Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for SB 1166
       
       
       
       
       
       
                                Ì913116}Î913116                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             03/04/2016 01:08 PM       .                                
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       Senator Gaetz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (27) of section 1001.42,
    6  Florida Statutes, is redesignated as subsection (28), and a new
    7  subsection (27) is added to that section, to read:
    8         1001.42 Powers and duties of district school board.—The
    9  district school board, acting as a board, shall exercise all
   10  powers and perform all duties listed below:
   11         (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
   12  management and instruction, give suggestions for improvement,
   13  and advise citizens with the view of promoting interest in
   14  education and improving the school.
   15         Section 2. Section 1001.67, Florida Statutes, is created to
   16  read:
   17         1001.67Distinguished Florida College System Program.—A
   18  collaborative partnership is established between the State Board
   19  of Education and the Legislature to recognize the excellence of
   20  Florida’s highest-performing Florida College system
   21  institutions.
   22         (1) EXCELLENCE STANDARDS.—The following excellence
   23  standards are established for the program:
   24         (a)A 150 percent-of-normal-time completion rate of 50
   25  percent or higher, as calculated by the Division of Florida
   26  Colleges.
   27         (b)A 150 percent-of-normal-time completion rate for Pell
   28  Grant recipients of 40 percent or higher, as calculated by the
   29  Division of Florida Colleges.
   30         (c)A retention rate of 70 percent or higher, as calculated
   31  by the Division of Florida Colleges.
   32         (d)A continuing education, or transfer, rate of 72 percent
   33  or higher for students graduating with an associate of arts
   34  degree, as reported by the Florida Education and Training
   35  Placement Information Program (FETPIP).
   36         (e)A licensure passage rate on the National Council
   37  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
   38  percent or higher for first-time exam takers, as reported by the
   39  Board of Nursing.
   40         (f)A job placement or continuing education rate of 88
   41  percent or higher for workforce programs, as reported by FETPIP.
   42         (g)A time-to-degree for students graduating with an
   43  associate of arts degree of 2.25 years or less for first-time
   44  in-college students with accelerated college credits, as
   45  reported by the Southern Regional Education Board.
   46         (2)DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
   47  Education shall designate each Florida College System
   48  institution that meets five of the seven standards identified in
   49  subsection (1) as a distinguished college.
   50         (3)DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
   51  institution designated as a distinguished college by the State
   52  Board of Education is eligible for funding as specified in the
   53  General Appropriations Act.
   54         Section 3. Paragraphs (a) and (b) of subsection (6),
   55  subsection (16), paragraph (a) of subsection (17), and paragraph
   56  (a) of subsection (22) of section 1002.20, Florida Statutes, are
   57  amended to read:
   58         1002.20 K-12 student and parent rights.—Parents of public
   59  school students must receive accurate and timely information
   60  regarding their child’s academic progress and must be informed
   61  of ways they can help their child to succeed in school. K-12
   62  students and their parents are afforded numerous statutory
   63  rights including, but not limited to, the following:
   64         (6) EDUCATIONAL CHOICE.—
   65         (a) Public educational school choices.—Parents of public
   66  school students may seek any whatever public educational school
   67  choice options that are applicable and available to students
   68  throughout the state in their school districts. These options
   69  may include controlled open enrollment, single-gender programs,
   70  lab schools, virtual instruction programs, charter schools,
   71  charter technical career centers, magnet schools, alternative
   72  schools, special programs, auditory-oral education programs,
   73  advanced placement, dual enrollment, International
   74  Baccalaureate, International General Certificate of Secondary
   75  Education (pre-AICE), CAPE digital tools, CAPE industry
   76  certifications, collegiate high school programs, Advanced
   77  International Certificate of Education, early admissions, credit
   78  by examination or demonstration of competency, the New World
   79  School of the Arts, the Florida School for the Deaf and the
   80  Blind, and the Florida Virtual School. These options may also
   81  include the public educational school choice options of the
   82  Opportunity Scholarship Program and the McKay Scholarships for
   83  Students with Disabilities Program.
   84         (b) Private educational school choices.—Parents of public
   85  school students may seek private educational school choice
   86  options under certain programs.
   87         1. Under the McKay Scholarships for Students with
   88  Disabilities Program, the parent of a public school student with
   89  a disability may request and receive a McKay Scholarship for the
   90  student to attend a private school in accordance with s.
   91  1002.39.
   92         2. Under the Florida Tax Credit Scholarship Program, the
   93  parent of a student who qualifies for free or reduced-price
   94  school lunch or who is currently placed, or during the previous
   95  state fiscal year was placed, in foster care as defined in s.
   96  39.01 may seek a scholarship from an eligible nonprofit
   97  scholarship-funding organization in accordance with s. 1002.395.
   98         3. Under the Florida Personal Learning Scholarship Accounts
   99  Program, the parent of a student with a qualifying disability
  100  may apply for a personal learning scholarship to be used for
  101  individual educational needs in accordance with s. 1002.385.
  102         (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
  103  REPORTS; FISCAL TRANSPARENCY.—Parents of public school students
  104  have the right are entitled to an easy-to-read report card about
  105  the school’s grade designation or, if applicable under s.
  106  1008.341, the school’s improvement rating, and the school’s
  107  accountability report, including the school financial report as
  108  required under s. 1010.215. The school financial report must be
  109  provided to the parents and indicate the average amount of money
  110  expended per student in the school, which must also be included
  111  in the student handbook or a similar publication.
  112         (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
  113         (a) Eligibility.—Eligibility requirements for all students
  114  participating in high school athletic competition must allow a
  115  student to be immediately eligible in the school in which he or
  116  she first enrolls each school year, the school in which the
  117  student makes himself or herself a candidate for an athletic
  118  team by engaging in practice before enrolling, or the school to
  119  which the student has transferred with approval of the district
  120  school board, in accordance with the provisions of s.
  121  1006.20(2)(a).
  122         (22) TRANSPORTATION.—
  123         (a) Transportation to school.—Public school students shall
  124  be provided transportation to school, in accordance with the
  125  provisions of s. 1006.21(3)(a). Public school students may be
  126  provided transportation to school in accordance with the
  127  controlled open enrollment provisions of s. 1002.31(2).
  128         Section 4. Section 1002.31, Florida Statutes, is amended to
  129  read:
  130         1002.31 Controlled open enrollment; Public school parental
  131  choice.—
  132         (1) As used in this section, “controlled open enrollment”
  133  means a public education delivery system that allows school
  134  districts to make student school assignments using parents’
  135  indicated preferential educational school choice as a
  136  significant factor.
  137         (2)(a)Beginning by the 2017-2018 school year, as part of a
  138  school district’s or charter school’s controlled open enrollment
  139  process, and in addition to the existing public school choice
  140  programs provided in s. 1002.20(6)(a), each district school
  141  board or charter school shall allow a parent from any school
  142  district in the state whose child is not subject to a current
  143  expulsion or suspension to enroll his or her child in and
  144  transport his or her child to any public school, including
  145  charter schools, that has not reached capacity in the district,
  146  subject to the maximum class size pursuant to s. 1003.03 and s.
  147  1, Art. IX of the State Constitution. The school district or
  148  charter school shall accept the student, pursuant to that school
  149  district’s or charter school’s controlled open enrollment
  150  process, and report the student for purposes of the school
  151  district’s or charter school’s funding pursuant to the Florida
  152  Education Finance Program. A school district or charter school
  153  may provide transportation to students described under this
  154  section.
  155         (b) Each school district and charter school capacity
  156  determinations for its schools must be current and must be
  157  identified on the school district and charter school’s websites.
  158  In determining the capacity of each district school, the
  159  district school board shall incorporate the specifications,
  160  plans, elements, and commitments contained in the school
  161  district educational facilities plan and the long-term work
  162  programs required under s. 1013.35. Each charter school
  163  governing board shall determine capacity based upon its charter
  164  school contract.
  165         (c)Each district school board and charter school governing
  166  board must provide preferential treatment in its controlled open
  167  enrollment process to all of the following:
  168         1. Dependent children of active duty military personnel
  169  whose move resulted from military orders.
  170         2. Children who have been relocated due to a foster care
  171  placement in a different school zone.
  172         3. Children who move due to a court ordered change in
  173  custody due to separation or divorce, or the serious illness or
  174  death of a custodial parent.
  175         4. Students residing in the school district.
  176         (d)As part of its controlled open enrollment process, a
  177  charter school must provide preferential treatment in its
  178  controlled open enrollment participation process to the
  179  enrollment limitations pursuant to s. 1002.33(10)(e)1., 2., 5.,
  180  6., and 7, and may provide preferential treatment for the
  181  enrollment preferences pursuant to s. 1002.33(10)(d)4.b., if
  182  such special purposes are identified in the charter agreement.
  183  Each charter school shall annually post on its website the
  184  application process required to participate in controlled open
  185  enrollment, consistent with this section and s. 1002.33.
  186         (e) Students residing in the district, including charter
  187  school students, may not be displaced by a student from another
  188  district seeking enrollment under the controlled open enrollment
  189  process.
  190         (f) For purposes of continuity of educational choice, a
  191  student who transfers pursuant to this section may remain at the
  192  school chosen by the parent until the student completes the
  193  highest grade level at the school may offer controlled open
  194  enrollment within the public schools which is in addition to the
  195  existing choice programs such as virtual instruction programs,
  196  magnet schools, alternative schools, special programs, advanced
  197  placement, and dual enrollment.
  198         (3) Each district school board offering controlled open
  199  enrollment shall adopt by rule and post on its website the
  200  process required to participate in controlled open enrollment.
  201  The process a controlled open enrollment plan which must:
  202         (a) Adhere to federal desegregation requirements.
  203         (b) Allow Include an application process required to
  204  participate in controlled open enrollment that allows parents to
  205  declare school preferences, including placement of siblings
  206  within the same school.
  207         (c) Provide a lottery procedure to determine student
  208  assignment and establish an appeals process for hardship cases.
  209         (d) Afford parents of students in multiple session schools
  210  preferred access to controlled open enrollment.
  211         (e) Maintain socioeconomic, demographic, and racial
  212  balance.
  213         (f) Address the availability of transportation.
  214         (g) Maintain existing academic eligibility criteria for
  215  public school choice programs pursuant to s. 1002.20(6)(a).
  216         (h) Identify schools that have not reached capacity, as
  217  determined by the school district.
  218         (i) Ensure that each district school board adopts a policy
  219  to provide preferential treatment pursuant to paragraph (2)(c).
  220         (4) In accordance with the reporting requirements of s.
  221  1011.62, each district school board shall annually report the
  222  number of students exercising public school choice, by type
  223  attending the various types of public schools of choice in the
  224  district, in accordance with including schools such as virtual
  225  instruction programs, magnet schools, and public charter
  226  schools, according to rules adopted by the State Board of
  227  Education.
  228         (5) For a school or program that is a public school of
  229  choice under this section, the calculation for compliance with
  230  maximum class size pursuant to s. 1003.03 is the average number
  231  of students at the school level.
  232         (6)(a) A school district or charter school may not delay
  233  eligibility or otherwise prevent a student participating in
  234  controlled open enrollment or a choice program from being
  235  immediately eligible to participate in interscholastic and
  236  intrascholastic extracurricular activities.
  237         (b) A student may not participate in a sport if the student
  238  participated in that same sport at another school during that
  239  school year, unless the student meets one of the following
  240  criteria:
  241         1. Dependent children of active duty military personnel
  242  whose move resulted from military orders.
  243         2. Children who have been relocated due to a foster care
  244  placement in a different school zone.
  245         3. Children who move due to a court ordered change in
  246  custody due to separation or divorce, or the serious illness or
  247  death of a custodial parent.
  248         4. Authorized for good cause in district or charter school
  249  policy.
  250         Section 5. Subsection (1), paragraph (a) of subsection (2),
  251  paragraphs (a) and (b) of subsection (6), paragraphs (a) and (d)
  252  of subsection (7), paragraphs (g), (n), and (p) of subsection
  253  (9), paragraph (d) of subsection (10), paragraphs (b) and (e) of
  254  subsection (17), paragraph (a) of subsection (18), and paragraph
  255  (a) of subsection (20) of section 1002.33, Florida Statutes, are
  256  amended, and a new paragraph (g) is added to subsection (17) of
  257  that section, to read:
  258         1002.33 Charter schools.—
  259         (1) AUTHORIZATION.—Charter schools shall be part of the
  260  state’s program of public education. All charter schools in
  261  Florida are public schools. A charter school may be formed by
  262  creating a new school or converting an existing public school to
  263  charter status. A charter school may operate a virtual charter
  264  school pursuant to s. 1002.45(1)(d) to provide full-time online
  265  instruction to eligible students, pursuant to s. 1002.455, in
  266  kindergarten through grade 12. An existing A charter school that
  267  is seeking to become a virtual charter school must amend its
  268  charter or submit a new application pursuant to subsection (6)
  269  to become a virtual charter school. A virtual charter school is
  270  subject to the requirements of this section; however, a virtual
  271  charter school is exempt from subsections (18) and (19),
  272  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
  273  s. 1003.03. A public school may not use the term charter in its
  274  name unless it has been approved under this section.
  275         (2) GUIDING PRINCIPLES; PURPOSE.—
  276         (a) Charter schools in Florida shall be guided by the
  277  following principles:
  278         1. Meet high standards of student achievement while
  279  providing parents flexibility to choose among diverse
  280  educational opportunities within the state’s public school
  281  system.
  282         2. Promote enhanced academic success and financial
  283  efficiency by aligning responsibility with accountability.
  284         3. Provide parents with sufficient information on whether
  285  their child is reading at grade level and whether the child
  286  gains at least a year’s worth of learning for every year spent
  287  in the charter school. For a student who exhibits a substantial
  288  deficiency in reading, as determined by the charter school, the
  289  school shall notify the parent of the deficiency, the intensive
  290  interventions and supports used, and the student’s progress in
  291  accordance with s. 1008.25(5).
  292         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  293  applications are subject to the following requirements:
  294         (a) A person or entity seeking wishing to open a charter
  295  school shall prepare and submit an application on a model
  296  application form prepared by the Department of Education which:
  297         1. Demonstrates how the school will use the guiding
  298  principles and meet the statutorily defined purpose of a charter
  299  school.
  300         2. Provides a detailed curriculum plan that illustrates how
  301  students will be provided services to attain the Sunshine State
  302  Standards.
  303         3. Contains goals and objectives for improving student
  304  learning and measuring that improvement. These goals and
  305  objectives must indicate how much academic improvement students
  306  are expected to show each year, how success will be evaluated,
  307  and the specific results to be attained through instruction.
  308         4. Describes the reading curriculum and differentiated
  309  strategies that will be used for students reading at grade level
  310  or higher and a separate curriculum and strategies for students
  311  who are reading below grade level. A sponsor shall deny an
  312  application a charter if the school does not propose a reading
  313  curriculum that is evidence-based and includes explicit,
  314  systematic, and multisensory reading instructional strategies;
  315  however, a sponsor may not require the charter school to
  316  implement the reading plan adopted by the school district
  317  pursuant to s. 1011.62(9) consistent with effective teaching
  318  strategies that are grounded in scientifically based reading
  319  research.
  320         5. Contains an annual financial plan for each year
  321  requested by the charter for operation of the school for up to 5
  322  years. This plan must contain anticipated fund balances based on
  323  revenue projections, a spending plan based on projected revenues
  324  and expenses, and a description of controls that will safeguard
  325  finances and projected enrollment trends.
  326         6.Discloses the name of each applicant, governing board
  327  member, and all proposed education services providers; the name
  328  and sponsor of any charter school operated by each applicant,
  329  each governing board member, and each proposed education
  330  services provider that has closed and the reasons for the
  331  closure; and the academic and financial history of such charter
  332  schools, which the sponsor shall consider in deciding whether to
  333  approve or deny the application.
  334         7.6. Contains additional information a sponsor may require,
  335  which shall be attached as an addendum to the charter school
  336  application described in this paragraph.
  337         8.7. For the establishment of a virtual charter school,
  338  documents that the applicant has contracted with a provider of
  339  virtual instruction services pursuant to s. 1002.45(1)(d).
  340         (b) A sponsor shall receive and review all applications for
  341  a charter school using the an evaluation instrument developed by
  342  the Department of Education. A sponsor shall receive and
  343  consider charter school applications received on or before
  344  August 1 of each calendar year for charter schools to be opened
  345  at the beginning of the school district’s next school year, or
  346  to be opened at a time agreed to by the applicant and the
  347  sponsor. A sponsor may not refuse to receive a charter school
  348  application submitted before August 1 and may receive an
  349  application submitted later than August 1 if it chooses. In
  350  order to facilitate greater collaboration in the application
  351  process, an applicant may submit a draft charter school
  352  application on or before May 1 with an application fee of $500.
  353  If a draft application is timely submitted, the sponsor shall
  354  review and provide feedback as to material deficiencies in the
  355  application by July 1. The applicant shall then have until
  356  August 1 to resubmit a revised and final application. The
  357  sponsor may approve the draft application. Except as provided
  358  for a draft application, a sponsor may not charge an applicant
  359  for a charter any fee for the processing or consideration of an
  360  application, and a sponsor may not base its consideration or
  361  approval of a final application upon the promise of future
  362  payment of any kind. Before approving or denying any final
  363  application, the sponsor shall allow the applicant, upon receipt
  364  of written notification, at least 7 calendar days to make
  365  technical or nonsubstantive corrections and clarifications,
  366  including, but not limited to, corrections of grammatical,
  367  typographical, and like errors or missing signatures, if such
  368  errors are identified by the sponsor as cause to deny the final
  369  application.
