Florida Senate - 2014 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 790
Ì611516ÈÎ611516
576-02496-14
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.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
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:
68 (15) FLORIDA DIGITAL CLASSROOMS.—
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.