Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (126962) for SB 1166
       
       
       
       
       
       
                                Ì927682CÎ927682                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/26/2016           .                                
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       The Committee on Appropriations (Gaetz) recommended 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 subsections (22) of section 1002.20, Florida Statutes,
   57  are 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 order 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, if these special purposes are identified in the
  181  charter agreement. Each charter school shall annually by January
  182  1 post on its website the application process required to
  183  participate in controlled open enrollment, consistent with this
  184  section and s. 1002.33.
  185         (e) Students residing in the district, including charter
  186  school students, may not be displaced by a student from another
  187  district seeking enrollment under the controlled open enrollment
  188  process.
  189         (f) For purposes of continuity of educational choice, a
  190  student who transfers pursuant to this section may remain at the
  191  school chosen by the parent until the student completes the
  192  highest grade level at the school may offer controlled open
  193  enrollment within the public schools which is in addition to the
  194  existing choice programs such as virtual instruction programs,
  195  magnet schools, alternative schools, special programs, advanced
  196  placement, and dual enrollment.
  197         (3) Each district school board offering controlled open
  198  enrollment shall adopt by rule and post on its website the
  199  process required to participate in controlled open enrollment.
  200  The process a controlled open enrollment plan which must:
  201         (a) Adhere to federal desegregation requirements.
  202         (b) Allow Include an application process required to
  203  participate in controlled open enrollment that allows parents to
  204  declare school preferences, including placement of siblings
  205  within the same school.
  206         (c) Provide a lottery procedure to determine student
  207  assignment and establish an appeals process for hardship cases.
  208         (d) Afford parents of students in multiple session schools
  209  preferred access to controlled open enrollment.
  210         (e) Maintain socioeconomic, demographic, and racial
  211  balance.
  212         (f) Address the availability of transportation.
  213         (g) Maintain existing academic eligibility criteria for
  214  public school choice programs pursuant to s. 1002.20(6)(a).
  215         (h) Identify schools that have not reached capacity, as
  216  determined by the school district.
  217         (i) Ensure that each district school board adopts a policy
  218  to provide preferential treatment pursuant to paragraph (2)(c).
  219         (4) In accordance with the reporting requirements of s.
  220  1011.62, each district school board shall annually report the
  221  number of students exercising public school choice, by type
  222  attending the various types of public schools of choice in the
  223  district, in accordance with including schools such as virtual
  224  instruction programs, magnet schools, and public charter
  225  schools, according to rules adopted by the State Board of
  226  Education.
  227         (5) For a school or program that is a public school of
  228  choice under this section, the calculation for compliance with
  229  maximum class size pursuant to s. 1003.03 is the average number
  230  of students at the school level.
  231         (6)(a) A school district or charter school may not delay
  232  eligibility or otherwise prevent a student participating in
  233  controlled open enrollment or a choice program from being
  234  immediately eligible to participate in interscholastic and
  235  intrascholastic extracurricular activities.
  236         (b) A student participating in a sport at a school may not
  237  participate in that same sport at another school during that
  238  school year, unless the student meets one of the following
  239  criteria:
  240         1. Dependent children of active duty military personnel
  241  whose move resulted from military orders.
  242         2. Children who have been relocated due to a foster care
  243  placement in a different school zone.
  244         3. Children who move due to a court ordered change in
  245  custody due to separation or divorce, or the serious illness or
  246  death of a custodial parent.
  247         4. Authorized for good cause in district or charter school
  248  policy.
  249         Section 5. Paragraph (a) of subsection (2), paragraphs (a)
  250  and (b) of subsection (6), paragraphs (a) and (d) of subsection
  251  (7), paragraphs (g), (n), and (p) of subsection (9), paragraph
  252  (d) of subsection (10), paragraph (e) of subsection (17), and
  253  paragraph (a) of subsection (20) of section 1002.33, Florida
  254  Statutes, are amended to read:
  255         1002.33 Charter schools.—
  256         (2) GUIDING PRINCIPLES; PURPOSE.—
  257         (a) Charter schools in Florida shall be guided by the
  258  following principles:
  259         1. Meet high standards of student achievement while
  260  providing parents flexibility to choose among diverse
  261  educational opportunities within the state’s public school
  262  system.
  263         2. Promote enhanced academic success and financial
  264  efficiency by aligning responsibility with accountability.
  265         3. Provide parents with sufficient information on whether
  266  their child is reading at grade level and whether the child
  267  gains at least a year’s worth of learning for every year spent
  268  in the charter school. For a student who exhibits a substantial
  269  deficiency in reading, as determined by the charter school, the
  270  school shall notify the parent of the deficiency, the intensive
  271  interventions and supports used, and the student’s progress in
  272  accordance with s. 1008.25(5).
  273         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  274  applications are subject to the following requirements:
  275         (a) A person or entity seeking wishing to open a charter
  276  school shall prepare and submit an application on a model
  277  application form prepared by the Department of Education which:
  278         1. Demonstrates how the school will use the guiding
  279  principles and meet the statutorily defined purpose of a charter
  280  school.
  281         2. Provides a detailed curriculum plan that illustrates how
  282  students will be provided services to attain the Sunshine State
  283  Standards.
  284         3. Contains goals and objectives for improving student
  285  learning and measuring that improvement. These goals and
  286  objectives must indicate how much academic improvement students
  287  are expected to show each year, how success will be evaluated,
  288  and the specific results to be attained through instruction.
  289         4. Describes the reading curriculum and differentiated
  290  strategies that will be used for students reading at grade level
  291  or higher and a separate curriculum and strategies for students
  292  who are reading below grade level. A sponsor shall deny an
  293  application a charter if the school does not propose a reading
  294  curriculum that is evidence-based and includes explicit,
  295  systematic, and multisensory reading instructional strategies;
  296  however, a sponsor may not require the charter school to
  297  implement the reading plan adopted by the school district
  298  pursuant to s. 1011.62(9) consistent with effective teaching
  299  strategies that are grounded in scientifically based reading
  300  research.
  301         5. Contains an annual financial plan for each year
  302  requested by the charter for operation of the school for up to 5
  303  years. This plan must contain anticipated fund balances based on
  304  revenue projections, a spending plan based on projected revenues
  305  and expenses, and a description of controls that will safeguard
  306  finances and projected enrollment trends.
  307         6.Discloses the name of each applicant, governing board
  308  member, and all proposed education services providers; the name
  309  and sponsor of any charter school operated by each applicant,
  310  each governing board member, and each proposed education
  311  services provider that has closed and the reasons for the
  312  closure; and the academic and financial history of such charter
  313  schools, which the sponsor shall consider in deciding whether to
  314  approve or deny the application.
  315         7.6. Contains additional information a sponsor may require,
  316  which shall be attached as an addendum to the charter school
  317  application described in this paragraph.
  318         8.7. For the establishment of a virtual charter school,
  319  documents that the applicant has contracted with a provider of
  320  virtual instruction services pursuant to s. 1002.45(1)(d).
  321         (b) A sponsor shall receive and review all applications for
  322  a charter school using the an evaluation instrument developed by
  323  the Department of Education. A sponsor shall receive and
  324  consider charter school applications received on or before
  325  August 1 of each calendar year for charter schools to be opened
  326  at the beginning of the school district’s next school year, or
  327  to be opened at a time agreed to by the applicant and the
  328  sponsor. A sponsor may not refuse to receive a charter school
  329  application submitted before August 1 and may receive an
  330  application submitted later than August 1 if it chooses. In
  331  order to facilitate greater collaboration in the application
  332  process, an applicant may submit a draft charter school
  333  application on or before May 1 with an application fee of $500.
  334  If a draft application is timely submitted, the sponsor shall
  335  review and provide feedback as to material deficiencies in the
  336  application by July 1. The applicant shall then have until
  337  August 1 to resubmit a revised and final application. The
  338  sponsor may approve the draft application. Except as provided
  339  for a draft application, a sponsor may not charge an applicant
  340  for a charter any fee for the processing or consideration of an
  341  application, and a sponsor may not base its consideration or
  342  approval of a final application upon the promise of future
  343  payment of any kind. Before approving or denying any final
  344  application, the sponsor shall allow the applicant, upon receipt
  345  of written notification, at least 7 calendar days to make
  346  technical or nonsubstantive corrections and clarifications,
  347  including, but not limited to, corrections of grammatical,
  348  typographical, and like errors or missing signatures, if such
  349  errors are identified by the sponsor as cause to deny the final
  350  application.
  351         1. In order to facilitate an accurate budget projection
  352  process, a sponsor shall be held harmless for FTE students who
  353  are not included in the FTE projection due to approval of
  354  charter school applications after the FTE projection deadline.
  355  In a further effort to facilitate an accurate budget projection,
  356  within 15 calendar days after receipt of a charter school
  357  application, a sponsor shall report to the Department of
  358  Education the name of the applicant entity, the proposed charter
  359  school location, and its projected FTE.
  360         2. In order to ensure fiscal responsibility, an application
  361  for a charter school shall include a full accounting of expected
  362  assets, a projection of expected sources and amounts of income,
  363  including income derived from projected student enrollments and
  364  from community support, and an expense projection that includes
  365  full accounting of the costs of operation, including start-up
  366  costs.
  367         3.a. A sponsor shall by a majority vote approve or deny an
  368  application no later than 60 calendar days after the application
  369  is received, unless the sponsor and the applicant mutually agree
  370  in writing to temporarily postpone the vote to a specific date,
  371  at which time the sponsor shall by a majority vote approve or
  372  deny the application. If the sponsor fails to act on the
  373  application, an applicant may appeal to the State Board of
  374  Education as provided in paragraph (c). If an application is
  375  denied, the sponsor shall, within 10 calendar days after such
  376  denial, articulate in writing the specific reasons, based upon
  377  good cause, supporting its denial of the charter application and
  378  shall provide the letter of denial and supporting documentation
  379  to the applicant and to the Department of Education.
  380         b. An application submitted by a high-performing charter
  381  school identified pursuant to s. 1002.331 may be denied by the
  382  sponsor only if the sponsor demonstrates by clear and convincing
  383  evidence that:
  384         (I) The application does not materially comply with the
  385  requirements in paragraph (a);
  386         (II) The charter school proposed in the application does
  387  not materially comply with the requirements in paragraphs
  388  (9)(a)-(f);
  389         (III) The proposed charter school’s educational program
  390  does not substantially replicate that of the applicant or one of
  391  the applicant’s high-performing charter schools;
  392         (IV) The applicant has made a material misrepresentation or
  393  false statement or concealed an essential or material fact
  394  during the application process; or
  395         (V) The proposed charter school’s educational program and
  396  financial management practices do not materially comply with the
  397  requirements of this section.
  398  
  399  Material noncompliance is a failure to follow requirements or a
  400  violation of prohibitions applicable to charter school
  401  applications, which failure is quantitatively or qualitatively
  402  significant either individually or when aggregated with other
  403  noncompliance. An applicant is considered to be replicating a
  404  high-performing charter school if the proposed school is
  405  substantially similar to at least one of the applicant’s high
  406  performing charter schools and the organization or individuals
  407  involved in the establishment and operation of the proposed
  408  school are significantly involved in the operation of replicated
  409  schools.
  410         c. If the sponsor denies an application submitted by a
  411  high-performing charter school, the sponsor must, within 10
  412  calendar days after such denial, state in writing the specific
  413  reasons, based upon the criteria in sub-subparagraph b.,
  414  supporting its denial of the application and must provide the
  415  letter of denial and supporting documentation to the applicant
  416  and to the Department of Education. The applicant may appeal the
  417  sponsor’s denial of the application directly to the State Board
  418  of Education and, if an appeal is filed, must provide a copy of
  419  the appeal to the sponsor pursuant to paragraph (c) sub
  420  subparagraph (c)3.b.
  421         4. For budget projection purposes, the sponsor shall report
  422  to the Department of Education the approval or denial of an a
  423  charter application within 10 calendar days after such approval
  424  or denial. In the event of approval, the report to the
  425  Department of Education shall include the final projected FTE
  426  for the approved charter school.
  427         5. Upon approval of an a charter application, the initial
  428  startup shall commence with the beginning of the public school
  429  calendar for the district in which the charter is granted unless
  430  the sponsor allows a waiver of this subparagraph for good cause.
  431         (7) CHARTER.—The major issues involving the operation of a
  432  charter school shall be considered in advance and written into
  433  the charter. The charter shall be signed by the governing board
  434  of the charter school and the sponsor, following a public
  435  hearing to ensure community input.
  436         (a) The charter shall address and criteria for approval of
  437  the charter shall be based on:
  438         1. The school’s mission, the students to be served, and the
  439  ages and grades to be included.
  440         2. The focus of the curriculum, the instructional methods
  441  to be used, any distinctive instructional techniques to be
  442  employed, and identification and acquisition of appropriate
  443  technologies needed to improve educational and administrative
  444  performance which include a means for promoting safe, ethical,
  445  and appropriate uses of technology which comply with legal and
  446  professional standards.
  447         a. The charter shall ensure that reading is a primary focus
  448  of the curriculum and that resources are provided to identify
  449  and provide specialized instruction for students who are reading
  450  below grade level. The curriculum and instructional strategies
  451  for reading must be consistent with the Next Generation Sunshine
  452  State Standards and evidence-based grounded in scientifically
  453  based reading research.
  454         b. In order to provide students with access to diverse
  455  instructional delivery models, to facilitate the integration of
  456  technology within traditional classroom instruction, and to
  457  provide students with the skills they need to compete in the
  458  21st century economy, the Legislature encourages instructional
  459  methods for blended learning courses consisting of both
  460  traditional classroom and online instructional techniques.
  461  Charter schools may implement blended learning courses which
  462  combine traditional classroom instruction and virtual
  463  instruction. Students in a blended learning course must be full
  464  time students of the charter school and receive the online
  465  instruction in a classroom setting at the charter school.
