Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. CS for SB 1434
Ì396932;Î396932
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/15/2018 .
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Appropriations Subcommittee on Pre-K - 12 Education (Passidomo)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1) and (2), paragraph (a) of
6 subsection (4), paragraphs (b), (g), and (i) of subsection (5),
7 paragraph (a) of subsection (7), subsection (9), and paragraph
8 (b) of subsection (10) of section 1002.333, Florida Statutes,
9 are amended to read:
10 1002.333 Persistently low-performing schools.—
11 (1) DEFINITIONS.—As used in this section, the term:
12 (a) “Hope operator” means an entity identified by the
13 department pursuant to subsection (2).
14 (b) “Persistently low-performing school” means a school
15 that has completed 2 school years of a district-managed
16 turnaround plan required under s. 1008.33(4)(a) and has not
17 improved its school grade to a “C” or higher, earned three
18 consecutive grades lower than a “C,” pursuant to s. 1008.34, and
19 a school that was closed pursuant to s. 1008.33(4) within 2
20 years after the submission of a notice of intent.
21 (c) “School of hope” means:
22 1. A charter school operated by a hope operator which
23 serves students from one or more persistently low-performing
24 schools; is located in the attendance zone of a persistently
25 low-performing school or within a 5-mile radius of such school,
26 whichever is greater; and is a Title I eligible school; or
27 2. A school operated by a hope operator pursuant to s.
28 1008.33(4)(b)3.b. s. 1008.33(4)(b)3.
29 (2) HOPE OPERATOR.—A hope operator is a nonprofit
30 organization with tax exempt status under s. 501(c)(3) of the
31 Internal Revenue Code which that operates three or more charter
32 schools that serve students in grades K-12 in Florida or other
33 states with a record of serving students from low-income
34 families and is designated by the State Board of Education as a
35 hope operator based on a determination that:
36 (a) The past performance of the hope operator meets or
37 exceeds the following criteria:
38 1. The achievement of enrolled students exceeds the
39 district and state averages of the states in which the
40 operator’s schools operate;
41 2. The average college attendance rate at all schools
42 currently operated by the operator exceeds 80 percent, if such
43 data is available;
44 3. The percentage of students eligible for a free or
45 reduced price lunch under the National School Lunch Act enrolled
46 at all schools currently operated by the operator exceeds 70
47 percent;
48 4. The operator is in good standing with the authorizer in
49 each state in which it operates;
50 5. The audited financial statements of the operator are
51 free of material misstatements and going concern issues; and
52 6. Other outcome measures as determined by the State Board
53 of Education;
54 (b) The operator was awarded a United States Department of
55 Education Charter School Program Grant for Replication and
56 Expansion of High-Quality Charter Schools within the preceding 3
57 years before applying to be a hope operator;
58 (c) The operator receives funding through the National Fund
59 of the Charter School Growth Fund to accelerate the growth of
60 the nation’s best charter schools; or
61 (d) The operator is selected by a district school board in
62 accordance with s. 1008.33.
63
64 An entity that meets the requirements of paragraph (b),
65 paragraph (c), or paragraph (d) before the adoption by the state
66 board of measurable criteria pursuant to paragraph (a) shall be
67 designated as a hope operator. After the adoption of the
68 measurable criteria, an entity, including a governing board that
69 operates a school established pursuant to s. 1008.33(4)(b)3.b.
70 s. 1008.33(4)(b)3., shall be designated as a hope operator if it
71 meets the criteria of paragraph (a).
72 (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator
73 seeking to open a school of hope must submit a notice of intent
74 to the school district in which a persistently low-performing
75 school has been identified by the State Board of Education
76 pursuant to subsection (10).
77 (a) The notice of intent must include all of the following:
78 1. An academic focus and plan.
79 2. A financial plan.
80 3. Goals and objectives for increasing student achievement
81 for the students from low-income families.
82 4. A completed or planned community outreach plan.
83 5. The organizational history of success in working with
84 students with similar demographics.
85 6. The grade levels to be served and enrollment
86 projections.
87 7. The specific proposed location or geographic area
88 proposed for the school and its proximity to the persistently
89 low-performing school or the plan to use the district-owned
90 facilities of the persistently low-performing school.
91 8. A staffing plan.
92 9. An operations plan specifying the operator’s intent to
93 undertake the operations of the persistently low-performing
94 school in its entirety or through limited components of the
95 operations.
96 (5) PERFORMANCE-BASED AGREEMENT.—The following shall
97 comprise the entirety of the performance-based agreement:
98 (b) The location or geographic area proposed for the school
99 of hope and its proximity to the persistently low-performing
100 school.
101 (f)(g) The grounds for termination, including failure to
102 meet the requirements for student performance established
103 pursuant to paragraph (d) (e), generally accepted standards of
104 fiscal management, or material violation of terms of the
105 agreement. The nonrenewal or termination of a performance-based
106 agreement must comply with the requirements of s. 1002.33(8).
107 (h)(i) A provision establishing the initial term as 5
108 years. The agreement must shall be renewed, upon the request of
109 the hope operator, unless the school fails to meet the
110 requirements for student performance established pursuant to
111 paragraph (d) (e) or generally accepted standards of fiscal
112 management or the school of hope materially violates the law or
113 the terms of the agreement.
114 (7) FACILITIES.—
115 (a)1. A school of hope that meets the definition under
116 subparagraph (1)(c)1. shall use facilities that comply with the
117 Florida Building Code, except for the State Requirements for
118 Educational Facilities. A school of hope that uses school
119 district facilities must comply with the State Requirements for
120 Educational Facilities only if the school district and the hope
121 operator have entered into a mutual management plan for the
122 reasonable maintenance of such facilities. The mutual management
123 plan shall contain a provision by which the district school
124 board agrees to maintain the school facilities in the same
125 manner as its other public schools within the district.
