Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1096
       
       
       
       
       
       
                                Barcode 730152                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2013           .                                
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       The Committee on Education (Montford) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 403.7032, Florida
    6  Statutes, is amended to read:
    7         403.7032 Recycling.—
    8         (3) Each state agency, K-12 public school, public
    9  institution of higher learning, community college, and state
   10  university, including all buildings that are occupied by
   11  municipal, county, or state employees and entities occupying
   12  buildings managed by the Department of Management Services,
   13  must, at a minimum, annually report all recycled materials to
   14  the county using the department’s designated reporting format.
   15  Private businesses, other than certified recovered materials
   16  dealers, that recycle paper, metals, glass, plastics, textiles,
   17  rubber materials, and mulch, are encouraged to report the amount
   18  of materials they recycle to the county annually beginning
   19  January 1, 2011, using the department’s designated reporting
   20  format. Using the information provided, the department shall
   21  recognize those private businesses that demonstrate outstanding
   22  recycling efforts. Notwithstanding any other provision of state
   23  or county law, private businesses, other than certified
   24  recovered materials dealers, shall not be required to report
   25  recycling rates. Cities with less than a population of 2,500 and
   26  per capita taxable value less than $48,000 and cities with a per
   27  capita taxable value less than $30,000 are exempt from the
   28  reporting requirement specified in this subsection.
   29         Section 2. Subsection (3) of section 1001.26, Florida
   30  Statutes, is repealed.
   31         Section 3. Section 1001.435, Florida Statutes, is repealed.
   32         Section 4. Subsections (4), (6), and (9) of section
   33  1002.23, Florida Statutes, are repealed.
   34         Section 5. Subsection (10) of section 1002.32, Florida
   35  Statutes, is repealed.
   36         Section 6. Section 1002.361, Florida Statutes, is repealed.
   37         Section 7. Section 1002.375, Florida Statutes, is repealed.
   38         Section 8. Subsection (1) of section 1003.4285, Florida
   39  Statutes, is repealed.
   40         Section 9. Section 1003.43, Florida Statutes, is repealed.
   41         Section 10. Subsection (5) of section 1003.433, Florida
   42  Statutes, is repealed.
   43         Section 11. Subsection (2) of section 1003.453, Florida
   44  Statutes, is repealed.
   45         Section 12. Section 1003.496, Florida Statutes, is
   46  repealed.
   47         Section 13. Section 1004.05, Florida Statutes, is repealed.
   48         Section 14. Paragraphs (c) and (d) of subsection (5) of
   49  section 1004.435, Florida Statutes, are amended to read:
   50         1004.435 Cancer control and research.—
   51         (5) RESPONSIBILITIES OF THE BOARD OF GOVERNORS, THE H. LEE
   52  MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE
   53  STATE SURGEON GENERAL.—
   54         (c) The Board of Governors or the State Surgeon General,
   55  after consultation with the council, may adopt rules necessary
   56  for the implementation of this section.
   57         (c)(d) The State Surgeon General, after consultation with
   58  the council, shall make rules specifying to what extent and on
   59  what terms and conditions cancer patients of the state may
   60  receive financial aid for the diagnosis and treatment of cancer
   61  in any hospital or clinic selected. The department may furnish
   62  to citizens of this state who are afflicted with cancer
   63  financial aid to the extent of the appropriation provided for
   64  that purpose in a manner which in its opinion will afford the
   65  greatest benefit to those afflicted and may make arrangements
   66  with hospitals, laboratories, or clinics to afford proper care
   67  and treatment for cancer patients in this state.
   68         Section 15. Paragraph (g) of subsection (2) of section
   69  1004.45, Florida Statutes, is amended to read:
   70         1004.45 Ringling Center for Cultural Arts.—
   71         (2)
   72         (g) The university, in consultation with the direct-support
   73  organization, shall establish policies and may adopt rules for
   74  the sale or exchange of works of art.
   75         Section 16. Section 1004.62, Florida Statutes, is repealed.
   76         Section 17. Section 1004.77, Florida Statutes, is repealed.
   77         Section 18. Section 1006.02, Florida Statutes, is repealed.
   78         Section 19. Section 1006.035, Florida Statutes, is
   79  repealed.
   80         Section 20. Section 1006.051, Florida Statutes, is
   81  repealed.
   82         Section 21. Paragraph (d) of subsection (1) of section
   83  1006.09, Florida Statutes, is repealed.
   84         Section 22. Sections 1006.17 and 1006.70, Florida Statutes,
   85  are repealed.
   86         Section 23. Section 1006.65, Florida Statutes, is repealed.
   87         Section 24. Section 1007.21, Florida Statutes, is repealed.
   88         Section 25. Subsection (10) of section 1007.35, Florida
   89  Statutes, is repealed.
   90         Section 26. Paragraphs (d) and (e) of subsection (3) of
   91  section 1008.31, Florida Statutes, are repealed.
   92         Section 27. Section 1009.68, Florida Statutes, is repealed.
   93         Section 28. Section 1009.85, Florida Statutes, is amended
   94  to read:
   95         1009.85 Participation in guaranteed student loan program.
   96  The State Board of Education shall adopt rules necessary for
   97  participation in the guaranteed student loan program, as
   98  provided by the Higher Education Act of 1965 (20 U.S.C. ss. 1071
   99  et seq.), as amended or as may be amended. The intent of this
  100  act is to authorize student loans when this state, through the
  101  Department of Education, has become an eligible lender under the
  102  provisions of the applicable federal laws providing for the
  103  guarantee of loans to students and the partial payment of
  104  interest on such loans by the United States Government.
  105         Section 29. Section 1012.58, Florida Statutes, is repealed.
  106         Section 30. Subsection (6) of section 1012.71, Florida
  107  Statutes, is repealed.
  108         Section 31. Section 1013.231, Florida Statutes, is
  109  repealed.
  110         Section 32. Section 1013.32, Florida Statutes, is repealed.
  111         Section 33. Sections 1013.42 and 1013.72, Florida Statutes,
  112  are repealed.
  113         Section 34. Sections 1013.502 and 1013.721, Florida
  114  Statutes, are repealed.
  115         Section 35. Effective July 1, 2013, subsection (7) of
  116  section 1013.64, Florida Statutes, is repealed.
  117         Section 36. Section 1013.73, Florida Statutes, is repealed.
  118         Section 37. Paragraph (c) of subsection (1) of section
  119  120.81, Florida Statutes, is amended to read:
  120         120.81 Exceptions and special requirements; general areas.—
  121         (1) EDUCATIONAL UNITS.—
  122         (c) Notwithstanding s. 120.52(16), any tests, test scoring
  123  criteria, or testing procedures relating to student assessment
  124  which are developed or administered by the Department of
  125  Education pursuant to s. 1003.428 1003.43, s. 1003.429, s.
  126  1003.438, s. 1008.22, or s. 1008.25, or any other statewide
  127  educational tests required by law, are not rules.
  128         Section 38. Subsection (5) of section 250.115, Florida
  129  Statutes, is amended to read:
  130         250.115 Department of Military Affairs direct-support
  131  organization.—
  132         (5) ACTIVITIES; RESTRICTIONS.—Any transaction or agreement
  133  between the direct-support organization organized pursuant to
  134  this section and another direct-support organization or center
  135  of technology innovation designated under s. 1004.77 must be
  136  approved by the Department of Military Affairs.
  137         Section 39. Paragraph (b) of subsection (5) of section
  138  409.1451, Florida Statutes, is amended to read:
  139         409.1451 Independent living transition services.—
  140         (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER CARE.
  141  Based on the availability of funds, the department shall provide
  142  or arrange for the following services to young adults formerly
  143  in foster care who meet the prescribed conditions and are
  144  determined eligible by the department. The department, or a
  145  community-based care lead agency when the agency is under
  146  contract with the department to provide the services described
  147  under this subsection, shall develop a plan to implement those
  148  services. A plan shall be developed for each community-based
  149  care service area in the state. Each plan that is developed by a
  150  community-based care lead agency shall be submitted to the
  151  department. Each plan shall include the number of young adults
  152  to be served each month of the fiscal year and specify the
  153  number of young adults who will reach 18 years of age who will
  154  be eligible for the plan and the number of young adults who will
  155  reach 23 years of age and will be ineligible for the plan or who
  156  are otherwise ineligible during each month of the fiscal year;
  157  staffing requirements and all related costs to administer the
  158  services and program; expenditures to or on behalf of the
  159  eligible recipients; costs of services provided to young adults
  160  through an approved plan for housing, transportation, and
  161  employment; reconciliation of these expenses and any additional
  162  related costs with the funds allocated for these services; and
  163  an explanation of and a plan to resolve any shortages or
  164  surpluses in order to end the fiscal year with a balanced
  165  budget. The categories of services available to assist a young
  166  adult formerly in foster care to achieve independence are:
  167         (b) Road-to-Independence Program.—
  168         1. The Road-to-Independence Program is intended to help
  169  eligible students who are former foster children in this state
  170  to receive the educational and vocational training needed to
  171  achieve independence. The amount of the award shall be based on
  172  the living and educational needs of the young adult and may be
  173  up to, but may not exceed, the amount of earnings that the
  174  student would have been eligible to earn working a 40-hour-a
  175  week federal minimum wage job.
  176         2. A young adult who has earned a standard high school
  177  diploma or its equivalent as described in s. 1003.428, s.
  178  1003.429, 1003.43 or s. 1003.435, has earned a special diploma
  179  or special certificate of completion as described in s.
  180  1003.438, or has reached 18 years of age but is not yet 21 years
  181  of age is eligible for the initial award, and a young adult
  182  under 23 years of age is eligible for renewal awards, if he or
  183  she:
  184         a. Was a dependent child, under chapter 39, and was living
  185  in licensed foster care or in subsidized independent living at
  186  the time of his or her 18th birthday or is currently living in
  187  licensed foster care or subsidized independent living, or, after
  188  reaching the age of 16, was adopted from foster care or placed
  189  with a court-approved dependency guardian and has spent a
  190  minimum of 6 months in foster care immediately preceding such
  191  placement or adoption;
  192         b. Spent at least 6 months living in foster care before
  193  reaching his or her 18th birthday;
  194         c. Is a resident of this state as defined in s. 1009.40;
  195  and
  196         d. Meets one of the following qualifications:
  197         (I) Has earned a standard high school diploma or its
  198  equivalent as described in s. 1003.428, s. 1003.429, 1003.43 or
  199  s. 1003.435, or has earned a special diploma or special
  200  certificate of completion as described in s. 1003.438, and has
  201  been admitted for full-time enrollment in an eligible
  202  postsecondary education institution as defined in s. 1009.533;
  203         (II) Is enrolled full time in an accredited high school; or
  204         (III) Is enrolled full time in an accredited adult
  205  education program designed to provide the student with a high
  206  school diploma or its equivalent.
  207         3. A young adult applying for the Road-to-Independence
  208  Program must apply for any other grants and scholarships for
  209  which he or she may qualify. The department shall assist the
  210  young adult in the application process and may use the federal
  211  financial aid grant process to determine the funding needs of
  212  the young adult.
