Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 790
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1011.62,
    3         F.S.; providing the purpose for the Florida digital
    4         classrooms allocation; requiring a school district to
    5         adopt a district digital classrooms plan and submit
    6         the plan to the Department of Education for approval;
    7         providing requirements for the plan; requiring that
    8         allocated funds be used for a specified purpose;
    9         requiring a district school board to submit to the
   10         department the district’s digital classrooms plan;
   11         providing requirements for the district’s plan;
   12         requiring the State Board of Education to adopt a
   13         Florida digital classrooms plan that establishes
   14         certain protocols, parameters, requirements, and
   15         digital tools; authorizing the Department of Education
   16         to consult with qualified experts to develop the
   17         Florida digital classrooms plan; providing
   18         requirements for the plan; providing calculations for
   19         funding; requiring the commissioner to support
   20         statewide, coordinated partnerships and efforts of
   21         education practitioners to identify and share best
   22         practices, corrective actions, and other identified
   23         needs; requiring each district school board to report
   24         by a specified date to the department the district’s
   25         use of funds and student performance outcomes;
   26         requiring the Auditor General to verify the use of
   27         Florida digital classrooms allocation funds; requiring
   28         the commissioner to provide by a specified date to the
   29         Governor and the Legislature a summary of each
   30         district’s use of funds, student performance outcomes,
   31         and progress toward meeting statutory requirements and
   32         timelines; authorizing the State Board of Education to
   33         adopt rules; amending s. 1002.33, F.S.; conforming
   34         provisions to changes made by the act; amending s.
   35         1002.45, F.S.; conforming provisions to changes made
   36         by the act; repealing s. 1006.281, F.S., relating to
   37         local instructional improvement systems; repealing s.
   38         1006.282, F.S., relating to a pilot program for the
   39         transition to electronic and digital instructional
   40         materials; amending s. 1006.38, F.S.; conforming
   41         provisions to changes made by the act; creating s.
   42         1007.2616, F.S.; requiring public schools to provide
   43         students in grades K-12 opportunities for learning
   44         computer science, including, but not limited to,
   45         computer coding and computer programming; authorizing
   46         grade-specific instruction in specified areas;
   47         authorizing elementary schools and middle schools to
   48         establish digital classrooms for specified purposes;
   49         authorizing high schools to provide students with
   50         opportunities to take certain computer science courses
   51         to satisfy requirements for high school graduation;
   52         providing exceptions for certain course requirements
   53         for high school graduation; authorizing the State
   54         Board of Education to adopt rules; amending s.
   55         1011.71, F.S.; conforming provisions to changes made
   56         by the act; providing an effective date.
   58  Be It Enacted by the Legislature of the State of Florida:
   60         Section 1. Subsection (15) is added to section 1011.62,
   61  Florida Statutes, to read:
   62         1011.62 Funds for operation of schools.—If the annual
   63  allocation from the Florida Education Finance Program to each
   64  district for operation of schools is not determined in the
   65  annual appropriations act or the substantive bill implementing
   66  the annual appropriations act, it shall be determined as
   67  follows:
   69         (a)The Florida digital classrooms allocation is created to
   70  support district and school efforts and strategies to improve
   71  outcomes related to student performance by integrating
   72  technology in classroom teaching and learning. The outcomes must
   73  be measurable and may also be unique to the needs of individual
   74  schools and school districts within the general parameters
   75  established by the Department of Education.
   76         (b)Each district school board shall adopt a district
   77  digital classrooms plan that meets the unique needs of students,
   78  schools, and personnel and submit the plan for approval to the
   79  department. In addition, each district school board must, at a
   80  minimum, seek input from the district’s instructional,
   81  curriculum, and information technology staff to develop the
   82  district digital classrooms plan. The district’s plan must be
   83  within the general parameters established in the Florida digital
   84  classrooms plan pursuant to paragraph (c). In addition, if the
   85  district participates in federal technology initiatives and
   86  grant programs, the district digital classrooms plan must
   87  include a plan for meeting requirements of such initiatives and
   88  grant programs. Funds allocated under this subsection must be
   89  used to support implementation of district digital classrooms
   90  plans. By October 1, 2014, and by March 1 of each year
   91  thereafter, on a date determined by the department, each
   92  district school board shall submit to the department, in a
   93  format prescribed by the department, a digital classrooms plan.
