Florida Senate - 2010 CS for SB 1368
By the Committee on Education Pre-K - 12 Appropriations; and
Senator Wise
602-03214B-10 20101368c1
1 A bill to be entitled
2 An act relating to public school funding; amending s.
3 212.055, F.S.; deleting a requirement that school
4 boards imposing the school capital outlay surtax
5 freeze noncapital local school property taxes for at
6 least 3 years; repealing s. 216.292(2)(d), F.S.,
7 relating to the transfer of funds for class size
8 reduction; conforming provisions to changes made by
9 the act; amending s. 1001.395, F.S.; extending the
10 duration of a provision specifying methods to
11 calculate the salary of a school board member;
12 amending s. 1001.451, F.S.; removing the repeal of
13 provisions authorizing a reduction in the incentive
14 grants that are awarded to consortium service
15 organizations; amending s. 1002.32, F.S.; including
16 the millage levied for fixed capital outlay in
17 determining the amount provided to lab schools for
18 operating expenses; amending s. 1002.33, F.S.;
19 requiring that a charter school comply with statutes
20 pertaining to maximum class size; providing that
21 certain capital outlay funds shared with a charter
22 school-in-the-workplace before July 1, 2010, are
23 deemed to meet certain expenditure requirements;
24 revising requirements for calculating the
25 administrative fee that the sponsor of a charter
26 school may withhold and use for capital outlay
27 purposes; amending s. 1002.37, F.S.; providing certain
28 limitations on reporting credits earned by a student
29 through the Florida Virtual School for purposes of
30 funding; including the millage levied for fixed
31 capital outlay in determining the amount provided to
32 the Florida Virtual School for operating expenses;
33 amending s. 1002.45, F.S.; providing for school
34 district virtual instruction programs to include
35 programs offered by community colleges; requiring that
36 community college instructors meet certification
37 requirements; prohibiting a community college from
38 reporting students served in a school district virtual
39 instruction program for funding under the Community
40 College Program Fund; removing obsolete provisions
41 requiring a report; amending ss. 1002.55 and 1002.63,
42 F.S.; revising the requirements for private
43 prekindergarten providers and public school-year
44 prekindergarten programs with respect to the number of
45 students for each class; requiring an instructor for
46 certain classes who holds specified credentials;
47 amending s. 1002.71, F.S.; reducing the amount of
48 funds that an early learning coalition may retain for
49 administrative purposes from funds paid to private
50 prekindergarten providers and public schools; amending
51 s. 1003.03, F.S.; revising requirements for the
52 Department of Education with respect to calculating
53 the maximum class size based on student membership;
54 deleting obsolete provisions; providing for reductions
55 in a district’s class-size-reduction operating
56 categorical allocation under certain circumstances;
57 providing for a budget amendment in the case of an
58 extreme emergency and subject to approval of the
59 Legislative Budget Commission; providing for
60 alternative measures to take effect upon approval of
61 an amendment to the State Constitution by the electors
62 of the state; providing for virtual instruction
63 courses to be included in implementing the class size
64 maximums; amending s. 1003.492, F.S.; clarifying the
65 duties of the Department of Education in approving the
66 list of industry certifications for career education
67 programs; amending s. 1006.28, F.S.; redefining the
68 term “adequate instructional materials” to include
69 electronic content; creating s. 1006.281, F.S.;
70 encouraging school districts to provide access for
71 teachers, students, and parents to an electronic
72 learning management system; specifying the required
73 functionality of such a system; requiring the
74 Department of Education to assist school districts in
75 deploying an electronic learning management system;
76 amending s. 1006.29, F.S.; providing that
77 instructional materials include electronic content;
78 requiring that a publisher or manufacturer providing
79 instructional materials as a single bundle make the
80 materials available separately and priced
81 individually; requiring that instructional materials
82 adopted after a specified date for students in grades
83 9 through 12 be provided primarily in an electronic
84 format; amending s. 1006.33, F.S.; requiring that an
85 advertisement for bids for instructional materials
86 require the bidder to furnish electronic specimen
87 copies of the materials; requiring that district
88 school superintendents request samples in a format
89 other than an electronic format through the
90 department; amending s. 1006.40, F.S.; requiring that
91 a specified percentage of a district’s annual
92 allocation for instructional materials be used for
93 electronic materials beginning with the 2012-2013
94 fiscal year; including electronic content as an
95 approved item of instruction; amending s. 1007.27,
96 F.S.; providing that secondary school students are
97 authorized users of the state-funded electronic
98 library resources licensed for public colleges and
99 universities; providing for verification of
100 eligibility according to rules established by the
101 State Board of Education and the Board of Governors of
102 the State University System; amending s. 1008.34,
103 F.S.; providing for the calculation of certain school
104 grades to include student completion of specified
105 courses; amending s. 1011.03, F.S.; requiring that a
106 district school board post its proposed millage levies
107 on the district’s website; revising the requirements
108 for publishing the proposed levies in a newspaper;
109 amending s. 1011.60, F.S.; deleting a requirement that
110 the State Board of Education adopt rules governing the
111 school term; amending s. 1011.62, F.S.; revising the
112 requirements for calculating full-time equivalent
113 student membership; reducing the amount authorized for
114 teacher bonuses; requiring that a district allocate a
115 specified percentage of funds for industry
116 certification to the center or program that generated
117 the funds; authorizing a district school board to use
118 categorical funds for materials that meet the Next
119 Generation Sunshine State Standards and for certain
120 hardware; providing for adjusting a district’s
121 sparsity supplement based on Merit Award Program
122 funds; clarifying that a calculation subsequent to an
123 appropriation does not result in negative state funds
124 for any district; amending s. 1011.64, F.S., relating
125 to minimum classroom expenditure requirements;
126 conforming a cross-reference; amending s. 1011.67,
127 F.S.; removing requirements for the staggered
128 distribution of funds to districts for instructional
129 materials; amending s. 1011.66, F.S.; removing a
130 provision authorizing the distribution of 60 percent
131 of FEFP funds to a district during the first quarter
132 of a fiscal year; amending s. 1011.68, F.S.; requiring
133 that the allocation for student transportation be
134 determined by the Legislature rather than based on the
135 prior year’s average student cost for transportation;
136 amending s. 1011.71, F.S.; removing certain
137 requirements for the additional millage levied by a
138 district for critical capital outlay needs or critical
139 operating needs; amending s. 1011.73, F.S., relating
140 to district millage elections; correcting a cross
141 reference; amending s. 1012.33, F.S.; exempting
142 specified reemployed instructional personnel from
143 certain requirements for determining pay; amending s.
144 1012.467, F.S.; requiring school districts to accept
145 reciprocity of level 2 screening for Florida High
146 School Athletic Association Officials; amending s.
147 1012.55, F.S.; requiring that instructional personnel
148 providing instruction through a virtual environment
149 hold certification as otherwise required by law and
150 rule; amending s. 1013.62, F.S.; providing that a
151 charter school must serve students in facilities that
152 are provided by a business partner for a charter
153 school-in-the-workplace to be eligible for an
154 allocation of funds for capital outlay purposes;
155 providing for the incorporation by reference of
156 certain calculations used by the Legislature for the
157 2010-2011 fiscal year; providing effective dates.
158
159 Be It Enacted by the Legislature of the State of Florida:
160
161 Section 1. Paragraphs (d) and (e) of subsection (6) of
162 section 212.055, Florida Statutes, are amended to read:
163 212.055 Discretionary sales surtaxes; legislative intent;
164 authorization and use of proceeds.—It is the legislative intent
165 that any authorization for imposition of a discretionary sales
166 surtax shall be published in the Florida Statutes as a
167 subsection of this section, irrespective of the duration of the
168 levy. Each enactment shall specify the types of counties
169 authorized to levy; the rate or rates which may be imposed; the
170 maximum length of time the surtax may be imposed, if any; the
171 procedure which must be followed to secure voter approval, if
172 required; the purpose for which the proceeds may be expended;
173 and such other requirements as the Legislature may provide.
174 Taxable transactions and administrative procedures shall be as
175 provided in s. 212.054.
176 (6) SCHOOL CAPITAL OUTLAY SURTAX.—
177 (d) Any school board imposing the surtax shall implement a
178 freeze on noncapital local school property taxes, at the millage
179 rate imposed in the year prior to the implementation of the
180 surtax, for a period of at least 3 years from the date of
181 imposition of the surtax. This provision shall not apply to
182 existing debt service or taxes authorized in the General
183 Appropriations Act.
184 (d)(e) Surtax revenues collected by the Department of
185 Revenue pursuant to this subsection shall be distributed to the
186 school board imposing the surtax in accordance with law.
187 Section 2. Paragraph (d) of subsection (2) of section
188 216.292, Florida Statutes, is repealed.
189 Section 3. Subsection (3) of section 1001.395, Florida
190 Statutes, is amended to read:
191 1001.395 District school board members; compensation.—
192 (3) Notwithstanding the provisions of this section and s.
193 145.19, for the 2010-2011 2009-2010 fiscal year, the salary of
194 each district school board member shall be the amount calculated
195 pursuant to subsection (1) or the district’s beginning salary
196 for teachers who hold baccalaureate degrees, whichever is less.
197 Section 4. Paragraph (c) of subsection (2) of section
198 1001.451, Florida Statutes, is amended to read:
199 1001.451 Regional consortium service organizations.—In
200 order to provide a full range of programs to larger numbers of
201 students, minimize duplication of services, and encourage the
202 development of new programs and services:
203 (2)
204 (c) Notwithstanding paragraph (a), the appropriation for
205 any the 2009-2010 fiscal year may be less than $50,000 per
206 school district and eligible member. If the amount appropriated
207 is insufficient to provide $50,000, the funds available must be
208 prorated among all eligible districts and members. This
209 paragraph expires July 1, 2010.
210 Section 5. Paragraph (d) of subsection (9) of section
211 1002.32, Florida Statutes, is amended to read:
212 1002.32 Developmental research (laboratory) schools.—
213 (9) FUNDING.—Funding for a lab school, including a charter
214 lab school, shall be provided as follows:
215 (d) Each lab school shall receive funds for operating
216 purposes in an amount determined as follows: multiply the
217 maximum allowable nonvoted discretionary millage for operations
218 pursuant to s. 1011.71(1) and (3) by the value of 95 percent of
219 the current year’s taxable value for school purposes for the
220 district in which each lab school is located; divide the result
221 by the total full-time equivalent membership of the district;
222 and multiply the result by the full-time equivalent membership
223 of the lab school. The amount thus obtained shall be
224 discretionary operating funds and shall be appropriated from
225 state funds in the General Appropriations Act to the Lab School
226 Trust Fund.
227 Section 6. Paragraph (a) of subsection (16), subsection
228 (19), and paragraph (a) of subsection (20) of section 1002.33,
229 Florida Statutes, are amended to read:
230 1002.33 Charter schools.—
231 (16) EXEMPTION FROM STATUTES.—
232 (a) A charter school shall operate in accordance with its
233 charter and shall be exempt from all statutes in chapters 1000
234 1013. However, a charter school shall be in compliance with the
235 following statutes in chapters 1000-1013:
236 1. Those statutes specifically applying to charter schools,
237 including this section.
