of the age of any child whom
448	he or she believes to be within the limits of compulsory
449	attendance as provided for by law. If the first prescribed
450	evidence is not available, the next evidence obtainable in the
451	order set forth below shall be accepted:
452	(g)  If none of these evidences can be produced, an
453	affidavit of age sworn to by the parent, accompanied by a
454	certificate of age signed by a public health officer or by a
455	public school physician, or, if neither of these is available in
456	the county, by a licensed practicing physician designated by the
457	district school board, which certificate states that the health
458	officer or physician has examined the child and believes that
459	the age as stated in the affidavit is substantially correct. A
460	homeless child, as defined in s. 1003.01, and a child who is
461	known to the department, as defined in s. 39.0016, shall be
462	given temporary exemption from this section for 30 school days.
463	Section 10.  Section 1003.215, Florida Statutes, is created
464	to read:
465	1003.215  Student Preparedness Pilot Program.--
466	(1)  The Legislature finds it to be in the public interest
467	that all students exit from the public schools with academic
468	skills that provide the students with the opportunity to pursue
469	postsecondary education or with skills that lead to ready to
470	work certification, industry certification, or skill licensure.
471	(2)(a)  Beginning with the 2008-2009 school year, and
472	continuing through the 2014-2015 school year, there is created
473	the Student Preparedness Pilot Program to be piloted by school
474	districts. Students in a school district selected to implement
475	the pilot program pursuant to subsection (3) who attain the age
476	of 16 years but have not reached the age of 18 years and who
477	choose to exercise their option not to regularly attend school
478	pursuant to s. 1003.21(1)(c) shall be subject to the attendance
479	and completion requirements of this section.
480	(b)  In the 2008-2009 school year, each school district
481	selected pursuant to subsection (3) shall use its current level
482	of funding to review, identify, and develop curricula options
483	for the implementation of the pilot program requirements
484	pursuant to paragraph (5)(a) for students who attain the age of
485	16 years but have not reached the age of 18 years whose academic
486	goals may not include a traditional high school diploma. These
487	options shall include, but are not limited to, nontraditional
488	academic options and flexible attendance options and may include
489	a phase-in of students by age or grade. Each selected school
490	district must develop a plan to meet the student's needs and the
491	attendance and completion requirements of this section prior to
492	implementation of the pilot program in the 2009-2010 school
493	year.
494	(3)  The Department of Education shall develop an
495	application process for all school districts to apply to
496	participate in the pilot program. The State Board of Education
497	shall select the pilot program districts, one of which shall be
498	the Duval County School District.
499	(4)  Parents of public school students enrolled in a
500	participating pilot program district must receive accurate and
501	timely information regarding their child's academic progress and
502	must be informed of ways they can help their child to succeed in
503	school.
504	(5)(a)  A student in a participating pilot program district
505	who attains the age of 16 years but has not reached the age of
506	18 years has the right to file a formal declaration of intent to
507	terminate school enrollment if the declaration is signed by the
508	parent. The parent has the right to be notified by the school
509	district of the district's receipt of the student's declaration
510	of intent to terminate school enrollment. The student's guidance
511	counselor or other school personnel must conduct an exit
512	interview pursuant to s. 1003.21(1)(c). Any student in a
513	participating pilot program district who files a declaration
514	seeking to terminate school enrollment but has not reached the
515	age of 18 years shall be required, until completion or
516	attainment of the age of 18 years, to continue pursuing credits
517	toward a high school diploma, pursue a high school equivalency
518	diploma with participation in the Florida Ready to Work
519	Certification Program under s. 1004.99, participate in a career
520	or job training program leading to industry certification or
521	skill licensure that is developed by or in cooperation with the
522	district school board, or participate in the Florida Ready to
523	Work Certification Program under s. 1004.99.
524	(b)  A Student Preparedness Pilot Program student subject
525	to the attendance and completion requirements of this section is
526	not an "eligible student" for purposes of school grading under
527	s. 1008.34(3)(b) if the student has selected a nontraditional
528	academic option of the pilot program.
529	(6)  Students who become or have become married or who are
530	pregnant and parenting have the right to attend school and
531	receive the same or equivalent educational instruction as other
532	students.
533	(7)  The Office of Program Policy Analysis and Government
534	Accountability (OPPAGA), in cooperation with the participating
535	pilot program districts, the applicable state attorneys' offices
536	and regional workforce boards, the Agency for Workforce
537	Innovation, the Department of Education, and the Department of
538	Juvenile Justice, shall conduct a study annually of the impact
539	of the pilot program on dropout and graduation rates, on the
540	employability of students, and on juvenile crime, using 2007-
541	2008 data as the baseline for the research. OPPAGA shall develop
542	criteria for collection and reporting of data with input from
543	the cooperating entities. The results of each annual report
544	shall be made available to participating pilot program
545	districts, the applicable state attorneys' offices and regional
546	workforce boards, the Agency for Workforce Education, the
547	Department of Education, the Department of Juvenile Justice, the
548	Governor, the President of the Senate, and the Speaker of the
549	House of Representatives by January 1 following each school
550	year, beginning January 1, 2012.