  213         4. An award shall be available to a young adult who is
  214  considered a full-time student or its equivalent by the
  215  educational institution in which he or she is enrolled, unless
  216  that young adult has a recognized disability preventing full
  217  time attendance. The amount of the award, whether it is being
  218  used by a young adult working toward completion of a high school
  219  diploma or its equivalent or working toward completion of a
  220  postsecondary education program, shall be determined based on an
  221  assessment of the funding needs of the young adult. This
  222  assessment must consider the young adult’s living and
  223  educational costs and other grants, scholarships, waivers,
  224  earnings, and other income to be received by the young adult. An
  225  award shall be available only to the extent that other grants
  226  and scholarships are not sufficient to meet the living and
  227  educational needs of the young adult, but an award may not be
  228  less than $25 in order to maintain Medicaid eligibility for the
  229  young adult as provided in s. 409.903.
  230         5. The amount of the award may be disregarded for purposes
  231  of determining the eligibility for, or the amount of, any other
  232  federal or federally supported assistance.
  233         6.a. The department must advertise the criteria,
  234  application procedures, and availability of the program to:
  235         (I) Children and young adults in, leaving, or formerly in
  236  foster care.
  237         (II) Case managers.
  238         (III) Guidance and family services counselors.
  239         (IV) Principals or other relevant school administrators.
  240         (V) Guardians ad litem.
  241         (VI) Foster parents.
  242         b. The department shall issue awards from the program for
  243  each young adult who meets all the requirements of the program
  244  to the extent funding is available.
  245         c. An award shall be issued at the time the eligible
  246  student reaches 18 years of age.
  247         d. A young adult who is eligible for the Road-to
  248  Independence Program, transitional support services, or
  249  aftercare services and who so desires shall be allowed to reside
  250  with the licensed foster family or group care provider with whom
  251  he or she was residing at the time of attaining his or her 18th
  252  birthday or to reside in another licensed foster home or with a
  253  group care provider arranged by the department.
  254         e. If the award recipient transfers from one eligible
  255  institution to another and continues to meet eligibility
  256  requirements, the award must be transferred with the recipient.
  257         f. Funds awarded to any eligible young adult under this
  258  program are in addition to any other services or funds provided
  259  to the young adult by the department through transitional
  260  support services or aftercare services.
  261         g. The department shall provide information concerning
  262  young adults receiving funding through the Road-to-Independence
  263  Program to the Department of Education for inclusion in the
  264  student financial assistance database, as provided in s.
  265  1009.94.
  266         h. Funds are intended to help eligible young adults who are
  267  former foster children in this state to receive the educational
  268  and vocational training needed to become independent and self
  269  supporting. The funds shall be terminated when the young adult
  270  has attained one of four postsecondary goals under subsection
  271  (3) or reaches 23 years of age, whichever occurs earlier. In
  272  order to initiate postsecondary education, to allow for a change
  273  in career goal, or to obtain additional skills in the same
  274  educational or vocational area, a young adult may earn no more
  275  than two diplomas, certificates, or credentials. A young adult
  276  attaining an associate of arts or associate of science degree
  277  shall be permitted to work toward completion of a bachelor of
  278  arts or a bachelor of science degree or an equivalent
  279  undergraduate degree. Road-to-Independence Program funds may not
  280  be used for education or training after a young adult has
  281  attained a bachelor of arts or a bachelor of science degree or
  282  an equivalent undergraduate degree.
  283         i. The department shall evaluate and renew each award
  284  annually during the 90-day period before the young adult’s
  285  birthday. In order to be eligible for a renewal award for the
  286  subsequent year, the young adult must:
  287         (I) Complete the number of hours, or the equivalent
  288  considered full time by the educational institution, unless that
  289  young adult has a recognized disability preventing full-time
  290  attendance, in the last academic year in which the young adult
  291  earned an award, except for a young adult who meets the
  292  requirements of s. 1009.41.
  293         (II) Maintain appropriate progress as required by the
  294  educational institution, except that, if the young adult’s
  295  progress is insufficient to renew the award at any time during
  296  the eligibility period, the young adult may restore eligibility
  297  by improving his or her progress to the required level.
  298         j. Funds may be terminated during the interim between an
  299  award and the evaluation for a renewal award if the department
  300  determines that the award recipient is no longer enrolled in an
  301  educational institution as defined in sub-subparagraph 2.d., or
  302  is no longer a state resident. The department shall notify a
  303  recipient who is terminated and inform the recipient of his or
  304  her right to appeal.
  305         k. An award recipient who does not qualify for a renewal
  306  award or who chooses not to renew the award may subsequently
  307  apply for reinstatement. An application for reinstatement must
  308  be made before the young adult reaches 23 years of age, and a
  309  student may not apply for reinstatement more than once. In order
  310  to be eligible for reinstatement, the young adult must meet the
  311  eligibility criteria and the criteria for award renewal for the
  312  program.
  313         Section 40. Subsection (7) of section 1001.11, Florida
  314  Statutes, is amended to read:
  315         1001.11 Commissioner of Education; other duties.—
  316         (7) The commissioner shall make prominently available on
  317  the department’s website the following: links to the Internet
  318  based clearinghouse for professional development regarding
  319  physical education; the school wellness and physical education
  320  policies and other resources required under s. 1003.453(1) and
  321  (2); and other Internet sites that provide professional
  322  development for elementary teachers of physical education as
  323  defined in s. 1003.01(16). These links must provide elementary
  324  teachers with information concerning current physical education
  325  and nutrition philosophy and best practices that result in
  326  student participation in physical activities that promote
  327  lifelong physical and mental well-being.
  328         Section 41. Paragraph (f) of subsection (3) and subsection
  329  (8) of section 1002.20, Florida Statutes, are amended to read:
  330         1002.20 K-12 student and parent rights.—Parents of public
  331  school students must receive accurate and timely information
  332  regarding their child’s academic progress and must be informed
  333  of ways they can help their child to succeed in school. K-12
  334  students and their parents are afforded numerous statutory
  335  rights including, but not limited to, the following:
  336         (3) HEALTH ISSUES.—
  337         (f) Career education courses involving hazardous
  338  substances.—High school students must be given plano safety
  339  glasses or devices in career education courses involving the use
  340  of hazardous substances likely to cause eye injury, in
  341  accordance with the provisions of s. 1006.65.
  342         (8) STUDENTS WITH DISABILITIES.—Parents of public school
  343  students with disabilities and parents of public school students
  344  in residential care facilities are entitled to notice and due
  345  process in accordance with the provisions of ss. 1003.57 and
  346  1003.58. Public school students with disabilities must be
  347  provided the opportunity to meet the graduation requirements for
  348  a standard high school diploma in accordance with the provisions
  349  of s. 1003.428(3) 1003.43(4). Certain public school students
  350  with disabilities may be awarded a special diploma upon high
  351  school graduation.
  352         Section 42. Paragraph (a) of subsection (7) of section
  353  1002.33, Florida Statutes, is amended to read:
  354         1002.33 Charter schools.—
  355         (7) CHARTER.—The major issues involving the operation of a
  356  charter school shall be considered in advance and written into
  357  the charter. The charter shall be signed by the governing board
  358  of the charter school and the sponsor, following a public
  359  hearing to ensure community input.
  360         (a) The charter shall address and criteria for approval of
  361  the charter shall be based on:
  362         1. The school’s mission, the students to be served, and the
  363  ages and grades to be included.
  364         2. The focus of the curriculum, the instructional methods
  365  to be used, any distinctive instructional techniques to be
  366  employed, and identification and acquisition of appropriate
  367  technologies needed to improve educational and administrative
  368  performance which include a means for promoting safe, ethical,
  369  and appropriate uses of technology which comply with legal and
  370  professional standards.
  371         a. The charter shall ensure that reading is a primary focus
  372  of the curriculum and that resources are provided to identify
  373  and provide specialized instruction for students who are reading
  374  below grade level. The curriculum and instructional strategies
  375  for reading must be consistent with the Sunshine State Standards
  376  and grounded in scientifically based reading research.
  377         b. In order to provide students with access to diverse
  378  instructional delivery models, to facilitate the integration of
  379  technology within traditional classroom instruction, and to
  380  provide students with the skills they need to compete in the
  381  21st century economy, the Legislature encourages instructional
  382  methods for blended learning courses consisting of both
  383  traditional classroom and online instructional techniques.
  384  Charter schools may implement blended learning courses which
  385  combine traditional classroom instruction and virtual
  386  instruction. Students in a blended learning course must be full
  387  time students of the charter school and receive the online
  388  instruction in a classroom setting at the charter school.
  389  Instructional personnel certified pursuant to s. 1012.55 who
  390  provide virtual instruction for blended learning courses may be
  391  employees of the charter school or may be under contract to
  392  provide instructional services to charter school students. At a
  393  minimum, such instructional personnel must hold an active state
  394  or school district adjunct certification under s. 1012.57 for
  395  the subject area of the blended learning course. The funding and
  396  performance accountability requirements for blended learning
  397  courses are the same as those for traditional courses.
  398         3. The current incoming baseline standard of student
  399  academic achievement, the outcomes to be achieved, and the
  400  method of measurement that will be used. The criteria listed in
  401  this subparagraph shall include a detailed description of:
  402         a. How the baseline student academic achievement levels and
  403  prior rates of academic progress will be established.
  404         b. How these baseline rates will be compared to rates of
  405  academic progress achieved by these same students while
  406  attending the charter school.
  407         c. To the extent possible, how these rates of progress will
  408  be evaluated and compared with rates of progress of other
  409  closely comparable student populations.
  410  
  411  The district school board is required to provide academic
  412  student performance data to charter schools for each of their
  413  students coming from the district school system, as well as
  414  rates of academic progress of comparable student populations in
  415  the district school system.
  416         4. The methods used to identify the educational strengths
  417  and needs of students and how well educational goals and
  418  performance standards are met by students attending the charter
  419  school. The methods shall provide a means for the charter school
  420  to ensure accountability to its constituents by analyzing
  421  student performance data and by evaluating the effectiveness and
  422  efficiency of its major educational programs. Students in
  423  charter schools shall, at a minimum, participate in the
  424  statewide assessment program created under s. 1008.22.
  425         5. In secondary charter schools, a method for determining
  426  that a student has satisfied the requirements for graduation in
  427  s. 1003.428 or, s. 1003.429, or s. 1003.43.
  428         6. A method for resolving conflicts between the governing
  429  board of the charter school and the sponsor.
  430         7. The admissions procedures and dismissal procedures,
  431  including the school’s code of student conduct.
  432         8. The ways by which the school will achieve a
  433  racial/ethnic balance reflective of the community it serves or
  434  within the racial/ethnic range of other public schools in the
  435  same school district.
