Florida Senate - 2015                                    SB 2508
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-02864-15                                          20152508__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1001.7065,
    3         F.S.; requiring a state research university to enter
    4         into and maintain a formal agreement with a specified
    5         organization to offer college-sponsored merit
    6         scholarship awards as a condition of designation as a
    7         preeminent state research university; specifying that
    8         continuation of a state research university’s
    9         institute for online learning is contingent on the
   10         university entering into and maintaining such an
   11         agreement; amending s. 1009.893, F.S., changing the
   12         name of the “Florida National Merit Scholar Incentive
   13         Program” to the “Benacquisto Scholarship Program”;
   14         providing that a student who receives the scholarship
   15         award under the program be referred to as a
   16         Benacquisto Scholar; conforming provisions to changes
   17         made by the act; amending s. 1011.61, F.S.; revising
   18         the term “full-time student” for the purposes of the
   19         Florida Education Finance Program; amending s.
   20         1011.62, F.S.; requiring supplemental academic
   21         instruction categorical funds and research-based
   22         reading instruction allocation funds to be used by a
   23         school district with at least one of certain lowest
   24         performing elementary schools for additional intensive
   25         reading instruction at such school during the summer
   26         program in addition to the school year; providing that
   27         the additional instruction requirements continue in
   28         the subsequent year for certain students; revising the
   29         funding of full-time equivalent values for students
   30         who earn CAPE industry certifications through dual
   31         enrollment; increasing the bonus awarded to teachers
   32         who provided instruction in courses that led to
   33         certain CAPE industry certifications; specifying a
   34         maximum bonus amount per teacher per school year;
   35         revising the calculation of the discretionary millage
   36         compression supplement amount; revising the
   37         computation of district sparsity index for districts
   38         with a specified full-time equivalent student
   39         membership; deleting obsolete language; revising the
   40         calculation of the virtual education contribution;
   41         creating a federally connected student supplement for
   42         school districts; specifying eligibility requirements
   43         and calculations for the supplement; amending s.
   44         1011.71, F.S.; a conforming a cross-reference;
   45         authorizing enterprise resource software to be
   46         acquired by certain fees and agreements; amending s.
   47         1012.71, F.S.; requiring a classroom teacher to
   48         provide the school district with receipts for the
   49         expenditure of certain funds; requiring the Board of
   50         Governors and the State Board of Education to base
   51         state performance funds for the State University
   52         System and the Florida College System, respectively,
   53         on specified metrics adopted by each board; specifying
   54         allocation of the funds; requiring certain funds to be
   55         withheld from an institution based on specified
   56         performance; requiring the boards to submit reports by
   57         a specified time to the Governor and the Legislature;
   58         requiring the boards to adopt rules; providing an
   59         effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Subsections (3) and (4) of section 1001.7065,
   64  Florida Statutes, are amended to read:
   65         1001.7065 Preeminent state research universities program.—
   66         (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—The
   67  Board of Governors shall designate each state research
   68  university that meets at least 11 of the 12 academic and
   69  research excellence standards identified in subsection (2) and
   70  that enters into and maintains a formal agreement with the
   71  National Merit Scholarship Corporation to offer college
   72  sponsored merit scholarship awards a preeminent state research
   73  university.
   74         (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
   75  ONLINE LEARNING.—A state research university that, as of July 1,
   76  2013, met meets all 12 of the academic and research excellence
   77  standards identified in subsection (2), as verified by the Board
   78  of Governors, shall establish an institute for online learning.
   79  Continuation of the institute for online learning is contingent
   80  upon a state research university entering into and maintaining a
   81  formal agreement with the National Merit Scholarship Corporation
   82  to offer college-sponsored merit scholarship awards. The
   83  institute shall establish a robust offering of high-quality,
   84  fully online baccalaureate degree programs at an affordable cost
   85  in accordance with this subsection.
   86         (a) By August 1, 2013, the Board of Governors shall convene
   87  an advisory board to support the development of high-quality,
   88  fully online baccalaureate degree programs at the university.
   89         (b) The advisory board shall:
   90         1. Offer expert advice, as requested by the university, in
   91  the development and implementation of a business plan to expand
   92  the offering of high-quality, fully online baccalaureate degree
   93  programs.
   94         2. Advise the Board of Governors on the release of funding
   95  to the university upon approval by the Board of Governors of the
   96  plan developed by the university.
   97         3. Monitor, evaluate, and report on the implementation of
   98  the plan to the Board of Governors, the Governor, the President
   99  of the Senate, and the Speaker of the House of Representatives.
  100         (c) The advisory board shall be composed of the following
  101  five members:
  102         1. The chair of the Board of Governors or the chair’s
  103  permanent designee.
  104         2. A member with expertise in online learning, appointed by
  105  the Board of Governors.
  106         3. A member with expertise in global marketing, appointed
  107  by the Governor.
  108         4. A member with expertise in cloud virtualization,
  109  appointed by the President of the Senate.
  110         5. A member with expertise in disruptive innovation,
  111  appointed by the Speaker of the House of Representatives.
  112         (d) The president of the university shall be consulted on
  113  the advisory board member appointments.
  114         (e) A majority of the advisory board shall constitute a
  115  quorum, elect the chair, and appoint an executive director.
  116         (f) By September 1, 2013, the university shall submit to
  117  the advisory board a comprehensive plan to expand high-quality,
  118  fully online baccalaureate degree program offerings. The plan
  119  shall include:
  120         1. Existing on-campus general education courses and
  121  baccalaureate degree programs that will be offered online.
  122         2. New courses that will be developed and offered online.
  123         3. Support services that will be offered to students
  124  enrolled in online baccalaureate degree programs.
  125         4. A tuition and fee structure that meets the requirements
  126  in paragraph (k) for online courses, baccalaureate degree
  127  programs, and student support services.