126 2. A school of hope that meets the definition under
127 subparagraph (1)(c)2. and that receives funds from the hope
128 supplemental services allocation under s. 1011.62(16) shall use
129 the district-owned facilities of the persistently low-performing
130 school that the school of hope operates. A school of hope that
131 uses district-owned facilities must enter into a mutual
132 management plan with the school district for the reasonable
133 maintenance of the facilities. The mutual management plan must
134 contain a provision specifying that the district school board
135 agrees to maintain the school facilities in the same manner as
136 other public schools within the district.
137
138 The local governing authority shall not adopt or impose any
139 local building requirements or site-development restrictions,
140 such as parking and site-size criteria, student enrollment, and
141 occupant load, that are addressed by and more stringent than
142 those found in the State Requirements for Educational Facilities
143 of the Florida Building Code. A local governing authority must
144 treat schools of hope equitably in comparison to similar
145 requirements, restrictions, and site planning processes imposed
146 upon public schools. The agency having jurisdiction for
147 inspection of a facility and issuance of a certificate of
148 occupancy or use shall be the local municipality or, if in an
149 unincorporated area, the county governing authority. If an
150 official or employee of the local governing authority refuses to
151 comply with this paragraph, the aggrieved school or entity has
152 an immediate right to bring an action in circuit court to
153 enforce its rights by injunction. An aggrieved party that
154 receives injunctive relief may be awarded reasonable attorney
155 fees and court costs.
156 (9) FUNDING.—
157 (a) Schools of hope shall be funded in accordance with s.
158 1002.33(17).
159 (b) Schools of hope shall receive priority in the
160 department’s Public Charter School Grant Program competitions.
161 (c) Schools of hope shall be considered charter schools for
162 purposes of s. 1013.62, except charter capital outlay may not be
163 used to purchase real property or for the construction of school
164 facilities.
165 (d) Schools of hope that meet the definition under
166 subparagraph (1)(c)1. are eligible to receive funds from the
167 Schools of Hope Program.
168 (e) Schools of hope that meet the definition under
169 subparagraph (1)(c)2. are eligible to receive funds from the
170 hope supplemental services allocation established under s.
171 1011.62(16).
172 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
173 is created within the Department of Education.
174 (b) A traditional public school that is required to submit
175 a plan for implementation pursuant to s. 1008.33(4) is eligible
176 to receive funding for services authorized up to $2,000 per
177 full-time equivalent student from the hope supplemental services
178 allocation established under s. 1011.62(16). Schools of Hope
179 Program based upon the strength of the school’s plan for
180 implementation and its focus on evidence-based interventions
181 that lead to student success by providing wrap-around services
182 that leverage community assets, improve school and community
183 collaboration, and develop family and community partnerships.
184 Wrap-around services include, but are not limited to, tutorial
185 and after-school programs, student counseling, nutrition
186 education, parental counseling, and adult education. Plans for
187 implementation may also include models that develop a culture of
188 attending college, high academic expectations, character
189 development, dress codes, and an extended school day and school
190 year. At a minimum, a plan for implementation must:
191 1. Establish wrap-around services that develop family and
192 community partnerships.
193 2. Establish clearly defined and measurable high academic
194 and character standards.
195 3. Increase parental involvement and engagement in the
196 child’s education.
197 4. Describe how the school district will identify, recruit,
198 retain, and reward instructional personnel. The state board may
199 waive the requirements of s. 1012.22(1)(c)5., and suspend the
200 requirements of s. 1012.34, to facilitate implementation of the
201 plan.
202 5. Identify a knowledge-rich curriculum that the school
203 will use that focuses on developing a student’s background
204 knowledge.
205 6. Provide professional development that focuses on
206 academic rigor, direct instruction, and creating high academic
207 and character standards.
208 Section 2. Section 1002.334, Florida Statutes, is created
209 to read:
210 1002.334 Franchise model schools.—
211 (1) As used in this section, the term “franchise model
212 school” means a persistently low-performing school, as defined
213 in s. 1002.333(1)(b), which is led by a highly effective
214 principal in addition to the principal’s currently assigned
215 school. If a franchise model school achieves a grade of “C” or
216 higher, the school may retain its status as a franchise model
217 school at the discretion of the school district.
218 (2) A school district that has one or more persistently
219 low-performing schools may use a franchise model school as a
220 school turnaround option pursuant to s. 1008.33(4)(b)4.
221 (3) A franchise model school principal:
222 (a) Must be rated as highly effective pursuant to s.
223 1012.34;
224 (b) May lead two or more schools, including a persistently
225 low-performing school or a school that was considered a
226 persistently low-performing school before becoming a franchise
227 model school;
228 (c) May allocate resources and personnel between the
229 schools under his or her administration; however, he or she must
230 expend hope supplemental services allocation funds, authorized
231 under s. 1011.62(16), at the franchise model school; and
232 (d) Is eligible to receive a Best and Brightest Principal
233 award under s. 1012.732.
234 Section 3. Section 1007.273, Florida Statutes, is amended
235 to read:
236 1007.273 Structured high school acceleration programs
237 Collegiate high school program.—
238 (1) Each Florida College System institution shall work with
239 each district school board in its designated service area to
240 establish one or more structured programs, including, but not
241 limited to, collegiate high school programs. As used in this
242 section, the term “structured program” means a structured high
243 school acceleration program.
244 (1)(2) PURPOSE.—At a minimum, structured collegiate high
245 school programs must include an option for public school
246 students in grade 11 or grade 12 participating in the structured
247 program, for at least 1 full school year, to earn CAPE industry
248 certifications pursuant to s. 1008.44, and to successfully
249 complete at least 30 credit hours through the dual enrollment
250 program under s. 1007.271. The structured program must
251 prioritize dual enrollment courses that are applicable toward
252 general education core courses or common prerequisite course
253 requirements under s. 1007.25 over dual enrollment courses
254 applicable as electives toward at least the first year of
255 college for an associate degree or baccalaureate degree while
256 enrolled in the structured program. A district school board may
257 not limit the number of eligible public school students who may
258 enroll in such structured programs.
