Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for SB 1696 Barcode 124716 LEGISLATIVE ACTION Senate . House Comm: WD . 04/14/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.