  128         5. A timeline for offering, marketing, and enrolling
  129  students in the online baccalaureate degree programs.
  130         6. A budget for developing and marketing the online
  131  baccalaureate degree programs.
  132         7. Detailed strategies for ensuring the success of students
  133  and the sustainability of the online baccalaureate degree
  134  programs.
  135  
  136  Upon recommendation of the plan by the advisory board and
  137  approval by the Board of Governors, the Board of Governors shall
  138  award the university $10 million in nonrecurring funds and $5
  139  million in recurring funds for fiscal year 2013-2014 and $5
  140  million annually thereafter, subject to appropriation in the
  141  General Appropriations Act.
  142         (g) Beginning in January 2014, the university shall offer
  143  high-quality, fully online baccalaureate degree programs that:
  144         1. Accept full-time, first-time-in-college students.
  145         2. Have the same rigorous admissions criteria as equivalent
  146  on-campus degree programs.
  147         3. Offer curriculum of equivalent rigor to on-campus degree
  148  programs.
  149         4. Offer rolling enrollment or multiple opportunities for
  150  enrollment throughout the year.
  151         5. Do not require any on-campus courses. However, for
  152  courses or programs that require clinical training or
  153  laboratories that cannot be delivered online, the university
  154  shall offer convenient locational options to the student, which
  155  may include, but are not limited to, the option to complete such
  156  requirements at a summer-in-residence on the university campus.
  157  The university may provide a network of sites at convenient
  158  locations and contract with commercial testing centers or
  159  identify other secure testing services for the purpose of
  160  proctoring assessments or testing.
  161         6. Apply the university’s existing policy for accepting
  162  credits for both freshman applicants and transfer applicants.
  163         (h) The university may offer a fully online Master’s in
  164  Business Administration degree program and other master’s degree
  165  programs.
  166         (i) The university may develop and offer degree programs
  167  and courses that are competency based as appropriate for the
  168  quality and success of the program.
  169         (j) The university shall periodically expand its offering
  170  of online baccalaureate degree programs to meet student and
  171  market demands.
  172         (k) The university shall establish a tuition structure for
  173  its online institute in accordance with this paragraph,
  174  notwithstanding any other provision of law.
  175         1. For students classified as residents for tuition
  176  purposes, tuition for an online baccalaureate degree program
  177  shall be set at no more than 75 percent of the tuition rate as
  178  specified in the General Appropriations Act pursuant to s.
  179  1009.24(4) and 75 percent of the tuition differential pursuant
  180  to s. 1009.24(16). No distance learning fee, fee for campus
  181  facilities, or fee for on-campus services may be assessed,
  182  except that online students shall pay the university’s
  183  technology fee, financial aid fee, and Capital Improvement Trust
  184  Fund fee. The revenues generated from the Capital Improvement
  185  Trust Fund fee shall be dedicated to the university’s institute
  186  for online learning.
  187         2. For students classified as nonresidents for tuition
  188  purposes, tuition may be set at market rates in accordance with
  189  the business plan.
  190         3. Tuition for an online degree program shall include all
  191  costs associated with instruction, materials, and enrollment,
  192  excluding costs associated with the provision of textbooks
  193  pursuant to s. 1004.085 and physical laboratory supplies.
  194         4. Subject to the limitations in subparagraph 1., tuition
  195  may be differentiated by degree program as appropriate to the
  196  instructional and other costs of the program in accordance with
  197  the business plan. Pricing must incorporate innovative
  198  approaches that incentivize persistence and completion,
  199  including, but not limited to, a fee for assessment, a bundled
  200  or all-inclusive rate, and sliding scale features.
  201         5. The university must accept advance payment contracts and
  202  student financial aid.
  203         6. Fifty percent of the net revenues generated from the
  204  online institute of the university shall be used to enhance and
  205  enrich the online institute offerings, and 50 percent of the net
  206  revenues generated from the online institute shall be used to
  207  enhance and enrich the university’s campus state-of-the-art
  208  research programs and facilities.
  209         7. The institute may charge additional local user fees
  210  pursuant to s. 1009.24(14) upon the approval of the Board of
  211  Governors.
  212         8. The institute shall submit a proposal to the president
  213  of the university authorizing additional user fees for the
  214  provision of voluntary student participation in activities and
  215  additional student services.
  216         Section 2. Section 1009.893, Florida Statutes, is amended
  217  to read:
  218         1009.893 Benacquisto Scholarship Florida National Merit
  219  Scholar Incentive Program.—
  220         (1) As used in this section, the term:
  221         (a) “Department” means the Department of Education.
  222         (b) “Scholarship Incentive Program” means the Benacquisto
  223  Scholarship Florida National Merit Scholar Incentive Program.
  224         (2) The Benacquisto Scholarship Florida National Merit
  225  Scholar Incentive Program is created to reward any Florida high
  226  school graduate who receives recognition as a National Merit
  227  Scholar or National Achievement Scholar and who initially
  228  enrolls in the 2014-2015 academic year or, later, in a
  229  baccalaureate degree program at an eligible Florida public or
  230  independent postsecondary educational institution.
  231         (3) The department shall administer the scholarship
  232  incentive program according to rules and procedures established
  233  by the State Board of Education. The department shall advertise
  234  the availability of the scholarship incentive program and notify
  235  students, teachers, parents, certified school counselors, and
  236  principals or other relevant school administrators of the
  237  criteria.
