Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1434
Ì227788dÎ227788
576-03243-18
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Pre-K - 12 Education)
1 A bill to be entitled
2 An act relating to K-12 education; amending s.
3 1002.33, F.S.; extending the period of time for which
4 a charter school may defer its opening for specified
5 reasons; amending s. 1002.331, F.S.; revising the
6 requirements for a charter school to be considered a
7 high-performing charter school; amending s. 1002.333,
8 F.S.; redefining the terms “persistently low
9 performing school” and “school of hope”; revising the
10 contents of a school of hope notice of intent and
11 performance-based agreement; revising school of hope
12 facility requirements; specifying that certain schools
13 of hope are eligible to receive hope supplemental
14 service allocation funds; requiring the State Board of
15 Education to provide awards to all eligible schools
16 that meet certain requirements; prohibiting a school
17 of hope operator or owner from serving as the
18 principal of a school of hope that he or she manages;
19 conforming cross-references; creating s. 1002.334,
20 F.S.; defining the term “franchise model school”;
21 authorizing specified schools to use a franchise model
22 school as a turnaround option; specifying requirements
23 for a franchise model school principal; amending s.
24 1007.273, F.S.; defining the term “structured
25 program”; providing additional options for students
26 participating in a structured program; prohibiting a
27 district school board from limiting the number of
28 public school students who may participate in a
29 structured program; revising contract requirements;
30 requiring each district school board to annually
31 notify students in certain grades of certain
32 information about the structured program, by a
33 specified date; revising provisions relating to
34 funding; requiring the state board to enforce
35 compliance with certain provisions by a specified date
36 each year; providing reporting requirements; amending
37 s. 1008.33, F.S.; revising the turnaround options
38 available for certain schools; amending s. 1011.62,
39 F.S.; creating the hope supplemental services
40 allocation; providing the purpose of the allocation;
41 specifying the services that may be funded by the
42 allocation; providing that implementation plans may
43 include certain models; providing requirements for
44 implementation plans; providing for the allocation of
45 funds in specified fiscal years; creating the mental
46 health assistance allocation; providing the purpose of
47 the allocation; providing for the annual allocation of
48 such funds on a specified basis; prohibiting the use
49 of allocated funds to supplant funds provided from
50 other operating funds, to increase salaries, or to
51 provide bonuses; providing requirements for school
52 districts and charter schools; providing that required
53 plans must include certain elements; requiring school
54 districts to annually submit approved plans to the
55 Commissioner of Education by a specified date;
56 requiring that entities that receive such allocations
57 annually submit a final report on program outcomes and
58 specific expenditures to the commissioner by a
59 specified date; creating the funding compression
60 allocation; providing the purpose of the allocation;
61 authorizing funding for the annual allocation for
62 specified purposes; providing the calculation for the
63 allocation; amending s. 1011.69, F.S.; revising the
64 types of funds school districts may withhold before
65 allocating certain Title I funds to eligible schools;
66 authorizing school districts to use such funds for
67 specified purposes; amending s. 1011.71, F.S.;
68 increasing the amount that a school district may
69 expend from a specified millage levy for certain
70 expenses; amending s. 1012.731, F.S.; deleting Florida
71 Best and Brightest Teacher Scholarship Program
72 scholarship awards authorized for specific school
73 years; amending s. 1012.732, F.S.; specifying that a
74 franchise model school principal is eligible to
75 receive a Florida Best and Brightest Principal
76 scholarship; requiring specified awards for eligible
77 principals; amending s. 1013.31, F.S.; authorizing a
78 district to use certain sources of funds for
79 educational, auxiliary, and ancillary plant capital
80 outlay purposes without needing a survey
81 recommendation; amending s. 1013.385, F.S.; providing
82 additional exceptions to certain building code
83 regulations for school districts; amending s. 1013.62,
84 F.S.; providing legislative intent; prohibiting a
85 charter school from being eligible for capital outlay
86 funds unless the chair of the governing board and the
87 chief administrative officer of the charter school
88 annually certify certain information; defining the
89 term “affiliated party of the charter school”;
90 revising the Department of Education’s calculation
91 methodology for a school district’s distribution of
92 discretionary millage to its eligible charter schools;
93 providing an effective date.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Paragraph (b) of subsection (6) of section
98 1002.33, Florida Statutes, is amended to read:
99 1002.33 Charter schools.—
100 (6) APPLICATION PROCESS AND REVIEW.—Charter school
101 applications are subject to the following requirements:
102 (b) A sponsor shall receive and review all applications for
103 a charter school using the evaluation instrument developed by
104 the Department of Education. A sponsor shall receive and
105 consider charter school applications received on or before
106 August 1 of each calendar year for charter schools to be opened
107 at the beginning of the school district’s next school year, or
108 to be opened at a time agreed to by the applicant and the
109 sponsor. A sponsor may not refuse to receive a charter school
110 application submitted before August 1 and may receive an
111 application submitted later than August 1 if it chooses.
112 Beginning in 2018 and thereafter, a sponsor shall receive and
113 consider charter school applications received on or before
114 February 1 of each calendar year for charter schools to be
115 opened 18 months later at the beginning of the school district’s
116 school year, or to be opened at a time agreed to by the
117 applicant and the sponsor. A sponsor may not refuse to receive a
118 charter school application submitted before February 1 and may
119 receive an application submitted later than February 1 if it
120 chooses. A sponsor may not charge an applicant for a charter any
121 fee for the processing or consideration of an application, and a
122 sponsor may not base its consideration or approval of a final
123 application upon the promise of future payment of any kind.
124 Before approving or denying any application, the sponsor shall
125 allow the applicant, upon receipt of written notification, at
126 least 7 calendar days to make technical or nonsubstantive
127 corrections and clarifications, including, but not limited to,
128 corrections of grammatical, typographical, and like errors or
129 missing signatures, if such errors are identified by the sponsor
130 as cause to deny the final application.
131 1. In order to facilitate an accurate budget projection
132 process, a sponsor shall be held harmless for FTE students who
133 are not included in the FTE projection due to approval of
134 charter school applications after the FTE projection deadline.
135 In a further effort to facilitate an accurate budget projection,
136 within 15 calendar days after receipt of a charter school
137 application, a sponsor shall report to the Department of
138 Education the name of the applicant entity, the proposed charter
139 school location, and its projected FTE.
140 2. In order to ensure fiscal responsibility, an application
141 for a charter school shall include a full accounting of expected
142 assets, a projection of expected sources and amounts of income,
143 including income derived from projected student enrollments and
144 from community support, and an expense projection that includes
145 full accounting of the costs of operation, including start-up
146 costs.
147 3.a. A sponsor shall by a majority vote approve or deny an
148 application no later than 90 calendar days after the application
149 is received, unless the sponsor and the applicant mutually agree
150 in writing to temporarily postpone the vote to a specific date,
151 at which time the sponsor shall by a majority vote approve or
152 deny the application. If the sponsor fails to act on the
153 application, an applicant may appeal to the State Board of
154 Education as provided in paragraph (c). If an application is
155 denied, the sponsor shall, within 10 calendar days after such
156 denial, articulate in writing the specific reasons, based upon
157 good cause, supporting its denial of the application and shall
158 provide the letter of denial and supporting documentation to the
159 applicant and to the Department of Education.