  466  Instructional personnel certified pursuant to s. 1012.55 who
  467  provide virtual instruction for blended learning courses may be
  468  employees of the charter school or may be under contract to
  469  provide instructional services to charter school students. At a
  470  minimum, such instructional personnel must hold an active state
  471  or school district adjunct certification under s. 1012.57 for
  472  the subject area of the blended learning course. The funding and
  473  performance accountability requirements for blended learning
  474  courses are the same as those for traditional courses.
  475         3. The current incoming baseline standard of student
  476  academic achievement, the outcomes to be achieved, and the
  477  method of measurement that will be used. The criteria listed in
  478  this subparagraph shall include a detailed description of:
  479         a. How the baseline student academic achievement levels and
  480  prior rates of academic progress will be established.
  481         b. How these baseline rates will be compared to rates of
  482  academic progress achieved by these same students while
  483  attending the charter school.
  484         c. To the extent possible, how these rates of progress will
  485  be evaluated and compared with rates of progress of other
  486  closely comparable student populations.
  487  
  488  The district school board is required to provide academic
  489  student performance data to charter schools for each of their
  490  students coming from the district school system, as well as
  491  rates of academic progress of comparable student populations in
  492  the district school system.
  493         4. The methods used to identify the educational strengths
  494  and needs of students and how well educational goals and
  495  performance standards are met by students attending the charter
  496  school. The methods shall provide a means for the charter school
  497  to ensure accountability to its constituents by analyzing
  498  student performance data and by evaluating the effectiveness and
  499  efficiency of its major educational programs. Students in
  500  charter schools shall, at a minimum, participate in the
  501  statewide assessment program created under s. 1008.22.
  502         5. In secondary charter schools, a method for determining
  503  that a student has satisfied the requirements for graduation in
  504  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  505         6. A method for resolving conflicts between the governing
  506  board of the charter school and the sponsor.
  507         7. The admissions procedures and dismissal procedures,
  508  including the school’s code of student conduct. Admission or
  509  dismissal must not be based on a student’s academic performance.
  510         8. The ways by which the school will achieve a
  511  racial/ethnic balance reflective of the community it serves or
  512  within the racial/ethnic range of other public schools in the
  513  same school district.
  514         9. The financial and administrative management of the
  515  school, including a reasonable demonstration of the professional
  516  experience or competence of those individuals or organizations
  517  applying to operate the charter school or those hired or
  518  retained to perform such professional services and the
  519  description of clearly delineated responsibilities and the
  520  policies and practices needed to effectively manage the charter
  521  school. A description of internal audit procedures and
  522  establishment of controls to ensure that financial resources are
  523  properly managed must be included. Both public sector and
  524  private sector professional experience shall be equally valid in
  525  such a consideration.
  526         10. The asset and liability projections required in the
  527  application which are incorporated into the charter and shall be
  528  compared with information provided in the annual report of the
  529  charter school.
  530         11. A description of procedures that identify various risks
  531  and provide for a comprehensive approach to reduce the impact of
  532  losses; plans to ensure the safety and security of students and
  533  staff; plans to identify, minimize, and protect others from
  534  violent or disruptive student behavior; and the manner in which
  535  the school will be insured, including whether or not the school
  536  will be required to have liability insurance, and, if so, the
  537  terms and conditions thereof and the amounts of coverage.
  538         12. The term of the charter which shall provide for
  539  cancellation of the charter if insufficient progress has been
  540  made in attaining the student achievement objectives of the
  541  charter and if it is not likely that such objectives can be
  542  achieved before expiration of the charter. The initial term of a
  543  charter shall be for 4 or 5 years. In order to facilitate access
  544  to long-term financial resources for charter school
  545  construction, charter schools that are operated by a
  546  municipality or other public entity as provided by law are
  547  eligible for up to a 15-year charter, subject to approval by the
  548  district school board. A charter lab school is eligible for a
  549  charter for a term of up to 15 years. In addition, to facilitate
  550  access to long-term financial resources for charter school
  551  construction, charter schools that are operated by a private,
  552  not-for-profit, s. 501(c)(3) status corporation are eligible for
  553  up to a 15-year charter, subject to approval by the district
  554  school board. Such long-term charters remain subject to annual
  555  review and may be terminated during the term of the charter, but
  556  only according to the provisions set forth in subsection (8).
  557         13. The facilities to be used and their location. The
  558  sponsor may not require a charter school to have a certificate
  559  of occupancy or a temporary certificate of occupancy for such a
  560  facility earlier than 15 calendar days before the first day of
  561  school.
  562         14. The qualifications to be required of the teachers and
  563  the potential strategies used to recruit, hire, train, and
  564  retain qualified staff to achieve best value.
  565         15. The governance structure of the school, including the
  566  status of the charter school as a public or private employer as
  567  required in paragraph (12)(i).
  568         16. A timetable for implementing the charter which
  569  addresses the implementation of each element thereof and the
  570  date by which the charter shall be awarded in order to meet this
  571  timetable.
  572         17. In the case of an existing public school that is being
  573  converted to charter status, alternative arrangements for
  574  current students who choose not to attend the charter school and
  575  for current teachers who choose not to teach in the charter
  576  school after conversion in accordance with the existing
  577  collective bargaining agreement or district school board rule in
  578  the absence of a collective bargaining agreement. However,
  579  alternative arrangements shall not be required for current
  580  teachers who choose not to teach in a charter lab school, except
  581  as authorized by the employment policies of the state university
  582  which grants the charter to the lab school.
  583         18. Full disclosure of the identity of all relatives
  584  employed by the charter school who are related to the charter
  585  school owner, president, chairperson of the governing board of
  586  directors, superintendent, governing board member, principal,
  587  assistant principal, or any other person employed by the charter
  588  school who has equivalent decisionmaking authority. For the
  589  purpose of this subparagraph, the term “relative” means father,
  590  mother, son, daughter, brother, sister, uncle, aunt, first
  591  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  592  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  593  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  594  stepsister, half brother, or half sister.
  595         19. Implementation of the activities authorized under s.
  596  1002.331 by the charter school when it satisfies the eligibility
  597  requirements for a high-performing charter school. A high
  598  performing charter school shall notify its sponsor in writing by
  599  March 1 if it intends to increase enrollment or expand grade
  600  levels the following school year. The written notice shall
  601  specify the amount of the enrollment increase and the grade
  602  levels that will be added, as applicable.
  603         (d)1.A charter may be terminated by a charter school’s
  604  governing board through voluntary closure. The decision to cease
  605  operations must be determined at a public meeting. The governing
  606  board shall notify the parents and sponsor of the public meeting
  607  in writing before the public meeting. The governing board must
  608  notify the sponsor, parents of enrolled students, and the
  609  department in writing within 24 hours after the public meeting
  610  of its determination. The notice shall state the charter
  611  school’s intent to continue operations or the reason for the
  612  closure and acknowledge that the governing board agrees to
  613  follow the procedures for dissolution and reversion of public
  614  funds pursuant to paragraphs (8)(e)-(g) and (9)(o) Each charter
  615  school’s governing board must appoint a representative to
  616  facilitate parental involvement, provide access to information,
  617  assist parents and others with questions and concerns, and
  618  resolve disputes. The representative must reside in the school
  619  district in which the charter school is located and may be a
  620  governing board member, charter school employee, or individual
  621  contracted to represent the governing board. If the governing
  622  board oversees multiple charter schools in the same school
  623  district, the governing board must appoint a separate individual
  624  representative for each charter school in the district. The
  625  representative’s contact information must be provided annually
  626  in writing to parents and posted prominently on the charter
  627  school’s website if a website is maintained by the school. The
  628  sponsor may not require that governing board members reside in
  629  the school district in which the charter school is located if
  630  the charter school complies with this paragraph.
  631         2.Each charter school’s governing board must hold at least
  632  two public meetings per school year in the school district. The
  633  meetings must be noticed, open, and accessible to the public,
  634  and attendees must be provided an opportunity to receive
  635  information and provide input regarding the charter school’s
  636  operations. The appointed representative and charter school
  637  principal or director, or his or her equivalent, must be
  638  physically present at each meeting.
  639         (9) CHARTER SCHOOL REQUIREMENTS.—
  640         (g)1. In order to provide financial information that is
  641  comparable to that reported for other public schools, charter
  642  schools are to maintain all financial records that constitute
  643  their accounting system:
  644         a. In accordance with the accounts and codes prescribed in
  645  the most recent issuance of the publication titled “Financial
  646  and Program Cost Accounting and Reporting for Florida Schools”;
  647  or
  648         b. At the discretion of the charter school’s governing
  649  board, a charter school may elect to follow generally accepted
  650  accounting standards for not-for-profit organizations, but must
  651  reformat this information for reporting according to this
  652  paragraph.
  653         2. Charter schools shall provide annual financial report
  654  and program cost report information in the state-required
  655  formats for inclusion in district reporting in compliance with
  656  s. 1011.60(1). Charter schools that are operated by a
  657  municipality or are a component unit of a parent nonprofit
  658  organization may use the accounting system of the municipality
  659  or the parent but must reformat this information for reporting
  660  according to this paragraph.
  661         3. A charter school shall, upon approval of the charter
  662  contract, provide the sponsor with a concise, uniform, monthly
  663  financial statement summary sheet that contains a balance sheet
  664  and a statement of revenue, expenditures, and changes in fund
  665  balance. The balance sheet and the statement of revenue,
  666  expenditures, and changes in fund balance shall be in the
  667  governmental funds format prescribed by the Governmental
  668  Accounting Standards Board. A high-performing charter school
  669  pursuant to s. 1002.331 may provide a quarterly financial
  670  statement in the same format and requirements as the uniform
  671  monthly financial statement summary sheet. The sponsor shall
  672  review each monthly or quarterly financial statement to identify
  673  the existence of any conditions identified in s. 1002.345(1)(a).
  674         4. A charter school shall maintain and provide financial
  675  information as required in this paragraph. The financial
  676  statement required in subparagraph 3. must be in a form
  677  prescribed by the Department of Education.
  678         (n)1. The director and a representative of the governing
  679  board of a charter school that has earned a grade of “D” or “F”
  680  pursuant to s. 1008.34 shall appear before the sponsor to
  681  present information concerning each contract component having
  682  noted deficiencies. The director and a representative of the
  683  governing board shall submit to the sponsor for approval a
  684  school improvement plan to raise student performance. Upon
  685  approval by the sponsor, the charter school shall begin
  686  implementation of the school improvement plan. The department
  687  shall offer technical assistance and training to the charter
  688  school and its governing board and establish guidelines for
  689  developing, submitting, and approving such plans.
  690         2.a. If a charter school earns three consecutive grades of
  691  “D,” two consecutive grades of “D” followed by a grade of “F,”
  692  or two nonconsecutive grades of “F” within a 3-year period, the
  693  charter school governing board shall choose one of the following
  694  corrective actions:
  695         (I) Contract for educational services to be provided
  696  directly to students, instructional personnel, and school
  697  administrators, as prescribed in state board rule;
  698         (II) Contract with an outside entity that has a
  699  demonstrated record of effectiveness to operate the school;
  700         (III) Reorganize the school under a new director or
  701  principal who is authorized to hire new staff; or
  702         (IV) Voluntarily close the charter school.
  703         b. The charter school must implement the corrective action
  704  in the school year following receipt of a third consecutive
  705  grade of “D,” a grade of “F” following two consecutive grades of
  706  “D,” or a second nonconsecutive grade of “F” within a 3-year
  707  period.
  708         c. The sponsor may annually waive a corrective action if it
  709  determines that the charter school is likely to improve a letter
  710  grade if additional time is provided to implement the
  711  intervention and support strategies prescribed by the school
  712  improvement plan. Notwithstanding this sub-subparagraph, a
  713  charter school that earns a second consecutive grade of “F” is
  714  subject to subparagraph 4.
  715         d. A charter school is no longer required to implement a
  716  corrective action if it improves by at least one letter grade.
  717  However, the charter school must continue to implement
  718  strategies identified in the school improvement plan. The
  719  sponsor must annually review implementation of the school
  720  improvement plan to monitor the school’s continued improvement
  721  pursuant to subparagraph 5.
  722         e. A charter school implementing a corrective action that
  723  does not improve by at least one letter grade after 2 full
  724  school years of implementing the corrective action must select a
  725  different corrective action. Implementation of the new
  726  corrective action must begin in the school year following the
  727  implementation period of the existing corrective action, unless
  728  the sponsor determines that the charter school is likely to
  729  improve a letter grade if additional time is provided to
  730  implement the existing corrective action. Notwithstanding this
  731  sub-subparagraph, a charter school that earns a second
  732  consecutive grade of “F” while implementing a corrective action
  733  is subject to subparagraph 4.
  734         3. A charter school with a grade of “D” or “F” that
  735  improves by at least one letter grade must continue to implement
  736  the strategies identified in the school improvement plan. The
  737  sponsor must annually review implementation of the school
  738  improvement plan to monitor the school’s continued improvement
  739  pursuant to subparagraph 5.
  740         4. A charter school’s charter contract is automatically
  741  terminated if the school earns two consecutive grades of “F”
  742  after all school grade appeals are final The sponsor shall
  743  terminate a charter if the charter school earns two consecutive
  744  grades of “F” unless:
  745         a. The charter school is established to turn around the
  746  performance of a district public school pursuant to s.
  747  1008.33(4)(b)3. Such charter schools shall be governed by s.
  748  1008.33;
  749         b. The charter school serves a student population the
  750  majority of which resides in a school zone served by a district
  751  public school that earned a grade of “F” in the year before the
  752  charter school opened and the charter school earns at least a
  753  grade of “D” in its third year of operation. The exception
  754  provided under this sub-subparagraph does not apply to a charter
  755  school in its fourth year of operation and thereafter; or
  756         c. The state board grants the charter school a waiver of
  757  termination. The charter school must request the waiver within
  758  15 days after the department’s official release of school
  759  grades. The state board may waive termination if the charter
  760  school demonstrates that the Learning Gains of its students on
  761  statewide assessments are comparable to or better than the
  762  Learning Gains of similarly situated students enrolled in nearby
  763  district public schools. The waiver is valid for 1 year and may
  764  only be granted once. Charter schools that have been in
  765  operation for more than 5 years are not eligible for a waiver
  766  under this sub-subparagraph.