  238         (4) In order to be eligible for an award under the
  239  scholarship incentive program, a student must:
  240         (a) Be a state resident as determined in s. 1009.40 and
  241  rules of the State Board of Education;
  242         (b) Earn a standard Florida high school diploma or its
  243  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
  244  or s. 1003.435 unless:
  245         1. The student completes a home education program according
  246  to s. 1002.41; or
  247         2. The student earns a high school diploma from a non
  248  Florida school while living with a parent who is on military or
  249  public service assignment out of this state;
  250         (c) Be accepted by and enroll in a Florida public or
  251  independent postsecondary educational institution that is
  252  regionally accredited; and
  253         (d) Be enrolled full-time in a baccalaureate degree program
  254  at an eligible regionally accredited Florida public or
  255  independent postsecondary educational institution during the
  256  fall academic term following high school graduation.
  257         (5)(a) An eligible student who is a National Merit Scholar
  258  or National Achievement Scholar and who attends a Florida public
  259  postsecondary educational institution shall receive a
  260  scholarship an incentive award equal to the institutional cost
  261  of attendance minus the sum of the student’s Florida Bright
  262  Futures Scholarship and National Merit Scholarship or National
  263  Achievement Scholarship.
  264         (b) An eligible student who is a National Merit Scholar or
  265  National Achievement Scholar and who attends a Florida
  266  independent postsecondary educational institution shall receive
  267  a scholarship an incentive award equal to the highest cost of
  268  attendance at a Florida public university, as reported by the
  269  Board of Governors of the State University System, minus the sum
  270  of the student’s Florida Bright Futures Scholarship and National
  271  Merit Scholarship or National Achievement Scholarship.
  272         (6)(a) To be eligible for a renewal award, a student must
  273  earn all credits for which he or she was enrolled and maintain a
  274  3.0 or higher grade point average.
  275         (b) A student may receive the scholarship incentive award
  276  for a maximum of 100 percent of the number of credit hours
  277  required to complete a baccalaureate degree program, or until
  278  completion of a baccalaureate degree program, whichever comes
  279  first.
  280         (7) The department shall annually issue awards from the
  281  scholarship incentive program. Before the registration period
  282  each semester, the department shall transmit payment for each
  283  award to the president or director of the postsecondary
  284  educational institution, or his or her representative, except
  285  that the department may withhold payment if the receiving
  286  institution fails to report or to make refunds to the department
  287  as required in this section.
  288         (a) Each institution shall certify to the department the
  289  eligibility status of each student to receive a disbursement
  290  within 30 days before the end of its regular registration
  291  period, inclusive of a drop and add period. An institution is
  292  not required to reevaluate the student eligibility after the end
  293  of the drop and add period.
  294         (b) An institution that receives funds from the scholarship
  295  incentive program must certify to the department the amount of
  296  funds disbursed to each student and remit to the department any
  297  undisbursed advances within 60 days after the end of regular
  298  registration.
  299         (c) If funds appropriated are not adequate to provide the
  300  maximum allowable award to each eligible student, awards must be
  301  prorated using the same percentage reduction.
  302         (8) Funds from any award within the scholarship incentive
  303  program may not be used to pay for remedial coursework or
  304  developmental education.
  305         (9) A student may use an award for a summer term if funds
  306  are available and appropriated by the Legislature.
  307         (10) The department shall allocate funds to the appropriate
  308  institutions and collect and maintain data regarding the
  309  scholarship incentive program within the student financial
  310  assistance database as specified in s. 1009.94.
  311         (11) Section 1009.40(4) does not apply to awards issued
  312  under this section.
  313         (12) A student who receives an award under the scholarship
  314  program shall be known as a Benacquisto Scholar.
  315         (13)(12) The State Board of Education shall adopt rules
  316  necessary to administer this section.
  317         Section 3. Paragraph (a) of subsection (1) of section
  318  1011.61, Florida Statutes, is amended to read:
  319         1011.61 Definitions.—Notwithstanding the provisions of s.
  320  1000.21, the following terms are defined as follows for the
  321  purposes of the Florida Education Finance Program:
  322         (1) A “full-time equivalent student” in each program of the
  323  district is defined in terms of full-time students and part-time
  324  students as follows:
  325         (a) A “full-time student” is one student on the membership
  326  roll of one school program or a combination of school programs
  327  listed in s. 1011.62(1)(c) for the school year or the equivalent
  328  for:
  329         1. Instruction in a standard school, comprising not less
  330  than 900 net hours for a student in or at the grade level of 4
  331  through 12, or not less than 720 net hours for a student in or
  332  at the grade level of kindergarten through grade 3 or in an
  333  authorized prekindergarten exceptional program;
  334         2. Instruction in a school that is operating with more than
  335  one session approved by the Department of Education because of a
  336  natural disaster, comprising not less than the equivalent of 810
  337  net hours per session in grades 4 through 12 or not less than
  338  630 net hours per session in kindergarten through grade 3;
  339         3.2. Instruction in a double-session school or a school
  340  utilizing an experimental school calendar approved by the
  341  Department of Education, comprising not less than the equivalent
  342  of 810 net hours in grades 4 through 12 or not less than 630 net
  343  hours in kindergarten through grade 3; or
  344         4.3. Instruction comprising the appropriate number of net
  345  hours set forth in subparagraph 1. or subparagraph 3.
  346  subparagraph 2. for students who, within the past year, have
  347  moved with their parents for the purpose of engaging in the farm
  348  labor or fish industries, if a plan furnishing such an extended
  349  school day or week, or a combination thereof, has been approved
  350  by the commissioner. Such plan may be approved to accommodate
  351  the needs of migrant students only or may serve all students in
  352  schools having a high percentage of migrant students. The plan
  353  described in this subparagraph is optional for any school
  354  district and is not mandated by the state.
  355  
  356  The department shall determine and implement an equitable method
  357  of equivalent funding for experimental schools and for schools
  358  operating under emergency conditions, which schools have been
  359  approved by the department to operate for less than the minimum
  360  school day.