160 b. An application submitted by a high-performing charter
161 school identified pursuant to s. 1002.331 or a high-performing
162 charter school system identified pursuant to s. 1002.332 may be
163 denied by the sponsor only if the sponsor demonstrates by clear
164 and convincing evidence that:
165 (I) The application does not materially comply with the
166 requirements in paragraph (a);
167 (II) The charter school proposed in the application does
168 not materially comply with the requirements in paragraphs
169 (9)(a)-(f);
170 (III) The proposed charter school’s educational program
171 does not substantially replicate that of the applicant or one of
172 the applicant’s high-performing charter schools;
173 (IV) The applicant has made a material misrepresentation or
174 false statement or concealed an essential or material fact
175 during the application process; or
176 (V) The proposed charter school’s educational program and
177 financial management practices do not materially comply with the
178 requirements of this section.
179
180 Material noncompliance is a failure to follow requirements or a
181 violation of prohibitions applicable to charter school
182 applications, which failure is quantitatively or qualitatively
183 significant either individually or when aggregated with other
184 noncompliance. An applicant is considered to be replicating a
185 high-performing charter school if the proposed school is
186 substantially similar to at least one of the applicant’s high
187 performing charter schools and the organization or individuals
188 involved in the establishment and operation of the proposed
189 school are significantly involved in the operation of replicated
190 schools.
191 c. If the sponsor denies an application submitted by a
192 high-performing charter school or a high-performing charter
193 school system, the sponsor must, within 10 calendar days after
194 such denial, state in writing the specific reasons, based upon
195 the criteria in sub-subparagraph b., supporting its denial of
196 the application and must provide the letter of denial and
197 supporting documentation to the applicant and to the Department
198 of Education. The applicant may appeal the sponsor’s denial of
199 the application in accordance with paragraph (c).
200 4. For budget projection purposes, the sponsor shall report
201 to the Department of Education the approval or denial of an
202 application within 10 calendar days after such approval or
203 denial. In the event of approval, the report to the Department
204 of Education shall include the final projected FTE for the
205 approved charter school.
206 5. Upon approval of an application, the initial startup
207 shall commence with the beginning of the public school calendar
208 for the district in which the charter is granted. A charter
209 school may defer the opening of the school’s operations for up
210 to 3 2 years to provide time for adequate facility planning. The
211 charter school must provide written notice of such intent to the
212 sponsor and the parents of enrolled students at least 30
213 calendar days before the first day of school.
214 Section 2. Subsection (1) of section 1002.331, Florida
215 Statutes, is amended to read:
216 1002.331 High-performing charter schools.—
217 (1) A charter school is a high-performing charter school if
218 it:
219 (a) Received at least two school grades of “A” and no
220 school grade below “B,” pursuant to s. 1008.34, during each of
221 the previous 3 school years or received at least two consecutive
222 school grades of “A” in the most recent 2 school years.
223 (b) Received an unqualified opinion on each annual
224 financial audit required under s. 218.39 in the most recent 3
225 fiscal years for which such audits are available.
226 (c) Did not receive a financial audit that revealed one or
227 more of the financial emergency conditions set forth in s.
228 218.503(1) in the most recent 3 fiscal years for which such
229 audits are available. However, this requirement is deemed met
230 for a charter school-in-the-workplace if there is a finding in
231 an audit that the school has the monetary resources available to
232 cover any reported deficiency or that the deficiency does not
233 result in a deteriorating financial condition pursuant to s.
234 1002.345(1)(a)3.
235
236 For purposes of determining initial eligibility, the
237 requirements of paragraphs (b) and (c) only apply to the most
238 recent 2 fiscal years if the charter school earns two
239 consecutive grades of “A”. A virtual charter school established
240 under s. 1002.33 is not eligible for designation as a high
241 performing charter school.
242 Section 3. Present subsections (11) and (12) of section
243 1002.333, Florida Statutes, are redesignated as subsections (12)
244 and (13), respectively, a new subsection (11) is added to that
245 section, and subsections (1) and (2), paragraph (a) of
246 subsection (4), paragraphs (b), (g), and (i) of subsection (5),
247 paragraph (a) of subsection (7), subsection (9), and paragraph
248 (b) of subsection (10) of that section are amended, to read:
249 1002.333 Persistently low-performing schools.—
250 (1) DEFINITIONS.—As used in this section, the term:
251 (a) “Hope operator” means an entity identified by the
252 department pursuant to subsection (2).
253 (b) “Persistently low-performing school” means a school
254 that has completed 2 school years of a district-managed
255 turnaround plan required under s. 1008.33(4)(a) and has not
256 improved its school grade to a “C” or higher, earned three
257 consecutive grades lower than a “C,” pursuant to s. 1008.34, and
258 a school that was closed pursuant to s. 1008.33(4) within 2
259 years after the submission of a notice of intent.
260 (c) “School of hope” means:
261 1. A charter school operated by a hope operator which
262 serves students from one or more persistently low-performing
263 schools; is located in the attendance zone of a persistently
264 low-performing school or within a 5-mile radius of such school,
265 whichever is greater; and is a Title I eligible school; or
266 2. A school operated by a hope operator pursuant to s.
267 1008.33(4)(b)3.b. s. 1008.33(4)(b)3.
268 (2) HOPE OPERATOR.—A hope operator is a nonprofit
269 organization with tax exempt status under s. 501(c)(3) of the
270 Internal Revenue Code which that operates three or more charter
271 schools that serve students in grades K-12 in Florida or other
272 states with a record of serving students from low-income
273 families and is designated by the State Board of Education as a
274 hope operator based on a determination that:
275 (a) The past performance of the hope operator meets or
276 exceeds the following criteria:
277 1. The achievement of enrolled students exceeds the
278 district and state averages of the states in which the
279 operator’s schools operate;
280 2. The average college attendance rate at all schools
281 currently operated by the operator exceeds 80 percent, if such
282 data is available;
283 3. The percentage of students eligible for a free or
284 reduced price lunch under the National School Lunch Act enrolled
285 at all schools currently operated by the operator exceeds 70
286 percent;
287 4. The operator is in good standing with the authorizer in
288 each state in which it operates;
289 5. The audited financial statements of the operator are
290 free of material misstatements and going concern issues; and
291 6. Other outcome measures as determined by the State Board
292 of Education;
293 (b) The operator was awarded a United States Department of
294 Education Charter School Program Grant for Replication and
295 Expansion of High-Quality Charter Schools within the preceding 3
296 years before applying to be a hope operator;
297 (c) The operator receives funding through the National Fund
298 of the Charter School Growth Fund to accelerate the growth of
299 the nation’s best charter schools; or
300 (d) The operator is selected by a district school board in
301 accordance with s. 1008.33.
302
303 An entity that meets the requirements of paragraph (b),
304 paragraph (c), or paragraph (d) before the adoption by the state
305 board of measurable criteria pursuant to paragraph (a) shall be
306 designated as a hope operator. After the adoption of the
307 measurable criteria, an entity, including a governing board that
308 operates a school established pursuant to s. 1008.33(4)(b)3.b.
309 s. 1008.33(4)(b)3., shall be designated as a hope operator if it
310 meets the criteria of paragraph (a).
311 (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator
312 seeking to open a school of hope must submit a notice of intent
313 to the school district in which a persistently low-performing
314 school has been identified by the State Board of Education
315 pursuant to subsection (10).
316 (a) The notice of intent must include all of the following:
317 1. An academic focus and plan.
318 2. A financial plan.
319 3. Goals and objectives for increasing student achievement
320 for the students from low-income families.
321 4. A completed or planned community outreach plan.
322 5. The organizational history of success in working with
323 students with similar demographics.