  436         9. The financial and administrative management of the
  437  school, including a reasonable demonstration of the professional
  438  experience or competence of those individuals or organizations
  439  applying to operate the charter school or those hired or
  440  retained to perform such professional services and the
  441  description of clearly delineated responsibilities and the
  442  policies and practices needed to effectively manage the charter
  443  school. A description of internal audit procedures and
  444  establishment of controls to ensure that financial resources are
  445  properly managed must be included. Both public sector and
  446  private sector professional experience shall be equally valid in
  447  such a consideration.
  448         10. The asset and liability projections required in the
  449  application which are incorporated into the charter and shall be
  450  compared with information provided in the annual report of the
  451  charter school.
  452         11. A description of procedures that identify various risks
  453  and provide for a comprehensive approach to reduce the impact of
  454  losses; plans to ensure the safety and security of students and
  455  staff; plans to identify, minimize, and protect others from
  456  violent or disruptive student behavior; and the manner in which
  457  the school will be insured, including whether or not the school
  458  will be required to have liability insurance, and, if so, the
  459  terms and conditions thereof and the amounts of coverage.
  460         12. The term of the charter which shall provide for
  461  cancellation of the charter if insufficient progress has been
  462  made in attaining the student achievement objectives of the
  463  charter and if it is not likely that such objectives can be
  464  achieved before expiration of the charter. The initial term of a
  465  charter shall be for 4 or 5 years. In order to facilitate access
  466  to long-term financial resources for charter school
  467  construction, charter schools that are operated by a
  468  municipality or other public entity as provided by law are
  469  eligible for up to a 15-year charter, subject to approval by the
  470  district school board. A charter lab school is eligible for a
  471  charter for a term of up to 15 years. In addition, to facilitate
  472  access to long-term financial resources for charter school
  473  construction, charter schools that are operated by a private,
  474  not-for-profit, s. 501(c)(3) status corporation are eligible for
  475  up to a 15-year charter, subject to approval by the district
  476  school board. Such long-term charters remain subject to annual
  477  review and may be terminated during the term of the charter, but
  478  only according to the provisions set forth in subsection (8).
  479         13. The facilities to be used and their location.
  480         14. The qualifications to be required of the teachers and
  481  the potential strategies used to recruit, hire, train, and
  482  retain qualified staff to achieve best value.
  483         15. The governance structure of the school, including the
  484  status of the charter school as a public or private employer as
  485  required in paragraph (12)(i).
  486         16. A timetable for implementing the charter which
  487  addresses the implementation of each element thereof and the
  488  date by which the charter shall be awarded in order to meet this
  489  timetable.
  490         17. In the case of an existing public school that is being
  491  converted to charter status, alternative arrangements for
  492  current students who choose not to attend the charter school and
  493  for current teachers who choose not to teach in the charter
  494  school after conversion in accordance with the existing
  495  collective bargaining agreement or district school board rule in
  496  the absence of a collective bargaining agreement. However,
  497  alternative arrangements shall not be required for current
  498  teachers who choose not to teach in a charter lab school, except
  499  as authorized by the employment policies of the state university
  500  which grants the charter to the lab school.
  501         18. Full disclosure of the identity of all relatives
  502  employed by the charter school who are related to the charter
  503  school owner, president, chairperson of the governing board of
  504  directors, superintendent, governing board member, principal,
  505  assistant principal, or any other person employed by the charter
  506  school who has equivalent decisionmaking authority. For the
  507  purpose of this subparagraph, the term “relative” means father,
  508  mother, son, daughter, brother, sister, uncle, aunt, first
  509  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  510  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  511  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  512  stepsister, half brother, or half sister.
  513         19. Implementation of the activities authorized under s.
  514  1002.331 by the charter school when it satisfies the eligibility
  515  requirements for a high-performing charter school. A high
  516  performing charter school shall notify its sponsor in writing by
  517  March 1 if it intends to increase enrollment or expand grade
  518  levels the following school year. The written notice shall
  519  specify the amount of the enrollment increase and the grade
  520  levels that will be added, as applicable.
  521         Section 43. Paragraph (g) of subsection (4) of section
  522  1002.34, Florida Statutes, is amended to read:
  523         1002.34 Charter technical career centers.—
  524         (4) CHARTER.—A sponsor may designate centers as provided in
  525  this section. An application to establish a center may be
  526  submitted by a sponsor or another organization that is
  527  determined, by rule of the State Board of Education, to be
  528  appropriate. However, an independent school is not eligible for
  529  status as a center. The charter must be signed by the governing
  530  body of the center and the sponsor and must be approved by the
  531  district school board and Florida College System institution
  532  board of trustees in whose geographic region the facility is
  533  located. If a charter technical career center is established by
  534  the conversion to charter status of a public technical center
  535  formerly governed by a district school board, the charter status
  536  of that center takes precedence in any question of governance.
  537  The governance of the center or of any program within the center
  538  remains with its board of directors unless the board agrees to a
  539  change in governance or its charter is revoked as provided in
  540  subsection (15). Such a conversion charter technical career
  541  center is not affected by a change in the governance of public
  542  technical centers or of programs within other centers that are
  543  or have been governed by district school boards. A charter
  544  technical career center, or any program within such a center,
  545  that was governed by a district school board and transferred to
  546  a Florida College System institution prior to the effective date
  547  of this act is not affected by this provision. An applicant who
  548  wishes to establish a center must submit to the district school
  549  board or Florida College System institution board of trustees,
  550  or a consortium of one or more of each, an application on a form
  551  developed by the Department of Education which includes:
  552         (g) A method for determining whether a student has
  553  satisfied the requirements for graduation specified in s.
  554  1003.428 or s. 1003.429 1003.43 and for completion of a
  555  postsecondary certificate or degree.
  556  
  557  Students at a center must meet the same testing and academic
  558  performance standards as those established by law and rule for
  559  students at public schools and public technical centers. The
  560  students must also meet any additional assessment indicators
  561  that are included within the charter approved by the district
  562  school board or Florida College System institution board of
  563  trustees.
  564         Section 44. Paragraph (b) of subsection (4) of section
  565  1002.45, Florida Statutes, is amended to read:
  566         1002.45 Virtual instruction programs.—
  567         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
  568  provider must at minimum:
  569         (b) Provide a method for determining that a student has
  570  satisfied the requirements for graduation in s. 1003.428 or, s.
  571  1003.429, or s. 1003.43 if the contract is for the provision of
  572  a full-time virtual instruction program to students in grades 9
  573  through 12.
  574         Section 45. Paragraph (e) of subsection (3) of section
  575  1003.03, Florida Statutes, is amended to read:
  576         1003.03 Maximum class size.—
  577         (3) IMPLEMENTATION OPTIONS.—District school boards must
  578  consider, but are not limited to, implementing the following
  579  items in order to meet the constitutional class size maximums
  580  described in subsection (1):
  581         (e) Use innovative methods to reduce the cost of school
  582  construction by using prototype school designs, using SMART
  583  Schools designs, participating in the School Infrastructure
  584  Thrift Program, or any other method not prohibited by law.
  585         Section 46. Subsection (1), paragraph (c) of subsection
  586  (7), and subsection (8) of section 1003.429, Florida Statutes,
  587  are amended to read:
  588         1003.429 Accelerated high school graduation options.—
  589         (1) Students who enter grade 9 in the 2006-2007 school year
  590  and thereafter may select, upon receipt of each consent required
  591  by this section, one of the following three high school
  592  graduation options:
  593         (a) Completion of the general requirements for high school
  594  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  595         (b) Completion of a 3-year standard college preparatory
  596  program requiring successful completion of a minimum of 18
  597  academic credits in grades 9 through 12. At least 6 of the 18
  598  credits required for completion of this program must be received
  599  in classes that are offered pursuant to the International
  600  Baccalaureate Program, the Advanced Placement Program, dual
  601  enrollment, Advanced International Certificate of Education, or
  602  specifically listed or identified by the Department of Education
  603  as rigorous pursuant to s. 1009.531(3). The 18 credits required
  604  for completion of this program shall be primary requirements and
  605  shall be distributed as follows:
  606         1. Four credits in English, with major concentration in
  607  composition and literature;
  608         2. Three credits and, beginning with students entering
  609  grade 9 in the 2010-2011 school year, four credits in
  610  mathematics at the Algebra I level or higher from the list of
  611  courses that qualify for state university admission. Beginning
  612  with students entering grade 9 in the 2010-2011 school year, in
  613  addition to the Algebra I credit requirement, one of the four
  614  credits in mathematics must be geometry or a series of courses
  615  equivalent to geometry as approved by the State Board of
  616  Education. Beginning with students entering grade 9 in the 2010
  617  2011 school year, the end-of-course assessment requirements
  618  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  619  to earn the required credit in Algebra I. Beginning with
  620  students entering grade 9 in the 2011-2012 school year, the end
  621  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  622  must be met in order for a student to earn the required credit
  623  in geometry. Beginning with students entering grade 9 in the
  624  2012-2013 school year, in addition to the Algebra I and geometry
  625  credit requirements, one of the four credits in mathematics must
  626  be Algebra II or a series of courses equivalent to Algebra II as
  627  approved by the State Board of Education;
  628         3. Three credits in science, two of which must have a
  629  laboratory component. Beginning with students entering grade 9
  630  in the 2011-2012 school year, one of the three credits in
  631  science must be Biology I or a series of courses equivalent to
  632  Biology I as approved by the State Board of Education. Beginning
  633  with students entering grade 9 in the 2011-2012 school year, the
  634  end-of-course assessment requirements under s.
  635  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  636  the required credit in Biology I. Beginning with students
  637  entering grade 9 in the 2013-2014 school year, one of the three
  638  credits must be Biology I or a series of courses equivalent to
  639  Biology I as approved by the State Board of Education, one
  640  credit must be chemistry or physics or a series of courses
  641  equivalent to chemistry or physics as approved by the State
  642  Board of Education, and one credit must be an equally rigorous
  643  course, as approved by the State Board of Education;
  644         4. Three credits in social sciences, which must include one
  645  credit in United States history, one credit in world history,
  646  one-half credit in United States government, and one-half credit
  647  in economics;
  648         5. Two credits in the same second language unless the
  649  student is a native speaker of or can otherwise demonstrate
  650  competency in a language other than English. If the student
  651  demonstrates competency in another language, the student may
  652  replace the language requirement with two credits in other
  653  academic courses; and
  654         6. Three credits in electives and, beginning with students
  655  entering grade 9 in the 2010-2011 school year, two credits in
  656  electives; or
  657         (c) Completion of a 3-year career preparatory program
  658  requiring successful completion of a minimum of 18 academic
  659  credits in grades 9 through 12. The 18 credits shall be primary
  660  requirements and shall be distributed as follows:
  661         1. Four credits in English, with major concentration in
  662  composition and literature;
  663         2. Three credits and, beginning with students entering
  664  grade 9 in the 2010-2011 school year, four credits in
  665  mathematics, one of which must be Algebra I. Beginning with
  666  students entering grade 9 in the 2010-2011 school year, in
  667  addition to the Algebra I credit requirement, one of the four
  668  credits in mathematics must be geometry or a series of courses
  669  equivalent to geometry as approved by the State Board of
  670  Education. Beginning with students entering grade 9 in the 2010
  671  2011 school year, the end-of-course assessment requirements
  672  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  673  to earn the required credit in Algebra I. Beginning with
  674  students entering grade 9 in the 2011-2012 school year, the end
  675  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  676  must be met in order for a student to earn the required credit
  677  in geometry. Beginning with students entering grade 9 in the
  678  2012-2013 school year, in addition to the Algebra I and geometry
  679  credit requirements, one of the four credits in mathematics must
  680  be Algebra II or a series of courses equivalent to Algebra II as
  681  approved by the State Board of Education;
  682         3. Three credits in science, two of which must have a
  683  laboratory component. Beginning with students entering grade 9
  684  in the 2011-2012 school year, one of the three credits in
  685  science must be Biology I or a series of courses equivalent to
  686  Biology I as approved by the State Board of Education. Beginning
  687  with students entering grade 9 in the 2011-2012 school year, the
  688  end-of-course assessment requirements under s.