  767  
  768  The sponsor shall notify the charter school’s governing board,
  769  the charter school principal, and the department in writing when
  770  a charter contract is terminated under this subparagraph. The
  771  letter of termination must meet the requirements of paragraph
  772  (8)(c). A charter terminated under this subparagraph must follow
  773  the procedures for dissolution and reversion of public funds
  774  pursuant to paragraphs (8)(e)-(g) and (9)(o).
  775         5. The director and a representative of the governing board
  776  of a graded charter school that has implemented a school
  777  improvement plan under this paragraph shall appear before the
  778  sponsor at least once a year to present information regarding
  779  the progress of intervention and support strategies implemented
  780  by the school pursuant to the school improvement plan and
  781  corrective actions, if applicable. The sponsor shall communicate
  782  at the meeting, and in writing to the director, the services
  783  provided to the school to help the school address its
  784  deficiencies.
  785         6. Notwithstanding any provision of this paragraph except
  786  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  787  at any time pursuant to subsection (8).
  788         (p)1. Each charter school shall maintain a website that
  789  enables the public to obtain information regarding the school;
  790  the school’s academic performance; the names of the governing
  791  board members; the programs at the school; any management
  792  companies, service providers, or education management
  793  corporations associated with the school; the school’s annual
  794  budget and its annual independent fiscal audit; the school’s
  795  grade pursuant to s. 1008.34; and, on a quarterly basis, the
  796  minutes of governing board meetings.
  797         2.Each charter school’s governing board must appoint a
  798  representative to facilitate parental involvement, provide
  799  access to information, assist parents and others with questions
  800  and concerns, and resolve disputes. The representative must
  801  reside in the school district in which the charter school is
  802  located and may be a governing board member, a charter school
  803  employee, or an individual contracted to represent the governing
  804  board. If the governing board oversees multiple charter schools
  805  in the same school district, the governing board must appoint a
  806  separate representative for each charter school in the district.
  807  The representative’s contact information must be provided
  808  annually in writing to parents and posted prominently on the
  809  charter school’s website. The sponsor may not require governing
  810  board members to reside in the school district in which the
  811  charter school is located if the charter school complies with
  812  this subparagraph.
  813         3.Each charter school’s governing board must hold at least
  814  two public meetings per school year in the school district where
  815  the charter school is located. The meetings must be noticed,
  816  open, and accessible to the public, and attendees must be
  817  provided an opportunity to receive information and provide input
  818  regarding the charter school’s operations. The appointed
  819  representative and charter school principal or director, or his
  820  or her designee, must be physically present at each meeting.
  821         (10) ELIGIBLE STUDENTS.—
  822         (d) A charter school may give enrollment preference to the
  823  following student populations:
  824         1. Students who are siblings of a student enrolled in the
  825  charter school.
  826         2. Students who are the children of a member of the
  827  governing board of the charter school.
  828         3. Students who are the children of an employee of the
  829  charter school.
  830         4. Students who are the children of:
  831         a. An employee of the business partner of a charter school
  832  in-the-workplace established under paragraph (15)(b) or a
  833  resident of the municipality in which such charter school is
  834  located; or
  835         b. A resident of a municipality that operates a charter
  836  school-in-a-municipality pursuant to paragraph (15)(c).
  837         5. Students who have successfully completed a voluntary
  838  prekindergarten education program under ss. 1002.51-1002.79
  839  provided by the charter school or the charter school’s governing
  840  board during the previous year.
  841         6. Students who are the children of an active duty member
  842  of any branch of the United States Armed Forces.
  843         7.Students who attended or are assigned to failing schools
  844  pursuant to s. 1002.38(2).
  845         (17) FUNDING.—Students enrolled in a charter school,
  846  regardless of the sponsorship, shall be funded as if they are in
  847  a basic program or a special program, the same as students
  848  enrolled in other public schools in the school district. Funding
  849  for a charter lab school shall be as provided in s. 1002.32.
  850         (b) The basis for the agreement for funding students
  851  enrolled in a charter school shall be the sum of the school
  852  district’s operating funds from the Florida Education Finance
  853  Program as provided in s. 1011.62 and the General Appropriations
  854  Act, including gross state and local funds, discretionary
  855  lottery funds, and funds from the school district’s current
  856  operating discretionary millage levy; divided by total funded
  857  weighted full-time equivalent students in the school district;
  858  multiplied by the weighted full-time equivalent students for the
  859  charter school. Charter schools whose students or programs meet
  860  the eligibility criteria in law are entitled to their
  861  proportionate share of categorical program funds included in the
  862  total funds available in the Florida Education Finance Program
  863  by the Legislature, including transportation, the research-based
  864  reading allocation, and the Florida digital classrooms
  865  allocation. Total funding for each charter school shall be
  866  recalculated during the year to reflect the revised calculations
  867  under the Florida Education Finance Program by the state and the
  868  actual weighted full-time equivalent students reported by the
  869  charter school during the full-time equivalent student survey
  870  periods designated by the Commissioner of Education.
  871         (20) SERVICES.—
  872         (a)1. A sponsor shall provide certain administrative and
  873  educational services to charter schools. These services shall
  874  include contract management services; full-time equivalent and
  875  data reporting services; exceptional student education
  876  administration services; services related to eligibility and
  877  reporting duties required to ensure that school lunch services
  878  under the federal lunch program, consistent with the needs of
  879  the charter school, are provided by the school district at the
  880  request of the charter school, that any funds due to the charter
  881  school under the federal lunch program be paid to the charter
  882  school as soon as the charter school begins serving food under
  883  the federal lunch program, and that the charter school is paid
  884  at the same time and in the same manner under the federal lunch
  885  program as other public schools serviced by the sponsor or the
  886  school district; test administration services, including payment
  887  of the costs of state-required or district-required student
  888  assessments; processing of teacher certificate data services;
  889  and information services, including equal access to student
  890  information systems that are used by public schools in the
  891  district in which the charter school is located. Student
  892  performance data for each student in a charter school,
  893  including, but not limited to, FCAT scores, standardized test
  894  scores, previous public school student report cards, and student
  895  performance measures, shall be provided by the sponsor to a
  896  charter school in the same manner provided to other public
  897  schools in the district.
  898         2. A total administrative fee for the provision of such
  899  services shall be calculated based upon up to 5 percent of the
  900  available funds defined in paragraph (17)(b) for all students,
  901  except that when 75 percent or more of the students enrolled in
  902  the charter school are exceptional students as defined in s.
  903  1003.01(3), the 5 percent of those available funds shall be
  904  calculated based on unweighted full-time equivalent students.
  905  However, a sponsor may only withhold up to a 5-percent
  906  administrative fee for enrollment for up to and including 250
  907  students. For charter schools with a population of 251 or more
  908  students, the difference between the total administrative fee
  909  calculation and the amount of the administrative fee withheld
  910  may only be used for capital outlay purposes specified in s.
  911  1013.62(2).
  912         3. For high-performing charter schools, as defined in s.
  913  1002.331 ch. 2011-232, a sponsor may withhold a total
  914  administrative fee of up to 2 percent for enrollment up to and
  915  including 250 students per school.
  916         4. In addition, a sponsor may withhold only up to a 5
  917  percent administrative fee for enrollment for up to and
  918  including 500 students within a system of charter schools which
  919  meets all of the following:
  920         a. Includes both conversion charter schools and
  921  nonconversion charter schools;
  922         b. Has all schools located in the same county;
  923         c. Has a total enrollment exceeding the total enrollment of
  924  at least one school district in the state;
  925         d. Has the same governing board; and
  926         e. Does not contract with a for-profit service provider for
  927  management of school operations.
  928         5. The difference between the total administrative fee
  929  calculation and the amount of the administrative fee withheld
  930  pursuant to subparagraph 4. may be used for instructional and
  931  administrative purposes as well as for capital outlay purposes
  932  specified in s. 1013.62(2).
  933         6. For a high-performing charter school system that also
  934  meets the requirements in subparagraph 4., a sponsor may
  935  withhold a 2-percent administrative fee for enrollments up to
  936  and including 500 students per system.
  937         7. Sponsors shall not charge charter schools any additional
  938  fees or surcharges for administrative and educational services
  939  in addition to the maximum 5-percent administrative fee withheld
  940  pursuant to this paragraph.
  941         8. The sponsor of a virtual charter school may withhold a
  942  fee of up to 5 percent. The funds shall be used to cover the
  943  cost of services provided under subparagraph 1. and
  944  implementation of the school district’s digital classrooms plan
  945  pursuant to s. 1011.62.
  946         Section 6. Paragraph (a) of subsection (3) of section
  947  1002.37, Florida Statutes, is amended to read:
  948         1002.37 The Florida Virtual School.—
  949         (3) Funding for the Florida Virtual School shall be
  950  provided as follows:
  951         (a)1. The calculation of “full-time equivalent student”
  952  shall be as prescribed in s. 1011.61(1)(c)1.b.(V) and is subject
  953  to s. 1011.61(4) For a student in grades 9 through 12, a “full
  954  time equivalent student” is one student who has successfully
  955  completed six full-credit courses that count toward the minimum
  956  number of credits required for high school graduation. A student
  957  who completes fewer than six full-credit courses is a fraction
  958  of a full-time equivalent student. Half-credit course
  959  completions shall be included in determining a full-time
  960  equivalent student.
  961         2.For a student in kindergarten through grade 8, a “full
  962  time equivalent student” is one student who has successfully
  963  completed six courses or the prescribed level of content that
  964  counts toward promotion to the next grade. A student who
  965  completes fewer than six courses or the prescribed level of
  966  content shall be a fraction of a full-time equivalent student.
  967         2.3. For a student in a home education program, funding
  968  shall be provided in accordance with this subsection upon course
  969  completion if the parent verifies, upon enrollment for each
  970  course, that the student is registered with the school district
  971  as a home education student pursuant to s. 1002.41(1)(a).
  972  Beginning in the 2016-2017 fiscal year, the reported full-time
  973  equivalent students and associated funding of students enrolled
  974  in courses requiring passage of an end-of-course assessment
  975  under s. 1003.4282 to earn a standard high school diploma shall
  976  be adjusted if the student does not pass the end-of-course
  977  assessment. However, no adjustment shall be made for home
  978  education program students who choose not to take an end-of
  979  course assessment or for a student who enrolls in a segmented
  980  remedial course delivered online.
  981  
  982  For purposes of this paragraph, the calculation of “full-time
  983  equivalent student” shall be as prescribed in s.
  984  1011.61(1)(c)1.b.(V) and is subject to the requirements in s.
  985  1011.61(4).
  986         Section 7. Paragraph (c) of subsection (7) and paragraphs
  987  (c) and (d) of subsection (8) of section 1002.45, Florida
  988  Statutes, are amended to read:
  989         1002.45 Virtual instruction programs.—
  990         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
  991  FUNDING.—
  992         (e) Beginning in the 2016-2017 fiscal year, the reported
  993  full-time equivalent students and associated funding of students
  994  enrolled in courses requiring passage of an end-of-course
  995  assessment under s. 1003.4282 to earn a standard high school
  996  diploma shall be adjusted if the student does not pass the end
  997  of-course assessment. However, no adjustment shall be made for a
  998  student who enrolls in a segmented remedial course delivered
  999  online.
 1000         (8) ASSESSMENT AND ACCOUNTABILITY.—
 1001         (c) An approved provider that receives a school grade of
 1002  “D” or “F” under s. 1008.34 or a school improvement rating of
 1003  “Unsatisfactory” “Declining” under s. 1008.341 must file a
 1004  school improvement plan with the department for consultation to
 1005  determine the causes for low performance and to develop a plan
 1006  for correction and improvement.
 1007         (d) An approved provider’s contract must be terminated if
 1008  the provider receives a school grade of “D” or “F” under s.
 1009  1008.34 or a school improvement rating of “Unsatisfactory”
 1010  “Declining” under s. 1008.341 for 2 years during any consecutive
 1011  4-year period or has violated any qualification requirement
 1012  pursuant to subsection (2). A provider that has a contract
 1013  terminated under this paragraph may not be an approved provider
 1014  for a period of at least 1 year after the date upon which the
 1015  contract was terminated and until the department determines that
 1016  the provider is in compliance with subsection (2) and has
 1017  corrected each cause of the provider’s low performance.
 1018         Section 8. Section 1003.3101, Florida Statutes, is created
 1019  to read:
 1020         1003.3101Additional educational choice options.—Each
 1021  school district board shall establish a transfer process for a
 1022  parent to request his or her child be transferred to another
 1023  classroom teacher. This section does not give a parent the right
 1024  to choose a specific classroom teacher. A school must approve or
 1025  deny the transfer within 2 weeks after receiving a request. If a
 1026  request for transfer is denied, the school must notify the
 1027  parent and specify the reasons for the denial. An explanation of
 1028  the transfer process must be made available in the student
 1029  handbook or a similar publication.
 1030         Section 9. Subsection (3) of section 1003.4295, Florida
 1031  Statutes, is amended to read:
 1032         1003.4295 Acceleration options.—
 1033         (3) The Credit Acceleration Program (CAP) is created for
 1034  the purpose of allowing a student to earn high school credit in
 1035  courses required for high school graduation through passage of
 1036  an end–of-course assessment Algebra I, Algebra II, geometry,
 1037  United States history, or biology if the student passes the
 1038  statewide, standardized assessment administered under s.
 1039  1008.22, an Advanced Placement Examination, or a College Level
 1040  Examination Program (CLEP). Notwithstanding s. 1003.436, a
 1041  school district shall award course credit to a student who is
 1042  not enrolled in the course, or who has not completed the course,
 1043  if the student attains a passing score on the corresponding end
 1044  of-course assessment, Advanced Placement Examination, or CLEP
 1045  statewide, standardized assessment. The school district shall
 1046  permit a public school or home education student who is not
 1047  enrolled in the course, or who has not completed the course, to
 1048  take the assessment or examination during the regular
 1049  administration of the assessment or examination.
