Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7078
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-03025E-12                                         20127078__
    1                        A bill to be entitled                      
    2         An act relating to kindergarten through grade 12
    3         education funding; amending s. 1001.42, F.S.;
    4         requiring that any contract or employment agreement,
    5         or renewal or renegotiation of an existing contract or
    6         employment agreement, entered into by a school
    7         district with an officer, agent, employee, or
    8         contractor which contains a provision for severance
    9         pay include provisions in s. 215.425, F.S., relating
   10         to limitations on extra compensation, bonuses, and
   11         severance pay; requiring that each district school
   12         board enter into an interlocal agreement for the
   13         purpose of establishing the School District
   14         Consortium; amending s. 1001.50, F.S.; requiring that
   15         any employment contract entered into by a district
   16         school board with a district school superintendent
   17         which contains a provision for severance pay include
   18         provisions in s. 215.425, F.S.; amending s. 1002.33,
   19         F.S.; revising provisions relating to the calculation
   20         of the total administrative fee for providing
   21         administrative and educational services to charter
   22         schools; amending s. 1003.03, F.S.; extending dates
   23         relating to calculations for the class size maximum;
   24         amending s. 1003.52, F.S.; providing for the funding
   25         of juvenile justice education programs; amending s.
   26         1006.40, F.S.; authorizing the Commissioner of
   27         Education to waive a requirement relating to the
   28         purchase of current instructional materials for school
   29         districts under certain circumstances; amending s.
   30         1011.61, F.S.; revising the definition of the term
   31         “full-time equivalent student” for full-time students
   32         enrolled in a combination of certain programs;
   33         revising provisions relating to the funding of
   34         students in kindergarten through grade 12 or
   35         exceptional children in a prekindergarten program to
   36         conform to changes made by the act; amending s.
   37         1011.62, F.S.; requiring that each school district
   38         having low-performing elementary schools use funds
   39         from the supplemental academic instruction categorical
   40         fund, along with the school district’s research-based
   41         reading instruction allocation, to provide an
   42         additional hour of instruction per day for intensive
   43         reading instruction; requiring that the Department of
   44         Education monitor and track the implementation of each
   45         school district’s comprehensive reading plan and
   46         report its findings to the Legislature by a specified
   47         date each year; revising provisions relating to the
   48         total allocation of state funds to each district for
   49         current operations; amending s. 1013.03, F.S.;
   50         authorizing the Commissioner of Education to grant
   51         waivers to district school boards from certain
   52         requirements relating to the validation of surveys and
   53         inventory data under certain circumstances; amending
   54         s. 1013.35, F.S.; requiring that each district school
   55         board have a financial management and performance
   56         audit conducted of the district’s educational planning
   57         and construction activities; requiring that the
   58         calculation required in s. 1003.03(4)(a)4., F.S., be
   59         an amount equal to 50 percent of the base student
   60         allocation adjusted by the district cost differential
   61         for a specified fiscal year; specifying the formula to
   62         be used for the 2011-2012 fiscal year in calculating
   63         the alternate compliance calculation amounts to the
   64         class size operating categorical fund, notwithstanding
   65         certain other provisions of law; requiring that the
   66         Commissioner of Education modify payments to school
   67         districts; providing effective dates.
   68  
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Subsections (24) and (25) of section 1001.42,
   72  Florida Statutes, are amended, and a new subsection (25) is
   73  added to that section, to read:
   74         1001.42 Powers and duties of district school board.—The
   75  district school board, acting as a board, shall exercise all
   76  powers and perform all duties listed below:
   77         (24) EMPLOYMENT CONTRACTS.—If a school district enters into
   78  a contract or employment agreement, or renewal or renegotiation
   79  of an existing contract or employment agreement, with an
   80  officer, agent, employee, or contractor which contains a
   81  provision for severance pay, the contract or employment
   82  agreement must include the provisions of s. 215.425. A district
   83  school board may not enter into an employment contract that
   84  requires the district to pay from state funds an employee an
   85  amount in excess of 1 year of the employee’s annual salary for
   86  termination, buyout, or any other type of contract settlement.
   87  This subsection does not prohibit the payment of earned leave
   88  and benefits in accordance with the district’s leave and
   89  benefits policies which were accrued by the employee before the
   90  contract terminates.
   91         (25) INTERLOCAL AGREEMENTS.—Each district school board
   92  shall enter into an interlocal agreement as provided in s.
   93  163.01 for the purpose of establishing the School District
   94  Consortium and maximizing the purchasing power for goods and
   95  services. A consortium may be statewide or regional, as
   96  appropriate to achieve the lowest cost.
   97         (26)(25) ADOPT RULES.—Adopt rules pursuant to ss.