  361         Section 4. Paragraphs (f) and (o) of subsection (1),
  362  paragraph (a) of subsection (4), subsection (5), paragraph (b)
  363  of subsection (7), paragraph (a) of subsection (9), subsection
  364  (11), and present subsection (13) of section 1011.62, Florida
  365  Statutes, are amended, present subsections (13), (14), and (15)
  366  of that section are redesignated as subsections (14), (15), and
  367  (16), respectively, and a new subsection (13) is added to that
  368  section, to read:
  369         1011.62 Funds for operation of schools.—If the annual
  370  allocation from the Florida Education Finance Program to each
  371  district for operation of schools is not determined in the
  372  annual appropriations act or the substantive bill implementing
  373  the annual appropriations act, it shall be determined as
  374  follows:
  375         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  376  OPERATION.—The following procedure shall be followed in
  377  determining the annual allocation to each district for
  378  operation:
  379         (f) Supplemental academic instruction; categorical fund.—
  380         1. There is created a categorical fund to provide
  381  supplemental academic instruction to students in kindergarten
  382  through grade 12. This paragraph may be cited as the
  383  “Supplemental Academic Instruction Categorical Fund.”
  384         2. Categorical funds for supplemental academic instruction
  385  shall be allocated annually to each school district in the
  386  amount provided in the General Appropriations Act. These funds
  387  shall be in addition to the funds appropriated on the basis of
  388  FTE student membership in the Florida Education Finance Program
  389  and shall be included in the total potential funds of each
  390  district. These funds shall be used to provide supplemental
  391  academic instruction to students enrolled in the K-12 program.
  392  For the 2014-2015, 2015-2016, 2016-2017, and 2017-2018 fiscal
  393  years year, each school district that has one or more of the 300
  394  lowest-performing elementary schools based on the state reading
  395  assessment shall use these funds, together with the funds
  396  provided in the district’s research-based reading instruction
  397  allocation and other available funds, to provide an additional
  398  hour of instruction beyond the normal school day for each day of
  399  the entire school year, and to provide the equivalent hours of
  400  instruction in a summer program, for intensive reading
  401  instruction for the students in each of these schools. If a
  402  participating school is no longer classified as one of the 300
  403  lowest-performing elementary schools in the subsequent year, the
  404  school must continue to provide the additional hour of intensive
  405  reading instruction to all students who have Level 1 or Level 2
  406  reading assessment scores. This additional hour of instruction
  407  must be provided by teachers or reading specialists who are
  408  effective in teaching reading or by a K-5 mentoring reading
  409  program that is supervised by a teacher who is effective at
  410  teaching reading. Students enrolled in these schools who have
  411  level 5 assessment scores may participate in the additional hour
  412  of instruction on an optional basis. Exceptional student
  413  education centers may shall not be included in the 300 schools.
  414  After this requirement has been met, supplemental instruction
  415  strategies may include, but are not limited to: modified
  416  curriculum, reading instruction, after-school instruction,
  417  tutoring, mentoring, class size reduction, extended school year,
  418  intensive skills development in summer school, and other methods
  419  for improving student achievement. Supplemental instruction may
  420  be provided to a student in any manner and at any time during or
  421  beyond the regular 180-day term identified by the school as
  422  being the most effective and efficient way to best help that
  423  student progress from grade to grade and to graduate.
  424         3. Effective with the 1999-2000 fiscal year, funding on the
  425  basis of FTE membership beyond the 180-day regular term shall be
  426  provided in the FEFP only for students enrolled in juvenile
  427  justice education programs or in education programs for
  428  juveniles placed in secure facilities or programs under s.
  429  985.19. Funding for instruction beyond the regular 180-day
  430  school year for all other K-12 students shall be provided
  431  through the supplemental academic instruction categorical fund
  432  and other state, federal, and local fund sources with ample
  433  flexibility for schools to provide supplemental instruction to
  434  assist students in progressing from grade to grade and
  435  graduating.
  436         4. The Florida State University School, as a lab school, is
  437  authorized to expend from its FEFP or Lottery Enhancement Trust
  438  Fund allocation the cost to the student of remediation in
  439  reading, writing, or mathematics for any graduate who requires
  440  remediation at a postsecondary educational institution.
  441         5. Beginning in the 1999-2000 school year, dropout
  442  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  443  (b), and (c), and 1003.54 shall be included in group 1 programs
  444  under subparagraph (d)3.
  445         (o) Calculation of additional full-time equivalent
  446  membership based on successful completion of a career-themed
  447  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
  448  courses with embedded CAPE industry certifications or CAPE
  449  Digital Tool certificates, and issuance of industry
  450  certification identified on the CAPE Industry Certification
  451  Funding List pursuant to rules adopted by the State Board of
  452  Education or CAPE Digital Tool certificates pursuant to s.
  453  1003.4203.—
  454         1.a. A value of 0.025 full-time equivalent student
  455  membership shall be calculated for CAPE Digital Tool
  456  certificates earned by students in elementary and middle school
  457  grades.