238 2. Those statutes pertaining to the student assessment
239 program and school grading system.
240 3. Those statutes pertaining to the provision of services
241 to students with disabilities.
242 4. Those statutes pertaining to civil rights, including s.
243 1000.05, relating to discrimination.
244 5. Those statutes pertaining to student health, safety, and
245 welfare.
246 6. Those statutes pertaining to maximum class size.
247 (19) CAPITAL OUTLAY FUNDING.—Charter schools are eligible
248 for capital outlay funds pursuant to s. 1013.62. Capital outlay
249 funds authorized in s. 1011.71(2) which have been shared with a
250 charter school-in-the-workplace prior to July 1, 2010, are
251 deemed to have met the authorized expenditure requirements for
252 such funds.
253 (20) SERVICES.—
254 (a)1. A sponsor shall provide certain administrative and
255 educational services to charter schools. These services shall
256 include contract management services; full-time equivalent and
257 data reporting services; exceptional student education
258 administration services; services related to eligibility and
259 reporting duties required to ensure that school lunch services
260 under the federal lunch program, consistent with the needs of
261 the charter school, are provided by the school district at the
262 request of the charter school, that any funds due to the charter
263 school under the federal lunch program be paid to the charter
264 school as soon as the charter school begins serving food under
265 the federal lunch program, and that the charter school is paid
266 at the same time and in the same manner under the federal lunch
267 program as other public schools serviced by the sponsor or the
268 school district; test administration services, including payment
269 of the costs of state-required or district-required student
270 assessments; processing of teacher certificate data services;
271 and information services, including equal access to student
272 information systems that are used by public schools in the
273 district in which the charter school is located. Student
274 performance data for each student in a charter school,
275 including, but not limited to, FCAT scores, standardized test
276 scores, previous public school student report cards, and student
277 performance measures, shall be provided by the sponsor to a
278 charter school in the same manner provided to other public
279 schools in the district.
280 2. A total administrative fee for the provision of such
281 services shall be calculated based upon up to 5 percent of the
282 available funds defined in paragraph (17)(b) for all students.
283 However, a sponsor may only withhold up to a 5 percent 5-percent
284 administrative fee for enrollment for up to and including 250
285 500 students. For charter schools with a population of 251 501
286 or more students, the difference between the total
287 administrative fee calculation and the amount of the
288 administrative fee withheld may only be used for capital outlay
289 purposes specified in s. 1013.62(2).
290 3. In addition, a sponsor may withhold only up to a 5
291 percent administrative fee for enrollment for up to and
292 including 500 students within the system for a system of charter
293 schools which meets all of the following:
294 a. Includes both conversion charter schools and non
295 conversion charter schools;
296 b. All schools are located in the same municipality in the
297 same county;
298 c. Has a total enrollment exceeding the total enrollment of
299 at least one county school district in the state;
300 d. Has the same governing board; and
301 e. Does not contract with a for-profit service provider for
302 management of school operations.
303 4. The difference between the total administrative fee
304 calculation and the amount of the administrative fee withheld
305 for such system of charter schools may be used for instructional
306 and administrative purposes as well as for capital outlay
307 purposes specified in s. 1013.62(2).
308 5. Each charter school shall receive 100 percent of the
309 funds awarded to that school pursuant to s. 1012.225. Sponsors
310 shall not charge charter schools any additional fees or
311 surcharges for administrative and educational services in
312 addition to the maximum 5 percent 5-percent administrative fee
313 withheld pursuant to this paragraph.
314 Section 7. Paragraphs (a) and (f) of subsection (3) of
315 section 1002.37, Florida Statutes, are amended to read:
316 1002.37 The Florida Virtual School.—
317 (3) Funding for the Florida Virtual School shall be
318 provided as follows:
319 (a) A “full-time equivalent student” for the Florida
320 Virtual School is one student who has successfully completed six
321 credits that shall count toward the minimum number of credits
322 required for high school graduation. A student who completes
323 less than six credits shall be a fraction of a full-time
324 equivalent student. Half-credit completions shall be included in
325 determining a full-time equivalent student. Half-credits earned
326 by a student 20 weeks or more after beginning the course, and
327 credits earned by a student 40 weeks or more after beginning the
328 course, are not eligible to be funded and may not be reported.
329 Credit completed by a student in excess of the minimum required
330 for that student for high school graduation is not eligible for
331 funding.
332 (f) The Florida Virtual School shall receive funds for
333 operating purposes in an amount determined as follows: multiply
334 the maximum allowable nonvoted discretionary millage for
335 operations pursuant to s. 1011.71(1) and (3) by the value of 95
336 percent of the current year’s taxable value for school purposes
337 for the state; divide the result by the total full-time
338 equivalent membership of the state; and multiply the result by
339 the full-time equivalent membership of the school. The amount
340 thus obtained shall be discretionary operating funds and shall
341 be appropriated from state funds in the General Appropriations
342 Act.
343 Section 8. Paragraphs (a) and (b) of subsection (1),
344 paragraph (a) of subsection (2), and subsections (7) and (12) of
345 section 1002.45, Florida Statutes, are amended to read:
346 1002.45 School district virtual instruction programs.—
347 (1) PROGRAM.—
348 (a) For purposes of this section, the term:
349 1. “Approved provider” means a provider that is approved by
350 the Department of Education under subsection (2), the Florida
351 Virtual School, or a franchise of the Florida Virtual School, or
352 a public community college.
353 2. “Virtual instruction program” means a program of
354 instruction provided in an interactive learning environment
355 created through technology in which students are separated from
356 their teachers by time or space, or both, and in which a
357 Florida-certified teacher under chapter 1012 is responsible for
358 at least:
359 a. Fifty percent of the direct instruction to students in
360 kindergarten through grade 5; or
361 b. Eighty percent of the direct instruction to students in
362 grades 6 through 12.
363 (b) Beginning with the 2009-2010 school year, each school
364 district shall provide eligible students within its boundaries
365 the option of participating in a virtual instruction program.
366 The purpose of the program is to make instruction available to
367 students using online and distance learning technology in the
368 nontraditional classroom. The program shall be:
369 1. Full-time for students enrolled in kindergarten through
370 grade 12.
371 2. Full-time or part-time for students in grades 9 through
372 12 who are enrolled in dropout prevention and academic
373 intervention programs under s. 1003.53, or Department of
374 Juvenile Justice education programs under s. 1003.52, core
375 curricula courses to meet class size requirements, or community
376 colleges in grades 9 through 12.
377 (2) PROVIDER QUALIFICATIONS.—
378 (a) The department shall annually provide school districts
379 with a list of providers approved to offer virtual instruction
380 programs. To be approved by the department, a provider must
381 document that it:
382 1. Is nonsectarian in its programs, admission policies,
383 employment practices, and operations;
384 2. Complies with the antidiscrimination provisions of s.
385 1000.05;
386 3. Locates an administrative office or offices in this
387 state, requires its administrative staff to be state residents,
388 requires all instructional staff to be Florida-certified
389 teachers under chapter 1012, and conducts background screenings
390 for all employees or contracted personnel, as required by s.
391 1012.32, using state and national criminal history records;
392 4. Possesses prior, successful experience offering online
393 courses to elementary, middle, or high school students; and
394 5. Is accredited by the Southern Association of Colleges
395 and Schools Council on Accreditation and School Improvement, the
396 North Central Association Commission on Accreditation and School
397 Improvement, the Middle States Association of Colleges and
398 Schools Commission on Elementary Schools and Commission on
399 Secondary Schools, the New England Association of Schools and
400 Colleges, the Northwest Association of Accredited Schools, the
401 Western Association of Schools and Colleges, or the Commission
402 on International and Trans-Regional Accreditation; and.
403 6. If the provider is a community college, its instructors
404 meet the certification requirements for instructional staff.
405 (7) FUNDING.—
406 (a) For purposes of a school district virtual instruction
407 program, “full-time equivalent student” has the same meaning as
408 provided in s. 1011.61(1)(c)1.b.(III) or (IV).
409 (b) The school district in which the student resides shall
410 report full-time equivalent students for the school district
411 virtual instruction program to the department in a manner
412 prescribed by the department, and funding shall be provided
413 through the Florida Education Finance Program. Funds received by
414 the school district of residence for a student in a virtual
415 instruction program provided by another school district under
416 this section shall be transferred to the school district
417 providing the virtual instruction program.
418 (c) A community college provider may not report students
419 who are served in a school district virtual instruction program
420 for funding under the Community College Program Fund.
421 (12) STUDY.—The department shall review the advisability of
422 legislatively authorizing school districts to contract with
423 approved private providers for the provision of part-time
424 virtual instruction programs for students in grades 9 through 12
425 who are not enrolled in programs under ss. 1003.52 and 1003.53.
426 The department shall report its findings and recommendations to
427 the presiding officers of the Legislature and the Governor by
428 January 15, 2010.
429 Section 9. Paragraphs (c) and (f) of subsection (3) of
430 section 1002.55, Florida Statutes, are amended to read:
431 1002.55 School-year prekindergarten program delivered by
432 private prekindergarten providers.—
433 (3) To be eligible to deliver the prekindergarten program,
434 a private prekindergarten provider must meet each of the
435 following requirements:
436 (c) The private prekindergarten provider must have, for
437 each prekindergarten class composed of 12 children or fewer, at
438 least one prekindergarten instructor who meets each of the
439 following requirements:
440 1. The prekindergarten instructor must hold, at a minimum,
441 one of the following credentials:
442 a. A child development associate credential issued by the
443 National Credentialing Program of the Council for Professional
444 Recognition; or
445 b. A credential approved by the Department of Children and
446 Family Services as being equivalent to or greater than the
447 credential described in sub-subparagraph a.
448
449 The Department of Children and Family Services may adopt rules
450 under ss. 120.536(1) and 120.54 which provide criteria and
451 procedures for approving equivalent credentials under sub
452 subparagraph b.
453 2. The prekindergarten instructor must successfully
454 complete an emergent literacy training course approved by the
455 department as meeting or exceeding the minimum standards adopted
456 under s. 1002.59. This subparagraph does not apply to a
457 prekindergarten instructor who successfully completes approved
458 training in early literacy and language development under s.
459 402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
460 establishment of one or more emergent literacy training courses
461 under s. 1002.59 or April 1, 2005, whichever occurs later.
462 (f) Each of the private prekindergarten provider’s
463 prekindergarten classes must be composed of at least 4 students
464 but may not exceed 24 18 students. In order to protect the
465 health and safety of students, each private prekindergarten
466 provider must also provide appropriate adult supervision for
467 students at all times and, for each prekindergarten class
468 composed of 13 to 20 11 or more students, must have, in addition
469 to a prekindergarten instructor who meets the requirements of
470 paragraph (c), at least one adult prekindergarten instructor who
471 is not required to meet those requirements but who must meet
472 each requirement of paragraph (d). Each prekindergarten class
473 composed of 21 to 24 students must have an additional
474 prekindergarten instructor who meets the requirements of
475 paragraph (c). This paragraph does not supersede any requirement
476 imposed on a provider under ss. 402.301-402.319.