551	Section 11.  Subsection (1) and paragraph (e) of subsection
552	(5) of section 1003.22, Florida Statutes, are amended to read:
553	1003.22  School-entry health examinations; immunization
554	against communicable diseases; exemptions; duties of Department
555	of Health.--
556	(1)  Each district school board and the governing authority
557	of each private school shall require that each child who is
558	entitled to admittance to kindergarten, or is entitled to any
559	other initial entrance into a public or private school in this
560	state, present a certification of a school-entry health
561	examination performed within 1 year prior to enrollment in
562	school. Each district school board, and the governing authority
563	of each private school, may establish a policy that permits a
564	student up to 30 school days to present a certification of a
565	school-entry health examination. A homeless child, as defined in
566	s. 1003.01, and a child who is known to the department, as
567	defined in s. 39.0016, shall be given a temporary exemption for
568	30 school days. Any district school board that establishes such
569	a policy shall include provisions in its local school health
570	services plan to assist students in obtaining the health
571	examinations. However, any child shall be exempt from the
572	requirement of a health examination upon written request of the
573	parent of the child stating objections to the examination on
574	religious grounds.
575	(5)  The provisions of this section shall not apply if:
576	(e)  An authorized school official issues a temporary
577	exemption, for a period not to exceed 30 school days, to permit
578	a student who transfers into a new county to attend class until
579	his or her records can be obtained. A homeless child, as defined
580	in s. 1003.01, and a child who is known to the department, as
581	defined in s. 39.0016, shall be given a temporary exemption for
582	30 school days. The public school health nurse or authorized
583	private school official is responsible for followup of each such
584	student until proper documentation or immunizations are
585	obtained. An exemption for 30 days may be issued for a student
586	who enters a juvenile justice program to permit the student to
587	attend class until his or her records can be obtained or until
588	the immunizations can be obtained. An authorized juvenile
589	justice official is responsible for followup of each student who
590	enters a juvenile justice program until proper documentation or
591	immunizations are obtained.
592	Section 12.  Paragraph (f) of subsection (1) of section
593	1003.26, Florida Statutes, is amended to read:
594	1003.26  Enforcement of school attendance.--The Legislature
595	finds that poor academic performance is associated with
596	nonattendance and that school districts must take an active role
597	in promoting and enforcing attendance as a means of improving
598	student performance. It is the policy of the state that each
599	district school superintendent be responsible for enforcing
600	school attendance of all students subject to the compulsory
601	school age in the school district and supporting enforcement of
602	school attendance by local law enforcement agencies. The
603	responsibility includes recommending policies and procedures to
604	the district school board that require public schools to respond
605	in a timely manner to every unexcused absence, and every absence
606	for which the reason is unknown, of students enrolled in the
607	schools. District school board policies shall require the parent
608	of a student to justify each absence of the student, and that
609	justification will be evaluated based on adopted district school
610	board policies that define excused and unexcused absences. The
611	policies must provide that public schools track excused and
612	unexcused absences and contact the home in the case of an
613	unexcused absence from school, or an absence from school for
614	which the reason is unknown, to prevent the development of
615	patterns of nonattendance. The Legislature finds that early
616	intervention in school attendance is the most effective way of
617	producing good attendance habits that will lead to improved
618	student learning and achievement. Each public school shall
619	implement the following steps to promote and enforce regular
620	school attendance:
621	(1)  CONTACT, REFER, AND ENFORCE.--
622	(f)1.  If the parent of a child who has been identified as
623	exhibiting a pattern of nonattendance enrolls the child in a
624	home education program pursuant to chapter 1002, the district
625	school superintendent shall provide the parent a copy of s.
626	1002.41 and the accountability requirements of this paragraph.
627	The district school superintendent shall also refer the parent
628	to a home education review committee composed of the district
629	contact for home education programs and at least two home
630	educators selected by the parent from a district list of all
631	home educators who have conducted a home education program for
632	at least 3 years and who have indicated a willingness to serve
633	on the committee. The home education review committee shall
634	review the portfolio of the student, as defined by s. 1002.41,
635	every 30 days during the district's regular school terms until
636	the committee is satisfied that the home education program is in
637	compliance with s. 1002.41(1)(b). The first portfolio review
638	must occur within the first 30 calendar days of the
639	establishment of the program. The provisions of subparagraph 2.
640	do not apply once the committee determines the home education
641	program is in compliance with s. 1002.41(1)(b).
642	2.  If the parent fails to provide a portfolio to the
643	committee, the committee shall notify the district school
644	superintendent. The district school superintendent shall then
645	terminate the home education program and require the parent to
646	enroll the child in an attendance option that meets the
647	definition of "regular school attendance" under s.
648	1003.01(13)(a)1., 2., 3., or 5., (b), (c), or (e), within 3
649	days. Upon termination of a home education program pursuant to
650	this subparagraph, the parent shall not be eligible to reenroll
651	the child in a home education program for 180 calendar days.
652	Failure of a parent to enroll the child in an attendance option
653	as required by this subparagraph after termination of the home
654	education program pursuant to this subparagraph shall constitute
655	noncompliance with the compulsory attendance requirements of s.
656	1003.21 and may result in criminal prosecution under s.
657	1003.27(2). Nothing contained herein shall restrict the ability
658	of the district school superintendent, or the ability of his or
659	her designee, to review the portfolio pursuant to s.
660	1002.41(1)(b).