  689  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  690  the required credit in Biology I. Beginning with students
  691  entering grade 9 in the 2013-2014 school year, one of the three
  692  credits must be Biology I or a series of courses equivalent to
  693  Biology I as approved by the State Board of Education, one
  694  credit must be chemistry or physics or a series of courses
  695  equivalent to chemistry or physics as approved by the State
  696  Board of Education, and one credit must be an equally rigorous
  697  course, as approved by the State Board of Education;
  698         4. Three credits in social sciences, which must include one
  699  credit in United States history, one credit in world history,
  700  one-half credit in United States government, and one-half credit
  701  in economics;
  702         5. Three credits in a single vocational or career education
  703  program, three credits in career and technical certificate dual
  704  enrollment courses, or five credits in vocational or career
  705  education courses; and
  706         6. Two credits and, beginning with students entering grade
  707  9 in the 2010-2011 school year, one credit in electives unless
  708  five credits are earned pursuant to subparagraph 5.
  709  
  710  Any student who selected an accelerated graduation program
  711  before July 1, 2004, may continue that program, and all
  712  statutory program requirements that were applicable when the
  713  student made the program choice shall remain applicable to the
  714  student as long as the student continues that program.
  715         (7) If, at the end of each grade, a student is not on track
  716  to meet the credit, assessment, or grade-point-average
  717  requirements of the accelerated graduation option selected, the
  718  school shall notify the student and parent of the following:
  719         (c) The right of the student to change to the 4-year
  720  program set forth in s. 1003.428 or s. 1003.43, as applicable.
  721         (8) A student who selected one of the accelerated 3-year
  722  graduation options shall automatically move to the 4-year
  723  program set forth in s. 1003.428 or s. 1003.43, if applicable,
  724  if the student:
  725         (a) Exercises his or her right to change to the 4-year
  726  program;
  727         (b) Fails to earn 5 credits by the end of grade 9 or fails
  728  to earn 11 credits by the end of grade 10;
  729         (c) Does not achieve a score of 3 or higher on the grade 10
  730  FCAT Writing assessment; or
  731         (d) By the end of grade 11 does not meet the requirements
  732  of subsections (1) and (6).
  733         Section 47. Section 1003.438, Florida Statutes, is amended
  734  to read:
  735         1003.438 Special high school graduation requirements for
  736  certain exceptional students.—A student who has been identified,
  737  in accordance with rules established by the State Board of
  738  Education, as a student with disabilities who has an
  739  intellectual disability; an autism spectrum disorder; a language
  740  impairment; an orthopedic impairment; an other health
  741  impairment; a traumatic brain injury; an emotional or behavioral
  742  disability; a specific learning disability, including, but not
  743  limited to, dyslexia, dyscalculia, or developmental aphasia; or
  744  students who are deaf or hard of hearing or dual sensory
  745  impaired shall not be required to meet all requirements of s.
  746  1003.43 or s. 1003.428 or s. 1003.429 and shall, upon meeting
  747  all applicable requirements prescribed by the district school
  748  board pursuant to s. 1008.25, be awarded a special diploma in a
  749  form prescribed by the commissioner; however, such special
  750  graduation requirements prescribed by the district school board
  751  must include minimum graduation requirements as prescribed by
  752  the commissioner. Any such student who meets all special
  753  requirements of the district school board, but is unable to meet
  754  the appropriate special state minimum requirements, shall be
  755  awarded a special certificate of completion in a form prescribed
  756  by the commissioner. However, this section does not limit or
  757  restrict the right of an exceptional student solely to a special
  758  diploma or special certificate of completion. Any such student
  759  shall, upon proper request, be afforded the opportunity to fully
  760  meet all requirements of s. 1003.43 or s. 1003.428 or s.
  761  1003.429 through the standard procedures established therein and
  762  thereby to qualify for a standard diploma upon graduation.
  763         Section 48. Subsection (1) of section 1003.49, Florida
  764  Statutes, is amended to read:
  765         1003.49 Graduation and promotion requirements for publicly
  766  operated schools.—
  767         (1) Each state or local public agency, including the
  768  Department of Children and Family Services, the Department of
  769  Corrections, the boards of trustees of universities and Florida
  770  College System institutions, and the Board of Trustees of the
  771  Florida School for the Deaf and the Blind, which agency is
  772  authorized to operate educational programs for students at any
  773  level of grades kindergarten through 12 shall be subject to all
  774  applicable requirements of ss. 1003.428, 1003.429 1003.43,
  775  1008.23, and 1008.25. Within the content of these cited statutes
  776  each such state or local public agency or entity shall be
  777  considered a “district school board.”
  778         Section 49. Paragraph (c) of subsection (4) of section
  779  1004.70, Florida Statutes, is amended to read:
  780         1004.70 Florida College System institution direct-support
  781  organizations.—
  782         (4) ACTIVITIES; RESTRICTIONS.—
  783         (c) Any transaction or agreement between one direct-support
  784  organization and another direct-support organization or between
  785  a direct-support organization and a center of technology
  786  innovation designated under s. 1004.77 must be approved by the
  787  board of trustees.
  788         Section 50. Paragraph (b) of subsection (4) of section
  789  1004.71, Florida Statutes, is amended to read:
  790         1004.71 Statewide Florida College System institution
  791  direct-support organizations.—
  792         (4) RESTRICTIONS.—
  793         (b) Any transaction or agreement between a statewide,
  794  direct-support organization and any other direct-support
  795  organization or between a statewide, direct-support organization
  796  and a center of technology innovation designated under s.
  797  1004.77 must be approved by the State Board of Education.
  798         Section 51. Paragraph (g) of subsection (2) of section
  799  1006.025, Florida Statutes, is redesignated as paragraph (f) and
  800  present paragraph (f) of that subsection is amended, to read:
  801         1006.025 Guidance services.—
  802         (2) The guidance report shall include, but not be limited
  803  to, the following:
  804         (f) Actions taken to provide information to students for
  805  the school-to-work transition pursuant to s. 1006.02.
  806         Section 52. Paragraph (a) of subsection (3) of section
  807  1006.15, Florida Statutes, is amended to read:
  808         1006.15 Student standards for participation in
  809  interscholastic and intrascholastic extracurricular student
  810  activities; regulation.—
  811         (3)(a) To be eligible to participate in interscholastic
  812  extracurricular student activities, a student must:
  813         1. Maintain a grade point average of 2.0 or above on a 4.0
  814  scale, or its equivalent, in the previous semester or a
  815  cumulative grade point average of 2.0 or above on a 4.0 scale,
  816  or its equivalent, in the courses required by s. 1003.428 or s.
  817  1003.429 1003.43(1).
  818         2. Execute and fulfill the requirements of an academic
  819  performance contract between the student, the district school
  820  board, the appropriate governing association, and the student’s
  821  parents, if the student’s cumulative grade point average falls
  822  below 2.0, or its equivalent, on a 4.0 scale in the courses
  823  required by s. 1003.428 or s. 1003.429 1003.43(1) or, for
  824  students who entered the 9th grade prior to the 1997-1998 school
  825  year, if the student’s cumulative grade point average falls
  826  below 2.0 on a 4.0 scale, or its equivalent, in the courses
  827  required by s. 1003.43(1) which are taken after July 1, 1997. At
  828  a minimum, the contract must require that the student attend
  829  summer school, or its graded equivalent, between grades 9 and 10
  830  or grades 10 and 11, as necessary.
  831         3. Have a cumulative grade point average of 2.0 or above on
  832  a 4.0 scale, or its equivalent, in the courses required by s.
  833  1003.428 or s. 1003.429 1003.43(1) during his or her junior or
  834  senior year.
  835         4. Maintain satisfactory conduct, including adherence to
  836  appropriate dress and other codes of student conduct policies
  837  described in s. 1006.07(2). If a student is convicted of, or is
  838  found to have committed, a felony or a delinquent act that would
  839  have been a felony if committed by an adult, regardless of
  840  whether adjudication is withheld, the student’s participation in
  841  interscholastic extracurricular activities is contingent upon
  842  established and published district school board policy.
  843         Section 53. Subsection (4) of section 1007.263, Florida
  844  Statutes, is amended to read:
  845         1007.263 Florida College System institutions; admissions of
  846  students.—Each Florida College System institution board of
  847  trustees is authorized to adopt rules governing admissions of
  848  students subject to this section and rules of the State Board of
  849  Education. These rules shall include the following:
  850         (4) A student who has been awarded a special diploma as
  851  defined in s. 1003.438 or a certificate of completion as defined
  852  in s. 1003.428(7)(b) 1003.43(10) is eligible to enroll in
  853  certificate career education programs.
  854  
  855  Each board of trustees shall establish policies that notify
  856  students about, and place students into, adult basic education,
  857  adult secondary education, or other instructional programs that
  858  provide students with alternatives to traditional college
  859  preparatory instruction, including private provider instruction.
  860  A student is prohibited from enrolling in additional college
  861  level courses until the student scores above the cut-score on
  862  all sections of the common placement test.
  863         Section 54. Subsections (2) and (9) of section 1007.271,
  864  Florida Statutes, are amended to read:
  865         1007.271 Dual enrollment programs.—
  866         (2) For the purpose of this section, an eligible secondary
  867  student is a student who is enrolled in a Florida public
  868  secondary school or in a Florida private secondary school which
  869  is in compliance with s. 1002.42(2) and provides a secondary
  870  curriculum pursuant to s. 1003.428 or, s. 1003.429, or s.