477 Section 10. Subsection (7) of section 1002.63, Florida
478 Statutes, is amended to read:
479 1002.63 School-year prekindergarten program delivered by
480 public schools.—
481 (7) Each prekindergarten class in a public school
482 delivering the school-year prekindergarten program must be
483 composed of at least 4 students but may not exceed 24 18
484 students. In order to protect the health and safety of students,
485 each school must also provide appropriate adult supervision for
486 students at all times and, for each prekindergarten class
487 composed of 13 to 20 11 or more students, must have, in addition
488 to a prekindergarten instructor who meets the requirements of s.
489 1002.55(3)(c), at least one adult prekindergarten instructor who
490 is not required to meet those requirements but who must meet
491 each requirement of subsection (5). Each prekindergarten class
492 composed of 21 to 24 students must have an additional
493 prekindergarten instructor who meets the requirements of
494 paragraph (c).
495 Section 11. Subsection (7) of section 1002.71, Florida
496 Statutes, is amended to read:
497 1002.71 Funding; financial and attendance reporting.—
498 (7) The Agency for Workforce Innovation shall require that
499 administrative expenditures be kept to the minimum necessary for
500 efficient and effective administration of the Voluntary
501 Prekindergarten Education Program. Administrative policies and
502 procedures shall be revised, to the maximum extent practicable,
503 to incorporate the use of automation and electronic submission
504 of forms, including those required for child eligibility and
505 enrollment, provider and class registration, and monthly
506 certification of attendance for payment. A school district may
507 use its automated daily attendance reporting system for the
508 purpose of transmitting attendance records to the early learning
509 coalition in a mutually agreed-upon format. In addition, actions
510 shall be taken to reduce paperwork, eliminate the duplication of
511 reports, and eliminate other duplicative activities. Beginning
512 with the 2010-2011 2008-2009 fiscal year, each early learning
513 coalition may retain and expend no more than 4.5 4.85 percent of
514 the funds paid by the coalition to private prekindergarten
515 providers and public schools under paragraph (5)(b). Funds
516 retained by an early learning coalition under this subsection
517 may be used only for administering the Voluntary Prekindergarten
518 Education Program and may not be used for the school readiness
519 program or other programs.
520 Section 12. Subsections (2), (3), and (4) of section
521 1003.03, Florida Statutes, are amended to read:
522 1003.03 Maximum class size.—
523 (2) IMPLEMENTATION.—The Department of Education shall
524 annually calculate class size measures defined in subsection (1)
525 based upon the October student membership survey, except that
526 the calculation for 2010-2011 shall be based on the February
527 student membership survey.
528 (a) Beginning with the 2003-2004 fiscal year, each school
529 district that is not in compliance with the maximums in
530 subsection (1) shall reduce the average number of students per
531 classroom in each of the following grade groupings:
532 prekindergarten through grade 3, grade 4 through grade 8, and
533 grade 9 through grade 12, by at least two students each year.
534 (b) Determination of the number of students per classroom
535 in paragraph (a) shall be calculated as follows:
536 1. For fiscal years 2003-2004 through 2005-2006, the
537 calculation for compliance for each of the 3 grade groupings
538 shall be the average at the district level.
539 2. For fiscal years 2006-2007 through 2009-2010, the
540 calculation for compliance for each of the 3 grade groupings
541 shall be the average at the school level.
542 3. For fiscal year 2010-2011 and thereafter, the
543 calculation for compliance shall be at the individual classroom
544 level.
545 4. For fiscal years 2006-2007 through 2009-2010 and
546 thereafter, each teacher assigned to any classroom shall be
547 included in the calculation for compliance.
548 (c) The Department of Education shall annually calculate
549 each of the three average class size measures defined in
550 paragraphs (a) and (b) based upon the October student membership
551 survey. For purposes of determining the baseline from which each
552 district’s average class size must be reduced for the 2003-2004
553 school year, the department shall use data from the February
554 2003 student membership survey updated to include classroom
555 identification numbers as required by the department.
556 (d) Prior to the adoption of the district school budget for
557 2004-2005, each district school board shall hold public hearings
558 to review school attendance zones in order to ensure maximum use
559 of facilities while minimizing the additional use of
560 transportation in order to comply with the two-student-per-year
561 reduction required in paragraph (a). School districts that meet
562 the constitutional class size maximums described in subsection
563 (1) are exempt from this requirement.
564 (3) IMPLEMENTATION OPTIONS.—District school boards must
565 consider, but are not limited to, implementing the following
566 items in order to meet the constitutional class size maximums
567 described in subsection (1) and the two-student-per-year
568 reduction required in subsection (2):
569 (a) Adopt policies to encourage qualified students to take
570 dual enrollment courses.
571 (b) Adopt policies to encourage students to take courses
572 from the Florida Virtual School and school district virtual
573 instruction programs.
574 (c)1. Repeal district school board policies that require
575 students to have more than 24 credits to graduate from high
576 school.
577 2. Adopt policies to allow students to graduate from high
578 school as soon as they pass the grade 10 FCAT and complete the
579 courses required for high school graduation.
580 (d) Use methods to maximize use of instructional staff,
581 such as changing required teaching loads and scheduling of
582 planning periods, deploying district employees that have
583 professional certification to the classroom, using adjunct
584 educators, or any other method not prohibited by law.
585 (e) Use innovative methods to reduce the cost of school
586 construction by using prototype school designs, using SMART
587 Schools designs, participating in the School Infrastructure
588 Thrift Program, or any other method not prohibited by law.
589 (f) Use joint-use facilities through partnerships with
590 community colleges, state universities, and private colleges and
591 universities. Joint-use facilities available for use as K-12
592 classrooms that do not meet the K-12 State Regulations for
593 Educational Facilities in the Florida Building Code may be used
594 at the discretion of the district school board provided that
595 such facilities meet all other health, life, safety, and fire
596 codes.
597 (g) Adopt alternative methods of class scheduling, such as
598 block scheduling.
599 (h) Redraw school attendance zones to maximize use of
600 facilities while minimizing the additional use of
601 transportation.
602 (i) Operate schools beyond the normal operating hours to
603 provide classes in the evening or operate more than one session
604 of school during the day.
605 (j) Use year-round schools and other nontraditional
606 calendars that do not adversely impact annual assessment of
607 student achievement.
608 (k) Review and consider amending any collective bargaining
609 contracts that hinder the implementation of class size
610 reduction.
611 (l) Use any other approach not prohibited by law.
612 (4) ACCOUNTABILITY.—
613 (a) 1. Beginning in the 2003-2004 fiscal year, if the
614 department determines for any year that a school district has
615 not reduced average class size as required in subsection (2) at
616 the time of the third FEFP calculation, the department shall
617 calculate an amount from the class size reduction operating
618 categorical which is proportionate to the amount of class size
619 reduction not accomplished. Upon verification of the
620 department’s calculation by the Florida Education Finance
621 Program Appropriation Allocation Conference and not later than
622 March 1 of each year, the Executive Office of the Governor shall
623 transfer undistributed funds equivalent to the calculated amount
624 from the district’s class size reduction operating categorical
625 to an approved fixed capital outlay appropriation for class size
626 reduction in the affected district pursuant to s. 216.292(2)(d).
627 The amount of funds transferred shall be the lesser of the
628 amount verified by the Florida Education Finance Program
629 Appropriation Allocation Conference or the undistributed balance
630 of the district’s class size reduction operating categorical.
631 2. In lieu of the transfer required by subparagraph 1., the
632 Commissioner of Education may recommend a budget amendment,
633 subject to approval by the Legislative Budget Commission, to
634 transfer an alternative amount of funds from the district’s
635 class size reduction operating categorical to its approved fixed
636 capital outlay account for class size reduction if the
637 commissioner finds that the State Board of Education has
638 reviewed evidence indicating that a district has been unable to
639 meet class size reduction requirements despite appropriate
640 effort to do so. The commissioner’s budget amendment must be
641 submitted to the Legislative Budget Commission by February 15 of
642 each year.
643 3. For the 2007-2008 fiscal year and thereafter, if in any
644 fiscal year funds from a district’s class size operating
645 categorical are required to be transferred to its fixed capital
646 outlay fund and the district’s class size operating categorical
647 allocation in the General Appropriations Act for that fiscal
648 year has been reduced by a subsequent appropriation, the
649 Commissioner of Education may recommend a 50-percent reduction
650 in the amount of the transfer.
651 (a)(b) Beginning in the 2010-2011 fiscal year and each year
652 thereafter, If the department determines that the number of
653 students assigned to any individual class exceed exceeds the
654 class size maximum, as required in subsection (1) (2), at the
655 time of the third FEFP calculation, except in 2010-2011 at the
656 time of the fourth calculation, the department shall:
657 1. Identify, for each grade group, the number of classes in
658 which the enrollment exceeds the maximum, the number of students
659 exceed which exceeds the maximum for each class, and the total
660 number of students that exceed which exceeds the maximum for all
661 classes.
662 2. Determine the number of full-time equivalent students
663 that exceed which exceeds the maximum class size for each grade
664 group.
665 3. Multiply the total number of FTE students that exceed
666 which exceeds the maximum class size for each grade group by the
667 district’s FTE dollar amount of the class-size-reduction
668 allocation for that year and calculate the total for all three
669 grade groups.
670 4. Multiply the total number of FTE students that exceed
671 the maximum for all classes by the amount of the base student
672 allocation adjusted by the district’s district cost
673 differential.
674 5.4. Reduce the district’s class-size-reduction operating
675 categorical allocation by an amount equal to the sum of the
676 calculations calculation in subparagraphs subparagraph 3. and 4.
677 The commissioner is authorized to withhold the distribution of
678 class size allocation reduction funds to the extent necessary to
679 comply with this section.
680 (b)(c) Upon verification of the department’s calculation by
681 the Florida Education Finance Program Appropriation Allocation
682 Conference and no later than March 1 of each year, the Executive
683 Office of the Governor shall place these funds in reserve, and
684 the undistributed funds shall revert to the General Revenue Fund
685 unallocated at the end of the fiscal year. The amount of funds
686 reduced shall be the lesser of the amount verified by the
687 Florida Education Finance Program Appropriation Allocation
688 Conference or the undistributed balance of the district’s class
689 size-reduction operating categorical allocation.
690 (c)(d) In lieu of the reduction calculation in paragraph
691 (a) (b), if the Commissioner of Education has evidence that a
692 district was unable to meet the class size requirements despite
693 appropriate efforts to do so or because of an extreme emergency,
694 he or she may recommend a budget amendment, subject to approval
695 of the Legislative Budget Commission, to reduce an alternative
696 amount of funds from the district’s class-size-reduction
697 operating categorical allocation. The commissioner’s budget
698 amendment must be submitted to the Legislative Budget Commission
699 by February 15 of each year.
700 (d) The March 1 and February 15 dates in paragraphs (b) and
701 (c) do not apply for the 2010-2011 fiscal year.
702 (e)In addition to the calculation required in paragraph
703 (a), at the time of the third FEFP calculation for the 2009-2010
704 fiscal year, the department shall also prepare a simulated
705 calculation based on the requirements in paragraphs (b) and (c).
706 This simulated calculation shall be provided to the school
707 districts and the Legislature.