324 6. The grade levels to be served and enrollment
325 projections.
326 7. The specific proposed location or geographic area
327 proposed for the school and its proximity to the persistently
328 low-performing school or the plan to use the district-owned
329 facilities of the persistently low-performing school.
330 8. A staffing plan.
331 9. An operations plan specifying the operator’s intent to
332 undertake the operations of the persistently low-performing
333 school in its entirety or through limited components of the
334 operations.
335 (5) PERFORMANCE-BASED AGREEMENT.—The following shall
336 comprise the entirety of the performance-based agreement:
337 (b) The location or geographic area proposed for the school
338 of hope and its proximity to the persistently low-performing
339 school.
340 (f)(g) The grounds for termination, including failure to
341 meet the requirements for student performance established
342 pursuant to paragraph (d) (e), generally accepted standards of
343 fiscal management, or material violation of terms of the
344 agreement. The nonrenewal or termination of a performance-based
345 agreement must comply with the requirements of s. 1002.33(8).
346 (h)(i) A provision establishing the initial term as 5
347 years. The agreement must shall be renewed, upon the request of
348 the hope operator, unless the school fails to meet the
349 requirements for student performance established pursuant to
350 paragraph (d) (e) or generally accepted standards of fiscal
351 management or the school of hope materially violates the law or
352 the terms of the agreement.
353 (7) FACILITIES.—
354 (a)1. A school of hope that meets the definition under
355 subparagraph (1)(c)1. shall use facilities that comply with the
356 Florida Building Code, except for the State Requirements for
357 Educational Facilities. A school of hope that uses school
358 district facilities must comply with the State Requirements for
359 Educational Facilities only if the school district and the hope
360 operator have entered into a mutual management plan for the
361 reasonable maintenance of such facilities. The mutual management
362 plan shall contain a provision by which the district school
363 board agrees to maintain the school facilities in the same
364 manner as its other public schools within the district.
365 2. A school of hope that meets the definition under
366 subparagraph (1)(c)2. and that receives funds from the hope
367 supplemental services allocation under s. 1011.62(16) shall use
368 the district-owned facilities of the persistently low-performing
369 school that the school of hope operates. A school of hope that
370 uses district-owned facilities must enter into a mutual
371 management plan with the school district for the reasonable
372 maintenance of the facilities. The mutual management plan must
373 contain a provision specifying that the district school board
374 agrees to maintain the school facilities in the same manner as
375 other public schools within the district.
376
377 The local governing authority shall not adopt or impose any
378 local building requirements or site-development restrictions,
379 such as parking and site-size criteria, student enrollment, and
380 occupant load, that are addressed by and more stringent than
381 those found in the State Requirements for Educational Facilities
382 of the Florida Building Code. A local governing authority must
383 treat schools of hope equitably in comparison to similar
384 requirements, restrictions, and site planning processes imposed
385 upon public schools. The agency having jurisdiction for
386 inspection of a facility and issuance of a certificate of
387 occupancy or use shall be the local municipality or, if in an
388 unincorporated area, the county governing authority. If an
389 official or employee of the local governing authority refuses to
390 comply with this paragraph, the aggrieved school or entity has
391 an immediate right to bring an action in circuit court to
392 enforce its rights by injunction. An aggrieved party that
393 receives injunctive relief may be awarded reasonable attorney
394 fees and court costs.
395 (9) FUNDING.—
396 (a) Schools of hope shall be funded in accordance with s.
397 1002.33(17).
398 (b) Schools of hope shall receive priority in the
399 department’s Public Charter School Grant Program competitions.
400 (c) Schools of hope shall be considered charter schools for
401 purposes of s. 1013.62, except charter capital outlay may not be
402 used to purchase real property or for the construction of school
403 facilities.
404 (d) Schools of hope that meet the definition under
405 subparagraph (1)(c)1. are eligible to receive funds from the
406 Schools of Hope Program.
407 (e) Schools of hope that meet the definition under
408 subparagraph (1)(c)2. are eligible to receive funds from the
409 hope supplemental services allocation established under s.
410 1011.62(16).
411 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
412 is created within the Department of Education.
413 (b) A traditional public school that is required to submit
414 a plan for implementation pursuant to s. 1008.33(4) is eligible
415 to receive funding for services authorized up to $2,000 per
416 full-time equivalent student from the hope supplemental services
417 allocation established under s. 1011.62(16). Schools of Hope
418 Program based upon the strength of the school’s plan for
419 implementation and its focus on evidence-based interventions
420 that lead to student success by providing wrap-around services
421 that leverage community assets, improve school and community
422 collaboration, and develop family and community partnerships.
423 Wrap-around services include, but are not limited to, tutorial
424 and after-school programs, student counseling, nutrition
425 education, parental counseling, and adult education. Plans for
426 implementation may also include models that develop a culture of
427 attending college, high academic expectations, character
428 development, dress codes, and an extended school day and school
429 year. At a minimum, a plan for implementation must:
430 1. Establish wrap-around services that develop family and
431 community partnerships.
432 2. Establish clearly defined and measurable high academic
433 and character standards.
434 3. Increase parental involvement and engagement in the
435 child’s education.
436 4. Describe how the school district will identify, recruit,
437 retain, and reward instructional personnel. The state board may
438 waive the requirements of s. 1012.22(1)(c)5., and suspend the
439 requirements of s. 1012.34, to facilitate implementation of the
440 plan.
441 5. Identify a knowledge-rich curriculum that the school
442 will use that focuses on developing a student’s background
443 knowledge.
444 6. Provide professional development that focuses on
445 academic rigor, direct instruction, and creating high academic
446 and character standards.
447 (11) SCHOOLS OF HOPE MANAGEMENT.—A hope operator or the
448 owner of a school of hope may not serve as the principal of any
449 school that he or she manages.
450 Section 4. Section 1002.334, Florida Statutes, is created
451 to read:
452 1002.334 Franchise model schools.—
453 (1) As used in this section, the term “franchise model
454 school” means a persistently low-performing school, as defined
455 in s. 1002.333(1)(b), which is led by a highly effective
456 principal in addition to the principal’s currently assigned
457 school. If a franchise model school achieves a grade of “C” or
458 higher, the school may retain its status as a franchise model
459 school at the discretion of the school district.
460 (2) A school district that has one or more persistently
461 low-performing schools may use a franchise model school as a
462 school turnaround option pursuant to s. 1008.33(4)(b)4.
463 (3) A franchise model school principal:
464 (a) Must be rated as highly effective pursuant to s.
465 1012.34;
466 (b) May lead two or more schools, including a persistently
467 low-performing school or a school that was considered a
468 persistently low-performing school before becoming a franchise
469 model school;
470 (c) May allocate resources and personnel between the
471 schools under his or her administration; however, he or she must
472 expend hope supplemental services allocation funds, authorized
473 under s. 1011.62(16), at the franchise model school; and
474 (d) Is eligible to receive a Best and Brightest Principal
475 award under s. 1012.732.
476 Section 5. Section 1007.273, Florida Statutes, is amended
477 to read:
478 1007.273 Structured high school acceleration programs
479 Collegiate high school program.—
480 (1) Each Florida College System institution shall work with
481 each district school board in its designated service area to
482 establish one or more structured programs, including, but not
483 limited to, collegiate high school programs. As used in this
484 section, the term “structured program” means a structured high
485 school acceleration program.