259 (2)(3) REQUIRED STRUCTURED PROGRAM CONTRACTS.—
260 (a) Each district school board and its local Florida
261 College System institution shall execute a contract to establish
262 one or more structured collegiate high school programs at a
263 mutually agreed upon location or locations. Beginning with the
264 2015-2016 school year, If the local Florida College System
265 institution does not establish a structured program with a
266 district school board in its designated service area, another
267 Florida College System institution may execute a contract with
268 that district school board to establish the structured program.
269 The contract must be executed by January 1 of each school year
270 for implementation of the structured program during the next
271 school year. By August 1, 2018, a contract entered into before
272 January 1, 2018, for the 2018-2019 school year must be modified
273 to include the provisions of paragraph (b).
274 (b) The contract must:
275 1.(a) Identify the grade levels to be included in the
276 structured collegiate high school program; which must, at a
277 minimum, include grade 12.
278 2.(b) Describe the structured collegiate high school
279 program, including a list of the meta-major academic pathways
280 approved pursuant to s. 1008.30(4), which are available to
281 participating students through the partner Florida College
282 System institution or other eligible partner postsecondary
283 institutions; the delineation of courses that must, at a
284 minimum, include general education core courses and common
285 prerequisite course requirements pursuant to s. 1007.25; and
286 industry certifications offered, including online course
287 availability; the high school and college credits earned for
288 each postsecondary course completed and industry certification
289 earned; student eligibility criteria; and the enrollment process
290 and relevant deadlines;.
291 3.(c) Describe the methods, medium, and process by which
292 students and their parents are annually informed about the
293 availability of the structured collegiate high school program,
294 the return on investment associated with participation in the
295 structured program, and the information described in
296 subparagraphs 1. and 2.; paragraphs (a) and (b).
297 4.(d) Identify the delivery methods for instruction and the
298 instructors for all courses;.
299 5.(e) Identify student advising services and progress
300 monitoring mechanisms;.
301 6.(f) Establish a program review and reporting mechanism
302 regarding student performance outcomes; and.
303 7.(g) Describe the terms of funding arrangements to
304 implement the structured collegiate high school program pursuant
305 to paragraph (5)(a).
306 (3) STUDENT PERFORMANCE CONTRACT AND NOTIFICATION.—
307 (a)(4) Each student participating in a structured
308 collegiate high school program must enter into a student
309 performance contract which must be signed by the student, the
310 parent, and a representative of the school district and the
311 applicable Florida College System institution, state university,
312 or other institution participating pursuant to subsection (4)
313 (5). The performance contract must, at a minimum, specify
314 include the schedule of courses, by semester, and industry
315 certifications to be taken by the student, if any; student
316 attendance requirements;, and course grade requirements; and the
317 applicability of such courses to an associate degree or a
318 baccalaureate degree.
319 (b) By September 1 of each school year, each district
320 school board must notify each student enrolled in grades 9, 10,
321 11, and 12 in a public school within the school district about
322 the structured program, including, but not limited to:
323 1. The method for earning college credit through
324 participation in the structured program. The notification must
325 include website links to the dual enrollment course equivalency
326 list approved by the State Board of Education; the common degree
327 program prerequisite requirements published by the Articulation
328 Coordinating Committee pursuant to s. 1007.01(3)(f); the
329 industry certification articulation agreements adopted by the
330 State Board of Education in rule; and the approved meta-major
331 academic pathways of the partner Florida College System
332 institution and other eligible partner postsecondary
333 institutions participating pursuant to subsection (4); and
334 2. The estimated cost savings to students and their
335 families resulting from students successfully completing 30
336 credit hours applicable toward general education core courses or
337 common prerequisite course requirements before graduating from
338 high school versus the cost of earning such credit hours after
339 graduating from high school.
340 (4)(5) AUTHORIZED STRUCTURED PROGRAM CONTRACTS.—In addition
341 to executing a contract with the local Florida College System
342 institution under this section, a district school board may
343 execute a contract to establish a structured collegiate high
344 school program with a state university or an institution that is
345 eligible to participate in the William L. Boyd, IV, Florida
346 Resident Access Grant Program, that is a nonprofit independent
347 college or university located and chartered in this state, and
348 that is accredited by the Commission on Colleges of the Southern
349 Association of Colleges and Schools to grant baccalaureate
350 degrees. Such university or institution must meet the
351 requirements specified under subsections (2) (3) and (3) (4). A
352 charter school may execute a contract directly with the local
353 Florida College System institution or another institution as
354 authorized under this section to establish a structured program
355 at a mutually agreed upon location.
356 (5) FUNDING.—
357 (a)(6) The structured collegiate high school program shall
358 be funded pursuant to ss. 1007.271 and 1011.62. The State Board
359 of Education shall enforce compliance with this section by
360 withholding the transfer of funds for the school districts and
361 the Florida College System institutions in accordance with s.
362 1008.32. Annually, by December 31, the State Board of Education
363 shall enforce compliance with this section by withholding the
364 transfer of funds for the Florida College System institutions in
365 accordance with s. 1001.602.
366 (b) A student who enrolls in the structured program and
367 successfully completes at least 30 college credit hours during a
368 school year through the dual enrollment program under s.
