Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for SB 1696 Barcode 466794 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 to Amendment (129976) (with title 2 amendment) 3 4 Between lines 1624 and 1625 5 insert: 6 Section 29. College-preparatory boarding academy pilot 7 program for at-risk students.— 8 (1) PROGRAM CREATION.—The College-Preparatory Boarding 9 Academy Pilot Program is created for the purpose of providing 10 unique educational opportunities to dependent or at-risk 11 children who are academic underperformers, but who have the 12 potential to progress from at-risk to college-bound. The State 13 Board of Education shall implement this program. 14 (2) DEFINITIONS.—As used in this section, the term: 15 (a) “Board” means the board of trustees of the college 16 preparatory boarding academy for at-risk students. 17 (b) “Eligible student” means a student who is a resident of 18 the state and entitled to attend school in a participating 19 school district; is at-risk of academic failure; is currently 20 enrolled in grade 5 or 6; is from a family whose income is below 21 200 percent of the federal poverty guidelines; and meets at 22 least two of the following additional risk factors: 23 1. The student has a record of suspensions, office 24 referrals, or chronic truancy. 25 2. The student has been referred for academic intervention 26 or has not attained at least a proficient score on the state 27 achievement assessment in English and language arts, reading, or 28 mathematics. 29 3. The student’s parent is a single parent. 30 4. The student does not live with the student’s custodial 31 parent. 32 5. The student has received a referral from a school, 33 teacher, counselor, dependency court circuit judge, or 34 community-based care organization. 35 6. The student resides in a household that receives a 36 housing voucher or has been determined eligible for public 37 housing assistance. 38 7. A member of the student’s immediate family has been 39 incarcerated. 40 8. The student has been declared an adjudicated dependent 41 by a court of competent jurisdiction. 42 9. The student meets any additional criteria prescribed by 43 an agreement between the State Board of Education and the 44 operator of the program. 45 (c) “Operator” means a private nonprofit corporation that 46 is selected by the state under subsection (3) to operate the 47 college-preparatory boarding academy for at-risk students. 48 (d) “Program” means the college-preparatory boarding 49 academy for at-risk students which includes: 50 1. A remedial curriculum for middle school grades; 51 2. The college-preparatory curriculum for high school 52 grades; 53 3. Extracurricular activities, including athletics and 54 cultural events; 55 4. College admissions counseling; 56 5. Health and mental health services; 57 6. Tutoring; 58 7. Community service and service learning opportunities; 59 8. A residential student life program; 60 9. Extended school days and supplemental programs; and 61 10. Professional services focused on the language arts 62 standards, math standards, science standards, technology 63 standards, and developmental or life skill standards using 64 innovative and best practices for all students. 65 (e) “Sponsor” means a public school district that acts as a 66 sponsor pursuant to s. 1002.33, Florida Statutes. 67 (3) PROPOSALS.— 68 (a) The State Board of Education shall select a private 69 nonprofit corporation to operate the college-preparatory 70 boarding academy for at-risk students which meets the following 71 qualifications: 72 1. The nonprofit corporation has, or will receive as a 73 condition of the contract, a public charter school authorized 74 under s. 1002.33, Florida Statutes, to offer grades 6 through 12 75 or has a partnership with a sponsor to operate a school. 76 2. The nonprofit corporation has experience operating a 77 school or program similar to that authorized under this section. 78 3. The nonprofit corporation has demonstrated success with 79 a school or program similar to that authorized under this 80 section. 81 4. The nonprofit corporation has the capacity to finance 82 and secure private funds for the development of a campus for the 83 program. 84 (b) Within 60 days after July 1, 2011, the state board 85 shall issue a request for proposals from private nonprofit 86 corporations interested in operating the college preparatory 87 academy for at-risk students. The state board shall select the 88 operator from among the qualified responders within 120 days 89 after the issuance of the requests for proposal. 