Florida Senate - 2009 SB 2540
By Senators Altman and Wise
24-00265-09 20092540__
1 A bill to be entitled
2 An act relating to the Governor's School for Science
3 and Technology; creating s. 1002.371, F.S.;
4 establishing the Governor's School for Science and
5 Technology within the Florida K-20 public education
6 system and the Department of Education; providing that
7 the school offer intensive instruction for students in
8 grades 9 through 12 and summer programs for teachers;
9 providing for the school to be located in Brevard
10 County; providing legislative intent; providing for a
11 board of trustees to be appointed by the Governor,
12 subject to confirmation by the Senate; providing for
13 terms of office; providing for members of the board of
14 trustees to be reimbursed for travel expenses;
15 authorizing the board of trustees to adopt rules,
16 subject to approval by the State Board of Education;
17 providing powers and duties of the board of trustees;
18 requiring the board of trustees to submit a progress
19 report by a certain date; providing requirements for
20 legislative budget requests; providing for funding;
21 requiring that a student enrolled in the school be
22 recorded as enrolled in the student's home school
23 district for purposes of funding; amending ss.
24 110.205, 216.251, 1000.04, 1002.20, and 1003.02, F.S.;
25 conforming provisions to changes made by the act;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 1002.371, Florida Statutes, is created
31 to read:
32 1002.371 Governor's School for Science and Technology.—The
33 Governor's School for Science and Technology is established
34 within the Florida K-20 public education system and shall be
35 administratively housed within the Department of Education.
36 (1) The mission of the Governor's School for Science and
37 Technology is to provide advanced educational classes in the
38 areas of science, mathematics, engineering, and technology in a
39 residential setting which are taught by highly qualified
40 scientists and instructors and organized and provided in short
41 periods of intensive, specialized real-life learning experiences
42 for highly motivated and talented students in grades 9 through
43 12.
44 (2) The school shall be located in Brevard County and be
45 situated where a formal partnership between the school and the
46 Kennedy Space Center may readily be established and maintained
47 in order to provide real-life learning experiences for students.
48 The attendance area for the school is the entire state; however,
49 admission to the school is a privilege reserved for qualified
50 students who are selected through a statewide application and
51 qualification system and is not a right afforded to the general
52 population of students in this state. Students enrolled in the
53 school must reside on the school's premises and be under the
54 control of the school.
55 (3) It is the intent of the Legislature that existing
56 facilities be used for the school and that by the 2011-2012
57 school year the school begin offering:
58 (a) Advanced learning opportunities in the areas of
59 mathematics, science, engineering, and technology to qualified
60 students; and
61 (b) Summer programs for elementary, middle, and high school
62 teachers.
63 (4)(a) A board of trustees is created for the Governor's
64 School for Science and Technology which shall consist of seven
65 members. The trustees shall be appointed by the Governor and are
66 subject to confirmation by the Senate. Trustees shall be
67 appointed to 4-year terms, except that the initial terms shall
68 be staggered so that three members are appointed to 4-year
69 terms, two members are appointed to 3-year terms, and two
70 members are appointed to 2-year terms. The Governor may remove
71 any member for cause and shall fill all vacancies that occur.
72 (b) The board of trustees shall elect a chair annually. The
73 trustees are entitled to reimbursement for travel expenses as
74 provided in s. 112.061, the accounts of which shall be paid by
75 the Chief Financial Officer upon itemized vouchers duly approved
76 by the chair.
77 (c) The board of trustees may adopt rules pursuant to ss.
78 120.536(1) and 120.54 to implement provisions of law relating to
79 the operation of the Governor's School for Science and
80 Technology. Such rules shall be submitted to the State Board of
81 Education for approval or disapproval. After a rule is approved
82 by the State Board of Education, the rule shall be filed
83 immediately with the Department of State. The board of trustees
84 shall act at all times in conjunction with the rules of the
85 State Board of Education.
86 (d) The board of trustees is a body corporate and shall
87 have a corporate seal. Unless otherwise provided by law, all
88 actions of the board of trustees shall be consistent with all
89 laws and rules applicable to state agencies. Title to any gift,
90 donation, or bequest received by the board of trustees pursuant
91 to subparagraph (e)11. shall vest in the board of trustees.
92 Title to all other property and other assets of the Governor's
93 School for Science and Technology shall vest in the State Board
94 of Education; however, the board of trustees has complete
95 jurisdiction over the management of the school.
96 (e) The board of trustees may:
97 1. Appoint or remove a director, faculty, teachers, and
98 other employees according to its best judgment and fix their
99 compensation.
100 2. Procure professional services such as architectural and
101 engineering services.
102 3. Procure legal services without the prior written
103 approval of the Attorney General.
104 4. Determine eligibility of students and procedures for
105 admission, including, but not limited to:
106 a. The requirements that an individual must meet in order
107 to be qualified for admission to the Governor's School for
108 Science and Technology and the standards by which applicants
109 will be selected for admission to the school. Priority must be
110 given to individuals who excel or demonstrate interest in the
111 areas of mathematics, science, engineering, or technology. The
112 requirements and standards may include, but need not be limited
113 to, scores on tests or favorable recommendations from teachers
114 or other school officials.