708 Section 13. Effective upon approval by the electors of
709 Senate Joint Resolution 2 or House Joint Resolution 7039 in the
710 2010 General Election and retroactive to the beginning of the
711 2010-2011 school year, section 1003.03, Florida Statutes, is
712 amended to read:
713 1003.03 Maximum class size.—
714 (1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.—Pursuant to s. 1,
715 Art. IX of the State Constitution, beginning in the 2010-2011
716 school year:
717 (a) The average number of students at the school level
718 assigned to each teacher who is teaching core-curricula courses
719 in public school classrooms for prekindergarten through grade 3
720 may not exceed 18 students and the maximum number of students
721 assigned to a teacher in an individual class may not exceed 21
722 students.
723 (b) The average number of students at the school level
724 assigned to each teacher who is teaching core-curricula courses
725 in public school classrooms for grades 4 through 8 may not
726 exceed 22 students and the maximum number of students assigned
727 to a teacher in an individual class may not exceed 27 students.
728 (c) The average number of students at the school level
729 assigned to each teacher who is teaching core-curricula courses
730 in public school classrooms for grades 9 through 12 may not
731 exceed 25 students and the maximum number of students assigned
732 to a teacher in an individual class may not exceed 30 students.
733 (a) The maximum number of students assigned to each teacher
734 who is teaching core-curricula courses in public school
735 classrooms for prekindergarten through grade 3 may not exceed 18
736 students.
737 (b) The maximum number of students assigned to each teacher
738 who is teaching core-curricula courses in public school
739 classrooms for grades 4 through 8 may not exceed 22 students.
740 (c) The maximum number of students assigned to each teacher
741 who is teaching core-curricula courses in public school
742 classrooms for grades 9 through 12 may not exceed 25 students.
743 (2) IMPLEMENTATION.—The Department of Education shall
744 annually calculate class size as defined in subsection (1) based
745 upon the October student membership survey, except that the
746 calculation for the 2010-2011 school year shall be based on the
747 February student membership survey. The calculation for
748 compliance for each of the three grade groupings shall be the
749 number of students assigned to each teacher in an individual
750 class and the average number of students at the school level
751 assigned to each teacher. Each teacher assigned to any classroom
752 shall be included in the calculation for compliance.
753 (a) Beginning with the 2003-2004 fiscal year, each school
754 district that is not in compliance with the maximums in
755 subsection (1) shall reduce the average number of students per
756 classroom in each of the following grade groupings:
757 prekindergarten through grade 3, grade 4 through grade 8, and
758 grade 9 through grade 12, by at least two students each year.
759 (b) Determination of the number of students per classroom
760 in paragraph (a) shall be calculated as follows:
761 1. For fiscal years 2003-2004 through 2005-2006, the
762 calculation for compliance for each of the 3 grade groupings
763 shall be the average at the district level.
764 2. For fiscal years 2006-2007 through 2009-2010, the
765 calculation for compliance for each of the 3 grade groupings
766 shall be the average at the school level.
767 3. For fiscal year 2010-2011 and thereafter, the
768 calculation for compliance shall be at the individual classroom
769 level.
770 4. For fiscal years 2006-2007 through 2009-2010 and
771 thereafter, each teacher assigned to any classroom shall be
772 included in the calculation for compliance.
773 (c) The Department of Education shall annually calculate
774 each of the three average class size measures defined in
775 paragraphs (a) and (b) based upon the October student membership
776 survey. For purposes of determining the baseline from which each
777 district’s average class size must be reduced for the 2003-2004
778 school year, the department shall use data from the February
779 2003 student membership survey updated to include classroom
780 identification numbers as required by the department.
781 (d) Prior to the adoption of the district school budget for
782 2004-2005, each district school board shall hold public hearings
783 to review school attendance zones in order to ensure maximum use
784 of facilities while minimizing the additional use of
785 transportation in order to comply with the two-student-per-year
786 reduction required in paragraph (a). School districts that meet
787 the constitutional class size maximums described in subsection
788 (1) are exempt from this requirement.
789 (3) IMPLEMENTATION OPTIONS.—District school boards must
790 consider, but are not limited to, implementing the following
791 items in order to meet the constitutional class size maximums
792 described in subsection (1) and the two-student-per-year
793 reduction required in subsection (2):
794 (a) Adopt policies to encourage qualified students to take
795 dual enrollment courses.
796 (b) Adopt policies to encourage students to take courses
797 from the Florida Virtual School and school district virtual
798 instruction programs.
799 (c)1. Repeal district school board policies that require
800 students to have more than 24 credits to graduate from high
801 school.
802 2. Adopt policies to allow students to graduate from high
803 school as soon as they pass the grade 10 FCAT and complete the
804 courses required for high school graduation.
805 (d) Use methods to maximize use of instructional staff,
806 such as changing required teaching loads and scheduling of
807 planning periods, deploying district employees that have
808 professional certification to the classroom, using adjunct
809 educators, or any other method not prohibited by law.
810 (e) Use innovative methods to reduce the cost of school
811 construction by using prototype school designs, using SMART
812 Schools designs, participating in the School Infrastructure
813 Thrift Program, or any other method not prohibited by law.
814 (f) Use joint-use facilities through partnerships with
815 community colleges, state universities, and private colleges and
816 universities. Joint-use facilities available for use as K-12
817 classrooms that do not meet the K-12 State Regulations for
818 Educational Facilities in the Florida Building Code may be used
819 at the discretion of the district school board provided that
820 such facilities meet all other health, life, safety, and fire
821 codes.
822 (g) Adopt alternative methods of class scheduling, such as
823 block scheduling.
824 (h) Redraw school attendance zones to maximize use of
825 facilities while minimizing the additional use of
826 transportation.
827 (i) Operate schools beyond the normal operating hours to
828 provide classes in the evening or operate more than one session
829 of school during the day.
830 (j) Use year-round schools and other nontraditional
831 calendars that do not adversely impact annual assessment of
832 student achievement.
833 (k) Review and consider amending any collective bargaining
834 contracts that hinder the implementation of class size
835 reduction.
836 (l) Use any other approach not prohibited by law.
837 (4) ACCOUNTABILITY.—
838 (a) If the department determines that the number of
839 students assigned to any individual class exceeds the classroom
840 maximum, or if the department determines that the school average
841 is greater than the school level maximum, the department shall
842 identify for each of three grade groups:
843 1. The number of FTE students in an individual classroom
844 that are greater than the classroom maximum and the number of
845 FTE students that are greater than the school level average, not
846 including the number of FTE that are greater than the classroom
847 maximum.
848 2. Multiply the total number of FTE students as calculated
849 in subparagraph 1. which exceed the maximum class size for each
850 grade group by the district’s FTE dollar amount of the class
851 size-reduction allocation for that year and calculate the total
852 dollar amount for all three grade groups.
853 3. Multiply the total number of FTE students as calculated
854 in subparagraph 1. which exceed the maximum by the amount of the
855 base student allocation adjusted by the district cost
856 differential.
857 4. Reduce the district’s class-size-reduction operating
858 categorical allocation by an amount equal to the sum of the
859 calculations in subparagraphs 2. and 3. The commissioner is
860 authorized to withhold the distribution of class size reduction
861 allocation funds to the extent necessary to comply with this
862 section.
863 (a)1. Beginning in the 2003-2004 fiscal year, if the
864 department determines for any year that a school district has
865 not reduced average class size as required in subsection (2) at
866 the time of the third FEFP calculation, the department shall
867 calculate an amount from the class size reduction operating
868 categorical which is proportionate to the amount of class size
869 reduction not accomplished. Upon verification of the
870 department’s calculation by the Florida Education Finance
871 Program Appropriation Allocation Conference and not later than
872 March 1 of each year, the Executive Office of the Governor shall
873 transfer undistributed funds equivalent to the calculated amount
874 from the district’s class size reduction operating categorical
875 to an approved fixed capital outlay appropriation for class size
876 reduction in the affected district pursuant to s. 216.292(2)(d).
877 The amount of funds transferred shall be the lesser of the
878 amount verified by the Florida Education Finance Program
879 Appropriation Allocation Conference or the undistributed balance
880 of the district’s class size reduction operating categorical.
881 2. In lieu of the transfer required by subparagraph 1., the
882 Commissioner of Education may recommend a budget amendment,
883 subject to approval by the Legislative Budget Commission, to
884 transfer an alternative amount of funds from the district’s
885 class size reduction operating categorical to its approved fixed
886 capital outlay account for class size reduction if the
887 commissioner finds that the State Board of Education has
888 reviewed evidence indicating that a district has been unable to
889 meet class size reduction requirements despite appropriate
890 effort to do so. The commissioner’s budget amendment must be
891 submitted to the Legislative Budget Commission by February 15 of
892 each year.
893 3. For the 2007-2008 fiscal year and thereafter, if in any
894 fiscal year funds from a district’s class size operating
895 categorical are required to be transferred to its fixed capital
896 outlay fund and the district’s class size operating categorical
897 allocation in the General Appropriations Act for that fiscal
898 year has been reduced by a subsequent appropriation, the
899 Commissioner of Education may recommend a 50-percent reduction
900 in the amount of the transfer.
901 (b)(c) Upon verification of the department’s calculation by
902 the Florida Education Finance Program Appropriation Allocation
903 Conference and no later than March 1 of each year, the Executive
904 Office of the Governor shall place these funds in reserve, and
905 the undistributed funds shall revert to the General Revenue Fund
906 unallocated at the end of the fiscal year. The amount of funds
907 reduced shall be the lesser of the amount verified by the
908 Florida Education Finance Program Appropriation Allocation
909 Conference or the undistributed balance of the district’s class
910 size-reduction operating categorical allocation.
911 (c)(d) In lieu of the reduction calculation in paragraph
912 (a) (b), if the Commissioner of Education has evidence that a
913 district has been unable to meet the class size requirements
914 despite appropriate efforts to do so or because of an extreme
915 emergency, he or she may recommend a budget amendment, subject
916 to approval of the Legislative Budget Commission, to reduce an
917 alternative amount of funds from the district’s class-size
918 reduction operating categorical allocation. The commissioner’s
919 budget amendment must be submitted to the Legislative Budget
920 Commission by February 15 of each year.
921 (d) The March 1 and February 15 dates in paragraphs (b) and
922 (c) do not apply for the 2010-2011 fiscal year.
923 (e) In addition to the calculation required in paragraph
924 (a), at the time of the third FEFP calculation for the 2009-2010
925 fiscal year, the department shall also prepare a simulated
926 calculation based on the requirements in paragraphs (b) and (c).
927 This simulated calculation shall be provided to the school
928 districts and the Legislature.
929 (5) TEAM-TEACHING STRATEGIES.—
930 (a) School districts may use teaching strategies that
931 include the assignment of more than one teacher to a classroom
932 of students and that were implemented before July 1, 2005.
933 Effective July 1, 2005, school districts may implement
934 additional teaching strategies that include the assignment of
935 more than one teacher to a classroom of students for the
936 following purposes only:
937 1. Pairing teachers for the purpose of staff development.
938 2. Pairing new teachers with veteran teachers.
939 3. Reducing turnover among new teachers.
940 4. Pairing teachers who are teaching out-of-field with
941 teachers who are in-field.
942 5. Providing for more flexibility and innovation in the
943 classroom.
