Florida Senate - 2013                                    SB 1096
       
       
       
       By Senator Montford
       
       
       
       
       3-00664-13                                            20131096__
    1                        A bill to be entitled                      
    2         An act relating to the repeal of education provisions;
    3         amending s. 403.7032, F.S.; removing a requirement
    4         that each K-12 public school annually report to the
    5         county on recycled materials; repealing s. 1001.435,
    6         F.S., relating to a K-12 foreign language curriculum
    7         plan; repealing s. 1002.23(4), (6), and (9), F.S.,
    8         relating to a parent-response center, submission of
    9         family involvement and empowerment rules by district
   10         school boards, and State Board of Education compliance
   11         review and enforcement under the Family and School
   12         Partnership for Student Achievement Act; repealing s.
   13         1002.361, F.S., relating to a direct-support
   14         organization for the Florida School for the Deaf and
   15         the Blind; repealing s. 1003.4285(1), F.S., relating
   16         to a standard high school diploma designation that
   17         indicates a student’s major area of interest;
   18         repealing s. 1003.43, F.S., relating to general
   19         requirements for high school graduation; repealing s.
   20         1003.453(2), F.S., relating to information on school
   21         wellness and physical education policies posted on
   22         Department of Education and school district websites;
   23         repealing s. 1003.496, F.S., relating to the High
   24         School to Business Career Enhancement Program;
   25         repealing s. 1004.05, F.S., relating to substance
   26         abuse training programs for specified public school
   27         personnel; repealing s. 1004.62, F.S., relating to
   28         incentives for state university student internships to
   29         study urban or socially and economically disadvantaged
   30         areas; repealing s. 1004.77, F.S., relating to centers
   31         of technology innovation; repealing s. 1006.035, F.S.,
   32         relating to a dropout reentry and mentor project;
   33         repealing s. 1006.09(1)(d), F.S., relating to duties
   34         of school principals with respect to annual reporting
   35         and analysis of student suspensions and expulsions;
   36         repealing ss. 1006.17 and 1006.70, F.S., relating to
   37         sponsorship of athletic activities similar to those
   38         for which scholarships are offered; repealing s.
   39         1006.65, F.S., relating to safety issues in courses
   40         offered by public postsecondary educational
   41         institutions; repealing s. 1007.21, F.S., relating to
   42         readiness for postsecondary education and the
   43         workplace; repealing s. 1008.31(3)(d) and (e), F.S.,
   44         relating to review and reporting duties of the
   45         Commissioner of Education with respect to
   46         consolidating paperwork under Florida’s K-20 education
   47         performance accountability system; repealing s.
   48         1009.68, F.S., relating to the Florida Minority
   49         Medical Education Program; repealing s. 1012.58, F.S.,
   50         relating to the Transition to Teaching Program;
   51         repealing s. 1012.71(6), F.S., relating to a pilot
   52         program for establishing an electronic management
   53         system for the Florida Teachers Lead Program;
   54         repealing s. 1013.231, F.S., relating to Florida
   55         College System institution and state university energy
   56         consumption reduction; repealing s. 1013.32, F.S.,
   57         relating to exceptions to recommendations in
   58         educational plant surveys; repealing ss. 1013.42 and
   59         1013.72, F.S., relating to the School Infrastructure
   60         Thrift (SIT) Program; repealing ss. 1013.502 and
   61         1013.721, F.S., relating to A Business-Community (ABC)
   62         School Program; repealing s. 1013.64(7), F.S.,
   63         relating to exceptions from Special Facility
   64         Construction Account requirements; repealing s.
   65         1013.73, F.S., relating to effort index grants for
   66         school district facilities; amending ss. 120.81,
   67         250.115, 409.1451, 1001.11, 1002.20, 1002.33, 1002.34,
   68         1002.45, 1003.03, 1003.429, 1003.438, 1003.49,
   69         1004.70, 1004.71, 1006.15, 1007.263, 1007.271,
   70         1008.22, 1008.23, 1009.40, 1009.531, 1009.94, 1013.35,
   71         1013.356, 1013.41, 1013.64, 1013.69, and 1013.738,
   72         F.S.; conforming provisions; providing an effective
   73         date.
   74  
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Subsection (3) of section 403.7032, Florida
   78  Statutes, is amended to read:
   79         403.7032 Recycling.—
   80         (3) Each state agency, K-12 public school, public
   81  institution of higher learning, community college, and state
   82  university, including all buildings that are occupied by
   83  municipal, county, or state employees and entities occupying
   84  buildings managed by the Department of Management Services,
   85  must, at a minimum, annually report all recycled materials to
   86  the county using the department’s designated reporting format.
   87  Private businesses, other than certified recovered materials
   88  dealers, that recycle paper, metals, glass, plastics, textiles,
   89  rubber materials, and mulch, are encouraged to report the amount
   90  of materials they recycle to the county annually beginning
   91  January 1, 2011, using the department’s designated reporting
   92  format. Using the information provided, the department shall
   93  recognize those private businesses that demonstrate outstanding
   94  recycling efforts. Notwithstanding any other provision of state
   95  or county law, private businesses, other than certified
   96  recovered materials dealers, shall not be required to report
   97  recycling rates. Cities with less than a population of 2,500 and
   98  per capita taxable value less than $48,000 and cities with a per
   99  capita taxable value less than $30,000 are exempt from the
  100  reporting requirement specified in this subsection.
  101         Section 2. Section 1001.435, Florida Statutes, is repealed.
  102         Section 3. Subsections (4), (6), and (9) of section
  103  1002.23, Florida Statutes, are repealed.
  104         Section 4. Section 1002.361, Florida Statutes, is repealed.
  105         Section 5. Subsection (1) of section 1003.4285, Florida
  106  Statutes, is repealed.
  107         Section 6. Section 1003.43, Florida Statutes, is repealed.
  108         Section 7. Subsection (2) of section 1003.453, Florida
  109  Statutes, is repealed.
  110         Section 8. Section 1003.496, Florida Statutes, is repealed.
  111         Section 9. Section 1004.05, Florida Statutes, is repealed.
  112         Section 10. Section 1004.62, Florida Statutes, is repealed.
  113         Section 11. Section 1004.77, Florida Statutes, is repealed.
  114         Section 12. Section 1006.035, Florida Statutes, is
  115  repealed.
  116         Section 13. Paragraph (d) of subsection (1) of section
  117  1006.09, Florida Statutes, is repealed.
  118         Section 14. Sections 1006.17 and 1006.70, Florida Statutes,
  119  are repealed.
  120         Section 15. Section 1006.65, Florida Statutes, is repealed.
  121         Section 16. Section 1007.21, Florida Statutes, is repealed.
  122         Section 17. Paragraphs (d) and (e) of subsection (3) of
  123  section 1008.31, Florida Statutes, are repealed.
  124         Section 18. Section 1009.68, Florida Statutes, is repealed.
  125         Section 19. Section 1012.58, Florida Statutes, is repealed.
  126         Section 20. Subsection (6) of section 1012.71, Florida
  127  Statutes, is repealed.
  128         Section 21. Section 1013.231, Florida Statutes, is
  129  repealed.
  130         Section 22. Section 1013.32, Florida Statutes, is repealed.
  131         Section 23. Sections 1013.42 and 1013.72, Florida Statutes,
  132  are repealed.
  133         Section 24. Sections 1013.502 and 1013.721, Florida
  134  Statutes, are repealed.
  135         Section 25. Subsection (7) of section 1013.64, Florida
  136  Statutes, is repealed.
  137         Section 26. Section 1013.73, Florida Statutes, is repealed.
  138         Section 27. Paragraph (c) of subsection (1) of section
  139  120.81, Florida Statutes, is amended to read:
  140         120.81 Exceptions and special requirements; general areas.—
  141         (1) EDUCATIONAL UNITS.—
  142         (c) Notwithstanding s. 120.52(16), any tests, test scoring
  143  criteria, or testing procedures relating to student assessment
  144  which are developed or administered by the Department of
  145  Education pursuant to s. 1003.428 1003.43, s. 1003.429, s.
  146  1003.438, s. 1008.22, or s. 1008.25, or any other statewide
  147  educational tests required by law, are not rules.
  148         Section 28. Subsection (5) of section 250.115, Florida
  149  Statutes, is amended to read:
  150         250.115 Department of Military Affairs direct-support
  151  organization.—
  152         (5) ACTIVITIES; RESTRICTIONS.—Any transaction or agreement
  153  between the direct-support organization organized pursuant to
  154  this section and another direct-support organization or center
  155  of technology innovation designated under s. 1004.77 must be
  156  approved by the Department of Military Affairs.
  157         Section 29. Paragraph (b) of subsection (5) of section
  158  409.1451, Florida Statutes, is amended to read:
  159         409.1451 Independent living transition services.—
  160         (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER CARE.
  161  Based on the availability of funds, the department shall provide
  162  or arrange for the following services to young adults formerly
  163  in foster care who meet the prescribed conditions and are
  164  determined eligible by the department. The department, or a
  165  community-based care lead agency when the agency is under
  166  contract with the department to provide the services described
  167  under this subsection, shall develop a plan to implement those
  168  services. A plan shall be developed for each community-based
  169  care service area in the state. Each plan that is developed by a
  170  community-based care lead agency shall be submitted to the
  171  department. Each plan shall include the number of young adults
  172  to be served each month of the fiscal year and specify the
  173  number of young adults who will reach 18 years of age who will
  174  be eligible for the plan and the number of young adults who will
  175  reach 23 years of age and will be ineligible for the plan or who
  176  are otherwise ineligible during each month of the fiscal year;
  177  staffing requirements and all related costs to administer the
  178  services and program; expenditures to or on behalf of the
  179  eligible recipients; costs of services provided to young adults
  180  through an approved plan for housing, transportation, and
  181  employment; reconciliation of these expenses and any additional
  182  related costs with the funds allocated for these services; and
  183  an explanation of and a plan to resolve any shortages or
  184  surpluses in order to end the fiscal year with a balanced
  185  budget. The categories of services available to assist a young
  186  adult formerly in foster care to achieve independence are:
  187         (b) Road-to-Independence Program.—
  188         1. The Road-to-Independence Program is intended to help
  189  eligible students who are former foster children in this state
  190  to receive the educational and vocational training needed to
  191  achieve independence. The amount of the award shall be based on
  192  the living and educational needs of the young adult and may be
  193  up to, but may not exceed, the amount of earnings that the
  194  student would have been eligible to earn working a 40-hour-a
  195  week federal minimum wage job.