486 (1)(2) PURPOSE.—At a minimum, structured collegiate high
487 school programs must include an option for public school
488 students in grade 11 or grade 12 participating in the structured
489 program, for at least 1 full school year, to earn CAPE industry
490 certifications pursuant to s. 1008.44, and to successfully
491 complete at least 30 credit hours through the dual enrollment
492 program under s. 1007.271. The structured program must
493 prioritize dual enrollment courses that are applicable toward
494 general education core courses or common prerequisite course
495 requirements under s. 1007.25 over dual enrollment courses
496 applicable as electives toward at least the first year of
497 college for an associate degree or baccalaureate degree while
498 enrolled in the structured program. A district school board may
499 not limit the number of eligible public school students who may
500 enroll in such structured programs.
501 (2)(3) REQUIRED STRUCTURED PROGRAM CONTRACTS.—
502 (a) Each district school board and its local Florida
503 College System institution shall execute a contract to establish
504 one or more structured collegiate high school programs at a
505 mutually agreed upon location or locations. Beginning with the
506 2015-2016 school year, If the local Florida College System
507 institution does not establish a structured program with a
508 district school board in its designated service area, another
509 Florida College System institution may execute a contract with
510 that district school board to establish the structured program.
511 The contract must be executed by January 1 of each school year
512 for implementation of the structured program during the next
513 school year. By August 1, 2018, a contract entered into before
514 January 1, 2018, for the 2018-2019 school year must be modified
515 to include the provisions of paragraph (b).
516 (b) The contract must:
517 1.(a) Identify the grade levels to be included in the
518 structured collegiate high school program; which must, at a
519 minimum, include grade 12.
520 2.(b) Describe the structured collegiate high school
521 program, including a list of the meta-major academic pathways
522 approved pursuant to s. 1008.30(4), which are available to
523 participating students through the partner Florida College
524 System institution or other eligible partner postsecondary
525 institutions; the delineation of courses that must, at a
526 minimum, include general education core courses and common
527 prerequisite course requirements pursuant to s. 1007.25; and
528 industry certifications offered, including online course
529 availability; the high school and college credits earned for
530 each postsecondary course completed and industry certification
531 earned; student eligibility criteria; and the enrollment process
532 and relevant deadlines;.
533 3.(c) Describe the methods, medium, and process by which
534 students and their parents are annually informed about the
535 availability of the structured collegiate high school program,
536 the return on investment associated with participation in the
537 structured program, and the information described in
538 subparagraphs 1. and 2.; paragraphs (a) and (b).
539 4.(d) Identify the delivery methods for instruction and the
540 instructors for all courses;.
541 5.(e) Identify student advising services and progress
542 monitoring mechanisms;.
543 6.(f) Establish a program review and reporting mechanism
544 regarding student performance outcomes; and.
545 7.(g) Describe the terms of funding arrangements to
546 implement the structured collegiate high school program pursuant
547 to paragraph (5)(a).
548 (3) STUDENT PERFORMANCE CONTRACT AND NOTIFICATION.—
549 (a)(4) Each student participating in a structured
550 collegiate high school program must enter into a student
551 performance contract which must be signed by the student, the
552 parent, and a representative of the school district and the
553 applicable Florida College System institution, state university,
554 or other institution participating pursuant to subsection (4)
555 (5). The performance contract must, at a minimum, specify
556 include the schedule of courses, by semester, and industry
557 certifications to be taken by the student, if any; student
558 attendance requirements;, and course grade requirements; and the
559 applicability of such courses to an associate degree or a
560 baccalaureate degree.
561 (b) By September 1 of each school year, each district
562 school board must notify each student enrolled in grades 9, 10,
563 11, and 12 in a public school within the school district about
564 the structured program, including, but not limited to:
565 1. The method for earning college credit through
566 participation in the structured program. The notification must
567 include website links to the dual enrollment course equivalency
568 list approved by the State Board of Education; the common degree
569 program prerequisite requirements published by the Articulation
570 Coordinating Committee pursuant to s. 1007.01(3)(f); the
571 industry certification articulation agreements adopted by the
572 State Board of Education in rule; and the approved meta-major
573 academic pathways of the partner Florida College System
574 institution and other eligible partner postsecondary
575 institutions participating pursuant to subsection (4); and
576 2. The estimated cost savings to students and their
577 families resulting from students successfully completing 30
578 credit hours applicable toward general education core courses or
579 common prerequisite course requirements before graduating from
580 high school versus the cost of earning such credit hours after
581 graduating from high school.
582 (4)(5) AUTHORIZED STRUCTURED PROGRAM CONTRACTS.—In addition
583 to executing a contract with the local Florida College System
584 institution under this section, a district school board may
585 execute a contract to establish a structured collegiate high
586 school program with a state university or an institution that is
587 eligible to participate in the William L. Boyd, IV, Florida
588 Resident Access Grant Program, that is a nonprofit independent
589 college or university located and chartered in this state, and
590 that is accredited by the Commission on Colleges of the Southern
591 Association of Colleges and Schools to grant baccalaureate
592 degrees. Such university or institution must meet the
593 requirements specified under subsections (2) (3) and (3) (4). A
594 charter school may execute a contract directly with the local
595 Florida College System institution or another institution as
596 authorized under this section to establish a structured program
597 at a mutually agreed upon location.
598 (5) FUNDING.—
599 (a)(6) The structured collegiate high school program shall
600 be funded pursuant to ss. 1007.271 and 1011.62. The State Board
601 of Education shall enforce compliance with this section by
602 withholding the transfer of funds for the school districts and
603 the Florida College System institutions in accordance with s.
604 1008.32. Annually, by December 31, the State Board of Education
605 shall enforce compliance with this section by withholding the
606 transfer of funds for the Florida College System institutions in
607 accordance with s. 1001.602.
608 (b) A student who enrolls in the structured program and
609 successfully completes at least 30 college credit hours during a
610 school year through the dual enrollment program under s.
611 1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A
612 student who enrolls in the structured program and successfully
613 completes an additional 30 college credit hours during a school
614 year, resulting in at least 60 college credit hours through the
615 dual enrollment program under s. 1007.271 applicable toward
616 fulfilling the requirements for an associate in arts degree or
617 an associate in science degree or a baccalaureate degree
618 pursuant to the student performance contract under subsection
619 (3), before graduating from high school, generates an additional
620 0.5 FTE bonus. Each district school board that is a contractual
621 partner with a Florida College System institution or other
622 eligible postsecondary institution shall report to the
623 commissioner the total FTE bonus for each structured program for
624 the students from that school district. The total FTE bonus
625 shall be added to each school district’s total weighted FTE for
626 funding in the subsequent fiscal year.
627 (c) For any industry certification a student attains under
628 this section, the FTE bonus shall be calculated and awarded in
629 accordance with s. 1011.62(1)(o).
630 (6) REPORTING REQUIREMENTS.—
631 (a) By September 1 of each school year, each district
632 school superintendent shall report to the commissioner, at a
633 minimum, the following information on each structured program
634 administered during the prior school year:
635 1. The number of students in public schools within the
636 school district who enrolled in the structured program, and the
637 partnering postsecondary institutions pursuant to subsections
638 (2) and (4);
639 2. The total and average number of dual enrollment courses
640 completed, high school and college credits earned, standard high
641 school diplomas and associate and baccalaureate degrees awarded,
642 and the number of industry certifications attained, if any, by
643 the students who enrolled in the structured program;
644 3. The projected student enrollment in the structured
645 program during the next school year; and
646 4. Any barriers to executing contracts to establish one or
647 more structured programs.