115 b. The number of students that may be enrolled at the
116 school based on the resources that are available.
117 c. The procedures by which an individual may apply for
118 admission to the school or appeal a decision concerning an
119 application to attend the school.
120 5. Provide necessary housing, food, and transportation for
121 students while attending the school and the cost of
122 transportation to and from their homes.
123 6. Provide for the proper keeping of accounts and records
124 and for budgeting of funds.
125 7. Enter into contracts.
126 8. Sue and be sued.
127 9. Secure public liability insurance.
128 10. Perform any duty necessary to properly manage,
129 maintain, support, and control the school at the highest
130 efficiency economically possible, taking into consideration the
131 mission of the school.
132 11. Receive gifts, donations, and bequests of money or
133 property, real or personal, tangible or intangible, from any
134 person, firm, corporation, or other legal entity. However, the
135 board of trustees may not obligate the state to any expenditure
136 or policy that is not specifically authorized by law. If the
137 bill of sale, will, trust indenture, deed, or other legal
138 conveyance specifies terms and conditions concerning the use of
139 such money or property, the board of trustees shall observe such
140 terms and conditions.
141 12. Sell or convey by bill of sale, deed, or other legal
142 instrument any property, real or personal, received as a gift,
143 donation, or bequest upon such terms and conditions as the board
144 of trustees considers to be in the best interest of the school
145 and its students.
146 13. Invest such moneys in securities enumerated under s.
147 215.47(1), (2)(c), (3), (4), and (9), and in The Common Fund, an
148 Investment Management Fund exclusively for nonprofit educational
149 institutions.
150 (f) The board of trustees shall:
151 1. Annually prepare and submit a legislative budget request
152 for the Governor's School for Science and Technology. The
153 legislative budget request shall be prepared using the same
154 format, procedures, and timelines required for the submission of
155 the legislative budget of the Department of Education. The
156 school's legislative budget request shall be submitted to the
157 department for review and approval. After the department
158 approves the school's legislative budget request, the
159 commissioner shall include the Governor's School for Science and
160 Technology in the department's legislative budget request which
161 shall be submitted to the Governor, the State Board of
162 Education, and the Legislature. The legislative budget request
163 and the appropriation for the Governor's School for Science and
164 Technology shall be a separate identifiable sum in the public
165 schools budget entity of the department. The annual
166 appropriation for the school shall be distributed in
167 approximately equal monthly payments.
168 2. Approve and administer an annual operating budget.
169 3. Require all funds received other than gifts, donations,
170 or bequests; funds raised by or belonging to student clubs or
171 student organizations; and funds held for specific students or
172 in accounts for individual students to be deposited in the State
173 Treasury and expended as authorized in the General
174 Appropriations Act.
175 4. Require all purchases to be in accordance with the
176 provisions of chapter 287, except for purchases made with funds
177 received as gifts, donations, or bequests; funds raised by or
178 belonging to student clubs or student organizations; or funds
179 held for specific students or in accounts for individual
180 students.
181 5. Administer and maintain personnel programs for all
182 employees of the board of trustees and the Governor's School for
183 Science and Technology. Such employees shall be state employees
184 in accordance with the personnel classification and pay plan
185 established in ss. 110.205(2)(d) and 216.251(2)(a) for academic
186 and academic administrative personnel, chapter 110, and the
187 provisions of law that grant authority to the Department of
188 Management Services over such programs for state employees.
189 6. Give preference in appointment and retention in
190 positions of employment as provided in s. 295.07(1).
191 7. Ensure that the Governor's School for Science and
192 Technology complies with procedures that are comparable to those
193 set forth in s. 1013.351 which concern the coordination of
194 planning between the school and local governing bodies.
195 (5) The board of trustees shall perform actions that are
196 necessary for planning and establishing the Governor's School
197 for Science and Technology as provided in this section. The
198 board shall submit a progress report to the Governor, the
199 Commissioner of Education, the President of the Senate, and the
200 Speaker of the House of Representatives by January 1, 2010. The
201 report must include a timeline for future actions to be
202 completed and a summary of the legislative budget request for
203 the 2010-2011 fiscal year.
204 (6) If the Board of Trustees for the Governor's School for
205 Science and Technology determines that a specific requirement of
206 the Florida School Code prohibits the implementation of an
207 innovative instructional practice by the Governor's School for
208 Science and Technology, the school shall provide a report to the
209 Legislature explaining the desired practice and the specific
210 requirement that prohibits its implementation.
211 (7) Funding for instruction, room, board, transportation of
212 students, and for the operation of the Governor's School for
213 Science and Technology shall be authorized in the General
214 Appropriations Act. Other funding for the Governor's School for
215 Science and Technology may be provided from:
216 (a) Appropriations from the Legislature or a state agency;
217 and
218 (b) Contributions or endowments from private entities.