  370         1. In order to facilitate an accurate budget projection
  371  process, a sponsor shall be held harmless for FTE students who
  372  are not included in the FTE projection due to approval of
  373  charter school applications after the FTE projection deadline.
  374  In a further effort to facilitate an accurate budget projection,
  375  within 15 calendar days after receipt of a charter school
  376  application, a sponsor shall report to the Department of
  377  Education the name of the applicant entity, the proposed charter
  378  school location, and its projected FTE.
  379         2. In order to ensure fiscal responsibility, an application
  380  for a charter school shall include a full accounting of expected
  381  assets, a projection of expected sources and amounts of income,
  382  including income derived from projected student enrollments and
  383  from community support, and an expense projection that includes
  384  full accounting of the costs of operation, including start-up
  385  costs.
  386         3.a. A sponsor shall by a majority vote approve or deny an
  387  application no later than 60 calendar days after the application
  388  is received, unless the sponsor and the applicant mutually agree
  389  in writing to temporarily postpone the vote to a specific date,
  390  at which time the sponsor shall by a majority vote approve or
  391  deny the application. If the sponsor fails to act on the
  392  application, an applicant may appeal to the State Board of
  393  Education as provided in paragraph (c). If an application is
  394  denied, the sponsor shall, within 10 calendar days after such
  395  denial, articulate in writing the specific reasons, based upon
  396  good cause, supporting its denial of the charter application and
  397  shall provide the letter of denial and supporting documentation
  398  to the applicant and to the Department of Education.
  399         b. An application submitted by a high-performing charter
  400  school identified pursuant to s. 1002.331 may be denied by the
  401  sponsor only if the sponsor demonstrates by clear and convincing
  402  evidence that:
  403         (I) The application does not materially comply with the
  404  requirements in paragraph (a);
  405         (II) The charter school proposed in the application does
  406  not materially comply with the requirements in paragraphs
  407  (9)(a)-(f);
  408         (III) The proposed charter school’s educational program
  409  does not substantially replicate that of the applicant or one of
  410  the applicant’s high-performing charter schools;
  411         (IV) The applicant has made a material misrepresentation or
  412  false statement or concealed an essential or material fact
  413  during the application process; or
  414         (V) The proposed charter school’s educational program and
  415  financial management practices do not materially comply with the
  416  requirements of this section.
  417  
  418  Material noncompliance is a failure to follow requirements or a
  419  violation of prohibitions applicable to charter school
  420  applications, which failure is quantitatively or qualitatively
  421  significant either individually or when aggregated with other
  422  noncompliance. An applicant is considered to be replicating a
  423  high-performing charter school if the proposed school is
  424  substantially similar to at least one of the applicant’s high
  425  performing charter schools and the organization or individuals
  426  involved in the establishment and operation of the proposed
  427  school are significantly involved in the operation of replicated
  428  schools.
  429         c. If the sponsor denies an application submitted by a
  430  high-performing charter school, the sponsor must, within 10
  431  calendar days after such denial, state in writing the specific
  432  reasons, based upon the criteria in sub-subparagraph b.,
  433  supporting its denial of the application and must provide the
  434  letter of denial and supporting documentation to the applicant
  435  and to the Department of Education. The applicant may appeal the
  436  sponsor’s denial of the application directly to the State Board
  437  of Education and, if an appeal is filed, must provide a copy of
  438  the appeal to the sponsor pursuant to paragraph (c) sub
  439  subparagraph (c)3.b.
  440         4. For budget projection purposes, the sponsor shall report
  441  to the Department of Education the approval or denial of an a
  442  charter application within 10 calendar days after such approval
  443  or denial. In the event of approval, the report to the
  444  Department of Education shall include the final projected FTE
  445  for the approved charter school.
  446         5. Upon approval of an a charter application, the initial
  447  startup shall commence with the beginning of the public school
  448  calendar for the district in which the charter is granted unless
  449  the sponsor allows a waiver of this subparagraph for good cause.
  450         (7) CHARTER.—The major issues involving the operation of a
  451  charter school shall be considered in advance and written into
  452  the charter. The charter shall be signed by the governing board
  453  of the charter school and the sponsor, following a public
  454  hearing to ensure community input.
  455         (a) The charter shall address and criteria for approval of
  456  the charter shall be based on:
  457         1. The school’s mission, the students to be served, and the
  458  ages and grades to be included.
  459         2. The focus of the curriculum, the instructional methods
  460  to be used, any distinctive instructional techniques to be
  461  employed, and identification and acquisition of appropriate
  462  technologies needed to improve educational and administrative
  463  performance which include a means for promoting safe, ethical,
  464  and appropriate uses of technology which comply with legal and
  465  professional standards.
  466         a. The charter shall ensure that reading is a primary focus
  467  of the curriculum and that resources are provided to identify
  468  and provide specialized instruction for students who are reading
  469  below grade level. The curriculum and instructional strategies
  470  for reading must be consistent with the Next Generation Sunshine
  471  State Standards and evidence-based grounded in scientifically
  472  based reading research.
  473         b. In order to provide students with access to diverse
  474  instructional delivery models, to facilitate the integration of
  475  technology within traditional classroom instruction, and to
  476  provide students with the skills they need to compete in the
  477  21st century economy, the Legislature encourages instructional
  478  methods for blended learning courses consisting of both
  479  traditional classroom and online instructional techniques.
  480  Charter schools may implement blended learning courses which
  481  combine traditional classroom instruction and virtual
  482  instruction. Students in a blended learning course must be full
  483  time students of the charter school and receive the online
  484  instruction in a classroom setting at the charter school.
  485  Instructional personnel certified pursuant to s. 1012.55 who
  486  provide virtual instruction for blended learning courses may be
  487  employees of the charter school or may be under contract to
  488  provide instructional services to charter school students. At a
  489  minimum, such instructional personnel must hold an active state
  490  or school district adjunct certification under s. 1012.57 for
  491  the subject area of the blended learning course. The funding and
  492  performance accountability requirements for blended learning
  493  courses are the same as those for traditional courses.
  494         3. The current incoming baseline standard of student
  495  academic achievement, the outcomes to be achieved, and the
  496  method of measurement that will be used. The criteria listed in
  497  this subparagraph shall include a detailed description of:
  498         a. How the baseline student academic achievement levels and
  499  prior rates of academic progress will be established.
  500         b. How these baseline rates will be compared to rates of
  501  academic progress achieved by these same students while
  502  attending the charter school.
  503         c. To the extent possible, how these rates of progress will
  504  be evaluated and compared with rates of progress of other
  505  closely comparable student populations.
  506  
  507  The district school board is required to provide academic
  508  student performance data to charter schools for each of their
  509  students coming from the district school system, as well as
  510  rates of academic progress of comparable student populations in
  511  the district school system.
  512         4. The methods used to identify the educational strengths
  513  and needs of students and how well educational goals and
  514  performance standards are met by students attending the charter
  515  school. The methods shall provide a means for the charter school
  516  to ensure accountability to its constituents by analyzing
  517  student performance data and by evaluating the effectiveness and
  518  efficiency of its major educational programs. Students in
  519  charter schools shall, at a minimum, participate in the
  520  statewide assessment program created under s. 1008.22.
  521         5. In secondary charter schools, a method for determining
  522  that a student has satisfied the requirements for graduation in
  523  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  524         6. A method for resolving conflicts between the governing
  525  board of the charter school and the sponsor.
  526         7. The admissions procedures and dismissal procedures,
  527  including the school’s code of student conduct. Admission or
  528  dismissal must not be based on a student’s academic performance.
  529         8. The ways by which the school will achieve a
  530  racial/ethnic balance reflective of the community it serves or
  531  within the racial/ethnic range of other public schools in the
  532  same school district.
  533         9. The financial and administrative management of the
  534  school, including a reasonable demonstration of the professional
  535  experience or competence of those individuals or organizations
  536  applying to operate the charter school or those hired or
  537  retained to perform such professional services and the
  538  description of clearly delineated responsibilities and the
  539  policies and practices needed to effectively manage the charter
  540  school. A description of internal audit procedures and
  541  establishment of controls to ensure that financial resources are
  542  properly managed must be included. Both public sector and
  543  private sector professional experience shall be equally valid in
  544  such a consideration.
  545         10. The asset and liability projections required in the
  546  application which are incorporated into the charter and shall be
  547  compared with information provided in the annual report of the
  548  charter school.
  549         11. A description of procedures that identify various risks
  550  and provide for a comprehensive approach to reduce the impact of
  551  losses; plans to ensure the safety and security of students and
  552  staff; plans to identify, minimize, and protect others from
  553  violent or disruptive student behavior; and the manner in which
  554  the school will be insured, including whether or not the school
  555  will be required to have liability insurance, and, if so, the
  556  terms and conditions thereof and the amounts of coverage.
  557         12. The term of the charter which shall provide for
  558  cancellation of the charter if insufficient progress has been
  559  made in attaining the student achievement objectives of the
  560  charter and if it is not likely that such objectives can be
  561  achieved before expiration of the charter. The initial term of a
  562  charter shall be for 4 or 5 years. In order to facilitate access
  563  to long-term financial resources for charter school
  564  construction, charter schools that are operated by a
  565  municipality or other public entity as provided by law are
  566  eligible for up to a 15-year charter, subject to approval by the
  567  district school board. A charter lab school is eligible for a
  568  charter for a term of up to 15 years. In addition, to facilitate
  569  access to long-term financial resources for charter school
  570  construction, charter schools that are operated by a private,
  571  not-for-profit, s. 501(c)(3) status corporation are eligible for
  572  up to a 15-year charter, subject to approval by the district
  573  school board. Such long-term charters remain subject to annual
  574  review and may be terminated during the term of the charter, but
  575  only according to the provisions set forth in subsection (8).
  576         13. The facilities to be used and their location. The
  577  sponsor may not require a charter school to have a certificate
  578  of occupancy or a temporary certificate of occupancy for such a
  579  facility earlier than 15 calendar days before the first day of
  580  school.
  581         14. The qualifications to be required of the teachers and
  582  the potential strategies used to recruit, hire, train, and
  583  retain qualified staff to achieve best value.
  584         15. The governance structure of the school, including the
  585  status of the charter school as a public or private employer as
  586  required in paragraph (12)(i).
  587         16. A timetable for implementing the charter which
  588  addresses the implementation of each element thereof and the
  589  date by which the charter shall be awarded in order to meet this
  590  timetable.
  591         17. In the case of an existing public school that is being
  592  converted to charter status, alternative arrangements for
  593  current students who choose not to attend the charter school and
  594  for current teachers who choose not to teach in the charter
  595  school after conversion in accordance with the existing
  596  collective bargaining agreement or district school board rule in
  597  the absence of a collective bargaining agreement. However,
  598  alternative arrangements shall not be required for current
  599  teachers who choose not to teach in a charter lab school, except
  600  as authorized by the employment policies of the state university
  601  which grants the charter to the lab school.
  602         18. Full disclosure of the identity of all relatives
  603  employed by the charter school who are related to the charter
  604  school owner, president, chairperson of the governing board of
  605  directors, superintendent, governing board member, principal,
  606  assistant principal, or any other person employed by the charter
  607  school who has equivalent decisionmaking authority. For the
  608  purpose of this subparagraph, the term “relative” means father,
  609  mother, son, daughter, brother, sister, uncle, aunt, first
  610  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  611  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  612  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  613  stepsister, half brother, or half sister.
  614         19. Implementation of the activities authorized under s.
  615  1002.331 by the charter school when it satisfies the eligibility
  616  requirements for a high-performing charter school. A high
  617  performing charter school shall notify its sponsor in writing by
  618  March 1 if it intends to increase enrollment or expand grade
  619  levels the following school year. The written notice shall
  620  specify the amount of the enrollment increase and the grade
  621  levels that will be added, as applicable.
  622         (d)1.A charter may be terminated by a charter school’s
  623  governing board through voluntary closure. The decision to cease
  624  operations must be determined at a public meeting. The governing
  625  board shall notify the parents and sponsor of the public meeting
  626  in writing before the public meeting. The governing board must
  627  notify the sponsor, parents of enrolled students, and the
  628  department in writing within 24 hours after the public meeting
  629  of its determination. The notice shall state the charter
  630  school’s intent to continue operations or the reason for the
  631  closure and acknowledge that the governing board agrees to
  632  follow the procedures for dissolution and reversion of public
  633  funds pursuant to paragraphs (8)(e)-(g) and (9)(o) Each charter
  634  school’s governing board must appoint a representative to
  635  facilitate parental involvement, provide access to information,
  636  assist parents and others with questions and concerns, and
  637  resolve disputes. The representative must reside in the school
  638  district in which the charter school is located and may be a
  639  governing board member, charter school employee, or individual
  640  contracted to represent the governing board. If the governing
  641  board oversees multiple charter schools in the same school
  642  district, the governing board must appoint a separate individual
  643  representative for each charter school in the district. The
  644  representative’s contact information must be provided annually
  645  in writing to parents and posted prominently on the charter
  646  school’s website if a website is maintained by the school. The
  647  sponsor may not require that governing board members reside in
  648  the school district in which the charter school is located if
  649  the charter school complies with this paragraph.
  650         2.Each charter school’s governing board must hold at least
  651  two public meetings per school year in the school district. The
  652  meetings must be noticed, open, and accessible to the public,
  653  and attendees must be provided an opportunity to receive
  654  information and provide input regarding the charter school’s
  655  operations. The appointed representative and charter school
  656  principal or director, or his or her equivalent, must be
  657  physically present at each meeting.
  658         (9) CHARTER SCHOOL REQUIREMENTS.—
  659         (g)1. In order to provide financial information that is
  660  comparable to that reported for other public schools, charter
  661  schools are to maintain all financial records that constitute
  662  their accounting system:
  663         a. In accordance with the accounts and codes prescribed in
  664  the most recent issuance of the publication titled “Financial
  665  and Program Cost Accounting and Reporting for Florida Schools”;
  666  or
  667         b. At the discretion of the charter school’s governing
  668  board, a charter school may elect to follow generally accepted
  669  accounting standards for not-for-profit organizations, but must
  670  reformat this information for reporting according to this
  671  paragraph.
  672         2. Charter schools shall provide annual financial report
  673  and program cost report information in the state-required
  674  formats for inclusion in district reporting in compliance with
  675  s. 1011.60(1). Charter schools that are operated by a
  676  municipality or are a component unit of a parent nonprofit
  677  organization may use the accounting system of the municipality
  678  or the parent but must reformat this information for reporting
  679  according to this paragraph.
  680         3. A charter school shall, upon approval of the charter
  681  contract, provide the sponsor with a concise, uniform, monthly
  682  financial statement summary sheet that contains a balance sheet
  683  and a statement of revenue, expenditures, and changes in fund
  684  balance. The balance sheet and the statement of revenue,
  685  expenditures, and changes in fund balance shall be in the
  686  governmental funds format prescribed by the Governmental
  687  Accounting Standards Board. A high-performing charter school
  688  pursuant to s. 1002.331 may provide a quarterly financial
  689  statement in the same format and requirements as the uniform
  690  monthly financial statement summary sheet. The sponsor shall
  691  review each monthly or quarterly financial statement to identify
  692  the existence of any conditions identified in s. 1002.345(1)(a).
  693         4. A charter school shall maintain and provide financial
  694  information as required in this paragraph. The financial
  695  statement required in subparagraph 3. must be in a form
  696  prescribed by the Department of Education.
  697         (n)1. The director and a representative of the governing
  698  board of a charter school that has earned a grade of “D” or “F”
  699  pursuant to s. 1008.34 shall appear before the sponsor to
  700  present information concerning each contract component having
  701  noted deficiencies. The director and a representative of the
  702  governing board shall submit to the sponsor for approval a
  703  school improvement plan to raise student performance. Upon
  704  approval by the sponsor, the charter school shall begin
  705  implementation of the school improvement plan. The department
  706  shall offer technical assistance and training to the charter
  707  school and its governing board and establish guidelines for
  708  developing, submitting, and approving such plans.
  709         2.a. If a charter school earns three consecutive grades of
  710  “D,” two consecutive grades of “D” followed by a grade of “F,”
  711  or two nonconsecutive grades of “F” within a 3-year period, the
  712  charter school governing board shall choose one of the following
  713  corrective actions:
  714         (I) Contract for educational services to be provided
  715  directly to students, instructional personnel, and school
  716  administrators, as prescribed in state board rule;
  717         (II) Contract with an outside entity that has a
  718  demonstrated record of effectiveness to operate the school;
  719         (III) Reorganize the school under a new director or
  720  principal who is authorized to hire new staff; or
  721         (IV) Voluntarily close the charter school.
  722         b. The charter school must implement the corrective action
  723  in the school year following receipt of a third consecutive
  724  grade of “D,” a grade of “F” following two consecutive grades of
  725  “D,” or a second nonconsecutive grade of “F” within a 3-year
  726  period.