  196         2. A young adult who has earned a standard high school
  197  diploma or its equivalent as described in s. 1003.428, s.
  198  1003.429, 1003.43 or s. 1003.435, has earned a special diploma
  199  or special certificate of completion as described in s.
  200  1003.438, or has reached 18 years of age but is not yet 21 years
  201  of age is eligible for the initial award, and a young adult
  202  under 23 years of age is eligible for renewal awards, if he or
  203  she:
  204         a. Was a dependent child, under chapter 39, and was living
  205  in licensed foster care or in subsidized independent living at
  206  the time of his or her 18th birthday or is currently living in
  207  licensed foster care or subsidized independent living, or, after
  208  reaching the age of 16, was adopted from foster care or placed
  209  with a court-approved dependency guardian and has spent a
  210  minimum of 6 months in foster care immediately preceding such
  211  placement or adoption;
  212         b. Spent at least 6 months living in foster care before
  213  reaching his or her 18th birthday;
  214         c. Is a resident of this state as defined in s. 1009.40;
  215  and
  216         d. Meets one of the following qualifications:
  217         (I) Has earned a standard high school diploma or its
  218  equivalent as described in s. 1003.428, s. 1003.429, 1003.43 or
  219  s. 1003.435, or has earned a special diploma or special
  220  certificate of completion as described in s. 1003.438, and has
  221  been admitted for full-time enrollment in an eligible
  222  postsecondary education institution as defined in s. 1009.533;
  223         (II) Is enrolled full time in an accredited high school; or
  224         (III) Is enrolled full time in an accredited adult
  225  education program designed to provide the student with a high
  226  school diploma or its equivalent.
  227         3. A young adult applying for the Road-to-Independence
  228  Program must apply for any other grants and scholarships for
  229  which he or she may qualify. The department shall assist the
  230  young adult in the application process and may use the federal
  231  financial aid grant process to determine the funding needs of
  232  the young adult.
  233         4. An award shall be available to a young adult who is
  234  considered a full-time student or its equivalent by the
  235  educational institution in which he or she is enrolled, unless
  236  that young adult has a recognized disability preventing full
  237  time attendance. The amount of the award, whether it is being
  238  used by a young adult working toward completion of a high school
  239  diploma or its equivalent or working toward completion of a
  240  postsecondary education program, shall be determined based on an
  241  assessment of the funding needs of the young adult. This
  242  assessment must consider the young adult’s living and
  243  educational costs and other grants, scholarships, waivers,
  244  earnings, and other income to be received by the young adult. An
  245  award shall be available only to the extent that other grants
  246  and scholarships are not sufficient to meet the living and
  247  educational needs of the young adult, but an award may not be
  248  less than $25 in order to maintain Medicaid eligibility for the
  249  young adult as provided in s. 409.903.
  250         5. The amount of the award may be disregarded for purposes
  251  of determining the eligibility for, or the amount of, any other
  252  federal or federally supported assistance.
  253         6.a. The department must advertise the criteria,
  254  application procedures, and availability of the program to:
  255         (I) Children and young adults in, leaving, or formerly in
  256  foster care.
  257         (II) Case managers.
  258         (III) Guidance and family services counselors.
  259         (IV) Principals or other relevant school administrators.
  260         (V) Guardians ad litem.
  261         (VI) Foster parents.
  262         b. The department shall issue awards from the program for
  263  each young adult who meets all the requirements of the program
  264  to the extent funding is available.
  265         c. An award shall be issued at the time the eligible
  266  student reaches 18 years of age.
  267         d. A young adult who is eligible for the Road-to
  268  Independence Program, transitional support services, or
  269  aftercare services and who so desires shall be allowed to reside
  270  with the licensed foster family or group care provider with whom
  271  he or she was residing at the time of attaining his or her 18th
  272  birthday or to reside in another licensed foster home or with a
  273  group care provider arranged by the department.
  274         e. If the award recipient transfers from one eligible
  275  institution to another and continues to meet eligibility
  276  requirements, the award must be transferred with the recipient.
  277         f. Funds awarded to any eligible young adult under this
  278  program are in addition to any other services or funds provided
  279  to the young adult by the department through transitional
  280  support services or aftercare services.
  281         g. The department shall provide information concerning
  282  young adults receiving funding through the Road-to-Independence
  283  Program to the Department of Education for inclusion in the
  284  student financial assistance database, as provided in s.
  285  1009.94.
  286         h. Funds are intended to help eligible young adults who are
  287  former foster children in this state to receive the educational
  288  and vocational training needed to become independent and self
  289  supporting. The funds shall be terminated when the young adult
  290  has attained one of four postsecondary goals under subsection
  291  (3) or reaches 23 years of age, whichever occurs earlier. In
  292  order to initiate postsecondary education, to allow for a change
  293  in career goal, or to obtain additional skills in the same
  294  educational or vocational area, a young adult may earn no more
  295  than two diplomas, certificates, or credentials. A young adult
  296  attaining an associate of arts or associate of science degree
  297  shall be permitted to work toward completion of a bachelor of
  298  arts or a bachelor of science degree or an equivalent
  299  undergraduate degree. Road-to-Independence Program funds may not
  300  be used for education or training after a young adult has
  301  attained a bachelor of arts or a bachelor of science degree or
  302  an equivalent undergraduate degree.
  303         i. The department shall evaluate and renew each award
  304  annually during the 90-day period before the young adult’s
  305  birthday. In order to be eligible for a renewal award for the
  306  subsequent year, the young adult must:
  307         (I) Complete the number of hours, or the equivalent
  308  considered full time by the educational institution, unless that
  309  young adult has a recognized disability preventing full-time
  310  attendance, in the last academic year in which the young adult
  311  earned an award, except for a young adult who meets the
  312  requirements of s. 1009.41.
  313         (II) Maintain appropriate progress as required by the
  314  educational institution, except that, if the young adult’s
  315  progress is insufficient to renew the award at any time during
  316  the eligibility period, the young adult may restore eligibility
  317  by improving his or her progress to the required level.
  318         j. Funds may be terminated during the interim between an
  319  award and the evaluation for a renewal award if the department
  320  determines that the award recipient is no longer enrolled in an
  321  educational institution as defined in sub-subparagraph 2.d., or
  322  is no longer a state resident. The department shall notify a
  323  recipient who is terminated and inform the recipient of his or
  324  her right to appeal.
  325         k. An award recipient who does not qualify for a renewal
  326  award or who chooses not to renew the award may subsequently
  327  apply for reinstatement. An application for reinstatement must
  328  be made before the young adult reaches 23 years of age, and a
  329  student may not apply for reinstatement more than once. In order
  330  to be eligible for reinstatement, the young adult must meet the
  331  eligibility criteria and the criteria for award renewal for the
  332  program.
  333         Section 30. Subsection (7) of section 1001.11, Florida
  334  Statutes, is amended to read:
  335         1001.11 Commissioner of Education; other duties.—
  336         (7) The commissioner shall make prominently available on
  337  the department’s website the following: links to the Internet
  338  based clearinghouse for professional development regarding
  339  physical education; the school wellness and physical education
  340  policies and other resources required under s. 1003.453(1) and
  341  (2); and other Internet sites that provide professional
  342  development for elementary teachers of physical education as
  343  defined in s. 1003.01(16). These links must provide elementary
  344  teachers with information concerning current physical education
  345  and nutrition philosophy and best practices that result in
  346  student participation in physical activities that promote
  347  lifelong physical and mental well-being.
  348         Section 31. Paragraph (f) of subsection (3) and subsection
  349  (8) of section 1002.20, Florida Statutes, are amended to read:
  350         1002.20 K-12 student and parent rights.—Parents of public
  351  school students must receive accurate and timely information
  352  regarding their child’s academic progress and must be informed
  353  of ways they can help their child to succeed in school. K-12
  354  students and their parents are afforded numerous statutory
  355  rights including, but not limited to, the following:
  356         (3) HEALTH ISSUES.—
  357         (f) Career education courses involving hazardous
  358  substances.—High school students must be given plano safety
  359  glasses or devices in career education courses involving the use
  360  of hazardous substances likely to cause eye injury, in
  361  accordance with the provisions of s. 1006.65.
  362         (8) STUDENTS WITH DISABILITIES.—Parents of public school
  363  students with disabilities and parents of public school students
  364  in residential care facilities are entitled to notice and due
  365  process in accordance with the provisions of ss. 1003.57 and
  366  1003.58. Public school students with disabilities must be
  367  provided the opportunity to meet the graduation requirements for
  368  a standard high school diploma in accordance with the provisions
  369  of s. 1003.428(3) 1003.43(4). Certain public school students
  370  with disabilities may be awarded a special diploma upon high
  371  school graduation.