  871  1003.43. Students who are eligible for dual enrollment pursuant
  872  to this section may enroll in dual enrollment courses conducted
  873  during school hours, after school hours, and during the summer
  874  term. However, if the student is projected to graduate from high
  875  school before the scheduled completion date of a postsecondary
  876  course, the student may not register for that course through
  877  dual enrollment. The student may apply to the postsecondary
  878  institution and pay the required registration, tuition, and fees
  879  if the student meets the postsecondary institution’s admissions
  880  requirements under s. 1007.263. Instructional time for dual
  881  enrollment may vary from 900 hours; however, the school district
  882  may only report the student for a maximum of 1.0 FTE, as
  883  provided in s. 1011.61(4). Any student enrolled as a dual
  884  enrollment student is exempt from the payment of registration,
  885  tuition, and laboratory fees. Vocational-preparatory
  886  instruction, college-preparatory instruction, and other forms of
  887  precollegiate instruction, as well as physical education courses
  888  that focus on the physical execution of a skill rather than the
  889  intellectual attributes of the activity, are ineligible for
  890  inclusion in the dual enrollment program. Recreation and leisure
  891  studies courses shall be evaluated individually in the same
  892  manner as physical education courses for potential inclusion in
  893  the program.
  894         (9) The Commissioner of Education shall appoint faculty
  895  committees representing public school, Florida College System
  896  institution, and university faculties to identify postsecondary
  897  courses that meet the high school graduation requirements of s.
  898  1003.428 or, s. 1003.429, or s. 1003.43 and to establish the
  899  number of postsecondary semester credit hours of instruction and
  900  equivalent high school credits earned through dual enrollment
  901  pursuant to this section that are necessary to meet high school
  902  graduation requirements. Such equivalencies shall be determined
  903  solely on comparable course content and not on seat time
  904  traditionally allocated to such courses in high school. The
  905  Commissioner of Education shall recommend to the State Board of
  906  Education those postsecondary courses identified to meet high
  907  school graduation requirements, based on mastery of course
  908  outcomes, by their course numbers, and all high schools shall
  909  accept these postsecondary education courses toward meeting the
  910  requirements of s. 1003.428 or, s. 1003.429, or s. 1003.43.
  911         Section 55. Paragraph (c) of subsection (3) of section
  912  1008.22, Florida Statutes, is amended to read:
  913         1008.22 Student assessment program for public schools.—
  914         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  915  design and implement a statewide program of educational
  916  assessment that provides information for the improvement of the
  917  operation and management of the public schools, including
  918  schools operating for the purpose of providing educational
  919  services to youth in Department of Juvenile Justice programs.
  920  The commissioner may enter into contracts for the continued
  921  administration of the assessment programs authorized and funded
  922  by the Legislature. Contracts may be initiated in 1 fiscal year
  923  and continue into the next and may be paid from the
  924  appropriations of either or both fiscal years. The commissioner
  925  is authorized to negotiate for the sale or lease of tests,
  926  scoring protocols, test scoring services, and related materials
  927  developed pursuant to law. Pursuant to the statewide assessment
  928  program, the commissioner shall:
  929         (c) Develop and implement a student achievement assessment
  930  program as follows:
  931         1. The Florida Comprehensive Assessment Test (FCAT)
  932  measures a student’s content knowledge and skills in reading,
  933  writing, science, and mathematics. The content knowledge and
  934  skills assessed by the FCAT must be aligned to the core
  935  curricular content established in the Next Generation Sunshine
  936  State Standards. FCAT Reading and FCAT Mathematics shall be
  937  administered annually in grades 3 through 10 except, beginning
  938  with the 2010-2011 school year, the administration of grade 9
  939  FCAT Mathematics shall be discontinued, and beginning with the
  940  2011-2012 school year, the administration of grade 10 FCAT
  941  Mathematics shall be discontinued, except as required for
  942  students who have not attained minimum performance expectations
  943  for graduation as provided in paragraph (9)(c). FCAT Writing and
  944  FCAT Science shall be administered at least once at the
  945  elementary, middle, and high school levels except, beginning
  946  with the 2011-2012 school year, the administration of FCAT
  947  Science at the high school level shall be discontinued. Students
  948  enrolled in an Algebra I, geometry, or Biology I course or an
  949  equivalent course with a statewide, standardized end-of-course
  950  assessment are not required to take the corresponding grade
  951  level FCAT assessment.
  952         2.a. End-of-course assessments must be rigorous, statewide,
  953  standardized, and developed or approved by the department. The
  954  content knowledge and skills assessed by end-of-course
  955  assessments must be aligned to the core curricular content
  956  established in the Next Generation Sunshine State Standards.
  957         (I) Statewide, standardized end-of-course assessments in
  958  mathematics shall be administered according to this sub-sub
  959  subparagraph. Beginning with the 2010-2011 school year, all
  960  students enrolled in Algebra I or an equivalent course must take
  961  the Algebra I end-of-course assessment. For students entering
  962  grade 9 during the 2010-2011 school year and who are enrolled in
  963  Algebra I or an equivalent, each student’s performance on the
  964  end-of-course assessment in Algebra I shall constitute 30
  965  percent of the student’s final course grade. Beginning with the
  966  2012-2013 school year, the end-of-course assessment in Algebra I
  967  shall be administered four times annually. Beginning with
  968  students entering grade 9 in the 2011-2012 school year, a
  969  student who is enrolled in Algebra I or an equivalent must earn
  970  a passing score on the end-of-course assessment in Algebra I or
  971  attain an equivalent score as described in subsection (11) in
  972  order to earn course credit. Beginning with the 2011-2012 school
  973  year, all students enrolled in geometry or an equivalent course
  974  must take the geometry end-of-course assessment. For students
  975  entering grade 9 during the 2011-2012 school year, each
  976  student’s performance on the end-of-course assessment in
  977  geometry shall constitute 30 percent of the student’s final
  978  course grade. Beginning with students entering grade 9 during
  979  the 2012-2013 school year, a student must earn a passing score
  980  on the end-of-course assessment in geometry or attain an
  981  equivalent score as described in subsection (11) in order to
  982  earn course credit.
  983         (II) Statewide, standardized end-of-course assessments in
  984  science shall be administered according to this sub-sub
  985  subparagraph. Beginning with the 2011-2012 school year, all
  986  students enrolled in Biology I or an equivalent course must take
  987  the Biology I end-of-course assessment. For the 2011-2012 school
  988  year, each student’s performance on the end-of-course assessment
  989  in Biology I shall constitute 30 percent of the student’s final
  990  course grade. Beginning with students entering grade 9 during
  991  the 2012-2013 school year, a student must earn a passing score
  992  on the end-of-course assessment in Biology I in order to earn
  993  course credit.
  994         b. During the 2012-2013 school year, an end-of-course
  995  assessment in civics education shall be administered as a field
  996  test at the middle school level. During the 2013-2014 school
  997  year, each student’s performance on the statewide, standardized
  998  end-of-course assessment in civics education shall constitute 30
  999  percent of the student’s final course grade. Beginning with the
 1000  2014-2015 school year, a student must earn a passing score on
 1001  the end-of-course assessment in civics education in order to
 1002  pass the course and be promoted from the middle grades. The
 1003  school principal of a middle school shall determine, in
 1004  accordance with State Board of Education rule, whether a student
 1005  who transfers to the middle school and who has successfully
 1006  completed a civics education course at the student’s previous
 1007  school must take an end-of-course assessment in civics
 1008  education.
 1009         c. The commissioner may select one or more nationally
 1010  developed comprehensive examinations, which may include, but
 1011  need not be limited to, examinations for a College Board
 1012  Advanced Placement course, International Baccalaureate course,
 1013  or Advanced International Certificate of Education course, or
 1014  industry-approved examinations to earn national industry
 1015  certifications identified in the Industry Certification Funding
 1016  List, pursuant to rules adopted by the State Board of Education,
 1017  for use as end-of-course assessments under this paragraph, if
 1018  the commissioner determines that the content knowledge and
 1019  skills assessed by the examinations meet or exceed the grade
 1020  level expectations for the core curricular content established
 1021  for the course in the Next Generation Sunshine State Standards.
 1022  The commissioner may collaborate with the American Diploma
 1023  Project in the adoption or development of rigorous end-of-course
 1024  assessments that are aligned to the Next Generation Sunshine
 1025  State Standards.
 1026         d. Contingent upon funding provided in the General
 1027  Appropriations Act, including the appropriation of funds
 1028  received through federal grants, the Commissioner of Education
 1029  shall establish an implementation schedule for the development
 1030  and administration of additional statewide, standardized end-of
 1031  course assessments in English/Language Arts II, Algebra II,
 1032  chemistry, physics, earth/space science, United States history,
 1033  and world history. Priority shall be given to the development of
 1034  end-of-course assessments in English/Language Arts II. The
 1035  Commissioner of Education shall evaluate the feasibility and
 1036  effect of transitioning from the grade 9 and grade 10 FCAT
 1037  Reading and high school level FCAT Writing to an end-of-course
 1038  assessment in English/Language Arts II. The commissioner shall
 1039  report the results of the evaluation to the President of the
 1040  Senate and the Speaker of the House of Representatives no later
 1041  than July 1, 2011.
 1042         3. The assessment program shall measure student content
 1043  knowledge and skills adopted by the State Board of Education as
 1044  specified in paragraph (a) and measure and report student
 1045  performance levels of all students assessed in reading, writing,
 1046  mathematics, and science. The commissioner shall provide for the
 1047  tests to be developed or obtained, as appropriate, through
 1048  contracts and project agreements with private vendors, public
 1049  vendors, public agencies, postsecondary educational
 1050  institutions, or school districts. The commissioner shall obtain
 1051  input with respect to the design and implementation of the
 1052  assessment program from state educators, assistive technology
 1053  experts, and the public.
 1054         4. The assessment program shall be composed of criterion
 1055  referenced tests that shall, to the extent determined by the
 1056  commissioner, include test items that require the student to
 1057  produce information or perform tasks in such a way that the core
 1058  content knowledge and skills he or she uses can be measured.
 1059         5. FCAT Reading, Mathematics, and Science and all
 1060  statewide, standardized end-of-course assessments shall measure
 1061  the content knowledge and skills a student has attained on the
 1062  assessment by the use of scaled scores and achievement levels.
 1063  Achievement levels shall range from 1 through 5, with level 1
 1064  being the lowest achievement level, level 5 being the highest
 1065  achievement level, and level 3 indicating satisfactory
 1066  performance on an assessment. For purposes of FCAT Writing,
 1067  student achievement shall be scored using a scale of 1 through 6
 1068  and the score earned shall be used in calculating school grades.
 1069  A score shall be designated for each subject area tested, below
 1070  which score a student’s performance is deemed inadequate. The
 1071  school districts shall provide appropriate remedial instruction
 1072  to students who score below these levels.
 1073         6. The State Board of Education shall, by rule, designate a
 1074  passing score for each part of the grade 10 assessment test and
 1075  end-of-course assessments. Any rule that has the effect of
 1076  raising the required passing scores may apply only to students
 1077  taking the assessment for the first time after the rule is
 1078  adopted by the State Board of Education. Except as otherwise
 1079  provided in this subparagraph and as provided in s.
 1080  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
 1081  passing score on grade 10 FCAT Reading and grade 10 FCAT
 1082  Mathematics or attain concordant scores as described in
 1083  subsection (10) in order to qualify for a standard high school
 1084  diploma.
