HB 7091

1
A bill to be entitled
2An act relating to education law repeals; repealing s.
31004.04(11) and (12), F.S., relating to the Preteacher and
4Teacher Education Pilot Programs and the Teacher Education
5Pilot Programs for High-Achieving Students; repealing s.
61009.54, F.S., relating to the Critical Teacher Shortage
7Program; repealing s. 1009.57, F.S., relating to the
8Florida Teacher Scholarship and Forgivable Loan Program;
9repealing s. 1009.58, F.S., relating to the critical
10teacher shortage tuition reimbursement program; repealing
11s. 1009.59, F.S., relating to the Critical Teacher
12Shortage Student Loan Forgiveness Program; repealing s.
131012.225, F.S., relating to the Merit Award Program for
14Instructional Personnel and School-Based Administrators;
15repealing s. 1012.2251, F.S., relating to the
16administration of end-of-course examinations for the Merit
17Award Program; repealing s. 447.403(2)(c), F.S., relating
18to the resolution of an impasse involving a dispute of a
19Merit Award Program plan, to conform; amending ss.
201002.33, 1003.52, 1009.40, 1009.94, 1011.62, and 1012.07,
21F.S.; conforming provisions to changes made by the act;
22repealing s. 1012.33(3)(a), (b), and (c), F.S., relating
23to professional service contracts for instructional staff;
24providing effective dates.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsections (11) and (12) of section 1004.04,
29Florida Statutes, are repealed.
30     Section 2.  Sections 1009.54, 1009.57, 1009.58, and
311009.59, Florida Statutes, are repealed.
32     Section 3.  Sections 1012.225 and 1012.2251, Florida
33Statutes, are repealed.
34     Section 4.  Paragraph (c) of subsection (2) of section
35447.403, Florida Statutes, is repealed.
36     Section 5.  Paragraph (a) of subsection (20) of section
371002.33, Florida Statutes, is amended to read:
38     1002.33  Charter schools.-
39     (20)  SERVICES.-
40     (a)1.  A sponsor shall provide certain administrative and
41educational services to charter schools. These services shall
42include contract management services; full-time equivalent and
43data reporting services; exceptional student education
44administration services; services related to eligibility and
45reporting duties required to ensure that school lunch services
46under the federal lunch program, consistent with the needs of
47the charter school, are provided by the school district at the
48request of the charter school, that any funds due to the charter
49school under the federal lunch program be paid to the charter
50school as soon as the charter school begins serving food under
51the federal lunch program, and that the charter school is paid
52at the same time and in the same manner under the federal lunch
53program as other public schools serviced by the sponsor or the
54school district; test administration services, including payment
55of the costs of state-required or district-required student
56assessments; processing of teacher certificate data services;
57and information services, including equal access to student
58information systems that are used by public schools in the
59district in which the charter school is located. Student
60performance data for each student in a charter school,
61including, but not limited to, FCAT scores, standardized test
62scores, previous public school student report cards, and student
63performance measures, shall be provided by the sponsor to a
64charter school in the same manner provided to other public
65schools in the district.
66     2.  A total administrative fee for the provision of such
67services shall be calculated based upon up to 5 percent of the
68available funds defined in paragraph (17)(b) for all students.
69However, a sponsor may only withhold up to a 5-percent
70administrative fee for enrollment for up to and including 250
71students. For charter schools with a population of 251 or more
72students, the difference between the total administrative fee
73calculation and the amount of the administrative fee withheld
74may only be used for capital outlay purposes specified in s.
751013.62(2).
76     3.  In addition, a sponsor may withhold only up to a 5-
77percent administrative fee for enrollment for up to and
78including 500 students within a system of charter schools which
79meets all of the following:
80     a.  Includes both conversion charter schools and
81nonconversion charter schools;
82     b.  Has all schools located in the same county;
83     c.  Has a total enrollment exceeding the total enrollment
84of at least one school district in the state;
85     d.  Has the same governing board; and
86     e.  Does not contract with a for-profit service provider
87for management of school operations.
88     4.  The difference between the total administrative fee
89calculation and the amount of the administrative fee withheld
90pursuant to subparagraph 3. may be used for instructional and
91administrative purposes as well as for capital outlay purposes
92specified in s. 1013.62(2).
93     5.  Each charter school shall receive 100 percent of the
94funds awarded to that school pursuant to s. 1012.225. Sponsors
95shall not charge charter schools any additional fees or
96surcharges for administrative and educational services in
97addition to the maximum 5-percent administrative fee withheld
98pursuant to this paragraph.
99     Section 6.  Subsection (10) of section 1003.52, Florida
100Statutes, is amended to read:
101     1003.52  Educational services in Department of Juvenile
102Justice programs.-
103     (10)  The district school board shall recruit and train
104teachers who are interested, qualified, or experienced in
105educating students in juvenile justice programs. Students in
106juvenile justice programs shall be provided a wide range of
107educational programs and opportunities including textbooks,
108technology, instructional support, and other resources available
109to students in public schools. Teachers assigned to educational
110programs in juvenile justice settings in which the district
111school board operates the educational program shall be selected
112by the district school board in consultation with the director
113of the juvenile justice facility. Educational programs in
114juvenile justice facilities shall have access to the substitute
115teacher pool utilized by the district school board. Full-time
116teachers working in juvenile justice schools, whether employed
117by a district school board or a provider, shall be eligible for
118the critical teacher shortage tuition reimbursement program as
119defined by s. 1009.58 and other teacher recruitment and
120retention programs.