  372         Section 32. Paragraph (a) of subsection (7) of section
  373  1002.33, Florida Statutes, is amended to read:
  374         1002.33 Charter schools.—
  375         (7) CHARTER.—The major issues involving the operation of a
  376  charter school shall be considered in advance and written into
  377  the charter. The charter shall be signed by the governing board
  378  of the charter school and the sponsor, following a public
  379  hearing to ensure community input.
  380         (a) The charter shall address and criteria for approval of
  381  the charter shall be based on:
  382         1. The school’s mission, the students to be served, and the
  383  ages and grades to be included.
  384         2. The focus of the curriculum, the instructional methods
  385  to be used, any distinctive instructional techniques to be
  386  employed, and identification and acquisition of appropriate
  387  technologies needed to improve educational and administrative
  388  performance which include a means for promoting safe, ethical,
  389  and appropriate uses of technology which comply with legal and
  390  professional standards.
  391         a. The charter shall ensure that reading is a primary focus
  392  of the curriculum and that resources are provided to identify
  393  and provide specialized instruction for students who are reading
  394  below grade level. The curriculum and instructional strategies
  395  for reading must be consistent with the Sunshine State Standards
  396  and grounded in scientifically based reading research.
  397         b. In order to provide students with access to diverse
  398  instructional delivery models, to facilitate the integration of
  399  technology within traditional classroom instruction, and to
  400  provide students with the skills they need to compete in the
  401  21st century economy, the Legislature encourages instructional
  402  methods for blended learning courses consisting of both
  403  traditional classroom and online instructional techniques.
  404  Charter schools may implement blended learning courses which
  405  combine traditional classroom instruction and virtual
  406  instruction. Students in a blended learning course must be full
  407  time students of the charter school and receive the online
  408  instruction in a classroom setting at the charter school.
  409  Instructional personnel certified pursuant to s. 1012.55 who
  410  provide virtual instruction for blended learning courses may be
  411  employees of the charter school or may be under contract to
  412  provide instructional services to charter school students. At a
  413  minimum, such instructional personnel must hold an active state
  414  or school district adjunct certification under s. 1012.57 for
  415  the subject area of the blended learning course. The funding and
  416  performance accountability requirements for blended learning
  417  courses are the same as those for traditional courses.
  418         3. The current incoming baseline standard of student
  419  academic achievement, the outcomes to be achieved, and the
  420  method of measurement that will be used. The criteria listed in
  421  this subparagraph shall include a detailed description of:
  422         a. How the baseline student academic achievement levels and
  423  prior rates of academic progress will be established.
  424         b. How these baseline rates will be compared to rates of
  425  academic progress achieved by these same students while
  426  attending the charter school.
  427         c. To the extent possible, how these rates of progress will
  428  be evaluated and compared with rates of progress of other
  429  closely comparable student populations.
  430  
  431  The district school board is required to provide academic
  432  student performance data to charter schools for each of their
  433  students coming from the district school system, as well as
  434  rates of academic progress of comparable student populations in
  435  the district school system.
  436         4. The methods used to identify the educational strengths
  437  and needs of students and how well educational goals and
  438  performance standards are met by students attending the charter
  439  school. The methods shall provide a means for the charter school
  440  to ensure accountability to its constituents by analyzing
  441  student performance data and by evaluating the effectiveness and
  442  efficiency of its major educational programs. Students in
  443  charter schools shall, at a minimum, participate in the
  444  statewide assessment program created under s. 1008.22.
  445         5. In secondary charter schools, a method for determining
  446  that a student has satisfied the requirements for graduation in
  447  s. 1003.428 or, s. 1003.429, or s. 1003.43.
  448         6. A method for resolving conflicts between the governing
  449  board of the charter school and the sponsor.
  450         7. The admissions procedures and dismissal procedures,
  451  including the school’s code of student conduct.
  452         8. The ways by which the school will achieve a
  453  racial/ethnic balance reflective of the community it serves or
  454  within the racial/ethnic range of other public schools in the
  455  same school district.
  456         9. The financial and administrative management of the
  457  school, including a reasonable demonstration of the professional
  458  experience or competence of those individuals or organizations
  459  applying to operate the charter school or those hired or
  460  retained to perform such professional services and the
  461  description of clearly delineated responsibilities and the
  462  policies and practices needed to effectively manage the charter
  463  school. A description of internal audit procedures and
  464  establishment of controls to ensure that financial resources are
  465  properly managed must be included. Both public sector and
  466  private sector professional experience shall be equally valid in
  467  such a consideration.
  468         10. The asset and liability projections required in the
  469  application which are incorporated into the charter and shall be
  470  compared with information provided in the annual report of the
  471  charter school.
  472         11. A description of procedures that identify various risks
  473  and provide for a comprehensive approach to reduce the impact of
  474  losses; plans to ensure the safety and security of students and
  475  staff; plans to identify, minimize, and protect others from
  476  violent or disruptive student behavior; and the manner in which
  477  the school will be insured, including whether or not the school
  478  will be required to have liability insurance, and, if so, the
  479  terms and conditions thereof and the amounts of coverage.
  480         12. The term of the charter which shall provide for
  481  cancellation of the charter if insufficient progress has been
  482  made in attaining the student achievement objectives of the
  483  charter and if it is not likely that such objectives can be
  484  achieved before expiration of the charter. The initial term of a
  485  charter shall be for 4 or 5 years. In order to facilitate access
  486  to long-term financial resources for charter school
  487  construction, charter schools that are operated by a
  488  municipality or other public entity as provided by law are
  489  eligible for up to a 15-year charter, subject to approval by the
  490  district school board. A charter lab school is eligible for a
  491  charter for a term of up to 15 years. In addition, to facilitate
  492  access to long-term financial resources for charter school
  493  construction, charter schools that are operated by a private,
  494  not-for-profit, s. 501(c)(3) status corporation are eligible for
  495  up to a 15-year charter, subject to approval by the district
  496  school board. Such long-term charters remain subject to annual
  497  review and may be terminated during the term of the charter, but
  498  only according to the provisions set forth in subsection (8).
  499         13. The facilities to be used and their location.
  500         14. The qualifications to be required of the teachers and
  501  the potential strategies used to recruit, hire, train, and
  502  retain qualified staff to achieve best value.
  503         15. The governance structure of the school, including the
  504  status of the charter school as a public or private employer as
  505  required in paragraph (12)(i).
  506         16. A timetable for implementing the charter which
  507  addresses the implementation of each element thereof and the
  508  date by which the charter shall be awarded in order to meet this
  509  timetable.
  510         17. In the case of an existing public school that is being
  511  converted to charter status, alternative arrangements for
  512  current students who choose not to attend the charter school and
  513  for current teachers who choose not to teach in the charter
  514  school after conversion in accordance with the existing
  515  collective bargaining agreement or district school board rule in
  516  the absence of a collective bargaining agreement. However,
  517  alternative arrangements shall not be required for current
  518  teachers who choose not to teach in a charter lab school, except
  519  as authorized by the employment policies of the state university
  520  which grants the charter to the lab school.
  521         18. Full disclosure of the identity of all relatives
  522  employed by the charter school who are related to the charter
  523  school owner, president, chairperson of the governing board of
  524  directors, superintendent, governing board member, principal,
  525  assistant principal, or any other person employed by the charter
  526  school who has equivalent decisionmaking authority. For the
  527  purpose of this subparagraph, the term “relative” means father,
  528  mother, son, daughter, brother, sister, uncle, aunt, first
  529  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  530  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  531  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  532  stepsister, half brother, or half sister.
  533         19. Implementation of the activities authorized under s.
  534  1002.331 by the charter school when it satisfies the eligibility
  535  requirements for a high-performing charter school. A high
  536  performing charter school shall notify its sponsor in writing by
  537  March 1 if it intends to increase enrollment or expand grade
  538  levels the following school year. The written notice shall
  539  specify the amount of the enrollment increase and the grade
  540  levels that will be added, as applicable.
  541         Section 33. Paragraph (g) of subsection (4) of section
  542  1002.34, Florida Statutes, is amended to read:
  543         1002.34 Charter technical career centers.—
  544         (4) CHARTER.—A sponsor may designate centers as provided in
  545  this section. An application to establish a center may be
  546  submitted by a sponsor or another organization that is
  547  determined, by rule of the State Board of Education, to be
  548  appropriate. However, an independent school is not eligible for
  549  status as a center. The charter must be signed by the governing
  550  body of the center and the sponsor and must be approved by the
  551  district school board and Florida College System institution
  552  board of trustees in whose geographic region the facility is
  553  located. If a charter technical career center is established by
  554  the conversion to charter status of a public technical center
  555  formerly governed by a district school board, the charter status
  556  of that center takes precedence in any question of governance.
  557  The governance of the center or of any program within the center
  558  remains with its board of directors unless the board agrees to a
  559  change in governance or its charter is revoked as provided in
  560  subsection (15). Such a conversion charter technical career
  561  center is not affected by a change in the governance of public
  562  technical centers or of programs within other centers that are
  563  or have been governed by district school boards. A charter
  564  technical career center, or any program within such a center,
  565  that was governed by a district school board and transferred to
  566  a Florida College System institution prior to the effective date
  567  of this act is not affected by this provision. An applicant who
  568  wishes to establish a center must submit to the district school
  569  board or Florida College System institution board of trustees,
  570  or a consortium of one or more of each, an application on a form
  571  developed by the Department of Education which includes:
  572         (g) A method for determining whether a student has
  573  satisfied the requirements for graduation specified in s.
  574  1003.428 or s. 1003.429 1003.43 and for completion of a
  575  postsecondary certificate or degree.
  576  
  577  Students at a center must meet the same testing and academic
  578  performance standards as those established by law and rule for
  579  students at public schools and public technical centers. The
  580  students must also meet any additional assessment indicators
  581  that are included within the charter approved by the district
  582  school board or Florida College System institution board of
  583  trustees.