944 6. Improving learning opportunities for students, including
945 students who have disabilities.
946 (b) Teaching strategies, including team teaching, co
947 teaching, or inclusion teaching, implemented on or after July 1,
948 2005, pursuant to paragraph (a) may be implemented subject to
949 the following restrictions:
950 1. Reasonable limits shall be placed on the number of
951 students in a classroom so that classrooms are not overcrowded.
952 Teacher-to-student ratios within a curriculum area or grade
953 level must not exceed constitutional limits.
954 2. At least one member of the team must have at least 3
955 years of teaching experience.
956 3. At least one member of the team must be teaching in
957 field.
958 4. The teachers must be trained in team-teaching methods
959 within 1 year after assignment.
960 (c) As used in this subsection, the term:
961 1. “Team teaching” or “co-teaching” means two or more
962 teachers are assigned to a group of students and each teacher is
963 responsible for all of the students during the entire class
964 period. In order to be considered team teaching or co-teaching,
965 each teacher is responsible for planning, delivering, and
966 evaluating instruction for all students in the class or subject
967 for the entire class period.
968 2. “Inclusion teaching” means two or more teachers are
969 assigned to a group of students, but one of the teachers is
970 responsible for only one student or a small group of students in
971 the classroom.
972
973 The use of strategies implemented as outlined in this subsection
974 meets the letter and intent of the Florida Constitution and the
975 Florida Statutes which relate to implementing class size
976 reduction, and this subsection applies retroactively. A school
977 district may not be penalized financially or otherwise as a
978 result of the use of any legal strategy, including, but not
979 limited to, those set forth in subsection (3) and this
980 subsection.
981 Section 14. Subsection (2) of section 1003.492, Florida
982 Statutes, is amended to read:
983 1003.492 Industry-certified career education programs.—
984 (2) The State Board of Education shall use the expertise of
985 Workforce Florida, Inc., and Enterprise Florida, Inc., to
986 develop and adopt rules pursuant to ss. 120.536(1) and 120.54
987 for implementing an industry certification process. Industry
988 certification shall be defined by the Agency for Workforce
989 Innovation, based upon the highest available national standards
990 for specific industry certification, to ensure student skill
991 proficiency and to address emerging labor market and industry
992 trends. A regional workforce board or a career and professional
993 academy may apply to Workforce Florida, Inc., to request
994 additions to the approved list of industry certifications based
995 on high-demand job requirements in the regional economy. The
996 list of industry certifications approved by Workforce Florida,
997 Inc., and the Department of Education shall be published and
998 updated annually by a date certain, to be included in the
999 adopted rule.
1000 Section 15. Subsection (1) of section 1006.28, Florida
1001 Statutes, is amended to read:
1002 1006.28 Duties of district school board, district school
1003 superintendent; and school principal regarding K-12
1004 instructional materials.—
1005 (1) DISTRICT SCHOOL BOARD.—The district school board has
1006 the duty to provide adequate instructional materials for all
1007 students in accordance with the requirements of this part. The
1008 term “adequate instructional materials” means a sufficient
1009 number of textbooks or sets of materials that are available in
1010 bound, unbound, kit, or package form and may consist of hard
1011 backed or soft-backed textbooks, electronic content,
1012 consumables, learning laboratories, manipulatives, electronic
1013 media, and computer courseware or software that serve as the
1014 basis for instruction for each student in the core courses of
1015 mathematics, language arts, social studies, science, reading,
1016 and literature, except for instruction for which the school
1017 advisory council approves the use of a program that does not
1018 include a textbook as a major tool of instruction. The district
1019 school board has the following specific duties:
1020 (a) Courses of study; adoption.—Adopt courses of study for
1021 use in the schools of the district.
1022 (b) Textbooks.—Provide for proper requisitioning,
1023 distribution, accounting, storage, care, and use of all
1024 instructional materials furnished by the state and furnish such
1025 other instructional materials as may be needed. The district
1026 school board shall assure that instructional materials used in
1027 the district are consistent with the district goals and
1028 objectives and the curriculum frameworks adopted by rule of the
1029 State Board of Education, as well as with the state and district
1030 performance standards provided for in s. 1001.03(1).
1031 (c) Other instructional materials.—Provide such other
1032 teaching accessories and aids as are needed for the school
1033 district’s educational program.
1034 (d) School library media services; establishment and
1035 maintenance.—Establish and maintain a program of school library
1036 media services for all public schools in the district, including
1037 school library media centers, or school library media centers
1038 open to the public, and, in addition such traveling or
1039 circulating libraries as may be needed for the proper operation
1040 of the district school system.
1041 Section 16. Section 1006.281, Florida Statutes, is created
1042 to read:
1043 1006.281 Learning management systems.—
1044 (1) To ensure that all school districts have equitable
1045 access to digitally rich instructional materials, districts are
1046 encouraged to provide access to an electronic learning
1047 management system that allows teachers, students, and parents to
1048 access, organize, and use electronically available instructional
1049 materials and teaching and learning tools and resources, and
1050 that enables teachers to manage, assess, and track student
1051 learning.
1052 (2) To the extent fiscally and technologically feasible, a
1053 school district’s electronic learning management system should
1054 allow for a single, authenticated sign-on and include the
1055 following functionality:
1056 (a) Vertically searches for, gathers, and organizes
1057 specific standards-based instructional materials.
1058 (b) Enables teachers to prepare lessons, individualize
1059 student instruction, and use best practices in providing
1060 instruction.
1061 (c) Provides communication, including access to up-to-date
1062 student performance data, in order to help teachers and parents
1063 better serve the needs of students.
1064 (d) Provides access for administrators to ensure quality of
1065 instruction within every classroom.
1066 (e) Provides access to multiple content providers.
1067 (3) The Department of Education shall provide assistance as
1068 requested by school districts in their deployment of a district
1069 electronic learning management system.
1070 Section 17. Subsection (4) of section 1006.29, Florida
1071 Statutes, is amended to read:
1072 1006.29 State instructional materials committees.—
1073 (4) For purposes of state adoption, “instructional
1074 materials” means items having intellectual content that by
1075 design serve as a major tool for assisting in the instruction of
1076 a subject or course. These items may be available in bound,
1077 unbound, kit, or package form and may consist of hardbacked or
1078 softbacked textbooks, electronic content, consumables, learning
1079 laboratories, manipulatives, electronic media, and computer
1080 courseware or software. The term does not include electronic or
1081 computer hardware even if such hardware is bundled with software
1082 or other electronic media, nor does it include equipment or
1083 supplies. A publisher or manufacturer providing instructional
1084 materials as a single bundle shall also make the instructional
1085 materials available as separate and unbundled items, each priced
1086 individually. Any instructional materials adopted after 2012
1087 2013 for students in grades 9 through 12 shall be provided
1088 primarily in an electronic format.
1089 Section 18. Paragraph (b) of subsection (1) of section
1090 1006.33, Florida Statutes, is amended to read:
1091 1006.33 Bids or proposals; advertisement and its contents.—
1092 (1)
1093 (b) The advertisement shall state that, beginning in 2010
1094 2011, each bidder shall furnish electronic specimen copies of
1095 all instructional materials submitted, at a time designated by
1096 the department, which specimen copies shall be identical with
1097 the copies approved and accepted by the members of the state
1098 instructional materials committee, as prescribed in this
1099 section, and with the copies furnished to the department and
1100 district school superintendents, as provided in this part. Any
1101 district school superintendent who requires samples in addition
1102 to the electronic format must request those samples through the
1103 department.
1104 Section 19. Paragraph (a) of subsection (3) and subsection
1105 (4) of section 1006.40, Florida Statutes, are amended to read:
1106 (3)(a) Each district school board shall use the annual
1107 allocation for the purchase of instructional materials included
1108 on the state-adopted list, except as otherwise authorized in
1109 paragraphs (b) and (c). No less than 50 percent of the annual
1110 allocation shall be used to purchase items which will be used to
1111 provide instruction to students at the level or levels for which
1112 the materials are designed. Beginning with the 2012-2013 fiscal
1113 year, not less than 10 percent of the annual allocation shall be
1114 used to purchase items for which the major tool of instruction
1115 is used electronically.
1116 (4) The funds described in subsection (3) which district
1117 school boards may use to purchase materials not on the state
1118 adopted list shall be used for the purchase of instructional
1119 materials or other items having intellectual content which
1120 assist in the instruction of a subject or course. These items
1121 may be available in bound, unbound, kit, or package form and may
1122 consist of hardbacked or softbacked textbooks, electronic
1123 content, replacements for items which were part of previously
1124 purchased instructional materials, consumables, learning
1125 laboratories, manipulatives, electronic media, computer
1126 courseware or software, and other commonly accepted
1127 instructional tools as prescribed by district school board rule.
1128 The funds available to district school boards for the purchase
1129 of materials not on the state-adopted list may not be used to
1130 purchase electronic or computer hardware even if such hardware
1131 is bundled with software or other electronic media, nor may such
1132 funds be used to purchase equipment or supplies. However, when
1133 authorized to do so in the General Appropriations Act, a school
1134 or district school board may use a portion of the funds
1135 available to it for the purchase of materials not on the state
1136 adopted list to purchase science laboratory materials and
1137 supplies.
1138 Section 20. Subsection (1) of section 1007.27, Florida
1139 Statutes, is amended to read:
1140 1007.27 Articulated acceleration mechanisms.—
1141 (1) It is the intent of the Legislature that a variety of
1142 articulated acceleration mechanisms be available for secondary
1143 and postsecondary students attending public educational
1144 institutions. It is intended that articulated acceleration serve
1145 to shorten the time necessary for a student to complete the
1146 requirements associated with the conference of a high school
1147 diploma and a postsecondary degree, broaden the scope of
1148 curricular options available to students, or increase the depth
1149 of study available for a particular subject. Articulated
1150 acceleration mechanisms shall include, but not be limited to,
1151 dual enrollment as provided for in s. 1007.271, early admission,
1152 advanced placement, credit by examination, the International
1153 Baccalaureate Program, and the Advanced International
1154 Certificate of Education Program. Credit earned through the
1155 Florida Virtual School shall provide additional opportunities
1156 for early graduation and acceleration. Students of Florida
1157 public secondary schools enrolled pursuant to this subsection
1158 shall be deemed authorized users of the state-funded electronic
1159 library resources that are licensed for public colleges and
1160 universities by the Florida Center for Library Automation and
1161 the College Center for Library Automation. Verification of
1162 eligibility shall be in accordance with rules established by the
1163 State Board of Education and the Board of Governors and
1164 processes implemented by public colleges and universities.
1165 Section 21. Paragraph (c) of subsection (3) of section
1166 1008.34, Florida Statutes, is amended to read:
1167 1008.34 School grading system; school report cards;
1168 district grade.—
1169 (3) DESIGNATION OF SCHOOL GRADES.—
1170 (c) Student assessment data used in determining school
1171 grades shall include:
1172 1. The aggregate scores of all eligible students enrolled
1173 in the school who have been assessed on the FCAT.
1174 2. The aggregate scores of all eligible students enrolled
1175 in the school who have been assessed on the FCAT and who have
1176 scored at or in the lowest 25th percentile of students in the
1177 school in reading, mathematics, or writing, unless these
1178 students are exhibiting satisfactory performance.