 1050         Section 10. Effective June 29, 2016, section 1004.935,
 1051  Florida Statutes, is amended to read:
 1052         1004.935 Adults with Disabilities Workforce Education Pilot
 1053  Program.—
 1054         (1) The Adults with Disabilities Workforce Education Pilot
 1055  Program is established in the Department of Education through
 1056  June 30, 2016, in Hardee, DeSoto, Manatee, and Sarasota Counties
 1057  to provide the option of receiving a scholarship for instruction
 1058  at private schools for up to 30 students who:
 1059         (a) Have a disability;
 1060         (b) Are 22 years of age;
 1061         (c) Are receiving instruction from an instructor in a
 1062  private school to meet the high school graduation requirements
 1063  in s. 1002.3105(5) or s. 1003.4282;
 1064         (d) Do not have a standard high school diploma or a special
 1065  high school diploma; and
 1066         (e) Receive “supported employment services,” which means
 1067  employment that is located or provided in an integrated work
 1068  setting with earnings paid on a commensurate wage basis and for
 1069  which continued support is needed for job maintenance.
 1070  
 1071  As used in this section, the term “student with a disability”
 1072  includes a student who is documented as having an intellectual
 1073  disability; a speech impairment; a language impairment; a
 1074  hearing impairment, including deafness; a visual impairment,
 1075  including blindness; a dual sensory impairment; an orthopedic
 1076  impairment; another health impairment; an emotional or
 1077  behavioral disability; a specific learning disability,
 1078  including, but not limited to, dyslexia, dyscalculia, or
 1079  developmental aphasia; a traumatic brain injury; a developmental
 1080  delay; or autism spectrum disorder.
 1081         (2) A student participating in the pilot program may
 1082  continue to participate in the program until the student
 1083  graduates from high school or reaches the age of 40 years,
 1084  whichever occurs first.
 1085         (3) Supported employment services may be provided at more
 1086  than one site.
 1087         (4) The provider of supported employment services must be a
 1088  nonprofit corporation under s. 501(c)(3) of the Internal Revenue
 1089  Code which serves Hardee County, DeSoto County, Manatee County,
 1090  or Sarasota County and must contract with a private school in
 1091  this state which meets the requirements in subsection (5).
 1092         (5) A private school that participates in the pilot program
 1093  may be sectarian or nonsectarian and must:
 1094         (a) Be academically accountable for meeting the educational
 1095  needs of the student by annually providing to the provider of
 1096  supported employment services a written explanation of the
 1097  student’s progress.
 1098         (b) Comply with the antidiscrimination provisions of 42
 1099  U.S.C. s. 2000d.
 1100         (c) Meet state and local health and safety laws and codes.
 1101         (d) Provide to the provider of supported employment
 1102  services all documentation required for a student’s
 1103  participation, including the private school’s and student’s fee
 1104  schedules, at least 30 days before any quarterly scholarship
 1105  payment is made for the student. A student is not eligible to
 1106  receive a quarterly scholarship payment if the private school
 1107  fails to meet this deadline.
 1108  
 1109  The inability of a private school to meet the requirements of
 1110  this subsection constitutes a basis for the ineligibility of the
 1111  private school to participate in the pilot program.
 1112         (6)(a) If the student chooses to participate in the pilot
 1113  program and is accepted by the provider of supported employment
 1114  services, the student must notify the Department of Education of
 1115  his or her acceptance into the program 60 days before the first
 1116  scholarship payment and before participating in the pilot
 1117  program in order to be eligible for the scholarship.
 1118         (b) Upon receipt of a scholarship warrant, the student or
 1119  parent to whom the warrant is made must restrictively endorse
 1120  the warrant to the provider of supported employment services for
 1121  deposit into the account of the provider. The student or parent
 1122  may not designate any entity or individual associated with the
 1123  participating provider of supported employment services as the
 1124  student’s or parent’s attorney in fact to endorse a scholarship
 1125  warrant. A participant who fails to comply with this paragraph
 1126  forfeits the scholarship.
 1127         (7) Funds for the scholarship shall be provided from the
 1128  appropriation from the school district’s Workforce Development
 1129  Fund in the General Appropriations Act for students who reside
 1130  in the Hardee County School District, the DeSoto County School
 1131  District, the Manatee County School District, or the Sarasota
 1132  County School District. During the pilot program, The
 1133  scholarship amount granted for an eligible student with a
 1134  disability shall be equal to the cost per unit of a full-time
 1135  equivalent adult general education student, multiplied by the
 1136  adult general education funding factor, and multiplied by the
 1137  district cost differential pursuant to the formula required by
 1138  s. 1011.80(6)(a) for the district in which the student resides.
 1139         (8) Upon notification by the Department of Education that
 1140  it has received the required documentation, the Chief Financial
 1141  Officer shall make scholarship payments in four equal amounts no
 1142  later than September 1, November 1, February 1, and April 1 of
 1143  each academic year in which the scholarship is in force. The
 1144  initial payment shall be made after the Department of Education
 1145  verifies that the student was accepted into the pilot program,
 1146  and subsequent payments shall be made upon verification of
 1147  continued participation in the pilot program. Payment must be by
 1148  individual warrant made payable to the student or parent and
 1149  mailed by the Department of Education to the provider of
 1150  supported employment services, and the student or parent shall
 1151  restrictively endorse the warrant to the provider of supported
 1152  employment services for deposit into the account of that
 1153  provider.
 1154         (9) Subsequent to each scholarship payment, the Department
 1155  of Education shall request from the Department of Financial
 1156  Services a sample of endorsed warrants to review and confirm
 1157  compliance with endorsement requirements.
 1158         Section 11. Subsection (3) and paragraph (a) of subsection
 1159  (8) of section 1006.15, Florida Statutes, are amended, and
 1160  subsection (9) is added to that section, to read:
 1161         1006.15 Student standards for participation in
 1162  interscholastic and intrascholastic extracurricular student
 1163  activities; regulation.—
 1164         (3)(a) As used in this section and s. 1006.20, the term
 1165  “eligible to participate” includes, but is not limited to, a
 1166  student participating in tryouts, off-season conditioning,
 1167  summer workouts, preseason conditioning, in-season practice, or
 1168  contests. The term does not mean that a student must be placed
 1169  on any specific team for interscholastic or intrascholastic
 1170  extracurricular activities. To be eligible to participate in
 1171  interscholastic extracurricular student activities, a student
 1172  must:
 1173         1. Maintain a grade point average of 2.0 or above on a 4.0
 1174  scale, or its equivalent, in the previous semester or a
 1175  cumulative grade point average of 2.0 or above on a 4.0 scale,
 1176  or its equivalent, in the courses required by s. 1002.3105(5) or
 1177  s. 1003.4282.
 1178         2. Execute and fulfill the requirements of an academic
 1179  performance contract between the student, the district school
 1180  board, the appropriate governing association, and the student’s
 1181  parents, if the student’s cumulative grade point average falls
 1182  below 2.0, or its equivalent, on a 4.0 scale in the courses
 1183  required by s. 1002.3105(5) or s. 1003.4282. At a minimum, the
 1184  contract must require that the student attend summer school, or
 1185  its graded equivalent, between grades 9 and 10 or grades 10 and
 1186  11, as necessary.
 1187         3. Have a cumulative grade point average of 2.0 or above on
 1188  a 4.0 scale, or its equivalent, in the courses required by s.
 1189  1002.3105(5) or s. 1003.4282 during his or her junior or senior
 1190  year.
 1191         4. Maintain satisfactory conduct, including adherence to
 1192  appropriate dress and other codes of student conduct policies
 1193  described in s. 1006.07(2). If a student is convicted of, or is
 1194  found to have committed, a felony or a delinquent act that would
 1195  have been a felony if committed by an adult, regardless of
 1196  whether adjudication is withheld, the student’s participation in
 1197  interscholastic extracurricular activities is contingent upon
 1198  established and published district school board policy.
 1199         (b) Any student who is exempt from attending a full school
 1200  day based on rules adopted by the district school board for
 1201  double session schools or programs, experimental schools, or
 1202  schools operating under emergency conditions must maintain the
 1203  grade point average required by this section and pass each class
 1204  for which he or she is enrolled.
 1205         (c) An individual home education student is eligible to
 1206  participate at the public school to which the student would be
 1207  assigned according to district school board attendance area
 1208  policies or which the student could choose to attend pursuant to
 1209  district or interdistrict controlled open enrollment provisions,
 1210  or may develop an agreement to participate at a private school,
 1211  in the interscholastic extracurricular activities of that
 1212  school, provided the following conditions are met:
 1213         1. The home education student must meet the requirements of
 1214  the home education program pursuant to s. 1002.41.
 1215         2. During the period of participation at a school, the home
 1216  education student must demonstrate educational progress as
 1217  required in paragraph (b) in all subjects taken in the home
 1218  education program by a method of evaluation agreed upon by the
 1219  parent and the school principal which may include: review of the
 1220  student’s work by a certified teacher chosen by the parent;
 1221  grades earned through correspondence; grades earned in courses
 1222  taken at a Florida College System institution, university, or
 1223  trade school; standardized test scores above the 35th
 1224  percentile; or any other method designated in s. 1002.41.
 1225         3. The home education student must meet the same residency
 1226  requirements as other students in the school at which he or she
 1227  participates.
 1228         4. The home education student must meet the same standards
 1229  of acceptance, behavior, and performance as required of other
 1230  students in extracurricular activities.
 1231         5. The student must register with the school his or her
 1232  intent to participate in interscholastic extracurricular
 1233  activities as a representative of the school before the
 1234  beginning date of the season for the activity in which he or she
 1235  wishes to participate. A home education student must be able to
 1236  participate in curricular activities if that is a requirement
 1237  for an extracurricular activity.
 1238         6. A student who transfers from a home education program to
 1239  a public school before or during the first grading period of the
 1240  school year is academically eligible to participate in
 1241  interscholastic extracurricular activities during the first
 1242  grading period provided the student has a successful evaluation
 1243  from the previous school year, pursuant to subparagraph 2.
 1244         7. Any public school or private school student who has been
 1245  unable to maintain academic eligibility for participation in
 1246  interscholastic extracurricular activities is ineligible to
 1247  participate in such activities as a home education student until
 1248  the student has successfully completed one grading period in
 1249  home education pursuant to subparagraph 2. to become eligible to
 1250  participate as a home education student.
 1251         (d) An individual charter school student pursuant to s.
 1252  1002.33 is eligible to participate at the public school to which
 1253  the student would be assigned according to district school board
 1254  attendance area policies or which the student could choose to
 1255  attend, pursuant to district or interdistrict controlled open
 1256  enrollment provisions, in any interscholastic extracurricular
 1257  activity of that school, unless such activity is provided by the
 1258  student’s charter school, if the following conditions are met:
 1259         1. The charter school student must meet the requirements of
 1260  the charter school education program as determined by the
 1261  charter school governing board.
 1262         2. During the period of participation at a school, the
 1263  charter school student must demonstrate educational progress as
 1264  required in paragraph (b).
 1265         3. The charter school student must meet the same residency
 1266  requirements as other students in the school at which he or she
 1267  participates.
 1268         4. The charter school student must meet the same standards
 1269  of acceptance, behavior, and performance that are required of
 1270  other students in extracurricular activities.
 1271         5. The charter school student must register with the school
 1272  his or her intent to participate in interscholastic
 1273  extracurricular activities as a representative of the school
 1274  before the beginning date of the season for the activity in
 1275  which he or she wishes to participate. A charter school student
 1276  must be able to participate in curricular activities if that is
 1277  a requirement for an extracurricular activity.
 1278         6. A student who transfers from a charter school program to
 1279  a traditional public school before or during the first grading
 1280  period of the school year is academically eligible to
 1281  participate in interscholastic extracurricular activities during
 1282  the first grading period if the student has a successful
 1283  evaluation from the previous school year, pursuant to
 1284  subparagraph 2.
 1285         7. Any public school or private school student who has been
 1286  unable to maintain academic eligibility for participation in
 1287  interscholastic extracurricular activities is ineligible to
 1288  participate in such activities as a charter school student until
 1289  the student has successfully completed one grading period in a
 1290  charter school pursuant to subparagraph 2. to become eligible to
 1291  participate as a charter school student.
 1292         (e) A student of the Florida Virtual School full-time
 1293  program may participate in any interscholastic extracurricular
 1294  activity at the public school to which the student would be
 1295  assigned according to district school board attendance area
 1296  policies or which the student could choose to attend, pursuant
 1297  to district or interdistrict controlled open enrollment
 1298  policies, if the student:
 1299         1. During the period of participation in the
 1300  interscholastic extracurricular activity, meets the requirements
 1301  in paragraph (a).
 1302         2. Meets any additional requirements as determined by the
 1303  board of trustees of the Florida Virtual School.
 1304         3. Meets the same residency requirements as other students
 1305  in the school at which he or she participates.
 1306         4. Meets the same standards of acceptance, behavior, and
 1307  performance that are required of other students in
 1308  extracurricular activities.
 1309         5. Registers his or her intent to participate in
 1310  interscholastic extracurricular activities with the school
 1311  before the beginning date of the season for the activity in
 1312  which he or she wishes to participate. A Florida Virtual School
 1313  student must be able to participate in curricular activities if
 1314  that is a requirement for an extracurricular activity.
 1315         (f) A student who transfers from the Florida Virtual School
 1316  full-time program to a traditional public school before or
 1317  during the first grading period of the school year is
 1318  academically eligible to participate in interscholastic
 1319  extracurricular activities during the first grading period if
 1320  the student has a successful evaluation from the previous school
 1321  year pursuant to paragraph (a).
 1322         (g) A public school or private school student who has been
 1323  unable to maintain academic eligibility for participation in
 1324  interscholastic extracurricular activities is ineligible to
 1325  participate in such activities as a Florida Virtual School
 1326  student until the student successfully completes one grading
 1327  period in the Florida Virtual School pursuant to paragraph (a).
 1328         (h)1. A school district or charter school may not delay
 1329  eligibility or otherwise prevent a student participating in
 1330  controlled open enrollment, or a choice program, from being
 1331  immediately eligible to participate in interscholastic and
 1332  intrascholastic extracurricular activities.