369 1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A
370 student who enrolls in the structured program and successfully
371 completes an additional 30 college credit hours during a school
372 year, resulting in at least 60 college credit hours through the
373 dual enrollment program under s. 1007.271 applicable toward
374 fulfilling the requirements for an associate in arts degree or
375 an associate in science degree or a baccalaureate degree
376 pursuant to the student performance contract under subsection
377 (3), before graduating from high school, generates an additional
378 0.5 FTE bonus. Each district school board that is a contractual
379 partner with a Florida College System institution or other
380 eligible postsecondary institution shall report to the
381 commissioner the total FTE bonus for each structured program for
382 the students from that school district. The total FTE bonus
383 shall be added to each school district’s total weighted FTE for
384 funding in the subsequent fiscal year.
385 (c) For any industry certification a student attains under
386 this section, the FTE bonus shall be calculated and awarded in
387 accordance with s. 1011.62(1)(o).
388 (6) REPORTING REQUIREMENTS.—
389 (a) By September 1 of each school year, each district
390 school superintendent shall report to the commissioner, at a
391 minimum, the following information on each structured program
392 administered during the prior school year:
393 1. The number of students in public schools within the
394 school district who enrolled in the structured program, and the
395 partnering postsecondary institutions pursuant to subsections
396 (2) and (4);
397 2. The total and average number of dual enrollment courses
398 completed, high school and college credits earned, standard high
399 school diplomas and associate and baccalaureate degrees awarded,
400 and the number of industry certifications attained, if any, by
401 the students who enrolled in the structured program;
402 3. The projected student enrollment in the structured
403 program during the next school year; and
404 4. Any barriers to executing contracts to establish one or
405 more structured programs.
406 (b) By November 30 of each school year, the commissioner
407 must report to the Governor, the President of the Senate, and
408 the Speaker of the House of Representatives the status of
409 structured programs, including, at a minimum, a summary of
410 student enrollment and completion information pursuant to this
411 subsection; barriers, if any, to establishing such programs; and
412 recommendations for expanding access to such programs statewide.
413 Section 4. Paragraph (c) of subsection (3) and subsection
414 (4) of section 1008.33, Florida Statutes, are amended to read:
415 1008.33 Authority to enforce public school improvement.—
416 (3)
417 (c) The state board shall adopt by rule a differentiated
418 matrix of intervention and support strategies for assisting
419 traditional public schools identified under this section and
420 rules for implementing s. 1002.33(9)(n), relating to charter
421 schools.
422 1. The intervention and support strategies must address
423 efforts to improve student performance through one or more of
424 the following strategies: and may include
425 a. Improvement planning;
426 b. Leadership quality improvement;
427 c. Educator quality improvement;
428 d. Professional development;
429 e. Curriculum review, pacing, and alignment across grade
430 levels to improve background knowledge in social studies,
431 science, and the arts; and
432 f. The use of continuous improvement and monitoring plans
433 and processes.
434 2. In addition, The state board may prescribe reporting
435 requirements to review and monitor the progress of the schools.
436 The rule must define the intervention and support strategies for
437 school improvement for schools earning a grade of “D” or “F” and
438 the roles for the district and department.
439 (4)(a) The state board shall apply intensive intervention
440 and support strategies tailored to the needs of schools earning
441 two consecutive grades of “D” or a grade of “F.” In the first
442 full school year after a school initially earns two consecutive
443 grades of “D” or a grade of “F,” the school district must
444 immediately implement intervention and support strategies
445 prescribed in rule under paragraph (3)(c) and, by September 1,
446 provide the department with the memorandum of understanding
447 negotiated pursuant to s. 1001.42(21) and, by October 1, a
448 district-managed turnaround plan for approval by the state
449 board. The district-managed turnaround plan may include a
450 proposal for the district to implement an extended school day, a
451 summer program, or a combination of an extended school day and
452 summer program. Upon approval by the state board, the school
453 district must implement the plan for the remainder of the school
454 year and continue the plan for 1 full school year. The state
455 board may allow a school an additional year of implementation
456 before the school must implement a turnaround option required
457 under paragraph (b) if it determines that the school is likely
458 to improve to a grade of “C” or higher after the first full
459 school year of implementation.
460 (b) Unless an additional year of implementation is provided
461 pursuant to paragraph (a), a school that has completed 2 school
462 years of a district-managed turnaround plan required under
463 paragraph (a) and has not improved its school grade to a “C” or
464 higher, pursuant to s. 1008.34, earns three consecutive grades
465 below a “C” must implement one of the following options:
466 1. Reassign students to another school and monitor the
467 progress of each reassigned student.;
468 2. Close the school and reopen the school as one or more
469 charter schools, each with a governing board that has a
470 demonstrated record of effectiveness. Such charter schools are
471 eligible for funding from the hope supplemental services
472 allocation established under s. 1011.62(16).; or
473 3. Contract with an outside entity that has a demonstrated
474 record of effectiveness to operate the school. An outside entity
475 may include:
476 a. A district-managed charter school in which all
477 instructional personnel are not employees of the school
478 district, but are employees of an independent governing board
479 composed of members who did not participate in the review or
480 approval of the charter. A district-managed charter school is
481 eligible for funding from the hope supplemental services
482 allocation established in s. 1011.62(16); or
483 b. A hope operator that submits to a school district a
484 notice of intent of a performance-based agreement pursuant to s.
485 1002.333. A school of hope established pursuant to this sub
486 subparagraph is eligible for funding from the hope supplemental
487 services allocation for up to 5 years, beginning in the school
488 year in which the school of hope is established, if the school
489 of hope:
490 (I) Is established at the district-owned facilities of the
491 persistently low-performing school;
492 (II) Gives priority enrollment to students who are enrolled
493 in, or are eligible to attend and are living in the attendance
494 area of, the persistently low-performing school that the school
495 of hope operates, consistent with the enrollment lottery
496 exemption provided under s. 1002.333(5)(c); and
497 (III) Meets the requirements of its performance-based
498 agreement pursuant to s. 1002.333.