1179 3. Effective with the 2005-2006 school year, the
1180 achievement scores and learning gains of eligible students
1181 attending alternative schools that provide dropout prevention
1182 and academic intervention services pursuant to s. 1003.53. The
1183 term “eligible students” in this subparagraph does not include
1184 students attending an alternative school who are subject to
1185 district school board policies for expulsion for repeated or
1186 serious offenses, who are in dropout retrieval programs serving
1187 students who have officially been designated as dropouts, or who
1188 are in programs operated or contracted by the Department of
1189 Juvenile Justice. The student performance data for eligible
1190 students identified in this subparagraph shall be included in
1191 the calculation of the home school’s grade. As used in this
1192 section and s. 1008.341, the term “home school” means the school
1193 to which the student would be assigned if the student were not
1194 assigned to an alternative school. If an alternative school
1195 chooses to be graded under this section, student performance
1196 data for eligible students identified in this subparagraph shall
1197 not be included in the home school’s grade but shall be included
1198 only in the calculation of the alternative school’s grade. A
1199 school district that fails to assign the FCAT scores of each of
1200 its students to his or her home school or to the alternative
1201 school that receives a grade shall forfeit Florida School
1202 Recognition Program funds for 1 fiscal year. School districts
1203 must require collaboration between the home school and the
1204 alternative school in order to promote student success. This
1205 collaboration must include an annual discussion between the
1206 principal of the alternative school and the principal of each
1207 student’s home school concerning the most appropriate school
1208 assignment of the student.
1209 4. Beginning with the 2009-2010 school year for schools
1210 comprised of high school grades 9, 10, 11, and 12, or grades 10,
1211 11, and 12, the data listed in subparagraphs 1.-3. and the
1212 following data as the Department of Education determines such
1213 data are valid and available:
1214 a. The high school graduation rate of the school as
1215 calculated by the Department of Education;
1216 b. The successful completion participation rate of all
1217 eligible students enrolled in the school and enrolled in College
1218 Board Advanced Placement courses; International Baccalaureate
1219 courses; dual enrollment courses; Advanced International
1220 Certificate of Education courses; and courses or sequence of
1221 courses leading to industry certification, as determined by the
1222 Agency for Workforce Innovation under s. 1003.492(2) in a career
1223 and professional academy, as described in s. 1003.493;
1224 c. The aggregate scores of all eligible students enrolled
1225 in the school in College Board Advanced Placement courses,
1226 International Baccalaureate courses, and Advanced International
1227 Certificate of Education courses;
1228 d. Earning of college credit by all eligible students
1229 enrolled in the school in dual enrollment programs under s.
1230 1007.271;
1231 e. Earning of an industry certification, as determined by
1232 the Agency for Workforce Innovation under s. 1003.492(2) in a
1233 career and professional academy, as described in s. 1003.493;
1234 f. The aggregate scores of all eligible students enrolled
1235 in the school in reading, mathematics, and other subjects as
1236 measured by the SAT, the ACT, and the common placement test for
1237 postsecondary readiness;
1238 g. The high school graduation rate of all eligible at-risk
1239 students enrolled in the school who scored at Level 2 or lower
1240 on the grade 8 FCAT Reading and Mathematics examinations;
1241 h. The performance of the school’s students on statewide
1242 standardized end-of-course assessments administered under s.
1243 1008.22; and
1244 i. The growth or decline in the data components listed in
1245 sub-subparagraphs a.-h. from year to year.
1246
1247 The State Board of Education shall adopt appropriate criteria
1248 for each school grade. The criteria must also give added weight
1249 to student achievement in reading. Schools designated with a
1250 grade of “C,” making satisfactory progress, shall be required to
1251 demonstrate that adequate progress has been made by students in
1252 the school who are in the lowest 25th percentile in reading,
1253 mathematics, or writing on the FCAT, unless these students are
1254 exhibiting satisfactory performance. Beginning with the 2009
1255 2010 school year for schools comprised of high school grades 9,
1256 10, 11, and 12, or grades 10, 11, and 12, the criteria for
1257 school grades must also give added weight to the graduation rate
1258 of all eligible at-risk students, as defined in this paragraph.
1259 Beginning in the 2009-2010 school year, in order for a high
1260 school to be designated as having a grade of “A,” making
1261 excellent progress, the school must demonstrate that at-risk
1262 students, as defined in this paragraph, in the school are making
1263 adequate progress.
1264 Section 22. Section 1011.03, Florida Statutes, is amended
1265 to read:
1266 1011.03 Public hearings; budget to be submitted to
1267 Department of Education.—
1268 (1) Each district school board must cause a summary of its
1269 tentative budget, including the proposed millage levies as
1270 provided for by law, and graphs illustrating a historical
1271 summary of financial and demographic data, to be posted online
1272 and advertised at least one time as a full-page advertisement in
1273 a the newspaper of general with the largest circulation
1274 published in the district or to be posted at the courthouse door
1275 if there be no such newspaper.
1276 (2)(a) The advertisement must include a graph illustrating
1277 the historical summary of financial and demographic data for
1278 each of the following data values which shall be plotted along
1279 the vertical axis of each graph:
1280 1. Total revenue provided to the school district from all
1281 sources for the corresponding fiscal year, including all
1282 federal, state, and local revenue.
1283 2. Total revenue provided to the school district for the
1284 corresponding fiscal year for current operations.
1285 3. Total revenue provided to the school district for the
1286 corresponding fiscal year for fixed capital outlay projects.
1287 4. Total revenue provided to the school district for the
1288 corresponding fiscal year for debt service.
1289 5. Total number of unweighted full-time equivalent
1290 students, inclusive of all programs listed in s. 1011.62.
1291 6. Total revenue provided to the school district for
1292 current operations divided by the number of unweighted full-time
1293 equivalent students for the corresponding fiscal year.
1294 7. Total number of employees of the school district for the
1295 corresponding fiscal year.
1296 8. Total number of employees of the school district
1297 classified as instructional personnel under s. 1012.01 for the
1298 corresponding fiscal year.
1299 (b) Each graph must include a separate histogram
1300 corresponding to the financial and demographic data for each of
1301 the following fiscal years, which shall be plotted along the
1302 horizontal axis of each graph:
1303 1. Current fiscal year.
1304 2. Fiscal year that is 5 years before the current fiscal
1305 year.
1306 3. Fiscal year that is 10 years before the current fiscal
1307 year.
1308 (c) The numeric value of the financial and demographic data
1309 corresponding to each histogram must be included in each graph.
1310 (2)(3) The advertisement of a district that has been
1311 required by the Legislature to increase classroom expenditures
1312 pursuant to s. 1011.64 must include the following statement:
1313
1314 “This proposed budget reflects an increase in classroom
1315 expenditures as a percent of total current operating
1316 expenditures of XX percent over the (previous fiscal year)
1317 fiscal year. This increase in classroom expenditures is required
1318 by the Legislature because the district has performed below the
1319 required performance standard on XX of XX student performance
1320 standards for the (previous school year) school year. In order
1321 to achieve the legislatively required level of classroom
1322 expenditures as a percentage of total operating expenditures,
1323 the proposed budget includes an increase in overall classroom
1324 expenditures of $XX,XXX,XXX above the amount spent for this same
1325 purpose during the (previous fiscal year) fiscal year. In order
1326 to achieve improved student academic performance, this proposed
1327 increase is being budgeted for the following activities:
1328 ...(list activities and amount budgeted)....”
1329 (3)(4) The advertisement shall appear adjacent to the
1330 advertisement required pursuant to s. 200.065. The State Board
1331 of Education may adopt rules necessary to provide specific
1332 requirements for the format of the advertisement.
1333 (4)(5) The board shall hold public hearings to adopt
1334 tentative and final budgets pursuant to s. 200.065. The hearings
1335 shall be primarily for the purpose of hearing requests and
1336 complaints from the public regarding the budgets and the
1337 proposed tax levies and for explaining the budget and proposed
1338 or adopted amendments thereto, if any. The district school board
1339 shall then require the superintendent to transmit forthwith two
1340 copies of the adopted budget to the Department of Education for
1341 approval as prescribed by law and rules of the State Board of
1342 Education.
1343 Section 23. Subsection (2) of section 1011.60, Florida
1344 Statutes, is amended to read:
1345 1011.60 Minimum requirements of the Florida Education
1346 Finance Program.—Each district which participates in the state
1347 appropriations for the Florida Education Finance Program shall
1348 provide evidence of its effort to maintain an adequate school
1349 program throughout the district and shall meet at least the
1350 following requirements:
1351 (2) MINIMUM TERM.—Operate all schools for a term of 180
1352 actual teaching days or the equivalent on an hourly basis as
1353 specified by rules of the State Board of Education each school
1354 year. The State Board of Education may prescribe procedures for
1355 altering, and, upon written application, may alter, this
1356 requirement during a national, state, or local emergency as it
1357 may apply to an individual school or schools in any district or
1358 districts if, in the opinion of the board, it is not feasible to
1359 make up lost days or hours, and the apportionment may, at the
1360 discretion of the Commissioner of Education and if the board
1361 determines that the reduction of school days or hours is caused
1362 by the existence of a bona fide emergency, be reduced for such
1363 district or districts in proportion to the decrease in the
1364 length of term in any such school or schools. A strike, as
1365 defined in s. 447.203(6), by employees of the school district
1366 may not be considered an emergency.
1367 Section 24. Paragraphs (m), (n), (o), (p), and (q) of
1368 subsection (1), paragraph (b) of subsection (6), paragraph (d)
1369 of subsection (7), and paragraph (a) of subsection (12) of
1370 section 1011.62, Florida Statutes, are amended to read:
1371 1011.62 Funds for operation of schools.—If the annual
1372 allocation from the Florida Education Finance Program to each
1373 district for operation of schools is not determined in the
1374 annual appropriations act or the substantive bill implementing
1375 the annual appropriations act, it shall be determined as
1376 follows:
1377 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1378 OPERATION.—The following procedure shall be followed in
1379 determining the annual allocation to each district for
1380 operation:
1381 (m) Calculation of additional full-time equivalent
1382 membership based on international baccalaureate examination
1383 scores of students.—A value of 0.1 0.16 full-time equivalent
1384 student membership shall be calculated for each student enrolled
1385 in an international baccalaureate course who receives a score of
1386 4 or higher on a subject examination. A value of 0.3 full-time
1387 equivalent student membership shall be calculated for each
1388 student who receives an international baccalaureate diploma.
1389 Such value shall be added to the total full-time equivalent
1390 student membership in basic programs for grades 9 through 12 in
1391 the subsequent fiscal year. The school district shall distribute
1392 to each classroom teacher who provided international
1393 baccalaureate instruction:
1394 1. A bonus in the amount of $25 $50 for each student taught
1395 by the International Baccalaureate teacher in each international
1396 baccalaureate course who receives a score of 4 or higher on the
1397 international baccalaureate examination.
1398 2. An additional bonus of $250 $500 to each International
1399 Baccalaureate teacher in a school designated with a grade of “D”
1400 or “F” who has at least one student scoring 4 or higher on the
1401 international baccalaureate examination, regardless of the
1402 number of classes taught or of the number of students scoring a
1403 4 or higher on the international baccalaureate examination.