  584         Section 34. Paragraph (b) of subsection (4) of section
  585  1002.45, Florida Statutes, is amended to read:
  586         1002.45 Virtual instruction programs.—
  587         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
  588  provider must at minimum:
  589         (b) Provide a method for determining that a student has
  590  satisfied the requirements for graduation in s. 1003.428 or, s.
  591  1003.429, or s. 1003.43 if the contract is for the provision of
  592  a full-time virtual instruction program to students in grades 9
  593  through 12.
  594         Section 35. Paragraph (e) of subsection (3) of section
  595  1003.03, Florida Statutes, is amended to read:
  596         1003.03 Maximum class size.—
  597         (3) IMPLEMENTATION OPTIONS.—District school boards must
  598  consider, but are not limited to, implementing the following
  599  items in order to meet the constitutional class size maximums
  600  described in subsection (1):
  601         (e) Use innovative methods to reduce the cost of school
  602  construction by using prototype school designs, using SMART
  603  Schools designs, participating in the School Infrastructure
  604  Thrift Program, or any other method not prohibited by law.
  605         Section 36. Subsection (1), paragraph (c) of subsection
  606  (7), and subsection (8) of section 1003.429, Florida Statutes,
  607  are amended to read:
  608         1003.429 Accelerated high school graduation options.—
  609         (1) Students who enter grade 9 in the 2006-2007 school year
  610  and thereafter may select, upon receipt of each consent required
  611  by this section, one of the following three high school
  612  graduation options:
  613         (a) Completion of the general requirements for high school
  614  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  615         (b) Completion of a 3-year standard college preparatory
  616  program requiring successful completion of a minimum of 18
  617  academic credits in grades 9 through 12. At least 6 of the 18
  618  credits required for completion of this program must be received
  619  in classes that are offered pursuant to the International
  620  Baccalaureate Program, the Advanced Placement Program, dual
  621  enrollment, Advanced International Certificate of Education, or
  622  specifically listed or identified by the Department of Education
  623  as rigorous pursuant to s. 1009.531(3). The 18 credits required
  624  for completion of this program shall be primary requirements and
  625  shall be distributed as follows:
  626         1. Four credits in English, with major concentration in
  627  composition and literature;
  628         2. Three credits and, beginning with students entering
  629  grade 9 in the 2010-2011 school year, four credits in
  630  mathematics at the Algebra I level or higher from the list of
  631  courses that qualify for state university admission. Beginning
  632  with students entering grade 9 in the 2010-2011 school year, in
  633  addition to the Algebra I credit requirement, one of the four
  634  credits in mathematics must be geometry or a series of courses
  635  equivalent to geometry as approved by the State Board of
  636  Education. Beginning with students entering grade 9 in the 2010
  637  2011 school year, the end-of-course assessment requirements
  638  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  639  to earn the required credit in Algebra I. Beginning with
  640  students entering grade 9 in the 2011-2012 school year, the end
  641  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  642  must be met in order for a student to earn the required credit
  643  in geometry. Beginning with students entering grade 9 in the
  644  2012-2013 school year, in addition to the Algebra I and geometry
  645  credit requirements, one of the four credits in mathematics must
  646  be Algebra II or a series of courses equivalent to Algebra II as
  647  approved by the State Board of Education;
  648         3. Three credits in science, two of which must have a
  649  laboratory component. Beginning with students entering grade 9
  650  in the 2011-2012 school year, one of the three credits in
  651  science must be Biology I or a series of courses equivalent to
  652  Biology I as approved by the State Board of Education. Beginning
  653  with students entering grade 9 in the 2011-2012 school year, the
  654  end-of-course assessment requirements under s.
  655  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  656  the required credit in Biology I. Beginning with students
  657  entering grade 9 in the 2013-2014 school year, one of the three
  658  credits must be Biology I or a series of courses equivalent to
  659  Biology I as approved by the State Board of Education, one
  660  credit must be chemistry or physics or a series of courses
  661  equivalent to chemistry or physics as approved by the State
  662  Board of Education, and one credit must be an equally rigorous
  663  course, as approved by the State Board of Education;
  664         4. Three credits in social sciences, which must include one
  665  credit in United States history, one credit in world history,
  666  one-half credit in United States government, and one-half credit
  667  in economics;
  668         5. Two credits in the same second language unless the
  669  student is a native speaker of or can otherwise demonstrate
  670  competency in a language other than English. If the student
  671  demonstrates competency in another language, the student may
  672  replace the language requirement with two credits in other
  673  academic courses; and
  674         6. Three credits in electives and, beginning with students
  675  entering grade 9 in the 2010-2011 school year, two credits in
  676  electives; or
  677         (c) Completion of a 3-year career preparatory program
  678  requiring successful completion of a minimum of 18 academic
  679  credits in grades 9 through 12. The 18 credits shall be primary
  680  requirements and shall be distributed as follows:
  681         1. Four credits in English, with major concentration in
  682  composition and literature;
  683         2. Three credits and, beginning with students entering
  684  grade 9 in the 2010-2011 school year, four credits in
  685  mathematics, one of which must be Algebra I. Beginning with
  686  students entering grade 9 in the 2010-2011 school year, in
  687  addition to the Algebra I credit requirement, one of the four
  688  credits in mathematics must be geometry or a series of courses
  689  equivalent to geometry as approved by the State Board of
  690  Education. Beginning with students entering grade 9 in the 2010
  691  2011 school year, the end-of-course assessment requirements
  692  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  693  to earn the required credit in Algebra I. Beginning with
  694  students entering grade 9 in the 2011-2012 school year, the end
  695  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  696  must be met in order for a student to earn the required credit
  697  in geometry. Beginning with students entering grade 9 in the
  698  2012-2013 school year, in addition to the Algebra I and geometry
  699  credit requirements, one of the four credits in mathematics must
  700  be Algebra II or a series of courses equivalent to Algebra II as
  701  approved by the State Board of Education;
  702         3. Three credits in science, two of which must have a
  703  laboratory component. Beginning with students entering grade 9
  704  in the 2011-2012 school year, one of the three credits in
  705  science must be Biology I or a series of courses equivalent to
  706  Biology I as approved by the State Board of Education. Beginning
  707  with students entering grade 9 in the 2011-2012 school year, the
  708  end-of-course assessment requirements under s.
  709  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  710  the required credit in Biology I. Beginning with students
  711  entering grade 9 in the 2013-2014 school year, one of the three
  712  credits must be Biology I or a series of courses equivalent to
  713  Biology I as approved by the State Board of Education, one
  714  credit must be chemistry or physics or a series of courses
  715  equivalent to chemistry or physics as approved by the State
  716  Board of Education, and one credit must be an equally rigorous
  717  course, as approved by the State Board of Education;
  718         4. Three credits in social sciences, which must include one
  719  credit in United States history, one credit in world history,
  720  one-half credit in United States government, and one-half credit
  721  in economics;
  722         5. Three credits in a single vocational or career education
  723  program, three credits in career and technical certificate dual
  724  enrollment courses, or five credits in vocational or career
  725  education courses; and
  726         6. Two credits and, beginning with students entering grade
  727  9 in the 2010-2011 school year, one credit in electives unless
  728  five credits are earned pursuant to subparagraph 5.
  729  
  730  Any student who selected an accelerated graduation program
  731  before July 1, 2004, may continue that program, and all
  732  statutory program requirements that were applicable when the
  733  student made the program choice shall remain applicable to the
  734  student as long as the student continues that program.
  735         (7) If, at the end of each grade, a student is not on track
  736  to meet the credit, assessment, or grade-point-average
  737  requirements of the accelerated graduation option selected, the
  738  school shall notify the student and parent of the following:
  739         (c) The right of the student to change to the 4-year
  740  program set forth in s. 1003.428 or s. 1003.43, as applicable.
  741         (8) A student who selected one of the accelerated 3-year
  742  graduation options shall automatically move to the 4-year
  743  program set forth in s. 1003.428 or s. 1003.43, if applicable,
  744  if the student:
  745         (a) Exercises his or her right to change to the 4-year
  746  program;
  747         (b) Fails to earn 5 credits by the end of grade 9 or fails
  748  to earn 11 credits by the end of grade 10;
  749         (c) Does not achieve a score of 3 or higher on the grade 10
  750  FCAT Writing assessment; or
  751         (d) By the end of grade 11 does not meet the requirements
  752  of subsections (1) and (6).
  753         Section 37. Section 1003.438, Florida Statutes, is amended
  754  to read:
  755         1003.438 Special high school graduation requirements for
  756  certain exceptional students.—A student who has been identified,
  757  in accordance with rules established by the State Board of
  758  Education, as a student with disabilities who has an
  759  intellectual disability; an autism spectrum disorder; a language
  760  impairment; an orthopedic impairment; an other health
  761  impairment; a traumatic brain injury; an emotional or behavioral
  762  disability; a specific learning disability, including, but not
  763  limited to, dyslexia, dyscalculia, or developmental aphasia; or
  764  students who are deaf or hard of hearing or dual sensory
  765  impaired shall not be required to meet all requirements of s.
  766  1003.43 or s. 1003.428 or s. 1003.429 and shall, upon meeting
  767  all applicable requirements prescribed by the district school
  768  board pursuant to s. 1008.25, be awarded a special diploma in a
  769  form prescribed by the commissioner; however, such special
  770  graduation requirements prescribed by the district school board
  771  must include minimum graduation requirements as prescribed by
  772  the commissioner. Any such student who meets all special
  773  requirements of the district school board, but is unable to meet
  774  the appropriate special state minimum requirements, shall be
  775  awarded a special certificate of completion in a form prescribed
  776  by the commissioner. However, this section does not limit or
  777  restrict the right of an exceptional student solely to a special
  778  diploma or special certificate of completion. Any such student
  779  shall, upon proper request, be afforded the opportunity to fully
  780  meet all requirements of s. 1003.43 or s. 1003.428 or s.