499 4. Implement a franchise model school in which a highly
500 effective principal, pursuant to s. 1012.34, leads the
501 persistently low-performing school in addition to the
502 principal’s currently assigned school. The franchise model
503 school principal may allocate resources and personnel between
504 the schools he or she leads. The persistently low-performing
505 school is eligible for funding from the hope supplemental
506 services allocation established under s. 1011.62(16).
507 (c) Implementation of the turnaround option is no longer
508 required if the school improves to a grade of “C” or higher.
509 (d) If a school earning two consecutive grades of “D” or a
510 grade of “F” does not improve to a grade of “C” or higher after
511 2 full school years of implementing the turnaround option
512 selected by the school district under paragraph (b), the school
513 district must implement another turnaround option.
514 Implementation of the turnaround option must begin the school
515 year following the implementation period of the existing
516 turnaround option, unless the state board determines that the
517 school is likely to improve to a grade of “C” or higher if
518 additional time is provided to implement the existing turnaround
519 option.
520 Section 5. Present subsections (16) and (17) of section
521 1011.62, Florida Statutes, are redesignated as subsections (19)
522 and (20), respectively, new subsections (16) and (17) and
523 subsection (18) are added to that section, and paragraph (a) of
524 subsection (4) and subsection (14) of that section are amended,
525 to read:
526 1011.62 Funds for operation of schools.—If the annual
527 allocation from the Florida Education Finance Program to each
528 district for operation of schools is not determined in the
529 annual appropriations act or the substantive bill implementing
530 the annual appropriations act, it shall be determined as
531 follows:
532 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
533 Legislature shall prescribe the aggregate required local effort
534 for all school districts collectively as an item in the General
535 Appropriations Act for each fiscal year. The amount that each
536 district shall provide annually toward the cost of the Florida
537 Education Finance Program for kindergarten through grade 12
538 programs shall be calculated as follows:
539 (a) Estimated taxable value calculations.—
540 1.a. Not later than 2 working days before July 19, the
541 Department of Revenue shall certify to the Commissioner of
542 Education its most recent estimate of the taxable value for
543 school purposes in each school district and the total for all
544 school districts in the state for the current calendar year
545 based on the latest available data obtained from the local
546 property appraisers. The value certified shall be the taxable
547 value for school purposes for that year, and no further
548 adjustments shall be made, except those made pursuant to
549 paragraphs (c) and (d), or an assessment roll change required by
550 final judicial decisions as specified in paragraph (19)(b)
551 (16)(b). Not later than July 19, the Commissioner of Education
552 shall compute a millage rate, rounded to the next highest one
553 one-thousandth of a mill, which, when applied to 96 percent of
554 the estimated state total taxable value for school purposes,
555 would generate the prescribed aggregate required local effort
556 for that year for all districts. The Commissioner of Education
557 shall certify to each district school board the millage rate,
558 computed as prescribed in this subparagraph, as the minimum
559 millage rate necessary to provide the district required local
560 effort for that year.
561 b. The General Appropriations Act shall direct the
562 computation of the statewide adjusted aggregate amount for
563 required local effort for all school districts collectively from
564 ad valorem taxes to ensure that no school district’s revenue
565 from required local effort millage will produce more than 90
566 percent of the district’s total Florida Education Finance
567 Program calculation as calculated and adopted by the
568 Legislature, and the adjustment of the required local effort
569 millage rate of each district that produces more than 90 percent
570 of its total Florida Education Finance Program entitlement to a
571 level that will produce only 90 percent of its total Florida
572 Education Finance Program entitlement in the July calculation.
573 2. On the same date as the certification in sub
574 subparagraph 1.a., the Department of Revenue shall certify to
575 the Commissioner of Education for each district:
576 a. Each year for which the property appraiser has certified
577 the taxable value pursuant to s. 193.122(2) or (3), if
578 applicable, since the prior certification under sub-subparagraph
579 1.a.
580 b. For each year identified in sub-subparagraph a., the
581 taxable value certified by the appraiser pursuant to s.
582 193.122(2) or (3), if applicable, since the prior certification
583 under sub-subparagraph 1.a. This is the certification that
584 reflects all final administrative actions of the value
585 adjustment board.
586 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
587 annually in the General Appropriations Act determine a
588 percentage increase in funds per K-12 unweighted FTE as a
589 minimum guarantee to each school district. The guarantee shall
590 be calculated from prior year base funding per unweighted FTE
591 student which shall include the adjusted FTE dollars as provided
592 in subsection (19) (16), quality guarantee funds, and actual
593 nonvoted discretionary local effort from taxes. From the base
594 funding per unweighted FTE, the increase shall be calculated for
595 the current year. The current year funds from which the
596 guarantee shall be determined shall include the adjusted FTE
597 dollars as provided in subsection (19) (16) and potential
598 nonvoted discretionary local effort from taxes. A comparison of
599 current year funds per unweighted FTE to prior year funds per
600 unweighted FTE shall be computed. For those school districts
601 which have less than the legislatively assigned percentage
602 increase, funds shall be provided to guarantee the assigned
603 percentage increase in funds per unweighted FTE student. Should
604 appropriated funds be less than the sum of this calculated
605 amount for all districts, the commissioner shall prorate each
606 district’s allocation. This provision shall be implemented to
607 the extent specifically funded.
608 (16) HOPE SUPPLEMENTAL SERVICES ALLOCATION.-The hope
609 supplemental services allocation is created to provide district
610 managed turnaround schools, as required under s. 1008.33(4)(a),
611 charter schools authorized under s. 1008.33(4)(b)2., district
612 managed charter schools authorized under s. 1008.33(4)(b)3.a.,
613 schools of hope authorized under s. 1008.33(4)(b)3.b., and
614 franchise model schools as authorized under s. 1008.33(4)(b)4.,
615 with funds to offer services designed to improve the overall
616 academic and community welfare of the schools’ students and
617 their families.