648 (b) By November 30 of each school year, the commissioner
649 must report to the Governor, the President of the Senate, and
650 the Speaker of the House of Representatives the status of
651 structured programs, including, at a minimum, a summary of
652 student enrollment and completion information pursuant to this
653 subsection; barriers, if any, to establishing such programs; and
654 recommendations for expanding access to such programs statewide.
655 Section 6. Paragraph (c) of subsection (3) and subsection
656 (4) of section 1008.33, Florida Statutes, are amended to read:
657 1008.33 Authority to enforce public school improvement.—
658 (3)
659 (c) The state board shall adopt by rule a differentiated
660 matrix of intervention and support strategies for assisting
661 traditional public schools identified under this section and
662 rules for implementing s. 1002.33(9)(n), relating to charter
663 schools.
664 1. The intervention and support strategies must address
665 efforts to improve student performance through one or more of
666 the following strategies: and may include
667 a. Improvement planning;
668 b. Leadership quality improvement;
669 c. Educator quality improvement;
670 d. Professional development;
671 e. Curriculum review, pacing, and alignment across grade
672 levels to improve background knowledge in social studies,
673 science, and the arts; and
674 f. The use of continuous improvement and monitoring plans
675 and processes.
676 2. In addition, The state board may prescribe reporting
677 requirements to review and monitor the progress of the schools.
678 The rule must define the intervention and support strategies for
679 school improvement for schools earning a grade of “D” or “F” and
680 the roles for the district and department.
681 (4)(a) The state board shall apply intensive intervention
682 and support strategies tailored to the needs of schools earning
683 two consecutive grades of “D” or a grade of “F.” In the first
684 full school year after a school initially earns two consecutive
685 grades of “D” or a grade of “F,” the school district must
686 immediately implement intervention and support strategies
687 prescribed in rule under paragraph (3)(c) and, by September 1,
688 provide the department with the memorandum of understanding
689 negotiated pursuant to s. 1001.42(21) and, by October 1, a
690 district-managed turnaround plan for approval by the state
691 board. The district-managed turnaround plan may include a
692 proposal for the district to implement an extended school day, a
693 summer program, or a combination of an extended school day and
694 summer program. Upon approval by the state board, the school
695 district must implement the plan for the remainder of the school
696 year and continue the plan for 1 full school year. The state
697 board may allow a school an additional year of implementation
698 before the school must implement a turnaround option required
699 under paragraph (b) if it determines that the school is likely
700 to improve to a grade of “C” or higher after the first full
701 school year of implementation.
702 (b) Unless an additional year of implementation is provided
703 pursuant to paragraph (a), a school that has completed 2 school
704 years of a district-managed turnaround plan required under
705 paragraph (a) and has not improved its school grade to a “C” or
706 higher, pursuant to s. 1008.34, earns three consecutive grades
707 below a “C” must implement one of the following options:
708 1. Reassign students to another school and monitor the
709 progress of each reassigned student.;
710 2. Close the school and reopen the school as one or more
711 charter schools, each with a governing board that has a
712 demonstrated record of effectiveness. Such charter schools are
713 eligible for funding from the hope supplemental services
714 allocation established under s. 1011.62(16).; or
715 3. Contract with an outside entity that has a demonstrated
716 record of effectiveness to operate the school. An outside entity
717 may include:
718 a. A district-managed charter school in which all
719 instructional personnel are not employees of the school
720 district, but are employees of an independent governing board
721 composed of members who did not participate in the review or
722 approval of the charter. A district-managed charter school is
723 eligible for funding from the hope supplemental services
724 allocation established in s. 1011.62(16); or
725 b. A hope operator that submits to a school district a
726 notice of intent of a performance-based agreement pursuant to s.
727 1002.333. A school of hope established pursuant to this sub
728 subparagraph is eligible for funding from the hope supplemental
729 services allocation for up to 5 years, beginning in the school
730 year in which the school of hope is established, if the school
731 of hope:
732 (I) Is established at the district-owned facilities of the
733 persistently low-performing school;
734 (II) Gives priority enrollment to students who are enrolled
735 in, or are eligible to attend and are living in the attendance
736 area of, the persistently low-performing school that the school
737 of hope operates, consistent with the enrollment lottery
738 exemption provided under s. 1002.333(5)(c); and
739 (III) Meets the requirements of its performance-based
740 agreement pursuant to s. 1002.333.
741 4. Implement a franchise model school in which a highly
742 effective principal, pursuant to s. 1012.34, leads the
743 persistently low-performing school in addition to the
744 principal’s currently assigned school. The franchise model
745 school principal may allocate resources and personnel between
746 the schools he or she leads. The persistently low-performing
747 school is eligible for funding from the hope supplemental
748 services allocation established under s. 1011.62(16).
749 (c) Implementation of the turnaround option is no longer
750 required if the school improves to a grade of “C” or higher.
751 (d) If a school earning two consecutive grades of “D” or a
752 grade of “F” does not improve to a grade of “C” or higher after
753 2 full school years of implementing the turnaround option
754 selected by the school district under paragraph (b), the school
755 district must implement another turnaround option.
756 Implementation of the turnaround option must begin the school
757 year following the implementation period of the existing
758 turnaround option, unless the state board determines that the
759 school is likely to improve to a grade of “C” or higher if
760 additional time is provided to implement the existing turnaround
761 option.
762 Section 7. Present subsections (16) and (17) of section
763 1011.62, Florida Statutes, are redesignated as subsections (19)
764 and (20), respectively, new subsections (16) and (17) and
765 subsection (18) are added to that section, and paragraph (a) of
766 subsection (4) and subsection (14) of that section are amended,
767 to read:
768 1011.62 Funds for operation of schools.—If the annual
769 allocation from the Florida Education Finance Program to each
770 district for operation of schools is not determined in the
771 annual appropriations act or the substantive bill implementing
772 the annual appropriations act, it shall be determined as
773 follows:
774 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
775 Legislature shall prescribe the aggregate required local effort
776 for all school districts collectively as an item in the General
777 Appropriations Act for each fiscal year. The amount that each
778 district shall provide annually toward the cost of the Florida
779 Education Finance Program for kindergarten through grade 12
780 programs shall be calculated as follows:
781 (a) Estimated taxable value calculations.—
782 1.a. Not later than 2 working days before July 19, the
783 Department of Revenue shall certify to the Commissioner of
784 Education its most recent estimate of the taxable value for
785 school purposes in each school district and the total for all
786 school districts in the state for the current calendar year
787 based on the latest available data obtained from the local
788 property appraisers. The value certified shall be the taxable
789 value for school purposes for that year, and no further
790 adjustments shall be made, except those made pursuant to
791 paragraphs (c) and (d), or an assessment roll change required by
792 final judicial decisions as specified in paragraph (19)(b)
793 (16)(b). Not later than July 19, the Commissioner of Education
794 shall compute a millage rate, rounded to the next highest one
795 one-thousandth of a mill, which, when applied to 96 percent of
796 the estimated state total taxable value for school purposes,
797 would generate the prescribed aggregate required local effort
798 for that year for all districts. The Commissioner of Education
799 shall certify to each district school board the millage rate,
800 computed as prescribed in this subparagraph, as the minimum
801 millage rate necessary to provide the district required local
802 effort for that year.