   94  At a minimum, such plan must include, and be annually updated to
   95  reflect, the following:
   96         1. Measurable student performance outcomes. Outcomes
   97  related to student performance, including outcomes for students
   98  with disabilities, must be tied to the efforts and strategies to
   99  improve outcomes related to student performance by integrating
  100  technology in classroom teaching and learning. Results of the
  101  outcomes shall be reported at least annually for the current
  102  school year and subsequent 3 years and be accompanied by an
  103  independent evaluation and validation of the reported results.
  104         2.Digital learning and technology infrastructure purchases
  105  and operational activities. Such purchases and activities must
  106  be tied to the measurable outcomes under subparagraph 1.,
  107  including, but not limited to, connectivity, broadband access,
  108  wireless capacity, Internet speed, and data security, all of
  109  which must meet or exceed minimum requirements and protocols
  110  established by the department. For each year that the district
  111  uses funds for infrastructure, a third-party, independent
  112  evaluation of the district’s technology inventory and
  113  infrastructure needs must accompany the district’s plan.
  114         3.Professional development purchases and operational
  115  activities. Such purchases and activities must be tied to the
  116  measurable outcomes under subparagraph 1., including, but not
  117  limited to, using technology in the classroom and improving
  118  digital literacy and competency.
  119         4.Digital tool purchases and operational activities. Such
  120  purchases and activities must be tied to the measurable outcomes
  121  under subparagraph 1., including, but not limited to,
  122  competency-based credentials that measure and demonstrate
  123  digital competency and certifications; third-party assessments
  124  that demonstrate acquired knowledge and use of digital
  125  applications; and devices that meet or exceed minimum
  126  requirements and protocols established by the department.
  127         5.Online assessment-related purchases and operational
  128  activities. Such purchases and activities must be tied to the
  129  measurable outcomes under subparagraph 1., including, but not
  130  limited to, expanding the capacity to administer assessments and
  131  compatibility with minimum assessment protocols and requirements
  132  established by the department.
  133         (c) The State Board of Education shall adopt a Florida
  134  digital classrooms plan that, at a minimum, establishes minimum
  135  protocols, parameters, and requirements for district-level
  136  infrastructure, school-level infrastructure, and digital tools
  137  that accommodate statutory requirements and timelines for
  138  instruction, learning, assessments, and accountability. The
  139  Department of Education may consult with qualified experts to
  140  develop the Florida digital classrooms plan. The Florida digital
  141  classrooms plan shall be prepared for the current school year
  142  and the subsequent 5 years. The plan shall be reviewed and
  143  updated annually and must specify the criteria for the annual
  144  review and approval of the districts’ digital classrooms plans.
  145         (d) The Legislature shall annually provide in the General
  146  Appropriations Act a Florida Education Finance Program (FEFP)
  147  allocation for implementation of the digital classrooms plan to
  148  be calculated in an amount up to 1 percent of the base student
  149  allocation multiplied by the total K-12 full-time equivalent
  150  student enrollment included in the FEFP calculations for the
  151  legislative appropriation or as provided in the General
  152  Appropriations Act. Each school district shall be provided a
  153  minimum of $250,000, with the remaining balance of the
  154  allocation to be distributed based on each district’s proportion
  155  of the total K-12 full-time equivalent student enrollment.
  156  Distribution of funds for the Florida digital classrooms
  157  allocation shall begin following submittal of each district’s
  158  digital classrooms plan, which must include formal verification
  159  of the superintendent’s approval of the digital classrooms plan
  160  of each charter school in the district, and approval of the plan
  161  by the department. Prior to the distribution of the Florida
  162  digital classrooms allocation funds, each district school
  163  superintendent shall certify to the Commissioner of Education
  164  that the district school board has approved a comprehensive
  165  district digital classrooms plan that supports the fidelity of
  166  implementation of the Florida digital classrooms allocation.
  167  District allocations shall be recalculated during the fiscal
  168  year consistent with the periodic recalculation of the FEFP.
