Florida Senate - 2018 CS for SB 1434
By the Committee on Education; and Senator Passidomo
581-02335-18 20181434c1
1 A bill to be entitled
2 An act relating to K-12 education enhancements;
3 amending s. 1002.333, F.S.; redefining the terms
4 “persistently low-performing school” and “school of
5 hope”; revising the contents of a school of hope
6 notice of intent and performance-based agreement;
7 revising school of hope facility requirements;
8 specifying that certain schools of hope are eligible
9 to receive hope supplemental service allocation funds;
10 requiring the State Board of Education to provide
11 awards to all eligible schools that meet certain
12 requirements; conforming cross-references; creating s.
13 1002.334, F.S.; defining the term “franchise model
14 school”; authorizing specified schools to use a
15 franchise model school as a turnaround option;
16 specifying requirements for a franchise model school
17 principal; amending s. 1002.395, F.S.; revising
18 student eligibility criteria for the Florida Tax
19 Credit Scholarship Program; specifying priority levels
20 for the scholarships; amending s. 1007.273, F.S.;
21 defining the term “structured program”; providing
22 additional options for students participating in a
23 structured program; prohibiting a district school
24 board from limiting the number of public school
25 students who may participate in a structured program;
26 revising contract requirements; requiring each
27 district school board to annually notify students in
28 certain grades of certain information about the
29 structured program, by a specified date; revising
30 provisions relating to funding; requiring the state
31 board to enforce compliance with certain provisions by
32 a specified date each year; providing reporting
33 requirements; amending s. 1008.33, F.S.; revising the
34 turnaround options available for certain schools;
35 amending s. 1011.62, F.S.; creating the hope
36 supplemental services allocation; providing the
37 purpose of the allocation; specifying the services
38 that may be funded by the allocation; providing that
39 implementation plans may include certain models;
40 providing requirements for implementation plans;
41 providing for the allocation of funds in specified
42 fiscal years; creating the mental health assistance
43 allocation; providing the purpose of the allocation;
44 providing for the annual allocation of such funds on a
45 specified basis; prohibiting the use of allocated
46 funds to supplant funds provided from other operating
47 funds, to increase salaries, or to provide bonuses;
48 providing requirements for school districts and
49 charter schools; providing that required plans must
50 include certain elements; requiring school districts
51 to annually submit approved plans to the Commissioner
52 of Education by a specified date; requiring that
53 entities that receive such allocations annually submit
54 a final report on program outcomes and specific
55 expenditures to the commissioner by a specified date;
56 amending s. 1011.71, F.S.; increasing the amount that
57 a school district may expend from a specified millage
58 levy for certain expenses; amending s. 1012.732, F.S.;
59 specifying that a franchise model school principal is
60 eligible to receive a Florida Best and Brightest
61 Principal scholarship; requiring specified awards for
62 eligible principals; amending s. 1013.62, F.S.;
63 prohibiting a charter school from being eligible for
64 capital outlay funds unless the chair of the governing
65 board and the chief administrative officer of the
66 charter school annually certify certain information;
67 revising the Department of Education’s calculation
68 methodology for a school district’s distribution of
69 discretionary millage to its eligible charter schools;
70 providing an effective date.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Subsections (1) and (2), paragraph (a) of
75 subsection (4), paragraphs (b), (g), and (i) of subsection (5),
76 paragraph (a) of subsection (7), subsection (9), and paragraph
77 (b) of subsection (10) of section 1002.333, Florida Statutes,
78 are amended to read:
79 1002.333 Persistently low-performing schools.—
80 (1) DEFINITIONS.—As used in this section, the term:
81 (a) “Hope operator” means an entity identified by the
82 department pursuant to subsection (2).
83 (b) “Persistently low-performing school” means a school
84 that has completed 2 school years of a district-managed
85 turnaround plan required under s. 1008.33(4)(a) and has not
86 improved its school grade to a “C” or higher, earned three
87 consecutive grades lower than a “C,” pursuant to s. 1008.34, and
88 a school that was closed pursuant to s. 1008.33(4) within 2
89 years after the submission of a notice of intent.
90 (c) “School of hope” means:
91 1. A charter school operated by a hope operator which
92 serves students from one or more persistently low-performing
93 schools; is located in the attendance zone of a persistently
94 low-performing school or within a 5-mile radius of such school,
95 whichever is greater; and is a Title I eligible school; or
96 2. A school operated by a hope operator pursuant to s.
97 1008.33(4)(b)3.b. s. 1008.33(4)(b)3.
98 (2) HOPE OPERATOR.—A hope operator is a nonprofit
99 organization with tax exempt status under s. 501(c)(3) of the
100 Internal Revenue Code which that operates three or more charter
101 schools that serve students in grades K-12 in Florida or other
102 states with a record of serving students from low-income
103 families and is designated by the State Board of Education as a
104 hope operator based on a determination that:
105 (a) The past performance of the hope operator meets or
106 exceeds the following criteria:
107 1. The achievement of enrolled students exceeds the
108 district and state averages of the states in which the
109 operator’s schools operate;
110 2. The average college attendance rate at all schools
111 currently operated by the operator exceeds 80 percent, if such
112 data is available;
113 3. The percentage of students eligible for a free or
114 reduced price lunch under the National School Lunch Act enrolled
115 at all schools currently operated by the operator exceeds 70
116 percent;
117 4. The operator is in good standing with the authorizer in
118 each state in which it operates;
119 5. The audited financial statements of the operator are
120 free of material misstatements and going concern issues; and
121 6. Other outcome measures as determined by the State Board
122 of Education;
123 (b) The operator was awarded a United States Department of
124 Education Charter School Program Grant for Replication and
125 Expansion of High-Quality Charter Schools within the preceding 3
126 years before applying to be a hope operator;
127 (c) The operator receives funding through the National Fund
128 of the Charter School Growth Fund to accelerate the growth of
129 the nation’s best charter schools; or
130 (d) The operator is selected by a district school board in
131 accordance with s. 1008.33.