803 b. The General Appropriations Act shall direct the
804 computation of the statewide adjusted aggregate amount for
805 required local effort for all school districts collectively from
806 ad valorem taxes to ensure that no school district’s revenue
807 from required local effort millage will produce more than 90
808 percent of the district’s total Florida Education Finance
809 Program calculation as calculated and adopted by the
810 Legislature, and the adjustment of the required local effort
811 millage rate of each district that produces more than 90 percent
812 of its total Florida Education Finance Program entitlement to a
813 level that will produce only 90 percent of its total Florida
814 Education Finance Program entitlement in the July calculation.
815 2. On the same date as the certification in sub
816 subparagraph 1.a., the Department of Revenue shall certify to
817 the Commissioner of Education for each district:
818 a. Each year for which the property appraiser has certified
819 the taxable value pursuant to s. 193.122(2) or (3), if
820 applicable, since the prior certification under sub-subparagraph
821 1.a.
822 b. For each year identified in sub-subparagraph a., the
823 taxable value certified by the appraiser pursuant to s.
824 193.122(2) or (3), if applicable, since the prior certification
825 under sub-subparagraph 1.a. This is the certification that
826 reflects all final administrative actions of the value
827 adjustment board.
828 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
829 annually in the General Appropriations Act determine a
830 percentage increase in funds per K-12 unweighted FTE as a
831 minimum guarantee to each school district. The guarantee shall
832 be calculated from prior year base funding per unweighted FTE
833 student which shall include the adjusted FTE dollars as provided
834 in subsection (19) (16), quality guarantee funds, and actual
835 nonvoted discretionary local effort from taxes. From the base
836 funding per unweighted FTE, the increase shall be calculated for
837 the current year. The current year funds from which the
838 guarantee shall be determined shall include the adjusted FTE
839 dollars as provided in subsection (19) (16) and potential
840 nonvoted discretionary local effort from taxes. A comparison of
841 current year funds per unweighted FTE to prior year funds per
842 unweighted FTE shall be computed. For those school districts
843 which have less than the legislatively assigned percentage
844 increase, funds shall be provided to guarantee the assigned
845 percentage increase in funds per unweighted FTE student. Should
846 appropriated funds be less than the sum of this calculated
847 amount for all districts, the commissioner shall prorate each
848 district’s allocation. This provision shall be implemented to
849 the extent specifically funded.
850 (16) HOPE SUPPLEMENTAL SERVICES ALLOCATION.-The hope
851 supplemental services allocation is created to provide district
852 managed turnaround schools, as required under s. 1008.33(4)(a),
853 charter schools authorized under s. 1008.33(4)(b)2., district
854 managed charter schools authorized under s. 1008.33(4)(b)3.a.,
855 schools of hope authorized under s. 1008.33(4)(b)3.b., and
856 franchise model schools as authorized under s. 1008.33(4)(b)4.,
857 with funds to offer services designed to improve the overall
858 academic and community welfare of the schools’ students and
859 their families.
860 (a) Services funded by the allocation may include, but are
861 not limited to, tutorial and after-school programs, student
862 counseling, nutrition education, and parental counseling. In
863 addition, services may also include models that develop a
864 culture that encourages students to complete high school and to
865 attend college or career training, set high academic
866 expectations, inspire character development, and include an
867 extended school day and school year.
868 (b) Prior to distribution of the allocation, a school
869 district, for a district turnaround school and persistently low
870 performing schools that use a franchise model; a hope operator,
871 for a school of hope; or the charter school governing board for
872 a charter school, as applicable, shall develop and submit a plan
873 for implementation to its respective governing body for approval
874 no later than August 1 of the fiscal year.
875 (c) At a minimum, the plans required under paragraph (b)
876 must:
877 1. Establish comprehensive support services that develop
878 family and community partnerships;
879 2. Establish clearly defined and measurable high academic
880 and character standards;
881 3. Increase parental involvement and engagement in the
882 child’s education;
883 4. Describe how instructional personnel will be identified,
884 recruited, retained, and rewarded;
885 5. Provide professional development that focuses on
886 academic rigor, direct instruction, and creating high academic
887 and character standards; and
888 6. Provide focused instruction to improve student academic
889 proficiency, which may include additional instruction time
890 beyond the normal school day or school year.
891 (d) Each school district and hope operator shall submit
892 approved plans to the commissioner by September 1 of each fiscal
893 year.
894 (e) For the 2018-2019 fiscal year, a school that is
895 selected to receive funding in the 2017-2018 fiscal year
896 pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A
897 district-managed turnaround school required under s.
898 1008.33(4)(a), charter school authorized under s.
899 1008.33(4)(b)2., district-managed charter school authorized
900 under s. 1008.33(4)(b)3.a., school of hope authorized under s.
901 1008.33(4)(b)3.b., and franchise model school authorized under
902 s. 1008.33(4)(b)4. are eligible for the remaining funds based on
903 the school’s unweighted FTE, up to $2,000 per FTE or as provided
904 in the General Appropriations Act.
905 (f) For the 2019-2020 fiscal year and thereafter, each
906 school district’s allocation shall be based on the unweighted
907 FTE student enrollment at the eligible schools and a per-FTE
908 funding amount of up to $2,000 per FTE or as provided in the
909 General Appropriations Act. If the calculated funds for
910 unweighted FTE student enrollment at the eligible schools exceed
911 the per-FTE funds appropriated, the allocation of funds to each
912 school district must be prorated based on each school district’s
913 share of the total unweighted FTE student enrollment for the
914 eligible schools.
915 (17) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
916 assistance allocation is created to provide supplemental funding
917 to assist school districts in establishing or expanding
918 comprehensive school-based mental health programs that increase
919 awareness of mental health issues among children and school-age
920 youth; train educators and other school staff in detecting and
921 responding to mental health issues; and connect children, youth,
922 and families who may experience behavioral health issues with
923 appropriate services. These funds may be allocated annually in
924 the General Appropriations Act to each eligible school district
925 and developmental research school based on each entity’s
926 proportionate share of Florida Education Finance Program base
927 funding. The district funding allocation must include a minimum
928 amount as specified in the General Appropriations Act. Upon
929 submission and approval of a plan that includes the elements
930 specified in paragraph (b), charter schools are also entitled to
931 a proportionate share of district funding for this program. The
932 allocated funds may not supplant funds that are provided for
933 this purpose from other operating funds and may not be used to
934 increase salaries or provide bonuses.
935 (a) Prior to the distribution of the allocation:
936 1. The district must annually develop and submit a detailed
937 plan outlining the local program and planned expenditures to the
938 district school board for approval.
939 2. A charter school must annually develop and submit a
940 detailed plan outlining the local program and planned
941 expenditures of the funds in the plan to its governing body for
942 approval. After the plan is approved by the governing body, it
943 must be provided to its school district for submission to the
944 commissioner.
945 (b) The plans required under paragraph (a) must include, at
946 a minimum, all of the following elements:
947 1. A collaborative effort or partnership between the school
948 district and at least one local community program or agency
949 involved in mental health to provide or to improve prevention,
950 diagnosis, and treatment services for students;
951 2. Programs to assist students in dealing with bullying,
952 trauma, and violence;
953 3. Strategies or programs to reduce the likelihood of at
954 risk students developing social, emotional, or behavioral health
955 problems or substance use disorders;
956 4. Strategies to improve the early identification of
957 social, emotional, or behavioral problems or substance use
958 disorders and to improve the provision of early intervention
959 services;
960 5. Strategies to enhance the availability of school-based
961 crisis intervention services and appropriate referrals for
962 students in need of mental health services; and
963 6. Training opportunities for school personnel in the
964 techniques and supports needed to identify students who have
965 trauma histories and who have or are at risk of having a mental
966 illness, and in the use of referral mechanisms that effectively
967 link such students to appropriate treatment and intervention
968 services in the school and in the community.