 1333         2. A student participating in a sport at a school may not
 1334  participate in that same sport at another school during that
 1335  school year, unless the student meets one of the following
 1336  criteria:
 1337         a. Dependent children of active duty military personnel
 1338  whose move resulted from military orders.
 1339         b. Children who have been relocated due to a foster care
 1340  placement in a different school zone.
 1341         c. Children who move due to a court ordered change in
 1342  custody due to separation or divorce, or the serious illness or
 1343  death of a custodial parent.
 1344         d. Authorized for good cause in district or charter school
 1345  policy.
 1346         (8)(a) The Florida High School Athletic Association
 1347  (FHSAA), in cooperation with each district school board, shall
 1348  facilitate a program in which a middle school or high school
 1349  student who attends a private school shall be eligible to
 1350  participate in an interscholastic or intrascholastic sport at a
 1351  public high school, a public middle school, or a 6-12 public
 1352  school that is zoned for the physical address at which the
 1353  student resides if:
 1354         1. The private school in which the student is enrolled is
 1355  not a member of the FHSAA and does not offer an interscholastic
 1356  or intrascholastic athletic program.
 1357         2. The private school student meets the guidelines for the
 1358  conduct of the program established by the FHSAA’s board of
 1359  directors and the district school board. At a minimum, such
 1360  guidelines shall provide:
 1361         a. A deadline for each sport by which the private school
 1362  student’s parents must register with the public school in
 1363  writing their intent for their child to participate at that
 1364  school in the sport.
 1365         b. Requirements for a private school student to
 1366  participate, including, but not limited to, meeting the same
 1367  standards of eligibility, acceptance, behavior, educational
 1368  progress, and performance which apply to other students
 1369  participating in interscholastic or intrascholastic sports at a
 1370  public school or FHSAA member private school.
 1371         (9)(a) A student who transfers to a school during the
 1372  school year may seek to immediately join an existing team if the
 1373  roster for the specific interscholastic or intrascholastic
 1374  extracurricular activity has not reached the activity’s
 1375  identified maximum size and if the coach for the activity
 1376  determines that the student has the requisite skill and ability
 1377  to participate. The FHSAA and school district or charter school
 1378  may not declare such a student ineligible because the student
 1379  did not have the opportunity to comply with qualifying
 1380  requirements.
 1381         (b) A student participating in a sport at a school may not
 1382  participate in that same sport at another school during that
 1383  school year, unless the student meets one of the following
 1384  criteria:
 1385         1. Dependent children of active duty military personnel
 1386  whose move resulted from military orders.
 1387         2. Children who have been relocated due to a foster care
 1388  placement in a different school zone.
 1389         3. Children who move due to a court ordered change in
 1390  custody due to separation or divorce, or the serious illness or
 1391  death of a custodial parent.
 1392         4. Authorized for good cause in district or charter school
 1393  policy.
 1394         Section 12. Subsection (1) and paragraphs (a), (b), (c),
 1395  and (g) of subsection (2) of section 1006.20, Florida Statutes,
 1396  are amended to read:
 1397         1006.20 Athletics in public K-12 schools.—
 1398         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
 1399  School Athletic Association (FHSAA) is designated as the
 1400  governing nonprofit organization of athletics in Florida public
 1401  schools. If the FHSAA fails to meet the provisions of this
 1402  section, the commissioner shall designate a nonprofit
 1403  organization to govern athletics with the approval of the State
 1404  Board of Education. The FHSAA is not a state agency as defined
 1405  in s. 120.52. The FHSAA shall be subject to the provisions of s.
 1406  1006.19. A private school that wishes to engage in high school
 1407  athletic competition with a public high school may become a
 1408  member of the FHSAA. Any high school in the state, including
 1409  charter schools, virtual schools, and home education
 1410  cooperatives, may become a member of the FHSAA and participate
 1411  in the activities of the FHSAA. However, membership in the FHSAA
 1412  is not mandatory for any school. The FHSAA must allow a private
 1413  school the option of maintaining full membership in the
 1414  association or joining by sport and may not discourage a private
 1415  school from simultaneously maintaining membership in another
 1416  athletic association. The FHSAA may allow a public school the
 1417  option to apply for consideration to join another athletic
 1418  association. The FHSAA may not deny or discourage
 1419  interscholastic competition between its member schools and non
 1420  FHSAA member Florida schools, including members of another
 1421  athletic governing organization, and may not take any
 1422  retributory or discriminatory action against any of its member
 1423  schools that participate in interscholastic competition with
 1424  non-FHSAA member Florida schools. The FHSAA may not unreasonably
 1425  withhold its approval of an application to become an affiliate
 1426  member of the National Federation of State High School
 1427  Associations submitted by any other organization that governs
 1428  interscholastic athletic competition in this state. The bylaws
 1429  of the FHSAA are the rules by which high school athletic
 1430  programs in its member schools, and the students who participate
 1431  in them, are governed, unless otherwise specifically provided by
 1432  statute. For the purposes of this section, “high school”
 1433  includes grades 6 through 12.
 1434         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
 1435         (a) The FHSAA shall adopt bylaws that, unless specifically
 1436  provided by statute, establish eligibility requirements for all
 1437  students who participate in high school athletic competition in
 1438  its member schools. The bylaws governing residence and transfer
 1439  shall allow the student to be immediately eligible in the school
 1440  in which he or she first enrolls each school year or the school
 1441  in which the student makes himself or herself a candidate for an
 1442  athletic team by engaging in a practice prior to enrolling in
 1443  the school. The bylaws shall also allow the student to be
 1444  immediately eligible in the school to which the student has
 1445  transferred during the school year if the transfer is made by a
 1446  deadline established by the FHSAA, which may not be prior to the
 1447  date authorized for the beginning of practice for the sport.
 1448  These transfers shall be allowed pursuant to the district school
 1449  board policies in the case of transfer to a public school or
 1450  pursuant to the private school policies in the case of transfer
 1451  to a private school. The student shall be eligible in that
 1452  school so long as he or she remains enrolled in that school.
 1453  Subsequent eligibility shall be determined and enforced through
 1454  the FHSAA’s bylaws. Requirements governing eligibility and
 1455  transfer between member schools shall be applied similarly to
 1456  public school students and private school students.
 1457         (b) The FHSAA shall adopt bylaws that specifically prohibit
 1458  the recruiting of students for athletic purposes. The bylaws
 1459  shall prescribe penalties and an appeals process for athletic
 1460  recruiting violations.
 1461         1. If it is determined that a school has recruited a
 1462  student in violation of FHSAA bylaws, the FHSAA may require the
 1463  school to participate in a higher classification for the sport
 1464  in which the recruited student competes for a minimum of one
 1465  classification cycle, in addition to the penalties in
 1466  subparagraphs 2. and 3., and any other appropriate fine or and
 1467  sanction imposed on the school, its coaches, or adult
 1468  representatives who violate recruiting rules.
 1469         2. Any recruitment by a school district employee or
 1470  contractor in violation of FHSAA bylaws results in escalating
 1471  punishments as follows:
 1472         a. For a first offense, a $5,000 forfeiture of pay for the
 1473  school district employee or contractor who committed the
 1474  violation.
 1475         b. For a second offense, suspension without pay for 12
 1476  months from coaching, directing, or advertising an
 1477  extracurricular activity and a $5,000 forfeiture of pay for the
 1478  school district employee or contractor who committed the
 1479  violation.
 1480         c. For a third offense, a $5,000 forfeiture of pay for the
 1481  school district employee or contractor who committed the
 1482  violation. If the individual who committed the violation holds
 1483  an educator certificate, the FHSAA shall also refer the
 1484  violation to the department for review pursuant to s. 1012.796
 1485  to determine whether probable cause exists, and, if there is a
 1486  finding of probable cause, the commissioner shall file a formal
 1487  complaint against the individual. If the complaint is upheld,
 1488  the individual’s educator certificate shall be revoked for 3
 1489  years, in addition to any penalties available under s. 1012.796.
 1490  Additionally, the department shall revoke any adjunct teaching
 1491  certificates issued pursuant to s. 1012.57 and all permissions
 1492  under ss. 1012.39 and 1012.43, and the educator is ineligible
 1493  for such certificates or permissions for a period of time equal
 1494  to the period of revocation of his or her state-issued
 1495  certificate.
 1496         3. Notwithstanding any other provision of law, a school
 1497  shall forfeit every competition in which a student participated
 1498  who was recruited by an adult who is not a school district
 1499  employee or contractor in violation of FHSAA bylaws.
 1500         4. A student may not be declared ineligible based on
 1501  violation of recruiting rules unless the student or parent has
 1502  falsified any enrollment or eligibility document or accepted any
 1503  benefit or any promise of benefit if such benefit is not
 1504  generally available to the school’s students or family members
 1505  or is based in any way on athletic interest, potential, or
 1506  performance.
 1507         (c) The FHSAA shall adopt bylaws that require all students
 1508  participating in interscholastic athletic competition or who are
 1509  candidates for an interscholastic athletic team to
 1510  satisfactorily pass a medical evaluation each year prior to
 1511  participating in interscholastic athletic competition or
 1512  engaging in any practice, tryout, workout, or other physical
 1513  activity associated with the student’s candidacy for an
 1514  interscholastic athletic team. Such medical evaluation may be
 1515  administered only by a practitioner licensed under chapter 458,
 1516  chapter 459, chapter 460, or s. 464.012, and in good standing
 1517  with the practitioner’s regulatory board. The bylaws shall
 1518  establish requirements for eliciting a student’s medical history
 1519  and performing the medical evaluation required under this
 1520  paragraph, which shall include a physical assessment of the
 1521  student’s physical capabilities to participate in
 1522  interscholastic athletic competition as contained in a uniform
 1523  preparticipation physical evaluation and history form. The
 1524  evaluation form shall incorporate the recommendations of the
 1525  American Heart Association for participation cardiovascular
 1526  screening and shall provide a place for the signature of the
 1527  practitioner performing the evaluation with an attestation that
 1528  each examination procedure listed on the form was performed by
 1529  the practitioner or by someone under the direct supervision of
 1530  the practitioner. The form shall also contain a place for the
 1531  practitioner to indicate if a referral to another practitioner
 1532  was made in lieu of completion of a certain examination
 1533  procedure. The form shall provide a place for the practitioner
 1534  to whom the student was referred to complete the remaining
 1535  sections and attest to that portion of the examination. The
 1536  preparticipation physical evaluation form shall advise students
 1537  to complete a cardiovascular assessment and shall include
 1538  information concerning alternative cardiovascular evaluation and
 1539  diagnostic tests. Results of such medical evaluation must be
 1540  provided to the school. A student is not No student shall be
 1541  eligible to participate, as provided in s. 1006.15(3), in any
 1542  interscholastic athletic competition or engage in any practice,
 1543  tryout, workout, or other physical activity associated with the
 1544  student’s candidacy for an interscholastic athletic team until
 1545  the results of the medical evaluation have been received and
 1546  approved by the school.
 1547         (g) The FHSAA shall adopt bylaws establishing the process
 1548  and standards by which FHSAA determinations of eligibility are
 1549  made. Such bylaws shall provide that:
 1550         1. Ineligibility must be established by a preponderance of
 1551  the clear and convincing evidence;
 1552         2. Student athletes, parents, and schools must have notice
 1553  of the initiation of any investigation or other inquiry into
 1554  eligibility and may present, to the investigator and to the
 1555  individual making the eligibility determination, any information
 1556  or evidence that is credible, persuasive, and of a kind
 1557  reasonably prudent persons rely upon in the conduct of serious
 1558  affairs;
 1559         3. An investigator may not determine matters of eligibility
 1560  but must submit information and evidence to the executive
 1561  director or a person designated by the executive director or by
 1562  the board of directors for an unbiased and objective
 1563  determination of eligibility; and
 1564         4. A determination of ineligibility must be made in
 1565  writing, setting forth the findings of fact and specific
 1566  violation upon which the decision is based.
 1567         Section 13. Subsection (1) of section 1011.61, Florida
 1568  Statutes, is amended to read:
 1569         1011.61 Definitions.—Notwithstanding the provisions of s.
 1570  1000.21, the following terms are defined as follows for the
 1571  purposes of the Florida Education Finance Program:
 1572         (1) A “full-time equivalent student” in each program of the
 1573  district is defined in terms of full-time students and part-time
 1574  students as follows:
 1575         (a) A “full-time student” is one student on the membership
 1576  roll of one school program or a combination of school programs
 1577  listed in s. 1011.62(1)(c) for the school year or the equivalent
 1578  for:
 1579         1. Instruction in a standard school, comprising not less
 1580  than 900 net hours for a student in or at the grade level of 4
 1581  through 12, or not less than 720 net hours for a student in or
 1582  at the grade level of kindergarten through grade 3 or in an
 1583  authorized prekindergarten exceptional program; or
 1584         2.Instruction in a double-session school or a school
 1585  utilizing an experimental school calendar approved by the
 1586  Department of Education, comprising not less than the equivalent
 1587  of 810 net hours in grades 4 through 12 or not less than 630 net
 1588  hours in kindergarten through grade 3; or
 1589         2.3. Instruction comprising the appropriate number of net
 1590  hours set forth in subparagraph 1. or subparagraph 2. for
 1591  students who, within the past year, have moved with their
 1592  parents for the purpose of engaging in the farm labor or fish
 1593  industries, if a plan furnishing such an extended school day or
 1594  week, or a combination thereof, has been approved by the
 1595  commissioner. Such plan may be approved to accommodate the needs
 1596  of migrant students only or may serve all students in schools
 1597  having a high percentage of migrant students. The plan described
 1598  in this subparagraph is optional for any school district and is
 1599  not mandated by the state.
 1600         (b) A “part-time student” is a student on the active
 1601  membership roll of a school program or combination of school
 1602  programs listed in s. 1011.62(1)(c) who is less than a full-time
 1603  student. A student who receives instruction in a school that
 1604  operates for less than the minimum term shall generate full-time
 1605  equivalent student membership proportional to the amount of
 1606  instructional hours provided by the school divided by the
 1607  minimum term requirement as provided in s. 1011.60(2).
