Florida Senate - 2017                      CS for CS for SB 1468
       By the Committees on Appropriations; and Education; and Senator
       576-04390-17                                          20171468c2
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 11.45, F.S.;
    3         requiring the Auditor General to conduct annual audits
    4         of the Florida School for the Deaf and the Blind;
    5         amending s. 413.011, F.S.; providing that a client of
    6         the Division of Blind Services of the Department of
    7         Education is considered an employee of the state for
    8         purposes of workers’ compensation coverage; creating
    9         s. 413.209, F.S.; providing that a specified client of
   10         the Division of Vocational Rehabilitation of the
   11         Department of Education is considered an employee of
   12         the state for purposes of workers’ compensation
   13         coverage; amending s. 1001.10, F.S.; authorizing the
   14         Commissioner of Education to coordinate with specified
   15         entities to assess needs for resources and assistance
   16         in an emergency situation; amending s. 1002.31, F.S.;
   17         revising available controlled open enrollment options
   18         to include virtual charter schools and district
   19         virtual programs; amending ss. 1002.37 and 1002.45,
   20         F.S.; revising student eligibility requirements for
   21         the Florida Virtual School and virtual instruction
   22         programs; repealing s. 1002.455, F.S., relating to
   23         student eligibility for K-12 virtual instruction;
   24         creating s. 1003.481, F.S.; creating the Early
   25         Childhood Music Education Incentive Pilot Program
   26         within the Department of Education for a specified
   27         period; providing for school district eligibility;
   28         providing comprehensive music education program
   29         requirements; providing for school district selection,
   30         funding, and program payments; requiring selected
   31         school districts to annually provide a specified
   32         certification to the Commissioner of Education;
   33         requiring a selected school district to return funds
   34         under certain circumstances; requiring the University
   35         of Florida’s College of Education to perform an
   36         evaluation; authorizing the State Board of Education
   37         to adopt rules; providing for expiration of the pilot
   38         program; amending s. 1004.345, F.S.; extending the
   39         timeframe by which the Florida Polytechnic University
   40         must meet specified criteria established by the Board
   41         of Governors of the State University System; amending
   42         ss. 1002.33, 1003.498, and 1011.62, F.S.; conforming
   43         provisions to changes made by the act; providing an
   44         effective date.
   46  Be It Enacted by the Legislature of the State of Florida:
   48         Section 1. Upon the expiration and reversion of the
   49  amendment to section 11.45, Florida Statutes, pursuant to
   50  section 36 of chapter 2016-62, Laws of Florida, paragraph (d) of
   51  subsection (2) of section 11.45, Florida Statutes, is amended to
   52  read:
   53         11.45 Definitions; duties; authorities; reports; rules.—
   54         (2) DUTIES.—The Auditor General shall:
   55         (d) Annually conduct financial audits of the accounts and
   56  records of all district school boards in counties with
   57  populations of fewer than 150,000, according to the most recent
   58  federal decennial statewide census, and the Florida School for
   59  the Deaf and the Blind.
   61  The Auditor General shall perform his or her duties
   62  independently but under the general policies established by the
   63  Legislative Auditing Committee. This subsection does not limit
   64  the Auditor General’s discretionary authority to conduct other
   65  audits or engagements of governmental entities as authorized in
   66  subsection (3).
   67         Section 2. Subsection (2) of section 413.011, Florida
   68  Statutes, is amended to read:
   69         413.011 Division of Blind Services, legislative policy,
   70  intent; internal organizational structure and powers;
   71  Rehabilitation Council for the Blind.—
   72         (2) PROGRAM OF SERVICES.—
   73         (a) It is the intent of the Legislature to establish a
   74  coordinated program of services which will be available to
   75  individuals throughout this state who are blind. The program
   76  must be designed to maximize employment opportunities for such
   77  individuals and to increase their independence and self
   78  sufficiency.
   79         (b) A client of the division who is participating in on
   80  the-job training shall be deemed an employee of the state for
   81  purposes of workers’ compensation coverage.
   82         Section 3. Section 413.209, Florida Statutes, is created to
   83  read:
   84         413.209 Workers’ compensation coverage for clients in on
   85  the-job training.—A client of the Division of Vocational
   86  Rehabilitation of the Department of Education who is
   87  participating in on-the-job training as a vocational
   88  rehabilitation service shall be deemed an employee of the state
   89  for purposes of workers’ compensation coverage.
   90         Section 4. Subsection (8) is added to section 1001.10,
   91  Florida Statutes, to read:
   92         1001.10 Commissioner of Education; general powers and
   93  duties.—
   94         (8) In the event of an emergency, the commissioner may
   95  coordinate through the most appropriate means of communication
   96  with local school districts, Florida College System
   97  institutions, and satellite offices of the Division of Blind
   98  Services and the Division of Vocational Rehabilitation to assess
   99  the need for resources and assistance to enable each school,
  100  institution, or satellite office the ability to reopen as soon
  101  as possible after considering the health, safety, and welfare of
  102  students and clients.