618 (a) Services funded by the allocation may include, but are
619 not limited to, tutorial and after-school programs, student
620 counseling, nutrition education, and parental counseling. In
621 addition, services may also include models that develop a
622 culture that encourages students to complete high school and to
623 attend college or career training, set high academic
624 expectations, inspire character development, and include an
625 extended school day and school year.
626 (b) Prior to distribution of the allocation, a school
627 district, for a district turnaround school and persistently low
628 performing schools that use a franchise model; a hope operator,
629 for a school of hope; or the charter school governing board for
630 a charter school, as applicable, shall develop and submit a plan
631 for implementation to its respective governing body for approval
632 no later than August 1 of the fiscal year.
633 (c) At a minimum, the plans required under paragraph (b)
634 must:
635 1. Establish comprehensive support services that develop
636 family and community partnerships;
637 2. Establish clearly defined and measurable high academic
638 and character standards;
639 3. Increase parental involvement and engagement in the
640 child’s education;
641 4. Describe how instructional personnel will be identified,
642 recruited, retained, and rewarded;
643 5. Provide professional development that focuses on
644 academic rigor, direct instruction, and creating high academic
645 and character standards; and
646 6. Provide focused instruction to improve student academic
647 proficiency, which may include additional instruction time
648 beyond the normal school day or school year.
649 (d) Each school district and hope operator shall submit
650 approved plans to the commissioner by September 1 of each fiscal
651 year.
652 (e) For the 2018-2019 fiscal year, a school that is
653 selected to receive funding in the 2017-2018 fiscal year
654 pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A
655 district-managed turnaround school required under s.
656 1008.33(4)(a), charter school authorized under s.
657 1008.33(4)(b)2., district-managed charter school authorized
658 under s. 1008.33(4)(b)3.a., school of hope authorized under s.
659 1008.33(4)(b)3.b., and franchise model school authorized under
660 s. 1008.33(4)(b)4. are eligible for the remaining funds based on
661 the school’s unweighted FTE, up to $2,000 per FTE or as provided
662 in the General Appropriations Act.
663 (f) For the 2019-2020 fiscal year and thereafter, each
664 school district’s allocation shall be based on the unweighted
665 FTE student enrollment at the eligible schools and a per-FTE
666 funding amount of up to $2,000 per FTE or as provided in the
667 General Appropriations Act. If the calculated funds for
668 unweighted FTE student enrollment at the eligible schools exceed
669 the per-FTE funds appropriated, the allocation of funds to each
670 school district must be prorated based on each school district’s
671 share of the total unweighted FTE student enrollment for the
672 eligible schools.
673 (17) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
674 assistance allocation is created to provide supplemental funding
675 to assist school districts in establishing or expanding
676 comprehensive school-based mental health programs that increase
677 awareness of mental health issues among children and school-age
678 youth; train educators and other school staff in detecting and
679 responding to mental health issues; and connect children, youth,
680 and families who may experience behavioral health issues with
681 appropriate services. These funds may be allocated annually in
682 the General Appropriations Act to each eligible school district
683 and developmental research school based on each entity’s
684 proportionate share of Florida Education Finance Program base
685 funding. The district funding allocation must include a minimum
686 amount as specified in the General Appropriations Act. Upon
687 submission and approval of a plan that includes the elements
688 specified in paragraph (b), charter schools are also entitled to
689 a proportionate share of district funding for this program. The
690 allocated funds may not supplant funds that are provided for
691 this purpose from other operating funds and may not be used to
692 increase salaries or provide bonuses.
693 (a) Prior to the distribution of the allocation:
694 1. The district must annually develop and submit a detailed
695 plan outlining the local program and planned expenditures to the
696 district school board for approval.
697 2. A charter school must annually develop and submit a
698 detailed plan outlining the local program and planned
699 expenditures of the funds in the plan to its governing body for
700 approval. After the plan is approved by the governing body, it
701 must be provided to its school district for submission to the
702 commissioner.
703 (b) The plans required under paragraph (a) must include, at
704 a minimum, all of the following elements:
705 1. A collaborative effort or partnership between the school
706 district and at least one local community program or agency
707 involved in mental health to provide or to improve prevention,
708 diagnosis, and treatment services for students;
709 2. Programs to assist students in dealing with bullying,
710 trauma, and violence;
711 3. Strategies or programs to reduce the likelihood of at
712 risk students developing social, emotional, or behavioral health
713 problems or substance use disorders;
714 4. Strategies to improve the early identification of
715 social, emotional, or behavioral problems or substance use
716 disorders and to improve the provision of early intervention
717 services;
718 5. Strategies to enhance the availability of school-based
719 crisis intervention services and appropriate referrals for
720 students in need of mental health services; and
721 6. Training opportunities for school personnel in the
722 techniques and supports needed to identify students who have
723 trauma histories and who have or are at risk of having a mental
724 illness, and in the use of referral mechanisms that effectively
725 link such students to appropriate treatment and intervention
726 services in the school and in the community.
727 (c) The districts shall submit approved plans to the
728 commissioner by August 1 of each fiscal year.
729 (d) Beginning September 30, 2019, and by each September 30
730 thereafter, each entity that receives an allocation under this
731 subsection shall submit to the commissioner, in a format
732 prescribed by the department, a final report on its program
733 outcomes and its expenditures for each element of the program.
734 (18) FUNDING COMPRESSION ALLOCATION.—The Legislature may
735 provide an annual funding compression allocation in the General
736 Appropriations Act. The allocation is created to provide
737 additional funding to school districts and developmental
738 research schools whose total funds per FTE in the prior year
739 were less than the statewide average. Using the most recent
740 prior year FEFP calculation for each eligible school district,
741 the total funds per FTE shall be subtracted from the state
742 average funds per FTE, not including any adjustments made
743 pursuant to paragraph (19)(b). The resulting funds per FTE
744 difference, or a portion thereof, as designated in the General
745 Appropriations Act, shall then be multiplied by the school
746 district’s total unweighted FTE to provide the allocation. If
747 the calculated funds are greater than the amount included in the
748 General Appropriations Act, they must be prorated to the
749 appropriation amount based on each participating school
750 district’s share.
