Florida Senate - 2018                       CS for CS for SB 732
       By the Committees on Appropriations; and Education; and Senator
       576-04121-18                                           2018732c2
    1                        A bill to be entitled                      
    2         An act relating to K-12 education; amending s.
    3         1002.385, F.S.; revising the meaning of a rare disease
    4         within the definition of the term “disability” for
    5         purposes of the Gardiner Scholarship Program; revising
    6         eligible expenditures for the program; revising
    7         requirements for private schools that participate in
    8         the program; specifying that the failure or refusal,
    9         rather than the inability of, a private school to meet
   10         certain requirements constitutes a basis for program
   11         ineligibility; conforming cross-references; amending
   12         s. 1002.41, F.S.; specifying that a home education
   13         program is not a school district program and is
   14         registered with the district school superintendent
   15         only for the purpose of complying with the state’s
   16         attendance requirements; revising the content
   17         requirements of a notice of enrollment of a student in
   18         a home education program; requiring the district
   19         school superintendent to immediately register a home
   20         education program upon receipt of the notice;
   21         prohibiting a school district from requiring
   22         additional information or verification of a home
   23         education student except in specified circumstances;
   24         authorizing a school district to provide home
   25         education program students with access to certain
   26         courses and programs offered by the school district;
   27         requiring reporting and funding through the Florida
   28         Education Finance Program; requiring home education
   29         program students be provided access to certain
   30         certifications and assessments offered by the school
   31         district; prohibiting a school district from taking
   32         certain actions against a home education program
   33         student’s parent unless such action is necessary for a
   34         school district program; creating s. 1002.411, F.S.;
   35         establishing reading scholarship accounts for
   36         specified purposes; providing for eligibility for
   37         scholarships; providing for administration; providing
   38         duties of the Department of Education; providing
   39         school district obligations; specifying options for
   40         parents; providing that maximum funding shall be
   41         specified in the General Appropriations Act; providing
   42         for payment of funds; specifying that no state
   43         liability arises from the award or use of such an
   44         account; amending s. 1003.21, F.S.; prohibiting a
   45         district school superintendent from requiring certain
   46         evidence relating to a child’s age from children
   47         enrolled in specified schools and programs; amending
   48         s. 1003.26, F.S.; revising reporting requirements for
   49         specified issues relating to compulsory school
   50         attendance; amending s. 1003.27, F.S.; requiring a
   51         school and school district to comply with specified
   52         provisions before instituting criminal prosecution
   53         against certain parents relating to compulsory school
   54         attendance; amending s. 1003.436, F.S.; authorizing a
   55         district school board participating in the Mastery
   56         Based Education Pilot Program to award credit based on
   57         student mastery of certain content and skills;
   58         amending s. 1003.437, F.S.; authorizing a district
   59         school board participating in the Mastery-Based
   60         Education Pilot Program to use an alternative
   61         interpretation of letter grades for certain students;
   62         amending s. 1003.4996, F.S.; renaming the Competency
   63         Based Education Pilot Program as the Mastery-Based
   64         Education Pilot Program; authorizing public school
   65         districts to submit applications for the program;
   66         authorizing participating school districts to amend
   67         their applications to include alternatives for the
   68         award credits and interpretation of letter grades;
   69         providing requirements for such alternatives; deleting
   70         a requirement that the State Board of Education adopt
   71         rules; amending s. 1006.15, F.S.; revising the
   72         standards required for a home education student to
   73         participate in extracurricular activities; amending s.
   74         1007.23, F.S.; requiring the statewide articulation
   75         agreement to ensure fair and equitable access for
   76         students with mastery-based, nontraditional diplomas
   77         and transcripts; amending s. 1007.271, F.S.;
   78         prohibiting the dual enrollment articulation agreement
   79         from including course enrollment limitations for
   80         certain students; prohibiting dual enrollment course
   81         and program limitations for home education students
   82         from exceeding limitations for other students;
   83         providing an exemption from the grade point average
   84         requirement for initial enrollment in a dual
   85         enrollment program for certain home education
   86         students; amending s. 1007.35, F.S.; updating
   87         terminology; requiring the Department of Education to
   88         provide certain teacher and student ACT and PreACT
   89         information for the evaluation of certain services and
   90         activities; providing an appropriation; providing an
   91         effective date.