  727         c. The sponsor may annually waive a corrective action if it
  728  determines that the charter school is likely to improve a letter
  729  grade if additional time is provided to implement the
  730  intervention and support strategies prescribed by the school
  731  improvement plan. Notwithstanding this sub-subparagraph, a
  732  charter school that earns a second consecutive grade of “F” is
  733  subject to subparagraph 4.
  734         d. A charter school is no longer required to implement a
  735  corrective action if it improves by at least one letter grade.
  736  However, the charter school must continue to implement
  737  strategies identified in the school improvement plan. The
  738  sponsor must annually review implementation of the school
  739  improvement plan to monitor the school’s continued improvement
  740  pursuant to subparagraph 5.
  741         e. A charter school implementing a corrective action that
  742  does not improve by at least one letter grade after 2 full
  743  school years of implementing the corrective action must select a
  744  different corrective action. Implementation of the new
  745  corrective action must begin in the school year following the
  746  implementation period of the existing corrective action, unless
  747  the sponsor determines that the charter school is likely to
  748  improve a letter grade if additional time is provided to
  749  implement the existing corrective action. Notwithstanding this
  750  sub-subparagraph, a charter school that earns a second
  751  consecutive grade of “F” while implementing a corrective action
  752  is subject to subparagraph 4.
  753         3. A charter school with a grade of “D” or “F” that
  754  improves by at least one letter grade must continue to implement
  755  the strategies identified in the school improvement plan. The
  756  sponsor must annually review implementation of the school
  757  improvement plan to monitor the school’s continued improvement
  758  pursuant to subparagraph 5.
  759         4. A charter school’s charter contract is automatically
  760  terminated if the school earns two consecutive grades of “F”
  761  after all school grade appeals are final The sponsor shall
  762  terminate a charter if the charter school earns two consecutive
  763  grades of “F” unless:
  764         a. The charter school is established to turn around the
  765  performance of a district public school pursuant to s.
  766  1008.33(4)(b)3. Such charter schools shall be governed by s.
  767  1008.33;
  768         b. The charter school serves a student population the
  769  majority of which resides in a school zone served by a district
  770  public school that earned a grade of “F” in the year before the
  771  charter school opened and the charter school earns at least a
  772  grade of “D” in its third year of operation. The exception
  773  provided under this sub-subparagraph does not apply to a charter
  774  school in its fourth year of operation and thereafter; or
  775         c. The state board grants the charter school a waiver of
  776  termination. The charter school must request the waiver within
  777  15 days after the department’s official release of school
  778  grades. The state board may waive termination if the charter
  779  school demonstrates that the Learning Gains of its students on
  780  statewide assessments are comparable to or better than the
  781  Learning Gains of similarly situated students enrolled in nearby
  782  district public schools. The waiver is valid for 1 year and may
  783  only be granted once. Charter schools that have been in
  784  operation for more than 5 years are not eligible for a waiver
  785  under this sub-subparagraph.
  786  
  787  The sponsor shall notify the charter school’s governing board,
  788  the charter school principal, and the department in writing when
  789  a charter contract is terminated under this subparagraph. The
  790  letter of termination must meet the requirements of paragraph
  791  (8)(c). A charter terminated under this subparagraph must follow
  792  the procedures for dissolution and reversion of public funds
  793  pursuant to paragraphs (8)(e)-(g) and (9)(o).
  794         5. The director and a representative of the governing board
  795  of a graded charter school that has implemented a school
  796  improvement plan under this paragraph shall appear before the
  797  sponsor at least once a year to present information regarding
  798  the progress of intervention and support strategies implemented
  799  by the school pursuant to the school improvement plan and
  800  corrective actions, if applicable. The sponsor shall communicate
  801  at the meeting, and in writing to the director, the services
  802  provided to the school to help the school address its
  803  deficiencies.
  804         6. Notwithstanding any provision of this paragraph except
  805  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  806  at any time pursuant to subsection (8).
  807         (p)1. Each charter school shall maintain a website that
  808  enables the public to obtain information regarding the school;
  809  the school’s academic performance; the names of the governing
  810  board members; the programs at the school; any management
  811  companies, service providers, or education management
  812  corporations associated with the school; the school’s annual
  813  budget and its annual independent fiscal audit; the school’s
  814  grade pursuant to s. 1008.34; and, on a quarterly basis, the
  815  minutes of governing board meetings.
  816         2.Each charter school’s governing board must appoint a
  817  representative to facilitate parental involvement, provide
  818  access to information, assist parents and others with questions
  819  and concerns, and resolve disputes. The representative must
  820  reside in the school district in which the charter school is
  821  located and may be a governing board member, a charter school
  822  employee, or an individual contracted to represent the governing
  823  board. If the governing board oversees multiple charter schools
  824  in the same school district, the governing board must appoint a
  825  separate representative for each charter school in the district.
  826  The representative’s contact information must be provided
  827  annually in writing to parents and posted prominently on the
  828  charter school’s website. The sponsor may not require governing
  829  board members to reside in the school district in which the
  830  charter school is located if the charter school complies with
  831  this subparagraph.
  832         3.Each charter school’s governing board must hold at least
  833  two public meetings per school year in the school district where
  834  the charter school is located. The meetings must be noticed,
  835  open, and accessible to the public, and attendees must be
  836  provided an opportunity to receive information and provide input
  837  regarding the charter school’s operations. The appointed
  838  representative and charter school principal or director, or his
  839  or her designee, must be physically present at each meeting.
  840  Members of the governing board may attend in person or by means
  841  of communications media technology used in accordance with rules
  842  adopted by the Administration Commission under s. 120.54(5).
  843         (10) ELIGIBLE STUDENTS.—
  844         (d) A charter school may give enrollment preference to the
  845  following student populations:
  846         1. Students who are siblings of a student enrolled in the
  847  charter school.
  848         2. Students who are the children of a member of the
  849  governing board of the charter school.
  850         3. Students who are the children of an employee of the
  851  charter school.
  852         4. Students who are the children of:
  853         a. An employee of the business partner of a charter school
  854  in-the-workplace established under paragraph (15)(b) or a
  855  resident of the municipality in which such charter school is
  856  located; or
  857         b. A resident or employee of a municipality that operates a
  858  charter school-in-a-municipality pursuant to paragraph (15)(c)
  859  or allows a charter school to use a school facility or portion
  860  of land provided by the municipality for the operation of the
  861  charter school.
  862         5. Students who have successfully completed a voluntary
  863  prekindergarten education program under ss. 1002.51-1002.79
  864  provided by the charter school or the charter school’s governing
  865  board during the previous year.
  866         6. Students who are the children of an active duty member
  867  of any branch of the United States Armed Forces.
  868         7.Students who attended or are assigned to failing schools
  869  pursuant to s. 1002.38(2).
  870         (17) FUNDING.—Students enrolled in a charter school,
  871  regardless of the sponsorship, shall be funded as if they are in
  872  a basic program or a special program, the same as students
  873  enrolled in other public schools in the school district. Funding
  874  for a charter lab school shall be as provided in s. 1002.32.
  875         (b) The basis for the agreement for funding students
  876  enrolled in a charter school shall be the sum of the school
  877  district’s operating funds from the Florida Education Finance
  878  Program as provided in s. 1011.62 and the General Appropriations
  879  Act, including gross state and local funds, discretionary
  880  lottery funds, and funds from the school district’s current
  881  operating discretionary millage levy; divided by total funded
  882  weighted full-time equivalent students in the school district;
  883  multiplied by the weighted full-time equivalent students for the
  884  charter school. Charter schools whose students or programs meet
  885  the eligibility criteria in law are entitled to their
  886  proportionate share of categorical program funds included in the
  887  total funds available in the Florida Education Finance Program
  888  by the Legislature, including transportation, the research-based
  889  reading allocation, and the Florida digital classrooms
  890  allocation. Total funding for each charter school shall be
  891  recalculated during the year to reflect the revised calculations
  892  under the Florida Education Finance Program by the state and the
  893  actual weighted full-time equivalent students reported by the
  894  charter school during the full-time equivalent student survey
  895  periods designated by the Commissioner of Education.
  896         (e) District school boards shall make timely and efficient
  897  payment and reimbursement to charter schools, including
  898  processing paperwork required to access special state and
  899  federal funding for which they may be eligible. Payments of
  900  funds under paragraph (b) shall be made monthly or twice a
  901  month, beginning with the start of the district school board’s
  902  fiscal year. Each payment shall be one-twelfth, or one twenty
  903  fourth, as applicable, of the total state and local funds
  904  described in paragraph (b) and adjusted as set forth therein.
  905  For the first 2 years of a charter school’s operation, if a
  906  minimum of 75 percent of the projected enrollment is entered
  907  into the sponsor’s student information system by the first day
  908  of the current month, the district school board shall may
  909  distribute funds to the a charter school for the up to 3 months
  910  of July through October based on the projected full-time
  911  equivalent student membership of the charter school as submitted
  912  in the approved application. If less than 75 percent of the
  913  projected enrollment is entered into the sponsor’s student
  914  information system by the first day of the current month, the
  915  sponsor shall base payments on the actual number of student
  916  enrollment entered into the sponsor’s student information
  917  system. Thereafter, the results of full-time equivalent student
  918  membership surveys shall be used in adjusting the amount of
  919  funds distributed monthly to the charter school for the
  920  remainder of the fiscal year. The payments payment shall be
  921  issued no later than 10 working days after the district school
  922  board receives a distribution of state or federal funds or the
  923  date the payment is due pursuant to this subsection. If a
  924  warrant for payment is not issued within 10 working days after
  925  receipt of funding by the district school board, the school
  926  district shall pay to the charter school, in addition to the
  927  amount of the scheduled disbursement, interest at a rate of 1
  928  percent per month calculated on a daily basis on the unpaid
  929  balance from the expiration of the 10 working days until such
  930  time as the warrant is issued. The district school board may not
  931  delay payment to a charter school of any portion of the funds
  932  provided in paragraph (b) based on the timing of receipt of
  933  local funds by the district school board.
  934         (g) To be eligible for public education capital outlay
  935  (PECO) funds, a charter school must be located in the State of
  936  Florida.
  937         (18) FACILITIES.—
  938         (a) A startup charter school shall utilize facilities which
  939  comply with the Florida Building Code pursuant to chapter 553
  940  except for the State Requirements for Educational Facilities.
  941  Conversion charter schools shall utilize facilities that comply
  942  with the State Requirements for Educational Facilities provided
  943  that the school district and the charter school have entered
  944  into a mutual management plan for the reasonable maintenance of
  945  such facilities. The mutual management plan shall contain a
  946  provision by which the district school board agrees to maintain
  947  charter school facilities in the same manner as its other public
  948  schools within the district. Charter schools, with the exception
  949  of conversion charter schools, are not required to comply, but
  950  may choose to comply, with the State Requirements for
  951  Educational Facilities of the Florida Building Code adopted
  952  pursuant to s. 1013.37. The local governing authority shall not
  953  adopt or impose any local building requirements or site
  954  development restrictions, such as parking and site-size
  955  criteria, that are addressed by and more stringent than those
  956  found in the State Requirements for Educational Facilities of
  957  the Florida Building Code. Beginning July 1, 2011, A local
  958  governing authority must treat charter schools equitably in
  959  comparison to similar requirements, restrictions, and site
  960  planning processes imposed upon public schools that are not
  961  charter schools. The agency having jurisdiction for inspection
  962  of a facility and issuance of a certificate of occupancy or use
  963  shall be the local municipality or, if in an unincorporated
  964  area, the county governing authority. If an official or employee
  965  of the local governing authority refuses to comply with this
  966  paragraph, the aggrieved school or entity has an immediate right
  967  to bring an action in circuit court to enforce its rights by
  968  injunction. An aggrieved party that receives injunctive relief
  969  may be awarded attorney fees and court costs.
  970         (20) SERVICES.—
  971         (a)1. A sponsor shall provide certain administrative and
  972  educational services to charter schools. These services shall
  973  include contract management services; full-time equivalent and
  974  data reporting services; exceptional student education
  975  administration services; services related to eligibility and
  976  reporting duties required to ensure that school lunch services
  977  under the federal lunch program, consistent with the needs of
  978  the charter school, are provided by the school district at the
  979  request of the charter school, that any funds due to the charter
  980  school under the federal lunch program be paid to the charter
  981  school as soon as the charter school begins serving food under
  982  the federal lunch program, and that the charter school is paid
  983  at the same time and in the same manner under the federal lunch
  984  program as other public schools serviced by the sponsor or the
  985  school district; test administration services, including payment
  986  of the costs of state-required or district-required student
  987  assessments; processing of teacher certificate data services;
  988  and information services, including equal access to student
  989  information systems that are used by public schools in the
  990  district in which the charter school is located. Student
  991  performance data for each student in a charter school,
  992  including, but not limited to, FCAT scores, standardized test
  993  scores, previous public school student report cards, and student
  994  performance measures, shall be provided by the sponsor to a
  995  charter school in the same manner provided to other public
  996  schools in the district.
  997         2. A total administrative fee for the provision of such
  998  services shall be calculated based upon up to 5 percent of the
  999  available funds defined in paragraph (17)(b) for all students,
 1000  except that when 75 percent or more of the students enrolled in
 1001  the charter school are exceptional students as defined in s.
 1002  1003.01(3), the 5 percent of those available funds shall be
 1003  calculated based on unweighted full-time equivalent students.
 1004  However, a sponsor may only withhold up to a 5-percent
 1005  administrative fee for enrollment for up to and including 250
 1006  students. For charter schools with a population of 251 or more
 1007  students, the difference between the total administrative fee
 1008  calculation and the amount of the administrative fee withheld
 1009  may only be used for capital outlay purposes specified in s.
 1010  1013.62(2).
 1011         3. For high-performing charter schools, as defined in s.
 1012  1002.331 ch. 2011-232, a sponsor may withhold a total
 1013  administrative fee of up to 2 percent for enrollment up to and
 1014  including 250 students per school.
 1015         4. In addition, a sponsor may withhold only up to a 5
 1016  percent administrative fee for enrollment for up to and
 1017  including 500 students within a system of charter schools which
 1018  meets all of the following:
 1019         a. Includes both conversion charter schools and
 1020  nonconversion charter schools;
 1021         b. Has all schools located in the same county;
 1022         c. Has a total enrollment exceeding the total enrollment of
 1023  at least one school district in the state;
 1024         d. Has the same governing board; and
 1025         e. Does not contract with a for-profit service provider for
 1026  management of school operations.
 1027         5. The difference between the total administrative fee
 1028  calculation and the amount of the administrative fee withheld
 1029  pursuant to subparagraph 4. may be used for instructional and
 1030  administrative purposes as well as for capital outlay purposes
 1031  specified in s. 1013.62(2).
 1032         6. For a high-performing charter school system that also
 1033  meets the requirements in subparagraph 4., a sponsor may
 1034  withhold a 2-percent administrative fee for enrollments up to
 1035  and including 500 students per system.
 1036         7. Sponsors shall not charge charter schools any additional
 1037  fees or surcharges for administrative and educational services
 1038  in addition to the maximum 5-percent administrative fee withheld
 1039  pursuant to this paragraph.
 1040         8. The sponsor of a virtual charter school may withhold a
 1041  fee of up to 5 percent. The funds shall be used to cover the
 1042  cost of services provided under subparagraph 1. and
 1043  implementation of the school district’s digital classrooms plan
 1044  pursuant to s. 1011.62.
 1045         Section 6. Paragraph (a) of subsection (3) of section
 1046  1002.37, Florida Statutes, is amended to read:
 1047         1002.37 The Florida Virtual School.—
 1048         (3) Funding for the Florida Virtual School shall be
 1049  provided as follows:
 1050         (a)1. The calculation of “full-time equivalent student”
 1051  shall be as prescribed in s. 1011.61(1)(c)1.b.(V) and is subject
 1052  to s. 1011.61(4) For a student in grades 9 through 12, a “full
 1053  time equivalent student” is one student who has successfully
 1054  completed six full-credit courses that count toward the minimum
 1055  number of credits required for high school graduation. A student
 1056  who completes fewer than six full-credit courses is a fraction
 1057  of a full-time equivalent student. Half-credit course
 1058  completions shall be included in determining a full-time
 1059  equivalent student.
 1060         2.For a student in kindergarten through grade 8, a “full
 1061  time equivalent student” is one student who has successfully
 1062  completed six courses or the prescribed level of content that
 1063  counts toward promotion to the next grade. A student who
 1064  completes fewer than six courses or the prescribed level of
 1065  content shall be a fraction of a full-time equivalent student.
 1066         2.3. For a student in a home education program, funding
 1067  shall be provided in accordance with this subsection upon course
 1068  completion if the parent verifies, upon enrollment for each
 1069  course, that the student is registered with the school district
 1070  as a home education student pursuant to s. 1002.41(1)(a).
 1071  Beginning in the 2016-2017 fiscal year, the reported full-time
 1072  equivalent students and associated funding of students enrolled
 1073  in courses requiring passage of an end-of-course assessment
 1074  under s. 1003.4282 to earn a standard high school diploma shall
 1075  be adjusted if the student does not pass the end-of-course
 1076  assessment. However, no adjustment shall be made for home
 1077  education program students who choose not to take an end-of
 1078  course assessment or for a student who enrolls in a segmented
 1079  remedial course delivered online.