  103         Section 5. Paragraph (a) of subsection (2) of section
  104  1002.31, Florida Statutes, is amended to read:
  105         1002.31 Controlled open enrollment; Public school parental
  106  choice.—
  107         (2)(a) Beginning by the 2017-2018 school year, as part of a
  108  school district’s or charter school’s controlled open enrollment
  109  process, and in addition to the existing public school choice
  110  programs provided in s. 1002.20(6)(a), each district school
  111  board or charter school shall allow a parent from any school
  112  district in the state whose child is not subject to a current
  113  expulsion or suspension to enroll his or her child in and
  114  transport his or her child to any public school, including
  115  charter schools, virtual charter schools, and district virtual
  116  programs, that have has not reached capacity in the district,
  117  subject to the maximum class size pursuant to s. 1003.03 and s.
  118  1, Art. IX of the State Constitution, if applicable. The school
  119  district or charter school shall accept the student, pursuant to
  120  that school district’s or charter school’s controlled open
  121  enrollment process, and report the student for purposes of the
  122  school district’s or charter school’s funding pursuant to the
  123  Florida Education Finance Program. A school district or charter
  124  school may provide transportation to students described under
  125  this section.
  126         Section 6. Subsection (8) of section 1002.37, Florida
  127  Statutes, is amended to read:
  128         1002.37 The Florida Virtual School.—
  129         (8)(a) The Florida Virtual School may provide full-time and
  130  part-time instruction for students in kindergarten through grade
  131  12. To receive part-time instruction in kindergarten through
  132  grade 5, a student must meet at least one of the eligibility
  133  criteria in s. 1002.455(2).
  134         (b) For students receiving part-time instruction in
  135  kindergarten through grade 5 and students receiving full-time
  136  instruction in kindergarten through grade 12 from the Florida
  137  Virtual School, the full-time equivalent student enrollment
  138  calculated under this subsection is subject to the requirements
  139  in s. 1011.61(4).
  140         Section 7. Subsection (5) and paragraph (b) of subsection
  141  (6) of section 1002.45, Florida Statutes, are amended to read:
  142         1002.45 Virtual instruction programs.—
  143         (5) STUDENT ELIGIBILITY.—A student may enroll in a full
  144  time or part-time virtual instruction program in kindergarten
  145  through grade 12 which is provided by a the school district or
  146  by a virtual charter school operated in the district in which he
  147  or she resides if the student meets eligibility requirements for
  148  virtual instruction pursuant to s. 1002.455.
  149         (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  150  enrolled in a virtual instruction program or virtual charter
  151  school must:
  152         (b) Take state assessment tests within the school district
  153  in which such student resides or enrolls, as contractually
  154  specified. If requested by the provider, the district of
  155  residence which must provide the student with access to the
  156  district’s testing facilities.
  157         Section 8. Section 1002.455, Florida Statutes, is repealed.
  158         Section 9. Section 1003.481, Florida Statutes, is created
  159  to read:
  160         1003.481 Early Childhood Music Education Incentive Pilot
  161  Program.—
  162         (1) Beginning with the 2017-2018 school year, the Early
  163  Childhood Music Education Incentive Pilot Program is created
  164  within the Department of Education for a period of 3 school
  165  years. The purpose of the pilot program is to assist selected
  166  school districts in implementing comprehensive music education
  167  programs for students in kindergarten through grade 2.
  168         (2) In order for a school district to be eligible for
  169  participation in the pilot program, the superintendent must
  170  certify to the Commissioner of Education, in a format prescribed
  171  by the department, that each elementary school within the
  172  district has established a comprehensive music education program
  173  that:
  174         (a) Includes all students at the school enrolled in
  175  kindergarten through grade 2.
  176         (b) Is staffed by certified music educators.
  177         (c) Provides music instruction for at least 30 consecutive
  178  minutes 2 days a week.
  179         (d) Complies with class size requirements under s. 1003.03.
  180         (e) Complies with the department’s standards for early
  181  childhood music education programs for students in kindergarten
  182  through grade 2.
  183         (3)(a) The commissioner shall select school districts for
  184  participation in the pilot program, subject to legislative
  185  appropriation, based on the school district’s proximity to the
  186  University of Florida and needs-based criteria established by
  187  the State Board of Education. Selected school districts shall
  188  annually receive $150 per full-time equivalent student in
  189  kindergarten through grade 2 who is enrolled in a comprehensive
  190  music education program.
  191         (b) To maintain eligibility for participation in the pilot
  192  program, a selected school district must annually certify to the
  193  commissioner, in a format prescribed by the department, that
  194  each elementary school within the district provides a
  195  comprehensive music education program that meets the
  196  requirements of subsection (2). If a selected school district
  197  fails to provide the annual certification for a fiscal year, the
  198  school district must return all funds received through the pilot
  199  program for that fiscal year.
  200         (4) The University of Florida’s College of Education shall
  201  evaluate the effectiveness of the pilot program by measuring
  202  student academic performance and the success of the program. The
  203  evaluation must include, but is not limited to, a quantitative
  204  analysis of student achievement and a qualitative evaluation of
  205  students enrolled in the comprehensive music education programs.