  169  School districts shall provide a proportionate share of the
  170  digital classrooms allocation to each charter school in the
  171  district, as required for categorical programs in s.
  172  1002.33(17)(b). A school district may use a competitive process
  173  to distribute funds for the Florida digital classrooms
  174  allocation to the schools within the school district.
  175         (e) To facilitate the implementation of the district
  176  digital classrooms plans and charter school digital classrooms
  177  plans, the commissioner shall support statewide, coordinated
  178  partnerships and efforts of this state’s education practitioners
  179  in the field, including, but not limited to, superintendents,
  180  principals, and teachers, to identify and share best practices,
  181  corrective actions, and other identified needs.
  182         (f) Beginning in the 2015-2016 fiscal year and each year
  183  thereafter, each district school board shall report to the
  184  department its use of funds provided through the Florida digital
  185  classrooms allocation and student performance outcomes in
  186  accordance with the district’s digital classrooms plan. The
  187  Auditor General shall, during scheduled operational audits of
  188  the school districts, verify compliance of the use of Florida
  189  digital classrooms allocation funds in accordance with the
  190  district’s digital classrooms plan. No later than October 1 of
  191  each year, beginning in the 2015-2016 fiscal year, the
  192  commissioner shall provide to the Governor, the President of the
  193  Senate, and the Speaker of the House of Representatives a
  194  summary of each district’s use of funds, student performance
  195  outcomes, and progress toward meeting statutory requirements and
  196  timelines.
  197         (g) The State Board of Education may adopt rules pursuant
  198  to ss. 120.536(1) and 120.54 to administer this subsection.
  199         Section 2. Paragraph (b) of subsection (17) and paragraph
  200  (a) of subsection (20) of section 1002.33, Florida Statutes, are
  201  amended to read:
  202         1002.33 Charter schools.—
  203         (17) FUNDING.—Students enrolled in a charter school,
  204  regardless of the sponsorship, shall be funded as if they are in
  205  a basic program or a special program, the same as students
  206  enrolled in other public schools in the school district. Funding
  207  for a charter lab school shall be as provided in s. 1002.32.
  208         (b) The basis for the agreement for funding students
  209  enrolled in a charter school shall be the sum of the school
  210  district’s operating funds from the Florida Education Finance
  211  Program as provided in s. 1011.62 and the General Appropriations
  212  Act, including gross state and local funds, discretionary
  213  lottery funds, and funds from the school district’s current
  214  operating discretionary millage levy; divided by total funded
  215  weighted full-time equivalent students in the school district;
  216  multiplied by the weighted full-time equivalent students for the
  217  charter school. Charter schools whose students or programs meet
  218  the eligibility criteria in law are shall be entitled to their
  219  proportionate share of categorical program funds included in the
  220  total funds available in the Florida Education Finance Program
  221  by the Legislature, including transportation and the Florida
  222  digital classrooms allocation. Total funding for each charter
  223  school shall be recalculated during the year to reflect the
  224  revised calculations under the Florida Education Finance Program
  225  by the state and the actual weighted full-time equivalent
  226  students reported by the charter school during the full-time
  227  equivalent student survey periods designated by the Commissioner
  228  of Education.
  229         (20) SERVICES.—
  230         (a)1. A sponsor shall provide certain administrative and
  231  educational services to charter schools. These services shall
  232  include contract management services; full-time equivalent and
  233  data reporting services; exceptional student education
  234  administration services; services related to eligibility and
  235  reporting duties required to ensure that school lunch services
  236  under the federal lunch program, consistent with the needs of
  237  the charter school, are provided by the school district at the
  238  request of the charter school, that any funds due to the charter
  239  school under the federal lunch program be paid to the charter
  240  school as soon as the charter school begins serving food under
  241  the federal lunch program, and that the charter school is paid
  242  at the same time and in the same manner under the federal lunch
  243  program as other public schools serviced by the sponsor or the
  244  school district; test administration services, including payment
  245  of the costs of state-required or district-required student
  246  assessments; processing of teacher certificate data services;
  247  and information services, including equal access to student
  248  information systems that are used by public schools in the
  249  district in which the charter school is located. Student
  250  performance data for each student in a charter school,
  251  including, but not limited to, FCAT scores, standardized test
  252  scores, previous public school student report cards, and student
  253  performance measures, shall be provided by the sponsor to a
  254  charter school in the same manner provided to other public
  255  schools in the district.
