| 1 | A bill to be entitled |
| 2 | An act relating to public education; amending ss. 1001.42, |
| 3 | 1002.415, 1003.02, 1011.60, and 1011.61, F.S.; providing |
| 4 | for the operation of schools for a term of 180 days or the |
| 5 | equivalent on an hourly basis; providing for 196 days of |
| 6 | service or the equivalent on an hourly basis for certain |
| 7 | school district personnel; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraph (a) of subsection (12) of section |
| 12 | 1001.42, Florida Statutes, is amended to read: |
| 13 | 1001.42 Powers and duties of district school board.--The |
| 14 | district school board, acting as a board, shall exercise all |
| 15 | powers and perform all duties listed below: |
| 16 | (12) FINANCE.--Take steps to assure students adequate |
| 17 | educational facilities through the financial procedure |
| 18 | authorized in chapters 1010 and 1011 and as prescribed below: |
| 19 | (a) Provide for all schools to operate at least 180 |
| 20 | days.--Provide for the operation of all public schools, both |
| 21 | elementary and secondary, as free schools for a term of at least |
| 22 | 180 days or the equivalent on an hourly basis as specified by |
| 23 | rules of the State Board of Education; determine district school |
| 24 | funds necessary in addition to state funds to operate all |
| 25 | schools for such minimum term; and arrange for the levying of |
| 26 | district school taxes necessary to provide the amount needed |
| 27 | from district sources. |
| 28 | Section 2. Paragraph (b) of subsection (3) of section |
| 29 | 1002.415, Florida Statutes, is amended to read: |
| 30 | 1002.415 K-8 Virtual School Program.--Subject to annual |
| 31 | legislative appropriation, a kindergarten through grade 8 |
| 32 | virtual school program is established within the Department of |
| 33 | Education for the purpose of making academic instruction |
| 34 | available to full-time students in kindergarten through grade 8 |
| 35 | using online and distance learning technology. The department |
| 36 | shall use an application process to select schools to deliver |
| 37 | program instruction. |
| 38 | (3) PARTICIPATING SCHOOLS.-- |
| 39 | (b) A school approved to participate in the program is |
| 40 | deemed to be an independent virtual school providing, on behalf |
| 41 | of the state, a program of instruction that is full time, of 180 |
| 42 | days' duration or the equivalent on an hourly basis, and an |
| 43 | online program of instruction to students in kindergarten |
| 44 | through grade 8. |
| 45 | Section 3. Paragraph (g) of subsection (1) of section |
| 46 | 1003.02, Florida Statutes, is amended to read: |
| 47 | 1003.02 District school board operation and control of |
| 48 | public K-12 education within the school district.--As provided |
| 49 | in part II of chapter 1001, district school boards are |
| 50 | constitutionally and statutorily charged with the operation and |
| 51 | control of public K-12 education within their school district. |
| 52 | The district school boards must establish, organize, and operate |
| 53 | their public K-12 schools and educational programs, employees, |
| 54 | and facilities. Their responsibilities include staff |
| 55 | development, public K-12 school student education including |
| 56 | education for exceptional students and students in juvenile |
| 57 | justice programs, special programs, adult education programs, |
| 58 | and career education programs. Additionally, district school |
| 59 | boards must: |
| 60 | (1) Provide for the proper accounting for all students of |
| 61 | school age, for the attendance and control of students at |
| 62 | school, and for proper attention to health, safety, and other |
| 63 | matters relating to the welfare of students in the following |
| 64 | fields: |
| 65 | (g) School operation.-- |
| 66 | 1. Provide for the operation of all public schools as free |
| 67 | schools for a term of at least 180 days or the equivalent on an |
| 68 | hourly basis as specified by rules of the State Board of |
| 69 | Education; determine district school funds necessary in addition |
| 70 | to state funds to operate all schools for the minimum term; and |
| 71 | arrange for the levying of district school taxes necessary to |
| 72 | provide the amount needed from district sources. |
| 73 | 2. Prepare, adopt, and timely submit to the Department of |
| 74 | Education, as required by law and by rules of the State Board of |
| 75 | Education, the annual school budget, so as to promote the |
| 76 | improvement of the district school system. |
| 77 | Section 4. Subsection (2) and paragraphs (d) and (f) of |
| 78 | subsection (3) of section 1011.60, Florida Statutes, are amended |
| 79 | to read: |
| 80 | 1011.60 Minimum requirements of the Florida Education |
| 81 | Finance Program.--Each district which participates in the state |
| 82 | appropriations for the Florida Education Finance Program shall |
| 83 | provide evidence of its effort to maintain an adequate school |
| 84 | program throughout the district and shall meet at least the |
| 85 | following requirements: |
| 86 | (2) MINIMUM TERM.--Operate all schools for a term of at |
| 87 | least 180 actual teaching days or the equivalent on an hourly |
| 88 | basis as specified by rules of the State Board of Education each |
| 89 | school year. The State Board of Education may prescribe |
| 90 | procedures for altering, and, upon written application, may |
| 91 | alter, this requirement during a national, state, or local |
| 92 | emergency as it may apply to an individual school or schools in |
| 93 | any district or districts if, in the opinion of the board, it is |
| 94 | not feasible to make up lost days or hours, and the |