  458         b. A value of 0.1 or 0.2 full-time equivalent student
  459  membership shall be calculated for each student who completes a
  460  course as defined in s. 1003.493(1)(b) or courses with embedded
  461  CAPE industry certifications and who is issued an industry
  462  certification identified annually on the CAPE Industry
  463  Certification Funding List approved under rules adopted by the
  464  State Board of Education. A value of 0.2 full-time equivalent
  465  membership shall be calculated for each student who is issued a
  466  CAPE industry certification that has a statewide articulation
  467  agreement for college credit approved by the State Board of
  468  Education. For CAPE industry certifications that do not
  469  articulate for college credit, the Department of Education shall
  470  assign a full-time equivalent value of 0.1 for each
  471  certification. Middle grades students who earn additional FTE
  472  membership for a CAPE Digital Tool certificate pursuant to sub
  473  subparagraph a. may not use the previously funded examination to
  474  satisfy the requirements for earning an industry certification
  475  under this sub-subparagraph. Additional FTE membership for an
  476  elementary or middle grades student may shall not exceed 0.1 for
  477  certificates or certifications earned within the same fiscal
  478  year. The State Board of Education shall include the assigned
  479  values on the CAPE Industry Certification Funding List under
  480  rules adopted by the state board. Such value shall be added to
  481  the total full-time equivalent student membership for grades 6
  482  through 12 in the subsequent year for courses that were not
  483  provided through dual enrollment. CAPE industry certifications
  484  earned through dual enrollment must be reported and funded
  485  pursuant to s. 1011.80. However, if a student earns a
  486  certification through a dual enrollment course and the
  487  certification is not a fundable certification on the
  488  postsecondary certification funding list, or the dual enrollment
  489  certification is earned as a result of an agreement between a
  490  school district and a nonpublic postsecondary institution, the
  491  bonus value shall be funded in the same manner as for other
  492  nondual enrollment course industry certifications. In such
  493  cases, the school district may provide for an agreement between
  494  the high school and the technical center, or the school district
  495  and the postsecondary institution may enter into an agreement
  496  for equitable distribution of the bonus funds.
  497         c. A value of 0.3 full-time equivalent student membership
  498  shall be calculated for student completion of the courses and
  499  the embedded certifications identified on the CAPE Industry
  500  Certification Funding List and approved by the commissioner
  501  pursuant to ss. 1003.4203(5)(a) and 1008.44.
  502         d. A value of 0.5 full-time equivalent student membership
  503  shall be calculated for CAPE Acceleration Industry
  504  Certifications that articulate for 15 to 29 college credit
  505  hours, and 1.0 full-time equivalent student membership shall be
  506  calculated for CAPE Acceleration Industry Certifications that
  507  articulate for 30 or more college credit hours pursuant to CAPE
  508  Acceleration Industry Certifications approved by the
  509  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
  510         2. Each district must allocate at least 80 percent of the
  511  funds provided for CAPE industry certification, in accordance
  512  with this paragraph, to the program that generated the funds.
  513  This allocation may not be used to supplant funds provided for
  514  basic operation of the program.
  515         3. For CAPE industry certifications earned in the 2013-2014
  516  school year and in subsequent years, the school district shall
  517  distribute to each classroom teacher who provided direct
  518  instruction toward the attainment of a CAPE industry
  519  certification that qualified for additional full-time equivalent
  520  membership under subparagraph 1.:
  521         a. A bonus in the amount of $25 for each student taught by
  522  a teacher who provided instruction in a course that led to the
  523  attainment of a CAPE industry certification on the CAPE Industry
  524  Certification Funding List with a weight of 0.1.
  525         b. A bonus in the amount of $50 for each student taught by
  526  a teacher who provided instruction in a course that led to the
  527  attainment of a CAPE industry certification on the CAPE Industry
  528  Certification Funding List with a weight of 0.2, 0.3, 0.5, and
  529  1.0.
  530         c.A bonus of $75 for each student taught by a teacher who
  531  provided instruction in a course that led to the attainment of a
  532  CAPE industry certification on the CAPE Industry Certification
  533  Funding List with a weight of 0.3.
  534         d. A bonus of $100 for each student taught by a teacher who
  535  provided instruction in a course that led to the attainment of a
  536  CAPE industry certification on the CAPE Industry Certification
  537  Funding List with a weight of 0.5 or 1.0.
  538  
  539  Bonuses awarded pursuant to this paragraph shall be provided to
  540  teachers who are employed by the district in the year in which
  541  the additional FTE membership calculation is included in the
  542  calculation. Bonuses shall be calculated based upon the
  543  associated weight of a CAPE industry certification on the CAPE
  544  Industry Certification Funding List for the year in which the
  545  certification is earned by the student. In a single school year,
  546  a Any bonus awarded to a teacher under sub-subparagraph 3.a. or
  547  sub-subparagraph 3.b. this paragraph may not exceed $2,000 or
  548  under sub-subparagraph 3.c. or sub-subparagraph 3.d. may not
  549  exceed $4,000. The maximum bonus that may be awarded to a
  550  teacher under this paragraph is $4,000 in a single school year.
  551  This bonus in any given school year and is in addition to any
  552  regular wage or other bonus the teacher received or is scheduled
  553  to receive.
  554         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  555  Legislature shall prescribe the aggregate required local effort
  556  for all school districts collectively as an item in the General
  557  Appropriations Act for each fiscal year. The amount that each
  558  district shall provide annually toward the cost of the Florida
  559  Education Finance Program for kindergarten through grade 12
  560  programs shall be calculated as follows:
  561         (a) Estimated taxable value calculations.—
  562         1.a. Not later than 2 working days prior to July 19, the
  563  Department of Revenue shall certify to the Commissioner of
  564  Education its most recent estimate of the taxable value for
  565  school purposes in each school district and the total for all
  566  school districts in the state for the current calendar year
  567  based on the latest available data obtained from the local
  568  property appraisers. The value certified shall be the taxable
  569  value for school purposes for that year, and no further
  570  adjustments shall be made, except those made pursuant to
  571  paragraphs (c) and (d), or an assessment roll change required by
  572  final judicial decisions as specified in paragraph (15)(b)
  573  (14)(b). Not later than July 19, the Commissioner of Education
  574  shall compute a millage rate, rounded to the next highest one
  575  one-thousandth of a mill, which, when applied to 96 percent of
  576  the estimated state total taxable value for school purposes,
  577  would generate the prescribed aggregate required local effort
  578  for that year for all districts. The Commissioner of Education
  579  shall certify to each district school board the millage rate,
  580  computed as prescribed in this subparagraph, as the minimum
  581  millage rate necessary to provide the district required local
  582  effort for that year.