   98  120.536(1) and 120.54 to implement this section.
   99         Section 2. Subsection (2) of section 1001.50, Florida
  100  Statutes, is amended to read:
  101         1001.50 Superintendents employed under Art. IX of the State
  102  Constitution.—
  103         (2) Each The district school board of each of such
  104  districts shall enter into an employment contract contracts of
  105  employment with the district school superintendent and shall
  106  adopt rules relating to his or her appointment; however, if the
  107  employment contract contains a provision for severance pay, it
  108  must include the provisions required by s. 215.425. the district
  109  school board may not enter into an employment contract that
  110  requires the district to pay from state funds a superintendent
  111  an amount in excess of 1 year of the superintendent’s annual
  112  salary for termination, buyout, or any other type of contract
  113  settlement. This subsection does not prohibit the payment of
  114  earned leave and benefits in accordance with the district’s
  115  leave and benefits policies which were accrued by the
  116  superintendent before the contract terminates.
  117         Section 3. Paragraph (a) of subsection (20) of section
  118  1002.33, Florida Statutes, is amended to read:
  119         1002.33 Charter schools.—
  120         (20) SERVICES.—
  121         (a)1. A sponsor shall provide certain administrative and
  122  educational services to charter schools. These services shall
  123  include contract management services; full-time equivalent and
  124  data reporting services; exceptional student education
  125  administration services; services related to eligibility and
  126  reporting duties required to ensure that school lunch services
  127  under the federal lunch program, consistent with the needs of
  128  the charter school, are provided by the school district at the
  129  request of the charter school, that any funds due to the charter
  130  school under the federal lunch program be paid to the charter
  131  school as soon as the charter school begins serving food under
  132  the federal lunch program, and that the charter school is paid
  133  at the same time and in the same manner under the federal lunch
  134  program as other public schools serviced by the sponsor or the
  135  school district; test administration services, including payment
  136  of the costs of state-required or district-required student
  137  assessments; processing of teacher certificate data services;
  138  and information services, including equal access to student
  139  information systems that are used by public schools in the
  140  district in which the charter school is located. Student
  141  performance data for each student in a charter school,
  142  including, but not limited to, FCAT scores, standardized test
  143  scores, previous public school student report cards, and student
  144  performance measures, shall be provided by the sponsor to a
  145  charter school in the same manner provided to other public
  146  schools in the district.
  147         2. A total administrative fee for the provision of such
  148  services shall be calculated based upon up to 5 percent of the
  149  available funds defined in paragraph (17)(b) for all students,
  150  except that when 75 percent or more of the students enrolled in
  151  the charter school are exceptional students as defined in s.
  152  1003.01(3), the 5 percent of those available funds shall be
  153  calculated based on unweighted full-time equivalent students.
  154  However, a sponsor may only withhold up to a 5-percent
  155  administrative fee for enrollment for up to and including 250
  156  students. For charter schools with a population of 251 or more
  157  students, the difference between the total administrative fee
  158  calculation and the amount of the administrative fee withheld
  159  may only be used for capital outlay purposes specified in s.
  160  1013.62(2).
  161         3. For high-performing charter schools, as defined in ch.
  162  2011-232, a sponsor may withhold a total administrative fee of
  163  up to 2 percent for enrollment up to and including 250 students
  164  per school.
  165         4. In addition, a sponsor may withhold only up to a 5
  166  percent administrative fee for enrollment for up to and
  167  including 500 students within a system of charter schools which
  168  meets all of the following:
  169         a. Includes both conversion charter schools and
  170  nonconversion charter schools;
  171         b. Has all schools located in the same county;
  172         c. Has a total enrollment exceeding the total enrollment of
  173  at least one school district in the state;
  174         d. Has the same governing board; and
  175         e. Does not contract with a for-profit service provider for
  176  management of school operations.
  177         5. The difference between the total administrative fee
  178  calculation and the amount of the administrative fee withheld
  179  pursuant to subparagraph 4. may be used for instructional and
  180  administrative purposes as well as for capital outlay purposes
  181  specified in s. 1013.62(2).
  182         6. For a high-performing charter school system that also
  183  meets the requirements in subparagraph 4., a sponsor may
  184  withhold a 2-percent administrative fee for enrollments up to
  185  and including 500 students per system.
  186         7. Sponsors shall not charge charter schools any additional
  187  fees or surcharges for administrative and educational services
  188  in addition to the maximum 5-percent administrative fee withheld
  189  pursuant to this paragraph.
  190         8. The sponsor of a virtual charter school may withhold a
  191  fee of up to 5 percent. The funds shall be used to cover the
  192  cost of services provided under subparagraph 1. and for the
  193  school district’s local instructional improvement system
  194  pursuant to s. 1006.281 or other technological tools that are
  195  required to access electronic and digital instructional
  196  materials.