 1080  
 1081  For purposes of this paragraph, the calculation of “full-time
 1082  equivalent student” shall be as prescribed in s.
 1083  1011.61(1)(c)1.b.(V) and is subject to the requirements in s.
 1084  1011.61(4).
 1085         Section 7. Subsection (4) is added to section 1002.391,
 1086  Florida Statutes, to read:
 1087         1002.391 Auditory-oral education programs.—
 1088         (4) Beginning with the 2017-2018 school year, a school
 1089  district shall add four special consideration points to the
 1090  calculation of a matrix of services for a student who is deaf
 1091  and enrolled in an auditory-oral education program.
 1092         Section 8. Paragraphs (c) and (d) of subsection (1),
 1093  paragraph (e) of subsection (7), and paragraphs (c) and (d) of
 1094  subsection (8) of section 1002.45, Florida Statutes, are amended
 1095  to read:
 1096         1002.45 Virtual instruction programs.—
 1097         (1) PROGRAM.—
 1098         (c) To provide students with the option of participating in
 1099  virtual instruction programs as required by paragraph (b), a
 1100  school district may:
 1101         1. Contract with the Florida Virtual School or establish a
 1102  franchise of the Florida Virtual School for the provision of a
 1103  program under paragraph (b). Using this option is subject to the
 1104  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
 1105  (IV) and (4). A district may report full-time equivalent student
 1106  membership for credit earned by a student who is enrolled in a
 1107  virtual education course provided by the district which was
 1108  completed after the end of the regular school year if the FTE is
 1109  reported no later than the deadline for amending the final
 1110  student membership report for that year.
 1111         2. Contract with an approved provider under subsection (2)
 1112  for the provision of a full-time or part-time program under
 1113  paragraph (b).
 1114         3. Enter into an agreement with other school districts to
 1115  allow the participation of its students in an approved virtual
 1116  instruction program provided by the other school district. The
 1117  agreement must indicate a process for the transfer of funds
 1118  required by paragraph (7)(e) (7)(f).
 1119         4. Establish school district operated part-time or full
 1120  time kindergarten through grade 12 virtual instruction programs
 1121  under paragraph (b) for students enrolled in the school
 1122  district. A full-time program shall operate under its own Master
 1123  School Identification Number.
 1124         5. Enter into an agreement with a virtual charter school
 1125  authorized by the school district under s. 1002.33.
 1126  
 1127  Contracts under subparagraph 1. or subparagraph 2. may include
 1128  multidistrict contractual arrangements that may be executed by a
 1129  regional consortium for its member districts. A multidistrict
 1130  contractual arrangement or an agreement under subparagraph 3. is
 1131  not subject to s. 1001.42(4)(d) and does not require the
 1132  participating school districts to be contiguous. These
 1133  arrangements may be used to fulfill the requirements of
 1134  paragraph (b).
 1135         (d) A virtual charter school may provide full-time virtual
 1136  instruction for students in kindergarten through grade 12 if the
 1137  virtual charter school has a charter approved pursuant to s.
 1138  1002.33 authorizing full-time virtual instruction. A virtual
 1139  charter school may:
 1140         1. Contract with the Florida Virtual School.
 1141         2. Contract with an approved provider under subsection (2).
 1142         3. Enter into an agreement with a school district to allow
 1143  the participation of the virtual charter school’s students in
 1144  the school district’s virtual instruction program. The agreement
 1145  must indicate a process for reporting of student enrollment and
 1146  the transfer of funds required by paragraph (7)(e) (7)(f).
 1147         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
 1148  FUNDING.—
 1149         (e) Beginning in the 2016-2017 fiscal year, the reported
 1150  full-time equivalent students and associated funding of students
 1151  enrolled in courses requiring passage of an end-of-course
 1152  assessment under s. 1003.4282 to earn a standard high school
 1153  diploma shall be adjusted if the student does not pass the end
 1154  of-course assessment. However, no adjustment shall be made for a
 1155  student who enrolls in a segmented remedial course delivered
 1156  online.
 1157         (8) ASSESSMENT AND ACCOUNTABILITY.—
 1158         (c) An approved provider that receives a school grade of
 1159  “D” or “F” under s. 1008.34 or a school improvement rating of
 1160  “Unsatisfactory” “Declining” under s. 1008.341 must file a
 1161  school improvement plan with the department for consultation to
 1162  determine the causes for low performance and to develop a plan
 1163  for correction and improvement.
 1164         (d) An approved provider’s contract must be terminated if
 1165  the provider receives a school grade of “D” or “F” under s.
 1166  1008.34 or a school improvement rating of “Unsatisfactory”
 1167  “Declining” under s. 1008.341 for 2 years during any consecutive
 1168  4-year period or has violated any qualification requirement
 1169  pursuant to subsection (2). A provider that has a contract
 1170  terminated under this paragraph may not be an approved provider
 1171  for a period of at least 1 year after the date upon which the
 1172  contract was terminated and until the department determines that
 1173  the provider is in compliance with subsection (2) and has
 1174  corrected each cause of the provider’s low performance.
 1175         Section 9. Section 1003.3101, Florida Statutes, is created
 1176  to read:
 1177         1003.3101Additional educational choice options.—Each
 1178  school district board shall establish a transfer process for a
 1179  parent to request his or her child be transferred to another
 1180  classroom teacher. This section does not give a parent the right
 1181  to choose a specific classroom teacher. A school must approve or
 1182  deny the transfer within 2 weeks after receiving a request. If a
 1183  request for transfer is denied, the school must notify the
 1184  parent and specify the reasons for the denial. An explanation of
 1185  the transfer process must be made available in the student
 1186  handbook or a similar publication.
 1187         Section 10. Subsection (3) of section 1003.4295, Florida
 1188  Statutes, is amended to read:
 1189         1003.4295 Acceleration options.—
 1190         (3) The Credit Acceleration Program (CAP) is created for
 1191  the purpose of allowing a student to earn high school credit in
 1192  courses required for high school graduation through passage of
 1193  an end–of-course assessment Algebra I, Algebra II, geometry,
 1194  United States history, or biology if the student passes the
 1195  statewide, standardized assessment administered under s.
 1196  1008.22, an Advanced Placement Examination, or a College Level
 1197  Examination Program (CLEP). Notwithstanding s. 1003.436, a
 1198  school district shall award course credit to a student who is
 1199  not enrolled in the course, or who has not completed the course,
 1200  if the student attains a passing score on the corresponding end
 1201  of-course assessment, Advanced Placement Examination, or CLEP
 1202  statewide, standardized assessment. The school district shall
 1203  permit a public school or home education student who is not
 1204  enrolled in the course, or who has not completed the course, to
 1205  take the assessment or examination during the regular
 1206  administration of the assessment or examination.
 1207         Section 11. Effective June 29, 2016, section 1004.935,
 1208  Florida Statutes, is amended to read:
 1209         1004.935 Adults with Disabilities Workforce Education Pilot
 1210  Program.—
 1211         (1) The Adults with Disabilities Workforce Education Pilot
 1212  Program is established in the Department of Education through
 1213  June 30, 2016, in Hardee, DeSoto, Manatee, and Sarasota Counties
 1214  to provide the option of receiving a scholarship for instruction
 1215  at private schools for up to 30 students who:
 1216         (a) Have a disability;
 1217         (b) Are 22 years of age;
 1218         (c) Are receiving instruction from an instructor in a
 1219  private school to meet the high school graduation requirements
 1220  in s. 1002.3105(5) or s. 1003.4282;
 1221         (d) Do not have a standard high school diploma or a special
 1222  high school diploma; and
 1223         (e) Receive “supported employment services,” which means
 1224  employment that is located or provided in an integrated work
 1225  setting with earnings paid on a commensurate wage basis and for
 1226  which continued support is needed for job maintenance.
 1227  
 1228  As used in this section, the term “student with a disability”
 1229  includes a student who is documented as having an intellectual
 1230  disability; a speech impairment; a language impairment; a
 1231  hearing impairment, including deafness; a visual impairment,
 1232  including blindness; a dual sensory impairment; an orthopedic
 1233  impairment; another health impairment; an emotional or
 1234  behavioral disability; a specific learning disability,
 1235  including, but not limited to, dyslexia, dyscalculia, or
 1236  developmental aphasia; a traumatic brain injury; a developmental
 1237  delay; or autism spectrum disorder.
 1238         (2) A student participating in the pilot program may
 1239  continue to participate in the program until the student
 1240  graduates from high school or reaches the age of 40 years,
 1241  whichever occurs first.
 1242         (3) Supported employment services may be provided at more
 1243  than one site.
 1244         (4) The provider of supported employment services must be a
 1245  nonprofit corporation under s. 501(c)(3) of the Internal Revenue
 1246  Code which serves Hardee County, DeSoto County, Manatee County,
 1247  or Sarasota County and must contract with a private school in
 1248  this state which meets the requirements in subsection (5).
 1249         (5) A private school that participates in the pilot program
 1250  may be sectarian or nonsectarian and must:
 1251         (a) Be academically accountable for meeting the educational
 1252  needs of the student by annually providing to the provider of
 1253  supported employment services a written explanation of the
 1254  student’s progress.
 1255         (b) Comply with the antidiscrimination provisions of 42
 1256  U.S.C. s. 2000d.
 1257         (c) Meet state and local health and safety laws and codes.
 1258         (d) Provide to the provider of supported employment
 1259  services all documentation required for a student’s
 1260  participation, including the private school’s and student’s fee
 1261  schedules, at least 30 days before any quarterly scholarship
 1262  payment is made for the student. A student is not eligible to
 1263  receive a quarterly scholarship payment if the private school
 1264  fails to meet this deadline.
 1265  
 1266  The inability of a private school to meet the requirements of
 1267  this subsection constitutes a basis for the ineligibility of the
 1268  private school to participate in the pilot program.
 1269         (6)(a) If the student chooses to participate in the pilot
 1270  program and is accepted by the provider of supported employment
 1271  services, the student must notify the Department of Education of
 1272  his or her acceptance into the program 60 days before the first
 1273  scholarship payment and before participating in the pilot
 1274  program in order to be eligible for the scholarship.
 1275         (b) Upon receipt of a scholarship warrant, the student or
 1276  parent to whom the warrant is made must restrictively endorse
 1277  the warrant to the provider of supported employment services for
 1278  deposit into the account of the provider. The student or parent
 1279  may not designate any entity or individual associated with the
 1280  participating provider of supported employment services as the
 1281  student’s or parent’s attorney in fact to endorse a scholarship
 1282  warrant. A participant who fails to comply with this paragraph
 1283  forfeits the scholarship.
 1284         (7) Funds for the scholarship shall be provided from the
 1285  appropriation from the school district’s Workforce Development
 1286  Fund in the General Appropriations Act for students who reside
 1287  in the Hardee County School District, the DeSoto County School
 1288  District, the Manatee County School District, or the Sarasota
 1289  County School District. During the pilot program, The
 1290  scholarship amount granted for an eligible student with a
 1291  disability shall be equal to the cost per unit of a full-time
 1292  equivalent adult general education student, multiplied by the
 1293  adult general education funding factor, and multiplied by the
 1294  district cost differential pursuant to the formula required by
 1295  s. 1011.80(6)(a) for the district in which the student resides.
 1296         (8) Upon notification by the Department of Education that
 1297  it has received the required documentation, the Chief Financial
 1298  Officer shall make scholarship payments in four equal amounts no
 1299  later than September 1, November 1, February 1, and April 1 of
 1300  each academic year in which the scholarship is in force. The
 1301  initial payment shall be made after the Department of Education
 1302  verifies that the student was accepted into the pilot program,
 1303  and subsequent payments shall be made upon verification of
 1304  continued participation in the pilot program. Payment must be by
 1305  individual warrant made payable to the student or parent and
 1306  mailed by the Department of Education to the provider of
 1307  supported employment services, and the student or parent shall
 1308  restrictively endorse the warrant to the provider of supported
 1309  employment services for deposit into the account of that
 1310  provider.
 1311         (9) Subsequent to each scholarship payment, the Department
 1312  of Education shall request from the Department of Financial
 1313  Services a sample of endorsed warrants to review and confirm
 1314  compliance with endorsement requirements.
 1315         Section 12. Subsection (3) and paragraph (a) of subsection
 1316  (8) of section 1006.15, Florida Statutes, are amended, and
 1317  subsection (9) is added to that section, to read:
 1318         1006.15 Student standards for participation in
 1319  interscholastic and intrascholastic extracurricular student
 1320  activities; regulation.—
 1321         (3)(a) As used in this section and s. 1006.20, the term
 1322  “eligible to participate” includes, but is not limited to, a
 1323  student participating in tryouts, off-season conditioning,
 1324  summer workouts, preseason conditioning, in-season practice, or
 1325  contests. The term does not mean that a student must be placed
 1326  on any specific team for interscholastic or intrascholastic
 1327  extracurricular activities. To be eligible to participate in
 1328  interscholastic extracurricular student activities, a student
 1329  must:
 1330         1. Maintain a grade point average of 2.0 or above on a 4.0
 1331  scale, or its equivalent, in the previous semester or a
 1332  cumulative grade point average of 2.0 or above on a 4.0 scale,
 1333  or its equivalent, in the courses required by s. 1002.3105(5) or
 1334  s. 1003.4282.
 1335         2. Execute and fulfill the requirements of an academic
 1336  performance contract between the student, the district school
 1337  board, the appropriate governing association, and the student’s
 1338  parents, if the student’s cumulative grade point average falls
 1339  below 2.0, or its equivalent, on a 4.0 scale in the courses
 1340  required by s. 1002.3105(5) or s. 1003.4282. At a minimum, the
 1341  contract must require that the student attend summer school, or
 1342  its graded equivalent, between grades 9 and 10 or grades 10 and
 1343  11, as necessary.
 1344         3. Have a cumulative grade point average of 2.0 or above on
 1345  a 4.0 scale, or its equivalent, in the courses required by s.
 1346  1002.3105(5) or s. 1003.4282 during his or her junior or senior
 1347  year.
 1348         4. Maintain satisfactory conduct, including adherence to
 1349  appropriate dress and other codes of student conduct policies
 1350  described in s. 1006.07(2). If a student is convicted of, or is
 1351  found to have committed, a felony or a delinquent act that would
 1352  have been a felony if committed by an adult, regardless of
 1353  whether adjudication is withheld, the student’s participation in
 1354  interscholastic extracurricular activities is contingent upon
 1355  established and published district school board policy.
 1356         (b) Any student who is exempt from attending a full school
 1357  day based on rules adopted by the district school board for
 1358  double session schools or programs, experimental schools, or
 1359  schools operating under emergency conditions must maintain the
 1360  grade point average required by this section and pass each class
 1361  for which he or she is enrolled.
 1362         (c) An individual home education student is eligible to
 1363  participate at the public school to which the student would be
 1364  assigned according to district school board attendance area
 1365  policies or which the student could choose to attend pursuant to
 1366  district or interdistrict controlled open enrollment provisions,
 1367  or may develop an agreement to participate at a private school,
 1368  in the interscholastic extracurricular activities of that
 1369  school, provided the following conditions are met:
 1370         1. The home education student must meet the requirements of
 1371  the home education program pursuant to s. 1002.41.
 1372         2. During the period of participation at a school, the home
 1373  education student must demonstrate educational progress as
 1374  required in paragraph (b) in all subjects taken in the home
 1375  education program by a method of evaluation agreed upon by the
 1376  parent and the school principal which may include: review of the
 1377  student’s work by a certified teacher chosen by the parent;
 1378  grades earned through correspondence; grades earned in courses
 1379  taken at a Florida College System institution, university, or
 1380  trade school; standardized test scores above the 35th
 1381  percentile; or any other method designated in s. 1002.41.
 1382         3. The home education student must meet the same residency
 1383  requirements as other students in the school at which he or she
 1384  participates.
 1385         4. The home education student must meet the same standards
 1386  of acceptance, behavior, and performance as required of other
 1387  students in extracurricular activities.
 1388         5. The student must register with the school his or her
 1389  intent to participate in interscholastic extracurricular
 1390  activities as a representative of the school before the
 1391  beginning date of the season for the activity in which he or she
 1392  wishes to participate. A home education student must be able to
 1393  participate in curricular activities if that is a requirement
 1394  for an extracurricular activity.
 1395         6. A student who transfers from a home education program to
 1396  a public school before or during the first grading period of the
 1397  school year is academically eligible to participate in
 1398  interscholastic extracurricular activities during the first
 1399  grading period provided the student has a successful evaluation
 1400  from the previous school year, pursuant to subparagraph 2.
 1401         7. Any public school or private school student who has been
 1402  unable to maintain academic eligibility for participation in
 1403  interscholastic extracurricular activities is ineligible to
 1404  participate in such activities as a home education student until
 1405  the student has successfully completed one grading period in
 1406  home education pursuant to subparagraph 2. to become eligible to
 1407  participate as a home education student.
 1408         (d) An individual charter school student pursuant to s.