90 (c) Each proposal must contain the following information: 91 1. The proposed location of the college-preparatory 92 boarding academy; 93 2. A plan for offering grade 6 in the program’s initial 94 year of operation and a plan for expanding the grade levels 95 offered by the school in subsequent years; and 96 3. Any other information about the proposed educational 97 program, facilities, or operations of the school as determined 98 necessary by the state board. 99 (4) CONTRACT.—The State Board of Education shall enter into 100 a contract with the operator of the college-preparatory boarding 101 academy. The contract must stipulate that: 102 (a) The academy may operate only if, and to the extent 103 that, it holds a valid charter authorized under s. 1002.33, 104 Florida Statutes, or is authorized by a local school district 105 defined as a sponsor pursuant to s. 1002.33, Florida Statutes. 106 (b) The operator shall finance and oversee the acquisition 107 of a facility for the academy. 108 (c) The operator shall operate the academy in accordance 109 with the terms of the proposal accepted by the state board. 110 (d) The operator shall comply with this section. 111 (e) The operator shall comply with any other provisions of 112 law specified in the contract, the charter granted by the local 113 school district or operating agreement with the sponsor, and the 114 rules adopted by the state board for schools operating in this 115 state. 116 (f) The operator shall comply with the bylaws that it 117 adopts. 118 (g) The operator shall comply with standards for admission 119 of students to the academy and the dismissal of students from 120 the academy which are included in the contract and may be 121 reevaluated and revised by mutual agreement between the operator 122 and the state board. 123 (h) The operator shall meet the academic goals and other 124 performance standards established by the contract. 125 (i) The state board or the operator may terminate the 126 contract in accordance with the procedures specified in the 127 contract, which shall at least require that the party seeking 128 termination give prior written notice of the intent to terminate 129 the contract and require that the party receiving the 130 termination notice be granted an opportunity to redress any 131 grievances cited therein. 132 (j) If the school closes for any reason, the academy’s 133 board of trustees shall execute the closing in a manner 134 specified in the contract. 135 (5) OPERATOR BYLAWS.—The operator of the college 136 preparatory boarding academy for at-risk students shall adopt 137 bylaws for the oversight and operation of the academy which are 138 consistent with this section, state law, and the contract 139 between the operator and the State Board of Education. The 140 bylaws shall include procedures for the appointment of board 141 members to the academy’s board of trustees, which may not exceed 142 25 members, five members of which shall be appointed by the 143 Governor with the advice and consent of the Senate. The bylaws 144 shall be subject to approval of the state board. 145 (6) OUTREACH.—The operator of the college-preparatory 146 boarding academy shall adopt an outreach program with the local 147 education agency or school district and community. The outreach 148 program shall give special attention to the recruitment of 149 children in the state’s foster care program as a dependent child 150 or as a child in a program to prevent dependency who are 151 academic underperformers who, if given the unique educational 152 opportunity found in the program, have the potential to progress 153 from at-risk children to college-bound children. 154 (7) FUNDING.—The college-preparatory boarding academy shall 155 be a public school and is part of the state’s program of 156 education. If the program receives state funding from 157 noneducation sources, the State Board of Education shall 158 coordinate, streamline, and simplify any requirements to 159 eliminate duplicate, redundant, or conflicting requirements and 160 oversight by various governmental programs or agencies. The 161 applicable regulating entities shall, to the maximum extent 162 feasible, use independent reports and financial audits provided 163 by the program and coordinated by the state board to eliminate 164 or reduce contract and administrative reviews. Additional items 165 may be suggested, if reasonable, to the state board to be 166 included in independent reports and financial audits for the 167 purpose of implementing this section. Reporting paperwork that 168 is prepared for the state and local education agency must also 169 be shared with and accepted by other state and local regulatory 170 entities, to the maximum extent feasible. 171 (8) PROGRAM CAPACITY.—Beginning August 2012, the college 172 preparatory boarding academy shall admit 80 students. In each 173 additional fiscal year, the program shall grow by an additional 174 number of students, as specified in the contract, until the 175 program reaches a capacity of 400 students. 