132
133 An entity that meets the requirements of paragraph (b),
134 paragraph (c), or paragraph (d) before the adoption by the state
135 board of measurable criteria pursuant to paragraph (a) shall be
136 designated as a hope operator. After the adoption of the
137 measurable criteria, an entity, including a governing board that
138 operates a school established pursuant to s. 1008.33(4)(b)3.b.
139 s. 1008.33(4)(b)3., shall be designated as a hope operator if it
140 meets the criteria of paragraph (a).
141 (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator
142 seeking to open a school of hope must submit a notice of intent
143 to the school district in which a persistently low-performing
144 school has been identified by the State Board of Education
145 pursuant to subsection (10).
146 (a) The notice of intent must include all of the following:
147 1. An academic focus and plan.
148 2. A financial plan.
149 3. Goals and objectives for increasing student achievement
150 for the students from low-income families.
151 4. A completed or planned community outreach plan.
152 5. The organizational history of success in working with
153 students with similar demographics.
154 6. The grade levels to be served and enrollment
155 projections.
156 7. The specific proposed location or geographic area
157 proposed for the school and its proximity to the persistently
158 low-performing school or the plan to use the district-owned
159 facilities of the persistently low-performing school.
160 8. A staffing plan.
161 9. An operations plan specifying the operator’s intent to
162 undertake the operations of the persistently low-performing
163 school in its entirety or through limited components of the
164 operations.
165 (5) PERFORMANCE-BASED AGREEMENT.—The following shall
166 comprise the entirety of the performance-based agreement:
167 (b) The location or geographic area proposed for the school
168 of hope and its proximity to the persistently low-performing
169 school.
170 (f)(g) The grounds for termination, including failure to
171 meet the requirements for student performance established
172 pursuant to paragraph (d) (e), generally accepted standards of
173 fiscal management, or material violation of terms of the
174 agreement. The nonrenewal or termination of a performance-based
175 agreement must comply with the requirements of s. 1002.33(8).
176 (h)(i) A provision establishing the initial term as 5
177 years. The agreement must shall be renewed, upon the request of
178 the hope operator, unless the school fails to meet the
179 requirements for student performance established pursuant to
180 paragraph (d) (e) or generally accepted standards of fiscal
181 management or the school of hope materially violates the law or
182 the terms of the agreement.
183 (7) FACILITIES.—
184 (a)1. A school of hope that meets the definition under
185 subparagraph (1)(c)1. shall use facilities that comply with the
186 Florida Building Code, except for the State Requirements for
187 Educational Facilities. A school of hope that uses school
188 district facilities must comply with the State Requirements for
189 Educational Facilities only if the school district and the hope
190 operator have entered into a mutual management plan for the
191 reasonable maintenance of such facilities. The mutual management
192 plan shall contain a provision by which the district school
193 board agrees to maintain the school facilities in the same
194 manner as its other public schools within the district.
195 2. A school of hope that meets the definition under
196 subparagraph (1)(c)2. and that receives funds from the hope
197 supplemental services allocation under s. 1011.62(16) shall use
198 the district-owned facilities of the persistently low-performing
199 school that the school of hope operates. A school of hope that
200 uses district-owned facilities must comply with the State
201 Requirements for Educational Facilities only if the school
202 district and the hope operator have entered into a mutual
203 management plan for the reasonable maintenance of the
204 facilities. The mutual management plan must contain a provision
205 specifying that the district school board agrees to maintain the
206 school facilities in the same manner as other public schools
207 within the district.
208
209 The local governing authority shall not adopt or impose any
210 local building requirements or site-development restrictions,
211 such as parking and site-size criteria, student enrollment, and
212 occupant load, that are addressed by and more stringent than
213 those found in the State Requirements for Educational Facilities
214 of the Florida Building Code. A local governing authority must
215 treat schools of hope equitably in comparison to similar
216 requirements, restrictions, and site planning processes imposed
217 upon public schools. The agency having jurisdiction for
218 inspection of a facility and issuance of a certificate of
219 occupancy or use shall be the local municipality or, if in an
220 unincorporated area, the county governing authority. If an
221 official or employee of the local governing authority refuses to
222 comply with this paragraph, the aggrieved school or entity has
223 an immediate right to bring an action in circuit court to
224 enforce its rights by injunction. An aggrieved party that
225 receives injunctive relief may be awarded reasonable attorney
226 fees and court costs.
227 (9) FUNDING.—
228 (a) Schools of hope shall be funded in accordance with s.
229 1002.33(17).
230 (b) Schools of hope shall receive priority in the
231 department’s Public Charter School Grant Program competitions.
232 (c) Schools of hope shall be considered charter schools for
233 purposes of s. 1013.62, except charter capital outlay may not be
234 used to purchase real property or for the construction of school
235 facilities.
236 (d) Schools of hope that meet the definition under s.
237 subparagraph (1)(c)1. are eligible to receive funds from the
238 Schools of Hope Program.
239 (e) Schools of hope that meet the definition under
240 subparagraph (1)(c)2. are eligible to receive funds from the
241 hope supplemental services allocation established under s.
242 1011.62(16).
243 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
244 is created within the Department of Education.
245 (b) A traditional public school that is required to submit
246 a plan for implementation pursuant to s. 1008.33(4) is eligible
247 to receive funding for services authorized up to $2,000 per
248 full-time equivalent student from the hope supplemental services
249 allocation established under s. 1011.62(16) Schools of Hope
250 Program based upon the strength of the school’s plan for
251 implementation and its focus on evidence-based interventions
252 that lead to student success by providing wrap-around services
253 that leverage community assets, improve school and community
254 collaboration, and develop family and community partnerships.