  197         Section 4. Paragraph (a) of subsection (4) of section
  198  1003.03, Florida Statutes, is amended to read:
  199         1003.03 Maximum class size.—
  200         (4) ACCOUNTABILITY.—
  201         (a) If the department determines that the number of
  202  students assigned to any individual class exceeds the class size
  203  maximum, as required in subsection (1), based upon the October
  204  student membership survey, the department shall:
  205         1. Identify, for each grade group, the number of classes in
  206  which the number of students exceeds the maximum and the total
  207  number of students which exceeds the maximum for all classes.
  208         2. Determine the number of FTE students which exceeds the
  209  maximum for each grade group.
  210         3. Multiply the total number of FTE students which exceeds
  211  the maximum for each grade group by the district’s FTE dollar
  212  amount of the class size categorical allocation for that year
  213  and calculate the total for all three grade groups.
  214         4. Multiply the total number of FTE students which exceeds
  215  the maximum for all classes by an amount equal to 50 percent of
  216  the base student allocation adjusted by the district cost
  217  differential for the 2010-2011 fiscal year through the 2013-2014
  218  fiscal year and by an amount equal to the base student
  219  allocation adjusted by the district cost differential beginning
  220  in the 2014-2015 2011-2012 fiscal year and thereafter.
  221         5. Reduce the district’s class size categorical allocation
  222  by an amount equal to the sum of the calculations in
  223  subparagraphs 3. and 4.
  224         Section 5. Subsection (12) of section 1003.52, Florida
  225  Statutes, is amended to read:
  226         1003.52 Educational services in Department of Juvenile
  227  Justice programs.—
  228         (12)(a)Funding for eligible students enrolled in juvenile
  229  justice education programs shall be provided through the Florida
  230  Education Finance Program as provided in s. 1011.62 and the
  231  General Appropriations Act. Funding shall include, at a minimum:
  232         1. Weighted program funding or the basic amount for current
  233  operation multiplied by the district cost differential as
  234  provided in s. 1011.62(1)(r) and (2);
  235         2. The supplemental allocation for juvenile justice
  236  education as provided in s. 1011.62(10);
  237         3. A proportionate share of the district’s exceptional
  238  student education guaranteed allocation, the supplemental
  239  academic instruction allocation, and the instructional materials
  240  allocation;
  241         4. An amount equivalent to the proportionate share of the
  242  state average potential discretionary local effort for
  243  operations, which shall be determined as follows:
  244         a. If the district levies the maximum discretionary local
  245  effort and the district’s discretionary local effort per FTE is
  246  less than the state average potential discretionary local effort
  247  per FTE, the proportionate share shall include both the
  248  discretionary local effort and the compression supplement per
  249  FTE. If the district’s discretionary local effort per FTE is
  250  greater than the state average per FTE, the proportionate share
  251  shall be equal to the state average; or
  252         b. If the district does not levy the maximum discretionary
  253  local effort and the district’s actual discretionary local
  254  effort per FTE is less than the state average potential
  255  discretionary local effort per FTE, the proportionate share
  256  shall be equal to the district’s actual discretionary local
  257  effort per FTE. If the district’s actual discretionary local
  258  effort per FTE is greater than the state average per FTE, the
  259  proportionate share shall be equal to the state average
  260  potential local effort per FTE; and
  261         5. A proportionate share of the district’s proration to
  262  funds available, if necessary. The district school board shall
  263  fund the educational program in a Department of Juvenile Justice
  264  facility at the same or higher level of funding for equivalent
  265  students in the district school system based on the funds
  266  generated by state funding through the Florida Education Finance
  267  Program for such students. It is the intent of the Legislature
  268  that the school district maximize its available local, state,
  269  and federal funding to a juvenile justice program.
  270         (a) Juvenile justice educational programs shall be funded
  271  in the appropriate FEFP program based on the educational
  272  services needed by the student for Department of Juvenile
  273  Justice programs in accordance with s. 1011.62.
  274         (b) Juvenile justice educational programs to receive the
  275  appropriate FEFP funding for Department of Juvenile Justice
  276  programs shall include those operated through a contract with
  277  the Department of Juvenile Justice and which are under purview
  278  of the Department of Juvenile Justice quality assurance
  279  standards for education.
  280         (c) Consistent with the rules of the State Board of
  281  Education, district school boards are required to request an
  282  alternative FTE survey for Department of Juvenile Justice
  283  programs experiencing fluctuations in student enrollment.