  781  1003.429 through the standard procedures established therein and
  782  thereby to qualify for a standard diploma upon graduation.
  783         Section 38. Subsection (1) of section 1003.49, Florida
  784  Statutes, is amended to read:
  785         1003.49 Graduation and promotion requirements for publicly
  786  operated schools.—
  787         (1) Each state or local public agency, including the
  788  Department of Children and Family Services, the Department of
  789  Corrections, the boards of trustees of universities and Florida
  790  College System institutions, and the Board of Trustees of the
  791  Florida School for the Deaf and the Blind, which agency is
  792  authorized to operate educational programs for students at any
  793  level of grades kindergarten through 12 shall be subject to all
  794  applicable requirements of ss. 1003.428, 1003.429 1003.43,
  795  1008.23, and 1008.25. Within the content of these cited statutes
  796  each such state or local public agency or entity shall be
  797  considered a “district school board.”
  798         Section 39. Paragraph (c) of subsection (4) of section
  799  1004.70, Florida Statutes, is amended to read:
  800         1004.70 Florida College System institution direct-support
  801  organizations.—
  802         (4) ACTIVITIES; RESTRICTIONS.—
  803         (c) Any transaction or agreement between one direct-support
  804  organization and another direct-support organization or between
  805  a direct-support organization and a center of technology
  806  innovation designated under s. 1004.77 must be approved by the
  807  board of trustees.
  808         Section 40. Paragraph (b) of subsection (4) of section
  809  1004.71, Florida Statutes, is amended to read:
  810         1004.71 Statewide Florida College System institution
  811  direct-support organizations.—
  812         (4) RESTRICTIONS.—
  813         (b) Any transaction or agreement between a statewide,
  814  direct-support organization and any other direct-support
  815  organization or between a statewide, direct-support organization
  816  and a center of technology innovation designated under s.
  817  1004.77 must be approved by the State Board of Education.
  818         Section 41. Paragraph (a) of subsection (3) of section
  819  1006.15, Florida Statutes, is amended to read:
  820         1006.15 Student standards for participation in
  821  interscholastic and intrascholastic extracurricular student
  822  activities; regulation.—
  823         (3)(a) To be eligible to participate in interscholastic
  824  extracurricular student activities, a student must:
  825         1. Maintain a grade point average of 2.0 or above on a 4.0
  826  scale, or its equivalent, in the previous semester or a
  827  cumulative grade point average of 2.0 or above on a 4.0 scale,
  828  or its equivalent, in the courses required by s. 1003.428 or s.
  829  1003.429 1003.43(1).
  830         2. Execute and fulfill the requirements of an academic
  831  performance contract between the student, the district school
  832  board, the appropriate governing association, and the student’s
  833  parents, if the student’s cumulative grade point average falls
  834  below 2.0, or its equivalent, on a 4.0 scale in the courses
  835  required by s. 1003.428 or s. 1003.429 1003.43(1) or, for
  836  students who entered the 9th grade prior to the 1997-1998 school
  837  year, if the student’s cumulative grade point average falls
  838  below 2.0 on a 4.0 scale, or its equivalent, in the courses
  839  required by s. 1003.43(1) which are taken after July 1, 1997. At
  840  a minimum, the contract must require that the student attend
  841  summer school, or its graded equivalent, between grades 9 and 10
  842  or grades 10 and 11, as necessary.
  843         3. Have a cumulative grade point average of 2.0 or above on
  844  a 4.0 scale, or its equivalent, in the courses required by s.
  845  1003.428 or s. 1003.429 1003.43(1) during his or her junior or
  846  senior year.
  847         4. Maintain satisfactory conduct, including adherence to
  848  appropriate dress and other codes of student conduct policies
  849  described in s. 1006.07(2). If a student is convicted of, or is
  850  found to have committed, a felony or a delinquent act that would
  851  have been a felony if committed by an adult, regardless of
  852  whether adjudication is withheld, the student’s participation in
  853  interscholastic extracurricular activities is contingent upon
  854  established and published district school board policy.
  855         Section 42. Subsection (4) of section 1007.263, Florida
  856  Statutes, is amended to read:
  857         1007.263 Florida College System institutions; admissions of
  858  students.—Each Florida College System institution board of
  859  trustees is authorized to adopt rules governing admissions of
  860  students subject to this section and rules of the State Board of
  861  Education. These rules shall include the following:
  862         (4) A student who has been awarded a special diploma as
  863  defined in s. 1003.438 or a certificate of completion as defined
  864  in s. 1003.428(7)(b) 1003.43(10) is eligible to enroll in
  865  certificate career education programs.
  866  
  867  Each board of trustees shall establish policies that notify
  868  students about, and place students into, adult basic education,
  869  adult secondary education, or other instructional programs that
  870  provide students with alternatives to traditional college
  871  preparatory instruction, including private provider instruction.
  872  A student is prohibited from enrolling in additional college
  873  level courses until the student scores above the cut-score on
  874  all sections of the common placement test.
  875         Section 43. Subsections (2) and (9) of section 1007.271,
  876  Florida Statutes, are amended to read:
  877         1007.271 Dual enrollment programs.—
  878         (2) For the purpose of this section, an eligible secondary
  879  student is a student who is enrolled in a Florida public
  880  secondary school or in a Florida private secondary school which
  881  is in compliance with s. 1002.42(2) and provides a secondary
  882  curriculum pursuant to s. 1003.428 or, s. 1003.429, or s.
  883  1003.43. Students who are eligible for dual enrollment pursuant
  884  to this section may enroll in dual enrollment courses conducted
  885  during school hours, after school hours, and during the summer
  886  term. However, if the student is projected to graduate from high
  887  school before the scheduled completion date of a postsecondary
  888  course, the student may not register for that course through
  889  dual enrollment. The student may apply to the postsecondary
  890  institution and pay the required registration, tuition, and fees
  891  if the student meets the postsecondary institution’s admissions
  892  requirements under s. 1007.263. Instructional time for dual
  893  enrollment may vary from 900 hours; however, the school district
  894  may only report the student for a maximum of 1.0 FTE, as
  895  provided in s. 1011.61(4). Any student enrolled as a dual
  896  enrollment student is exempt from the payment of registration,
  897  tuition, and laboratory fees. Vocational-preparatory
  898  instruction, college-preparatory instruction, and other forms of
  899  precollegiate instruction, as well as physical education courses
  900  that focus on the physical execution of a skill rather than the
  901  intellectual attributes of the activity, are ineligible for
  902  inclusion in the dual enrollment program. Recreation and leisure
  903  studies courses shall be evaluated individually in the same
  904  manner as physical education courses for potential inclusion in
  905  the program.
  906         (9) The Commissioner of Education shall appoint faculty
  907  committees representing public school, Florida College System
  908  institution, and university faculties to identify postsecondary
  909  courses that meet the high school graduation requirements of s.
  910  1003.428 or, s. 1003.429, or s. 1003.43 and to establish the
  911  number of postsecondary semester credit hours of instruction and
  912  equivalent high school credits earned through dual enrollment
  913  pursuant to this section that are necessary to meet high school
  914  graduation requirements. Such equivalencies shall be determined
  915  solely on comparable course content and not on seat time
  916  traditionally allocated to such courses in high school. The
  917  Commissioner of Education shall recommend to the State Board of
  918  Education those postsecondary courses identified to meet high
  919  school graduation requirements, based on mastery of course
  920  outcomes, by their course numbers, and all high schools shall
  921  accept these postsecondary education courses toward meeting the
  922  requirements of s. 1003.428 or, s. 1003.429, or s. 1003.43.
  923         Section 44. Paragraph (c) of subsection (3) of section
  924  1008.22, Florida Statutes, is amended to read:
  925         1008.22 Student assessment program for public schools.—
  926         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  927  design and implement a statewide program of educational
  928  assessment that provides information for the improvement of the
  929  operation and management of the public schools, including
  930  schools operating for the purpose of providing educational
  931  services to youth in Department of Juvenile Justice programs.
  932  The commissioner may enter into contracts for the continued
  933  administration of the assessment programs authorized and funded
  934  by the Legislature. Contracts may be initiated in 1 fiscal year
  935  and continue into the next and may be paid from the
  936  appropriations of either or both fiscal years. The commissioner
  937  is authorized to negotiate for the sale or lease of tests,
  938  scoring protocols, test scoring services, and related materials
  939  developed pursuant to law. Pursuant to the statewide assessment
  940  program, the commissioner shall:
  941         (c) Develop and implement a student achievement assessment
  942  program as follows:
  943         1. The Florida Comprehensive Assessment Test (FCAT)
  944  measures a student’s content knowledge and skills in reading,
  945  writing, science, and mathematics. The content knowledge and
  946  skills assessed by the FCAT must be aligned to the core
  947  curricular content established in the Next Generation Sunshine
  948  State Standards. FCAT Reading and FCAT Mathematics shall be
  949  administered annually in grades 3 through 10 except, beginning
  950  with the 2010-2011 school year, the administration of grade 9
  951  FCAT Mathematics shall be discontinued, and beginning with the
  952  2011-2012 school year, the administration of grade 10 FCAT
  953  Mathematics shall be discontinued, except as required for
  954  students who have not attained minimum performance expectations
  955  for graduation as provided in paragraph (9)(c). FCAT Writing and
  956  FCAT Science shall be administered at least once at the
  957  elementary, middle, and high school levels except, beginning
  958  with the 2011-2012 school year, the administration of FCAT
  959  Science at the high school level shall be discontinued. Students
  960  enrolled in an Algebra I, geometry, or Biology I course or an
  961  equivalent course with a statewide, standardized end-of-course
  962  assessment are not required to take the corresponding grade
  963  level FCAT assessment.