 1608         (c)1. A “full-time equivalent student” is:
 1609         a. A full-time student in any one of the programs listed in
 1610  s. 1011.62(1)(c); or
 1611         b. A combination of full-time or part-time students in any
 1612  one of the programs listed in s. 1011.62(1)(c) which is the
 1613  equivalent of one full-time student based on the following
 1614  calculations:
 1615         (I) A full-time student in a combination of programs listed
 1616  in s. 1011.62(1)(c) shall be a fraction of a full-time
 1617  equivalent membership in each special program equal to the
 1618  number of net hours per school year for which he or she is a
 1619  member, divided by the appropriate number of hours set forth in
 1620  subparagraph (a)1. or subparagraph (a)2. The difference between
 1621  that fraction or sum of fractions and the maximum value as set
 1622  forth in subsection (4) for each full-time student is presumed
 1623  to be the balance of the student’s time not spent in a special
 1624  program and shall be recorded as time in the appropriate basic
 1625  program.
 1626         (II) A prekindergarten student with a disability shall meet
 1627  the requirements specified for kindergarten students.
 1628         (III) A full-time equivalent student for students in
 1629  kindergarten through grade 12 in a full-time virtual instruction
 1630  program under s. 1002.45 or a virtual charter school under s.
 1631  1002.33 shall consist of six full-credit completions or the
 1632  prescribed level of content that counts toward promotion to the
 1633  next grade in programs listed in s. 1011.62(1)(c). Credit
 1634  completions may be a combination of full-credit courses or half
 1635  credit courses. Beginning in the 2016-2017 fiscal year, the
 1636  reported full-time equivalent students and associated funding of
 1637  students enrolled in courses requiring passage of an end-of
 1638  course assessment under s. 1003.4282 to earn a standard high
 1639  school diploma shall be adjusted if the student does not pass
 1640  the end-of-course assessment. However, no adjustment shall be
 1641  made for a student who enrolls in a segmented remedial course
 1642  delivered online.
 1643         (IV) A full-time equivalent student for students in
 1644  kindergarten through grade 12 in a part-time virtual instruction
 1645  program under s. 1002.45 shall consist of six full-credit
 1646  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 1647  Credit completions may be a combination of full-credit courses
 1648  or half-credit courses. Beginning in the 2016-2017 fiscal year,
 1649  the reported full-time equivalent students and associated
 1650  funding of students enrolled in courses requiring passage of an
 1651  end-of-course assessment under s. 1003.4282 to earn a standard
 1652  high school diploma shall be adjusted if the student does not
 1653  pass the end-of-course assessment. However, no adjustment shall
 1654  be made for a student who enrolls in a segmented remedial course
 1655  delivered online.
 1656         (V) A Florida Virtual School full-time equivalent student
 1657  shall consist of six full-credit completions or the prescribed
 1658  level of content that counts toward promotion to the next grade
 1659  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 1660  participating in kindergarten through grade 12 part-time virtual
 1661  instruction and the programs listed in s. 1011.62(1)(c) for
 1662  students participating in kindergarten through grade 12 full
 1663  time virtual instruction. Credit completions may be a
 1664  combination of full-credit courses or half-credit courses.
 1665  Beginning in the 2016-2017 fiscal year, the reported full-time
 1666  equivalent students and associated funding of students enrolled
 1667  in courses requiring passage of an end-of-course assessment
 1668  under s. 1003.4282 to earn a standard high school diploma shall
 1669  be adjusted if the student does not pass the end-of-course
 1670  assessment. However, no adjustment shall be made for a student
 1671  who enrolls in a segmented remedial course delivered online.
 1672         (VI) Each successfully completed full-credit course earned
 1673  through an online course delivered by a district other than the
 1674  one in which the student resides shall be calculated as 1/6 FTE.
 1675         (VII) A full-time equivalent student for courses requiring
 1676  passage of a statewide, standardized end-of-course assessment
 1677  under s. 1003.4282 to earn a standard high school diploma shall
 1678  be defined and reported based on the number of instructional
 1679  hours as provided in this subsection until the 2016-2017 fiscal
 1680  year. Beginning in the 2016-2017 fiscal year, the FTE for the
 1681  course shall be assessment-based and shall be equal to 1/6 FTE.
 1682  The reported FTE shall be adjusted if the student does not pass
 1683  the end-of-course assessment. However, no adjustment shall be
 1684  made for a student who enrolls in a segmented remedial course
 1685  delivered online.
 1686         (VIII) For students enrolled in a school district as a
 1687  full-time student, the district may report 1/6 FTE for each
 1688  student who passes a statewide, standardized end-of-course
 1689  assessment without being enrolled in the corresponding course.
 1690         2. A student in membership in a program scheduled for more
 1691  or less than 180 school days or the equivalent on an hourly
 1692  basis as specified by rules of the State Board of Education is a
 1693  fraction of a full-time equivalent membership equal to the
 1694  number of instructional hours in membership divided by the
 1695  appropriate number of hours set forth in subparagraph (a)1.;
 1696  however, for the purposes of this subparagraph, membership in
 1697  programs scheduled for more than 180 days is limited to students
 1698  enrolled in:
 1699         a. Juvenile justice education programs.
 1700         b. The Florida Virtual School.
 1701         c. Virtual instruction programs and virtual charter schools
 1702  for the purpose of course completion and credit recovery
 1703  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 1704  only to a student who is reported during the second or third
 1705  membership surveys and who does not complete a virtual education
 1706  course by the end of the regular school year. The course must be
 1707  completed no later than the deadline for amending the final
 1708  student enrollment survey for that year. Credit recovery applies
 1709  only to a student who has unsuccessfully completed a traditional
 1710  or virtual education course during the regular school year and
 1711  must re-take the course in order to be eligible to graduate with
 1712  the student’s class.
 1713  
 1714  The full-time equivalent student enrollment calculated under
 1715  this subsection is subject to the requirements in subsection
 1716  (4).
 1717  
 1718  The department shall determine and implement an equitable method
 1719  of equivalent funding for experimental schools and for schools
 1720  operating under emergency conditions, which schools have been
 1721  approved by the department to operate for less than the minimum
 1722  term as provided in s. 1011.60(2) school day.
 1723         Section 14. Effective July 1, 2016, and upon the expiration
 1724  of the amendment to section 1011.62, Florida Statutes, made by
 1725  chapter 2015-222, Laws of Florida, paragraphs (e) and (o) of
 1726  subsection (1), paragraph (a) of subsection (4), and present
 1727  subsection (13) of that section are amended, present subsections
 1728  (13), (14), and (15) of that section are redesignated as
 1729  subsections (14), (15), and (16), respectively, and a new
 1730  subsection (13) is added to that section, to read:
 1731         1011.62 Funds for operation of schools.—If the annual
 1732  allocation from the Florida Education Finance Program to each
 1733  district for operation of schools is not determined in the
 1734  annual appropriations act or the substantive bill implementing
 1735  the annual appropriations act, it shall be determined as
 1736  follows:
 1737         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1738  OPERATION.—The following procedure shall be followed in
 1739  determining the annual allocation to each district for
 1740  operation:
 1741         (e) Funding model for exceptional student education
 1742  programs.—
 1743         1.a. The funding model uses basic, at-risk, support levels
 1744  IV and V for exceptional students and career Florida Education
 1745  Finance Program cost factors, and a guaranteed allocation for
 1746  exceptional student education programs. Exceptional education
 1747  cost factors are determined by using a matrix of services to
 1748  document the services that each exceptional student will
 1749  receive. The nature and intensity of the services indicated on
 1750  the matrix shall be consistent with the services described in
 1751  each exceptional student’s individual educational plan. The
 1752  Department of Education shall review and revise the descriptions
 1753  of the services and supports included in the matrix of services
 1754  for exceptional students and shall implement those revisions
 1755  before the beginning of the 2012-2013 school year.
 1756         b. In order to generate funds using one of the two weighted
 1757  cost factors, a matrix of services must be completed at the time
 1758  of the student’s initial placement into an exceptional student
 1759  education program and at least once every 3 years by personnel
 1760  who have received approved training. Nothing listed in the
 1761  matrix shall be construed as limiting the services a school
 1762  district must provide in order to ensure that exceptional
 1763  students are provided a free, appropriate public education.
 1764         c. Students identified as exceptional, in accordance with
 1765  chapter 6A-6, Florida Administrative Code, who do not have a
 1766  matrix of services as specified in sub-subparagraph b. shall
 1767  generate funds on the basis of full-time-equivalent student
 1768  membership in the Florida Education Finance Program at the same
 1769  funding level per student as provided for basic students.
 1770  Additional funds for these exceptional students will be provided
 1771  through the guaranteed allocation designated in subparagraph 2.
 1772         2. For students identified as exceptional who do not have a
 1773  matrix of services and students who are gifted in grades K
 1774  through 8, there is created a guaranteed allocation to provide
 1775  these students with a free appropriate public education, in
 1776  accordance with s. 1001.42(4)(l) and rules of the State Board of
 1777  Education, which shall be allocated initially annually to each
 1778  school district in the amount provided in the General
 1779  Appropriations Act. These funds shall be supplemental in
 1780  addition to the funds appropriated for the basic funding level
 1781  on the basis of FTE student membership in the Florida Education
 1782  Finance Program, and the amount allocated for each school
 1783  district shall not be recalculated once during the year, based
 1784  on actual student membership from the October FTE survey. Upon
 1785  recalculation, if the generated allocation is greater than the
 1786  amount provided in the General Appropriations Act, the total
 1787  shall be prorated to the level of the appropriation based on
 1788  each district’s share of the total recalculated amount. These
 1789  funds shall be used to provide special education and related
 1790  services for exceptional students and students who are gifted in
 1791  grades K through 8. Beginning with the 2007-2008 fiscal year, A
 1792  district’s expenditure of funds from the guaranteed allocation
 1793  for students in grades 9 through 12 who are gifted may not be
 1794  greater than the amount expended during the 2006-2007 fiscal
 1795  year for gifted students in grades 9 through 12.
 1796         (o) Calculation of additional full-time equivalent
 1797  membership based on successful completion of a career-themed
 1798  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
 1799  courses with embedded CAPE industry certifications or CAPE
 1800  Digital Tool certificates, and issuance of industry
 1801  certification identified on the CAPE Industry Certification
 1802  Funding List pursuant to rules adopted by the State Board of
 1803  Education or CAPE Digital Tool certificates pursuant to s.
 1804  1003.4203.—
 1805         1.a. A value of 0.025 full-time equivalent student
 1806  membership shall be calculated for CAPE Digital Tool
 1807  certificates earned by students in elementary and middle school
 1808  grades.
 1809         b. A value of 0.1 or 0.2 full-time equivalent student
 1810  membership shall be calculated for each student who completes a
 1811  course as defined in s. 1003.493(1)(b) or courses with embedded
 1812  CAPE industry certifications and who is issued an industry
 1813  certification identified annually on the CAPE Industry
 1814  Certification Funding List approved under rules adopted by the
 1815  State Board of Education. A value of 0.2 full-time equivalent
 1816  membership shall be calculated for each student who is issued a
 1817  CAPE industry certification that has a statewide articulation
 1818  agreement for college credit approved by the State Board of
 1819  Education. For CAPE industry certifications that do not
 1820  articulate for college credit, the Department of Education shall
 1821  assign a full-time equivalent value of 0.1 for each
 1822  certification. Middle grades students who earn additional FTE
 1823  membership for a CAPE Digital Tool certificate pursuant to sub
 1824  subparagraph a. may not use the previously funded examination to
 1825  satisfy the requirements for earning an industry certification
 1826  under this sub-subparagraph. Additional FTE membership for an
 1827  elementary or middle grades student may shall not exceed 0.1 for
 1828  certificates or certifications earned within the same fiscal
 1829  year. The State Board of Education shall include the assigned
 1830  values on the CAPE Industry Certification Funding List under
 1831  rules adopted by the state board. Such value shall be added to
 1832  the total full-time equivalent student membership for grades 6
 1833  through 12 in the subsequent year for courses that were not
 1834  provided through dual enrollment. CAPE industry certifications
 1835  earned through dual enrollment must be reported and funded
 1836  pursuant to s. 1011.80. However, if a student earns a
 1837  certification through a dual enrollment course and the
 1838  certification is not a fundable certification on the
 1839  postsecondary certification funding list, or the dual enrollment
 1840  certification is earned as a result of an agreement between a
 1841  school district and a nonpublic postsecondary institution, the
 1842  bonus value shall be funded in the same manner as other nondual
 1843  enrollment course industry certifications. In such cases, the
 1844  school district may provide for an agreement between the high
 1845  school and the technical center, or the school district and the
 1846  postsecondary institution may enter into an agreement for
 1847  equitable distribution of the bonus funds.
 1848         c. A value of 0.3 full-time equivalent student membership
 1849  shall be calculated for student completion of the courses and
 1850  the embedded certifications identified on the CAPE Industry
 1851  Certification Funding List and approved by the commissioner
 1852  pursuant to ss. 1003.4203(5)(a) and 1008.44.
 1853         d. A value of 0.5 full-time equivalent student membership
 1854  shall be calculated for CAPE Acceleration Industry
 1855  Certifications that articulate for 15 to 29 college credit
 1856  hours, and 1.0 full-time equivalent student membership shall be
 1857  calculated for CAPE Acceleration Industry Certifications that
 1858  articulate for 30 or more college credit hours pursuant to CAPE
 1859  Acceleration Industry Certifications approved by the
 1860  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
 1861         2. Each district must allocate at least 80 percent of the
 1862  funds provided for CAPE industry certification, in accordance
 1863  with this paragraph, to the program that generated the funds.
 1864  This allocation may not be used to supplant funds provided for
 1865  basic operation of the program.