1404
1405 Bonuses awarded to a teacher according to this paragraph shall
1406 not exceed $1,000 $2,000 in any given school year and shall be
1407 in addition to any regular wage or other bonus the teacher
1408 received or is scheduled to receive.
1409 (n) Calculation of additional full-time equivalent
1410 membership based on Advanced International Certificate of
1411 Education examination scores of students.—A value of 0.1 0.16
1412 full-time equivalent student membership shall be calculated for
1413 each student enrolled in a full-credit Advanced International
1414 Certificate of Education course who receives a score of E or
1415 higher on a subject examination. A value of 0.05 0.08 full-time
1416 equivalent student membership shall be calculated for each
1417 student enrolled in a half-credit Advanced International
1418 Certificate of Education course who receives a score of E or
1419 higher on a subject examination. A value of 0.3 full-time
1420 equivalent student membership shall be calculated for each
1421 student who receives an Advanced International Certificate of
1422 Education diploma. Such value shall be added to the total full
1423 time equivalent student membership in basic programs for grades
1424 9 through 12 in the subsequent fiscal year. The school district
1425 shall distribute to each classroom teacher who provided Advanced
1426 International Certificate of Education instruction:
1427 1. A bonus in the amount of $25 $50 for each student taught
1428 by the Advanced International Certificate of Education teacher
1429 in each full-credit Advanced International Certificate of
1430 Education course who receives a score of E or higher on the
1431 Advanced International Certificate of Education examination. A
1432 bonus in the amount of $12.50 $25 for each student taught by the
1433 Advanced International Certificate of Education teacher in each
1434 half-credit Advanced International Certificate of Education
1435 course who receives a score of E or higher on the Advanced
1436 International Certificate of Education examination.
1437 2. An additional bonus of $250 $500 to each Advanced
1438 International Certificate of Education teacher in a school
1439 designated with a grade of “D” or “F” who has at least one
1440 student scoring E or higher on the full-credit Advanced
1441 International Certificate of Education examination, regardless
1442 of the number of classes taught or of the number of students
1443 scoring an E or higher on the full-credit Advanced International
1444 Certificate of Education examination.
1445 3. Additional bonuses of $125 $250 each to teachers of
1446 half-credit Advanced International Certificate of Education
1447 classes in a school designated with a grade of “D” or “F” which
1448 has at least one student scoring an E or higher on the half
1449 credit Advanced International Certificate of Education
1450 examination in that class. The maximum additional bonus for a
1451 teacher awarded in accordance with this subparagraph shall not
1452 exceed $250 $500 in any given school year. Teachers receiving an
1453 award under subparagraph 2. are not eligible for a bonus under
1454 this subparagraph.
1455
1456 Bonuses awarded to a teacher according to this paragraph shall
1457 not exceed $1,000 $2,000 in any given school year and shall be
1458 in addition to any regular wage or other bonus the teacher
1459 received or is scheduled to receive.
1460 (o) Calculation of additional full-time equivalent
1461 membership based on college board advanced placement scores of
1462 students.—A value of 0.1 0.16 full-time equivalent student
1463 membership shall be calculated for each student in each advanced
1464 placement course who receives a score of 3 or higher on the
1465 College Board Advanced Placement Examination for the prior year
1466 and added to the total full-time equivalent student membership
1467 in basic programs for grades 9 through 12 in the subsequent
1468 fiscal year. A student who receives a score of 3 or higher and
1469 did not take the advanced placement course is not eligible for
1470 the 0.1 FTE membership. Each district must allocate at least 80
1471 percent of the funds provided to the district for advanced
1472 placement instruction, in accordance with this paragraph, to the
1473 high school that generates the funds. The school district shall
1474 distribute to each classroom teacher who provided advanced
1475 placement instruction:
1476 1. A bonus in the amount of $25 $50 for each student taught
1477 by the Advanced Placement teacher in each advanced placement
1478 course who receives a score of 3 or higher on the College Board
1479 Advanced Placement Examination.
1480 2. An additional bonus of $250 $500 to each Advanced
1481 Placement teacher in a school designated with a grade of “D” or
1482 “F” who has at least one student scoring 3 or higher on the
1483 College Board Advanced Placement Examination, regardless of the
1484 number of classes taught or of the number of students scoring a
1485 3 or higher on the College Board Advanced Placement Examination.
1486
1487 Bonuses awarded to a teacher according to this paragraph shall
1488 not exceed $1,000 $2,000 in any given school year and shall be
1489 in addition to any regular wage or other bonus the teacher
1490 received or is scheduled to receive.
1491 (p) Calculation of additional full-time equivalent
1492 membership based on certification of successful completion of
1493 industry-certified career and professional academy programs
1494 pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
1495 in the Industry Certified Funding List pursuant to rules adopted
1496 by the State Board of Education.—A value of 0.3 full-time
1497 equivalent student membership shall be calculated for each
1498 student who completes an industry-certified career and
1499 professional academy program under ss. 1003.491, 1003.492, and
1500 1003.493 and who is issued the highest level of industry
1501 certification identified annually in the Industry Certification
1502 Funding List approved under rules adopted by the State Board of
1503 Education and a high school diploma. Such value shall be added
1504 to the total full-time equivalent student membership in
1505 secondary career education programs for grades 9 through 12 in
1506 the subsequent year for courses that were not funded through
1507 dual enrollment. The additional full-time equivalent membership
1508 authorized under this paragraph may not exceed 0.3 per student.
1509 Each district must allocate at least 80 percent of the funds
1510 provided for industry certification, in accordance with this
1511 paragraph, to the program that generated the funds. Unless a
1512 different amount is specified in the General Appropriations Act,
1513 the appropriation for this calculation is limited to $15 million
1514 annually. If the appropriation is insufficient to fully fund the
1515 total calculation, the appropriation shall be prorated.
1516 (q) Calculation of additional full-time equivalent
1517 membership for the Florida Virtual School.—The reported full
1518 time equivalent student membership for the Florida Virtual
1519 School for students who are also enrolled in a school district
1520 shall be multiplied by 0.114, and such value shall be added to
1521 the total full-time equivalent student membership.
1522 (6) CATEGORICAL FUNDS.—
1523 (b) If a district school board finds and declares in a
1524 resolution adopted at a regular meeting of the school board that
1525 the funds received for any of the following categorical
1526 appropriations are urgently needed to maintain school board
1527 specified academic classroom instruction, the school board may
1528 consider and approve an amendment to the school district
1529 operating budget transferring the identified amount of the
1530 categorical funds to the appropriate account for expenditure:
1531 1. Funds for student transportation.
1532 2. Funds for safe schools.
1533 3. Funds for supplemental academic instruction.
1534 4. Funds for research-based reading instruction.
1535 5. Funds for instructional materials if all instructional
1536 material purchases necessary to provide updated materials
1537 aligned to Next Generation Sunshine State Standards and
1538 benchmarks and that meet statutory requirements of content and
1539 learning have been completed for that fiscal year, but no sooner
1540 than March 1, 2011 2010. Funds available after March 1 may be
1541 used to purchase hardware used to provide student instruction.
1542 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
1543 (d) Each district’s allocation of sparsity supplement funds
1544 shall be adjusted in the following manner:
1545 1. A maximum discretionary levy per FTE value for each
1546 district shall be calculated by dividing the value of each
1547 district’s maximum discretionary levy by its FTE student count.
1548 2. A state average discretionary levy value per FTE shall
1549 be calculated by dividing the total maximum discretionary levy
1550 value for all districts by the state total FTE student count.
1551 3. A total potential funds per FTE for each district shall
1552 be calculated by dividing the total potential funds, not
1553 including Florida School Recognition Program funds, Merit Award
1554 Program funds, and the minimum guarantee funds, for each
1555 district by its FTE student count.
1556 4. A state average total potential funds per FTE shall be
1557 calculated by dividing the total potential funds, not including
1558 Florida School Recognition Program funds, Merit Award Program
1559 funds, and the minimum guarantee funds, for all districts by the
1560 state total FTE student count.
1561 5. For districts that have a levy value per FTE as
1562 calculated in subparagraph 1. higher than the state average
1563 calculated in subparagraph 2., a sparsity wealth adjustment
1564 shall be calculated as the product of the difference between the
1565 state average levy value per FTE calculated in subparagraph 2.
1566 and the district’s levy value per FTE calculated in subparagraph
1567 1. and the district’s FTE student count and -1. However, no
1568 district shall have a sparsity wealth adjustment that, when
1569 applied to the total potential funds calculated in subparagraph
1570 3., would cause the district’s total potential funds per FTE to
1571 be less than the state average calculated in subparagraph 4.
1572 6. Each district’s sparsity supplement allocation shall be
1573 calculated by adding the amount calculated as specified in
1574 paragraphs (a) and (b) and the wealth adjustment amount
1575 calculated in this paragraph.
1576 (12) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
1577 CURRENT OPERATION.—The total annual state allocation to each
1578 district for current operation for the FEFP shall be distributed
1579 periodically in the manner prescribed in the General
1580 Appropriations Act.
1581 (a) If the funds appropriated for current operation of the
1582 FEFP are not sufficient to pay the state requirement in full,
1583 the department shall prorate the available state funds to each
1584 district in the following manner:
1585 1. Determine the percentage of proration by dividing the
1586 sum of the total amount for current operation, as provided in
1587 this paragraph for all districts collectively, and the total
1588 district required local effort into the sum of the state funds
1589 available for current operation and the total district required
1590 local effort.
1591 2. Multiply the percentage so determined by the sum of the
1592 total amount for current operation as provided in this paragraph
1593 and the required local effort for each individual district.
1594 3. From the product of such multiplication, subtract the
1595 required local effort of each district; and the remainder shall
1596 be the amount of state funds allocated to the district for
1597 current operation; however, no calculation subsequent to the
1598 appropriation shall result in negative state funds for any
1599 district.
1600 Section 25. Paragraph (a) of subsection (4) of section
1601 1011.64, Florida Statutes, is amended to read:
1602 1011.64 School district minimum classroom expenditure
1603 requirements.—
1604 (4) In order for the Department of Education to monitor the
1605 implementation of this section, each school district which is
1606 required to increase emphasis on classroom activities from
1607 operating funds pursuant to subsection (1) shall submit to the
1608 department the following two reports in a format determined by
1609 the department:
1610 (a) An initial report, which shall include the proposed
1611 budget actions identified for increased classroom expenditures,
1612 a description of how such actions are designed to improve
1613 student achievement, and a copy of the published statement
1614 required by s. 1011.03(2) s. 1011.03(3). This report shall be
1615 submitted within 30 days after final budget approval as provided
1616 in s. 200.065.
1617 Section 26. Subsection (1) of section 1011.67, Florida
1618 Statutes, is amended to read:
1619 1011.67 Funds for instructional materials.—
1620 (1) The department is authorized to allocate and distribute
1621 to each district an amount as prescribed annually by the
1622 Legislature for instructional materials for student membership
1623 in basic and special programs in grades K-12, which will provide
1624 for growth and maintenance needs. For purposes of this
1625 subsection, unweighted full-time equivalent students enrolled in
1626 the lab schools in state universities are to be included as
1627 school district students and reported as such to the department.