  284         (d) FTE count periods shall be prescribed in rules of the
  285  State Board of Education and shall be the same for programs of
  286  the Department of Juvenile Justice as for other public school
  287  programs. The summer school period for students in Department of
  288  Juvenile Justice programs shall begin on the day immediately
  289  following the end of the regular school year and end on the day
  290  immediately preceding the subsequent regular school year.
  291  Students shall be funded for no more than 25 hours per week of
  292  direct instruction.
  293         (e) Each juvenile justice education program must receive
  294  all federal funds for which the program is eligible.
  295         Section 6. Subsection (2) of section 1006.40, Florida
  296  Statutes, is amended to read:
  297         1006.40 Use of instructional materials allocation;
  298  instructional materials, library books, and reference books;
  299  repair of books.—
  300         (2) Each district school board must purchase current
  301  instructional materials to provide each student with a major
  302  tool of instruction in core courses of the subject areas of
  303  mathematics, language arts, science, social studies, reading,
  304  and literature for kindergarten through grade 12. Such purchase
  305  must be made within the first 2 years after the effective date
  306  of the adoption cycle; however, upon request of a school
  307  district, the Commissioner of Education may provide a waiver of
  308  the 2-year requirement if the school district demonstrates that
  309  the content of the instructional materials is provided by
  310  alternative means.
  311         Section 7. Paragraph (c) of subsection (1) and subsection
  312  (4) of section 1011.61, Florida Statutes, are amended to read:
  313         1011.61 Definitions.—Notwithstanding the provisions of s.
  314  1000.21, the following terms are defined as follows for the
  315  purposes of the Florida Education Finance Program:
  316         (1) A “full-time equivalent student” in each program of the
  317  district is defined in terms of full-time students and part-time
  318  students as follows:
  319         (c)1. A “full-time equivalent student” is:
  320         a. A full-time student in any one of the programs listed in
  321  s. 1011.62(1)(c); or
  322         b. A combination of full-time or part-time students in any
  323  one of the programs listed in s. 1011.62(1)(c) which is the
  324  equivalent of one full-time student based on the following
  325  calculations:
  326         (I) A full-time student in a combination of programs listed
  327  in s. 1011.62(1)(c) shall be a fraction of a full-time
  328  equivalent membership in each special program equal to the
  329  number of net hours per school year for which he or she is a
  330  member, divided by the appropriate number of hours set forth in
  331  subparagraph (a)1. or subparagraph (a)2. The sum of the
  332  fractions for each program may not exceed the maximum value set
  333  forth in subsection (4). The difference between that fraction or
  334  sum of fractions and the maximum value as set forth in
  335  subsection (4) for each full-time student is presumed to be the
  336  balance of the student’s time not spent in such special
  337  education programs and shall be recorded as time in the
  338  appropriate basic program.
  339         (II) A prekindergarten handicapped student shall meet the
  340  requirements specified for kindergarten students.
  341         (III) A full-time equivalent student for students in
  342  kindergarten through grade 5 in a virtual instruction program
  343  under s. 1002.45 or a virtual charter school under s. 1002.33
  344  shall consist of a student who has successfully completed a
  345  basic program listed in s. 1011.62(1)(c)1.a. or b., and who is
  346  promoted to a higher grade level.
  347         (IV) A full-time equivalent student for students in grades
  348  6 through 12 in a virtual instruction program under s.
  349  1002.45(1)(b)1., 2., or 3. or a virtual charter school under s.
  350  1002.33 shall consist of six full credit completions in programs
  351  listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit completions
  352  may be a combination of full-credit courses or half-credit
  353  courses. Beginning in the 2014-2015 fiscal year, when s.
  354  1008.22(3)(g) is implemented, the reported full-time equivalent
  355  students and associated funding of students enrolled in courses
  356  requiring passage of an end-of-course assessment shall be
  357  adjusted after the student completes the end-of-course
  358  assessment.
  359         (V) A Florida Virtual School full-time equivalent student
  360  shall consist of six full credit completions or the prescribed
  361  level of content that counts toward promotion to the next grade
  362  in the programs listed in s. 1011.62(1)(c)1.a. and b. for
  363  kindergarten through grade 8 and the programs listed in s.
  364  1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
  365  may be a combination of full-credit courses or half-credit
  366  courses. Beginning in the 2014-2015 fiscal year, when s.
  367  1008.22(3)(g) is implemented, the reported full-time equivalent
  368  students and associated funding of students enrolled in courses
  369  requiring passage of an end-of-course assessment shall be
  370  adjusted after the student completes the end-of-course
  371  assessment.
  372         (VI) Each successfully completed full-credit course earned
  373  through an online course delivered by a district other than the
  374  one in which the student resides shall be calculated as 1/6 FTE.