121     Section 7.  Paragraph (a) of subsection (1) of section
1221009.40, Florida Statutes, is amended to read:
123     1009.40  General requirements for student eligibility for
124state financial aid awards and tuition assistance grants.-
125     (1)(a)  The general requirements for eligibility of
126students for state financial aid awards and tuition assistance
127grants consist of the following:
128     1.  Achievement of the academic requirements of and
129acceptance at a state university or community college; a nursing
130diploma school approved by the Florida Board of Nursing; a
131Florida college, university, or community college which is
132accredited by an accrediting agency recognized by the State
133Board of Education; any Florida institution the credits of which
134are acceptable for transfer to state universities; any career
135center; or any private career institution accredited by an
136accrediting agency recognized by the State Board of Education.
137     2.  Residency in this state for no less than 1 year
138preceding the award of aid or a tuition assistance grant for a
139program established pursuant to s. 1009.50, s. 1009.505, s.
1401009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
1411009.57, s. 1009.60, s. 1009.62, s. 1009.68, s. 1009.72, s.
1421009.73, s. 1009.77, s. 1009.89, or s. 1009.891. Residency in
143this state must be for purposes other than to obtain an
144education. Resident status for purposes of receiving state
145financial aid awards shall be determined in the same manner as
146resident status for tuition purposes pursuant to s. 1009.21.
147     3.  Submission of certification attesting to the accuracy,
148completeness, and correctness of information provided to
149demonstrate a student's eligibility to receive state financial
150aid awards or tuition assistance grants. Falsification of such
151information shall result in the denial of any pending
152application and revocation of any award or grant currently held
153to the extent that no further payments shall be made.
154Additionally, students who knowingly make false statements in
155order to receive state financial aid awards or tuition
156assistance grants commit a misdemeanor of the second degree
157subject to the provisions of s. 837.06 and shall be required to
158return all state financial aid awards or tuition assistance
159grants wrongfully obtained.
160     Section 8.  Paragraph (c) of subsection (2) of section
1611009.94, Florida Statutes, is amended to read:
162     1009.94  Student financial assistance database.-
163     (2)  For purposes of this section, financial assistance
164includes:
165     (c)  Any financial assistance provided under s. 1009.50, s.
1661009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
1671009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
1681009.68, s. 1009.70, s. 1009.701, s. 1009.72, s. 1009.73, s.
1691009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
170     Section 9.  Paragraph (d) of subsection (7) of section
1711011.62, Florida Statutes, is amended to read:
172     1011.62  Funds for operation of schools.-If the annual
173allocation from the Florida Education Finance Program to each
174district for operation of schools is not determined in the
175annual appropriations act or the substantive bill implementing
176the annual appropriations act, it shall be determined as
177follows:
178     (7)  DETERMINATION OF SPARSITY SUPPLEMENT.-
179     (d)  Each district's allocation of sparsity supplement
180funds shall be adjusted in the following manner:
181     1.  A maximum discretionary levy per FTE value for each
182district shall be calculated by dividing the value of each
183district's maximum discretionary levy by its FTE student count.
184     2.  A state average discretionary levy value per FTE shall
185be calculated by dividing the total maximum discretionary levy
186value for all districts by the state total FTE student count.
187     3.  A total potential funds per FTE for each district shall
188be calculated by dividing the total potential funds, not
189including Florida School Recognition Program funds, Merit Award
190Program funds, and the minimum guarantee funds, for each
191district by its FTE student count.
192     4.  A state average total potential funds per FTE shall be
193calculated by dividing the total potential funds, not including
194Florida School Recognition Program funds, Merit Award Program
195funds, and the minimum guarantee funds, for all districts by the
196state total FTE student count.
197     5.  For districts that have a levy value per FTE as
198calculated in subparagraph 1. higher than the state average
199calculated in subparagraph 2., a sparsity wealth adjustment
200shall be calculated as the product of the difference between the
201state average levy value per FTE calculated in subparagraph 2.
202and the district's levy value per FTE calculated in subparagraph
2031. and the district's FTE student count and -1. However, no
204district shall have a sparsity wealth adjustment that, when
205applied to the total potential funds calculated in subparagraph
2063., would cause the district's total potential funds per FTE to
207be less than the state average calculated in subparagraph 4.
208     6.  Each district's sparsity supplement allocation shall be
209calculated by adding the amount calculated as specified in
210paragraphs (a) and (b) and the wealth adjustment amount
211calculated in this paragraph.
212     Section 10.  Section 1012.07, Florida Statutes, is amended
213to read:
214     1012.07  Identification of critical teacher shortage
215areas.-
216     (1)  As used in ss. 1009.57, 1009.58, and 1009.59, The term
217"critical teacher shortage area" applies to mathematics,
218science, career education, and high priority location areas. The
219State Board of Education may identify career education programs
220having critical teacher shortages. The State Board of Education
221shall adopt rules pursuant to ss. 120.536(1) and 120.54
222necessary to annually identify other critical teacher shortage
223areas and high priority location areas. The state board shall
224also consider teacher characteristics such as ethnic background,
225race, and sex in determining critical teacher shortage areas.
226School grade levels may also be designated critical teacher
227shortage areas. Individual district school boards may identify
228other critical teacher shortage areas. Such shortages must be
229certified to and approved by the State Board of Education. High
230priority location areas shall be in high-density, low-economic
231urban schools and low-density, low-economic rural schools and
232shall include schools which meet criteria which include, but are
233not limited to, the percentage of free lunches, the percentage
234of students under Chapter I of the Education Consolidation and
235Improvement Act of 1981, and the faculty attrition rate.
236     (2)  This section shall be implemented only to the extent
237as specifically funded and authorized by law.
238     Section 11.  Effective July 1, 2011, paragraphs (a), (b),
239and (c) of subsection (3) of section 1012.33, Florida Statutes,
240are repealed.
241     Section 12.  Except as otherwise expressly provided in this
242act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.