   93  Be It Enacted by the Legislature of the State of Florida:
   95         Section 1. Paragraph (d) of subsection (2), paragraphs (d),
   96  (h), (i), (j), and (l) of subsection (5), subsection (8), and
   97  paragraph (a) of subsection (11) of section 1002.385, Florida
   98  Statutes, are amended, and paragraphs (p) and (q) are added to
   99  subsection (5) of that section, to read:
  100         1002.385 The Gardiner Scholarship.—
  101         (2) DEFINITIONS.—As used in this section, the term:
  102         (d) “Disability” means, for a 3- or 4-year-old child or for
  103  a student in kindergarten to grade 12, autism spectrum disorder,
  104  as defined in the Diagnostic and Statistical Manual of Mental
  105  Disorders, Fifth Edition, published by the American Psychiatric
  106  Association; cerebral palsy, as defined in s. 393.063(6); Down
  107  syndrome, as defined in s. 393.063(15); an intellectual
  108  disability, as defined in s. 393.063(24); Phelan-McDermid
  109  syndrome, as defined in s. 393.063(28); Prader-Willi syndrome,
  110  as defined in s. 393.063(29); spina bifida, as defined in s.
  111  393.063(40); being a high-risk child, as defined in s.
  112  393.063(23)(a); muscular dystrophy; Williams syndrome; a rare
  113  disease, a disorder that affects diseases which affect patient
  114  populations of fewer than 200,000 individuals or fewer in the
  115  United States, as defined by the Orphan Drug Act of 1983, Pub.
  116  L. No. 97-414 National Organization for Rare Disorders;
  117  anaphylaxis; deaf; visually impaired; traumatic brain injured;
  118  hospital or homebound; or identification as dual sensory
  119  impaired, as defined by rules of the State Board of Education
  120  and evidenced by reports from local school districts. The term
  121  “hospital or homebound” includes a student who has a medically
  122  diagnosed physical or psychiatric condition or illness, as
  123  defined by the state board in rule, and who is confined to the
  124  home or hospital for more than 6 months.
  125         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  126  used to meet the individual educational needs of an eligible
  127  student and may be spent for the following purposes:
  128         (d) Enrollment in, or Tuition or fees associated with full
  129  time or part-time enrollment in, a home education program, an
  130  eligible private school, an eligible postsecondary educational
  131  institution or a program offered by the postsecondary
  132  institution, a private tutoring program authorized under s.
  133  1002.43, a virtual program offered by a department-approved
  134  private online provider that meets the provider qualifications
  135  specified in s. 1002.45(2)(a), the Florida Virtual School as a
  136  private paying student, or an approved online course offered
  137  pursuant to s. 1003.499 or s. 1004.0961.
  138         (h) Tuition and fees for part-time tutoring services
  139  provided by a person who holds a valid Florida educator’s
  140  certificate pursuant to s. 1012.56; a person who holds a valid
  141  professional standard teaching certificate issued by another
  142  state; a person who holds an adjunct teaching certificate
  143  pursuant to s. 1012.57; a person who has a bachelor’s degree or
  144  a graduate degree in the subject area in which instruction is
  145  given; or a person who has demonstrated a mastery of subject
  146  area knowledge pursuant to s. 1012.56(5). As used in this
  147  paragraph, the term “part-time tutoring services” does not
  148  qualify as regular school attendance as defined in s.
  149  1003.01(13) s. 1003.01(13)(e).
  150         (i) Fees for specialized summer education programs.
  151         (j) Fees for specialized after-school education programs.
  152         (l) Fees for an annual evaluation of educational progress
  153  by a state-certified teacher under s. 1002.41(1)(f) s.
  154  1002.41(1)(c), if this option is chosen for a home education
  155  student.
  156         (p) Fees for art, music, or sports lessons.