 1085         7. In addition to designating a passing score under
 1086  subparagraph 6., the State Board of Education shall also
 1087  designate, by rule, a score for each statewide, standardized
 1088  end-of-course assessment which indicates that a student is high
 1089  achieving and has the potential to meet college-readiness
 1090  standards by the time the student graduates from high school.
 1091         8. Participation in the assessment program is mandatory for
 1092  all students attending public school, including students served
 1093  in Department of Juvenile Justice programs, except as otherwise
 1094  prescribed by the commissioner. A student who has not earned
 1095  passing scores on the grade 10 FCAT as provided in subparagraph
 1096  6. must participate in each retake of the assessment until the
 1097  student earns passing scores or achieves scores on a
 1098  standardized assessment which are concordant with passing scores
 1099  pursuant to subsection (10). If a student does not participate
 1100  in the statewide assessment, the district must notify the
 1101  student’s parent and provide the parent with information
 1102  regarding the implications of such nonparticipation. A parent
 1103  must provide signed consent for a student to receive classroom
 1104  instructional accommodations that would not be available or
 1105  permitted on the statewide assessments and must acknowledge in
 1106  writing that he or she understands the implications of such
 1107  instructional accommodations. The State Board of Education shall
 1108  adopt rules, based upon recommendations of the commissioner, for
 1109  the provision of test accommodations for students in exceptional
 1110  education programs and for students who have limited English
 1111  proficiency. Accommodations that negate the validity of a
 1112  statewide assessment are not allowable in the administration of
 1113  the FCAT or an end-of-course assessment. However, instructional
 1114  accommodations are allowable in the classroom if included in a
 1115  student’s individual education plan. Students using
 1116  instructional accommodations in the classroom that are not
 1117  allowable as accommodations on the FCAT or an end-of-course
 1118  assessment may have the FCAT or an end-of-course assessment
 1119  requirement waived pursuant to the requirements of s.
 1120  1003.428(8)(b) or s. 1003.43(11)(b).
 1121         9. A student seeking an adult high school diploma must meet
 1122  the same testing requirements that a regular high school student
 1123  must meet.
 1124         10. District school boards must provide instruction to
 1125  prepare students in the core curricular content established in
 1126  the Next Generation Sunshine State Standards adopted under s.
 1127  1003.41, including the core content knowledge and skills
 1128  necessary for successful grade-to-grade progression and high
 1129  school graduation. If a student is provided with instructional
 1130  accommodations in the classroom that are not allowable as
 1131  accommodations in the statewide assessment program, as described
 1132  in the test manuals, the district must inform the parent in
 1133  writing and must provide the parent with information regarding
 1134  the impact on the student’s ability to meet expected performance
 1135  levels in reading, writing, mathematics, and science. The
 1136  commissioner shall conduct studies as necessary to verify that
 1137  the required core curricular content is part of the district
 1138  instructional programs.
 1139         11. District school boards must provide opportunities for
 1140  students to demonstrate an acceptable performance level on an
 1141  alternative standardized assessment approved by the State Board
 1142  of Education following enrollment in summer academies.
 1143         12. The Department of Education must develop, or select,
 1144  and implement a common battery of assessment tools that will be
 1145  used in all juvenile justice programs in the state. These tools
 1146  must accurately measure the core curricular content established
 1147  in the Next Generation Sunshine State Standards.
 1148         13. For students seeking a special diploma pursuant to s.
 1149  1003.438, the Department of Education must develop or select and
 1150  implement an alternate assessment tool that accurately measures
 1151  the core curricular content established in the Next Generation
 1152  Sunshine State Standards for students with disabilities under s.
 1153  1003.438.
 1154         14. The Commissioner of Education shall establish schedules
 1155  for the administration of statewide assessments and the
 1156  reporting of student test results. When establishing the
 1157  schedules for the administration of statewide assessments, the
 1158  commissioner shall consider the observance of religious and
 1159  school holidays. The commissioner shall, by August 1 of each
 1160  year, notify each school district in writing and publish on the
 1161  department’s Internet website the testing and reporting
 1162  schedules for, at a minimum, the school year following the
 1163  upcoming school year. The testing and reporting schedules shall
 1164  require that:
 1165         a. There is the latest possible administration of statewide
 1166  assessments and the earliest possible reporting to the school
 1167  districts of student test results which is feasible within
 1168  available technology and specific appropriations; however, test
 1169  results for the FCAT must be made available no later than the
 1170  week of June 8. Student results for end-of-course assessments
 1171  must be provided no later than 1 week after the school district
 1172  completes testing for each course. The commissioner may extend
 1173  the reporting schedule under exigent circumstances.
 1174         b. FCAT Writing may not be administered earlier than the
 1175  week of March 1, and a comprehensive statewide assessment of any
 1176  other subject may not be administered earlier than the week of
 1177  April 15.
 1178         c. A statewide, standardized end-of-course assessment is
 1179  administered at the end of the course. The commissioner shall
 1180  select an administration period for assessments that meets the
 1181  intent of end-of-course assessments and provides student results
 1182  prior to the end of the course. School districts shall
 1183  administer tests in accordance with the schedule determined by
 1184  the commissioner. For an end-of-course assessment administered
 1185  at the end of the first semester, the commissioner shall
 1186  determine the most appropriate testing dates based on a review
 1187  of each school district’s academic calendar.
 1188  
 1189  The commissioner may, based on collaboration and input from
 1190  school districts, design and implement student testing programs,
 1191  for any grade level and subject area, necessary to effectively
 1192  monitor educational achievement in the state, including the
 1193  measurement of educational achievement of the Next Generation
 1194  Sunshine State Standards for students with disabilities.
 1195  Development and refinement of assessments shall include
 1196  universal design principles and accessibility standards that
 1197  will prevent any unintended obstacles for students with
 1198  disabilities while ensuring the validity and reliability of the
 1199  test. These principles should be applicable to all technology
 1200  platforms and assistive devices available for the assessments.
 1201  The field testing process and psychometric analyses for the
 1202  statewide assessment program must include an appropriate
 1203  percentage of students with disabilities and an evaluation or
 1204  determination of the effect of test items on such students.
 1205         Section 56. Section 1008.23, Florida Statutes, is amended
 1206  to read:
 1207         1008.23 Confidentiality of assessment instruments.—All
 1208  examination and assessment instruments, including developmental
 1209  materials and workpapers directly related thereto, which are
 1210  prepared, prescribed, or administered pursuant to ss. 1003.43,
 1211  1008.22, and 1008.25 shall be confidential and exempt from the
 1212  provisions of s. 119.07(1) and from s. 1001.52. Provisions
 1213  governing access, maintenance, and destruction of such
 1214  instruments and related materials shall be prescribed by rules
 1215  of the State Board of Education.
 1216         Section 57. Paragraph (a) of subsection (1) of section
 1217  1009.40, Florida Statutes, is amended to read:
 1218         1009.40 General requirements for student eligibility for
 1219  state financial aid awards and tuition assistance grants.—
 1220         (1)(a) The general requirements for eligibility of students
 1221  for state financial aid awards and tuition assistance grants
 1222  consist of the following:
 1223         1. Achievement of the academic requirements of and
 1224  acceptance at a state university or Florida College System
 1225  institution; a nursing diploma school approved by the Florida
 1226  Board of Nursing; a Florida college or university which is
 1227  accredited by an accrediting agency recognized by the State
 1228  Board of Education; any Florida institution the credits of which
 1229  are acceptable for transfer to state universities; any career
 1230  center; or any private career institution accredited by an
 1231  accrediting agency recognized by the State Board of Education.
 1232         2. Residency in this state for no less than 1 year
 1233  preceding the award of aid or a tuition assistance grant for a
 1234  program established pursuant to s. 1009.50, s. 1009.505, s.
 1235  1009.51, s. 1009.52, s. 1009.53, s. 1009.56, s. 1009.60, s.
 1236  1009.62, s. 1009.68, s. 1009.72, s. 1009.73, s. 1009.77, s.
 1237  1009.89, or s. 1009.891. Residency in this state must be for
 1238  purposes other than to obtain an education. Resident status for
 1239  purposes of receiving state financial aid awards shall be
 1240  determined in the same manner as resident status for tuition
 1241  purposes pursuant to s. 1009.21.
 1242         3. Submission of certification attesting to the accuracy,
 1243  completeness, and correctness of information provided to
 1244  demonstrate a student’s eligibility to receive state financial
 1245  aid awards or tuition assistance grants. Falsification of such
 1246  information shall result in the denial of any pending
 1247  application and revocation of any award or grant currently held
 1248  to the extent that no further payments shall be made.
 1249  Additionally, students who knowingly make false statements in
 1250  order to receive state financial aid awards or tuition
 1251  assistance grants commit a misdemeanor of the second degree
 1252  subject to the provisions of s. 837.06 and shall be required to
 1253  return all state financial aid awards or tuition assistance
 1254  grants wrongfully obtained.
 1255         Section 58. Paragraph (b) of subsection (1) of section
 1256  1009.531, Florida Statutes, is amended to read:
 1257         1009.531 Florida Bright Futures Scholarship Program;
 1258  student eligibility requirements for initial awards.—
 1259         (1) Effective January 1, 2008, in order to be eligible for
 1260  an initial award from any of the three types of scholarships
 1261  under the Florida Bright Futures Scholarship Program, a student
 1262  must:
 1263         (b) Earn a standard Florida high school diploma or its
 1264  equivalent pursuant to s. 1003.428, s. 1003.4281, s. 1003.429,
 1265  s. 1003.43, or s. 1003.435 unless:
 1266         1. The student completes a home education program according
 1267  to s. 1002.41; or
 1268         2. The student earns a high school diploma from a non
 1269  Florida school while living with a parent or guardian who is on
 1270  military or public service assignment away from Florida.
 1271         Section 59. Paragraph (c) of subsection (2) of section
 1272  1009.94, Florida Statutes, is amended to read:
 1273         1009.94 Student financial assistance database.—
 1274         (2) For purposes of this section, financial assistance
 1275  includes:
 1276         (c) Any financial assistance provided under s. 1009.50, s.
 1277  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.55, s.
 1278  1009.56, s. 1009.60, s. 1009.62, s. 1009.68, s. 1009.70, s.
 1279  1009.701, s. 1009.72, s. 1009.73, s. 1009.74, s. 1009.77, s.
 1280  1009.89, or s. 1009.891.
 1281         Section 60. Paragraph (c) of subsection (1) of section
 1282  1011.61, Florida Statutes, is amended to read:
 1283         1011.61 Definitions.—Notwithstanding the provisions of s.