  583         b. The General Appropriations Act shall direct the
  584  computation of the statewide adjusted aggregate amount for
  585  required local effort for all school districts collectively from
  586  ad valorem taxes to ensure that no school district’s revenue
  587  from required local effort millage will produce more than 90
  588  percent of the district’s total Florida Education Finance
  589  Program calculation as calculated and adopted by the
  590  Legislature, and the adjustment of the required local effort
  591  millage rate of each district that produces more than 90 percent
  592  of its total Florida Education Finance Program entitlement to a
  593  level that will produce only 90 percent of its total Florida
  594  Education Finance Program entitlement in the July calculation.
  595         2. On the same date as the certification in sub
  596  subparagraph 1.a., the Department of Revenue shall certify to
  597  the Commissioner of Education for each district:
  598         a. Each year for which the property appraiser has certified
  599  the taxable value pursuant to s. 193.122(2) or (3), if
  600  applicable, since the prior certification under sub-subparagraph
  601  1.a.
  602         b. For each year identified in sub-subparagraph a., the
  603  taxable value certified by the appraiser pursuant to s.
  604  193.122(2) or (3), if applicable, since the prior certification
  605  under sub-subparagraph 1.a. This is the certification that
  606  reflects all final administrative actions of the value
  607  adjustment board.
  608         (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
  609  Legislature shall prescribe in the General Appropriations Act,
  610  pursuant to s. 1011.71(1), the rate of nonvoted current
  611  operating discretionary millage that shall be used to calculate
  612  a discretionary millage compression supplement. If the
  613  prescribed millage generates an amount of funds per unweighted
  614  FTE for the district that is less than 105 percent of the state
  615  average, the district shall receive an amount per FTE that, when
  616  added to the funds per FTE generated by the designated levy,
  617  shall equal 105 percent of the state average.
  618         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
  619         (b) The district sparsity index shall be computed by
  620  dividing the total number of full-time equivalent students in
  621  all programs in the district by the number of senior high school
  622  centers in the district, not in excess of three, which centers
  623  are approved as permanent centers by a survey made by the
  624  Department of Education. For districts with a full-time
  625  equivalent student membership of at least 20,000, but no more
  626  than 24,000, the index shall be computed by dividing the total
  627  number of full-time equivalent students in all programs by the
  628  number of permanent senior high school centers in the district,
  629  not to exceed four.
  630         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
  631         (a) The research-based reading instruction allocation is
  632  created to provide comprehensive reading instruction to students
  633  in kindergarten through grade 12. For the 2014-2015, 2015-2016,
  634  2016-2017, and 2017-2018 fiscal years year, in each school
  635  district that has one or more of the 300 lowest-performing
  636  elementary schools based on the state reading assessment,
  637  priority shall be given to providing an additional hour per day
  638  of intensive reading instruction beyond the normal school day
  639  for each day of the entire school year, and to providing the
  640  equivalent hours of instruction in a summer program, for the
  641  students in each school. If a participating school is no longer
  642  classified as one of the 300 lowest-performing elementary
  643  schools in the subsequent year, the school must continue to
  644  provide the additional hour of intensive reading instruction to
  645  all students who have Level 1 or Level 2 reading assessment
  646  scores. Students enrolled in these schools who have level 5
  647  assessment scores may participate in the additional hour of
  648  instruction on an optional basis. Exceptional student education
  649  centers may shall not be included in the 300 schools. The
  650  intensive reading instruction delivered in this additional hour
  651  and for other students shall include: research-based reading
  652  instruction that has been proven to accelerate progress of
  653  students exhibiting a reading deficiency; differentiated
  654  instruction based on student assessment data to meet students’
  655  specific reading needs; explicit and systematic reading
  656  development in phonemic awareness, phonics, fluency, vocabulary,
  657  and comprehension, with more extensive opportunities for guided
  658  practice, error correction, and feedback; and the integration of
  659  social studies, science, and mathematics-text reading, text
  660  discussion, and writing in response to reading. For the 2012
  661  2013 and 2013-2014 fiscal years, a school district may not hire
  662  more reading coaches than were hired during the 2011-2012 fiscal
  663  year unless all students in kindergarten through grade 5 who
  664  demonstrate a reading deficiency, as determined by district and
  665  state assessments, including students scoring Level 1 or Level 2
  666  on the statewide, standardized reading assessment or, upon
  667  implementation, the English Language Arts assessment, are
  668  provided an additional hour per day of intensive reading
  669  instruction beyond the normal school day for each day of the
  670  entire school year.
  671         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  672  annually provide in the Florida Education Finance Program a
  673  virtual education contribution. The amount of the virtual
  674  education contribution shall be the difference between the
  675  amount per FTE established in the General Appropriations Act for
  676  virtual education and the amount per FTE for each district and
  677  the Florida Virtual School, which may be calculated by taking
  678  the sum of the base FEFP allocation, the declining enrollment
  679  supplement, the discretionary local effort, the state-funded
  680  discretionary contribution, the discretionary millage
  681  compression supplement, the research-based reading instruction
  682  allocation, the exceptional student education guaranteed
  683  allocation, and the instructional materials allocation, and then
  684  dividing by the total unweighted FTE. This difference shall be
  685  multiplied by the virtual education unweighted FTE for programs
  686  and options identified in s. 1002.455(3) and the Florida Virtual
  687  School and its franchises to equal the virtual education
  688  contribution and shall be included as a separate allocation in
  689  the funding formula.