 1409  1002.33 is eligible to participate at the public school to which
 1410  the student would be assigned according to district school board
 1411  attendance area policies or which the student could choose to
 1412  attend, pursuant to district or interdistrict controlled open
 1413  enrollment provisions, in any interscholastic extracurricular
 1414  activity of that school, unless such activity is provided by the
 1415  student’s charter school, if the following conditions are met:
 1416         1. The charter school student must meet the requirements of
 1417  the charter school education program as determined by the
 1418  charter school governing board.
 1419         2. During the period of participation at a school, the
 1420  charter school student must demonstrate educational progress as
 1421  required in paragraph (b).
 1422         3. The charter school student must meet the same residency
 1423  requirements as other students in the school at which he or she
 1424  participates.
 1425         4. The charter school student must meet the same standards
 1426  of acceptance, behavior, and performance that are required of
 1427  other students in extracurricular activities.
 1428         5. The charter school student must register with the school
 1429  his or her intent to participate in interscholastic
 1430  extracurricular activities as a representative of the school
 1431  before the beginning date of the season for the activity in
 1432  which he or she wishes to participate. A charter school student
 1433  must be able to participate in curricular activities if that is
 1434  a requirement for an extracurricular activity.
 1435         6. A student who transfers from a charter school program to
 1436  a traditional public school before or during the first grading
 1437  period of the school year is academically eligible to
 1438  participate in interscholastic extracurricular activities during
 1439  the first grading period if the student has a successful
 1440  evaluation from the previous school year, pursuant to
 1441  subparagraph 2.
 1442         7. Any public school or private school student who has been
 1443  unable to maintain academic eligibility for participation in
 1444  interscholastic extracurricular activities is ineligible to
 1445  participate in such activities as a charter school student until
 1446  the student has successfully completed one grading period in a
 1447  charter school pursuant to subparagraph 2. to become eligible to
 1448  participate as a charter school student.
 1449         (e) A student of the Florida Virtual School full-time
 1450  program may participate in any interscholastic extracurricular
 1451  activity at the public school to which the student would be
 1452  assigned according to district school board attendance area
 1453  policies or which the student could choose to attend, pursuant
 1454  to district or interdistrict controlled open enrollment
 1455  policies, if the student:
 1456         1. During the period of participation in the
 1457  interscholastic extracurricular activity, meets the requirements
 1458  in paragraph (a).
 1459         2. Meets any additional requirements as determined by the
 1460  board of trustees of the Florida Virtual School.
 1461         3. Meets the same residency requirements as other students
 1462  in the school at which he or she participates.
 1463         4. Meets the same standards of acceptance, behavior, and
 1464  performance that are required of other students in
 1465  extracurricular activities.
 1466         5. Registers his or her intent to participate in
 1467  interscholastic extracurricular activities with the school
 1468  before the beginning date of the season for the activity in
 1469  which he or she wishes to participate. A Florida Virtual School
 1470  student must be able to participate in curricular activities if
 1471  that is a requirement for an extracurricular activity.
 1472         (f) A student who transfers from the Florida Virtual School
 1473  full-time program to a traditional public school before or
 1474  during the first grading period of the school year is
 1475  academically eligible to participate in interscholastic
 1476  extracurricular activities during the first grading period if
 1477  the student has a successful evaluation from the previous school
 1478  year pursuant to paragraph (a).
 1479         (g) A public school or private school student who has been
 1480  unable to maintain academic eligibility for participation in
 1481  interscholastic extracurricular activities is ineligible to
 1482  participate in such activities as a Florida Virtual School
 1483  student until the student successfully completes one grading
 1484  period in the Florida Virtual School pursuant to paragraph (a).
 1485         (h)1. A school district or charter school may not delay
 1486  eligibility or otherwise prevent a student participating in
 1487  controlled open enrollment, or a choice program, from being
 1488  immediately eligible to participate in interscholastic and
 1489  intrascholastic extracurricular activities.
 1490         2. A student may not participate in a sport if the student
 1491  participated in that same sport at another school during that
 1492  school year, unless the student meets one of the following
 1493  criteria:
 1494         a. Dependent children of active duty military personnel
 1495  whose move resulted from military orders.
 1496         b. Children who have been relocated due to a foster care
 1497  placement in a different school zone.
 1498         c. Children who move due to a court ordered change in
 1499  custody due to separation or divorce, or the serious illness or
 1500  death of a custodial parent.
 1501         d. Authorized for good cause in district or charter school
 1502  policy.
 1503         (8)(a) The Florida High School Athletic Association
 1504  (FHSAA), in cooperation with each district school board, shall
 1505  facilitate a program in which a middle school or high school
 1506  student who attends a private school shall be eligible to
 1507  participate in an interscholastic or intrascholastic sport at a
 1508  public high school, a public middle school, or a 6-12 public
 1509  school that is zoned for the physical address at which the
 1510  student resides if:
 1511         1. The private school in which the student is enrolled is
 1512  not a member of the FHSAA and does not offer an interscholastic
 1513  or intrascholastic athletic program.
 1514         2. The private school student meets the guidelines for the
 1515  conduct of the program established by the FHSAA’s board of
 1516  directors and the district school board. At a minimum, such
 1517  guidelines shall provide:
 1518         a. A deadline for each sport by which the private school
 1519  student’s parents must register with the public school in
 1520  writing their intent for their child to participate at that
 1521  school in the sport.
 1522         b. Requirements for a private school student to
 1523  participate, including, but not limited to, meeting the same
 1524  standards of eligibility, acceptance, behavior, educational
 1525  progress, and performance which apply to other students
 1526  participating in interscholastic or intrascholastic sports at a
 1527  public school or FHSAA member private school.
 1528         (9)(a) A student who transfers to a school during the
 1529  school year may seek to immediately join an existing team if the
 1530  roster for the specific interscholastic or intrascholastic
 1531  extracurricular activity has not reached the activity’s
 1532  identified maximum size and if the coach for the activity
 1533  determines that the student has the requisite skill and ability
 1534  to participate. The FHSAA and school district or charter school
 1535  may not declare such a student ineligible because the student
 1536  did not have the opportunity to comply with qualifying
 1537  requirements.
 1538         (b) A student may not participate in a sport if the student
 1539  participated in that same sport at another school during that
 1540  school year, unless the student meets one of the following
 1541  criteria:
 1542         1. Dependent children of active duty military personnel
 1543  whose move resulted from military orders.
 1544         2. Children who have been relocated due to a foster care
 1545  placement in a different school zone.
 1546         3. Children who move due to a court ordered change in
 1547  custody due to separation or divorce, or the serious illness or
 1548  death of a custodial parent.
 1549         4. Authorized for good cause in district or charter school
 1550  policy.
 1551         Section 13. Section 1006.195, Florida Statutes, is created
 1552  to read:
 1553         1006.195 District school board, charter school authority
 1554  and responsibility to establish student eligibility regarding
 1555  participation in interscholastic and intrascholastic
 1556  extracurricular activities.—Notwithstanding any provision to the
 1557  contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student
 1558  eligibility to participate in interscholastic and
 1559  intrascholastic extracurricular activities:
 1560         (1)(a) A district school board must establish, through its
 1561  code of student conduct, student eligibility standards and
 1562  related student disciplinary actions regarding student
 1563  participation in interscholastic and intrascholastic
 1564  extracurricular activities. The code of student conduct must
 1565  provide that:
 1566         1. A student not currently suspended from interscholastic
 1567  or intrascholastic extracurricular activities, or suspended or
 1568  expelled from school, pursuant to a district school board’s
 1569  suspension or expulsion powers provided in law, including ss.
 1570  1006.07, 1006.08, and 1006.09, is eligible to participate in
 1571  interscholastic and intrascholastic extracurricular activities.
 1572         2. A student may not participate in a sport if the student
 1573  participated in that same sport at another school during that
 1574  school year, unless the student meets the criteria in s.
 1575  1006.15(3)(h).
 1576         3. A student’s eligibility to participate in any
 1577  interscholastic or intrascholastic extracurricular activity may
 1578  not be affected by any alleged recruiting violation until final
 1579  disposition of the allegation pursuant to s. 1006.20(2)(b).
 1580         (b) Students who participate in interscholastic and
 1581  intrascholastic extracurricular activities for, but are not
 1582  enrolled in, a public school pursuant to s. 1006.15(3)(c)-(e)
 1583  and (8), are subject to the district school board’s code of
 1584  student conduct for the limited purpose of establishing and
 1585  maintaining the student’s eligibility to participate at the
 1586  school.
 1587         (c) The provisions of this subsection apply to
 1588  interscholastic and intrascholastic extracurricular activities
 1589  conducted by charter schools and private schools, as applicable,
 1590  except that the charter school governing board, or equivalent
 1591  private school authority, is responsible for the authority and
 1592  responsibility otherwise provided to district school boards.
 1593         (2)(a) The Florida High School Athletic Association (FHSAA)
 1594  continues to retain jurisdiction over the following provisions
 1595  in s. 1006.20, which may not be implemented in a manner contrary
 1596  to this section: membership in the FHSAA; recruiting
 1597  prohibitions and violations; student medical evaluations;
 1598  investigations; and sanctions for coaches; school eligibility
 1599  and forfeiture of contests; student concussions or head
 1600  injuries; the sports medical advisory committee; and the general
 1601  operational provisions of the FHSAA.
 1602         (b) The FHSAA must adopt, and prominently publish, the text
 1603  of this section on its website and in its bylaws, rules,
 1604  procedures, training and education materials, and all other
 1605  governing authority documents by August 1, 2016.
 1606         Section 14. Subsection (1) and paragraphs (a), (b), (c),
 1607  and (g) of subsection (2) of section 1006.20, Florida Statutes,
 1608  are amended to read:
 1609         1006.20 Athletics in public K-12 schools.—
 1610         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
 1611  School Athletic Association (FHSAA) is designated as the
 1612  governing nonprofit organization of athletics in Florida public
 1613  schools. If the FHSAA fails to meet the provisions of this
 1614  section, the commissioner shall designate a nonprofit
 1615  organization to govern athletics with the approval of the State
 1616  Board of Education. The FHSAA is not a state agency as defined
 1617  in s. 120.52. The FHSAA shall be subject to the provisions of s.
 1618  1006.19. A private school that wishes to engage in high school
 1619  athletic competition with a public high school may become a
 1620  member of the FHSAA. Any high school in the state, including
 1621  charter schools, virtual schools, and home education
 1622  cooperatives, may become a member of the FHSAA and participate
 1623  in the activities of the FHSAA. However, membership in the FHSAA
 1624  is not mandatory for any school. The FHSAA must allow a private
 1625  school the option of maintaining full membership in the
 1626  association or joining by sport and may not discourage a private
 1627  school from simultaneously maintaining membership in another
 1628  athletic association. The FHSAA may allow a public school the
 1629  option to apply for consideration to join another athletic
 1630  association. The FHSAA may not deny or discourage
 1631  interscholastic competition between its member schools and non
 1632  FHSAA member Florida schools, including members of another
 1633  athletic governing organization, and may not take any
 1634  retributory or discriminatory action against any of its member
 1635  schools that participate in interscholastic competition with
 1636  non-FHSAA member Florida schools. The FHSAA may not unreasonably
 1637  withhold its approval of an application to become an affiliate
 1638  member of the National Federation of State High School
 1639  Associations submitted by any other organization that governs
 1640  interscholastic athletic competition in this state. The bylaws
 1641  of the FHSAA are the rules by which high school athletic
 1642  programs in its member schools, and the students who participate
 1643  in them, are governed, unless otherwise specifically provided by
 1644  statute. For the purposes of this section, “high school”
 1645  includes grades 6 through 12.
 1646         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
 1647         (a) The FHSAA shall adopt bylaws that, unless specifically
 1648  provided by statute, establish eligibility requirements for all
 1649  students who participate in high school athletic competition in
 1650  its member schools. The bylaws governing residence and transfer
 1651  shall allow the student to be immediately eligible in the school
 1652  in which he or she first enrolls each school year or the school
 1653  in which the student makes himself or herself a candidate for an
 1654  athletic team by engaging in a practice prior to enrolling in
 1655  the school. The bylaws shall also allow the student to be
 1656  immediately eligible in the school to which the student has
 1657  transferred during the school year if the transfer is made by a
 1658  deadline established by the FHSAA, which may not be prior to the
 1659  date authorized for the beginning of practice for the sport.
 1660  These transfers shall be allowed pursuant to the district school
 1661  board policies in the case of transfer to a public school or
 1662  pursuant to the private school policies in the case of transfer
 1663  to a private school. The student shall be eligible in that
 1664  school so long as he or she remains enrolled in that school.
 1665  Subsequent eligibility shall be determined and enforced through
 1666  the FHSAA’s bylaws. Requirements governing eligibility and
 1667  transfer between member schools shall be applied similarly to
 1668  public school students and private school students.
 1669         (b) The FHSAA shall adopt bylaws that specifically prohibit
 1670  the recruiting of students for athletic purposes. The bylaws
 1671  shall prescribe penalties and an appeals process for athletic
 1672  recruiting violations.
 1673         1. If it is determined that a school has recruited a
 1674  student in violation of FHSAA bylaws, the FHSAA may require the
 1675  school to participate in a higher classification for the sport
 1676  in which the recruited student competes for a minimum of one
 1677  classification cycle, in addition to the penalties in
 1678  subparagraphs 2. and 3., and any other appropriate fine or and
 1679  sanction imposed on the school, its coaches, or adult
 1680  representatives who violate recruiting rules.
 1681         2. Any recruitment by a school district employee or
 1682  contractor in violation of FHSAA bylaws results in escalating
 1683  punishments as follows:
 1684         a. For a first offense, a $5,000 forfeiture of pay for the
 1685  school district employee or contractor who committed the
 1686  violation.
 1687         b. For a second offense, suspension without pay for 12
 1688  months from coaching, directing, or advertising an
 1689  extracurricular activity and a $5,000 forfeiture of pay for the
 1690  school district employee or contractor who committed the
 1691  violation.
 1692         c. For a third offense, a $5,000 forfeiture of pay for the
 1693  school district employee or contractor who committed the
 1694  violation. If the individual who committed the violation holds
 1695  an educator certificate, the FHSAA shall also refer the
 1696  violation to the department for review pursuant to s. 1012.796
 1697  to determine whether probable cause exists, and, if there is a
 1698  finding of probable cause, the commissioner shall file a formal
 1699  complaint against the individual. If the complaint is upheld,
 1700  the individual’s educator certificate shall be revoked for 3
 1701  years, in addition to any penalties available under s. 1012.796.
 1702  Additionally, the department shall revoke any adjunct teaching
 1703  certificates issued pursuant to s. 1012.57 and all permissions
 1704  under ss. 1012.39 and 1012.43, and the educator is ineligible
 1705  for such certificates or permissions for a period of time equal
 1706  to the period of revocation of his or her state-issued
 1707  certificate.
 1708         3. Notwithstanding any other provision of law, a school,
 1709  team, or activity shall forfeit all competitions, including
 1710  honors resulting from such competitions, in which a student who
 1711  participated in any fashion was recruited in a manner prohibited
 1712  pursuant to state law or the FHSAA bylaws.
 1713         4. A student may not be declared ineligible based on
 1714  violation of recruiting rules unless the student or parent has
 1715  falsified any enrollment or eligibility document or accepted any
 1716  benefit or any promise of benefit if such benefit is not
 1717  generally available to the school’s students or family members
 1718  or is based in any way on athletic interest, potential, or
 1719  performance.
 1720         5. A student’s eligibility to participate in any
 1721  interscholastic or intrascholastic extracurricular activity, as
 1722  determined by a district school board pursuant to s.
 1723  1006.195(1)(a)3., may not be affected by any alleged recruiting
 1724  violation until final disposition of the allegation.
 1725         (c) The FHSAA shall adopt bylaws that require all students
 1726  participating in interscholastic athletic competition or who are
 1727  candidates for an interscholastic athletic team to
 1728  satisfactorily pass a medical evaluation each year prior to
 1729  participating in interscholastic athletic competition or
 1730  engaging in any practice, tryout, workout, or other physical
 1731  activity associated with the student’s candidacy for an
 1732  interscholastic athletic team. Such medical evaluation may be
 1733  administered only by a practitioner licensed under chapter 458,
 1734  chapter 459, chapter 460, or s. 464.012, and in good standing
 1735  with the practitioner’s regulatory board. The bylaws shall
 1736  establish requirements for eliciting a student’s medical history
 1737  and performing the medical evaluation required under this
 1738  paragraph, which shall include a physical assessment of the
 1739  student’s physical capabilities to participate in
 1740  interscholastic athletic competition as contained in a uniform
 1741  preparticipation physical evaluation and history form. The
 1742  evaluation form shall incorporate the recommendations of the
 1743  American Heart Association for participation cardiovascular
 1744  screening and shall provide a place for the signature of the
 1745  practitioner performing the evaluation with an attestation that
 1746  each examination procedure listed on the form was performed by
 1747  the practitioner or by someone under the direct supervision of
 1748  the practitioner. The form shall also contain a place for the
 1749  practitioner to indicate if a referral to another practitioner
 1750  was made in lieu of completion of a certain examination
 1751  procedure. The form shall provide a place for the practitioner
 1752  to whom the student was referred to complete the remaining
 1753  sections and attest to that portion of the examination. The
 1754  preparticipation physical evaluation form shall advise students
 1755  to complete a cardiovascular assessment and shall include
 1756  information concerning alternative cardiovascular evaluation and
 1757  diagnostic tests. Results of such medical evaluation must be
 1758  provided to the school. A student is not No student shall be
 1759  eligible to participate, as provided in s. 1006.15(3), in any
 1760  interscholastic athletic competition or engage in any practice,
 1761  tryout, workout, or other physical activity associated with the
 1762  student’s candidacy for an interscholastic athletic team until
 1763  the results of the medical evaluation have been received and
 1764  approved by the school.