 1284  1000.21, the following terms are defined as follows for the
 1285  purposes of the Florida Education Finance Program:
 1286         (1) A “full-time equivalent student” in each program of the
 1287  district is defined in terms of full-time students and part-time
 1288  students as follows:
 1289         (c)1. A “full-time equivalent student” is:
 1290         a. A full-time student in any one of the programs listed in
 1291  s. 1011.62(1)(c); or
 1292         b. A combination of full-time or part-time students in any
 1293  one of the programs listed in s. 1011.62(1)(c) which is the
 1294  equivalent of one full-time student based on the following
 1295  calculations:
 1296         (I) A full-time student in a combination of programs listed
 1297  in s. 1011.62(1)(c) shall be a fraction of a full-time
 1298  equivalent membership in each program equal to the number of net
 1299  hours per school year for which he or she is a member, divided
 1300  by the appropriate number of hours set forth in subparagraph
 1301  (a)1. or subparagraph (a)2. The sum of the fractions for each
 1302  program may not exceed the maximum value set forth in subsection
 1303  (4).
 1304         (II) A prekindergarten student with a disability shall meet
 1305  the requirements specified for kindergarten students.
 1306         (III) A full-time equivalent student for students in
 1307  kindergarten through grade 12 in a full-time virtual instruction
 1308  program under s. 1002.45 or a virtual charter school under s.
 1309  1002.33 shall consist of six full-credit completions or the
 1310  prescribed level of content that counts toward promotion to the
 1311  next grade in programs listed in s. 1011.62(1)(c). Credit
 1312  completions may be a combination of full-credit courses or half
 1313  credit courses. Beginning in the 2014-2015 fiscal year, when s.
 1314  1008.22(3)(g) is implemented, the reported full-time equivalent
 1315  students and associated funding of students enrolled in courses
 1316  requiring passage of an end-of-course assessment shall be
 1317  adjusted after the student completes the end-of-course
 1318  assessment.
 1319         (IV) A full-time equivalent student for students in
 1320  kindergarten through grade 12 in a part-time virtual instruction
 1321  program under s. 1002.45 shall consist of six full-credit
 1322  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 1323  Credit completions may be a combination of full-credit courses
 1324  or half-credit courses. Beginning in the 2014-2015 fiscal year,
 1325  when s. 1008.22(3)(g) is implemented, the reported full-time
 1326  equivalent students and associated funding of students enrolled
 1327  in courses requiring passage of an end-of-course assessment
 1328  shall be adjusted after the student completes the end-of-course
 1329  assessment.
 1330         (V) A Florida Virtual School full-time equivalent student
 1331  shall consist of six full-credit completions or the prescribed
 1332  level of content that counts toward promotion to the next grade
 1333  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 1334  participating in kindergarten through grade 12 part-time virtual
 1335  instruction and the programs listed in s. 1011.62(1)(c) for
 1336  students participating in kindergarten through grade 12 full
 1337  time virtual instruction. Credit completions may be a
 1338  combination of full-credit courses or half-credit courses.
 1339  Beginning in the 2014-2015 fiscal year, when s. 1008.22(3)(g) is
 1340  implemented, the reported full-time equivalent students and
 1341  associated funding of students enrolled in courses requiring
 1342  passage of an end-of-course assessment shall be adjusted after
 1343  the student completes the end-of-course assessment.
 1344         (VI) Each successfully completed full-credit course earned
 1345  through an online course delivered by a district other than the
 1346  one in which the student resides shall be calculated as 1/6 FTE.
 1347         (VII) Each successfully completed credit earned under the
 1348  alternative high school course credit requirements authorized in
 1349  s. 1002.375, which is not reported as a portion of the 900 net
 1350  hours of instruction pursuant to subparagraph (1)(a)1., shall be
 1351  calculated as 1/6 FTE.
 1352         (VII)(VIII)(A) A full-time equivalent student for courses
 1353  requiring a statewide, standardized end-of-course assessment
 1354  pursuant to s. 1008.22(3)(c)2.a. shall be defined and reported
 1355  based on the number of instructional hours as provided in this
 1356  subsection for the first 3 years of administering the end-of
 1357  course assessment. Beginning in the fourth year of administering
 1358  the end-of-course assessment, the FTE shall be credit-based and
 1359  each course shall be equal to 1/6 FTE. The reported FTE shall be
 1360  adjusted after the student successfully completes the end-of
 1361  course assessment pursuant to s. 1008.22(3)(c)2.a.
 1362         (B) For students enrolled in a school district as a full
 1363  time student, the district may report 1/6 FTE for each student
 1364  who passes a statewide, standardized end-of-course assessment
 1365  without being enrolled in the corresponding course.
 1366         (C) The FTE earned under this sub-sub-subparagraph and any
 1367  FTE for courses or programs listed in s. 1011.62(1)(c) that do
 1368  not require passing a statewide, standardized end-of-course
 1369  assessment are subject to the requirements in subsection (4).
 1370         2. A student in membership in a program scheduled for more
 1371  or less than 180 school days or the equivalent on an hourly
 1372  basis as specified by rules of the State Board of Education is a
 1373  fraction of a full-time equivalent membership equal to the
 1374  number of instructional hours in membership divided by the
 1375  appropriate number of hours set forth in subparagraph (a)1.;
 1376  however, for the purposes of this subparagraph, membership in
 1377  programs scheduled for more than 180 days is limited to students
 1378  enrolled in juvenile justice education programs and the Florida
 1379  Virtual School.
 1380  
 1381  The department shall determine and implement an equitable method
 1382  of equivalent funding for experimental schools and for schools
 1383  operating under emergency conditions, which schools have been
 1384  approved by the department to operate for less than the minimum
 1385  school day.
 1386         Section 61. Paragraph (b) of subsection (2) of section
 1387  1013.35, Florida Statutes, is amended to read:
 1388         1013.35 School district educational facilities plan;
 1389  definitions; preparation, adoption, and amendment; long-term
 1390  work programs.—
 1391         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 1392  FACILITIES PLAN.—
 1393         (b) The plan must also include a financially feasible
 1394  district facilities work program for a 5-year period. The work
 1395  program must include:
 1396         1. A schedule of major repair and renovation projects
 1397  necessary to maintain the educational facilities and ancillary
 1398  facilities of the district.
 1399         2. A schedule of capital outlay projects necessary to
 1400  ensure the availability of satisfactory student stations for the
 1401  projected student enrollment in K-12 programs. This schedule
 1402  shall consider:
 1403         a. The locations, capacities, and planned utilization rates
 1404  of current educational facilities of the district. The capacity
 1405  of existing satisfactory facilities, as reported in the Florida
 1406  Inventory of School Houses must be compared to the capital
 1407  outlay full-time-equivalent student enrollment as determined by
 1408  the department, including all enrollment used in the calculation
 1409  of the distribution formula in s. 1013.64.
 1410         b. The proposed locations of planned facilities, whether
 1411  those locations are consistent with the comprehensive plans of
 1412  all affected local governments, and recommendations for
 1413  infrastructure and other improvements to land adjacent to
 1414  existing facilities. The provisions of ss. 1013.33(6), (7), and
 1415  (8) and 1013.36 must be addressed for new facilities planned
 1416  within the first 3 years of the work plan, as appropriate.
 1417         c. Plans for the use and location of relocatable
 1418  facilities, leased facilities, and charter school facilities.
 1419         d. Plans for multitrack scheduling, grade level
 1420  organization, block scheduling, or other alternatives that
 1421  reduce the need for additional permanent student stations.
 1422         e. Information concerning average class size and
 1423  utilization rate by grade level within the district which will
 1424  result if the tentative district facilities work program is
 1425  fully implemented.
 1426         f. The number and percentage of district students planned
 1427  to be educated in relocatable facilities during each year of the
 1428  tentative district facilities work program. For determining
 1429  future needs, student capacity may not be assigned to any
 1430  relocatable classroom that is scheduled for elimination or
 1431  replacement with a permanent educational facility in the current
 1432  year of the adopted district educational facilities plan and in
 1433  the district facilities work program adopted under this section.
 1434  Those relocatable classrooms clearly identified and scheduled
 1435  for replacement in a school-board-adopted, financially feasible,
 1436  5-year district facilities work program shall be counted at zero
 1437  capacity at the time the work program is adopted and approved by
 1438  the school board. However, if the district facilities work
 1439  program is changed and the relocatable classrooms are not
 1440  replaced as scheduled in the work program, the classrooms must
 1441  be reentered into the system and be counted at actual capacity.
 1442  Relocatable classrooms may not be perpetually added to the work
 1443  program or continually extended for purposes of circumventing
 1444  this section. All relocatable classrooms not identified and
 1445  scheduled for replacement, including those owned, lease
 1446  purchased, or leased by the school district, must be counted at
 1447  actual student capacity. The district educational facilities
 1448  plan must identify the number of relocatable student stations
 1449  scheduled for replacement during the 5-year survey period and
 1450  the total dollar amount needed for that replacement.
 1451         g. Plans for the closure of any school, including plans for
 1452  disposition of the facility or usage of facility space, and
 1453  anticipated revenues.
 1454         h. Projects for which capital outlay and debt service funds
 1455  accruing under s. 9(d), Art. XII of the State Constitution are
 1456  to be used shall be identified separately in priority order on a
 1457  project priority list within the district facilities work
 1458  program.
 1459         3. The projected cost for each project identified in the
 1460  district facilities work program. For proposed projects for new
 1461  student stations, a schedule shall be prepared comparing the
 1462  planned cost and square footage for each new student station, by
 1463  elementary, middle, and high school levels, to the low, average,
 1464  and high cost of facilities constructed throughout the state
 1465  during the most recent fiscal year for which data is available
 1466  from the Department of Education.
 1467         4. A schedule of estimated capital outlay revenues from
 1468  each currently approved source which is estimated to be
 1469  available for expenditure on the projects included in the
 1470  district facilities work program.
 1471         5. A schedule indicating which projects included in the
 1472  district facilities work program will be funded from current
 1473  revenues projected in subparagraph 4.
 1474         6. A schedule of options for the generation of additional
 1475  revenues by the district for expenditure on projects identified
 1476  in the district facilities work program which are not funded
 1477  under subparagraph 5. Additional anticipated revenues may
 1478  include effort index grants, SIT Program awards, and Classrooms
 1479  First funds.
 1480         Section 62. Subsection (2) of section 1013.356, Florida
 1481  Statutes, is amended to read:
 1482         1013.356 Local funding for educational facilities benefit
 1483  districts or community development districts.—Upon confirmation
 1484  by a district school board of the commitment of revenues by an
 1485  educational facilities benefit district or community development
 1486  district necessary to construct and maintain an educational
 1487  facility contained within an individual district facilities work
 1488  program or proposed by an approved charter school or a charter
 1489  school applicant, the following funds shall be provided to the
 1490  educational facilities benefit district or community development
 1491  district annually, beginning with the next fiscal year after
 1492  confirmation until the district’s financial obligations are
 1493  completed:
 1494         (2) For construction and capital maintenance costs not
 1495  covered by the funds provided under subsection (1), an annual
 1496  amount contributed by the district school board equal to one
 1497  half of the remaining costs of construction and capital
 1498  maintenance of the educational facility. Any construction costs
 1499  above the cost-per-student criteria established in s.