751 Section 6. Subsection (5) of section 1011.71, Florida
752 Statutes, is amended to read:
753 1011.71 District school tax.—
754 (5) Effective July 1, 2008, A school district may expend,
755 subject to the provisions of s. 200.065, up to $150 $100 per
756 unweighted full-time equivalent student from the revenue
757 generated by the millage levy authorized by subsection (2) to
758 fund, in addition to expenditures authorized in paragraphs
759 (2)(a)-(j), expenses for the following:
760 (a) The purchase, lease-purchase, or lease of driver’s
761 education vehicles; motor vehicles used for the maintenance or
762 operation of plants and equipment; security vehicles; or
763 vehicles used in storing or distributing materials and
764 equipment.
765 (b) Payment of the cost of premiums, as defined in s.
766 627.403, for property and casualty insurance necessary to insure
767 school district educational and ancillary plants. As used in
768 this paragraph, casualty insurance has the same meaning as in s.
769 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
770 are made available through the payment of property and casualty
771 insurance premiums from revenues generated under this subsection
772 may be expended only for nonrecurring operational expenditures
773 of the school district.
774 Section 7. Paragraph (c) of subsection (3) of section
775 1012.731, Florida Statutes, is amended to read:
776 1012.731 The Florida Best and Brightest Teacher Scholarship
777 Program.—
778 (3)
779 (c) Notwithstanding the requirements of this subsection,
780 for the 2017-2018, 2018-2019, and 2019-2020 school years, any
781 classroom teacher who:
782 1. Was evaluated as highly effective pursuant to s. 1012.34
783 in the school year immediately preceding the year in which the
784 scholarship will be awarded shall receive a scholarship of
785 $1200, including a classroom teacher who received an award
786 pursuant to paragraph (a).
787 2. Was evaluated as effective pursuant to s. 1012.34 in the
788 school year immediately preceding the year in which the
789 scholarship will be awarded a scholarship of up to $800. If the
790 number of eligible classroom teachers under this subparagraph
791 exceeds the total allocation, the department shall prorate the
792 per-teacher scholarship amount.
793
794 This paragraph expires July 1, 2020.
795 Section 8. Subsections (2), (3), and (4) of section
796 1012.732, Florida Statutes, are amended to read:
797 1012.732 The Florida Best and Brightest Principal
798 Scholarship Program.—
799 (2) There is created the Florida Best and Brightest
800 Principal Scholarship Program to be administered by the
801 Department of Education. The program shall provide categorical
802 funding for scholarships to be awarded to school principals, as
803 defined in s. 1012.01(3)(c)1., who are serving as a franchise
804 model school principal or who have recruited and retained a high
805 percentage of best and brightest teachers.
806 (3)(a) A school principal identified pursuant to s.
807 1012.731(4)(c) is eligible to receive a scholarship under this
808 section if he or she has served as school principal at his or
809 her school for at least 2 consecutive school years including the
810 current school year and his or her school has a ratio of best
811 and brightest teachers to other classroom teachers that is at
812 the 80th percentile or higher for schools within the same grade
813 group, statewide, including elementary schools, middle schools,
814 high schools, and schools with a combination of grade levels.
815 (b) A principal of a franchise model school, as defined in
816 s. 1002.334, is eligible to receive a scholarship under this
817 section.
818 (4) Annually, by February 1, the department shall identify
819 eligible school principals and disburse funds to each school
820 district for each eligible school principal to receive a
821 scholarship.
822 (a) A scholarship of $10,000 $5,000 must be awarded to each
823 franchise model school principal who is every eligible under
824 paragraph (3)(b).
825 (b) A scholarship of $5,000 must be awarded to each school
826 principal assigned to a Title I school and a scholarship of
827 $4,000 to each every eligible school principal who is not
828 assigned to a Title I school and who is eligible under paragraph
829 (3)(a).
830 Section 9. Present paragraphs (a) through (d) of subsection
831 (1) of section 1013.31, Florida Statutes, are redesignated as
832 paragraphs (b) through (e), respectively, and a new paragraph
833 (a) is added to that subsection, to read:
834 1013.31 Educational plant survey; localized need
835 assessment; PECO project funding.—
836 (1) At least every 5 years, each board shall arrange for an
837 educational plant survey, to aid in formulating plans for
838 housing the educational program and student population, faculty,
839 administrators, staff, and auxiliary and ancillary services of
840 the district or campus, including consideration of the local
841 comprehensive plan. The Department of Education shall document
842 the need for additional career and adult education programs and
843 the continuation of existing programs before facility
844 construction or renovation related to career or adult education
845 may be included in the educational plant survey of a school
846 district or Florida College System institution that delivers
847 career or adult education programs. Information used by the
848 Department of Education to establish facility needs must
849 include, but need not be limited to, labor market data, needs
850 analysis, and information submitted by the school district or
851 Florida College System institution.
852 (a) Educational plant survey and localized need assessment
853 for capital outlay purposes.—A district may only use funds from
854 the following sources for educational, auxiliary, and ancillary
855 plant capital outlay purposes without needing a survey
856 recommendation:
857 1. The local capital outlay improvement fund, consisting of
858 funds that come from and are a part of the district’s basic
859 operating budget;
860 2. If a board decides to build an educational, auxiliary,
861 or ancillary facility without a survey recommendation and the
862 taxpayers approve a bond referendum, the voted bond referendum;
863 3. One-half cent sales surtax revenue;
864 4. One cent local governmental surtax revenue;
865 5. Impact fees; and
866 6. Private gifts or donations.