  375         (VII) Each successfully completed credit earned under the
  376  alternative high school course credit requirements authorized in
  377  s. 1002.375, which is not reported as a portion of the 900 net
  378  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  379  calculated as 1/6 FTE.
  380         2. A student in membership in a program scheduled for more
  381  or less than 180 school days or the equivalent on an hourly
  382  basis as specified by rules of the State Board of Education is a
  383  fraction of a full-time equivalent membership equal to the
  384  number of instructional hours in membership divided by the
  385  appropriate number of hours set forth in subparagraph (a)1.;
  386  however, for the purposes of this subparagraph, membership in
  387  programs scheduled for more than 180 days is limited to students
  388  enrolled in juvenile justice education programs and the Florida
  389  Virtual School.
  390  
  391  The department shall determine and implement an equitable method
  392  of equivalent funding for experimental schools and for schools
  393  operating under emergency conditions, which schools have been
  394  approved by the department to operate for less than the minimum
  395  school day.
  396         (4) The maximum value for funding a student in kindergarten
  397  through grade 12 or in a prekindergarten program for exceptional
  398  children as provided in s. 1003.21(1)(e), except for a student
  399  as set forth in sub-sub-subparagraph (1)(c)1.b.(I), is one full
  400  time equivalent student membership for a school year or
  401  equivalent.
  402         Section 8. Paragraph (f) of subsection (1), paragraph (b)
  403  of subsection (6), subsection (9), and paragraph (b) of
  404  subsection (13) of section 1011.62, Florida Statutes, are
  405  amended to read:
  406         1011.62 Funds for operation of schools.—If the annual
  407  allocation from the Florida Education Finance Program to each
  408  district for operation of schools is not determined in the
  409  annual appropriations act or the substantive bill implementing
  410  the annual appropriations act, it shall be determined as
  411  follows:
  412         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  413  OPERATION.—The following procedure shall be followed in
  414  determining the annual allocation to each district for
  415  operation:
  416         (f) Supplemental academic instruction; categorical fund.—
  417         1. There is created a categorical fund to provide
  418  supplemental academic instruction to students in kindergarten
  419  through grade 12. This paragraph may be cited as the
  420  “Supplemental Academic Instruction Categorical Fund.”
  421         2. Categorical funds for supplemental academic instruction
  422  shall be allocated annually to each school district in the
  423  amount provided in the General Appropriations Act. These funds
  424  shall be in addition to the funds appropriated on the basis of
  425  FTE student membership in the Florida Education Finance Program
  426  and shall be included in the total potential funds of each
  427  district. These funds shall be used to provide supplemental
  428  academic instruction to students enrolled in the K-12 program.
  429  For the 2012-2013 and 2013-2014 fiscal years, each school
  430  district that has elementary schools designated as having a
  431  grade of “D” or “F” or elementary schools that are on the
  432  Persistently Low Achieving list shall use these funds, together
  433  with the funds provided in the school district’s research-based
  434  reading instruction allocation and other available funds, to
  435  provide an additional hour of instruction beyond the normal
  436  school day for each day of the entire school year for the
  437  purpose of providing intensive reading instruction for the
  438  students in such elementary schools. After this requirement has
  439  been met, supplemental instruction strategies may include, but
  440  are not limited to: modified curriculum, reading instruction,
  441  after-school instruction, tutoring, mentoring, class size
  442  reduction, extended school year, intensive skills development in
  443  summer school, and other methods for improving student
  444  achievement. Supplemental instruction may be provided to a
  445  student in any manner and at any time during or beyond the
  446  regular 180-day term identified by the school as being the most
  447  effective and efficient way to best help that student progress
  448  from grade to grade and to graduate.
  449         3. Effective with the 1999-2000 fiscal year, funding on the
  450  basis of FTE membership beyond the 180-day regular term shall be
  451  provided in the FEFP only for students enrolled in juvenile
  452  justice education programs or in education programs for
  453  juveniles placed in secure facilities or programs under s.
  454  985.19. Funding for instruction beyond the regular 180-day
  455  school year for all other K-12 students shall be provided
  456  through the supplemental academic instruction categorical fund
  457  and other state, federal, and local fund sources with ample
  458  flexibility for schools to provide supplemental instruction to
  459  assist students in progressing from grade to grade and
  460  graduating.
  461         4. The Florida State University School, as a lab school, is
  462  authorized to expend from its FEFP or Lottery Enhancement Trust
  463  Fund allocation the cost to the student of remediation in
  464  reading, writing, or mathematics for any graduate who requires
  465  remediation at a postsecondary educational institution.
  466         5. Beginning in the 1999-2000 school year, dropout
  467  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  468  (b), and (c), and 1003.54 shall be included in group 1 programs
  469  under subparagraph (d)3.