255 Wrap-around services include, but are not limited to, tutorial
256 and after-school programs, student counseling, nutrition
257 education, parental counseling, and adult education. Plans for
258 implementation may also include models that develop a culture of
259 attending college, high academic expectations, character
260 development, dress codes, and an extended school day and school
261 year. At a minimum, a plan for implementation must:
262 1. Establish wrap-around services that develop family and
263 community partnerships.
264 2. Establish clearly defined and measurable high academic
265 and character standards.
266 3. Increase parental involvement and engagement in the
267 child’s education.
268 4. Describe how the school district will identify, recruit,
269 retain, and reward instructional personnel. The state board may
270 waive the requirements of s. 1012.22(1)(c)5., and suspend the
271 requirements of s. 1012.34, to facilitate implementation of the
272 plan.
273 5. Identify a knowledge-rich curriculum that the school
274 will use that focuses on developing a student’s background
275 knowledge.
276 6. Provide professional development that focuses on
277 academic rigor, direct instruction, and creating high academic
278 and character standards.
279 Section 2. Section 1002.334, Florida Statutes, is created
280 to read:
281 1002.334 Franchise model schools.—
282 (1) As used in this section, the term “franchise model
283 school” means a persistently low-performing school, as defined
284 in s. 1002.333(1)(b), which is led by a highly effective
285 principal in addition to the principal’s currently assigned
286 school. If a franchise model school achieves a grade of “C” or
287 higher, the school may retain its status as a franchise model
288 school at the discretion of the school district.
289 (2) A school district that has one or more persistently
290 low-performing schools may use a franchise model school as a
291 school turnaround option pursuant to s. 1008.33(4)(b)4.
292 (3) A franchise model school principal:
293 (a) Must be rated as highly effective pursuant to s.
294 1012.34;
295 (b) May lead two or more schools, including a persistently
296 low-performing school or a school that was considered a
297 persistently low-performing school before becoming a franchise
298 model school;
299 (c) May allocate resources and personnel between the
300 schools under his or her administration; however, he or she must
301 expend hope supplemental services allocation funds, authorized
302 under s. 1011.62(16), at the franchise model school; and
303 (d) Is eligible to receive a Best and Brightest Principal
304 award under s. 1012.732.
305 Section 3. Subsection (3) of section 1002.395, Florida
306 Statutes, is amended to read:
307 1002.395 Florida Tax Credit Scholarship Program.—
308 (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.—
309 (a) The Florida Tax Credit Scholarship Program is
310 established.
311 (b) A student is eligible for a Florida tax credit
312 scholarship under this section if the student meets one or more
313 of the following criteria:
314 1. The student is on the direct certification list or the
315 student’s household income level does not exceed 185 percent of
316 the federal poverty level; or
317 2. The student is currently placed, or during the previous
318 state fiscal year was placed, in foster care or in out-of-home
319 care as defined in s. 39.01. A student who initially receives a
320 scholarship based on eligibility under this subparagraph remains
321 eligible to participate until the student graduates from high
322 school or attains 21 years of age, whichever occurs first,
323 regardless of the student’s household income level.
324 3. The student’s household income level is greater than 185
325 percent of the federal poverty level but does not exceed 260
326 percent of the federal poverty level.
327 4. The student currently attends, or attended in the
328 previous academic year, a persistently low-performing school, as
329 defined in s. 1002.333(1)(b). A student who initially receives a
330 scholarship under this subparagraph remains eligible to
331 participate as long as his or her zoned school retains its
332 status as a persistently low-performing school.
333
334 A student who is eligible for a Florida tax credit scholarship
335 under subparagraphs (b)1.-3. shall be given priority for a
336 scholarship over a student who is eligible under subparagraph
337 (b)4. A student who initially receives a scholarship based on
338 eligibility under subparagraph (b)2. remains eligible to
339 participate until the student graduates from high school or
340 attains the age of 21 years, whichever occurs first, regardless
341 of the student’s household income level. A sibling of a student
342 who is participating in the scholarship program under this
343 subsection is eligible for a scholarship if the student resides
344 in the same household as the sibling.
345 Section 4. Section 1007.273, Florida Statutes, is amended
346 to read:
347 1007.273 Structured high school acceleration programs
348 Collegiate high school program.—
349 (1) Each Florida College System institution shall work with
350 each district school board in its designated service area to
351 establish one or more structured programs, including, but not
352 limited to, collegiate high school programs. As used in this
353 section, the term “structured program” means a structured high
354 school acceleration program.
355 (1)(2) PURPOSE.—At a minimum, structured collegiate high
356 school programs must include an option for public school
357 students in grade 11 or grade 12 participating in the structured
358 program, for at least 1 full school year, to earn CAPE industry
359 certifications pursuant to s. 1008.44, and to successfully
360 complete at least 30 credit hours through the dual enrollment
361 program under s. 1007.271. The structured program must
362 prioritize dual enrollment courses that are applicable toward
363 general education core courses or common prerequisite course
364 requirements under s. 1007.25 over dual enrollment courses
365 applicable as electives toward at least the first year of
366 college for an associate degree or baccalaureate degree while
367 enrolled in the structured program. A district school board may
368 not limit the number of eligible public school students who may
369 enroll in such structured programs.
370 (2)(3) REQUIRED STRUCTURED PROGRAM CONTRACTS.—
371 (a) Each district school board and its local Florida
372 College System institution shall execute a contract to establish
373 one or more structured collegiate high school programs at a
374 mutually agreed upon location or locations. Beginning with the
375 2015-2016 school year, If the local Florida College System
376 institution does not establish a structured program with a
377 district school board in its designated service area, another
378 Florida College System institution may execute a contract with
379 that district school board to establish the structured program.