  157         (q)Tuition or fees associated with enrollment in a
  158  nationally or internationally recognized research-based training
  159  program for a child with a neurological disorder or brain
  160  damage.
  162  A provider of any services receiving payments pursuant to this
  163  subsection may not share, refund, or rebate any moneys from the
  164  Gardiner Scholarship with the parent or participating student in
  165  any manner. A parent, student, or provider of any services may
  166  not bill an insurance company, Medicaid, or any other agency for
  167  the same services that are paid for using Gardiner Scholarship
  168  funds.
  170  private school may be sectarian or nonsectarian and shall:
  171         (a) Comply with all requirements for private schools
  172  participating in state school choice scholarship programs
  173  pursuant to s. 1002.421.
  174         (b) Provide to the organization, upon request, all
  175  documentation required for the student’s participation,
  176  including the private school’s and student’s fee schedules.
  177         (c) Be academically accountable to the parent for meeting
  178  the educational needs of the student by:
  179         1. At a minimum, annually providing to the parent a written
  180  explanation of the student’s progress.
  181         2. Annually administering or making provision for students
  182  participating in the program in grades 3 through 10 to take one
  183  of the nationally norm-referenced tests identified by the
  184  Department of Education or the statewide assessments pursuant to
  185  s. 1008.22. Students with disabilities for whom standardized
  186  testing is not appropriate are exempt from this requirement. A
  187  participating private school shall report a student’s scores to
  188  the parent.
  189         3. Cooperating with the scholarship student whose parent
  190  chooses to have the student participate in the statewide
  191  assessments pursuant to s. 1008.22 or, if a private school
  192  chooses to offer the statewide assessments, administering the
  193  assessments at the school.
  194         a. A participating private school may choose to offer and
  195  administer the statewide assessments to all students who attend
  196  the private school in grades 3 through 10.
  197         b. A participating private school shall submit a request in
  198  writing to the Department of Education by March 1 of each year
  199  in order to administer the statewide assessments in the
  200  subsequent school year.
  201         (d) Employ or contract with teachers who have regular and
  202  direct contact with each student receiving a scholarship under
  203  this section at the school’s physical location.
  204         (e) Provide a report from an independent certified public
  205  accountant who performs the agreed-upon procedures developed
  206  under s. 1002.395(6)(o) if the private school receives more than
  207  $250,000 in funds from scholarships awarded under this chapter
  208  section in a state fiscal year. A private school subject to this
  209  paragraph must annually submit the report by September 15 to the
  210  organization that awarded the majority of the school’s
  211  scholarship funds. The agreed-upon procedures must be conducted
  212  in accordance with attestation standards established by the
  213  American Institute of Certified Public Accountants.
  215  If a private school fails or refuses is unable to meet the
  216  requirements of this subsection or has consecutive years of
  217  material exceptions listed in the report required under
  218  paragraph (e), the commissioner may determine that the private
  219  school is ineligible to participate in the program.
  221  PARTICIPATION.—A parent who applies for program participation
  222  under this section is exercising his or her parental option to
  223  determine the appropriate placement or the services that best
  224  meet the needs of his or her child. The scholarship award for a
  225  student is based on a matrix that assigns the student to support
  226  Level III services. If a parent receives an IEP and a matrix of
  227  services from the school district pursuant to subsection (7),
  228  the amount of the payment shall be adjusted as needed, when the
  229  school district completes the matrix.
  230         (a) To satisfy or maintain program eligibility, including
  231  eligibility to receive and spend program payments, the parent
  232  must sign an agreement with the organization and annually submit
  233  a notarized, sworn compliance statement to the organization to:
  234         1. Affirm that the student is enrolled in a program that
  235  meets regular school attendance requirements as provided in s.
  236  1003.01(13)(b) or (c) s. 1003.01(13)(b)-(d).
  237         2. Affirm that the program funds are used only for
  238  authorized purposes serving the student’s educational needs, as
  239  described in subsection (5).