219 (8) A student who is approved for attendance at the
220 Governor's School for Science and Technology shall continue to
221 be recorded as enrolled and in attendance for the purpose of
222 funding in the student's home school district for the period of
223 time the student is away attending the Governor's School for
224 Science and Technology.
225 Section 2. Paragraph (d) of subsection (2) of section
226 110.205, Florida Statutes, is amended to read:
227 110.205 Career service; exemptions.—
228 (2) EXEMPT POSITIONS.—The exempt positions that are not
229 covered by this part include the following:
230 (d) All officers and employees of the state universities
231 and the academic personnel and academic administrative personnel
232 of the Florida School for the Deaf and the Blind and the
233 Governor's School for Science and Technology. In accordance with
234 ss. the provisions of s. 1002.36 and 1002.371, the salaries for
235 academic personnel and academic administrative personnel of the
236 Florida School for the Deaf and the Blind and the Governor's
237 School for Science and Technology shall be set by the board of
238 trustees for each respective the school, subject only to the
239 approval of the State Board of Education.
240 Section 3. Paragraph (a) of subsection (2) of section
241 216.251, Florida Statutes, is amended to read:
242 216.251 Salary appropriations; limitations.—
243 (2)(a) The salary for each position not specifically
244 indicated in the appropriations acts shall be as provided in one
245 of the following subparagraphs:
246 1. Within the classification and pay plans provided for in
247 chapter 110.
248 2. Within the classification and pay plans established by
249 the Board of Trustees for the Florida School for the Deaf and
250 the Blind of the Department of Education and approved by the
251 State Board of Education for academic and academic
252 administrative personnel.
253 3. Within the classification and pay plan approved and
254 administered by the Board of Governors or the designee of the
255 board for those positions in the State University System.
256 4. Within the classification and pay plan approved by the
257 President of the Senate and the Speaker of the House of
258 Representatives, as the case may be, for employees of the
259 Legislature.
260 5. Within the approved classification and pay plan for the
261 judicial branch.
262 6. Within the classification and pay plans established by
263 the Board of Trustees for the Governor's School for Science and
264 Technology of the Department of Education and approved by the
265 State Board of Education for academic and academic
266 administrative personnel.
267 Section 4. Subsection (5) is added to section 1000.04,
268 Florida Statutes, to read:
269 1000.04 Components for the delivery of public education
270 within the Florida K-20 education system.—Florida's K-20
271 education system provides for the delivery of public education
272 through publicly supported and controlled K-12 schools,
273 community colleges, state universities and other postsecondary
274 educational institutions, other educational institutions, and
275 other educational services as provided or authorized by the
276 Constitution and laws of the state.
277 (5) THE GOVERNOR'S SCHOOL FOR SCIENCE AND TECHNOLOGY.—The
278 Governor's School for Science and Technology is a component of
279 the delivery of public education within Florida's K-20 education
280 system.
281 Section 5. Paragraph (a) of subsection (6) of section
282 1002.20, Florida Statutes, is amended to read:
283 1002.20 K-12 student and parent rights.—Parents of public
284 school students must receive accurate and timely information
285 regarding their child's academic progress and must be informed
286 of ways they can help their child to succeed in school. K-12
287 students and their parents are afforded numerous statutory
288 rights including, but not limited to, the following:
289 (6) EDUCATIONAL CHOICE.—
290 (a) Public school choices.—Parents of public school
291 students may seek whatever public school choice options that are
292 applicable to their students and are available to students in
293 their school districts. These options may include controlled
294 open enrollment, single-gender programs, lab schools, school
295 district virtual instruction programs, charter schools, charter
296 technical career centers, magnet schools, alternative schools,
297 special programs, advanced placement, dual enrollment,
298 International Baccalaureate, International General Certificate
299 of Secondary Education (pre-AICE), Advanced International
300 Certificate of Education, early admissions, credit by
301 examination or demonstration of competency, the New World School
302 of the Arts, the Florida School for the Deaf and the Blind, the
303 Governor's School for Science and Technology, and the Florida
304 Virtual School. These options may also include the public school
305 choice options of the Opportunity Scholarship Program and the
306 McKay Scholarships for Students with Disabilities Program.
307 Section 6. Paragraph (i) of subsection (1) of section
308 1003.02, Florida Statutes, is amended to read:
309 1003.02 District school board operation and control of
310 public K-12 education within the school district.—As provided in
311 part II of chapter 1001, district school boards are
312 constitutionally and statutorily charged with the operation and
313 control of public K-12 education within their school district.
314 The district school boards must establish, organize, and operate
315 their public K-12 schools and educational programs, employees,
316 and facilities. Their responsibilities include staff
317 development, public K-12 school student education including
318 education for exceptional students and students in juvenile
319 justice programs, special programs, adult education programs,
320 and career education programs. Additionally, district school
321 boards must:
322 (1) Provide for the proper accounting for all students of
323 school age, for the attendance and control of students at
324 school, and for proper attention to health, safety, and other
325 matters relating to the welfare of students in the following
326 fields:
327 (i) Parental notification of acceleration mechanisms.—At
328 the beginning of each school year, notify parents of students in
329 or entering high school of the opportunity and benefits of
330 advanced placement, International Baccalaureate, Advanced
331 International Certificate of Education, dual enrollment, the
332 Governor's School for Science and Technology, and Florida
333 Virtual School courses.
334 Section 7. This act shall take effect July 1, 2009.