380 The contract must be executed by January 1 of each school year
381 for implementation of the structured program during the next
382 school year. By August 1, 2018, a contract entered into before
383 January 1, 2018 for the 2018-2019 school year must be modified
384 to include the provisions of paragraph (b).
385 (b) The contract must:
386 1.(a) Identify the grade levels to be included in the
387 structured collegiate high school program; which must, at a
388 minimum, include grade 12.
389 2.(b) Describe the structured collegiate high school
390 program, including a list of the meta-major academic pathways
391 approved pursuant to s. 1008.30(4), which are available to
392 participating students through the partner Florida College
393 System institution or other eligible partner postsecondary
394 institutions; the delineation of courses that must, at a
395 minimum, include general education core courses and common
396 prerequisite course requirements pursuant to s. 1007.25; and
397 industry certifications offered, including online course
398 availability; the high school and college credits earned for
399 each postsecondary course completed and industry certification
400 earned; student eligibility criteria; and the enrollment process
401 and relevant deadlines;.
402 3.(c) Describe the methods, medium, and process by which
403 students and their parents are annually informed about the
404 availability of the structured collegiate high school program,
405 the return on investment associated with participation in the
406 structured program, and the information described in
407 subparagraphs 1. and 2.; paragraphs (a) and (b).
408 4.(d) Identify the delivery methods for instruction and the
409 instructors for all courses;.
410 5.(e) Identify student advising services and progress
411 monitoring mechanisms;.
412 6.(f) Establish a program review and reporting mechanism
413 regarding student performance outcomes; and.
414 7.(g) Describe the terms of funding arrangements to
415 implement the structured collegiate high school program pursuant
416 to paragraph (5)(a).
417 (3) STUDENT PERFORMANCE CONTRACT AND NOTIFICATION.—
418 (a)(4) Each student participating in a structured
419 collegiate high school program must enter into a student
420 performance contract which must be signed by the student, the
421 parent, and a representative of the school district and the
422 applicable Florida College System institution, state university,
423 or other institution participating pursuant to subsection (4)
424 (5). The performance contract must, at a minimum, specify
425 include the schedule of courses, by semester, and industry
426 certifications to be taken by the student, if any; student
427 attendance requirements;, and course grade requirements; and the
428 applicability of such courses to an associate degree or a
429 baccalaureate degree.
430 (b) By September 1 of each school year, each district
431 school board must notify each student enrolled in grades 9, 10,
432 11, and 12 in a public school within the school district about
433 the structured program, including, but not limited to:
434 1. The method for earning college credit through
435 participation in the structured program. The notification must
436 include website links to the dual enrollment course equivalency
437 list approved by the State Board of Education; the common degree
438 program prerequisite requirements published by the Articulation
439 Coordinating Committee pursuant to s. 1007.01(3)(f); the
440 industry certification articulation agreements adopted by the
441 State Board of Education in rule; and the approved meta-major
442 academic pathways of the partner Florida College System
443 institution and other eligible partner postsecondary
444 institutions participating pursuant to subsection (4); and
445 2. The estimated cost savings to students and their
446 families resulting from students successfully completing 30
447 credit hours applicable toward general education core courses or
448 common prerequisite course requirements before graduating from
449 high school versus the cost of earning such credit hours after
450 graduating from high school.
451 (4)(5) AUTHORIZED STRUCTURED PROGRAM CONTRACTS.—In addition
452 to executing a contract with the local Florida College System
453 institution under this section, a district school board may
454 execute a contract to establish a structured collegiate high
455 school program with a state university or an institution that is
456 eligible to participate in the William L. Boyd, IV, Florida
457 Resident Access Grant Program, that is a nonprofit independent
458 college or university located and chartered in this state, and
459 that is accredited by the Commission on Colleges of the Southern
460 Association of Colleges and Schools to grant baccalaureate
461 degrees. Such university or institution must meet the
462 requirements specified under subsections (2) (3) and (3) (4). A
463 charter school may execute a contract directly with the local
464 Florida College System institution or another institution as
465 authorized under this section to establish a structured program
466 at a mutually agreed upon location.
467 (5) FUNDING.—
468 (a)(6) The structured collegiate high school program shall
469 be funded pursuant to ss. 1007.271 and 1011.62. The State Board
470 of Education shall enforce compliance with this section by
471 withholding the transfer of funds for the school districts and
472 the Florida College System institutions in accordance with s.
473 1008.32. Annually, by December 31, the State Board of Education
474 shall enforce compliance with this section by withholding the
475 transfer of funds for the Florida College System institutions in
476 accordance with s. 1001.602.
477 (b) A student who enrolls in the structured program and
478 successfully completes at least 30 college credit hours during a
479 school year through the dual enrollment program under s.
480 1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A
481 student who enrolls in the structured program and successfully
482 completes an additional 30 college credit hours during a school
483 year, resulting in at least 60 college credit hours through the
484 dual enrollment program under s. 1007.271 applicable toward
485 fulfilling the requirements for an associate in arts degree or
486 an associate in science degree or a baccalaureate degree
487 pursuant to the student performance contract under subsection
488 (3), before graduating from high school, generates an additional
489 0.5 FTE bonus. Each district school board that is a contractual
490 partner with a Florida College System institution or other
491 eligible postsecondary institution shall report to the
492 commissioner the total FTE bonus for each structured program for
493 the students from that school district. The total FTE bonus
494 shall be added to each school district’s total weighted FTE for
495 funding in the subsequent fiscal year.