  964         2.a. End-of-course assessments must be rigorous, statewide,
  965  standardized, and developed or approved by the department. The
  966  content knowledge and skills assessed by end-of-course
  967  assessments must be aligned to the core curricular content
  968  established in the Next Generation Sunshine State Standards.
  969         (I) Statewide, standardized end-of-course assessments in
  970  mathematics shall be administered according to this sub-sub
  971  subparagraph. Beginning with the 2010-2011 school year, all
  972  students enrolled in Algebra I or an equivalent course must take
  973  the Algebra I end-of-course assessment. For students entering
  974  grade 9 during the 2010-2011 school year and who are enrolled in
  975  Algebra I or an equivalent, each student’s performance on the
  976  end-of-course assessment in Algebra I shall constitute 30
  977  percent of the student’s final course grade. Beginning with the
  978  2012-2013 school year, the end-of-course assessment in Algebra I
  979  shall be administered four times annually. Beginning with
  980  students entering grade 9 in the 2011-2012 school year, a
  981  student who is enrolled in Algebra I or an equivalent must earn
  982  a passing score on the end-of-course assessment in Algebra I or
  983  attain an equivalent score as described in subsection (11) in
  984  order to earn course credit. Beginning with the 2011-2012 school
  985  year, all students enrolled in geometry or an equivalent course
  986  must take the geometry end-of-course assessment. For students
  987  entering grade 9 during the 2011-2012 school year, each
  988  student’s performance on the end-of-course assessment in
  989  geometry 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 geometry or attain an
  993  equivalent score as described in subsection (11) in order to
  994  earn course credit.
  995         (II) Statewide, standardized end-of-course assessments in
  996  science shall be administered according to this sub-sub
  997  subparagraph. Beginning with the 2011-2012 school year, all
  998  students enrolled in Biology I or an equivalent course must take
  999  the Biology I end-of-course assessment. For the 2011-2012 school
 1000  year, each student’s performance on the end-of-course assessment
 1001  in Biology I shall constitute 30 percent of the student’s final
 1002  course grade. Beginning with students entering grade 9 during
 1003  the 2012-2013 school year, a student must earn a passing score
 1004  on the end-of-course assessment in Biology I in order to earn
 1005  course credit.
 1006         b. During the 2012-2013 school year, an end-of-course
 1007  assessment in civics education shall be administered as a field
 1008  test at the middle school level. During the 2013-2014 school
 1009  year, each student’s performance on the statewide, standardized
 1010  end-of-course assessment in civics education shall constitute 30
 1011  percent of the student’s final course grade. Beginning with the
 1012  2014-2015 school year, a student must earn a passing score on
 1013  the end-of-course assessment in civics education in order to
 1014  pass the course and be promoted from the middle grades. The
 1015  school principal of a middle school shall determine, in
 1016  accordance with State Board of Education rule, whether a student
 1017  who transfers to the middle school and who has successfully
 1018  completed a civics education course at the student’s previous
 1019  school must take an end-of-course assessment in civics
 1020  education.
 1021         c. The commissioner may select one or more nationally
 1022  developed comprehensive examinations, which may include, but
 1023  need not be limited to, examinations for a College Board
 1024  Advanced Placement course, International Baccalaureate course,
 1025  or Advanced International Certificate of Education course, or
 1026  industry-approved examinations to earn national industry
 1027  certifications identified in the Industry Certification Funding
 1028  List, pursuant to rules adopted by the State Board of Education,
 1029  for use as end-of-course assessments under this paragraph, if
 1030  the commissioner determines that the content knowledge and
 1031  skills assessed by the examinations meet or exceed the grade
 1032  level expectations for the core curricular content established
 1033  for the course in the Next Generation Sunshine State Standards.
 1034  The commissioner may collaborate with the American Diploma
 1035  Project in the adoption or development of rigorous end-of-course
 1036  assessments that are aligned to the Next Generation Sunshine
 1037  State Standards.
 1038         d. Contingent upon funding provided in the General
 1039  Appropriations Act, including the appropriation of funds
 1040  received through federal grants, the Commissioner of Education
 1041  shall establish an implementation schedule for the development
 1042  and administration of additional statewide, standardized end-of
 1043  course assessments in English/Language Arts II, Algebra II,
 1044  chemistry, physics, earth/space science, United States history,
 1045  and world history. Priority shall be given to the development of
 1046  end-of-course assessments in English/Language Arts II. The
 1047  Commissioner of Education shall evaluate the feasibility and
 1048  effect of transitioning from the grade 9 and grade 10 FCAT
 1049  Reading and high school level FCAT Writing to an end-of-course
 1050  assessment in English/Language Arts II. The commissioner shall
 1051  report the results of the evaluation to the President of the
 1052  Senate and the Speaker of the House of Representatives no later
 1053  than July 1, 2011.
 1054         3. The assessment program shall measure student content
 1055  knowledge and skills adopted by the State Board of Education as
 1056  specified in paragraph (a) and measure and report student
 1057  performance levels of all students assessed in reading, writing,
 1058  mathematics, and science. The commissioner shall provide for the
 1059  tests to be developed or obtained, as appropriate, through
 1060  contracts and project agreements with private vendors, public
 1061  vendors, public agencies, postsecondary educational
 1062  institutions, or school districts. The commissioner shall obtain
 1063  input with respect to the design and implementation of the
 1064  assessment program from state educators, assistive technology
 1065  experts, and the public.
 1066         4. The assessment program shall be composed of criterion
 1067  referenced tests that shall, to the extent determined by the
 1068  commissioner, include test items that require the student to
 1069  produce information or perform tasks in such a way that the core
 1070  content knowledge and skills he or she uses can be measured.
 1071         5. FCAT Reading, Mathematics, and Science and all
 1072  statewide, standardized end-of-course assessments shall measure
 1073  the content knowledge and skills a student has attained on the
 1074  assessment by the use of scaled scores and achievement levels.
 1075  Achievement levels shall range from 1 through 5, with level 1
 1076  being the lowest achievement level, level 5 being the highest
 1077  achievement level, and level 3 indicating satisfactory
 1078  performance on an assessment. For purposes of FCAT Writing,
 1079  student achievement shall be scored using a scale of 1 through 6
 1080  and the score earned shall be used in calculating school grades.
 1081  A score shall be designated for each subject area tested, below
 1082  which score a student’s performance is deemed inadequate. The
 1083  school districts shall provide appropriate remedial instruction
 1084  to students who score below these levels.
 1085         6. The State Board of Education shall, by rule, designate a
 1086  passing score for each part of the grade 10 assessment test and
 1087  end-of-course assessments. Any rule that has the effect of
 1088  raising the required passing scores may apply only to students
 1089  taking the assessment for the first time after the rule is
 1090  adopted by the State Board of Education. Except as otherwise
 1091  provided in this subparagraph and as provided in s.
 1092  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
 1093  passing score on grade 10 FCAT Reading and grade 10 FCAT
 1094  Mathematics or attain concordant scores as described in
 1095  subsection (10) in order to qualify for a standard high school
 1096  diploma.
 1097         7. In addition to designating a passing score under
 1098  subparagraph 6., the State Board of Education shall also
 1099  designate, by rule, a score for each statewide, standardized
 1100  end-of-course assessment which indicates that a student is high
 1101  achieving and has the potential to meet college-readiness
 1102  standards by the time the student graduates from high school.
 1103         8. Participation in the assessment program is mandatory for
 1104  all students attending public school, including students served
 1105  in Department of Juvenile Justice programs, except as otherwise
 1106  prescribed by the commissioner. A student who has not earned
 1107  passing scores on the grade 10 FCAT as provided in subparagraph
 1108  6. must participate in each retake of the assessment until the
 1109  student earns passing scores or achieves scores on a
 1110  standardized assessment which are concordant with passing scores
 1111  pursuant to subsection (10). If a student does not participate
 1112  in the statewide assessment, the district must notify the
 1113  student’s parent and provide the parent with information
 1114  regarding the implications of such nonparticipation. A parent
 1115  must provide signed consent for a student to receive classroom
 1116  instructional accommodations that would not be available or
 1117  permitted on the statewide assessments and must acknowledge in
 1118  writing that he or she understands the implications of such
 1119  instructional accommodations. The State Board of Education shall
 1120  adopt rules, based upon recommendations of the commissioner, for
 1121  the provision of test accommodations for students in exceptional
 1122  education programs and for students who have limited English
 1123  proficiency. Accommodations that negate the validity of a
 1124  statewide assessment are not allowable in the administration of
 1125  the FCAT or an end-of-course assessment. However, instructional
 1126  accommodations are allowable in the classroom if included in a
 1127  student’s individual education plan. Students using
 1128  instructional accommodations in the classroom that are not
 1129  allowable as accommodations on the FCAT or an end-of-course
 1130  assessment may have the FCAT or an end-of-course assessment
 1131  requirement waived pursuant to the requirements of s.
 1132  1003.428(8)(b) or s. 1003.43(11)(b).
 1133         9. A student seeking an adult high school diploma must meet
 1134  the same testing requirements that a regular high school student
 1135  must meet.
 1136         10. District school boards must provide instruction to
 1137  prepare students in the core curricular content established in
 1138  the Next Generation Sunshine State Standards adopted under s.