  470         (6) CATEGORICAL FUNDS.—
  471         (b) If a district school board finds and declares in a
  472  resolution adopted at a regular meeting of the school board that
  473  the funds received for any of the following categorical
  474  appropriations are urgently needed to maintain school board
  475  specified academic classroom instruction, the school board may
  476  consider and approve an amendment to the school district
  477  operating budget transferring the identified amount of the
  478  categorical funds to the appropriate account for expenditure:
  479         1. Funds for student transportation.
  480         2. Funds for safe schools.
  481         3. Funds for supplemental academic instruction if the
  482  required additional hour of instruction beyond the normal school
  483  day for each day of the entire school year has been provided for
  484  elementary schools designated as having a grade of “D” or “F” or
  485  elementary schools that are on the Persistently Low Achieving
  486  list pursuant to paragraph (1)(f).
  487         4. Funds for research-based reading instruction if the
  488  required additional hour of instruction beyond the normal school
  489  day for each day of the entire school year has been provided for
  490  the lowest-performing students pursuant to paragraph (9)(a).
  491         5. Funds for instructional materials if all instructional
  492  material purchases necessary to provide updated materials
  493  aligned to Next Generation Sunshine State Standards and
  494  benchmarks and that meet statutory requirements of content and
  495  learning have been completed for that fiscal year, but no sooner
  496  than March 1. Funds available after March 1 may be used to
  497  purchase hardware for student instruction.
  498         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
  499         (a) The research-based reading instruction allocation is
  500  created to provide comprehensive reading instruction to students
  501  in kindergarten through grade 12. For the 2012-2013 and 2013
  502  2014 fiscal years, priority shall be given to providing an
  503  additional hour per day of intensive reading instruction beyond
  504  the normal school day for each day of the entire school year to
  505  each school district’s lowest-performing students. The intensive
  506  reading instruction delivered in this additional hour shall
  507  include: research-based reading instruction that has been proven
  508  to accelerate progress of students exhibiting a reading
  509  deficiency; differentiated instruction based on student
  510  assessment data to meet students’ specific reading needs;
  511  explicit and systematic reading development in phonemic
  512  awareness, phonics, fluency, vocabulary, and comprehension, with
  513  more extensive opportunities for guided practice, error
  514  correction, and feedback; and the integration of social studies,
  515  science, and mathematics-text reading, text discussion, and
  516  writing in response to reading. For the 2012-2013 and 2013-2014
  517  fiscal years, a school district may not hire more reading
  518  coaches than were hired during the 2011-2012 fiscal year unless
  519  all students in kindergarten through grade 5 who demonstrate a
  520  reading deficiency, as determined by district and state
  521  assessments, including students scoring Level 1 or Level 2 on
  522  FCAT Reading, are provided an additional hour per day of
  523  intensive reading instruction beyond the normal school day for
  524  each day of the entire school year.
  525         (b) Funds for comprehensive, research-based reading
  526  instruction shall be allocated annually to each school district
  527  in the amount provided in the General Appropriations Act. Each
  528  eligible school district shall receive the same minimum amount
  529  as specified in the General Appropriations Act, and any
  530  remaining funds shall be distributed to eligible school
  531  districts based on each school district’s proportionate share of
  532  K-12 base funding.
  533         (c) Funds allocated under this subsection must be used to
  534  provide a system of comprehensive reading instruction to
  535  students enrolled in the K-12 programs, which may include the
  536  following:
  537         1.The provision of effective or highly effective reading
  538  teachers to provide an additional hour per day of intensive
  539  reading instruction to the lowest-performing elementary school
  540  students.
  541         2. Kindergarten through grade 5 reading intervention
  542  teachers to provide intensive intervention during the school day
  543  and in the required extra hour for students identified as having
  544  a reading deficiency.
  545         3.1. The provision of highly qualified reading coaches to
  546  specifically support teachers in making instructional decisions
  547  based on student data, and improve teacher delivery of effective
  548  reading instruction, intervention, and reading in the content
  549  areas based on student need.
  550         4.2. Professional development for school district teachers
  551  in scientifically based reading instruction, including
  552  strategies to teach reading in content areas and with an
  553  emphasis on technical and informational text.
  554         5.3. The provision of summer reading camps for all students
  555  in kindergarten through grade 2 who demonstrate a reading
  556  deficiency as determined by district and state assessments, and
  557  students in grades 3 through 5 who score at Level 1 on FCAT
  558  Reading.
  559         6.4. The provision of supplemental instructional materials
  560  that are grounded in scientifically based reading research.