496 (c) For any industry certification a student attains under
497 this section, the FTE bonus shall be calculated and awarded in
498 accordance with s. 1011.62(1)(o).
499 (6) REPORTING REQUIREMENTS.—
500 (a) By September 1 of each school year, each district
501 school superintendent shall report to the commissioner, at a
502 minimum, the following information on each structured program
503 administered during the prior school year:
504 1. The number of students in public schools within the
505 school district who enrolled in the structured program, and the
506 partnering postsecondary institutions pursuant to subsections
507 (2) and (4);
508 2. The total and average number of dual enrollment courses
509 completed, high school and college credits earned, standard high
510 school diplomas and associate and baccalaureate degrees awarded,
511 and the number of industry certifications attained, if any, by
512 the students who enrolled in the structured program;
513 3. The projected student enrollment in the structured
514 program during the next school year; and
515 4. Any barriers to executing contracts to establish one or
516 more structured programs.
517 (b) By November 30 of each school year, the commissioner
518 must report to the Governor, the President of the Senate, and
519 the Speaker of the House of Representatives the status of
520 structured programs, including, at a minimum, a summary of
521 student enrollment and completion information pursuant to this
522 subsection; barriers, if any, to establishing such programs; and
523 recommendations for expanding access to such programs statewide.
524 Section 5. Paragraph (c) of subsection (3) and subsection
525 (4) of section 1008.33, Florida Statutes, are amended to read:
526 1008.33 Authority to enforce public school improvement.—
527 (3)
528 (c) The state board shall adopt by rule a differentiated
529 matrix of intervention and support strategies for assisting
530 traditional public schools identified under this section and
531 rules for implementing s. 1002.33(9)(n), relating to charter
532 schools.
533 1. The intervention and support strategies must address
534 efforts to improve student performance through one or more of
535 the following strategies: and may include
536 a. Improvement planning;
537 b. Leadership quality improvement;
538 c. Educator quality improvement;
539 d. Professional development;
540 e. Curriculum review, pacing, and alignment across grade
541 levels to improve background knowledge in social studies,
542 science, and the arts; and
543 f. The use of continuous improvement and monitoring plans
544 and processes.
545 2. In addition, The state board may prescribe reporting
546 requirements to review and monitor the progress of the schools.
547 The rule must define the intervention and support strategies for
548 school improvement for schools earning a grade of “D” or “F” and
549 the roles for the district and department.
550 (4)(a) The state board shall apply intensive intervention
551 and support strategies tailored to the needs of schools earning
552 two consecutive grades of “D” or a grade of “F.” In the first
553 full school year after a school initially earns two consecutive
554 grades of “D” or a grade of “F,” the school district must
555 immediately implement intervention and support strategies
556 prescribed in rule under paragraph (3)(c) and, by September 1,
557 provide the department with the memorandum of understanding
558 negotiated pursuant to s. 1001.42(21) and, by October 1, a
559 district-managed turnaround plan for approval by the state
560 board. The district-managed turnaround plan may include a
561 proposal for the district to implement an extended school day, a
562 summer program, or a combination of an extended school day and
563 summer program. Upon approval by the state board, the school
564 district must implement the plan for the remainder of the school
565 year and continue the plan for 1 full school year. The state
566 board may allow a school an additional year of implementation
567 before the school must implement a turnaround option required
568 under paragraph (b) if it determines that the school is likely
569 to improve to a grade of “C” or higher after the first full
570 school year of implementation.
571 (b) Unless an additional year of implementation is provided
572 pursuant to paragraph (a), a school that has completed 2 school
573 years of a district-managed turnaround plan required under
574 paragraph (a) and has not improved its school grade to a “C” or
575 higher, pursuant to s. 1008.34, earns three consecutive grades
576 below a “C” must implement one of the following options:
577 1. Reassign students to another school and monitor the
578 progress of each reassigned student.;
579 2. Close the school and reopen the school as one or more
580 charter schools, each with a governing board that has a
581 demonstrated record of effectiveness. Such charter schools are
582 eligible for funding from the hope supplemental services
583 allocation established under s. 1011.62(16).; or
584 3. Contract with an outside entity that has a demonstrated
585 record of effectiveness to operate the school. An outside entity
586 may include:
587 a. A district-managed charter school in which all
588 instructional personnel are not employees of the school
589 district, but are employees of an independent governing board
590 composed of members who did not participate in the review or
591 approval of the charter. A district-managed charter school is
592 eligible for funding from the hope supplemental services
593 allocation established in s. 1011.62(16); or
594 b. A hope operator that submits to a school district a
595 notice of intent of a performance-based agreement pursuant to s.
596 1002.333. A school of hope established pursuant to this sub
597 subparagraph is eligible for funding from the hope supplemental
598 services allocation for up to 5 years, beginning in the school
599 year in which the school of hope is established, if the school
600 of hope:
601 (I) Is established at the district-owned facilities of the
602 persistently low-performing school;
603 (II) Gives priority enrollment to students who are enrolled
604 in, or are eligible to attend and are living in the attendance
605 area of, the persistently low-performing school that the school
606 of hope operates, consistent with the enrollment lottery
607 exemption provided under s. 1002.333(5)(c); and
608 (III) Meets the requirements of its performance-based
609 agreement pursuant to s. 1002.333.
610 4. Implement a franchise model school in which a highly
611 effective principal, pursuant to s. 1012.34, leads the
612 persistently low-performing school in addition to the
613 principal’s currently assigned school. The franchise model
614 school principal may allocate resources and personnel between
615 the schools he or she leads. The persistently low-performing
616 school is eligible for funding from the hope supplemental
617 services allocation established under s. 1011.62(16).
618 (c) Implementation of the turnaround option is no longer
619 required if the school improves to a grade of “C” or higher.