 1765         (g) The FHSAA shall adopt bylaws establishing the process
 1766  and standards by which FHSAA determinations of eligibility are
 1767  made. Such bylaws shall provide that:
 1768         1. Ineligibility must be established by a preponderance of
 1769  the clear and convincing evidence;
 1770         2. Student athletes, parents, and schools must have notice
 1771  of the initiation of any investigation or other inquiry into
 1772  eligibility and may present, to the investigator and to the
 1773  individual making the eligibility determination, any information
 1774  or evidence that is credible, persuasive, and of a kind
 1775  reasonably prudent persons rely upon in the conduct of serious
 1776  affairs;
 1777         3. An investigator may not determine matters of eligibility
 1778  but must submit information and evidence to the executive
 1779  director or a person designated by the executive director or by
 1780  the board of directors for an unbiased and objective
 1781  determination of eligibility; and
 1782         4. A determination of ineligibility must be made in
 1783  writing, setting forth the findings of fact and specific
 1784  violation upon which the decision is based.
 1785         Section 15. Section 1009.893, Florida Statutes, is amended
 1786  to read:
 1787         1009.893 Benacquisto Scholarship Florida National Merit
 1788  Scholar Incentive Program.—
 1789         (1) As used in this section, the term:
 1790         (a) “Department” means the Department of Education.
 1791         (b) “Scholarship Incentive program” means the Benacquisto
 1792  Scholarship Florida National Merit Scholar Incentive Program.
 1793         (2) The Benacquisto Scholarship Florida National Merit
 1794  Scholar Incentive Program is created to reward any Florida high
 1795  school graduate who receives recognition as a National Merit
 1796  Scholar or National Achievement Scholar and who initially
 1797  enrolls in the 2014-2015 academic year or, later, in a
 1798  baccalaureate degree program at an eligible Florida public or
 1799  independent postsecondary educational institution.
 1800         (3) The department shall administer the scholarship
 1801  incentive program according to rules and procedures established
 1802  by the State Board of Education. The department shall advertise
 1803  the availability of the scholarship incentive program and notify
 1804  students, teachers, parents, certified school counselors, and
 1805  principals or other relevant school administrators of the
 1806  criteria.
 1807         (4) In order to be eligible for an award under the
 1808  scholarship incentive program, a student must:
 1809         (a) Be a state resident as determined in s. 1009.40 and
 1810  rules of the State Board of Education;
 1811         (b) Earn a standard Florida high school diploma or its
 1812  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
 1813  or s. 1003.435 unless:
 1814         1. The student completes a home education program according
 1815  to s. 1002.41; or
 1816         2. The student earns a high school diploma from a non
 1817  Florida school while living with a parent who is on military or
 1818  public service assignment out of this state;
 1819         (c) Be accepted by and enroll in a Florida public or
 1820  independent postsecondary educational institution that is
 1821  regionally accredited; and
 1822         (d) Be enrolled full-time in a baccalaureate degree program
 1823  at an eligible regionally accredited Florida public or
 1824  independent postsecondary educational institution during the
 1825  fall academic term following high school graduation.
 1826         (5)(a) An eligible student who is a National Merit Scholar
 1827  or National Achievement Scholar and who attends a Florida public
 1828  postsecondary educational institution shall receive a
 1829  scholarship an incentive award equal to the institutional cost
 1830  of attendance minus the sum of the student’s Florida Bright
 1831  Futures Scholarship and National Merit Scholarship or National
 1832  Achievement Scholarship.
 1833         (b) An eligible student who is a National Merit Scholar or
 1834  National Achievement Scholar and who attends a Florida
 1835  independent postsecondary educational institution shall receive
 1836  a scholarship an incentive award equal to the highest cost of
 1837  attendance at a Florida public university, as reported by the
 1838  Board of Governors of the State University System, minus the sum
 1839  of the student’s Florida Bright Futures Scholarship and National
 1840  Merit Scholarship or National Achievement Scholarship.
 1841         (6)(a) To be eligible for a renewal award, a student must
 1842  earn all credits for which he or she was enrolled and maintain a
 1843  3.0 or higher grade point average.
 1844         (b) A student may receive the scholarship incentive award
 1845  for a maximum of 100 percent of the number of credit hours
 1846  required to complete a baccalaureate degree program, or until
 1847  completion of a baccalaureate degree program, whichever comes
 1848  first.
 1849         (7) The department shall annually issue awards from the
 1850  scholarship incentive program. Before the registration period
 1851  each semester, the department shall transmit payment for each
 1852  award to the president or director of the postsecondary
 1853  educational institution, or his or her representative, except
 1854  that the department may withhold payment if the receiving
 1855  institution fails to report or to make refunds to the department
 1856  as required in this section.
 1857         (a) Each institution shall certify to the department the
 1858  eligibility status of each student to receive a disbursement
 1859  within 30 days before the end of its regular registration
 1860  period, inclusive of a drop and add period. An institution is
 1861  not required to reevaluate the student eligibility after the end
 1862  of the drop and add period.
 1863         (b) An institution that receives funds from the scholarship
 1864  incentive program must certify to the department the amount of
 1865  funds disbursed to each student and remit to the department any
 1866  undisbursed advances within 60 days after the end of regular
 1867  registration.
 1868         (c) If funds appropriated are not adequate to provide the
 1869  maximum allowable award to each eligible student, awards must be
 1870  prorated using the same percentage reduction.
 1871         (8) Funds from any award within the scholarship incentive
 1872  program may not be used to pay for remedial coursework or
 1873  developmental education.
 1874         (9) A student may use an award for a summer term if funds
 1875  are available and appropriated by the Legislature.
 1876         (10) The department shall allocate funds to the appropriate
 1877  institutions and collect and maintain data regarding the
 1878  scholarship incentive program within the student financial
 1879  assistance database as specified in s. 1009.94.
 1880         (11) Section 1009.40(4) does not apply to awards issued
 1881  under this section.
 1882         (12) A student who receives an award under the scholarship
 1883  program shall be known as a Benacquisto Scholar.
 1884         (13) All eligible Florida public or independent
 1885  postsecondary educational institutions are encouraged to become,
 1886  and all eligible state universities shall become, college
 1887  sponsors of the National Merit Scholarship Program.
 1888         (14)(12) The State Board of Education shall adopt rules
 1889  necessary to administer this section.
 1890         Section 16. Subsection (1) of section 1011.61, Florida
 1891  Statutes, is amended to read:
 1892         1011.61 Definitions.—Notwithstanding the provisions of s.
 1893  1000.21, the following terms are defined as follows for the
 1894  purposes of the Florida Education Finance Program:
 1895         (1) A “full-time equivalent student” in each program of the
 1896  district is defined in terms of full-time students and part-time
 1897  students as follows:
 1898         (a) A “full-time student” is one student on the membership
 1899  roll of one school program or a combination of school programs
 1900  listed in s. 1011.62(1)(c) for the school year or the equivalent
 1901  for:
 1902         1. Instruction in a standard school, comprising not less
 1903  than 900 net hours for a student in or at the grade level of 4
 1904  through 12, or not less than 720 net hours for a student in or
 1905  at the grade level of kindergarten through grade 3 or in an
 1906  authorized prekindergarten exceptional program; or
 1907         2.Instruction in a double-session school or a school
 1908  utilizing an experimental school calendar approved by the
 1909  Department of Education, comprising not less than the equivalent
 1910  of 810 net hours in grades 4 through 12 or not less than 630 net
 1911  hours in kindergarten through grade 3; or
 1912         2.3. Instruction comprising the appropriate number of net
 1913  hours set forth in subparagraph 1. or subparagraph 2. for
 1914  students who, within the past year, have moved with their
 1915  parents for the purpose of engaging in the farm labor or fish
 1916  industries, if a plan furnishing such an extended school day or
 1917  week, or a combination thereof, has been approved by the
 1918  commissioner. Such plan may be approved to accommodate the needs
 1919  of migrant students only or may serve all students in schools
 1920  having a high percentage of migrant students. The plan described
 1921  in this subparagraph is optional for any school district and is
 1922  not mandated by the state.
 1923         (b) A “part-time student” is a student on the active
 1924  membership roll of a school program or combination of school
 1925  programs listed in s. 1011.62(1)(c) who is less than a full-time
 1926  student. A student who receives instruction in a school that
 1927  operates for less than the minimum term shall generate full-time
 1928  equivalent student membership proportional to the amount of
 1929  instructional hours provided by the school divided by the
 1930  minimum term requirement as provided in s. 1011.60(2).
 1931         (c)1. A “full-time equivalent student” is:
 1932         a. A full-time student in any one of the programs listed in
 1933  s. 1011.62(1)(c); or
 1934         b. A combination of full-time or part-time students in any
 1935  one of the programs listed in s. 1011.62(1)(c) which is the
 1936  equivalent of one full-time student based on the following
 1937  calculations:
 1938         (I) A full-time student in a combination of programs listed
 1939  in s. 1011.62(1)(c) shall be a fraction of a full-time
 1940  equivalent membership in each special program equal to the
 1941  number of net hours per school year for which he or she is a
 1942  member, divided by the appropriate number of hours set forth in
 1943  subparagraph (a)1. or subparagraph (a)2. The difference between
 1944  that fraction or sum of fractions and the maximum value as set
 1945  forth in subsection (4) for each full-time student is presumed
 1946  to be the balance of the student’s time not spent in a special
 1947  program and shall be recorded as time in the appropriate basic
 1948  program.
 1949         (II) A prekindergarten student with a disability shall meet
 1950  the requirements specified for kindergarten students.
 1951         (III) A full-time equivalent student for students in
 1952  kindergarten through grade 12 in a full-time virtual instruction
 1953  program under s. 1002.45 or a virtual charter school under s.
 1954  1002.33 shall consist of six full-credit completions or the
 1955  prescribed level of content that counts toward promotion to the
 1956  next grade in programs listed in s. 1011.62(1)(c). Credit
 1957  completions may be a combination of full-credit courses or half
 1958  credit courses. Beginning in the 2016-2017 fiscal year, the
 1959  reported full-time equivalent students and associated funding of
 1960  students enrolled in courses requiring passage of an end-of
 1961  course assessment under s. 1003.4282 to earn a standard high
 1962  school diploma shall be adjusted if the student does not pass
 1963  the end-of-course assessment. However, no adjustment shall be
 1964  made for a student who enrolls in a segmented remedial course
 1965  delivered online.
 1966         (IV) A full-time equivalent student for students in
 1967  kindergarten through grade 12 in a part-time virtual instruction
 1968  program under s. 1002.45 shall consist of six full-credit
 1969  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 1970  Credit completions may be a combination of full-credit courses
 1971  or half-credit courses. Beginning in the 2016-2017 fiscal year,
 1972  the reported full-time equivalent students and associated
 1973  funding of students enrolled in courses requiring passage of an
 1974  end-of-course assessment under s. 1003.4282 to earn a standard
 1975  high school diploma shall be adjusted if the student does not
 1976  pass the end-of-course assessment. However, no adjustment shall
 1977  be made for a student who enrolls in a segmented remedial course
 1978  delivered online.
 1979         (V) A Florida Virtual School full-time equivalent student
 1980  shall consist of six full-credit completions or the prescribed
 1981  level of content that counts toward promotion to the next grade
 1982  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 1983  participating in kindergarten through grade 12 part-time virtual
 1984  instruction and the programs listed in s. 1011.62(1)(c) for
 1985  students participating in kindergarten through grade 12 full
 1986  time virtual instruction. Credit completions may be a
 1987  combination of full-credit courses or half-credit courses.
 1988  Beginning in the 2016-2017 fiscal year, the reported full-time
 1989  equivalent students and associated funding of students enrolled
 1990  in courses requiring passage of an end-of-course assessment
 1991  under s. 1003.4282 to earn a standard high school diploma shall
 1992  be adjusted if the student does not pass the end-of-course
 1993  assessment. However, no adjustment shall be made for a student
 1994  who enrolls in a segmented remedial course delivered online.
 1995         (VI) Each successfully completed full-credit course earned
 1996  through an online course delivered by a district other than the
 1997  one in which the student resides shall be calculated as 1/6 FTE.
 1998         (VII) A full-time equivalent student for courses requiring
 1999  passage of a statewide, standardized end-of-course assessment
 2000  under s. 1003.4282 to earn a standard high school diploma shall
 2001  be defined and reported based on the number of instructional
 2002  hours as provided in this subsection until the 2016-2017 fiscal
 2003  year. Beginning in the 2016-2017 fiscal year, the FTE for the
 2004  course shall be assessment-based and shall be equal to 1/6 FTE.
 2005  The reported FTE shall be adjusted if the student does not pass
 2006  the end-of-course assessment. However, no adjustment shall be
 2007  made for a student who enrolls in a segmented remedial course
 2008  delivered online.
 2009         (VIII) For students enrolled in a school district as a
 2010  full-time student, the district may report 1/6 FTE for each
 2011  student who passes a statewide, standardized end-of-course
 2012  assessment without being enrolled in the corresponding course.
 2013         2. A student in membership in a program scheduled for more
 2014  or less than 180 school days or the equivalent on an hourly
 2015  basis as specified by rules of the State Board of Education is a
 2016  fraction of a full-time equivalent membership equal to the
 2017  number of instructional hours in membership divided by the
 2018  appropriate number of hours set forth in subparagraph (a)1.;
 2019  however, for the purposes of this subparagraph, membership in
 2020  programs scheduled for more than 180 days is limited to students
 2021  enrolled in:
 2022         a. Juvenile justice education programs.
 2023         b. The Florida Virtual School.
 2024         c. Virtual instruction programs and virtual charter schools
 2025  for the purpose of course completion and credit recovery
 2026  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 2027  only to a student who is reported during the second or third
 2028  membership surveys and who does not complete a virtual education
 2029  course by the end of the regular school year. The course must be
 2030  completed no later than the deadline for amending the final
 2031  student enrollment survey for that year. Credit recovery applies
 2032  only to a student who has unsuccessfully completed a traditional
 2033  or virtual education course during the regular school year and
 2034  must re-take the course in order to be eligible to graduate with
 2035  the student’s class.
 2036  
 2037  The full-time equivalent student enrollment calculated under
 2038  this subsection is subject to the requirements in subsection
 2039  (4).
 2040  
 2041  The department shall determine and implement an equitable method
 2042  of equivalent funding for experimental schools and for schools
 2043  operating under emergency conditions, which schools have been
 2044  approved by the department to operate for less than the minimum
 2045  term as provided in s. 1011.60(2) school day.
 2046         Section 17. Effective July 1, 2016, and upon the expiration
 2047  of the amendment to section 1011.62, Florida Statutes, made by
 2048  chapter 2015-222, Laws of Florida, paragraphs (e) and (o) of
 2049  subsection (1), paragraph (a) of subsection (4), and present
 2050  subsection (13) of that section are amended, present subsections
 2051  (13), (14), and (15) of that section are redesignated as
 2052  subsections (14), (15), and (16), respectively, and a new
 2053  subsection (13) is added to that section, to read:
 2054         1011.62 Funds for operation of schools.—If the annual
 2055  allocation from the Florida Education Finance Program to each
 2056  district for operation of schools is not determined in the
 2057  annual appropriations act or the substantive bill implementing
 2058  the annual appropriations act, it shall be determined as
 2059  follows:
 2060         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 2061  OPERATION.—The following procedure shall be followed in
 2062  determining the annual allocation to each district for
 2063  operation:
 2064         (e) Funding model for exceptional student education
 2065  programs.—
 2066         1.a. The funding model uses basic, at-risk, support levels
 2067  IV and V for exceptional students and career Florida Education
 2068  Finance Program cost factors, and a guaranteed allocation for
 2069  exceptional student education programs. Exceptional education
 2070  cost factors are determined by using a matrix of services to
 2071  document the services that each exceptional student will
 2072  receive. The nature and intensity of the services indicated on
 2073  the matrix shall be consistent with the services described in
 2074  each exceptional student’s individual educational plan. The
 2075  Department of Education shall review and revise the descriptions
 2076  of the services and supports included in the matrix of services
 2077  for exceptional students and shall implement those revisions
 2078  before the beginning of the 2012-2013 school year.
 2079         b. In order to generate funds using one of the two weighted
 2080  cost factors, a matrix of services must be completed at the time
 2081  of the student’s initial placement into an exceptional student
 2082  education program and at least once every 3 years by personnel
 2083  who have received approved training. Nothing listed in the
 2084  matrix shall be construed as limiting the services a school
 2085  district must provide in order to ensure that exceptional
 2086  students are provided a free, appropriate public education.
 2087         c. Students identified as exceptional, in accordance with
 2088  chapter 6A-6, Florida Administrative Code, who do not have a
 2089  matrix of services as specified in sub-subparagraph b. shall
 2090  generate funds on the basis of full-time-equivalent student
 2091  membership in the Florida Education Finance Program at the same
 2092  funding level per student as provided for basic students.