 1866         3. For CAPE industry certifications earned in the 2013-2014
 1867  school year and in subsequent years, the school district shall
 1868  distribute to each classroom teacher who provided direct
 1869  instruction toward the attainment of a CAPE industry
 1870  certification that qualified for additional full-time equivalent
 1871  membership under subparagraph 1.:
 1872         a. A bonus in the amount of $25 for each student taught by
 1873  a teacher who provided instruction in a course that led to the
 1874  attainment of a CAPE industry certification on the CAPE Industry
 1875  Certification Funding List with a weight of 0.1.
 1876         b. A bonus in the amount of $50 for each student taught by
 1877  a teacher who provided instruction in a course that led to the
 1878  attainment of a CAPE industry certification on the CAPE Industry
 1879  Certification Funding List with a weight of 0.2, 0.3, 0.5, and
 1880  1.0.
 1881         c. A bonus of $75 for each student taught by a teacher who
 1882  provided instruction in a course that led to the attainment of a
 1883  CAPE industry certification on the CAPE Industry Certification
 1884  Funding List with a weight of 0.3.
 1885         d. A bonus of $100 for each student taught by a teacher who
 1886  provided instruction in a course that led to the attainment of a
 1887  CAPE industry certification on the CAPE Industry Certification
 1888  Funding List with a weight of 0.5 or 1.0.
 1889  
 1890  Bonuses awarded pursuant to this paragraph shall be provided to
 1891  teachers who are employed by the district in the year in which
 1892  the additional FTE membership calculation is included in the
 1893  calculation. Bonuses shall be calculated based upon the
 1894  associated weight of a CAPE industry certification on the CAPE
 1895  Industry Certification Funding List for the year in which the
 1896  certification is earned by the student. Any bonus awarded to a
 1897  teacher under this paragraph may not exceed $2,000 in any given
 1898  school year and is in addition to any regular wage or other
 1899  bonus the teacher received or is scheduled to receive.
 1900         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 1901  Legislature shall prescribe the aggregate required local effort
 1902  for all school districts collectively as an item in the General
 1903  Appropriations Act for each fiscal year. The amount that each
 1904  district shall provide annually toward the cost of the Florida
 1905  Education Finance Program for kindergarten through grade 12
 1906  programs shall be calculated as follows:
 1907         (a) Estimated taxable value calculations.—
 1908         1.a. Not later than 2 working days before prior to July 19,
 1909  the Department of Revenue shall certify to the Commissioner of
 1910  Education its most recent estimate of the taxable value for
 1911  school purposes in each school district and the total for all
 1912  school districts in the state for the current calendar year
 1913  based on the latest available data obtained from the local
 1914  property appraisers. The value certified shall be the taxable
 1915  value for school purposes for that year, and no further
 1916  adjustments shall be made, except those made pursuant to
 1917  paragraphs (c) and (d), or an assessment roll change required by
 1918  final judicial decisions as specified in paragraph (15)(b)
 1919  (14)(b). Not later than July 19, the Commissioner of Education
 1920  shall compute a millage rate, rounded to the next highest one
 1921  one-thousandth of a mill, which, when applied to 96 percent of
 1922  the estimated state total taxable value for school purposes,
 1923  would generate the prescribed aggregate required local effort
 1924  for that year for all districts. The Commissioner of Education
 1925  shall certify to each district school board the millage rate,
 1926  computed as prescribed in this subparagraph, as the minimum
 1927  millage rate necessary to provide the district required local
 1928  effort for that year.
 1929         b. The General Appropriations Act shall direct the
 1930  computation of the statewide adjusted aggregate amount for
 1931  required local effort for all school districts collectively from
 1932  ad valorem taxes to ensure that no school district’s revenue
 1933  from required local effort millage will produce more than 90
 1934  percent of the district’s total Florida Education Finance
 1935  Program calculation as calculated and adopted by the
 1936  Legislature, and the adjustment of the required local effort
 1937  millage rate of each district that produces more than 90 percent
 1938  of its total Florida Education Finance Program entitlement to a
 1939  level that will produce only 90 percent of its total Florida
 1940  Education Finance Program entitlement in the July calculation.
 1941         2. On the same date as the certification in sub
 1942  subparagraph 1.a., the Department of Revenue shall certify to
 1943  the Commissioner of Education for each district:
 1944         a. Each year for which the property appraiser has certified
 1945  the taxable value pursuant to s. 193.122(2) or (3), if
 1946  applicable, since the prior certification under sub-subparagraph
 1947  1.a.
 1948         b. For each year identified in sub-subparagraph a., the
 1949  taxable value certified by the appraiser pursuant to s.
 1950  193.122(2) or (3), if applicable, since the prior certification
 1951  under sub-subparagraph 1.a. This is the certification that
 1952  reflects all final administrative actions of the value
 1953  adjustment board.
 1954         (13)FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
 1955  connected student supplement is created to provide supplemental
 1956  funding for school districts to support the education of
 1957  students connected with federally owned military installations,
 1958  National Aeronautics and Space Administration (NASA) real
 1959  property, and Indian lands. To be eligible for this supplement,
 1960  the district must be eligible for federal Impact Aid Program
 1961  funds under s. 8003 of Title VIII of the Elementary and
 1962  Secondary Education Act of 1965. The supplement shall be
 1963  allocated annually to each eligible school district in the
 1964  amount provided in the General Appropriations Act. The
 1965  supplement shall be the sum of the student allocation and an
 1966  exempt property allocation.
 1967         (a)The student allocation shall be calculated based on the
 1968  number of students reported for federal Impact Aid Program
 1969  funds, including students with disabilities, who meet one of the
 1970  following criteria:
 1971         1.The student has a parent who is on active duty in the
 1972  uniformed services or is an accredited foreign government
 1973  official and military officer. Students with disabilities shall
 1974  also be reported separately for this category.
 1975         2.The student resides on eligible federally owned Indian
 1976  land. Students with disabilities shall also be reported
 1977  separately for this category.
 1978         3.The student resides with a civilian parent who lives or
 1979  works on eligible federal property connected with a military
 1980  installation or NASA. The number of these students shall be
 1981  multiplied by a factor of 0.5.
 1982         (b)The total number of federally connected students
 1983  calculated under paragraph (a) shall be multiplied by a
 1984  percentage of the base student allocation as provided in the
 1985  General Appropriations Act. The total of the number of students
 1986  with disabilities as reported separately under subparagraphs
 1987  (a)1. and (a)2. shall be multiplied by an additional percentage
 1988  of the base student allocation as provided in the General
 1989  Appropriations Act. The base amount and the amount for students
 1990  with disabilities shall be summed to provide the student
 1991  allocation.
 1992         (c)The exempt property allocation shall be equal to the
 1993  tax-exempt value of federal impact aid lands reserved as
 1994  military installations, real property owned by NASA, or eligible
 1995  federally owned Indian lands located in the district, as of
 1996  January 1 of the previous year, multiplied by the millage
 1997  authorized and levied under s. 1011.71(2).
 1998         (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 1999  annually in the General Appropriations Act determine a
 2000  percentage increase in funds per K-12 unweighted FTE as a
 2001  minimum guarantee to each school district. The guarantee shall
 2002  be calculated from prior year base funding per unweighted FTE
 2003  student which shall include the adjusted FTE dollars as provided
 2004  in subsection (15) (14), quality guarantee funds, and actual
 2005  nonvoted discretionary local effort from taxes. From the base
 2006  funding per unweighted FTE, the increase shall be calculated for
 2007  the current year. The current year funds from which the
 2008  guarantee shall be determined shall include the adjusted FTE
 2009  dollars as provided in subsection (15) (14) and potential
 2010  nonvoted discretionary local effort from taxes. A comparison of
 2011  current year funds per unweighted FTE to prior year funds per
 2012  unweighted FTE shall be computed. For those school districts
 2013  which have less than the legislatively assigned percentage
 2014  increase, funds shall be provided to guarantee the assigned
 2015  percentage increase in funds per unweighted FTE student. Should
 2016  appropriated funds be less than the sum of this calculated
 2017  amount for all districts, the commissioner shall prorate each
 2018  district’s allocation. This provision shall be implemented to
 2019  the extent specifically funded.
 2020         Section 15. Effective July 1, 2016, and upon the expiration
 2021  of the amendment to section 1011.71, Florida Statutes, made by
 2022  chapter 2015-222, Laws of Florida, subsection (1) of that
 2023  section is amended to read:
 2024         1011.71 District school tax.—
 2025  (1) If the district school tax is not provided in the General
 2026  Appropriations Act or the substantive bill implementing the
 2027  General Appropriations Act, each district school board desiring
 2028  to participate in the state allocation of funds for current
 2029  operation as prescribed by s. 1011.62(15) s. 1011.62(14) shall
 2030  levy on the taxable value for school purposes of the district,
 2031  exclusive of millage voted under the provisions of s. 9(b) or s.
 2032  12, Art. VII of the State Constitution, a millage rate not to
 2033  exceed the amount certified by the commissioner as the minimum
 2034  millage rate necessary to provide the district required local
 2035  effort for the current year, pursuant to s. 1011.62(4)(a)1. In
 2036  addition to the required local effort millage levy, each
 2037  district school board may levy a nonvoted current operating
 2038  discretionary millage. The Legislature shall prescribe annually
 2039  in the appropriations act the maximum amount of millage a
 2040  district may levy.
 2041         Section 16. Subsection (2) of section 1012.42, Florida
 2042  Statutes, is amended to read:
 2043         1012.42 Teacher teaching out-of-field.—
 2044         (2) NOTIFICATION REQUIREMENTS.—When a teacher in a district
 2045  school system is assigned teaching duties in a class dealing
 2046  with subject matter that is outside the field in which the
 2047  teacher is certified, outside the field that was the applicant’s
 2048  minor field of study, or outside the field in which the
 2049  applicant has demonstrated sufficient subject area expertise, as
 2050  determined by district school board policy in the subject area
 2051  to be taught, the parents of all students in the class shall be
 2052  notified in writing of such assignment, and each school district
 2053  shall report out-of-field teachers on the district’s website
 2054  within 30 days before the beginning of each semester. A parent
 2055  whose student is assigned an out-of-field teacher may request
 2056  that his or her child be transferred to an in-field classroom
 2057  teacher within the school and grade in which the student is
 2058  currently enrolled. The school district must approve or deny the
 2059  parent’s request and transfer the student to a different
 2060  classroom teacher within a reasonable period of time, not to
 2061  exceed 2 weeks, if an in-field teacher for that course or grade
 2062  level is employed by the school and the transfer does not
 2063  violate maximum class size pursuant to s. 1003.03 and s. 1, Art.
 2064  IX of the State Constitution. If a request for transfer is
 2065  denied, the school must notify the parent and specify the
 2066  reasons for the denial. An explanation of the transfer process
 2067  must be made available in the student handbook or a similar
 2068  publication. This subsection does not provide a parent the right
 2069  to choose a specific teacher.
 2070         Section 17. Paragraph (b) of subsection (8) of section
 2071  1012.56, Florida Statutes, is amended to read:
 2072         1012.56 Educator certification requirements.—
 2073         (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION
 2074  COMPETENCY PROGRAM.—
 2075         (b)1. Each school district must and a private school or
 2076  state-supported state supported public school, including a
 2077  charter school, or a private school may develop and maintain a
 2078  system by which members of the instructional staff may
 2079  demonstrate mastery of professional preparation and education
 2080  competence as required by law. Each program must be based on
 2081  classroom application of the Florida Educator Accomplished
 2082  Practices and instructional performance and, for public schools,
 2083  must be aligned with the district’s or state-supported public
 2084  school’s evaluation system established approved under s.
 2085  1012.34, as applicable.
 2086         2. The Commissioner of Education shall determine the
 2087  continued approval of programs implemented under this paragraph,
 2088  based upon the department’s review of performance data. The
 2089  department shall review the performance data as a part of the
 2090  periodic review of each school district’s professional
 2091  development system required under s. 1012.98.
 2092         Section 18. Section 1012.583, Florida Statutes, is created
 2093  to read:
 2094         1012.583 Continuing education and inservice training for
 2095  youth suicide awareness and prevention.—
 2096         (1) Beginning with the 2016-2017 school year, the
 2097  Department of Education shall incorporate 2 hours of training in
 2098  youth suicide awareness and prevention into existing
 2099  requirements for continuing education or inservice training for
 2100  instructional personnel in elementary school, middle school, and
 2101  high school.
 2102         (2) The department, in consultation with the Statewide
 2103  Office for Suicide Prevention and suicide prevention experts,
 2104  shall develop a list of approved youth suicide awareness and
 2105  prevention training materials. The materials:
 2106         (a) Must include training on how to identify appropriate
 2107  mental health services and how to refer youth and their families
 2108  to those services.
 2109         (b) May include materials currently being used by a school
 2110  district if such materials meet any criteria established by the
 2111  department.
 2112         (c) May include programs that instructional personnel can
 2113  complete through a self-review of approved youth suicide
 2114  awareness and prevention materials.
 2115         (3) The training required by this section must be included
 2116  in the existing continuing education or inservice training
 2117  requirements for instructional personnel and may not add to the
 2118  total hours currently required by the department.
 2119         (4) A person has no cause of action for any loss or damage
 2120  caused by an act or omission resulting from the implementation
 2121  of this section or resulting from any training required by this
 2122  section unless the loss or damage was caused by willful or
 2123  wanton misconduct. This section does not create any new duty of
 2124  care or basis of liability.
 2125         (5) The State Board of Education may adopt rules to
 2126  implement this section.
