Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1696
       
       
       
       
       
       
                                Barcode 124716                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/14/2011           .                                
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       The Committee on Budget Subcommittee on Education Pre-K - 12
       Appropriations (Siplin) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1936 and 1937
    4  insert:
    5         Section 29. College-preparatory boarding academy pilot
    6  program for at-risk students.—
    7         (1)PROGRAM CREATION.—The College-Preparatory Boarding
    8  Academy Pilot Program is created for the purpose of providing
    9  unique educational opportunities to dependent or at-risk
   10  children who are academic underperformers, but who have the
   11  potential to progress from at-risk to college-bound. The State
   12  Board of Education shall implement this program.
   13         (2)DEFINITIONS.—As used in this section, the term:
   14         (a)“Board” means the board of trustees of the college
   15  preparatory boarding academy for at-risk students.
   16         (b)“Eligible student” means a student who is a resident of
   17  the state and entitled to attend school in a participating
   18  school district; is at-risk of academic failure; is currently
   19  enrolled in grade 5 or 6; is from a family whose income is below
   20  200 percent of the federal poverty guidelines; and meets at
   21  least two of the following additional risk factors:
   22         1.The student has a record of suspensions, office
   23  referrals, or chronic truancy.
   24         2.The student has been referred for academic intervention
   25  or has not attained at least a proficient score on the state
   26  achievement assessment in English and language arts, reading, or
   27  mathematics.
   28         3.The student’s parent is a single parent.
   29         4.The student does not live with the student’s custodial
   30  parent.
   31         5.The student has received a referral from a school,
   32  teacher, counselor, dependency court circuit judge, or
   33  community-based care organization.
   34         6.The student resides in a household that receives a
   35  housing voucher or has been determined eligible for public
   36  housing assistance.
   37         7.A member of the student’s immediate family has been
   38  incarcerated.
   39         8.The student has been declared an adjudicated dependent
   40  by a court of competent jurisdiction.
   41         9.The student meets any additional criteria prescribed by
   42  an agreement between the State Board of Education and the
   43  operator of the program.
   44         (c)“Operator” means a private nonprofit corporation that
   45  is selected by the state under subsection (3) to operate the
   46  college-preparatory boarding academy for at-risk students.
   47         (d)“Program” means the college-preparatory boarding
   48  academy for at-risk students which includes:
   49         1.A remedial curriculum for middle school grades;
   50         2.The college-preparatory curriculum for high school
   51  grades;
   52         3.Extracurricular activities, including athletics and
   53  cultural events;
   54         4.College admissions counseling;
   55         5.Health and mental health services;
   56         6.Tutoring;
   57         7.Community service and service learning opportunities;
   58         8.A residential student life program;
   59         9.Extended school days and supplemental programs; and
   60         10.Professional services focused on the language arts
   61  standards, math standards, science standards, technology
   62  standards, and developmental or life skill standards using
   63  innovative and best practices for all students.
   64         (e)“Sponsor” means a public school district that acts as a
   65  sponsor pursuant to s. 1002.33, Florida Statutes.
   66         (3)PROPOSALS.—
   67         (a)The State Board of Education shall select a private
   68  nonprofit corporation to operate the college-preparatory
   69  boarding academy for at-risk students which meets the following
   70  qualifications:
   71         1.The nonprofit corporation has, or will receive as a
   72  condition of the contract, a public charter school authorized
   73  under s. 1002.33, Florida Statutes, to offer grades 6 through 12
   74  or has a partnership with a sponsor to operate a school.
   75         2.The nonprofit corporation has experience operating a
   76  school or program similar to that authorized under this section.
   77         3.The nonprofit corporation has demonstrated success with
   78  a school or program similar to that authorized under this
   79  section.
   80         4.The nonprofit corporation has the capacity to finance
   81  and secure private funds for the development of a campus for the
   82  program.
   83         (b)Within 60 days after July 1, 2011, the state board
   84  shall issue a request for proposals from private nonprofit
   85  corporations interested in operating the college preparatory
   86  academy for at-risk students. The state board shall select the
   87  operator from among the qualified responders within 120 days
   88  after the issuance of the requests for proposal.