 2093  Additional funds for these exceptional students will be provided
 2094  through the guaranteed allocation designated in subparagraph 2.
 2095         2. For students identified as exceptional who do not have a
 2096  matrix of services and students who are gifted in grades K
 2097  through 8, there is created a guaranteed allocation to provide
 2098  these students with a free appropriate public education, in
 2099  accordance with s. 1001.42(4)(l) and rules of the State Board of
 2100  Education, which shall be allocated initially annually to each
 2101  school district in the amount provided in the General
 2102  Appropriations Act. These funds shall be supplemental in
 2103  addition to the funds appropriated for the basic funding level
 2104  on the basis of FTE student membership in the Florida Education
 2105  Finance Program, and the amount allocated for each school
 2106  district shall not be recalculated once during the year, based
 2107  on actual student membership from the October FTE survey. Upon
 2108  recalculation, if the generated allocation is greater than the
 2109  amount provided in the General Appropriations Act, the total
 2110  shall be prorated to the level of the appropriation based on
 2111  each district’s share of the total recalculated amount. These
 2112  funds shall be used to provide special education and related
 2113  services for exceptional students and students who are gifted in
 2114  grades K through 8. Beginning with the 2007-2008 fiscal year, A
 2115  district’s expenditure of funds from the guaranteed allocation
 2116  for students in grades 9 through 12 who are gifted may not be
 2117  greater than the amount expended during the 2006-2007 fiscal
 2118  year for gifted students in grades 9 through 12.
 2119         (o) Calculation of additional full-time equivalent
 2120  membership based on successful completion of a career-themed
 2121  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
 2122  courses with embedded CAPE industry certifications or CAPE
 2123  Digital Tool certificates, and issuance of industry
 2124  certification identified on the CAPE Industry Certification
 2125  Funding List pursuant to rules adopted by the State Board of
 2126  Education or CAPE Digital Tool certificates pursuant to s.
 2127  1003.4203.
 2128         1.a. A value of 0.025 full-time equivalent student
 2129  membership shall be calculated for CAPE Digital Tool
 2130  certificates earned by students in elementary and middle school
 2131  grades.
 2132         b. A value of 0.1 or 0.2 full-time equivalent student
 2133  membership shall be calculated for each student who completes a
 2134  course as defined in s. 1003.493(1)(b) or courses with embedded
 2135  CAPE industry certifications and who is issued an industry
 2136  certification identified annually on the CAPE Industry
 2137  Certification Funding List approved under rules adopted by the
 2138  State Board of Education. A value of 0.2 full-time equivalent
 2139  membership shall be calculated for each student who is issued a
 2140  CAPE industry certification that has a statewide articulation
 2141  agreement for college credit approved by the State Board of
 2142  Education. For CAPE industry certifications that do not
 2143  articulate for college credit, the Department of Education shall
 2144  assign a full-time equivalent value of 0.1 for each
 2145  certification. Middle grades students who earn additional FTE
 2146  membership for a CAPE Digital Tool certificate pursuant to sub
 2147  subparagraph a. may not use the previously funded examination to
 2148  satisfy the requirements for earning an industry certification
 2149  under this sub-subparagraph. Additional FTE membership for an
 2150  elementary or middle grades student may shall not exceed 0.1 for
 2151  certificates or certifications earned within the same fiscal
 2152  year. The State Board of Education shall include the assigned
 2153  values on the CAPE Industry Certification Funding List under
 2154  rules adopted by the state board. Such value shall be added to
 2155  the total full-time equivalent student membership for grades 6
 2156  through 12 in the subsequent year for courses that were not
 2157  provided through dual enrollment. CAPE industry certifications
 2158  earned through dual enrollment must be reported and funded
 2159  pursuant to s. 1011.80. However, if a student earns a
 2160  certification through a dual enrollment course and the
 2161  certification is not a fundable certification on the
 2162  postsecondary certification funding list, or the dual enrollment
 2163  certification is earned as a result of an agreement between a
 2164  school district and a nonpublic postsecondary institution, the
 2165  bonus value shall be funded in the same manner as other nondual
 2166  enrollment course industry certifications. In such cases, the
 2167  school district may provide for an agreement between the high
 2168  school and the technical center, or the school district and the
 2169  postsecondary institution may enter into an agreement for
 2170  equitable distribution of the bonus funds.
 2171         c. A value of 0.3 full-time equivalent student membership
 2172  shall be calculated for student completion of the courses and
 2173  the embedded certifications identified on the CAPE Industry
 2174  Certification Funding List and approved by the commissioner
 2175  pursuant to ss. 1003.4203(5)(a) and 1008.44.
 2176         d. A value of 0.5 full-time equivalent student membership
 2177  shall be calculated for CAPE Acceleration Industry
 2178  Certifications that articulate for 15 to 29 college credit
 2179  hours, and 1.0 full-time equivalent student membership shall be
 2180  calculated for CAPE Acceleration Industry Certifications that
 2181  articulate for 30 or more college credit hours pursuant to CAPE
 2182  Acceleration Industry Certifications approved by the
 2183  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
 2184         2. Each district must allocate at least 80 percent of the
 2185  funds provided for CAPE industry certification, in accordance
 2186  with this paragraph, to the program that generated the funds.
 2187  This allocation may not be used to supplant funds provided for
 2188  basic operation of the program.
 2189         3. For CAPE industry certifications earned in the 2013-2014
 2190  school year and in subsequent years, the school district shall
 2191  distribute to each classroom teacher who provided direct
 2192  instruction toward the attainment of a CAPE industry
 2193  certification that qualified for additional full-time equivalent
 2194  membership under subparagraph 1.:
 2195         a. A bonus in the amount of $25 for each student taught by
 2196  a teacher who provided instruction in a course that led to the
 2197  attainment of a CAPE industry certification on the CAPE Industry
 2198  Certification Funding List with a weight of 0.1.
 2199         b. A bonus in the amount of $50 for each student taught by
 2200  a teacher who provided instruction in a course that led to the
 2201  attainment of a CAPE industry certification on the CAPE Industry
 2202  Certification Funding List with a weight of 0.2, 0.3, 0.5, and
 2203  1.0.
 2204         c. A bonus of $75 for each student taught by a teacher who
 2205  provided instruction in a course that led to the attainment of a
 2206  CAPE industry certification on the CAPE Industry Certification
 2207  Funding List with a weight of 0.3.
 2208         d. A bonus of $100 for each student taught by a teacher who
 2209  provided instruction in a course that led to the attainment of a
 2210  CAPE industry certification on the CAPE Industry Certification
 2211  Funding List with a weight of 0.5 or 1.0.
 2212  
 2213  Bonuses awarded pursuant to this paragraph shall be provided to
 2214  teachers who are employed by the district in the year in which
 2215  the additional FTE membership calculation is included in the
 2216  calculation. Bonuses shall be calculated based upon the
 2217  associated weight of a CAPE industry certification on the CAPE
 2218  Industry Certification Funding List for the year in which the
 2219  certification is earned by the student. Any bonus awarded to a
 2220  teacher under this paragraph may not exceed $2,000 in any given
 2221  school year and is in addition to any regular wage or other
 2222  bonus the teacher received or is scheduled to receive.
 2223         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 2224  Legislature shall prescribe the aggregate required local effort
 2225  for all school districts collectively as an item in the General
 2226  Appropriations Act for each fiscal year. The amount that each
 2227  district shall provide annually toward the cost of the Florida
 2228  Education Finance Program for kindergarten through grade 12
 2229  programs shall be calculated as follows:
 2230         (a) Estimated taxable value calculations.—
 2231         1.a. Not later than 2 working days before prior to July 19,
 2232  the Department of Revenue shall certify to the Commissioner of
 2233  Education its most recent estimate of the taxable value for
 2234  school purposes in each school district and the total for all
 2235  school districts in the state for the current calendar year
 2236  based on the latest available data obtained from the local
 2237  property appraisers. The value certified shall be the taxable
 2238  value for school purposes for that year, and no further
 2239  adjustments shall be made, except those made pursuant to
 2240  paragraphs (c) and (d), or an assessment roll change required by
 2241  final judicial decisions as specified in paragraph (15)(b)
 2242  (14)(b). Not later than July 19, the Commissioner of Education
 2243  shall compute a millage rate, rounded to the next highest one
 2244  one-thousandth of a mill, which, when applied to 96 percent of
 2245  the estimated state total taxable value for school purposes,
 2246  would generate the prescribed aggregate required local effort
 2247  for that year for all districts. The Commissioner of Education
 2248  shall certify to each district school board the millage rate,
 2249  computed as prescribed in this subparagraph, as the minimum
 2250  millage rate necessary to provide the district required local
 2251  effort for that year.
 2252         b. The General Appropriations Act shall direct the
 2253  computation of the statewide adjusted aggregate amount for
 2254  required local effort for all school districts collectively from
 2255  ad valorem taxes to ensure that no school district’s revenue
 2256  from required local effort millage will produce more than 90
 2257  percent of the district’s total Florida Education Finance
 2258  Program calculation as calculated and adopted by the
 2259  Legislature, and the adjustment of the required local effort
 2260  millage rate of each district that produces more than 90 percent
 2261  of its total Florida Education Finance Program entitlement to a
 2262  level that will produce only 90 percent of its total Florida
 2263  Education Finance Program entitlement in the July calculation.
 2264         2. On the same date as the certification in sub
 2265  subparagraph 1.a., the Department of Revenue shall certify to
 2266  the Commissioner of Education for each district:
 2267         a. Each year for which the property appraiser has certified
 2268  the taxable value pursuant to s. 193.122(2) or (3), if
 2269  applicable, since the prior certification under sub-subparagraph
 2270  1.a.
 2271         b. For each year identified in sub-subparagraph a., the
 2272  taxable value certified by the appraiser pursuant to s.
 2273  193.122(2) or (3), if applicable, since the prior certification
 2274  under sub-subparagraph 1.a. This is the certification that
 2275  reflects all final administrative actions of the value
 2276  adjustment board.
 2277         (13)FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
 2278  connected student supplement is created to provide supplemental
 2279  funding for school districts to support the education of
 2280  students connected with federally owned military installations,
 2281  National Aeronautics and Space Administration (NASA) real
 2282  property, and Indian lands. To be eligible for this supplement,
 2283  the district must be eligible for federal Impact Aid Program
 2284  funds under s. 8003 of Title VIII of the Elementary and
 2285  Secondary Education Act of 1965. The supplement shall be
 2286  allocated annually to each eligible school district in the
 2287  amount provided in the General Appropriations Act. The
 2288  supplement shall be the sum of the student allocation and an
 2289  exempt property allocation.
 2290         (a)The student allocation shall be calculated based on the
 2291  number of students reported for federal Impact Aid Program
 2292  funds, including students with disabilities, who meet one of the
 2293  following criteria:
 2294         1.The student has a parent who is on active duty in the
 2295  uniformed services or is an accredited foreign government
 2296  official and military officer. Students with disabilities shall
 2297  also be reported separately for this category.
 2298         2.The student resides on eligible federally owned Indian
 2299  land. Students with disabilities shall also be reported
 2300  separately for this category.
 2301         3.The student resides with a civilian parent who lives or
 2302  works on eligible federal property connected with a military
 2303  installation or NASA. The number of these students shall be
 2304  multiplied by a factor of 0.5.
 2305         (b)The total number of federally connected students
 2306  calculated under paragraph (a) shall be multiplied by a
 2307  percentage of the base student allocation as provided in the
 2308  General Appropriations Act. The total of the number of students
 2309  with disabilities as reported separately under subparagraphs
 2310  (a)1. and (a)2. shall be multiplied by an additional percentage
 2311  of the base student allocation as provided in the General
 2312  Appropriations Act. The base amount and the amount for students
 2313  with disabilities shall be summed to provide the student
 2314  allocation.
 2315         (c)The exempt property allocation shall be equal to the
 2316  tax-exempt value of federal impact aid lands reserved as
 2317  military installations, real property owned by NASA, or eligible
 2318  federally owned Indian lands located in the district, as of
 2319  January 1 of the previous year, multiplied by the millage
 2320  authorized and levied under s. 1011.71(2).
 2321         (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 2322  annually in the General Appropriations Act determine a
 2323  percentage increase in funds per K-12 unweighted FTE as a
 2324  minimum guarantee to each school district. The guarantee shall
 2325  be calculated from prior year base funding per unweighted FTE
 2326  student which shall include the adjusted FTE dollars as provided
 2327  in subsection (15) (14), quality guarantee funds, and actual
 2328  nonvoted discretionary local effort from taxes. From the base
 2329  funding per unweighted FTE, the increase shall be calculated for
 2330  the current year. The current year funds from which the
 2331  guarantee shall be determined shall include the adjusted FTE
 2332  dollars as provided in subsection (15) (14) and potential
 2333  nonvoted discretionary local effort from taxes. A comparison of
 2334  current year funds per unweighted FTE to prior year funds per
 2335  unweighted FTE shall be computed. For those school districts
 2336  which have less than the legislatively assigned percentage
 2337  increase, funds shall be provided to guarantee the assigned
 2338  percentage increase in funds per unweighted FTE student. Should
 2339  appropriated funds be less than the sum of this calculated
 2340  amount for all districts, the commissioner shall prorate each
 2341  district’s allocation. This provision shall be implemented to
 2342  the extent specifically funded.
 2343         Section 18. Effective July 1, 2016, and upon the expiration
 2344  of the amendment to section 1011.71, Florida Statutes, made by
 2345  chapter 2015-222, Laws of Florida, subsection (1) of that
 2346  section is amended to read:
 2347         1011.71 District school tax.—
 2348         (1) If the district school tax is not provided in the
 2349  General Appropriations Act or the substantive bill implementing
 2350  the General Appropriations Act, each district school board
 2351  desiring to participate in the state allocation of funds for
 2352  current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
 2353  shall levy on the taxable value for school purposes of the
 2354  district, exclusive of millage voted under the provisions of s.
 2355  9(b) or s. 12, Art. VII of the State Constitution, a millage
 2356  rate not to exceed the amount certified by the commissioner as
 2357  the minimum millage rate necessary to provide the district
 2358  required local effort for the current year, pursuant to s.
 2359  1011.62(4)(a)1. In addition to the required local effort millage
 2360  levy, each district school board may levy a nonvoted current
 2361  operating discretionary millage. The Legislature shall prescribe
 2362  annually in the appropriations act the maximum amount of millage
 2363  a district may levy.
 2364         Section 19. Subsection (2) of section 1012.42, Florida
 2365  Statutes, is amended to read:
 2366         1012.42 Teacher teaching out-of-field.—
 2367         (2) NOTIFICATION REQUIREMENTS.—When a teacher in a district
 2368  school system is assigned teaching duties in a class dealing
 2369  with subject matter that is outside the field in which the
 2370  teacher is certified, outside the field that was the applicant’s
 2371  minor field of study, or outside the field in which the
 2372  applicant has demonstrated sufficient subject area expertise, as
 2373  determined by district school board policy in the subject area
 2374  to be taught, the parents of all students in the class shall be
 2375  notified in writing of such assignment, and each school district
 2376  shall report out-of-field teachers on the district’s website
 2377  within 30 days before the beginning of each semester. A parent
 2378  whose student is assigned an out-of-field teacher may request
 2379  that his or her child be transferred to an in-field classroom
 2380  teacher within the school and grade in which the student is
 2381  currently enrolled. The school district must approve or deny the
 2382  parent’s request and transfer the student to a different
 2383  classroom teacher within a reasonable period of time, not to
 2384  exceed 2 weeks, if an in-field teacher for that course or grade
 2385  level is employed by the school and the transfer does not
 2386  violate maximum class size pursuant to s. 1003.03 and s. 1, Art.
 2387  IX of the State Constitution. If a request for transfer is
 2388  denied, the school must notify the parent and specify the
 2389  reasons for the denial. An explanation of the transfer process
 2390  must be made available in the student handbook or a similar
 2391  publication. This subsection does not provide a parent the right
 2392  to choose a specific teacher.
 2393         Section 20. Paragraph (b) of subsection (8) of section
 2394  1012.56, Florida Statutes, is amended to read:
 2395         1012.56 Educator certification requirements.—
 2396         (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION
 2397  COMPETENCY PROGRAM.—
 2398         (b)1. Each school district must and a private school or
 2399  state-supported state supported public school, including a
 2400  charter school, or a private school may develop and maintain a
 2401  system by which members of the instructional staff may
 2402  demonstrate mastery of professional preparation and education
 2403  competence as required by law. Each program must be based on
 2404  classroom application of the Florida Educator Accomplished
 2405  Practices and instructional performance and, for public schools,
 2406  must be aligned with the district’s or state-supported public
 2407  school’s evaluation system established approved under s.
 2408  1012.34, as applicable.
 2409         2. The Commissioner of Education shall determine the
 2410  continued approval of programs implemented under this paragraph,
 2411  based upon the department’s review of performance data. The
 2412  department shall review the performance data as a part of the
 2413  periodic review of each school district’s professional
 2414  development system required under s. 1012.98.