 2127         Section 19. Paragraph (o) is added to subsection (1) of
 2128  section 1012.795, Florida Statutes, and subsection (5) of that
 2129  section is amended, to read:
 2130         1012.795 Education Practices Commission; authority to
 2131  discipline.—
 2132         (1) The Education Practices Commission may suspend the
 2133  educator certificate of any person as defined in s. 1012.01(2)
 2134  or (3) for up to 5 years, thereby denying that person the right
 2135  to teach or otherwise be employed by a district school board or
 2136  public school in any capacity requiring direct contact with
 2137  students for that period of time, after which the holder may
 2138  return to teaching as provided in subsection (4); may revoke the
 2139  educator certificate of any person, thereby denying that person
 2140  the right to teach or otherwise be employed by a district school
 2141  board or public school in any capacity requiring direct contact
 2142  with students for up to 10 years, with reinstatement subject to
 2143  the provisions of subsection (4); may revoke permanently the
 2144  educator certificate of any person thereby denying that person
 2145  the right to teach or otherwise be employed by a district school
 2146  board or public school in any capacity requiring direct contact
 2147  with students; may suspend the educator certificate, upon an
 2148  order of the court or notice by the Department of Revenue
 2149  relating to the payment of child support; or may impose any
 2150  other penalty provided by law, if the person:
 2151         (o) Has committed a third recruiting offense as determined
 2152  by the Florida High School Athletic Association (FHSAA) pursuant
 2153  to s. 1006.20(2)(b).
 2154         (5) Each district school superintendent and the governing
 2155  authority of each university lab school, state-supported school,
 2156  or private school, and the FHSAA shall report to the department
 2157  the name of any person certified pursuant to this chapter or
 2158  employed and qualified pursuant to s. 1012.39:
 2159         (a) Who has been convicted of, or who has pled nolo
 2160  contendere to, a misdemeanor, felony, or any other criminal
 2161  charge, other than a minor traffic infraction;
 2162         (b) Who that official has reason to believe has committed
 2163  or is found to have committed any act which would be a ground
 2164  for revocation or suspension under subsection (1); or
 2165         (c) Who has been dismissed or severed from employment
 2166  because of conduct involving any immoral, unnatural, or
 2167  lascivious act.
 2168         Section 20. Subsections (3) and (7) of section 1012.796,
 2169  Florida Statutes, are amended to read:
 2170         1012.796 Complaints against teachers and administrators;
 2171  procedure; penalties.—
 2172         (3) The department staff shall advise the commissioner
 2173  concerning the findings of the investigation and of all
 2174  referrals by the Florida High School Athletic Association
 2175  (FHSAA) pursuant to ss. 1006.20(2)(b) and 1012.795. The
 2176  department general counsel or members of that staff shall review
 2177  the investigation or the referral and advise the commissioner
 2178  concerning probable cause or lack thereof. The determination of
 2179  probable cause shall be made by the commissioner. The
 2180  commissioner shall provide an opportunity for a conference, if
 2181  requested, prior to determining probable cause. The commissioner
 2182  may enter into deferred prosecution agreements in lieu of
 2183  finding probable cause if, in his or her judgment, such
 2184  agreements are in the best interests of the department, the
 2185  certificateholder, and the public. Such deferred prosecution
 2186  agreements shall become effective when filed with the clerk of
 2187  the Education Practices Commission. However, a deferred
 2188  prosecution agreement shall not be entered into if there is
 2189  probable cause to believe that a felony or an act of moral
 2190  turpitude, as defined by rule of the State Board of Education,
 2191  has occurred, or for referrals by the FHSAA. Upon finding no
 2192  probable cause, the commissioner shall dismiss the complaint.
 2193         (7) A panel of the commission shall enter a final order
 2194  either dismissing the complaint or imposing one or more of the
 2195  following penalties:
 2196         (a) Denial of an application for a teaching certificate or
 2197  for an administrative or supervisory endorsement on a teaching
 2198  certificate. The denial may provide that the applicant may not
 2199  reapply for certification, and that the department may refuse to
 2200  consider that applicant’s application, for a specified period of
 2201  time or permanently.
 2202         (b) Revocation or suspension of a certificate.
 2203         (c) Imposition of an administrative fine not to exceed
 2204  $2,000 for each count or separate offense.
 2205         (d) Placement of the teacher, administrator, or supervisor
 2206  on probation for a period of time and subject to such conditions
 2207  as the commission may specify, including requiring the certified
 2208  teacher, administrator, or supervisor to complete additional
 2209  appropriate college courses or work with another certified
 2210  educator, with the administrative costs of monitoring the
 2211  probation assessed to the educator placed on probation. An
 2212  educator who has been placed on probation shall, at a minimum:
 2213         1. Immediately notify the investigative office in the
 2214  Department of Education upon employment or termination of
 2215  employment in the state in any public or private position
 2216  requiring a Florida educator’s certificate.
 2217         2. Have his or her immediate supervisor submit annual
 2218  performance reports to the investigative office in the
 2219  Department of Education.
 2220         3. Pay to the commission within the first 6 months of each
 2221  probation year the administrative costs of monitoring probation
 2222  assessed to the educator.
 2223         4. Violate no law and shall fully comply with all district
 2224  school board policies, school rules, and State Board of
 2225  Education rules.
 2226         5. Satisfactorily perform his or her assigned duties in a
 2227  competent, professional manner.
 2228         6. Bear all costs of complying with the terms of a final
 2229  order entered by the commission.
 2230         (e) Restriction of the authorized scope of practice of the
 2231  teacher, administrator, or supervisor.
 2232         (f) Reprimand of the teacher, administrator, or supervisor
 2233  in writing, with a copy to be placed in the certification file
 2234  of such person.
 2235         (g) Imposition of an administrative sanction, upon a person
 2236  whose teaching certificate has expired, for an act or acts
 2237  committed while that person possessed a teaching certificate or
 2238  an expired certificate subject to late renewal, which sanction
 2239  bars that person from applying for a new certificate for a
 2240  period of 10 years or less, or permanently.
 2241         (h) Refer the teacher, administrator, or supervisor to the
 2242  recovery network program provided in s. 1012.798 under such
 2243  terms and conditions as the commission may specify.
 2244  
 2245  The penalties imposed under this subsection are in addition to,
 2246  and not in lieu of, the penalties required for a third
 2247  recruiting offense pursuant to s. 1006.20(2)(b).
 2248         Section 21. Except as otherwise expressly provided in this
 2249  act, this act shall take effect July 1, 2016.
 2250  
 2251  ================= T I T L E  A M E N D M E N T ================
 2252  And the title is amended as follows:
 2253         Delete everything before the enacting clause
 2254  and insert:
 2255                        A bill to be entitled                      
 2256         An act relating to education; amending s. 1001.42,
 2257         F.S.; revising the duties of a district school board;
 2258         creating s. 1001.67, F.S.; establishing a
 2259         collaboration between the state board and the
 2260         Legislature to designate certain Florida College
 2261         System institutions as distinguished colleges;
 2262         specifying standards for the designation; requiring
 2263         the state board to award the designation to certain
 2264         Florida College System institutions; providing that
 2265         the designated institutions are eligible for funding
 2266         as specified in the General Appropriations Act;
 2267         amending s. 1002.20, F.S.; revising public school
 2268         choice options available to students to include CAPE
 2269         digital tools, CAPE industry certifications, and
 2270         collegiate high school programs; authorizing parents
 2271         of public school students to seek private educational
 2272         choice options through the Florida Personal Learning
 2273         Scholarship Accounts Program under certain
 2274         circumstances; revising student eligibility
 2275         requirements for participating in high school athletic
 2276         competitions; authorizing public schools to provide
 2277         transportation to students participating in open
 2278         enrollment; amending s. 1002.31, F.S.; requiring each
 2279         district school board and charter school governing
 2280         board to authorize a parent to have his or her child
 2281         participate in controlled open enrollment; requiring
 2282         the school district to report the student for purposes
 2283         of the school district’s funding; authorizing a school
 2284         district to provide transportation to such students;
 2285         requiring that each district school board adopt and
 2286         publish on its website a controlled open enrollment
 2287         process; specifying criteria for the process;
 2288         prohibiting a school district from delaying or
 2289         preventing a student who participates in controlled
 2290         open enrollment from being immediately eligible to
 2291         participate in certain activities; amending s.
 2292         1002.33, F.S.; making technical changes relating to
 2293         requirements for the creation of a virtual charter
 2294         school; conforming cross-references; specifying that a
 2295         sponsor may not require a charter school to adopt the
 2296         sponsor’s reading plan and that charter schools are
 2297         eligible for the research-based reading allocation if
 2298         certain criteria are met; revising required contents
 2299         of charter school applications; conforming provisions
 2300         regarding the appeal process for denial of a high
 2301         performing charter school application; requiring an
 2302         applicant to provide the sponsor with a copy of an
 2303         appeal to an application denial; authorizing a charter
 2304         school to defer the opening of its operations for up
 2305         to a specified time; requiring the charter school to
 2306         provide written notice to certain entities by a
 2307         specified date; revising provisions relating to long
 2308         term charters and charter terminations; specifying
 2309         notice requirements for voluntary closure of a charter
 2310         school; deleting a requirement that students in a
 2311         blended learning course receive certain instruction in
 2312         a classroom setting; providing that a student may not
 2313         be dismissed from a charter school based on his or her
 2314         academic performance; requiring a charter school
 2315         applicant to provide monthly financial statements
 2316         before opening; requiring a sponsor to review each
 2317         financial statement of a charter school to identify
 2318         the existence of certain conditions; providing for the
 2319         automatic termination of a charter contract if certain
 2320         conditions are met; requiring a sponsor to notify
 2321         certain parties when a charter contract is terminated
 2322         for specific reasons; authorizing governing board
 2323         members to hold a certain number of public meetings
 2324         and participate in such meetings in person or through
 2325         communications media technology; revising charter
 2326         school student eligibility requirements; revising
 2327         requirements for payments to charter schools; allowing
 2328         for the use of certain surpluses and assets by
 2329         specific entities for certain educational purposes;
 2330         providing for an injunction under certain
 2331         circumstances; establishing the administrative fee
 2332         that a sponsor may withhold for charter schools
 2333         operating in a critical need area; providing an
 2334         exemption from certain administrative fees; amending
 2335         s. 1002.37, F.S.; revising the calculation of “full
 2336         time equivalent student”; conforming a cross
 2337         reference; amending s. 1002.45, F.S.; conforming a
 2338         cross-reference; deleting a provision related to
 2339         educational funding for students enrolled in certain
 2340         virtual education courses; revising conditions for
 2341         termination of a virtual instruction provider’s
 2342         contract; creating s. 1003.3101, F.S.; requiring each
 2343         school district board to establish a classroom teacher
 2344         transfer process for parents, to approve or deny a
 2345         transfer request within a certain timeframe, to notify
 2346         a parent of a denial, and to post an explanation of
 2347         the transfer process in the student handbook or a
 2348         similar publication; amending s. 1003.4295, F.S.;
 2349         revising the purpose of the Credit Acceleration
 2350         Program; requiring students to earn passing scores on
 2351         specified assessments and examinations to earn course
 2352         credit; amending s. 1004.935, F.S.; deleting the
 2353         scheduled termination of the Adults with Disabilities
 2354         Workforce Education Pilot Program; changing the name
 2355         of the program to the “Adults with Disabilities
 2356         Workforce Education Program”; amending s. 1006.15,
 2357         F.S.; defining the term “eligible to participate”;
 2358         conforming provisions to changes made by the act;
 2359         prohibiting a school district from delaying or
 2360         preventing a student who participates in open
 2361         controlled enrollment from being immediately eligible
 2362         to participate in certain activities; authorizing a
 2363         transfer student to immediately participate in
 2364         interscholastic or intrascholastic activities under
 2365         certain circumstances; prohibiting a school district
 2366         or the Florida High School Athletic Association
 2367         (FHSAA) from declaring a transfer student ineligible
 2368         under certain circumstances; amending s. 1006.20,
 2369         F.S.; requiring the FHSAA to allow a private school to
 2370         maintain full membership in the association or to join
 2371         by sport; prohibiting the FHSAA from discouraging a
 2372         private school from maintaining membership in the
 2373         FHSAA and another athletic association; authorizing
 2374         the FHSAA to allow a public school to apply for
 2375         consideration to join another athletic association;
 2376         specifying penalties for recruiting violations;
 2377         requiring a school to forfeit a competition in which a
 2378         student who was recruited by specified adults
 2379         participated; revising circumstances under which a
 2380         student may be declared ineligible; requiring student
 2381         ineligibility to be established by a preponderance of
 2382         the evidence; amending s. 1011.61, F.S.; revising the
 2383         definition of “full-time equivalent student”; amending
 2384         s. 1011.62, F.S.; conforming a cross-reference;
 2385         revising the calculation for certain supplemental
 2386         funds for exceptional student education programs;
 2387         requiring the funds to be prorated under certain
 2388         circumstances; revising the funding of full-time
 2389         equivalent values for students who earn CAPE industry
 2390         certifications through dual enrollment; deleting a
 2391         provision prohibiting a teacher’s bonus from exceeding
 2392         a specified amount; creating a federally connected
 2393         student supplement for school districts; specifying
 2394         eligibility requirements and calculations for
 2395         allocations of the supplement; amending s. 1011.71,
 2396         F.S.; conforming a cross-reference; amending s.
 2397         1012.42, F.S.; authorizing a parent of a child whose
 2398         teacher is teaching outside the teacher’s field to
 2399         request that the child be transferred to another
 2400         classroom teacher within the school and grade in which
 2401         the child is currently enrolled within a specified
 2402         timeframe; specifying that a transfer does not provide
 2403         a parent the right to choose a specific teacher;
 2404         amending s. 1012.56, F.S.; authorizing a charter
 2405         school to develop and operate a professional
 2406         development certification and education competency
 2407         program; creating s. 1012.583, F.S.; requiring the
 2408         Department of Education to incorporate training in
 2409         youth suicide awareness and prevention into certain
 2410         instructional personnel continuing education or
 2411         inservice training requirements; requiring the
 2412         department, in consultation with the Statewide Office
 2413         for Suicide Prevention and suicide prevention experts,
 2414         to develop a list of approved materials for the
 2415         training; specifying requirements for training
 2416         materials; requiring the training to be included in
 2417         the existing continuing education or inservice
 2418         training requirements; providing that no cause of
 2419         action results from the implementation of this act;
 2420         providing for rulemaking; amending ss. 1012.795 and
 2421         1012.796, F.S.; conforming provisions to changes made
 2422         by the act; amending s. 1013.62, F.S.; revising
 2423         eligibility requirements for charter school capital
 2424         outlay funding; revising charter school funding
 2425         allocations; providing effective dates.