661	Section 13.  Paragraph (b) of subsection (2) of section
662	1003.428, Florida Statutes, is amended to read:
663	1003.428  General requirements for high school graduation;
664	revised.--
665	(2)  The 24 credits may be earned through applied,
666	integrated, and combined courses approved by the Department of
667	Education and shall be distributed as follows:
668	(b)  Eight credits in majors, minors, or electives:
669	1.  Four credits in a major area of interest, such as
670	sequential courses in a career and technical program, fine and
671	performing arts, or academic content area, selected by the
672	student as part of the education plan required by s. 1003.4156.
673	Students may revise major areas of interest each year as part of
674	annual course registration processes and should update their
675	education plan to reflect such revisions. Annually by October 1,
676	the district school board shall approve major areas of interest
677	and submit the list of majors to the Commissioner of Education
678	for approval. Each major area of interest shall be deemed
679	approved unless specifically rejected by the commissioner within
680	60 days. Upon approval, each district's major areas of interest
681	shall be available for use by all school districts and shall be
682	posted on the department's website. Beginning with students
683	entering grade 9 in the 2008-2009 school year, a student must
684	earn a Florida Ready to Work Credential as created under s.
685	1004.99 in order to graduate with a career or technical major
686	area of interest.
687	2.  Four credits in elective courses selected by the
688	student as part of the education plan required by s. 1003.4156.
689	These credits may be combined to allow for a second major area
690	of interest pursuant to subparagraph 1., a minor area of
691	interest, elective courses, or intensive reading or mathematics
692	intervention courses as described in this subparagraph.
693	a.  Minor areas of interest are composed of three credits
694	selected by the student as part of the education plan required
695	by s. 1003.4156 and approved by the district school board.
696	b.  Elective courses are selected by the student in order
697	to pursue a complete education program as described in s.
698	1001.41(3) and to meet eligibility requirements for
699	scholarships.
700	c.  For each year in which a student scores at Level l on
701	FCAT Reading, the student must be enrolled in and complete an
702	intensive reading course the following year. Placement of Level
703	2 readers in either an intensive reading course or a content
704	area course in which reading strategies are delivered shall be
705	determined by diagnosis of reading needs. The department shall
706	provide guidance on appropriate strategies for diagnosing and
707	meeting the varying instructional needs of students reading
708	below grade level. Reading courses shall be designed and offered
709	pursuant to the comprehensive reading plan required by s.
710	1011.62(8).
711	d.  For each year in which a student scores at Level 1 or
712	Level 2 on FCAT Mathematics, the student must receive
713	remediation the following year. These courses may be taught
714	through applied, integrated, or combined courses and are subject
715	to approval by the department for inclusion in the Course Code
716	Directory.
717	Section 14.  Section 1003.497, Florida Statutes, is created
718	to read:
719	1003.497  Service learning.--
720	(1)  The Department of Education shall encourage school
721	districts to initiate, adopt, expand, and institutionalize
722	service-learning programs, activities, and policies in
723	kindergarten through grade 12. Service learning refers to a
724	student-centered, research-based teaching and learning strategy
725	that engages students in meaningful service activities in their
726	schools or communities. Service-learning activities are directly
727	tied to academic curricula, standards, and course, district, or
728	state assessments. Service-learning activities foster academic
729	achievement, character development, civic engagement, and career
730	exploration and enable students to apply curriculum content,
731	skills, and behaviors taught in the classroom.
732	(2)  Upon request of any school district that elects to
733	implement service-learning programs, activities, or policies,
734	the department shall provide assistance in locating, leveraging,
735	and utilizing available or alternative financial resources that
736	will assist school districts or teachers desiring to receive
737	training and other resources to develop and administer service-
738	learning programs or activities. School districts are encouraged
739	to include kindergarten through grade 12 service-learning
740	programs and activities in proposals they submit to the
741	department under federal entitlement grants and competitive
742	state and federal grants administered through the department.
743	(3)(a)  The department shall develop and adopt elective
744	service-learning courses for inclusion in middle and high school
745	course code directories, which will allow additional
746	opportunities for students to engage in service learning. School
747	districts are encouraged to provide support for the use of
748	service learning at any grade level as an instructional strategy
749	to address appropriate areas of state education standards for
750	student knowledge and performance.
751	(b)  The hours that high school students devote to course-
752	based service-learning activities may be counted toward meeting
753	community service requirements for high school graduation and
754	community service requirements for participation in the Florida
755	Bright Futures Scholarship Program. School districts are
756	encouraged to include service learning as part of any course or
757	activity required for high school graduation and to include and
758	accept service-learning activities and hours in requirements for
759	academic awards, especially those awards that currently include
760	community service as a criterion or selection factor.
761	Section 15.  Section 1003.572, Florida Statutes, is created
762	to read:
763	1003.572  Appointment of surrogate parent.--
764	(1)  Each district school board must appoint a surrogate
765	parent for a child known to the department, as defined in s.
766	39.0016, who has or is suspected of having a disability when:
767	(a)  After reasonable efforts, no parent can be located; or
768	(b)  A court of competent jurisdiction over the child under
769	chapter 39 has determined that no person has the authority,
770	willingness, or ability to serve as the educational
771	decisionmaker for the child.