  240         3. Affirm that the parent is responsible for the education
  241  of his or her student by, as applicable:
  242         a. Requiring the student to take an assessment in
  243  accordance with paragraph (8)(c);
  244         b. Providing an annual evaluation in accordance with s.
  245  1002.41(1)(f) s. 1002.41(1)(c); or
  246         c. Requiring the child to take any preassessments and
  247  postassessments selected by the provider if the child is 4 years
  248  of age and is enrolled in a program provided by an eligible
  249  Voluntary Prekindergarten Education Program provider. A student
  250  with disabilities for whom a preassessment and postassessment is
  251  not appropriate is exempt from this requirement. A participating
  252  provider shall report a student’s scores to the parent.
  253         4. Affirm that the student remains in good standing with
  254  the provider or school if those options are selected by the
  255  parent.
  257  A parent who fails to comply with this subsection forfeits the
  258  Gardiner Scholarship.
  259         Section 2. Subsections (1) and (2) of section 1002.41,
  260  Florida Statutes, are amended, and subsections (11), (12), and
  261  (13) are added to that section, to read:
  262         1002.41 Home education programs.—
  263         (1) As used in this section, the term A “home education
  264  program” has the same meaning as is defined in s. 1002.01. A
  265  home education program is not a school district program and is
  266  registered with the district school superintendent only for the
  267  purpose of complying with the state’s attendance requirements
  268  under s. 1003.21(1). The parent is not required to hold a valid
  269  regular Florida teaching certificate.
  270         (a) The parent, as defined in s. 1000.21, who establishes
  271  and maintains a home education program shall notify the district
  272  school superintendent of the county in which the parent resides
  273  of her or his intent to establish and maintain a home education
  274  program. The notice must shall be in writing, signed by the
  275  parent, and shall include the full legal names, addresses, and
  276  birthdates of all children who shall be enrolled as students in
  277  the home education program. The notice must shall be filed in
  278  the district school superintendent’s office within 30 days of
  279  the establishment of the home education program.
  280         (b)The district school superintendent shall accept the
  281  notice and immediately register the home education program upon
  282  receipt of the notice. The district may not require any
  283  additional information or verification from the parent unless
  284  the student chooses to participate in a school district program
  285  or service. The district school superintendent may not assign a
  286  grade level to the home education student or include a social
  287  security number or any other personal information of the student
  288  in any school district or state database unless the student
  289  chooses to participate in a school district program or service;
  290  and
  291         (c) The parent shall file a written notice of termination
  292  upon completion of the home education program with shall be
  293  filed in the district school superintendent, along with the
  294  annual evaluation required in paragraph (f), within
  295  superintendent’s office within 30 days of after said
  296  termination.
  297         (d)(b) The parent shall maintain a portfolio of records and
  298  materials. The portfolio must shall consist of the following:
  299         1. A log of educational activities that is made
  300  contemporaneously with the instruction and that designates by
  301  title any reading materials used.
  302         2. Samples of any writings, worksheets, workbooks, or
  303  creative materials used or developed by the student.
  304         (e) The parent shall determine the content of the
  305  portfolio, preserve it shall be preserved by the parent for 2
  306  years, and make it shall be made available for inspection, if
  307  requested, by the district school superintendent, or the
  308  district school superintendent’s agent, upon 15 days’ written
  309  notice. Nothing in this section shall require the district
  310  school superintendent to inspect the portfolio.
  311         (f)(c) The parent shall provide for an annual educational
  312  evaluation in which is documented the student’s demonstration of
  313  educational progress at a level commensurate with her or his
  314  ability. The parent shall select the method of evaluation and
  315  shall file a copy of the evaluation annually with the district
  316  school superintendent’s office in the county in which the
  317  student resides. The annual educational evaluation shall consist
  318  of one of the following:
  319         1. A teacher selected by the parent shall evaluate the
  320  student’s educational progress upon review of the portfolio and
  321  discussion with the student. Such teacher shall hold a valid
  322  regular Florida certificate to teach academic subjects at the
  323  elementary or secondary level;
  324         2. The student shall take any nationally normed student
  325  achievement test administered by a certified teacher;
  326         3. The student shall take a state student assessment test
  327  used by the school district and administered by a certified
  328  teacher, at a location and under testing conditions approved by
  329  the school district;
  330         4. The student shall be evaluated by an individual holding
  331  a valid, active license pursuant to the provisions of s.