   89         (c)Each proposal must contain the following information:
   90         1.The proposed location of the college-preparatory
   91  boarding academy;
   92         2.A plan for offering grade 6 in the program’s initial
   93  year of operation and a plan for expanding the grade levels
   94  offered by the school in subsequent years; and
   95         3.Any other information about the proposed educational
   96  program, facilities, or operations of the school as determined
   97  necessary by the state board.
   98         (4)CONTRACT.—The State Board of Education shall enter into
   99  a contract with the operator of the college-preparatory boarding
  100  academy. The contract must stipulate that:
  101         (a)The academy may operate only if, and to the extent
  102  that, it holds a valid charter authorized under s. 1002.33,
  103  Florida Statutes, or is authorized by a local school district
  104  defined as a sponsor pursuant to s. 1002.33, Florida Statutes.
  105         (b)The operator shall finance and oversee the acquisition
  106  of a facility for the academy.
  107         (c)The operator shall operate the academy in accordance
  108  with the terms of the proposal accepted by the state board.
  109         (d)The operator shall comply with this section.
  110         (e)The operator shall comply with any other provisions of
  111  law specified in the contract, the charter granted by the local
  112  school district or operating agreement with the sponsor, and the
  113  rules adopted by the state board for schools operating in this
  114  state.
  115         (f)The operator shall comply with the bylaws that it
  116  adopts.
  117         (g)The operator shall comply with standards for admission
  118  of students to the academy and the dismissal of students from
  119  the academy which are included in the contract and may be
  120  reevaluated and revised by mutual agreement between the operator
  121  and the state board.
  122         (h)The operator shall meet the academic goals and other
  123  performance standards established by the contract.
  124         (i)The state board or the operator may terminate the
  125  contract in accordance with the procedures specified in the
  126  contract, which shall at least require that the party seeking
  127  termination give prior written notice of the intent to terminate
  128  the contract and require that the party receiving the
  129  termination notice be granted an opportunity to redress any
  130  grievances cited therein.
  131         (j)If the school closes for any reason, the academy’s
  132  board of trustees shall execute the closing in a manner
  133  specified in the contract.
  134         (5)OPERATOR BYLAWS.—The operator of the college
  135  preparatory boarding academy for at-risk students shall adopt
  136  bylaws for the oversight and operation of the academy which are
  137  consistent with this section, state law, and the contract
  138  between the operator and the State Board of Education. The
  139  bylaws shall include procedures for the appointment of board
  140  members to the academy’s board of trustees, which may not exceed
  141  25 members, five members of which shall be appointed by the
  142  Governor with the advice and consent of the Senate. The bylaws
  143  shall be subject to approval of the state board.
  144         (6) OUTREACH.—The operator of the college-preparatory
  145  boarding academy shall adopt an outreach program with the local
  146  education agency or school district and community. The outreach
  147  program shall give special attention to the recruitment of
  148  children in the state’s foster care program as a dependent child
  149  or as a child in a program to prevent dependency who are
  150  academic underperformers who, if given the unique educational
  151  opportunity found in the program, have the potential to progress
  152  from at-risk children to college-bound children.
  153         (7)FUNDING.—The college-preparatory boarding academy shall
  154  be a public school and is part of the state’s program of
  155  education. If the program receives state funding from
  156  noneducation sources, the State Board of Education shall
  157  coordinate, streamline, and simplify any requirements to
  158  eliminate duplicate, redundant, or conflicting requirements and
  159  oversight by various governmental programs or agencies. The
  160  applicable regulating entities shall, to the maximum extent
  161  feasible, use independent reports and financial audits provided
  162  by the program and coordinated by the state board to eliminate
  163  or reduce contract and administrative reviews. Additional items
  164  may be suggested, if reasonable, to the state board to be
  165  included in independent reports and financial audits for the
  166  purpose of implementing this section. Reporting paperwork that
  167  is prepared for the state and local education agency must also
  168  be shared with and accepted by other state and local regulatory
  169  entities, to the maximum extent feasible.