176 (9) STUDENT SERVICES.—Students enrolled in the program who 177 have been adjudicated dependent must remain under the case 178 management services and supervision of the lead agency and its 179 respective providers. The operator may contract with its own 180 licensed providers as necessary to provide services to children 181 in the program and to ensure continuity of the full range of 182 services required by children in foster care who attend the 183 academy. 184 (10) MEDICAID BILLING.—This section does not prohibit the 185 operator from appropriately billing Medicaid for services 186 rendered to eligible students through the program or from 187 earning federal or local funding for services provided. 188 (11) ADMISSION.—Any eligible student may apply for 189 admission to the college-preparatory boarding academy. If more 190 eligible students apply for admission than the number of 191 students permitted by the capacity established by the board of 192 trustees, admission shall be determined by lottery. 193 (12) STUDENT HOUSING.—Notwithstanding ss. 409.1677(3)(d)and 194 409.176, Florida Statutes, or any other provision of law, an 195 operator may house and educate dependent, at-risk youth in its 196 residential school for the purpose of facilitating the mission 197 of the program and encouraging innovative practices. 198 (13) ANNUAL REPORT.— 199 (a) The State Board of Education shall issue an annual 200 report for each college-preparatory boarding academy which 201 includes all information applicable to schools. 202 (b) Each college-preparatory boarding academy shall report 203 to the Department of Education, in the form and manner 204 prescribed in the contract, the following information: 205 1. The total number of students enrolled in the academy; 206 2. The number of students enrolled in the academy who are 207 receiving special education services pursuant to an individual 208 education plan; and 209 3. Any additional information specified in the contract. 210 (c) The operator shall comply with s. 1002.33, Florida 211 Statutes, and shall annually assess reading and mathematics 212 skills. The operator shall provide the student’s legal guardians 213 with sufficient information on whether the student is reading at 214 grade level and whether the child gains at least a year’s worth 215 of learning for every year spent in the program. 216 (14) RULES.—The State Board of Education shall adopt rules 217 to administer this section. These rules must identify any 218 existing rules that are applicable to the program and preempt 219 any other rules that are not specified for the purpose of 220 clarifying the rules that may be conflicting, redundant, or 221 result in an unnecessary burden on the program or the operator. 222 223 ================= T I T L E A M E N D M E N T ================ 224 And the title is amended as follows: 225 Delete line 1747 226 and insert: 227 education; creating the College Preparatory Boarding 228 Academy Pilot Program for dependent or at-risk 229 students; providing a purpose for the program; 230 requiring that the State Board of Education implement 231 the program; providing definitions; requiring that the 232 state board select a private nonprofit corporation to 233 operate the academy if certain qualifications are met; 234 requiring that the state board request proposals from 235 private nonprofit corporations; providing requirements 236 for such proposals; requiring that the state board 237 enter into a contract with the operator of the 238 academy; requiring that the contract contain specified 239 requirements; requiring that the operator adopt 240 bylaws, subject to approval by the state board; 241 requiring that the operator adopt an outreach program 242 with the local education agency or school district and 243 community; providing that the academy is a public 244 school and part of the state’s education program; 245 providing program funding guidelines; limiting the 246 capacity of eligible students attending the academy; 247 requiring that enrolled students remain under case 248 management services and the supervision of the lead 249 agency; authorizing the operator to appropriately bill 250 Medicaid for services rendered to eligible students or 251 earn federal or local funding for services provided; 252 providing for eligible students to be admitted by 253 lottery if the number of applicants exceeds the 254 allowed capacity; authorizing the operator to board 255 dependent, at-risk students; requiring the State Board 256 of education to provide a report with certain 257 information; authorizing the State Board of Education 258 to adopt rules to administer this act; providing 259 criteria; providing effective dates.