  561         7.5. The provision of intensive interventions for middle
  562  and high school students in kindergarten through grade 12 who
  563  have been identified as having a reading deficiency or who are
  564  reading below grade level as determined by the FCAT.
  565         (d) Annually, by a date determined by the Department of
  566  Education but before May 1, school districts shall submit a K-12
  567  comprehensive reading plan for the specific use of the research
  568  based reading instruction allocation in the format prescribed by
  569  the department for review and approval by the Just Read,
  570  Florida! Office created pursuant to s. 1001.215. The plan
  571  annually submitted by school districts shall be deemed approved
  572  unless the department rejects the plan on or before June 1. If a
  573  school district and the Just Read, Florida! Office cannot reach
  574  agreement on the contents of the plan, the school district may
  575  appeal to the State Board of Education for resolution. School
  576  districts shall be allowed reasonable flexibility in designing
  577  their plans and shall be encouraged to offer reading
  578  intervention remediation through innovative methods, including
  579  career academies. The plan format shall be developed with input
  580  from school district personnel, including teachers and
  581  principals, and shall allow courses in core, career, and
  582  alternative programs that deliver intensive reading remediation
  583  through integrated curricula, provided that the teacher is
  584  deemed highly qualified to teach reading or working toward that
  585  status. No later than July 1 annually, the department shall
  586  release the school district’s allocation of appropriated funds
  587  to those districts having approved plans. A school district that
  588  spends 100 percent of this allocation on its approved plan shall
  589  be deemed to have been in compliance with the plan. The
  590  department may withhold funds upon a determination that reading
  591  instruction allocation funds are not being used to implement the
  592  approved plan. The department shall monitor and track the
  593  implementation of each district plan, including conducting site
  594  visits and collecting specific data on expenditures and reading
  595  improvement results. By February 1 of each year, the department
  596  shall report its findings to the Legislature.
  597         (13) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
  598  CURRENT OPERATION.—The total annual state allocation to each
  599  district for current operation for the FEFP shall be distributed
  600  periodically in the manner prescribed in the General
  601  Appropriations Act.
  602         (b) The amount thus obtained shall be the net annual
  603  allocation to each school district. However, if it is determined
  604  that any school district received an underallocation or
  605  overallocation for any prior year because of an arithmetical
  606  error, assessment roll change required by final judicial
  607  decision, full-time equivalent student membership error, or any
  608  allocation error revealed in an audit report, the allocation to
  609  that district shall be appropriately adjusted. Beginning with
  610  audits for the 2001-2002 fiscal year, if the adjustment is the
  611  result of an audit finding in which group 2 FTE are reclassified
  612  to the basic program and the district weighted FTE are over the
  613  weighted enrollment ceiling for group 2 programs, the adjustment
  614  shall not result in a gain of state funds to the district.
  615  Beginning with the 2011-2012 fiscal year, if a special program
  616  cost factor is less than the basic program cost factor, an audit
  617  adjustment may not result in the reclassification of the special
  618  program FTE to the basic program FTE. If the Department of
  619  Education audit adjustment recommendation is based upon
  620  controverted findings of fact, the Commissioner of Education is
  621  authorized to establish the amount of the adjustment based on
  622  the best interests of the state.
  623         Section 9. Paragraph (a) of subsection (10) of section
  624  1013.03, Florida Statutes, is amended to read:
  625         1013.03 Functions of the department and the Board of
  626  Governors.—The functions of the Department of Education as it
  627  pertains to educational facilities of school districts and
  628  Florida College System institutions and of the Board of
  629  Governors as it pertains to educational facilities of state
  630  universities shall include, but not be limited to, the
  631  following:
  632         (10)(a) Review and validate surveys proposed or amended by
  633  the boards and recommend to the Commissioner of Education, or
  634  the Chancellor of the State University System, as appropriate,
  635  for approval, surveys that meet the requirements of this
  636  chapter.
  637         1. The term “validate” as applied to surveys by school
  638  districts means to review inventory data as submitted to the
  639  department by district school boards; provide for review and
  640  inspection, where required, of student stations and aggregate
  641  square feet of inventory changed from satisfactory to
  642  unsatisfactory or changed from unsatisfactory to satisfactory;
  643  compare new school inventory to allocation limits provided by
  644  this chapter; review cost projections for conformity with cost
  645  limits set by s. 1013.64(6); compare total capital outlay full
  646  time equivalent enrollment projections in the survey with the
  647  department’s projections; review facilities lists to verify that
  648  student station and auxiliary facility space allocations do not
  649  exceed the limits provided by this chapter and related rules;
  650  review and confirm the application of uniform facility
  651  utilization factors, where provided by this chapter or related
  652  rules; utilize the documentation of programs offered per site,
  653  as submitted by the board, to analyze facility needs; confirm
  654  that need projections for career and adult educational programs
  655  comply with needs documented by the Department of Education; and
  656  confirm the assignment of full-time student stations to all
  657  space except auxiliary facilities, which, for purposes of
  658  exemption from student station assignment, include the
  659  following:
  660         a. Cafeterias.