 1500  1013.64(6)(b)1. for the SIT Program in s. 1013.72(2) shall be
 1501  funded exclusively by the educational facilities benefit
 1502  district or the community development district. Funds
 1503  contributed by a district school board shall not be used to fund
 1504  operational costs.
 1505  
 1506  Educational facilities funded pursuant to this act may be
 1507  constructed on land that is owned by any person after the
 1508  district school board has acquired from the owner of the land a
 1509  long-term lease for the use of this land for a period of not
 1510  less than 40 years or the life expectancy of the permanent
 1511  facilities constructed thereon, whichever is longer. All
 1512  interlocal agreements entered into pursuant to this act shall
 1513  provide for ownership of educational facilities funded pursuant
 1514  to this act to revert to the district school board if such
 1515  facilities cease to be used for public educational purposes
 1516  prior to 40 years after construction or prior to the end of the
 1517  life expectancy of the educational facilities, whichever is
 1518  longer.
 1519         Section 63. Subsections (4), (5), and (6) of section
 1520  1013.41, Florida Statutes, are amended to read:
 1521         1013.41 SMART schools; Classrooms First; legislative
 1522  purpose.—
 1523         (4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of
 1524  the Legislature to require the Office of Educational Facilities
 1525  to assist school districts in building SMART schools utilizing
 1526  functional and frugal practices. The Office of Educational
 1527  Facilities must review district facilities work programs and
 1528  projects and identify districts qualified for incentive funding
 1529  available through School Infrastructure Thrift Program awards;
 1530  identify opportunities to maximize design and construction
 1531  savings; develop school district facilities work program
 1532  performance standards; and provide for review and
 1533  recommendations to the Governor, the Legislature, and the State
 1534  Board of Education.
 1535         (5) EFFORT INDEX GRANTS.—It is the purpose of the
 1536  Legislature to create s. 1013.73, in order to provide grants
 1537  from state funds to assist school districts that have provided a
 1538  specified level of local effort funding.
 1539         (6) SCHOOL INFRASTRUCTURE THRIFT (SIT) PROGRAM AWARDS.—It
 1540  is the purpose of the Legislature to convert the SIT Program
 1541  established in ss. 1013.42 and 1013.72 to an incentive award
 1542  program to encourage functional, frugal facilities and
 1543  practices.
 1544         Section 64. Paragraph (b) of subsection (6) of section
 1545  1013.64, Florida Statutes, is amended to read:
 1546         1013.64 Funds for comprehensive educational plant needs;
 1547  construction cost maximums for school district capital
 1548  projects.—Allocations from the Public Education Capital Outlay
 1549  and Debt Service Trust Fund to the various boards for capital
 1550  outlay projects shall be determined as follows:
 1551         (6)
 1552         (b)1. A district school board must not use funds from the
 1553  following sources: Public Education Capital Outlay and Debt
 1554  Service Trust Fund; School District and Community College
 1555  District Capital Outlay and Debt Service Trust Fund; Classrooms
 1556  First Program funds provided in s. 1013.68; effort index grant
 1557  funds provided in s. 1013.73; nonvoted 1.5-mill levy of ad
 1558  valorem property taxes provided in s. 1011.71(2); Classrooms for
 1559  Kids Program funds provided in s. 1013.735; District Effort
 1560  Recognition Program funds provided in s. 1013.736; or High
 1561  Growth District Capital Outlay Assistance Grant Program funds
 1562  provided in s. 1013.738 for any new construction of educational
 1563  plant space with a total cost per student station, including
 1564  change orders, that equals more than:
 1565         a. $17,952 for an elementary school,
 1566         b. $19,386 for a middle school, or
 1567         c. $25,181 for a high school,
 1568  
 1569  (January 2006) as adjusted annually to reflect increases or
 1570  decreases in the Consumer Price Index.
 1571         2. A district school board must not use funds from the
 1572  Public Education Capital Outlay and Debt Service Trust Fund or
 1573  the School District and Community College District Capital
 1574  Outlay and Debt Service Trust Fund for any new construction of
 1575  an ancillary plant that exceeds 70 percent of the average cost
 1576  per square foot of new construction for all schools.
 1577         Section 65. Section 1013.69, Florida Statutes, is amended
 1578  to read:
 1579         1013.69 Full bonding required to participate in programs.
 1580  Any district with unused bonding capacity in its Capital Outlay
 1581  and Debt Service Trust Fund allocation that certifies in its
 1582  district educational facilities plan that it will not be able to
 1583  meet all of its need for new student stations within existing
 1584  revenues must fully bond its Capital Outlay and Debt Service
 1585  Trust Fund allocation before it may participate in Classrooms
 1586  First, the School Infrastructure Thrift (SIT) Program, or the
 1587  Effort Index Grants Program.
 1588         Section 66. Paragraph (b) of subsection (2) of section
 1589  1013.738, Florida Statutes, is amended to read:
 1590         1013.738 High Growth District Capital Outlay Assistance
 1591  Grant Program.—
 1592         (2) In order to qualify for a grant, a school district must
 1593  meet the following criteria:
 1594         (b) Fifty percent of the revenue derived from the 2-mill
 1595  nonvoted discretionary capital outlay millage for the past 4
 1596  fiscal years, when divided by the district’s growth in capital
 1597  outlay FTE students over this period, produces a value that is
 1598  less than the average cost per student station calculated
 1599  pursuant to s. 1013.64(6)(b)1. 1013.72(2), and weighted by
 1600  statewide growth in capital outlay FTE students in elementary,
 1601  middle, and high schools for the past 4 fiscal years.
 1602         Section 67. Except as otherwise expressly provided in this
 1603  act, this act shall take effect upon becoming a law.
 1604  
 1605  ================= T I T L E  A M E N D M E N T ================
 1606         And the title is amended as follows:
 1607         Delete everything before the enacting clause
 1608  and insert:
 1609                        A bill to be entitled                      
 1610         An act relating to the repeal of education provisions;
 1611         amending s. 403.7032, F.S.; removing a requirement
 1612         that each K-12 public school annually report to the
 1613         county on recycled materials; repealing s. 1001.26(3),
 1614         F.S.; removing duplicative, redundant, or unused
 1615         rulemaking authority; repealing s. 1001.435, F.S.,
 1616         relating to a K-12 foreign language curriculum plan;
 1617         repealing s. 1002.23(4), (6), and (9), F.S., relating
 1618         to a parent-response center, submission of family
 1619         involvement and empowerment rules by district school
 1620         boards, and State Board of Education compliance review
 1621         and enforcement under the Family and School
 1622         Partnership for Student Achievement Act; repealing s.
 1623         1002.32(10), F.S.; removing duplicative, redundant, or
 1624         unused rulemaking authority; repealing s. 1002.361,
 1625         F.S., relating to a direct-support organization for
 1626         the Florida School for the Deaf and the Blind;
 1627         repealing s. 1002.375, F.S., relating to a pilot
 1628         project to award alternative credit for high school
 1629         courses; repealing s. 1003.4285(1), F.S., relating to
 1630         a standard high school diploma designation that
 1631         indicates a student’s major area of interest;
 1632         repealing s. 1003.43, F.S., relating to general
 1633         requirements for high school graduation; repealing s.
 1634         1003.433(5), F.S.; removing duplicative, redundant, or
 1635         unused rulemaking authority; repealing s. 1003.453(2),
 1636         F.S., relating to information on school wellness and
 1637         physical education policies posted on Department of
 1638         Education and school district websites; repealing s.
 1639         1003.496, F.S., relating to the High School to
 1640         Business Career Enhancement Program; repealing s.
 1641         1004.05, F.S., relating to substance abuse training
 1642         programs for specified public school personnel;
 1643         amending s. 1004.435, F.S.; removing duplicative,
 1644         redundant, or unused rulemaking authority; amending s.
 1645         1004.45, F.S.; removing unnecessary rulemaking
 1646         authority; repealing s. 1004.62, F.S., relating to
 1647         incentives for state university student internships to
 1648         study urban or socially and economically disadvantaged
 1649         areas; repealing s. 1004.77, F.S., relating to centers
 1650         of technology innovation; repealing s. 1006.02, F.S.,
 1651         relating to provision of information to students and
 1652         parents regarding school-to-work transition; repealing
 1653         s. 1006.035, F.S., relating to a dropout reentry and
 1654         mentor project; repealing s. 1006.051, F.S., relating
 1655         to the Sunshine Workforce Solutions Grant Program;
 1656         repealing s. 1006.09(1)(d), F.S., relating to duties
 1657         of school principals with respect to annual reporting
 1658         and analysis of student suspensions and expulsions;
 1659         repealing ss. 1006.17 and 1006.70, F.S., relating to
 1660         sponsorship of athletic activities similar to those
 1661         for which scholarships are offered; repealing s.
 1662         1006.65, F.S., relating to safety issues in courses
 1663         offered by public postsecondary educational
 1664         institutions; repealing s. 1007.21, F.S., relating to
 1665         readiness for postsecondary education and the
 1666         workplace; repealing s. 1007.35(10), F.S.; removing
 1667         duplicative, redundant, or unused rulemaking
 1668         authority; repealing s. 1008.31(3)(d) and (e), F.S.,
 1669         relating to review and reporting duties of the
 1670         Commissioner of Education with respect to
 1671         consolidating paperwork under Florida’s K-20 education
 1672         performance accountability system; repealing s.
 1673         1009.68, F.S., relating to the Florida Minority
 1674         Medical Education Program; amending s. 1009.85, F.S.;
 1675         removing duplicative, redundant, or unused rulemaking
 1676         authority; repealing s. 1012.58, F.S., relating to the
 1677         Transition to Teaching Program; repealing s.
 1678         1012.71(6), F.S., relating to a pilot program for
 1679         establishing an electronic management system for the
 1680         Florida Teachers Lead Program; repealing s. 1013.231,
 1681         F.S., relating to Florida College System institution
 1682         and state university energy consumption reduction;
 1683         repealing s. 1013.32, F.S., relating to exceptions to
 1684         recommendations in educational plant surveys;
 1685         repealing ss. 1013.42 and 1013.72, F.S., relating to
 1686         the School Infrastructure Thrift (SIT) Program;
 1687         repealing ss. 1013.502 and 1013.721, F.S., relating to
 1688         A Business-Community (ABC) School Program; repealing
 1689         s. 1013.64(7), F.S., relating to exceptions from
 1690         Special Facility Construction Account requirements;
 1691         repealing s. 1013.73, F.S., relating to effort index
 1692         grants for school district facilities; amending ss.
 1693         120.81, 250.115, 409.1451, 1001.11, 1002.20, 1002.33,
 1694         1002.34, 1002.45, 1003.03, 1003.429, 1003.438,
 1695         1003.49, 1004.70, 1004.71, 1006.025, 1006.15,
 1696         1007.263, 1007.271, 1008.22, 1008.23, 1009.40,
 1697         1009.531, 1009.94, 1011.61, 1013.35, 1013.356,
 1698         1013.41, 1013.64, 1013.69, and 1013.738, F.S.;
 1699         conforming provisions; providing effective dates.