969 (c) The districts shall submit approved plans to the
970 commissioner by August 1 of each fiscal year.
971 (d) Beginning September 30, 2019, and by each September 30
972 thereafter, each entity that receives an allocation under this
973 subsection shall submit to the commissioner, in a format
974 prescribed by the department, a final report on its program
975 outcomes and its expenditures for each element of the program.
976 (18) FUNDING COMPRESSION ALLOCATION.—The Legislature may
977 provide an annual funding compression allocation in the General
978 Appropriations Act. The allocation is created to provide
979 additional funding to school districts and developmental
980 research schools whose total funds per FTE in the prior year
981 were less than the statewide average. Using the most recent
982 prior year FEFP calculation for each eligible school district,
983 the total funds per FTE shall be subtracted from the state
984 average funds per FTE, not including any adjustments made
985 pursuant to paragraph (19)(b). The resulting funds per FTE
986 difference, or a portion thereof, as designated in the General
987 Appropriations Act, shall then be multiplied by the school
988 district’s total unweighted FTE to provide the allocation. If
989 the calculated funds are greater than the amount included in the
990 General Appropriations Act, they must be prorated to the
991 appropriation amount based on each participating school
992 district’s share.
993 Section 8. Subsection (5) of section 1011.69, Florida
994 Statutes, is amended to read:
995 1011.69 Equity in School-Level Funding Act.—
996 (5) After providing Title I, Part A, Basic funds to schools
997 above the 75 percent poverty threshold, which may include high
998 schools above the 50 percent threshold as allowed by federal
999 law, school districts shall provide any remaining Title I, Part
1000 A, Basic funds directly to all eligible schools as provided in
1001 this subsection. For purposes of this subsection, an eligible
1002 school is a school that is eligible to receive Title I funds,
1003 including a charter school. The threshold for identifying
1004 eligible schools may not exceed the threshold established by a
1005 school district for the 2016-2017 school year or the statewide
1006 percentage of economically disadvantaged students, as determined
1007 annually.
1008 (a) Prior to the allocation of Title I funds to eligible
1009 schools, a school district may withhold funds only as follows:
1010 1. One percent for parent involvement, in addition to the
1011 one percent the district must reserve under federal law for
1012 allocations to eligible schools for parent involvement;
1013 2. A necessary and reasonable amount for administration;,
1014 3. which includes The district’s approved indirect cost
1015 rate, not to exceed a total of 8 percent; and
1016 4.3. A reasonable and necessary amount to provide:
1017 a. Homeless programs;
1018 b. Delinquent and neglected programs;
1019 c. Prekindergarten programs and activities;
1020 d. Private school equitable services; and
1021 e. Transportation for foster care children to their school
1022 of origin or choice programs; and.
1023 5. A necessary and reasonable amount for eligible schools
1024 to provide:
1025 a. Extended learning opportunities, such as summer school,
1026 before-school and after-school programs, and additional class
1027 periods of instruction during the school day; and
1028 b. Supplemental academic and enrichment services, staff
1029 development, and planning and curriculum, as well as wrap-around
1030 services.
1031 (b) All remaining Title I funds shall be distributed to all
1032 eligible schools in accordance with federal law and regulation.
1033 To maximize the efficient use of resources, school districts may
1034 allow eligible schools, not including charter schools, to An
1035 eligible school may use funds under this subsection for
1036 district-level to participate in discretionary educational
1037 services provided by the school district.
1038 Section 9. Subsection (5) of section 1011.71, Florida
1039 Statutes, is amended to read:
1040 1011.71 District school tax.—
1041 (5) Effective July 1, 2008, A school district may expend,
1042 subject to the provisions of s. 200.065, up to $150 $100 per
1043 unweighted full-time equivalent student from the revenue
1044 generated by the millage levy authorized by subsection (2) to
1045 fund, in addition to expenditures authorized in paragraphs
1046 (2)(a)-(j), expenses for the following:
1047 (a) The purchase, lease-purchase, or lease of driver’s
1048 education vehicles; motor vehicles used for the maintenance or
1049 operation of plants and equipment; security vehicles; or
1050 vehicles used in storing or distributing materials and
1051 equipment.
1052 (b) Payment of the cost of premiums, as defined in s.
1053 627.403, for property and casualty insurance necessary to insure
1054 school district educational and ancillary plants. As used in
1055 this paragraph, casualty insurance has the same meaning as in s.
1056 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
1057 are made available through the payment of property and casualty
1058 insurance premiums from revenues generated under this subsection
1059 may be expended only for nonrecurring operational expenditures
1060 of the school district.
1061 Section 10. Paragraph (c) of subsection (3) of section
1062 1012.731, Florida Statutes, is amended to read:
1063 1012.731 The Florida Best and Brightest Teacher Scholarship
1064 Program.—
1065 (3)
1066 (c) Notwithstanding the requirements of this subsection,
1067 for the 2017-2018, 2018-2019, and 2019-2020 school years, any
1068 classroom teacher who:
1069 1. Was evaluated as highly effective pursuant to s. 1012.34
1070 in the school year immediately preceding the year in which the
1071 scholarship will be awarded shall receive a scholarship of
1072 $1200, including a classroom teacher who received an award
1073 pursuant to paragraph (a).
1074 2. Was evaluated as effective pursuant to s. 1012.34 in the
1075 school year immediately preceding the year in which the
1076 scholarship will be awarded a scholarship of up to $800. If the
1077 number of eligible classroom teachers under this subparagraph
1078 exceeds the total allocation, the department shall prorate the
1079 per-teacher scholarship amount.
1080
1081 This paragraph expires July 1, 2020.
1082 Section 11. Subsections (2), (3), and (4) of section
1083 1012.732, Florida Statutes, are amended to read:
1084 1012.732 The Florida Best and Brightest Principal
1085 Scholarship Program.—
1086 (2) There is created the Florida Best and Brightest
1087 Principal Scholarship Program to be administered by the
1088 Department of Education. The program shall provide categorical
1089 funding for scholarships to be awarded to school principals, as
1090 defined in s. 1012.01(3)(c)1., who are serving as a franchise
1091 model school principal or who have recruited and retained a high
1092 percentage of best and brightest teachers.
1093 (3)(a) A school principal identified pursuant to s.
1094 1012.731(4)(c) is eligible to receive a scholarship under this
1095 section if he or she has served as school principal at his or
1096 her school for at least 2 consecutive school years including the
1097 current school year and his or her school has a ratio of best
1098 and brightest teachers to other classroom teachers that is at
1099 the 80th percentile or higher for schools within the same grade
1100 group, statewide, including elementary schools, middle schools,
1101 high schools, and schools with a combination of grade levels.
1102 (b) A principal of a franchise model school, as defined in
1103 s. 1002.334, is eligible to receive a scholarship under this
1104 section.
1105 (4) Annually, by February 1, the department shall identify
1106 eligible school principals and disburse funds to each school
1107 district for each eligible school principal to receive a
1108 scholarship.
1109 (a) A scholarship of $10,000 $5,000 must be awarded to each
1110 franchise model school principal who is every eligible under
1111 paragraph (3)(b).
1112 (b) A scholarship of $5,000 must be awarded to each school
1113 principal assigned to a Title I school and a scholarship of
1114 $4,000 to each every eligible school principal who is not
1115 assigned to a Title I school and who is eligible under paragraph
1116 (3)(a).