1628 These funds shall be distributed to school districts as follows:
1629 50 percent on or about July 10; 35 percent on or about October
1630 10; 10 percent on or about January 10; and 5 percent on or about
1631 June 10. The annual allocation shall be determined as follows:
1632 (a) The growth allocation for each school district shall be
1633 calculated as follows:
1634 1. Subtract from that district’s projected full-time
1635 equivalent membership of students in basic and special programs
1636 in grades K-12 used in determining the initial allocation of the
1637 Florida Education Finance Program, the prior year’s full-time
1638 equivalent membership of students in basic and special programs
1639 in grades K-12 for that district.
1640 2. Multiply any such increase in full-time equivalent
1641 student membership by the allocation for a set of instructional
1642 materials, as determined by the department, or as provided for
1643 in the General Appropriations Act.
1644 3. The amount thus determined shall be that district’s
1645 initial allocation for growth for the school year. However, the
1646 department shall recompute and adjust the initial allocation
1647 based on actual full-time equivalent student membership data for
1648 that year.
1649 (b) The maintenance of the instructional materials
1650 allocation for each school district shall be calculated by
1651 multiplying each district’s prior year full-time equivalent
1652 membership of students in basic and special programs in grades
1653 K-12 by the allocation for maintenance of a set of instructional
1654 materials as provided for in the General Appropriations Act. The
1655 amount thus determined shall be that district’s initial
1656 allocation for maintenance for the school year; however, the
1657 department shall recompute and adjust the initial allocation
1658 based on such actual full-time equivalent student membership
1659 data for that year.
1660 (c) In the event the funds appropriated are not sufficient
1661 for the purpose of implementing this subsection in full, the
1662 department shall prorate the funds available for instructional
1663 materials after first funding in full each district’s growth
1664 allocation.
1665 Section 27. Section 1011.66, Florida Statutes, is amended
1666 to read:
1667 1011.66 Distribution of FEFP funds.—The distribution of
1668 FEFP funds shall be made in payments on or about the 10th and
1669 26th of each month. Upon the request of any school district
1670 whose net state FEFP funding is less than 60 percent of its
1671 gross state and local FEFP funding, the Department of Education
1672 shall distribute to that school district in the first quarter of
1673 the fiscal year an amount from the funds appropriated for the
1674 FEFP in the General Appropriations Act up to a maximum of 15
1675 percent of that school district’s gross state and local FEFP
1676 funding or that school district’s net state FEFP funding,
1677 whichever is less.
1678 Section 28. Subsection (2) of section 1011.68, Florida
1679 Statutes, is amended to read:
1680 1011.68 Funds for student transportation.—The annual
1681 allocation to each district for transportation to public school
1682 programs, including charter schools as provided in s.
1683 1002.33(17)(b), of students in membership in kindergarten
1684 through grade 12 and in migrant and exceptional student programs
1685 below kindergarten shall be determined as follows:
1686 (2) The allocation for each district shall be calculated
1687 annually in accordance with the following formula:
1688 T = B + EX. The elements of this formula are defined as
1689 follows: T is the total dollar allocation for transportation. B
1690 is the base transportation dollar allocation prorated by an
1691 adjusted student membership count. The adjusted membership count
1692 shall be derived from a multiplicative index function in which
1693 the base student membership is adjusted by multiplying it by
1694 index numbers that individually account for the impact of the
1695 price level index, average bus occupancy, and the extent of
1696 rural population in the district. EX is the base transportation
1697 dollar allocation for disabled students prorated by an adjusted
1698 disabled student membership count. The base transportation
1699 dollar allocation for disabled students is the total state base
1700 disabled student membership count weighted for increased costs
1701 associated with transporting disabled students and multiplying
1702 it by an the prior year’s average per student cost for
1703 transportation as determined by the Legislature. The adjusted
1704 disabled student membership count shall be derived from a
1705 multiplicative index function in which the weighted base
1706 disabled student membership is adjusted by multiplying it by
1707 index numbers that individually account for the impact of the
1708 price level index, average bus occupancy, and the extent of
1709 rural population in the district. Each adjustment factor shall
1710 be designed to affect the base allocation by no more or less
1711 than 10 percent.
1712 Section 29. Paragraph (b) of subsection (3) of section
1713 1011.71, Florida Statutes, is amended to read:
1714 1011.71 District school tax.—
1715 (3)
1716 (b) In addition to the millage authorized in this section,
1717 each district school board may, by a super majority vote, levy
1718 an additional 0.25 mills for critical capital outlay needs or
1719 for critical operating needs. If levied for capital outlay,
1720 expenditures shall be subject to the requirements of this
1721 section. If levied for operations, expenditures shall be
1722 consistent with the requirements for operating funds received
1723 pursuant to s. 1011.62. If the district levies this additional
1724 0.25 mills for operations, the compression adjustment pursuant
1725 to s. 1011.62(5) shall be calculated and added to the district’s
1726 FEFP allocation. Millage levied pursuant to this paragraph is
1727 subject to the provisions of s. 200.065. In order to be
1728 continued, millage levied pursuant to this paragraph must be
1729 approved by the voters of the district at the next general
1730 election.
1731 Section 30. Subsection (2) of section 1011.73, Florida
1732 Statutes, is amended to read:
1733 1011.73 District millage elections.—
1734 (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district
1735 school board, pursuant to resolution adopted at a regular
1736 meeting, shall direct the county commissioners to call an
1737 election at which the electors within the school district may
1738 approve an ad valorem tax millage as authorized under s.
1739 1011.71(9) s. 1011.71(8). Such election may be held at any time,
1740 except that not more than one such election shall be held during
1741 any 12-month period. Any millage so authorized shall be levied
1742 for a period not in excess of 4 years or until changed by
1743 another millage election, whichever is earlier. If any such
1744 election is invalidated by a court of competent jurisdiction,
1745 such invalidated election shall be considered not to have been
1746 held.
1747 Section 31. Paragraph (g) of subsection (3) of section
1748 1012.33, Florida Statutes, is amended to read:
1749 1012.33 Contracts with instructional staff, supervisors,
1750 and school principals.—
1751 (3)
1752 (g) Beginning July 1, 2001, for each employee who enters
1753 into a written contract, pursuant to this section, in a school
1754 district in which the employee was not employed as of June 30,
1755 2001, or was employed as of June 30, 2001, but has since broken
1756 employment with that district for 1 school year or more, for
1757 purposes of pay, a district school board must recognize and
1758 accept each year of full-time public school teaching service
1759 earned in the State of Florida for which the employee received a
1760 satisfactory performance evaluation; however, an employee may
1761 voluntarily waive this provision. Instructional personnel
1762 employed pursuant to s. 121.091(9)(b) and (c) are exempt from
1763 the provisions of this paragraph.
1764 Section 32. Paragraph (a) of subsection (7) of section
1765 1012.467, Florida Statutes, is amended to read:
1766 1012.467 Noninstructional contractors who are permitted
1767 access to school grounds when students are present; background
1768 screening requirements.—
1769 (7)(a) The Department of Law Enforcement shall implement a
1770 system that allows for the results of a criminal history check
1771 provided to a school district to be shared with other school
1772 districts through a secure Internet website or other secure
1773 electronic means. The Department of Law Enforcement may adopt
1774 rules under ss. 120.536(1) and 120.54 to implement this
1775 paragraph. School districts must accept reciprocity of level 2
1776 screenings for Florida High School Athletic Association
1777 Officials.
1778 Section 33. Subsection (1) of section 1012.55, Florida
1779 Statutes, is amended to read:
1780 1012.55 Positions for which certificates required.—
1781 (1) The State Board of Education shall classify school
1782 services, designate the certification subject areas, establish
1783 competencies, including the use of technology to enhance student
1784 learning, and certification requirements for all school-based
1785 personnel, and adopt rules in accordance with which the
1786 professional, temporary, and part-time certificates shall be
1787 issued by the Department of Education to applicants who meet the
1788 standards prescribed by such rules for their class of service.
1789 Each person employed or occupying a position as school
1790 supervisor, school principal, teacher, library media specialist,
1791 school counselor, athletic coach, or other position in which the
1792 employee serves in an instructional capacity, in any public
1793 school of any district of this state shall hold the certificate
1794 required by law and by rules of the State Board of Education in
1795 fulfilling the requirements of the law for the type of service
1796 rendered. Such positions include personnel providing direct
1797 instruction to students through a virtual environment or through
1798 a blended virtual and physical environment. The Department of
1799 Education shall identify appropriate educator certification for
1800 the instruction of specified courses in an annual publication of
1801 a directory of course code numbers for all programs and courses
1802 that are funded through the Florida Education Finance Program.
1803 However, the state board shall adopt rules authorizing district
1804 school boards to employ selected noncertificated personnel to
1805 provide instructional services in the individuals’ fields of
1806 specialty or to assist instructional staff members as education
1807 paraprofessionals.
1808 Section 34. Paragraphs (a) and (d) of subsection (1) of
1809 section 1013.62, Florida Statutes, are amended to read:
1810 1013.62 Charter schools capital outlay funding.—
1811 (1) In each year in which funds are appropriated for
1812 charter school capital outlay purposes, the Commissioner of
1813 Education shall allocate the funds among eligible charter
1814 schools.
1815 (a) To be eligible for a funding allocation, a charter
1816 school must:
1817 1.a. Have been in operation for 3 or more years;
1818 b. Be governed by a governing board established in the
1819 state for 3 or more years which operates both charter schools
1820 and conversion charter schools within the state;
1821 c. Be an expanded feeder chain of a charter school within
1822 the same school district that is currently receiving charter
1823 school capital outlay funds; or
1824 d. Have been accredited by the Commission on Schools of the
1825 Southern Association of Colleges and Schools.
1826 2. Have financial stability for future operation as a
1827 charter school.
1828 3. Have satisfactory student achievement based on state
1829 accountability standards applicable to the charter school.
1830 4. Have received final approval from its sponsor pursuant
1831 to s. 1002.33 for operation during that fiscal year.
1832 5. Serve students in facilities that are not provided by the
1833 charter school’s sponsor.
1834 6. Serve students in facilities that are provided by a
1835 business partner for a charter school-in-the-workplace pursuant
1836 to s. 1002.33(15)(b).
1837 (d) A charter school is not eligible for a funding
1838 allocation if it was created by the conversion of a public
1839 school and operates in facilities provided by the charter
1840 school’s sponsor for a nominal fee, or at no charge, or if it is
1841 directly or indirectly operated by the school district.
1842 Section 35. In order to implement Specific Appropriations
1843 6, 7, 8, 78, and 79 of the General Appropriations Act for the
1844 2010-2011 fiscal year, the calculations of the Florida Education
1845 Finance Program for the 2010-2011 fiscal year in the document
1846 entitled “Public School Funding - The Florida Education Finance
1847 Program,” dated xx, 2010, and filed with the Secretary of the
1848 Senate are incorporated by reference for the purpose of
1849 displaying the calculations used by the Legislature, consistent
1850 with requirements of the Florida Statutes, in making
1851 appropriations for the Florida Education Finance Program.
1852 Section 36. Except as otherwise expressly provided in this
1853 act, this act shall take effect July 1, 2010.