  690         (13)FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
  691  connected student supplement is created to provide supplemental
  692  funding for school districts to support the education of
  693  students connected with federally owned military installations,
  694  National Aeronautics and Space Administration (NASA) property,
  695  and Indian lands. To be eligible for this supplement, the
  696  district must be eligible for federal Impact Aid Program funds
  697  under Title VIII of the Elementary and Secondary Education Act
  698  of 1965. The supplement shall be the sum of the student
  699  allocation and an exempt property allocation.
  700         (a) The student allocation shall be calculated based on the
  701  number of students reported for federal Impact Aid Program
  702  funds, including students with disabilities, who meet one of the
  703  following criteria:
  704         1. Resides with a parent who is on active duty in the
  705  uniformed services or is an accredited foreign government
  706  official and military officer. Students with disabilities shall
  707  also be reported separately for this condition.
  708         2. Resides on eligible federally owned Indian lands.
  709  Students with disabilities shall also be reported separately for
  710  this condition.
  711         3. Resides with a civilian parent who lives or works on
  712  eligible federal property connected with a military installation
  713  or NASA. The number of these students shall be multiplied by a
  714  factor of 0.5.
  715         (b) The total number of federally connected students
  716  calculated under paragraph (a) shall be multiplied by a
  717  percentage of the base student allocation as provided in the
  718  General Appropriations Act. The total of the number of students
  719  with disabilities as reported separately under subparagraphs
  720  (a)1. and (a)2. shall be multiplied by an additional percentage
  721  of the base student allocation as provided in the General
  722  Appropriations Act. The base amount and the amount for students
  723  with disabilities shall be summed to provide the student
  724  allocation.
  725         (c) The exempt-property allocation shall be equal to the
  726  tax-exempt value of federal impact aid lands reserved as
  727  military installations, real property owned by NASA, or eligible
  728  federally owned Indian lands located in the district, as of
  729  January 1 of the previous year, multiplied by the millage
  730  authorized and levied under s. 1011.71(2).
  731         (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  732  annually in the General Appropriations Act determine a
  733  percentage increase in funds per K-12 unweighted FTE as a
  734  minimum guarantee to each school district. The guarantee shall
  735  be calculated from prior year base funding per unweighted FTE
  736  student which shall include the adjusted FTE dollars as provided
  737  in subsection (15)(14), quality guarantee funds, and actual
  738  nonvoted discretionary local effort from taxes. From the base
  739  funding per unweighted FTE, the increase shall be calculated for
  740  the current year. The current year funds from which the
  741  guarantee shall be determined shall include the adjusted FTE
  742  dollars as provided in subsection (15)(14) and potential
  743  nonvoted discretionary local effort from taxes. A comparison of
  744  current year funds per unweighted FTE to prior year funds per
  745  unweighted FTE shall be computed. For those school districts
  746  which have less than the legislatively assigned percentage
  747  increase, funds shall be provided to guarantee the assigned
  748  percentage increase in funds per unweighted FTE student. Should
  749  appropriated funds be less than the sum of this calculated
  750  amount for all districts, the commissioner shall prorate each
  751  district’s allocation. This provision shall be implemented to
  752  the extent specifically funded.
  753         Section 5. Subsection (1) and paragraph (d) of subsection
  754  (2) of section 1011.71, Florida Statutes, is amended to read:
  755         1011.71 District school tax.—
  756         (1) If the district school tax is not provided in the
  757  General Appropriations Act or the substantive bill implementing
  758  the General Appropriations Act, each district school board
  759  desiring to participate in the state allocation of funds for
  760  current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
  761  shall levy on the taxable value for school purposes of the
  762  district, exclusive of millage voted under the provisions of s.
  763  9(b) or s. 12, Art. VII of the State Constitution, a millage
  764  rate not to exceed the amount certified by the commissioner as
  765  the minimum millage rate necessary to provide the district
  766  required local effort for the current year, pursuant to s.
  767  1011.62(4)(a)1. In addition to the required local effort millage
  768  levy, each district school board may levy a nonvoted current
  769  operating discretionary millage. The Legislature shall prescribe
  770  annually in the appropriations act the maximum amount of millage
  771  a district may levy.
  772         (2) In addition to the maximum millage levy as provided in
  773  subsection (1), each school board may levy not more than 1.5
  774  mills against the taxable value for school purposes for district
  775  schools, including charter schools at the discretion of the
  776  school board, to fund:
  777         (d) The purchase, lease-purchase, or lease of new and
  778  replacement equipment; computer hardware, including electronic
  779  hardware and other hardware devices necessary for gaining access
  780  to or enhancing the use of electronic content and resources or
  781  to facilitate the access to and the use of a school district’s
  782  digital classrooms plan pursuant to s. 1011.62, excluding
  783  software other than the operating system necessary to operate
  784  the hardware or device; and enterprise resource software
  785  applications that are classified as capital assets in accordance
  786  with definitions of the Governmental Accounting Standards Board,
  787  have a useful life of at least 5 years, and are used to support
  788  districtwide administration or state-mandated reporting
  789  requirements. Enterprise resource software may be acquired by
  790  annual license fees, maintenance fees, or lease agreements.
  791         Section 6. Subsections (4), (5), and (6) of section
  792  1012.71, Florida Statutes, are amended to read:
  793         1012.71 The Florida Teachers Classroom Supply Assistance
  794  Program.—
  795         (4) Each classroom teacher must provide the school district
  796  with receipts for the expenditure of the funds. If the classroom
  797  teacher is provided funds in advance of expenditure, the Each
  798  classroom teacher must sign a statement acknowledging receipt of
  799  the funds, provide keep receipts as requested by the school
  800  district for no less than 4 years to show that funds expended
  801  meet the requirements of this section, and return any unused
  802  funds to the district school board by at the end of the regular
  803  school year. Any unused funds that are returned to the district
  804  school board shall be deposited into the school advisory council
  805  account of the school at which the classroom teacher returning
  806  the funds was employed when that teacher received the funds or
  807  deposited into the Florida Teachers Classroom Supply Assistance
  808  Program account of the school district in which a charter school
  809  is sponsored, as applicable.