620 (d) If a school earning two consecutive grades of “D” or a
621 grade of “F” does not improve to a grade of “C” or higher after
622 2 full school years of implementing the turnaround option
623 selected by the school district under paragraph (b), the school
624 district must implement another turnaround option.
625 Implementation of the turnaround option must begin the school
626 year following the implementation period of the existing
627 turnaround option, unless the state board determines that the
628 school is likely to improve to a grade of “C” or higher if
629 additional time is provided to implement the existing turnaround
630 option.
631 Section 6. Present subsections (16) and (17) of section
632 1011.62, Florida Statutes, are redesignated as subsections (18)
633 and (19), respectively, new subsections (16) and (17) are added
634 to that section, and paragraph (a) of subsection (4) and
635 subsection (14) of that section are amended, to read:
636 1011.62 Funds for operation of schools.—If the annual
637 allocation from the Florida Education Finance Program to each
638 district for operation of schools is not determined in the
639 annual appropriations act or the substantive bill implementing
640 the annual appropriations act, it shall be determined as
641 follows:
642 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
643 Legislature shall prescribe the aggregate required local effort
644 for all school districts collectively as an item in the General
645 Appropriations Act for each fiscal year. The amount that each
646 district shall provide annually toward the cost of the Florida
647 Education Finance Program for kindergarten through grade 12
648 programs shall be calculated as follows:
649 (a) Estimated taxable value calculations.—
650 1.a. Not later than 2 working days before July 19, the
651 Department of Revenue shall certify to the Commissioner of
652 Education its most recent estimate of the taxable value for
653 school purposes in each school district and the total for all
654 school districts in the state for the current calendar year
655 based on the latest available data obtained from the local
656 property appraisers. The value certified shall be the taxable
657 value for school purposes for that year, and no further
658 adjustments shall be made, except those made pursuant to
659 paragraphs (c) and (d), or an assessment roll change required by
660 final judicial decisions as specified in paragraph (18)(b)
661 (16)(b). Not later than July 19, the Commissioner of Education
662 shall compute a millage rate, rounded to the next highest one
663 one-thousandth of a mill, which, when applied to 96 percent of
664 the estimated state total taxable value for school purposes,
665 would generate the prescribed aggregate required local effort
666 for that year for all districts. The Commissioner of Education
667 shall certify to each district school board the millage rate,
668 computed as prescribed in this subparagraph, as the minimum
669 millage rate necessary to provide the district required local
670 effort for that year.
671 b. The General Appropriations Act shall direct the
672 computation of the statewide adjusted aggregate amount for
673 required local effort for all school districts collectively from
674 ad valorem taxes to ensure that no school district’s revenue
675 from required local effort millage will produce more than 90
676 percent of the district’s total Florida Education Finance
677 Program calculation as calculated and adopted by the
678 Legislature, and the adjustment of the required local effort
679 millage rate of each district that produces more than 90 percent
680 of its total Florida Education Finance Program entitlement to a
681 level that will produce only 90 percent of its total Florida
682 Education Finance Program entitlement in the July calculation.
683 2. On the same date as the certification in sub
684 subparagraph 1.a., the Department of Revenue shall certify to
685 the Commissioner of Education for each district:
686 a. Each year for which the property appraiser has certified
687 the taxable value pursuant to s. 193.122(2) or (3), if
688 applicable, since the prior certification under sub-subparagraph
689 1.a.
690 b. For each year identified in sub-subparagraph a., the
691 taxable value certified by the appraiser pursuant to s.
692 193.122(2) or (3), if applicable, since the prior certification
693 under sub-subparagraph 1.a. This is the certification that
694 reflects all final administrative actions of the value
695 adjustment board.
696 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
697 annually in the General Appropriations Act determine a
698 percentage increase in funds per K-12 unweighted FTE as a
699 minimum guarantee to each school district. The guarantee shall
700 be calculated from prior year base funding per unweighted FTE
701 student which shall include the adjusted FTE dollars as provided
702 in subsection (18) (16), quality guarantee funds, and actual
703 nonvoted discretionary local effort from taxes. From the base
704 funding per unweighted FTE, the increase shall be calculated for
705 the current year. The current year funds from which the
706 guarantee shall be determined shall include the adjusted FTE
707 dollars as provided in subsection (18) (16) and potential
708 nonvoted discretionary local effort from taxes. A comparison of
709 current year funds per unweighted FTE to prior year funds per
710 unweighted FTE shall be computed. For those school districts
711 which have less than the legislatively assigned percentage
712 increase, funds shall be provided to guarantee the assigned
713 percentage increase in funds per unweighted FTE student. Should
714 appropriated funds be less than the sum of this calculated
715 amount for all districts, the commissioner shall prorate each
716 district’s allocation. This provision shall be implemented to
717 the extent specifically funded.
718 (16) HOPE SUPPLEMENTAL SERVICES ALLOCATION.-The hope
719 supplemental services allocation is created to provide district
720 managed turnaround schools, as required under s. 1008.33(4)(a),
721 charter schools authorized under s. 1008.33(4)(b)2., district
722 managed charter schools authorized under s. 1008.33(4)(b)3.a.,
723 schools of hope authorized under s. 1008.33(4)(b)3.b., and
724 franchise model schools as authorized under s. 1008.33(4)(b)4.,
725 with funds to offer services designed to improve the overall
726 academic and community welfare of the schools’ students and
727 their families.
728 (a) Services funded by the allocation may include, but are
729 not limited to, tutorial and after-school programs, student
730 counseling, nutrition education, and parental counseling. In
731 addition, services may also include models that develop a
732 culture that encourages students to complete high school and to
733 attend college or career training, set high academic
734 expectations, inspire character development, and include an
735 extended school day and school year.