  206         (5) The State Board of Education may adopt rules to
  207  administer this section.
  208         (6) This section expires June 30, 2020.
  209         Section 10. Upon the expiration and reversion of the
  210  amendment to section 1004.345, Florida Statutes, pursuant to
  211  section 36 of chapter 2016-62, Laws of Florida, subsection (1)
  212  of section 1004.345, Florida Statutes, is amended to read:
  213         1004.345 The Florida Polytechnic University.—
  214         (1) By December 31, 2017 2016, the Florida Polytechnic
  215  University shall meet the following criteria as established by
  216  the Board of Governors:
  217         (a) Achieve accreditation from the Commission on Colleges
  218  of the Southern Association of Colleges and Schools;
  219         (b) Initiate the development of the new programs in the
  220  fields of science, technology, engineering, and mathematics;
  221         (c) Seek discipline-specific accreditation for programs;
  222         (d) Attain a minimum FTE of 1,244, with a minimum 50
  223  percent of that FTE in the fields of science, technology,
  224  engineering, and mathematics and 20 percent in programs related
  225  to those fields;
  226         (e) Complete facilities and infrastructure, including the
  227  Science and Technology Building, Phase I of the Wellness Center,
  228  and a residence hall or halls containing no fewer than 190 beds;
  229  and
  230         (f) Have the ability to provide, either directly or where
  231  feasible through a shared services model, administration of
  232  financial aid, admissions, student support, information
  233  technology, and finance and accounting with an internal audit
  234  function.
  235         Section 11. Subsection (1) of section 1002.33, Florida
  236  Statutes, is amended to read:
  237         1002.33 Charter schools.—
  238         (1) AUTHORIZATION.—Charter schools shall be part of the
  239  state’s program of public education. All charter schools in
  240  Florida are public schools. A charter school may be formed by
  241  creating a new school or converting an existing public school to
  242  charter status. A charter school may operate a virtual charter
  243  school pursuant to s. 1002.45(1)(d) to provide full-time online
  244  instruction to eligible students, pursuant to s. 1002.455, in
  245  kindergarten through grade 12. An existing charter school that
  246  is seeking to become a virtual charter school must amend its
  247  charter or submit a new application pursuant to subsection (6)
  248  to become a virtual charter school. A virtual charter school is
  249  subject to the requirements of this section; however, a virtual
  250  charter school is exempt from subsections (18) and (19),
  251  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
  252  s. 1003.03. A public school may not use the term charter in its
  253  name unless it has been approved under this section.
  254         Section 12. Subsection (2) of section 1003.498, Florida
  255  Statutes, is amended to read:
  256         1003.498 School district virtual course offerings.—
  257         (2) School districts may offer virtual courses for students
  258  enrolled in the school district. These courses must be
  259  identified in the course code directory. Students who meet the
  260  eligibility requirements of s. 1002.455 may participate in these
  261  virtual course offerings.
  262         (a) Any eligible student who is enrolled in a school
  263  district may register and enroll in an online course offered by
  264  his or her school district.
  265         (b)1. Any eligible student who is enrolled in a school
  266  district may register and enroll in an online course offered by
  267  any other school district in the state. The school district in
  268  which the student completes the course shall report the
  269  student’s completion of that course for funding pursuant to s.
  270  1011.61(1)(c)1.b.(VI), and the home school district may shall
  271  not report the student for funding for that course.
  272         2. The full-time equivalent student membership calculated
  273  under this subsection is subject to the requirements in s.
  274  1011.61(4). The Department of Education shall establish
  275  procedures to enable interdistrict coordination for the delivery
  276  and funding of this online option.
  277         Section 13. Subsection (11) of section 1011.62, Florida
  278  Statutes, is amended to read:
  279         1011.62 Funds for operation of schools.—If the annual
  280  allocation from the Florida Education Finance Program to each
  281  district for operation of schools is not determined in the
  282  annual appropriations act or the substantive bill implementing
  283  the annual appropriations act, it shall be determined as
  284  follows:
  285         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  286  annually provide in the Florida Education Finance Program a
  287  virtual education contribution. The amount of the virtual
  288  education contribution shall be the difference between the
  289  amount per FTE established in the General Appropriations Act for
  290  virtual education and the amount per FTE for each district and
  291  the Florida Virtual School, which may be calculated by taking
  292  the sum of the base FEFP allocation, the discretionary local
  293  effort, the state-funded discretionary contribution, the
  294  discretionary millage compression supplement, the research-based
  295  reading instruction allocation, and the instructional materials
  296  allocation, and then dividing by the total unweighted FTE. This
  297  difference shall be multiplied by the virtual education
  298  unweighted FTE for school district-operated part-time and full
  299  time virtual instruction programs, full-time virtual charter
  300  school programs, virtual courses offered, programs and options
  301  identified in s. 1002.455(3) and the Florida Virtual School and
  302  its franchises to equal the virtual education contribution and
  303  shall be included as a separate allocation in the funding
  304  formula.
  305         Section 14. This act shall take effect July 1, 2017.