  810         (5) The statement must be signed and dated by each
  811  classroom teacher before receipt of the Florida Teachers
  812  Classroom Supply Assistance Program funds and shall include the
  813  wording: “I, ...(name of teacher)..., am employed by the
  814  ....County District School Board or by the ....Charter School as
  815  a full-time classroom teacher. I acknowledge that Florida
  816  Teachers Classroom Supply Assistance Program funds are
  817  appropriated by the Legislature for the sole purpose of
  818  purchasing classroom materials and supplies to be used in the
  819  instruction of students assigned to me. In accepting custody of
  820  these funds, I agree to keep the receipts for all expenditures
  821  for no less than 4 years. I understand that if I do not keep the
  822  receipts, it will be my personal responsibility to pay any
  823  federal taxes due on these funds. I also agree to return any
  824  unexpended funds to the district school board at the end of the
  825  regular school year for deposit into the school advisory council
  826  account of the school where I was employed at the time I
  827  received the funds or for deposit into the Florida Teachers
  828  Classroom Supply Assistance Program account of the school
  829  district in which the charter school is sponsored, as
  830  applicable.”
  831         (5)(6) The Department of Education and district school
  832  boards may, and are encouraged to, enter into public-private
  833  partnerships in order to increase the total amount of Florida
  834  Teachers Classroom Supply Assistance Programs funds available to
  835  classroom teachers.
  836         Section 7. (1)The State University System Performance
  837  Based Incentive shall be based on indicators of institutional
  838  attainment of performance metrics adopted by the Board of
  839  Governors. The performance-based funding metrics must include,
  840  but are not limited to, metrics that measure graduation and
  841  retention rates; degree production; affordability;
  842  postgraduation employment, salaries, or further education;
  843  student loan default rates; access; and any other metrics
  844  approved by the board.
  845         (2)The Board of Governors shall evaluate the institutions’
  846  performance on the metrics based on benchmarks adopted by the
  847  board which measure the achievement of institutional excellence
  848  or improvement. Each fiscal year, the amount of funds available
  849  for allocation to the institutions based on the performance
  850  funding model shall consist of the state’s investment in
  851  performance funding, plus an institutional investment consisting
  852  of funds to be redistributed from the base funding of the State
  853  University System, as determined in the General Appropriations
  854  Act. The institutional investment shall be restored for all
  855  institutions that meet the board’s minimum performance threshold
  856  under the performance funding model. An institution that is one
  857  of the bottom three institutions or fails to meet the board’s
  858  minimum performance funding threshold is not eligible for the
  859  state’s investment, shall have a portion of its institutional
  860  investment withheld, and shall submit an improvement plan to the
  861  board that specifies the activities and strategies for improving
  862  the institution’s performance.
  863         (3)By October 1 of each year, the Board of Governors shall
  864  submit to the Governor, the President of the Senate, and the
  865  Speaker of the House of Representatives a report on the previous
  866  year’s performance funding allocation which reflects the
  867  rankings and award distributions.
  868         (4)The Board of Governors shall adopt a regulation to
  869  implement this section.
  870         Section 8. (1)The Florida College System Performance Based
  871  Incentive shall be based on indicators of institutional
  872  attainment of performance metrics adopted by the State Board of
  873  Education. The performance-based funding metrics must be limited
  874  to metrics that measure retention; program completion and
  875  graduation rates; student loan default rates; job placement; and
  876  postgraduation employment, salaries, or further education.
  877         (2)The State Board of Education shall evaluate the
  878  institutions’ performance on the metrics based on benchmarks
  879  adopted by the board which measure the achievement of
  880  institutional excellence or improvement. Each fiscal year, the
  881  amount of funds available for allocation to the institutions
  882  based on the performance funding model shall consist of the
  883  state’s investment in performance funding, plus an institutional
  884  investment consisting of funds to be redistributed from the base
  885  funding of the Florida College System Program Fund, as
  886  determined in the General Appropriations Act. The board shall
  887  establish a minimum performance threshold that institutions must
  888  meet in order to be eligible for the state’s investment in
  889  performance funds. The institutional investment shall be
  890  restored for all institutions eligible for the state’s
  891  investment under the performance funding model. Any institution
  892  that fails to meet the board’s minimum performance funding
  893  threshold is not eligible for the state’s investment, shall have
  894  a portion of its institutional investment withheld, and shall
  895  submit an improvement plan to the board that specifies the
  896  activities and strategies for improving the institution’s
  897  performance.
  898         (3)The State Board of Education must review the
  899  improvement plan, and if approved, must monitor the
  900  institution’s progress on implementing the specified activities
  901  and strategies. The institutions shall submit monitoring reports
  902  to the board no later than December 31 and May 31 of each year.
  903         (4)The Commissioner of Education shall withhold
  904  disbursement of the institutional investment until such time as
  905  the monitoring report for the institution is approved by the
  906  State Board of Education. Any institution that fails to make
  907  satisfactory progress will not have its full institutional
  908  investment restored. If all institutional investment funds are
  909  not restored, any remaining funds shall be redistributed in
  910  accordance with the board’s performance funding model.
  911         (5)By October 1 of each year, the State Board of Education
  912  shall submit to the Governor, the President of the Senate, and
  913  the Speaker of the House of Representatives a report on the
  914  previous year’s performance funding allocation which reflects
  915  the rankings and award distributions.
  916         (6)The State Board of Education shall adopt rules to
  917  implement this section.
  918         Section 9. This act shall take effect July 1, 2015.