736 (b) Prior to distribution of the allocation, a school
737 district, for a district turnaround school and persistently low
738 performing schools that use a franchise model; a hope operator,
739 for a school of hope; or the charter school governing board for
740 a charter school, as applicable, shall develop and submit a plan
741 for implementation to its respective governing body for approval
742 no later than August 1 of the fiscal year.
743 (c) At a minimum, the plans required under paragraph (b)
744 must:
745 1. Establish comprehensive support services that develop
746 family and community partnerships;
747 2. Establish clearly defined and measurable high academic
748 and character standards;
749 3. Increase parental involvement and engagement in the
750 child’s education;
751 4. Describe how instructional personnel will be identified,
752 recruited, retained, and rewarded;
753 5. Provide professional development that focuses on
754 academic rigor, direct instruction, and creating high academic
755 and character standards; and
756 6. Provide focused instruction to improve student academic
757 proficiency, which may include additional instruction time
758 beyond the normal school day or school year.
759 (d) Each school district and hope operator shall submit
760 approved plans to the commissioner by September 1 of each fiscal
761 year.
762 (e) For the 2018-2019 fiscal year, a school that is
763 selected to receive funding in the 2017-2018 fiscal year
764 pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A
765 district-managed turnaround school required under s.
766 1008.33(4)(a), charter school authorized under s.
767 1008.33(4)(b)2., district-managed charter school authorized
768 under s. 1008.33(4)(b)3.a., school of hope authorized under s.
769 1008.33(4)(b)3.b., and franchise model school authorized under
770 s. 1008.33(4)(b)4. are eligible for the remaining funds based on
771 the school’s unweighted FTE, up to $2,000 per FTE or as provided
772 in the General Appropriations Act.
773 (f) For the 2019-2020 fiscal year and thereafter, each
774 school district’s allocation shall be based on the unweighted
775 FTE student enrollment at the eligible schools and a per-FTE
776 funding amount of up to $2,000 per FTE or as provided in the
777 General Appropriations Act. If the calculated funds for
778 unweighted FTE student enrollment at the eligible schools exceed
779 the per-FTE funds appropriated, the allocation of funds to each
780 school district must be prorated based on each school district’s
781 share of the total unweighted FTE student enrollment for the
782 eligible schools.
783 (17) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
784 assistance allocation is created to provide supplemental funding
785 to assist school districts in establishing or expanding
786 comprehensive school-based mental health programs that increase
787 awareness of mental health issues among children and school-age
788 youth; train educators and other school staff in detecting and
789 responding to mental health issues; and connect children, youth,
790 and families who may experience behavioral health issues with
791 appropriate services. These funds may be allocated annually in
792 the General Appropriations Act to each eligible school district
793 and developmental research school based on each entity’s
794 proportionate share of Florida Education Finance Program base
795 funding. The district funding allocation must include a minimum
796 amount as specified in the General Appropriations Act. Upon
797 submission and approval of a plan that includes the elements
798 specified in paragraph (b), charter schools are also entitled to
799 a proportionate share of district funding for this program. The
800 allocated funds may not supplant funds that are provided for
801 this purpose from other operating funds and may not be used to
802 increase salaries or provide bonuses.
803 (a) Prior to the distribution of the allocation:
804 1. The district must annually develop and submit a detailed
805 plan outlining the local program and planned expenditures to the
806 district school board for approval.
807 2. A charter school must annually develop and submit a
808 detailed plan outlining the local program and planned
809 expenditures of the funds in the plan to its governing body for
810 approval. After the plan is approved by the governing body, it
811 must be provided to its school district for submission to the
812 commissioner.
813 (b) The plans required under paragraph (a) must include, at
814 a minimum, all of the following elements:
815 1. A collaborative effort or partnership between the school
816 district and at least one local community program or agency
817 involved in mental health to provide or to improve prevention,
818 diagnosis, and treatment services for students;
819 2. Programs to assist students in dealing with bullying,
820 trauma, and violence;
821 3. Strategies or programs to reduce the likelihood of at
822 risk students developing social, emotional, or behavioral health
823 problems or substance use disorders;
824 4. Strategies to improve the early identification of
825 social, emotional, or behavioral problems or substance use
826 disorders and to improve the provision of early intervention
827 services;
828 5. Strategies to enhance the availability of school-based
829 crisis intervention services and appropriate referrals for
830 students in need of mental health services; and
831 6. Training opportunities for school personnel in the
832 techniques and supports needed to identify students who have
833 trauma histories and who have or are at risk of having a mental
834 illness, and in the use of referral mechanisms that effectively
835 link such students to appropriate treatment and intervention
836 services in the school and in the community.
837 (c) The districts shall submit approved plans to the
838 commissioner by August 1 of each fiscal year.
839 (d) Beginning September 30, 2019, and by each September 30
840 thereafter, each entity that receives an allocation under this
841 subsection shall submit to the commissioner in a format
842 prescribed by the department a final report on its program
843 outcomes and its expenditures for each element of the program.
844 Section 7. Subsection (5) of section 1011.71, Florida
845 Statutes, is amended to read:
846 1011.71 District school tax.—
847 (5) Effective July 1, 2008, A school district may expend,
848 subject to the provisions of s. 200.065, up to $150 $100 per
849 unweighted full-time equivalent student from the revenue
850 generated by the millage levy authorized by subsection (2) to
851 fund, in addition to expenditures authorized in paragraphs
852 (2)(a)-(j), expenses for the following:
853 (a) The purchase, lease-purchase, or lease of driver’s
854 education vehicles; motor vehicles used for the maintenance or
855 operation of plants and equipment; security vehicles; or
856 vehicles used in storing or distributing materials and
857 equipment.