772	(2)  The district school board must appoint the surrogate
773	parent within 30 days after notice that the child meets the
774	criteria in subsection (1).
775	(3)  A surrogate parent must be appointed by the district
776	school board without regard to where the child is placed so that
777	one surrogate parent can follow the education of the child
778	during his or her entire time in state custody.
779	(4)  For a child known to the department, as defined in s.
780	39.0016, the responsibility to appoint a surrogate parent
781	resides with both the district school board and the court with
782	jurisdiction over the child. The district school board may defer
783	to the court's appointment of a surrogate parent under s.
784	39.0016.
785	(5)  An individual qualified to be appointed as a surrogate
786	parent must:
787	(a)  Be 18 years of age or older.
788	(b)  Have the knowledge, skills, and experience gained
789	through successfully completing training using training
790	materials developed and approved by the Division of Public
791	Schools of the department or comparable knowledge, training, or
792	experience needed to ensure adequate representation of the
793	child.
794	(c)  Have no personal or professional interests that
795	conflict with the interests of the child.
796	(d)  Not be an employee of the department, the district
797	school board, a community-based care provider under s. 409.1671,
798	the Department of Children and Family Services, or any other
799	public or private agency involved in the education or care of
800	the child. However:
801	1.  An individual who acts in a parental role to a child,
802	such as a foster parent or relative caregiver, is not prohibited
803	from serving as a surrogate parent if he or she is employed by
804	such agency in a role not related to the child's care or
805	custody.
806	2.  Group home staff and therapeutic foster home parents
807	are deemed employees who are not acting in a parental role for
808	this purpose.
809	3.  A person who is appointed as a surrogate parent is not
810	an employee of an agency solely because he or she is paid by the
811	agency to serve as a surrogate parent.
812	4.  A guardian ad litem may serve as a surrogate parent.
813	5.  A relative or other adult involved in the child's life,
814	regardless of whether or not that person has custody of the
815	child, may serve as a surrogate parent.
816	(6)  An individual appointed as a surrogate parent shall:
817	(a)  Become acquainted with the child and be knowledgeable
818	about his or her handicapping condition and educational needs.
819	(b)  Represent the child in all matters relating to the
820	identification, evaluation, and educational placement of the
821	child.
822	(c)  Represent the interests and safeguard the rights of
823	the child in educational decisions that affect the child.
824	(d)  Represent the child in all matters relating to the
825	provision of a free, appropriate public education for the child.
826	(7)  The responsibilities of an individual appointed as a
827	surrogate parent shall not extend to:
828	(a)  The care, maintenance, custody, residential placement,
829	or any other area not specifically related to the education of
830	the child; or
831	(b)  The identification or evaluation of the child that
832	does not relate specifically to special education.
833	(8)  An individual appointed as a surrogate parent shall
834	not be held liable for actions taken in good faith on behalf of
835	the child in protecting the special education rights of the
836	child.
837	(9)  Nothing in this section shall preclude the appointment
838	of a surrogate parent for a student who is gifted as defined in
839	s. 1003.01(3).
840	Section 16.  Section 1003.573, Florida Statutes, is created
841	to read:
842	1003.573  Gifted student education.--
843	(1)  For students in grades K through 12, each district
844	school board shall annually:
845	(a)  Provide written notice to each student's parent of the
846	eligibility criteria for gifted student classification and the
847	procedures for requesting an evaluation of a student to
848	determine his or her eligibility for such classification.
849	(b)  Report to the department by school and grade level:
850	1.  The number of students classified as gifted. Such
851	reporting shall separately identify the number of students
852	classified as gifted under generally applicable criteria set
853	forth in State Board of Education rule and under a department-
854	approved school district plan for increasing the participation
855	of underrepresented groups.
856	2.  The types of gifted student education services that it
857	provides and the number of students receiving each service. Such
858	reporting shall:
859	a.  Separately identify gifted student education services
860	that provide: direct instruction to a class consisting only of
861	gifted students; differentiated instruction for gifted students
862	within a class that also includes students who are not gifted;
863	and noninstructional consultation services.
864	b.  Indicate the number of hours per week that each service
865	identified under sub-subparagraph a. is provided to each gifted
866	student and whether the service is provided by a teacher who has
867	received the gifted endorsement under State Board of Education
868	rule.
869	3.  Performance data for students receiving gifted student
870	education services.
871
872	When reporting the number of students under this paragraph,
873	district school boards shall classify students according to
874	race, ethnicity, limited English proficient status, and free or
875	reduced-price lunch eligibility status under the National School
876	Lunch Act.
877	(3)  The department shall develop data elements to
878	facilitate district school board reporting under subsection (2).
879	(4)  The State Board of Education shall adopt rules
880	pursuant to ss. 120.536(1) and 120.54 to implement this section.
881	Section 17.  Section 1003.574, Florida Statutes, is created
882	to read:
883	1003.574  Whole-grade and subject matter acceleration.--
884	(1)  For students in grades K through 12, the department
885	shall develop, and district school boards shall implement,
886	statewide policies that set forth procedures and eligibility
887	criteria for whole-grade and subject matter acceleration.