  332  490.003(7) or (8); or
  333         5. The student shall be evaluated with any other valid
  334  measurement tool as mutually agreed upon by the district school
  335  superintendent of the district in which the student resides and
  336  the student’s parent.
  337         (2) The district school superintendent shall review and
  338  accept the results of the annual educational evaluation of the
  339  student in a home education program. If the student does not
  340  demonstrate educational progress at a level commensurate with
  341  her or his ability, the district school superintendent shall
  342  notify the parent, in writing, that such progress has not been
  343  achieved. The parent shall have 1 year from the date of receipt
  344  of the written notification to provide remedial instruction to
  345  the student. At the end of the 1-year probationary period, the
  346  student shall be reevaluated as specified in paragraph (1)(f)
  347  (1)(c). Continuation in a home education program shall be
  348  contingent upon the student demonstrating educational progress
  349  commensurate with her or his ability at the end of the
  350  probationary period.
  351         (11) A school district may provide access to career and
  352  technical courses and programs for a home education program
  353  student who enrolls in a public school solely for the career and
  354  technical courses or programs. The school district that provides
  355  the career and technical courses and programs shall report each
  356  student as a full-time equivalent student in the class and in a
  357  manner prescribed by the department, and funding shall be
  358  provided through the Florida Education Finance Program pursuant
  359  to s. 1011.62.
  360         (12) Industry certifications, national assessments, and
  361  statewide, standardized assessments offered by the school
  362  district shall be available to home education program students.
  363  Each school district shall notify home education program
  364  students of the available certifications and assessments; the
  365  date, time, and locations for the administration of each
  366  certification and assessment; and the deadline for notifying the
  367  school district of the student’s intent to participate and the
  368  student’s preferred location.
  369         (13) A school district may not further regulate, exercise
  370  control over, or require documentation from parents of home
  371  education program students beyond the requirements of this
  372  section unless the regulation, control, or documentation is
  373  necessary for participation in a school district program.
  374         Section 3. Section 1002.411, Florida Statutes, is created
  375  to read:
  376         1002.411Reading scholarship accounts.—
  377         (1)READING SCHOLARSHIP ACCOUNTS.—Reading scholarship
  378  accounts are established to provide educational options for
  379  students.
  380         (2)ELIGIBILITY.—Contingent upon available funds, and on a
  381  first-come, first-served basis, each student in grades 3 through
  382  5 who is enrolled in a Florida public school is eligible for a
  383  reading scholarship account if the student scored below a Level
  384  3 on the grade 3 or grade 4 statewide, standardized English
  385  Language Arts (ELA) assessment in the prior school year. An
  386  eligible student who is classified as an English Learner and is
  387  enrolled in a program or receiving services that are
  388  specifically designed to meet the instructional needs of English
  389  Learner students shall receive priority.
  391         (a)For an eligible student to receive a reading
  392  scholarship account, the student’s parent must:
  393         1.Submit an application to an eligible nonprofit
  394  scholarship-funding organization by the deadline established by
  395  such organization; and
  396         2.Submit eligible expenses to the eligible nonprofit
  397  scholarship-funding organization for reimbursement of qualifying
  398  expenditures, which may include:
  399         a.Instructional materials.
  400         b.Curriculum. As used in this sub-subparagraph, the term
  401  “curriculum” means a complete course of study for a particular
  402  content area or grade level, including any required supplemental
  403  materials and associated online instruction.
  404         c.Tuition and fees for part-time tutoring services
  405  provided by a person who holds a valid Florida educator’s
  406  certificate pursuant to s. 1012.56; a person who holds a
  407  baccalaureate or graduate degree in the subject area; a person
  408  who holds an adjunct teaching certificate pursuant to s.