| 95 | apportionment may, at the discretion of the Commissioner of |
| 96 | Education and if the board determines that the reduction of |
| 97 | school days or hours is caused by the existence of a bona fide |
| 98 | emergency, be reduced for such district or districts in |
| 99 | proportion to the decrease in the length of term in any such |
| 100 | school or schools. A strike, as defined in s. 447.203(6), by |
| 101 | employees of the school district may not be considered an |
| 102 | emergency. |
| 103 | (3) EMPLOYMENT POLICIES.--Adopt rules relating to the |
| 104 | appointment, promotion, transfer, suspension, and dismissal of |
| 105 | personnel. |
| 106 | (d) District school boards may authorize a maximum of six |
| 107 | paid legal holidays which shall apply to the 196 days of service |
| 108 | or the equivalent on an hourly basis. |
| 109 | (f) Such rules must require 12 calendar months of service |
| 110 | for such principals as prescribed by rules of the State Board of |
| 111 | Education and must require 10 months to include not less than |
| 112 | 196 days of service or the equivalent on an hourly basis, |
| 113 | excluding Sundays and other holidays, for all members of the |
| 114 | instructional staff, with any such service on a 12-month basis |
| 115 | to include reasonable allowance for vacation or further study as |
| 116 | prescribed by the school board in accordance with rules of the |
| 117 | State Board of Education. |
| 118 | Section 5. Paragraph (c) of subsection (1) of section |
| 119 | 1011.61, Florida Statutes, is amended to read: |
| 120 | 1011.61 Definitions.--Notwithstanding the provisions of s. |
| 121 | 1000.21, the following terms are defined as follows for the |
| 122 | purposes of the Florida Education Finance Program: |
| 123 | (1) A "full-time equivalent student" in each program of |
| 124 | the district is defined in terms of full-time students and part- |
| 125 | time students as follows: |
| 126 | (c)1. A "full-time equivalent student" is: |
| 127 | a. A full-time student in any one of the programs listed |
| 128 | in s. 1011.62(1)(c); or |
| 129 | b. A combination of full-time or part-time students in any |
| 130 | one of the programs listed in s. 1011.62(1)(c) which is the |
| 131 | equivalent of one full-time student based on the following |
| 132 | calculations: |
| 133 | (I) A full-time student, except a postsecondary or adult |
| 134 | student or a senior high school student enrolled in adult |
| 135 | education when such courses are required for high school |
| 136 | graduation, in a combination of programs listed in s. |
| 137 | 1011.62(1)(c) shall be a fraction of a full-time equivalent |
| 138 | membership in each special program equal to the number of net |
| 139 | hours per school year for which he or she is a member, divided |
| 140 | by the appropriate number of hours set forth in subparagraph |
| 141 | (a)1. or subparagraph (a)2. The difference between that fraction |
| 142 | or sum of fractions and the maximum value as set forth in |
| 143 | subsection (4) for each full-time student is presumed to be the |
| 144 | balance of the student's time not spent in such special |
| 145 | education programs and shall be recorded as time in the |
| 146 | appropriate basic program. |
| 147 | (II) A prekindergarten handicapped student shall meet the |
| 148 | requirements specified for kindergarten students. |
| 149 | (III) A full-time equivalent student for students in |
| 150 | grades K-8 in a school district virtual instruction program as |
| 151 | provided in s. 1002.45 shall consist of a student who has |
| 152 | successfully completed a basic program listed in s. |
| 153 | 1011.62(1)(c)1.a. or b., and who is promoted to a higher grade |
| 154 | level. |
| 155 | (IV) A full-time equivalent student for students in grades |
| 156 | 9-12 in a school district virtual instruction program as |
| 157 | provided in s. 1002.45 shall consist of six full credit |
| 158 | completions in programs listed in s. 1011.62(1)(c)1. and 4. |
| 159 | Credit completions can be a combination of either full credits |
| 160 | or half credits. |
| 161 | (V) A Florida Virtual School full-time equivalent student |
| 162 | shall consist of six full credit completions in the programs |
| 163 | listed in s. 1011.62(1)(c)1. and 4. Credit completions can be a |
| 164 | combination of either full credits or half credits. |
| 165 | (VI) Each successfully completed credit earned under the |
| 166 | alternative high school course credit requirements authorized in |
| 167 | s. 1002.375, which is not reported as a portion of the 900 net |
| 168 | hours of instruction pursuant to subparagraph (1)(a)1., shall be |
| 169 | calculated as 1/6 FTE. |
| 170 | 2. A student in membership in a program scheduled for more |
| 171 | or less than 180 school days or the equivalent on an hourly |
| 172 | basis is a fraction of a full-time equivalent membership equal |
| 173 | to the number of instructional hours in membership divided by |
| 174 | the appropriate number of hours set forth in subparagraph (a)1.; |
| 175 | however, for the purposes of this subparagraph, membership in |
| 176 | programs scheduled for more than 180 days or the equivalent on |
| 177 | an hourly basis is limited to students enrolled in juvenile |
| 178 | justice education programs and the Florida Virtual School. |
| 179 |
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| 180 | The department shall determine and implement an equitable method |
| 181 | of equivalent funding for experimental schools and for schools |
| 182 | operating under emergency conditions, which schools have been |
| 183 | approved by the department to operate for less than the minimum |
| 184 | school day. |
| 185 | Section 6. This act shall take effect July 1, 2009. |