888	(2)  Each district school board shall report annually to
889	the department by school and grade level: the number of, and
890	performance data for, students who were accelerated one or more
891	whole grades; the types of subject matter acceleration programs
892	offered; and the number of, and performance data for, students
893	who participated in subject matter acceleration programs. When
894	reporting the number of students, district school boards shall
895	classify students according to race, ethnicity, limited English
896	proficient status, and free or reduced-price lunch eligibility
897	status under the National School Lunch Act.
898	(3)  The department shall develop data elements to
899	facilitate district school board reporting under subsection (2).
900	(4)  The State Board of Education shall adopt rules
901	pursuant to ss. 120.536(1) and 120.54 to implement this section.
902	Section 18.  Paragraph (c) of subsection (3) of section
903	1004.04, Florida Statutes, is amended to read:
904	1004.04  Public accountability and state approval for
905	teacher preparation programs.--
906	(3)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A system
907	developed by the Department of Education in collaboration with
908	postsecondary educational institutions shall assist departments
909	and colleges of education in the restructuring of their programs
910	in accordance with this section to meet the need for producing
911	quality teachers now and in the future.
912	(c)  State-approved teacher preparation programs must
913	incorporate:
914	1.  Appropriate English for Speakers of Other Languages
915	instruction so that program graduates will have completed the
916	requirements for teaching limited English proficient students in
917	Florida public schools.
918	2.  Scientifically researched, knowledge-based reading
919	literacy and computational skills instruction so that program
920	graduates will be able to provide the necessary academic
921	foundations for their students at whatever grade levels they
922	choose to teach.
923	3.  Gifted student instruction so that program graduates
924	will:
925	a.  Be able to recognize the characteristics of gifted
926	students.
927	b.  Have knowledge of the eligibility criteria for gifted
928	student classification and the procedures for referring a
929	student for an evaluation to determine his or her eligibility
930	for such classification.
931	c.  Have knowledge of how to differentiate the general
932	education curriculum for gifted students.
933	Section 19.  Paragraph (d) of subsection (3) of section
934	1004.99, Florida Statutes, is amended, subsection (4) is
935	renumbered as subsection (5), and a new subsection (4) is added
936	to that section, to read:
937	1004.99  Florida Ready to Work Certification Program.--
938	(3)  The Florida Ready to Work Certification Program shall
939	be composed of:
940	(d)  A Florida Ready to Work Credential certificate and
941	portfolio awarded to students upon successful completion of the
942	instruction. Each portfolio must delineate the skills
943	demonstrated by the student as evidence of the student's
944	preparation for employment.
945	(4)  A Florida Ready to Work Credential shall be awarded to
946	a student who successfully passes assessments in Reading for
947	Information, Applied Mathematics, and Locating Information or
948	any other assessments of comparable rigor. Each assessment shall
949	be scored on a scale of 3 to 7. The level of the credential each
950	student receives is based on the following:
951	(a)  A bronze-level credential requires a minimum score of
952	3 or above on each of the assessments.
953	(b)  A silver-level credential requires a minimum score of
954	4 or above on each of the assessments.
955	(c)  A gold-level credential requires a minimum score of 5
956	or above on each of the assessments.
957	Section 20.  Subsection (1) of section 1009.536, Florida
958	Statutes, is amended to read:
959	1009.536  Florida Gold Seal Vocational Scholars award.--The
960	Florida Gold Seal Vocational Scholars award is created within
961	the Florida Bright Futures Scholarship Program to recognize and
962	reward academic achievement and career preparation by high
963	school students who wish to continue their education.
964	(1)  A student is eligible for a Florida Gold Seal
965	Vocational Scholars award if the student meets the general
966	eligibility requirements for the Florida Bright Futures
967	Scholarship Program and the student:
968	(a)  Completes the secondary school portion of a sequential
969	program of studies that requires at least three secondary school
970	career credits taken over at least 2 academic years, and is
971	continued in a planned, related postsecondary education program.
972	If the student's school does not offer such a two-plus-two or
973	tech-prep program, the student must complete a job-preparatory
974	career education program selected by Workforce Florida, Inc.,
975	for its ability to provide high-wage employment in an occupation
976	with high potential for employment opportunities. On-the-job
977	training may not be substituted for any of the three required
978	career credits.
979	(b)  Demonstrates readiness for postsecondary education by
980	earning a passing score on the Florida College Entry Level
981	Placement Test or its equivalent as identified by the Department
982	of Education.
983	(c)  Earns a minimum cumulative weighted grade point
984	average of 3.0, as calculated pursuant to s. 1009.531, on all
985	subjects required for a standard high school diploma, excluding
986	elective courses.
987	(d)  Earns a minimum unweighted grade point average of 3.5
988	on a 4.0 scale for secondary career courses comprising the
989	career program.