  256         2. A total administrative fee for the provision of such
  257  services shall be calculated based upon up to 5 percent of the
  258  available funds defined in paragraph (17)(b) for all students,
  259  except that when 75 percent or more of the students enrolled in
  260  the charter school are exceptional students as defined in s.
  261  1003.01(3), the 5 percent of those available funds shall be
  262  calculated based on unweighted full-time equivalent students.
  263  However, a sponsor may only withhold up to a 5-percent
  264  administrative fee for enrollment for up to and including 250
  265  students. For charter schools with a population of 251 or more
  266  students, the difference between the total administrative fee
  267  calculation and the amount of the administrative fee withheld
  268  may only be used for capital outlay purposes specified in s.
  269  1013.62(2).
  270         3. For high-performing charter schools, as defined in ch.
  271  2011-232, a sponsor may withhold a total administrative fee of
  272  up to 2 percent for enrollment up to and including 250 students
  273  per school.
  274         4. In addition, a sponsor may withhold only up to a 5
  275  percent administrative fee for enrollment for up to and
  276  including 500 students within a system of charter schools which
  277  meets all of the following:
  278         a. Includes both conversion charter schools and
  279  nonconversion charter schools;
  280         b. Has all schools located in the same county;
  281         c. Has a total enrollment exceeding the total enrollment of
  282  at least one school district in the state;
  283         d. Has the same governing board; and
  284         e. Does not contract with a for-profit service provider for
  285  management of school operations.
  286         5. The difference between the total administrative fee
  287  calculation and the amount of the administrative fee withheld
  288  pursuant to subparagraph 4. may be used for instructional and
  289  administrative purposes as well as for capital outlay purposes
  290  specified in s. 1013.62(2).
  291         6. For a high-performing charter school system that also
  292  meets the requirements in subparagraph 4., a sponsor may
  293  withhold a 2-percent administrative fee for enrollments up to
  294  and including 500 students per system.
  295         7. Sponsors shall not charge charter schools any additional
  296  fees or surcharges for administrative and educational services
  297  in addition to the maximum 5-percent administrative fee withheld
  298  pursuant to this paragraph.
  299         8. The sponsor of a virtual charter school may withhold a
  300  fee of up to 5 percent. The funds shall be used to cover the
  301  cost of services provided under subparagraph 1. and
  302  implementation of for the school district’s digital classrooms
  303  plan pursuant to s. 1011.62 local instructional improvement
  304  system pursuant to s. 1006.281 or other technological tools that
  305  are required to access electronic and digital instructional
  306  materials.
  307         Section 3. Paragraph (e) of subsection (1) of section
  308  1002.45, Florida Statutes, is amended to read:
  309         1002.45 Virtual instruction programs.—
  310         (1) PROGRAM.—
  311         (e) Each school district shall:
  312         1. Provide to the department by October 1, 2011, and by
  313  each October 1 thereafter, a copy of each contract and the
  314  amounts paid per unweighted full-time equivalent student for
  315  services procured pursuant to subparagraphs (c)1. and 2.
  316         2. Expend the difference in funds provided for a student
  317  participating in the school district virtual instruction program
  318  pursuant to subsection (7) and the price paid for contracted
  319  services procured pursuant to subparagraphs (c)1. and 2. for
  320  implementation of the school district’s digital classrooms plan
  321  pursuant to s. 1011.62 the district’s local instructional
  322  improvement system pursuant to s. 1006.281 or other
  323  technological tools that are required to access electronic and
  324  digital instructional materials.
  325         3. At the end of each fiscal year, but no later than
  326  September 1, report to the department an itemized list of the
  327  technological tools purchased with these funds.