1117 Section 12. Present paragraphs (a) through (d) of
1118 subsection (1) of section 1013.31, Florida Statutes, are
1119 redesignated as paragraphs (b) through (e), respectively, and a
1120 new paragraph (a) is added to that subsection, to read:
1121 1013.31 Educational plant survey; localized need
1122 assessment; PECO project funding.—
1123 (1) At least every 5 years, each board shall arrange for an
1124 educational plant survey, to aid in formulating plans for
1125 housing the educational program and student population, faculty,
1126 administrators, staff, and auxiliary and ancillary services of
1127 the district or campus, including consideration of the local
1128 comprehensive plan. The Department of Education shall document
1129 the need for additional career and adult education programs and
1130 the continuation of existing programs before facility
1131 construction or renovation related to career or adult education
1132 may be included in the educational plant survey of a school
1133 district or Florida College System institution that delivers
1134 career or adult education programs. Information used by the
1135 Department of Education to establish facility needs must
1136 include, but need not be limited to, labor market data, needs
1137 analysis, and information submitted by the school district or
1138 Florida College System institution.
1139 (a) Educational plant survey and localized need assessment
1140 for capital outlay purposes.—A district may only use funds from
1141 the following sources for educational, auxiliary, and ancillary
1142 plant capital outlay purposes without needing a survey
1143 recommendation:
1144 1. The local capital outlay improvement fund, consisting of
1145 funds that come from and are a part of the district’s basic
1146 operating budget;
1147 2. If a board decides to build an educational, auxiliary,
1148 or ancillary facility without a survey recommendation and the
1149 taxpayers approve a bond referendum, the voted bond referendum;
1150 3. One-half cent sales surtax revenue;
1151 4. One cent local governmental surtax revenue;
1152 5. Impact fees; and
1153 6. Private gifts or donations.
1154 Section 13. Paragraph (e) is added to subsection (2) of
1155 section 1013.385, Florida Statutes, to read:
1156 1013.385 School district construction flexibility.—
1157 (2) A resolution adopted under this section may propose
1158 implementation of exceptions to requirements of the uniform
1159 statewide building code for the planning and construction of
1160 public educational and ancillary plants adopted pursuant to ss.
1161 553.73 and 1013.37 relating to:
1162 (e) Any other provisions that limit the ability of a school
1163 to operate in a facility on the same basis as a charter school
1164 pursuant to s. 1002.33(18) if the regional planning council
1165 determines that there is sufficient shelter capacity within the
1166 school district as documented in the Statewide Emergency Shelter
1167 Plan.
1168 Section 14. Subsection (3) of section 1013.62, Florida
1169 Statutes, is amended, and paragraph (c) is added to subsection
1170 (1) of that section, to read:
1171 1013.62 Charter schools capital outlay funding.—
1172 (1) Charter school capital outlay funding shall consist of
1173 revenue resulting from the discretionary millage authorized in
1174 s. 1011.71(2) and state funds when such funds are appropriated
1175 in the General Appropriations Act.
1176 (c) It is the intent of the Legislature that the public
1177 interest be protected by prohibiting personal financial
1178 enrichment by owners, operators, managers, real estate
1179 developers, and other affiliated parties of charter schools.
1180 Therefore, a charter school is not eligible for a funding
1181 allocation unless the chair of the governing board and the chief
1182 administrative officer of the charter school annually certify
1183 under oath that the funds will be used solely and exclusively
1184 for constructing, renovating, or improving charter school
1185 facilities that are:
1186 1. Owned by a school district, a political subdivision of
1187 the state, a municipality, a Florida College System institution,
1188 or a state university;
1189 2. Owned by an organization that is qualified as an exempt
1190 organization under s. 501(c)(3) of the Internal Revenue Code
1191 whose articles of incorporation specify that, upon the
1192 organization’s dissolution, the subject property will be
1193 transferred to a school district, a political subdivision of the
1194 state, a municipality, a Florida College System institution, or
1195 a state university; or
1196 3. Owned by and leased, at a fair market value in the
1197 school district in which the charter school is located, from a
1198 person or entity that is not an affiliated party of the charter
1199 school. For the purposes of this subparagraph, the term
1200 “affiliated party of the charter school” means the applicant for
1201 the charter school pursuant to s. 1002.33; the governing board
1202 of the charter school or a member of the governing board; the
1203 charter school owner; the charter school principal; an employee
1204 of the charter school; an independent contractor of the charter
1205 school or the governing board of the charter school; a relative,
1206 as defined in s. 1002.33(24)(a)2., of a charter school governing
1207 board member, a charter school owner, a charter school
1208 principal, a charter school employee, or an independent
1209 contractor of a charter school or charter school governing
1210 board; a subsidiary corporation, a service corporation, an
1211 affiliated corporation, a parent corporation, a limited
1212 liability company, a limited partnership, a trust, a
1213 partnership, or a related party that, individually or through
1214 one or more entities, shares common ownership or control and
1215 directly or indirectly manages, administers, controls, or
1216 oversees the operation of the charter school; or any person or
1217 entity, individually or through one or more entities that share
1218 common ownership, which directly or indirectly manages,
1219 administers, controls, or oversees the operation of any of the
1220 foregoing.
1221 (3) If the school board levies the discretionary millage
1222 authorized in s. 1011.71(2), the department shall use the
1223 following calculation methodology to determine the amount of
1224 revenue that a school district must distribute to each eligible
1225 charter school:
1226 (a) Reduce the total discretionary millage revenue by the
1227 school district’s annual debt service obligation incurred as of
1228 March 1, 2017, and any amount of participation requirement
1229 pursuant to s. 1013.64(2)(a)8. that is being satisfied by
1230 revenues raised by the discretionary millage.
1231 (b) Divide the school district’s adjusted discretionary
1232 millage revenue by the district’s total capital outlay full-time
1233 equivalent membership and the total number of unweighted full
1234 time equivalent students of each eligible charter school to
1235 determine a capital outlay allocation per full-time equivalent
1236 student.
1237 (c) Multiply the capital outlay allocation per full-time
1238 equivalent student by the total number of full-time equivalent
1239 students for all of each eligible charter schools within the
1240 district school to determine the total charter school capital
1241 outlay allocation for each district charter school.
1242 (d) If applicable, reduce the capital outlay allocation
1243 identified in paragraph (c) by the total amount of state funds
1244 allocated pursuant to subsection (2) to all each eligible
1245 charter schools within a district school in subsection (2) to
1246 determine the net total maximum calculated capital outlay
1247 allocation from local funds. If state funds are not allocated
1248 pursuant to subsection (2), the amount determined in paragraph
1249 (c) is equal to the net total calculated capital outlay
1250 allocation from local funds for each district.
1251 (e) For each charter school within each district, the net
1252 capital outlay amount from local funds shall be calculated in
1253 the same manner as the state funds in paragraphs (2)(a)-(d),
1254 except that the base charter school per weighted FTE allocation
1255 amount shall be determined by dividing the net total capital
1256 outlay amount from local funds by the total weighted FTE for all
1257 eligible charter schools within the district. The per weighted
1258 FTE allocation amount from local funds shall be multiplied by
1259 the weighted FTE for each charter school to determine each
1260 charter school’s capital outlay allocation from local funds.
1261 (f)(e) School districts shall distribute capital outlay
1262 funds to charter schools no later than February 1 of each year,
1263 beginning on February 1, 2018, for the 2017-2018 fiscal year.
1264 Section 15. This act shall take effect July 1, 2018.