990	(e)  Beginning with students entering grade 9 in the 2008-
991	2009 school year, earns a gold-level Florida Ready to Work
992	Credential as created under s. 1004.99.
993	Section 21.  Paragraph (e) of subsection (1) of section
994	1011.62, Florida Statutes, is amended to read:
995	1011.62  Funds for operation of schools.--If the annual
996	allocation from the Florida Education Finance Program to each
997	district for operation of schools is not determined in the
998	annual appropriations act or the substantive bill implementing
999	the annual appropriations act, it shall be determined as
1000	follows:
1001	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1002	OPERATION.--The following procedure shall be followed in
1003	determining the annual allocation to each district for
1004	operation:
1005	(e)  Funding model for exceptional student education
1006	programs.--
1007	1.a.  The funding model uses basic, at-risk, support levels
1008	IV and V for exceptional students and career Florida Education
1009	Finance Program cost factors, and a guaranteed allocation for
1010	exceptional student education programs. Exceptional education
1011	cost factors are determined by using a matrix of services to
1012	document the services that each exceptional student will
1013	receive. The nature and intensity of the services indicated on
1014	the matrix shall be consistent with the services described in
1015	each exceptional student's individual educational plan.
1016	b.  In order to generate funds using one of the two
1017	weighted cost factors, a matrix of services must be completed at
1018	the time of the student's initial placement into an exceptional
1019	student education program and at least once every 3 years by
1020	personnel who have received approved training. Nothing listed in
1021	the matrix shall be construed as limiting the services a school
1022	district must provide in order to ensure that exceptional
1023	students are provided a free, appropriate public education.
1024	c.  Students identified as exceptional, in accordance with
1025	chapter 6A-6, Florida Administrative Code, who do not have a
1026	matrix of services as specified in sub-subparagraph b. shall
1027	generate funds on the basis of full-time-equivalent student
1028	membership in the Florida Education Finance Program at the same
1029	funding level per student as provided for basic students.
1030	Additional funds for these exceptional students will be provided
1031	through the guaranteed allocation designated in subparagraph 2.
1032	2.  For students identified as exceptional who do not have
1033	a matrix of services and students who are gifted in grades K
1034	through 8, there is created a guaranteed allocation to provide
1035	these students with a free appropriate public education, in
1036	accordance with s. 1001.42(4)(l)(m) and rules of the State Board
1037	of Education, which shall be allocated annually to each school
1038	district in the amount provided in the General Appropriations
1039	Act. These funds shall be in addition to the funds appropriated
1040	on the basis of FTE student membership in the Florida Education
1041	Finance Program, and the amount allocated for each school
1042	district shall not be recalculated during the year. These funds
1043	shall be used to provide special education and related services
1044	for exceptional students and students who are gifted in grades K
1045	through 8. Beginning with the 2007-2008 fiscal year, a
1046	district's expenditure of funds from the guaranteed allocation
1047	for students in grades 9 through 12 who are gifted may not be
1048	greater than the amount expended during the 2006-2007 fiscal
1049	year for gifted students in grades 9 through 12. Each district
1050	school board in its annual financial report to the department
1051	shall separately identify the following amounts expended from
1052	the guaranteed allocation:
1053	a.  The amount expended for students identified as
1054	exceptional who do not have a matrix of services.
1055	b.  The amount expended for gifted students in grades K
1056	through 12 according to grade level.
1057	Section 22.  Subsections (4) and (6) of section 1012.56,
1058	Florida Statutes, are amended to read:
1059	1012.56  Educator certification requirements.--
1060	(4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
1061	of demonstrating mastery of subject area knowledge are:
1062	(a)  Achievement of passing scores on subject area
1063	examinations required by state board rule, which may include,
1064	but need not be limited to, world languages in Arabic, Chinese,
1065	Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,
1066	Italian, Japanese, Portuguese, Russian, and Spanish;
1067	(b)  Completion of a bachelor's degree or higher and
1068	verification of the attainment of an oral proficiency interview
1069	score above the intermediate level and a written proficiency
1070	score above the intermediate level on a test administered by the
1071	American Council on the Teaching of Foreign Languages for which
1072	there is no Florida-developed examination;
1073	(c)(b)  Completion of the subject area specialization
1074	requirements specified in state board rule and verification of
1075	the attainment of the essential subject matter competencies by
1076	the district school superintendent of the employing school
1077	district or chief administrative officer of the employing state-
1078	supported or private school for a subject area for which a
1079	subject area examination has not been developed and required by
1080	state board rule;
1081	(d)(c)  Completion of the subject area specialization
1082	requirements specified in state board rule for a subject
1083	coverage requiring a master's or higher degree and achievement
1084	of a passing score on the subject area examination specified in
1085	state board rule;
1086	(e)(d)  A valid professional standard teaching certificate
1087	issued by another state; or
1088	(f)(e)  A valid certificate issued by the National Board
1089	for Professional Teaching Standards or a national educator
1090	credentialing board approved by the State Board of Education.
1091
1092	School districts are encouraged to provide mechanisms for those
1093	middle school teachers holding only a K-6 teaching certificate
1094	to obtain a subject area coverage for middle grades through
1095	postsecondary coursework or district add-on certification.
1096	(6)  TYPES AND TERMS OF CERTIFICATION.--
1097	(a)  The Department of Education shall issue a professional
1098	certificate for a period not to exceed 5 years to any applicant
1099	who meets all the requirements outlined in subsection (2).
1100	(b)  The department shall issue a temporary certificate to
1101	any applicant who completes the requirements outlined in
1102	paragraphs (2)(a)-(f) and completes the subject area content
1103	requirements specified in state board rule or demonstrates
1104	mastery of subject area knowledge pursuant to subsection (4) and
1105	holds an accredited degree or a degree approved by the
1106	Department of Education at the level required for the subject
1107	area specialization in state board rule.