 1139  1003.41, including the core content knowledge and skills
 1140  necessary for successful grade-to-grade progression and high
 1141  school graduation. If a student is provided with instructional
 1142  accommodations in the classroom that are not allowable as
 1143  accommodations in the statewide assessment program, as described
 1144  in the test manuals, the district must inform the parent in
 1145  writing and must provide the parent with information regarding
 1146  the impact on the student’s ability to meet expected performance
 1147  levels in reading, writing, mathematics, and science. The
 1148  commissioner shall conduct studies as necessary to verify that
 1149  the required core curricular content is part of the district
 1150  instructional programs.
 1151         11. District school boards must provide opportunities for
 1152  students to demonstrate an acceptable performance level on an
 1153  alternative standardized assessment approved by the State Board
 1154  of Education following enrollment in summer academies.
 1155         12. The Department of Education must develop, or select,
 1156  and implement a common battery of assessment tools that will be
 1157  used in all juvenile justice programs in the state. These tools
 1158  must accurately measure the core curricular content established
 1159  in the Next Generation Sunshine State Standards.
 1160         13. For students seeking a special diploma pursuant to s.
 1161  1003.438, the Department of Education must develop or select and
 1162  implement an alternate assessment tool that accurately measures
 1163  the core curricular content established in the Next Generation
 1164  Sunshine State Standards for students with disabilities under s.
 1165  1003.438.
 1166         14. The Commissioner of Education shall establish schedules
 1167  for the administration of statewide assessments and the
 1168  reporting of student test results. When establishing the
 1169  schedules for the administration of statewide assessments, the
 1170  commissioner shall consider the observance of religious and
 1171  school holidays. The commissioner shall, by August 1 of each
 1172  year, notify each school district in writing and publish on the
 1173  department’s Internet website the testing and reporting
 1174  schedules for, at a minimum, the school year following the
 1175  upcoming school year. The testing and reporting schedules shall
 1176  require that:
 1177         a. There is the latest possible administration of statewide
 1178  assessments and the earliest possible reporting to the school
 1179  districts of student test results which is feasible within
 1180  available technology and specific appropriations; however, test
 1181  results for the FCAT must be made available no later than the
 1182  week of June 8. Student results for end-of-course assessments
 1183  must be provided no later than 1 week after the school district
 1184  completes testing for each course. The commissioner may extend
 1185  the reporting schedule under exigent circumstances.
 1186         b. FCAT Writing may not be administered earlier than the
 1187  week of March 1, and a comprehensive statewide assessment of any
 1188  other subject may not be administered earlier than the week of
 1189  April 15.
 1190         c. A statewide, standardized end-of-course assessment is
 1191  administered at the end of the course. The commissioner shall
 1192  select an administration period for assessments that meets the
 1193  intent of end-of-course assessments and provides student results
 1194  prior to the end of the course. School districts shall
 1195  administer tests in accordance with the schedule determined by
 1196  the commissioner. For an end-of-course assessment administered
 1197  at the end of the first semester, the commissioner shall
 1198  determine the most appropriate testing dates based on a review
 1199  of each school district’s academic calendar.
 1200  
 1201  The commissioner may, based on collaboration and input from
 1202  school districts, design and implement student testing programs,
 1203  for any grade level and subject area, necessary to effectively
 1204  monitor educational achievement in the state, including the
 1205  measurement of educational achievement of the Next Generation
 1206  Sunshine State Standards for students with disabilities.
 1207  Development and refinement of assessments shall include
 1208  universal design principles and accessibility standards that
 1209  will prevent any unintended obstacles for students with
 1210  disabilities while ensuring the validity and reliability of the
 1211  test. These principles should be applicable to all technology
 1212  platforms and assistive devices available for the assessments.
 1213  The field testing process and psychometric analyses for the
 1214  statewide assessment program must include an appropriate
 1215  percentage of students with disabilities and an evaluation or
 1216  determination of the effect of test items on such students.
 1217         Section 45. Section 1008.23, Florida Statutes, is amended
 1218  to read:
 1219         1008.23 Confidentiality of assessment instruments.—All
 1220  examination and assessment instruments, including developmental
 1221  materials and workpapers directly related thereto, which are
 1222  prepared, prescribed, or administered pursuant to ss. 1003.43,
 1223  1008.22, and 1008.25 shall be confidential and exempt from the
 1224  provisions of s. 119.07(1) and from s. 1001.52. Provisions
 1225  governing access, maintenance, and destruction of such
 1226  instruments and related materials shall be prescribed by rules
 1227  of the State Board of Education.
 1228         Section 46. Paragraph (a) of subsection (1) of section
 1229  1009.40, Florida Statutes, is amended to read:
 1230         1009.40 General requirements for student eligibility for
 1231  state financial aid awards and tuition assistance grants.—
 1232         (1)(a) The general requirements for eligibility of students
 1233  for state financial aid awards and tuition assistance grants
 1234  consist of the following:
 1235         1. Achievement of the academic requirements of and
 1236  acceptance at a state university or Florida College System
 1237  institution; a nursing diploma school approved by the Florida
 1238  Board of Nursing; a Florida college or university which is
 1239  accredited by an accrediting agency recognized by the State
 1240  Board of Education; any Florida institution the credits of which
 1241  are acceptable for transfer to state universities; any career
 1242  center; or any private career institution accredited by an
 1243  accrediting agency recognized by the State Board of Education.
 1244         2. Residency in this state for no less than 1 year
 1245  preceding the award of aid or a tuition assistance grant for a
 1246  program established pursuant to s. 1009.50, s. 1009.505, s.
 1247  1009.51, s. 1009.52, s. 1009.53, s. 1009.56, s. 1009.60, s.
 1248  1009.62, s. 1009.68, s. 1009.72, s. 1009.73, s. 1009.77, s.
 1249  1009.89, or s. 1009.891. Residency in this state must be for
 1250  purposes other than to obtain an education. Resident status for
 1251  purposes of receiving state financial aid awards shall be
 1252  determined in the same manner as resident status for tuition
 1253  purposes pursuant to s. 1009.21.
 1254         3. Submission of certification attesting to the accuracy,
 1255  completeness, and correctness of information provided to
 1256  demonstrate a student’s eligibility to receive state financial
 1257  aid awards or tuition assistance grants. Falsification of such
 1258  information shall result in the denial of any pending
 1259  application and revocation of any award or grant currently held
 1260  to the extent that no further payments shall be made.
 1261  Additionally, students who knowingly make false statements in
 1262  order to receive state financial aid awards or tuition
 1263  assistance grants commit a misdemeanor of the second degree
 1264  subject to the provisions of s. 837.06 and shall be required to
 1265  return all state financial aid awards or tuition assistance
 1266  grants wrongfully obtained.
 1267         Section 47. Paragraph (b) of subsection (1) of section
 1268  1009.531, Florida Statutes, is amended to read:
 1269         1009.531 Florida Bright Futures Scholarship Program;
 1270  student eligibility requirements for initial awards.—
 1271         (1) Effective January 1, 2008, in order to be eligible for
 1272  an initial award from any of the three types of scholarships
 1273  under the Florida Bright Futures Scholarship Program, a student
 1274  must:
 1275         (b) Earn a standard Florida high school diploma or its
 1276  equivalent pursuant to s. 1003.428, s. 1003.4281, s. 1003.429,
 1277  s. 1003.43, or s. 1003.435 unless:
 1278         1. The student completes a home education program according
 1279  to s. 1002.41; or
 1280         2. The student earns a high school diploma from a non
 1281  Florida school while living with a parent or guardian who is on
 1282  military or public service assignment away from Florida.
 1283         Section 48. Paragraph (c) of subsection (2) of section
 1284  1009.94, Florida Statutes, is amended to read:
 1285         1009.94 Student financial assistance database.—
 1286         (2) For purposes of this section, financial assistance
 1287  includes:
 1288         (c) Any financial assistance provided under s. 1009.50, s.
 1289  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.55, s.
 1290  1009.56, s. 1009.60, s. 1009.62, s. 1009.68, s. 1009.70, s.
 1291  1009.701, s. 1009.72, s. 1009.73, s. 1009.74, s. 1009.77, s.
 1292  1009.89, or s. 1009.891.
 1293         Section 49. Paragraph (b) of subsection (2) of section
 1294  1013.35, Florida Statutes, is amended to read:
 1295         1013.35 School district educational facilities plan;
 1296  definitions; preparation, adoption, and amendment; long-term
 1297  work programs.—
 1298         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 1299  FACILITIES PLAN.—
 1300         (b) The plan must also include a financially feasible
 1301  district facilities work program for a 5-year period. The work
 1302  program must include:
 1303         1. A schedule of major repair and renovation projects
 1304  necessary to maintain the educational facilities and ancillary
 1305  facilities of the district.
 1306         2. A schedule of capital outlay projects necessary to
 1307  ensure the availability of satisfactory student stations for the
 1308  projected student enrollment in K-12 programs. This schedule
 1309  shall consider:
 1310         a. The locations, capacities, and planned utilization rates
 1311  of current educational facilities of the district. The capacity
 1312  of existing satisfactory facilities, as reported in the Florida
 1313  Inventory of School Houses must be compared to the capital
 1314  outlay full-time-equivalent student enrollment as determined by
 1315  the department, including all enrollment used in the calculation
 1316  of the distribution formula in s. 1013.64.
 1317         b. The proposed locations of planned facilities, whether
 1318  those locations are consistent with the comprehensive plans of
 1319  all affected local governments, and recommendations for
 1320  infrastructure and other improvements to land adjacent to
 1321  existing facilities. The provisions of ss. 1013.33(6), (7), and
 1322  (8) and 1013.36 must be addressed for new facilities planned
 1323  within the first 3 years of the work plan, as appropriate.