 2415         Section 21. Section 1012.583, Florida Statutes, is created
 2416  to read:
 2417         1012.583 Continuing education and inservice training for
 2418  youth suicide awareness and prevention.—
 2419         (1) Beginning with the 2016-2017 school year, the
 2420  Department of Education shall incorporate 2 hours of training in
 2421  youth suicide awareness and prevention into existing
 2422  requirements for continuing education or inservice training for
 2423  instructional personnel in elementary school, middle school, and
 2424  high school.
 2425         (2) The department, in consultation with the Statewide
 2426  Office for Suicide Prevention and suicide prevention experts,
 2427  shall develop a list of approved youth suicide awareness and
 2428  prevention training materials. The materials:
 2429         (a) Must include training on how to identify appropriate
 2430  mental health services and how to refer youth and their families
 2431  to those services.
 2432         (b) May include materials currently being used by a school
 2433  district if such materials meet any criteria established by the
 2434  department.
 2435         (c) May include programs that instructional personnel can
 2436  complete through a self-review of approved youth suicide
 2437  awareness and prevention materials.
 2438         (3) The training required by this section must be included
 2439  in the existing continuing education or inservice training
 2440  requirements for instructional personnel and may not add to the
 2441  total hours currently required by the department.
 2442         (4) A person has no cause of action for any loss or damage
 2443  caused by an act or omission resulting from the implementation
 2444  of this section or resulting from any training required by this
 2445  section unless the loss or damage was caused by willful or
 2446  wanton misconduct. This section does not create any new duty of
 2447  care or basis of liability.
 2448         (5) The State Board of Education may adopt rules to
 2449  implement this section.
 2450         Section 22. Paragraph (o) is added to subsection (1) of
 2451  section 1012.795, Florida Statutes, and subsection (5) of that
 2452  section is amended, to read:
 2453         1012.795 Education Practices Commission; authority to
 2454  discipline.—
 2455         (1) The Education Practices Commission may suspend the
 2456  educator certificate of any person as defined in s. 1012.01(2)
 2457  or (3) for up to 5 years, thereby denying that person the right
 2458  to teach or otherwise be employed by a district school board or
 2459  public school in any capacity requiring direct contact with
 2460  students for that period of time, after which the holder may
 2461  return to teaching as provided in subsection (4); may revoke the
 2462  educator certificate of any person, thereby denying that person
 2463  the right to teach or otherwise be employed by a district school
 2464  board or public school in any capacity requiring direct contact
 2465  with students for up to 10 years, with reinstatement subject to
 2466  the provisions of subsection (4); may revoke permanently the
 2467  educator certificate of any person thereby denying that person
 2468  the right to teach or otherwise be employed by a district school
 2469  board or public school in any capacity requiring direct contact
 2470  with students; may suspend the educator certificate, upon an
 2471  order of the court or notice by the Department of Revenue
 2472  relating to the payment of child support; or may impose any
 2473  other penalty provided by law, if the person:
 2474         (o) Has committed a third recruiting offense as determined
 2475  by the Florida High School Athletic Association (FHSAA) pursuant
 2476  to s. 1006.20(2)(b).
 2477         (5) Each district school superintendent and the governing
 2478  authority of each university lab school, state-supported school,
 2479  or private school, and the FHSAA shall report to the department
 2480  the name of any person certified pursuant to this chapter or
 2481  employed and qualified pursuant to s. 1012.39:
 2482         (a) Who has been convicted of, or who has pled nolo
 2483  contendere to, a misdemeanor, felony, or any other criminal
 2484  charge, other than a minor traffic infraction;
 2485         (b) Who that official has reason to believe has committed
 2486  or is found to have committed any act which would be a ground
 2487  for revocation or suspension under subsection (1); or
 2488         (c) Who has been dismissed or severed from employment
 2489  because of conduct involving any immoral, unnatural, or
 2490  lascivious act.
 2491         Section 23. Subsections (3) and (7) of section 1012.796,
 2492  Florida Statutes, are amended to read:
 2493         1012.796 Complaints against teachers and administrators;
 2494  procedure; penalties.—
 2495         (3) The department staff shall advise the commissioner
 2496  concerning the findings of the investigation and of all
 2497  referrals by the Florida High School Athletic Association
 2498  (FHSAA) pursuant to ss. 1006.20(2)(b) and 1012.795. The
 2499  department general counsel or members of that staff shall review
 2500  the investigation or the referral and advise the commissioner
 2501  concerning probable cause or lack thereof. The determination of
 2502  probable cause shall be made by the commissioner. The
 2503  commissioner shall provide an opportunity for a conference, if
 2504  requested, prior to determining probable cause. The commissioner
 2505  may enter into deferred prosecution agreements in lieu of
 2506  finding probable cause if, in his or her judgment, such
 2507  agreements are in the best interests of the department, the
 2508  certificateholder, and the public. Such deferred prosecution
 2509  agreements shall become effective when filed with the clerk of
 2510  the Education Practices Commission. However, a deferred
 2511  prosecution agreement shall not be entered into if there is
 2512  probable cause to believe that a felony or an act of moral
 2513  turpitude, as defined by rule of the State Board of Education,
 2514  has occurred, or for referrals by the FHSAA. Upon finding no
 2515  probable cause, the commissioner shall dismiss the complaint.
 2516         (7) A panel of the commission shall enter a final order
 2517  either dismissing the complaint or imposing one or more of the
 2518  following penalties:
 2519         (a) Denial of an application for a teaching certificate or
 2520  for an administrative or supervisory endorsement on a teaching
 2521  certificate. The denial may provide that the applicant may not
 2522  reapply for certification, and that the department may refuse to
 2523  consider that applicant’s application, for a specified period of
 2524  time or permanently.
 2525         (b) Revocation or suspension of a certificate.
 2526         (c) Imposition of an administrative fine not to exceed
 2527  $2,000 for each count or separate offense.
 2528         (d) Placement of the teacher, administrator, or supervisor
 2529  on probation for a period of time and subject to such conditions
 2530  as the commission may specify, including requiring the certified
 2531  teacher, administrator, or supervisor to complete additional
 2532  appropriate college courses or work with another certified
 2533  educator, with the administrative costs of monitoring the
 2534  probation assessed to the educator placed on probation. An
 2535  educator who has been placed on probation shall, at a minimum:
 2536         1. Immediately notify the investigative office in the
 2537  Department of Education upon employment or termination of
 2538  employment in the state in any public or private position
 2539  requiring a Florida educator’s certificate.
 2540         2. Have his or her immediate supervisor submit annual
 2541  performance reports to the investigative office in the
 2542  Department of Education.
 2543         3. Pay to the commission within the first 6 months of each
 2544  probation year the administrative costs of monitoring probation
 2545  assessed to the educator.
 2546         4. Violate no law and shall fully comply with all district
 2547  school board policies, school rules, and State Board of
 2548  Education rules.
 2549         5. Satisfactorily perform his or her assigned duties in a
 2550  competent, professional manner.
 2551         6. Bear all costs of complying with the terms of a final
 2552  order entered by the commission.
 2553         (e) Restriction of the authorized scope of practice of the
 2554  teacher, administrator, or supervisor.
 2555         (f) Reprimand of the teacher, administrator, or supervisor
 2556  in writing, with a copy to be placed in the certification file
 2557  of such person.
 2558         (g) Imposition of an administrative sanction, upon a person
 2559  whose teaching certificate has expired, for an act or acts
 2560  committed while that person possessed a teaching certificate or
 2561  an expired certificate subject to late renewal, which sanction
 2562  bars that person from applying for a new certificate for a
 2563  period of 10 years or less, or permanently.
 2564         (h) Refer the teacher, administrator, or supervisor to the
 2565  recovery network program provided in s. 1012.798 under such
 2566  terms and conditions as the commission may specify.
 2567  
 2568  The penalties imposed under this subsection are in addition to,
 2569  and not in lieu of, the penalties required for a third
 2570  recruiting offense pursuant to s. 1006.20(2)(b).
 2571         Section 24. Except as otherwise expressly provided in this
 2572  act and except for this section, which shall take effect June
 2573  29, 2016, this act shall take effect July 1, 2016.
 2574  
 2575  ================= T I T L E  A M E N D M E N T ================
 2576  And the title is amended as follows:
 2577         Delete everything before the enacting clause
 2578  and insert:
 2579                        A bill to be entitled                      
 2580         An act relating to education; amending s. 1001.42,
 2581         F.S.; revising the duties of a district school board;
 2582         creating s. 1001.67, F.S.; establishing a
 2583         collaboration between the state board and the
 2584         Legislature to designate certain Florida College
 2585         System institutions as distinguished colleges;
 2586         specifying standards for the designation; requiring
 2587         the state board to award the designation to certain
 2588         Florida College System institutions; providing that
 2589         the designated institutions are eligible for funding
 2590         as specified in the General Appropriations Act;
 2591         amending s. 1002.20, F.S.; revising public school
 2592         choice options available to students to include CAPE
 2593         digital tools, CAPE industry certifications, and
 2594         collegiate high school programs; authorizing parents
 2595         of public school students to seek private educational
 2596         choice options through the Florida Personal Learning
 2597         Scholarship Accounts Program under certain
 2598         circumstances; revising student eligibility
 2599         requirements for participating in high school athletic
 2600         competitions; authorizing public schools to provide
 2601         transportation to students participating in open
 2602         enrollment; amending s. 1002.31, F.S.; requiring each
 2603         district school board and charter school governing
 2604         board to authorize a parent to have his or her child
 2605         participate in controlled open enrollment; requiring
 2606         the school district to report the student for purposes
 2607         of the school district’s funding; authorizing a school
 2608         district to provide transportation to such students;
 2609         requiring that each district school board adopt and
 2610         publish on its website a controlled open enrollment
 2611         process; specifying criteria for the process;
 2612         prohibiting a school district from delaying or
 2613         preventing a student who participates in controlled
 2614         open enrollment from being immediately eligible to
 2615         participate in certain activities; amending s.
 2616         1002.33, F.S.; making technical changes relating to
 2617         requirements for the creation of a virtual charter
 2618         school; conforming cross-references; specifying that a
 2619         sponsor may not require a charter school to adopt the
 2620         sponsor’s reading plan and that charter schools are
 2621         eligible for the research-based reading allocation if
 2622         certain criteria are met; revising required contents
 2623         of charter school applications; conforming provisions
 2624         regarding the appeal process for denial of a high
 2625         performing charter school application; requiring an
 2626         applicant to provide the sponsor with a copy of an
 2627         appeal to an application denial; authorizing a charter
 2628         school to defer the opening of its operations for up
 2629         to a specified time; requiring the charter school to
 2630         provide written notice to certain entities by a
 2631         specified date; revising provisions relating to long
 2632         term charters and charter terminations; specifying
 2633         notice requirements for voluntary closure of a charter
 2634         school; deleting a requirement that students in a
 2635         blended learning course receive certain instruction in
 2636         a classroom setting; providing that a student may not
 2637         be dismissed from a charter school based on his or her
 2638         academic performance; requiring a charter school
 2639         applicant to provide monthly financial statements
 2640         before opening; requiring a sponsor to review each
 2641         financial statement of a charter school to identify
 2642         the existence of certain conditions; providing for the
 2643         automatic termination of a charter contract if certain
 2644         conditions are met; requiring a sponsor to notify
 2645         certain parties when a charter contract is terminated
 2646         for specific reasons; authorizing governing board
 2647         members to hold a certain number of public meetings
 2648         and participate in such meetings in person or through
 2649         communications media technology; revising charter
 2650         school student eligibility requirements; revising
 2651         requirements for payments to charter schools; allowing
 2652         for the use of certain surpluses and assets by
 2653         specific entities for certain educational purposes;
 2654         providing for an injunction under certain
 2655         circumstances; establishing the administrative fee
 2656         that a sponsor may withhold for charter schools
 2657         operating in a critical need area; providing an
 2658         exemption from certain administrative fees; amending
 2659         s. 1002.37, F.S.; revising the calculation of “full
 2660         time equivalent student”; conforming a cross
 2661         reference; amending s. 1002.391, F.S.; requiring a
 2662         school district to add a specified number of points to
 2663         the calculation of a matrix of services for a student
 2664         who is deaf and enrolled in an auditory-oral education
 2665         program; amending s. 1002.45, F.S.; conforming cross
 2666         references; deleting a provision related to
 2667         educational funding for students enrolled in certain
 2668         virtual education courses; revising conditions for
 2669         termination of a virtual instruction provider’s
 2670         contract; creating s. 1003.3101, F.S.; requiring each
 2671         school district board to establish a classroom teacher
 2672         transfer process for parents, to approve or deny a
 2673         transfer request within a certain timeframe, to notify
 2674         a parent of a denial, and to post an explanation of
 2675         the transfer process in the student handbook or a
 2676         similar publication; amending s. 1003.4295, F.S.;
 2677         revising the purpose of the Credit Acceleration
 2678         Program; requiring students to earn passing scores on
 2679         specified assessments and examinations to earn course
 2680         credit; amending s. 1004.935, F.S.; deleting the
 2681         scheduled termination of the Adults with Disabilities
 2682         Workforce Education Pilot Program; changing the name
 2683         of the program to the “Adults with Disabilities
 2684         Workforce Education Program”; amending s. 1006.15,
 2685         F.S.; defining the term “eligible to participate”;
 2686         conforming provisions to changes made by the act;
 2687         prohibiting a school district from delaying or
 2688         preventing a student who participates in open
 2689         controlled enrollment from being immediately eligible
 2690         to participate in certain activities; authorizing a
 2691         transfer student to immediately participate in
 2692         interscholastic or intrascholastic activities under
 2693         certain circumstances; prohibiting a school district
 2694         or the Florida High School Athletic Association
 2695         (FHSAA) from declaring a transfer student ineligible
 2696         under certain circumstances; creating s. 1006.195,
 2697         F.S.; requiring district school boards to establish in
 2698         codes of student conduct eligibility standards and
 2699         disciplinary actions relating to students
 2700         participating in interscholastic and intrascholastic
 2701         extracurricular activities; providing guidelines and
 2702         applicability; requiring the FHSAA to comply with
 2703         certain requirements by a specified date; amending s.
 2704         1006.20, F.S.; requiring the FHSAA to allow a private
 2705         school to maintain full membership in the association
 2706         or to join by sport; prohibiting the FHSAA from
 2707         discouraging a private school from maintaining
 2708         membership in the FHSAA and another athletic
 2709         association; authorizing the FHSAA to allow a public
 2710         school to apply for consideration to join another
 2711         athletic association; specifying penalties for
 2712         recruiting violations; requiring a school to forfeit a
 2713         competition, including resulting honors, in which a
 2714         student who was recruited in a prohibitive manner;
 2715         revising circumstances under which a student may be
 2716         declared ineligible; requiring student ineligibility
 2717         to be established by a preponderance of the evidence;
 2718         amending s. 1009.893, F.S.; changing the name of the
 2719         “Florida National Merit Scholar Incentive Program” to
 2720         the “Benacquisto Scholarship Program”; providing that
 2721         a student who receives a scholarship award under the
 2722         program will be referred to as a Benacquisto Scholar;
 2723         encouraging all eligible Florida public or independent
 2724         postsecondary educational institutions, and requiring
 2725         all eligible state universities, to become college
 2726         sponsors of the National Merit Scholarship Program;
 2727         amending s. 1011.61, F.S.; revising the definition of
 2728         “full-time equivalent student”; amending s. 1011.62,
 2729         F.S.; conforming a cross-reference; revising the
 2730         calculation for certain supplemental funds for
 2731         exceptional student education programs; requiring the
 2732         funds to be prorated under certain circumstances;
 2733         revising the funding of full-time equivalent values
 2734         for students who earn CAPE industry certifications
 2735         through dual enrollment; deleting a provision
 2736         prohibiting a teacher’s bonus from exceeding a
 2737         specified amount; creating a federally connected
 2738         student supplement for school districts; specifying
 2739         eligibility requirements and calculations for
 2740         allocations of the supplement; amending s. 1011.71,
 2741         F.S.; conforming a cross-reference; amending s.
 2742         1012.42, F.S.; authorizing a parent of a child whose
 2743         teacher is teaching outside the teacher’s field to
 2744         request that the child be transferred to another
 2745         classroom teacher within the school and grade in which
 2746         the child is currently enrolled within a specified
 2747         timeframe; specifying that a transfer does not provide
 2748         a parent the right to choose a specific teacher;
 2749         amending s. 1012.56, F.S.; authorizing a charter
 2750         school to develop and operate a professional
 2751         development certification and education competency
 2752         program; creating s. 1012.583, F.S.; requiring the
 2753         Department of Education to incorporate training in
 2754         youth suicide awareness and prevention into certain
 2755         instructional personnel continuing education or
 2756         inservice training requirements; requiring the
 2757         department, in consultation with the Statewide Office
 2758         for Suicide Prevention and suicide prevention experts,
 2759         to develop a list of approved materials for the
 2760         training; specifying requirements for training
 2761         materials; requiring the training to be included in
 2762         the existing continuing education or inservice
 2763         training requirements; providing that no cause of
 2764         action results from the implementation of this act;
 2765         providing for rulemaking; amending ss. 1012.795 and
 2766         1012.796, F.S.; conforming provisions to changes made
 2767         by the act; providing effective dates.