1108	(c)  The department shall issue one nonrenewable 2-year
1109	temporary certificate and one nonrenewable 5-year professional
1110	certificate to a qualified applicant who holds a bachelor's
1111	degree in the area of speech-language impairment to allow for
1112	completion of a master's degree program in speech-language
1113	impairment.
1114
1115	Each temporary certificate is valid for 3 school fiscal years
1116	and is nonrenewable. However, the requirement in paragraph
1117	(2)(g) must be met within 1 calendar year of the date of
1118	employment under the temporary certificate. Individuals who are
1119	employed under contract at the end of the 1 calendar year time
1120	period may continue to be employed through the end of the school
1121	year in which they have been contracted. A school district shall
1122	not employ, or continue the employment of, an individual in a
1123	position for which a temporary certificate is required beyond
1124	this time period if the individual has not met the requirement
1125	of paragraph (2)(g). The State Board of Education shall adopt
1126	rules to allow the department to extend the validity period of a
1127	temporary certificate for 2 years when the requirements for the
1128	professional certificate, not including the requirement in
1129	paragraph (2)(g), were not completed due to the serious illness
1130	or injury of the applicant or other extraordinary extenuating
1131	circumstances. The department shall reissue the temporary
1132	certificate for 2 additional years upon approval by the
1133	Commissioner of Education. A written request for reissuance of
1134	the certificate shall be submitted by the district school
1135	superintendent, the governing authority of a university lab
1136	school, the governing authority of a state-supported school, or
1137	the governing authority of a private school.
1138	Section 23.  Gifted and Academically Talented Student Task
1139	Force.--
1140	(1)  Effective upon this act becoming a law, there is
1141	created the Gifted and Academically Talented Student Task Force.
1142	The task force is composed of the following seven members:
1143	(a)  The chair of the State Board of Education or his or
1144	her designee, who shall serve as chair.
1145	(b)  The Commissioner of Education or his or her designee,
1146	who shall serve as vice chair.
1147	(c)  Four members who collectively have experience in
1148	gifted and academically talented student screening,
1149	identification, and education, one of whom shall be appointed by
1150	the Governor, one of whom shall be appointed by the President of
1151	the Senate, one of whom shall be appointed by the Speaker of the
1152	House of Representatives, and one of whom shall be appointed by
1153	the chair of State Board of Education.
1154	(d)  One member who represents an advocacy group for
1155	parents of gifted children who shall be appointed by the
1156	Governor.
1157	(2)  The members of the task force shall be appointed by
1158	July 1, 2008, and shall convene the initial meeting of the task
1159	force by August 1, 2008.
1160	(3)  The task force is assigned to the Department of
1161	Education for administrative purposes. Members of the task force
1162	are not entitled to compensation but are entitled to per diem
1163	and travel expenses under s. 112.061, Florida Statutes. Members
1164	of the task force are subject to the Code of Ethics for Public
1165	Officers and Employees under part III of chapter 112, Florida
1166	Statutes.
1167	(4)  By February 1, 2009, the task force shall submit a
1168	report to the Governor, the President of the Senate, and the
1169	Speaker of the House of Representatives that includes, but is
1170	not limited to, recommendations, based upon peer-reviewed
1171	research and the members' collective expertise, for the
1172	following:
1173	(a)  Revisions to statute and rule governing eligibility
1174	criteria for gifted student classification generally and in
1175	underrepresented groups.
1176	(b)  Eligibility criteria for academically talented student
1177	classification. Such criteria shall identify students who are
1178	not classified as gifted but who possess high achievement
1179	capability in one or more academic subject areas and who would
1180	benefit from participation in accelerated or differentiated
1181	curricula learning opportunities.
1182	(c)  Annual screening procedures for the determination of
1183	students who should be further evaluated for identification as
1184	gifted or academically talented students. These procedures, at a
1185	minimum, shall identify:
1186	1.  The most appropriate grade or grades within each of the
1187	elementary, middle, and high school levels to administer such
1188	screenings for all students.
1189	2.  One or more recommended screening instruments.
1190	(d)  Model gifted and academically talented student
1191	education programs. The programs must include, but are not
1192	limited to:
1193	1.  Classroom-based, school-based, and district-based
1194	implementation options.
1195	2.  Subject matter acceleration opportunities,
1196	differentiated curricula that address the exceptional learning
1197	needs of gifted and academically talented students, and
1198	enrichment activities that extend learning opportunities
1199	available in the classroom.
1200	(e)  Procedures for annually evaluating the effectiveness
1201	of model gifted and academically talented student education
1202	programs.
1203	(f)  Procedures for evaluating students participating in
1204	gifted or academically talented student education programs to
1205	determine student performance and whether the students are
1206	benefiting from, and continue to be eligible to participate in,
1207	the programs.
1208	(5)  Upon delivery of its final report and recommendations,
1209	the task force is abolished.
1210	Section 24.  Except as otherwise expressly provided in this
1211	act, this act shall take effect July 1, 2008.