 1324         c. Plans for the use and location of relocatable
 1325  facilities, leased facilities, and charter school facilities.
 1326         d. Plans for multitrack scheduling, grade level
 1327  organization, block scheduling, or other alternatives that
 1328  reduce the need for additional permanent student stations.
 1329         e. Information concerning average class size and
 1330  utilization rate by grade level within the district which will
 1331  result if the tentative district facilities work program is
 1332  fully implemented.
 1333         f. The number and percentage of district students planned
 1334  to be educated in relocatable facilities during each year of the
 1335  tentative district facilities work program. For determining
 1336  future needs, student capacity may not be assigned to any
 1337  relocatable classroom that is scheduled for elimination or
 1338  replacement with a permanent educational facility in the current
 1339  year of the adopted district educational facilities plan and in
 1340  the district facilities work program adopted under this section.
 1341  Those relocatable classrooms clearly identified and scheduled
 1342  for replacement in a school-board-adopted, financially feasible,
 1343  5-year district facilities work program shall be counted at zero
 1344  capacity at the time the work program is adopted and approved by
 1345  the school board. However, if the district facilities work
 1346  program is changed and the relocatable classrooms are not
 1347  replaced as scheduled in the work program, the classrooms must
 1348  be reentered into the system and be counted at actual capacity.
 1349  Relocatable classrooms may not be perpetually added to the work
 1350  program or continually extended for purposes of circumventing
 1351  this section. All relocatable classrooms not identified and
 1352  scheduled for replacement, including those owned, lease
 1353  purchased, or leased by the school district, must be counted at
 1354  actual student capacity. The district educational facilities
 1355  plan must identify the number of relocatable student stations
 1356  scheduled for replacement during the 5-year survey period and
 1357  the total dollar amount needed for that replacement.
 1358         g. Plans for the closure of any school, including plans for
 1359  disposition of the facility or usage of facility space, and
 1360  anticipated revenues.
 1361         h. Projects for which capital outlay and debt service funds
 1362  accruing under s. 9(d), Art. XII of the State Constitution are
 1363  to be used shall be identified separately in priority order on a
 1364  project priority list within the district facilities work
 1365  program.
 1366         3. The projected cost for each project identified in the
 1367  district facilities work program. For proposed projects for new
 1368  student stations, a schedule shall be prepared comparing the
 1369  planned cost and square footage for each new student station, by
 1370  elementary, middle, and high school levels, to the low, average,
 1371  and high cost of facilities constructed throughout the state
 1372  during the most recent fiscal year for which data is available
 1373  from the Department of Education.
 1374         4. A schedule of estimated capital outlay revenues from
 1375  each currently approved source which is estimated to be
 1376  available for expenditure on the projects included in the
 1377  district facilities work program.
 1378         5. A schedule indicating which projects included in the
 1379  district facilities work program will be funded from current
 1380  revenues projected in subparagraph 4.
 1381         6. A schedule of options for the generation of additional
 1382  revenues by the district for expenditure on projects identified
 1383  in the district facilities work program which are not funded
 1384  under subparagraph 5. Additional anticipated revenues may
 1385  include effort index grants, SIT Program awards, and Classrooms
 1386  First funds.
 1387         Section 50. Subsection (2) of section 1013.356, Florida
 1388  Statutes, is amended to read:
 1389         1013.356 Local funding for educational facilities benefit
 1390  districts or community development districts.—Upon confirmation
 1391  by a district school board of the commitment of revenues by an
 1392  educational facilities benefit district or community development
 1393  district necessary to construct and maintain an educational
 1394  facility contained within an individual district facilities work
 1395  program or proposed by an approved charter school or a charter
 1396  school applicant, the following funds shall be provided to the
 1397  educational facilities benefit district or community development
 1398  district annually, beginning with the next fiscal year after
 1399  confirmation until the district’s financial obligations are
 1400  completed:
 1401         (2) For construction and capital maintenance costs not
 1402  covered by the funds provided under subsection (1), an annual
 1403  amount contributed by the district school board equal to one
 1404  half of the remaining costs of construction and capital
 1405  maintenance of the educational facility. Any construction costs
 1406  above the cost-per-student criteria established in s.
 1407  1013.64(6)(b)1. for the SIT Program in s. 1013.72(2) shall be
 1408  funded exclusively by the educational facilities benefit
 1409  district or the community development district. Funds
 1410  contributed by a district school board shall not be used to fund
 1411  operational costs.
 1412  
 1413  Educational facilities funded pursuant to this act may be
 1414  constructed on land that is owned by any person after the
 1415  district school board has acquired from the owner of the land a
 1416  long-term lease for the use of this land for a period of not
 1417  less than 40 years or the life expectancy of the permanent
 1418  facilities constructed thereon, whichever is longer. All
 1419  interlocal agreements entered into pursuant to this act shall
 1420  provide for ownership of educational facilities funded pursuant
 1421  to this act to revert to the district school board if such
 1422  facilities cease to be used for public educational purposes
 1423  prior to 40 years after construction or prior to the end of the
 1424  life expectancy of the educational facilities, whichever is
 1425  longer.
 1426         Section 51. Subsections (4), (5), and (6) of section
 1427  1013.41, Florida Statutes, are amended to read:
 1428         1013.41 SMART schools; Classrooms First; legislative
 1429  purpose.—
 1430         (4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of
 1431  the Legislature to require the Office of Educational Facilities
 1432  to assist school districts in building SMART schools utilizing
 1433  functional and frugal practices. The Office of Educational
 1434  Facilities must review district facilities work programs and
 1435  projects and identify districts qualified for incentive funding
 1436  available through School Infrastructure Thrift Program awards;
 1437  identify opportunities to maximize design and construction
 1438  savings; develop school district facilities work program
 1439  performance standards; and provide for review and
 1440  recommendations to the Governor, the Legislature, and the State
 1441  Board of Education.
 1442         (5) EFFORT INDEX GRANTS.—It is the purpose of the
 1443  Legislature to create s. 1013.73, in order to provide grants
 1444  from state funds to assist school districts that have provided a
 1445  specified level of local effort funding.
 1446         (6) SCHOOL INFRASTRUCTURE THRIFT (SIT) PROGRAM AWARDS.—It
 1447  is the purpose of the Legislature to convert the SIT Program
 1448  established in ss. 1013.42 and 1013.72 to an incentive award
 1449  program to encourage functional, frugal facilities and
 1450  practices.
 1451         Section 52. Paragraph (b) of subsection (6) of section
 1452  1013.64, Florida Statutes, is amended to read:
 1453         1013.64 Funds for comprehensive educational plant needs;
 1454  construction cost maximums for school district capital
 1455  projects.—Allocations from the Public Education Capital Outlay
 1456  and Debt Service Trust Fund to the various boards for capital
 1457  outlay projects shall be determined as follows:
 1458         (6)
 1459         (b)1. A district school board must not use funds from the
 1460  following sources: Public Education Capital Outlay and Debt
 1461  Service Trust Fund; School District and Community College
 1462  District Capital Outlay and Debt Service Trust Fund; Classrooms
 1463  First Program funds provided in s. 1013.68; effort index grant
 1464  funds provided in s. 1013.73; nonvoted 1.5-mill levy of ad
 1465  valorem property taxes provided in s. 1011.71(2); Classrooms for
 1466  Kids Program funds provided in s. 1013.735; District Effort
 1467  Recognition Program funds provided in s. 1013.736; or High
 1468  Growth District Capital Outlay Assistance Grant Program funds
 1469  provided in s. 1013.738 for any new construction of educational
 1470  plant space with a total cost per student station, including
 1471  change orders, that equals more than:
 1472         a. $17,952 for an elementary school,
 1473         b. $19,386 for a middle school, or
 1474         c. $25,181 for a high school,
 1475  
 1476  (January 2006) as adjusted annually to reflect increases or
 1477  decreases in the Consumer Price Index.
 1478         2. A district school board must not use funds from the
 1479  Public Education Capital Outlay and Debt Service Trust Fund or
 1480  the School District and Community College District Capital
 1481  Outlay and Debt Service Trust Fund for any new construction of
 1482  an ancillary plant that exceeds 70 percent of the average cost
 1483  per square foot of new construction for all schools.
 1484         Section 53. Section 1013.69, Florida Statutes, is amended
 1485  to read:
 1486         1013.69 Full bonding required to participate in programs.
 1487  Any district with unused bonding capacity in its Capital Outlay
 1488  and Debt Service Trust Fund allocation that certifies in its
 1489  district educational facilities plan that it will not be able to
 1490  meet all of its need for new student stations within existing
 1491  revenues must fully bond its Capital Outlay and Debt Service
 1492  Trust Fund allocation before it may participate in Classrooms
 1493  First, the School Infrastructure Thrift (SIT) Program, or the
 1494  Effort Index Grants Program.
 1495         Section 54. Paragraph (b) of subsection (2) of section
 1496  1013.738, Florida Statutes, is amended to read:
 1497         1013.738 High Growth District Capital Outlay Assistance
 1498  Grant Program.—
 1499         (2) In order to qualify for a grant, a school district must
 1500  meet the following criteria:
 1501         (b) Fifty percent of the revenue derived from the 2-mill
 1502  nonvoted discretionary capital outlay millage for the past 4
 1503  fiscal years, when divided by the district’s growth in capital
 1504  outlay FTE students over this period, produces a value that is
 1505  less than the average cost per student station calculated
 1506  pursuant to s. 1013.64(6)(b)1. 1013.72(2), and weighted by
 1507  statewide growth in capital outlay FTE students in elementary,
 1508  middle, and high schools for the past 4 fiscal years.
 1509         Section 55. This act shall take effect upon becoming a law.