  170         (8)PROGRAM CAPACITY.—Beginning August 2012, the college
  171  preparatory boarding academy shall admit 80 students. In each
  172  additional fiscal year, the program shall grow by an additional
  173  number of students, as specified in the contract, until the
  174  program reaches a capacity of 400 students.
  175         (9)STUDENT SERVICES.—Students enrolled in the program who
  176  have been adjudicated dependent must remain under the case
  177  management services and supervision of the lead agency and its
  178  respective providers. The operator may contract with its own
  179  licensed providers as necessary to provide services to children
  180  in the program and to ensure continuity of the full range of
  181  services required by children in foster care who attend the
  182  academy.
  183         (10)MEDICAID BILLING.—This section does not prohibit the
  184  operator from appropriately billing Medicaid for services
  185  rendered to eligible students through the program or from
  186  earning federal or local funding for services provided.
  187         (11)ADMISSION.—Any eligible student may apply for
  188  admission to the college-preparatory boarding academy. If more
  189  eligible students apply for admission than the number of
  190  students permitted by the capacity established by the board of
  191  trustees, admission shall be determined by lottery.
  192         (12) STUDENT HOUSING.—Notwithstanding ss. 409.1677(3)(d)and
  193  409.176, Florida Statutes, or any other provision of law, an
  194  operator may house and educate dependent, at-risk youth in its
  195  residential school for the purpose of facilitating the mission
  196  of the program and encouraging innovative practices.
  197         (13)ANNUAL REPORT.—
  198         (a)The State Board of Education shall issue an annual
  199  report for each college-preparatory boarding academy which
  200  includes all information applicable to schools.
  201         (b)Each college-preparatory boarding academy shall report
  202  to the Department of Education, in the form and manner
  203  prescribed in the contract, the following information:
  204         1.The total number of students enrolled in the academy;
  205         2.The number of students enrolled in the academy who are
  206  receiving special education services pursuant to an individual
  207  education plan; and
  208         3.Any additional information specified in the contract.
  209         (c)The operator shall comply with s. 1002.33, Florida
  210  Statutes, and shall annually assess reading and mathematics
  211  skills. The operator shall provide the student’s legal guardians
  212  with sufficient information on whether the student is reading at
  213  grade level and whether the child gains at least a year’s worth
  214  of learning for every year spent in the program.
  215         (14) RULES.—The State Board of Education shall adopt rules
  216  to administer this section. These rules must identify any
  217  existing rules that are applicable to the program and preempt
  218  any other rules that are not specified for the purpose of
  219  clarifying the rules that may be conflicting, redundant, or
  220  result in an unnecessary burden on the program or the operator.
  221  
  222  ================= T I T L E  A M E N D M E N T ================
  223         And the title is amended as follows:
  224         Delete line 178
  225  and insert:
  226         certain teachers; creating the College Preparatory
  227         Boarding Academy Pilot Program for dependent or at
  228         risk students; providing a purpose for the program;
  229         requiring that the State Board of Education implement
  230         the program; providing definitions; requiring that the
  231         state board select a private nonprofit corporation to
  232         operate the academy if certain qualifications are met;
  233         requiring that the state board request proposals from
  234         private nonprofit corporations; providing requirements
  235         for such proposals; requiring that the state board
  236         enter into a contract with the operator of the
  237         academy; requiring that the contract contain specified
  238         requirements; requiring that the operator adopt
  239         bylaws, subject to approval by the state board;
  240         requiring that the operator adopt an outreach program
  241         with the local education agency or school district and
  242         community; providing that the academy is a public
  243         school and part of the state’s education program;
  244         providing program funding guidelines; limiting the
  245         capacity of eligible students attending the academy;
  246         requiring that enrolled students remain under case
  247         management services and the supervision of the lead
  248         agency; authorizing the operator to appropriately bill
  249         Medicaid for services rendered to eligible students or
  250         earn federal or local funding for services provided;
  251         providing for eligible students to be admitted by
  252         lottery if the number of applicants exceeds the
  253         allowed capacity; authorizing the operator to board
  254         dependent, at-risk students; requiring the State Board
  255         of education to provide a report with certain
  256         information; authorizing the State Board of Education
  257         to adopt rules to administer this act; providing
  258         criteria; providing effective dates.