858 (b) Payment of the cost of premiums, as defined in s.
859 627.403, for property and casualty insurance necessary to insure
860 school district educational and ancillary plants. As used in
861 this paragraph, casualty insurance has the same meaning as in s.
862 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
863 are made available through the payment of property and casualty
864 insurance premiums from revenues generated under this subsection
865 may be expended only for nonrecurring operational expenditures
866 of the school district.
867 Section 8. Subsections (2), (3), and (4) of section
868 1012.732, Florida Statutes, are amended to read:
869 1012.732 The Florida Best and Brightest Principal
870 Scholarship Program.—
871 (2) There is created the Florida Best and Brightest
872 Principal Scholarship Program to be administered by the
873 Department of Education. The program shall provide categorical
874 funding for scholarships to be awarded to school principals, as
875 defined in s. 1012.01(3)(c)1., who are serving as a franchise
876 model school principal or who have recruited and retained a high
877 percentage of best and brightest teachers.
878 (3)(a) A school principal identified pursuant to s.
879 1012.731(4)(c) is eligible to receive a scholarship under this
880 section if he or she has served as school principal at his or
881 her school for at least 2 consecutive school years including the
882 current school year and his or her school has a ratio of best
883 and brightest teachers to other classroom teachers that is at
884 the 80th percentile or higher for schools within the same grade
885 group, statewide, including elementary schools, middle schools,
886 high schools, and schools with a combination of grade levels.
887 (b) A principal of a franchise model school, as defined in
888 s. 1002.334, is eligible to receive a scholarship under this
889 section.
890 (4) Annually, by February 1, the department shall identify
891 eligible school principals and disburse funds to each school
892 district for each eligible school principal to receive a
893 scholarship.
894 (a) A scholarship of $10,000 $5,000 must be awarded to each
895 franchise model school principal who is every eligible under
896 paragraph (3)(b) of this section.
897 (b) A scholarship of $5,000 must be awarded to each school
898 principal assigned to a Title I school and a scholarship of
899 $4,000 to each every eligible school principal who is not
900 assigned to a Title I school and who is eligible under paragraph
901 (3)(a).
902 Section 9. Paragraph (b) of subsection (1) and subsection
903 (3) of section 1013.62, Florida Statutes, are amended to read:
904 1013.62 Charter schools capital outlay funding.—
905 (1) Charter school capital outlay funding shall consist of
906 revenue resulting from the discretionary millage authorized in
907 s. 1011.71(2) and state funds when such funds are appropriated
908 in the General Appropriations Act.
909 (b) A charter school is not eligible to receive capital
910 outlay funds if:
911 1. It was created by the conversion of a public school and
912 operates in facilities provided by the charter school’s sponsor
913 for a nominal fee, or at no charge, or if it is directly or
914 indirectly operated by the school district; or.
915 2. The chair of the governing board and the chief
916 administrative officer of the charter school do not annually
917 certify under oath that the funds will be used solely and
918 exclusively for constructing, renovating, or improving charter
919 school facilities that are:
920 a. Owned by a school district, a political subdivision of
921 the state, a municipality, a Florida College System institution,
922 or a state university; or
923 b. Owned by an organization that is qualified as an exempt
924 organization under s. 501(c)(3) of the Internal Revenue Code
925 whose articles of incorporation specify that, upon the
926 organization’s dissolution, the subject property will be
927 transferred to a school district, a political subdivision of the
928 state, a municipality, a Florida College System institution, or
929 a state university.
930 (3) If the school board levies the discretionary millage
931 authorized in s. 1011.71(2), the department shall use the
932 following calculation methodology to determine the amount of
933 revenue that a school district must distribute to each eligible
934 charter school:
935 (a) Reduce the total discretionary millage revenue by the
936 school district’s annual debt service obligation incurred as of
937 March 1, 2017, and any amount of participation requirement
938 pursuant to s. 1013.64(2)(a)8. that is being satisfied by
939 revenues raised by the discretionary millage.
940 (b) Divide the school district’s adjusted discretionary
941 millage revenue by the district’s total capital outlay full-time
942 equivalent membership and the total number of unweighted full
943 time equivalent students of each eligible charter school to
944 determine a capital outlay allocation per full-time equivalent
945 student.
946 (c) Multiply the capital outlay allocation per full-time
947 equivalent student by the total number of full-time equivalent
948 students for all of each eligible charter schools within the
949 district school to determine the total charter school capital
950 outlay allocation for each district charter school.
951 (d) If applicable, reduce the capital outlay allocation
952 identified in paragraph (c) by the total amount of state funds
953 allocated pursuant to subsection (2) to all each eligible
954 charter schools within a district school in subsection (2) to
955 determine the net total maximum calculated capital outlay
956 allocation from local funds. If state funds are not allocated
957 pursuant to subsection (2), the amount determined in paragraph
958 (c) is equal to the net total calculated capital outlay
959 allocation from local funds for each district.
960 (e) For each charter school within each district, the net
961 capital outlay amount from local funds shall be calculated in
962 the same manner as the state funds in paragraphs (2)(a)-(d),
963 except that the base charter school per weighted FTE allocation
964 amount shall be determined by dividing the net total capital
965 outlay amount from local funds by the total weighted FTE for all
966 eligible charter schools within the district. The per weighted
967 FTE allocation amount from local funds shall be multiplied by
968 the weighted FTE for each charter school to determine each
969 charter school’s capital outlay allocation from local funds.
970 (f)(e) School districts shall distribute capital outlay
971 funds to charter schools no later than February 1 of each year,
972 beginning on February 1, 2018, for the 2017-2018 fiscal year.
973 Section 10. This act shall take effect July 1, 2018.