1212
1213
1214	-----------------------------------------------------
1215	T I T L E  A M E N D M E N T
1216	Remove lines 4581-4992 and insert:
1217	An act relating to education; providing a short title; amending
1218	s. 39.0016, F.S.; defining the term "surrogate parent";
1219	providing conditions for district school board or court
1220	appointment of a surrogate parent for educational decisionmaking
1221	for a child who has or is suspected of having a disability;
1222	amending s. 39.202, F.S.; providing for access to certain
1223	records to liaisons between school districts and the Department
1224	of Children and Family Services; amending s. 39.402, F.S.;
1225	requiring access to a child's medical records and educational
1226	records if a child is placed in a shelter; amending s. 39.701,
1227	F.S.; requiring the court and citizen review panel in judicial
1228	reviews to consider testimony by a surrogate parent for
1229	educational decisionmaking; amending s. 445.004, F.S.; requiring
1230	Workforce Florida, Inc., and the Department of Education to
1231	ensure consistent use of the credential; amending s. 1000.21,
1232	F.S.; defining the term "surrogate parent" for purposes of the
1233	K-20 Education Code; amending s. 1003.01, F.S.; providing that
1234	habitual truancy provisions apply to students subject to Student
1235	Preparedness Pilot Program requirements; defining regular
1236	program attendance in a pilot program school district; amending
1237	s. 1003.21, F.S.; requiring a student in a pilot program school
1238	district to be informed of attendance and completion
1239	requirements; providing access to free public education for
1240	children known to the department; authorizing a temporary
1241	exemption relating to school attendance; creating s. 1003.215,
1242	F.S.; creating the Student Preparedness Pilot Program; requiring
1243	the Duval County School District and each selected school
1244	district to review and identify curricula options for certain
1245	students; requiring students who attain the age of 16 years but
1246	have not reached the age of 18 years in pilot program districts
1247	who do not regularly attend school to be subject to specific
1248	attendance and completion requirements; providing for an
1249	application and selection process for school district
1250	participation; specifying procedures for termination of school
1251	enrollment and requirements for pilot program attendance and
1252	completion; specifying that students who select a nontraditional
1253	academic option are not eligible students for purposes of school
1254	grading; requiring an annual study and reporting by the Office
1255	of Program Policy Analysis and Government Accountability;
1256	amending s. 1003.22, F.S.; authorizing a temporary exemption
1257	from school-entry health examinations for children known to the
1258	department; amending s. 1003.26, F.S.; conforming cross-
1259	references; amending s. 1003.428, F.S.; requiring a student to
1260	earn the credential for high school graduation with a career or
1261	technical major area of interest; creating s. 1003.497, F.S.;
1262	requiring the Department of Education to encourage school
1263	districts to initiate, adopt, expand, and institutionalize
1264	service-learning programs, activities, and policies in
1265	kindergarten through grade 12; defining service learning;
1266	providing for department assistance to a school district that
1267	elects to implement service-learning activities; requiring
1268	development and adoption of service-learning courses;
1269	authorizing service-learning activities to count toward high
1270	school graduation or academic award requirements; encouraging
1271	school districts to include service learning as part of courses
1272	or activities required for high school graduation or receipt of
1273	academic awards; creating s. 1003.572, F.S.; requiring a
1274	district school board to appoint a surrogate parent for a child
1275	who has or is suspected of having a disability under certain
1276	circumstances; providing joint responsibility of a district
1277	school board and the court; providing qualifications,
1278	responsibilities, and immunities for a surrogate parent;
1279	creating s. 1003.573, F.S.; requiring district school boards to
1280	provide parental notice of requirements and procedures for
1281	requesting evaluations for gifted student classification;
1282	requiring district school board reporting of gifted student
1283	classification, services, and performance data; requiring the
1284	Department of Education to develop data elements for district
1285	reporting; requiring rulemaking; creating s. 1003.574, F.S.;
1286	requiring the department to develop procedures and eligibility
1287	criteria for whole-grade and subject matter acceleration;
1288	requiring district school boards to implement procedures and
1289	eligibility criteria; requiring district school board reporting
1290	of student acceleration data; requiring the department to
1291	develop data elements for district reporting; requiring
1292	rulemaking; amending s. 1004.04, F.S.; requiring state-approved
1293	teacher preparation programs to incorporate specified gifted
1294	student instruction; amending s. 1004.99, F.S., relating to the
1295	Florida Ready to Work Certification Program; providing for the
1296	award of a Florida Ready to Work Credential; providing
1297	requirements for attaining bronze, silver, and gold credential
1298	levels based on assessment scores; amending s. 1009.536, F.S.;
1299	requiring a student to earn the credential for receipt of a
1300	Florida Gold Seal Vocational Scholars award; amending s.
1301	1011.62, F.S.; requiring certain school district guaranteed
1302	allocation expenditures to be reported separately; amending s.
1303	1012.56, F.S.; revising provisions relating to the means for
1304	demonstrating mastery of subject area knowledge; specifying
1305	world languages for which subject area examinations may be
1306	required by State Board of Education rule; authorizing degree
1307	completion and attainment of foreign language proficiency on
1308	specified national tests; revising requirements relating to the
1309	issuance of temporary certificates; creating the Gifted and
1310	Academically Talented Student Task Force within the Department
1311	of Education; designating members; providing for per diem and
1312	travel expenses; requiring the task force to submit a report to
1313	the Governor and Legislature; providing report requirements;
1314	providing for the future abolishment of the task force;
1315	providing effective dates.

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