  328         Section 4. Section 1006.281, Florida Statutes, is repealed.
  329         Section 5. Section 1006.282, Florida Statutes, is repealed.
  330         Section 6. Paragraph (b) of subsection (3) of section
  331  1006.38, Florida Statutes, is amended:
  332         1006.38 Duties, responsibilities, and requirements of
  333  instructional materials publishers and manufacturers.—This
  334  section applies to both the state and district approval
  335  processes. Publishers and manufacturers of instructional
  336  materials, or their representatives, shall:
  337         (3) Submit, at a time designated in s. 1006.33, the
  338  following information:
  339         (b) Evidence that the publisher or manufacturer has
  340  provided materials that address the performance standards
  341  provided for in s. 1001.03(1) and that can be accessed through
  342  the school district’s digital classrooms plan local
  343  instructional improvement system and a variety of electronic,
  344  digital, and mobile devices.
  345         Section 7. Section 1007.2616, Florida Statutes, is created
  346  to read:
  347         1007.2616 Computer science and technology instruction.—
  348         (1)Public schools shall provide students in grades K-12
  349  opportunities for learning computer science, including, but not
  350  limited to, computer coding and computer programming. Such
  351  opportunities may include coding instruction in elementary
  352  school and middle school, instruction to develop students’
  353  computer usage and digital literacy skills in middle school, and
  354  courses in computer science, computer coding, and computer
  355  programming in high school, including earning related industry
  356  certifications.
  357         (2)Elementary schools and middle schools may establish
  358  digital classrooms in which students are provided opportunities
  359  to improve digital literacy and competency; to learn digital
  360  skills, such as coding, multiple media presentation, and the
  361  manipulation of multiple digital graphic images; and to earn
  362  digital tools, such as certificates and certifications pursuant
  363  to s. 1003.4203 and grade-appropriate, technology-related
  364  industry certifications.
  365         (3)High schools may provide students with opportunities to
  366  take computer science courses to satisfy high school graduation
  367  requirements, including, but not limited to, the following:
  368         (a) High school computer science courses of sufficient
  369  rigor, as identified by the commissioner, such that one credit
  370  in computer science and the earning of related industry
  371  certifications constitute the equivalent of up to one credit of
  372  mathematics requirement, with the exception of Algebra I or
  373  higher level mathematics, or up to one credit of science
  374  requirement, with the exception of Biology I or higher level
  375  science, for high school graduation. Computer science courses
  376  and technology-related industry certifications that are
  377  identified as eligible for meeting mathematics or science
  378  requirements for high school graduation shall be included in the
  379  Course Code Directory.
  380         (b)High school computer technology courses in 3D rapid
  381  prototype printing of sufficient rigor, as identified by the
  382  commissioner, such that one or more credits in such courses and
  383  related industry certifications earned may satisfy up to two
  384  credits of mathematics required for high school graduation.
  385  Computer technology courses in 3D rapid prototype printing and
  386  related industry certifications that are identified as eligible
  387  for meeting mathematics requirements for high school graduation
  388  shall be included in the Course Code Directory.
  389         (c) Courses in computer science, such that one credit, at
  390  the discretion of the local district school board, may satisfy
  391  one credit in physical education which is required for high
  392  school graduation.
  393         (4) The State Board of Education may adopt rules pursuant
  394  to ss. 120.536(1) and 120.54 to administer this section.
  395         Section 8. Paragraph (d) of subsection (2) of section
  396  1011.71, Florida Statutes, is amended to read:
  397         1011.71 District school tax.—
  398         (2) In addition to the maximum millage levy as provided in
  399  subsection (1), each school board may levy not more than 1.5
  400  mills against the taxable value for school purposes for district
  401  schools, including charter schools at the discretion of the
  402  school board, to fund:
  403         (d) The purchase, lease-purchase, or lease of new and
  404  replacement equipment; computer hardware, including electronic
  405  hardware and other hardware devices necessary for gaining access
  406  to or enhancing the use of electronic content and resources or
  407  to facilitate the access to and the use of a school district’s
  408  digital classrooms plan pursuant to s. 1011.62 electronic
  409  learning management system pursuant to s. 1006.281, excluding
  410  software other than the operating system necessary to operate
  411  the hardware or device; and enterprise resource software
  412  applications that are classified as capital assets in accordance
  413  with definitions of the Governmental Accounting Standards Board,
  414  have a useful life of at least 5 years, and are used to support
  415  districtwide administration or state-mandated reporting
  416  requirements.
  417         Section 9. This act shall take effect July 1, 2014.