  661         b. Multipurpose dining areas.
  662         c. Media centers.
  663         d. Auditoriums.
  664         e. Administration.
  665         f. Elementary, middle, and high school resource rooms, up
  666  to the number of such rooms recommended for the applicable
  667  occupant and space design capacity of the educational plant in
  668  the State Requirements for Educational Facilities, beyond which
  669  student stations must be assigned.
  670         g. Elementary school skills labs, up to the number of such
  671  rooms recommended for the applicable occupant and space design
  672  capacity of the educational plant in the State Requirements for
  673  Educational Facilities, beyond which student stations must be
  674  assigned.
  675         h. Elementary school art and music rooms.
  676  
  677  The Commissioner of Education may grant a waiver from the
  678  requirements of this subparagraph if a district school board
  679  determines that such waiver will make possible a substantial
  680  savings of funds or will be advantageous to the welfare of the
  681  educational system. The district school board shall present a
  682  full statement to the commissioner which sets forth the facts
  683  that warrant the waiver. If the commissioner denies a request
  684  for a waiver, the district school board may appeal such decision
  685  to the State Board of Education.
  686         2. The term “validate” as applied to surveys by Florida
  687  College System institutions and universities means to review and
  688  document the approval of each new site and official designation,
  689  where applicable; review the inventory database as submitted by
  690  each board to the department, including noncareer, and total
  691  capital outlay full-time equivalent enrollment projections per
  692  site and per college; provide for the review and inspection,
  693  where required, of student stations and aggregate square feet of
  694  space changed from satisfactory to unsatisfactory; utilize and
  695  review the documentation of programs offered per site submitted
  696  by the boards as accurate for analysis of space requirements and
  697  needs; confirm that needs projected for career and adult
  698  educational programs comply with needs documented by the
  699  Department of Education; compare new facility inventory to
  700  allocations limits as provided in this chapter; review cost
  701  projections for conformity with state averages or limits
  702  designated by this chapter; compare student enrollment
  703  projections in the survey to the department’s projections;
  704  review facilities lists to verify that area allocations and
  705  space factors for generating space needs do not exceed the
  706  limits as provided by this chapter and related rules; confirm
  707  the application of facility utilization factors as provided by
  708  this chapter and related rules; and review, as submitted,
  709  documentation of how survey recommendations will implement the
  710  detail of current campus master plans and integrate with local
  711  comprehensive plans and development regulations.
  712         Section 10. Paragraph (f) of subsection (2) of section
  713  1013.35, Florida Statutes, is amended to read:
  714         1013.35 School district educational facilities plan;
  715  definitions; preparation, adoption, and amendment; long-term
  716  work programs.—
  717         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
  718  FACILITIES PLAN.—
  719         (f) Commencing on October 1, 2002, and Not less than once
  720  every 5 years thereafter, the district school board shall have
  721  contract with a qualified, independent third party to conduct a
  722  financial management and performance audit conducted of the
  723  educational planning and construction activities of the
  724  district. An audit conducted by the Office of Program Policy
  725  Analysis and Government Accountability and the Auditor General
  726  pursuant to s. 1008.35 satisfies this requirement.
  727         Section 11. Notwithstanding the amendments made by this act
  728  to s. 1003.03(4)(a)4., Florida Statutes, for the 2011-2012
  729  fiscal year, the calculation required by that subparagraph shall
  730  be an amount equal to 50 percent of the base student allocation
  731  adjusted by the district cost differential. This section shall
  732  take effect upon this act becoming a law.
  733         Section 12. Notwithstanding the required review by the
  734  Legislative Budget Commission pursuant to s. 1003.03(4)(c),
  735  Florida Statutes, and s. 41 of chapter 2011-55, Laws of Florida,
  736  for the 2011-2012 fiscal year, the alternate compliance
  737  calculation amounts to the class size operating categorical fund
  738  authorized by s. 1003.03(4)(c), Florida Statutes, shall be the
  739  reduction calculation required by s. 1003.03(4), Florida
  740  Statutes. The Commissioner of Education shall modify payments to
  741  districts as required by s. 1003.03(4), Florida Statutes, for
  742  the 2011-2012 fiscal year. This section shall take effect upon
  743  this act becoming a law.
  744         Section 13. Except as otherwise expressly provided in this
  745  act and except for this section, which shall take effect upon
  746  this act becoming a law, this act shall take effect July 1,
  747  2012.