867 Section 10. Subsection (3) of section 1013.62, Florida
868 Statutes, is amended to read:
869 1013.62 Charter schools capital outlay funding.—
870 (3) If the school board levies the discretionary millage
871 authorized in s. 1011.71(2), the department shall use the
872 following calculation methodology to determine the amount of
873 revenue that a school district must distribute to each eligible
874 charter school:
875 (a) Reduce the total discretionary millage revenue by the
876 school district’s annual debt service obligation incurred as of
877 March 1, 2017, and any amount of participation requirement
878 pursuant to s. 1013.64(2)(a)8. that is being satisfied by
879 revenues raised by the discretionary millage.
880 (b) Divide the school district’s adjusted discretionary
881 millage revenue by the district’s total capital outlay full-time
882 equivalent membership and the total number of unweighted full
883 time equivalent students of each eligible charter school to
884 determine a capital outlay allocation per full-time equivalent
885 student.
886 (c) Multiply the capital outlay allocation per full-time
887 equivalent student by the total number of full-time equivalent
888 students for all of each eligible charter schools within the
889 district school to determine the total charter school capital
890 outlay allocation for each district charter school.
891 (d) If applicable, reduce the capital outlay allocation
892 identified in paragraph (c) by the total amount of state funds
893 allocated pursuant to subsection (2) to all each eligible
894 charter schools within a district school in subsection (2) to
895 determine the net total maximum calculated capital outlay
896 allocation from local funds. If state funds are not allocated
897 pursuant to subsection (2), the amount determined in paragraph
898 (c) is equal to the net total calculated capital outlay
899 allocation from local funds for each district.
900 (e) For each charter school within each district, the net
901 capital outlay amount from local funds shall be calculated in
902 the same manner as the state funds in paragraphs (2)(a)-(d),
903 except that the base charter school per weighted FTE allocation
904 amount shall be determined by dividing the net total capital
905 outlay amount from local funds by the total weighted FTE for all
906 eligible charter schools within the district. The per weighted
907 FTE allocation amount from local funds shall be multiplied by
908 the weighted FTE for each charter school to determine each
909 charter school’s capital outlay allocation from local funds.
910 (f)(e) School districts shall distribute capital outlay
911 funds to charter schools no later than February 1 of each year,
912 beginning on February 1, 2018, for the 2017-2018 fiscal year.
913 Section 11. This act shall take effect July 1, 2018.
914
915 ================= T I T L E A M E N D M E N T ================
916 And the title is amended as follows:
917 Delete everything before the enacting clause
918 and insert:
919 A bill to be entitled
920 An act relating to K-12 education; amending s.
921 1002.333, F.S.; redefining the terms “persistently
922 low-performing school” and “school of hope”; revising
923 the contents of a school of hope notice of intent and
924 performance-based agreement; revising school of hope
925 facility requirements; specifying that certain schools
926 of hope are eligible to receive hope supplemental
927 service allocation funds; requiring the State Board of
928 Education to provide awards to all eligible schools
929 that meet certain requirements; conforming cross
930 references; creating s. 1002.334, F.S.; defining the
931 term “franchise model school”; authorizing specified
932 schools to use a franchise model school as a
933 turnaround option; specifying requirements for a
934 franchise model school principal; amending s.
935 1007.273, F.S.; defining the term “structured
936 program”; providing additional options for students
937 participating in a structured program; prohibiting a
938 district school board from limiting the number of
939 public school students who may participate in a
940 structured program; revising contract requirements;
941 requiring each district school board to annually
942 notify students in certain grades of certain
943 information about the structured program, by a
944 specified date; revising provisions relating to
945 funding; requiring the state board to enforce
946 compliance with certain provisions by a specified date
947 each year; providing reporting requirements; amending
948 s. 1008.33, F.S.; revising the turnaround options
949 available for certain schools; amending s. 1011.62,
950 F.S.; creating the hope supplemental services
951 allocation; providing the purpose of the allocation;
952 specifying the services that may be funded by the
953 allocation; providing that implementation plans may
954 include certain models; providing requirements for
955 implementation plans; providing for the allocation of
956 funds in specified fiscal years; creating the mental
957 health assistance allocation; providing the purpose of
958 the allocation; providing for the annual allocation of
959 such funds on a specified basis; prohibiting the use
960 of allocated funds to supplant funds provided from
961 other operating funds, to increase salaries, or to
962 provide bonuses; providing requirements for school
963 districts and charter schools; providing that required
964 plans must include certain elements; requiring school
965 districts to annually submit approved plans to the
966 Commissioner of Education by a specified date;
967 requiring that entities that receive such allocations
968 annually submit a final report on program outcomes and
969 specific expenditures to the commissioner by a
970 specified date; creating the funding compression
971 allocation; providing the purpose of the allocation;
972 authorizing funding for the annual allocation for
973 specified purposes; providing the calculation for the
974 allocation; amending s. 1011.71, F.S.; increasing the
975 amount that a school district may expend from a
976 specified millage levy for certain expenses; amending
977 s. 1012.731, F.S.; deleting Florida Best and Brightest
978 Teacher Scholarship Program scholarship awards
979 authorized for specific school years; amending s.
980 1012.732, F.S.; specifying that a franchise model
981 school principal is eligible to receive a Florida Best
982 and Brightest Principal scholarship; requiring
983 specified awards for eligible principals; amending s.
984 1013.31, F.S.; authorizing a district to use certain
985 sources of funds for educational, auxiliary, and
986 ancillary plant capital outlay purposes without
987 needing a survey recommendation; amending s. 1013.62,
988 F.S.; revising the Department of Education’s
989 calculation methodology for a school district’s
990 distribution of discretionary millage to its eligible
991 charter schools; providing an effective date.