  409  1012.57; or a person who has demonstrated a mastery of subject
  410  area knowledge pursuant to s. 1012.56(5).
  411         d.Fees for summer education programs.
  412         e.Fees for after-school education programs.
  414  A provider of any services receiving payments pursuant to this
  415  subparagraph may not share any moneys from the reading
  416  scholarship with, or provide a refund or rebate of any moneys
  417  from such scholarship to, the parent or participating student in
  418  any manner. A parent, student, or provider of any services may
  419  not bill an insurance company, Medicaid, or any other agency for
  420  the same services that are paid for using reading scholarship
  421  funds.
  422         (b)The parent is responsible for the payment of all
  423  eligible expenses in excess of the amount in the account in
  424  accordance with the terms agreed to between the parent and any
  425  providers and may not receive any refund or rebate of any
  426  expenditures made in accordance with paragraph (a).
  427         (4)ADMINISTRATION.—An eligible nonprofit scholarship
  428  funding organization participating in the Florida Tax Credit
  429  Scholarship Program established by s. 1002.395 may establish
  430  reading scholarship accounts for eligible students in accordance
  431  with the requirements of eligible nonprofit scholarship-funding
  432  organizations under this chapter.
  433         (5)DEPARTMENT OBLIGATIONS.—The department shall have the
  434  same duties imposed by this chapter upon the department
  435  regarding oversight of scholarship programs administered by an
  436  eligible nonprofit scholarship-funding organization.
  438  September 30, the school district shall notify the parent of
  439  each student in grades 3 through 5 who scored below a level 3 on
  440  the statewide, standardized ELA assessment in the prior school
  441  year of the process to request and receive a reading
  442  scholarship, subject to available funds.
  444         (a)For the 2018-2019 school year, the amount of the
  445  scholarship shall be $500 per eligible student. Thereafter, the
  446  maximum amount awarded an eligible student shall be provided in
  447  the General Appropriations Act.
  448         (b)One hundred percent of the funds appropriated for the
  449  reading scholarship accounts shall be released to the department
  450  at the beginning of the first quarter of each fiscal year.
  451         (c)Upon notification from the eligible nonprofit
  452  scholarship-funding organization that a student has been
  453  determined eligible for a reading scholarship, the department
  454  shall release the student’s scholarship funds to such
  455  organization to be deposited into the student’s account.
  456         (d)Accrued interest in the student’s account is in
  457  addition to, and not part of, the awarded funds. Account funds
  458  include both the awarded funds and accrued interest.
  459         (e)The eligible nonprofit scholarship-funding organization
  460  may develop a system for payment of scholarship funds by funds
  461  transfer, including, but not limited to, debit cards, electronic
  462  payment cards, or any other means of payment that the department
  463  deems to be commercially viable or cost-effective. A student’s
  464  scholarship award may not be reduced for debit card or
  465  electronic payment fees. Commodities or services related to the
  466  development of such a system shall be procured by competitive
  467  solicitation unless they are purchased from a state term
  468  contract pursuant to s. 287.056.
  469         (f)Payment of the scholarship shall be made by the
  470  eligible nonprofit scholarship-funding organization no less
  471  frequently than on a quarterly basis.
  472         (g)In addition to funds appropriated for scholarships and
  473  subject to a separate, specific legislative appropriation, an
  474  organization may receive an amount equivalent to not more than 3
  475  percent of the amount of each scholarship from state funds for
  476  administrative expenses if the organization has operated as a
  477  nonprofit entity for at least the preceding 3 fiscal years and
  478  did not have any findings of material weakness or material
  479  noncompliance in its most recent audit under s. 1002.395. Such
  480  administrative expenses must be reasonable and necessary for the
  481  organization’s management and distribution of scholarships under
  482  this section. Funds authorized under this paragraph may not be
  483  used for lobbying or political activity or expenses related to
  484  lobbying or political activity. An organization may not charge
  485  an application fee for a scholarship. Administrative expenses
  486  may not be deducted from funds appropriated for scholarships.
  487         (h)Moneys received pursuant to this section do not
  488  constitute taxable income to the qualified student or his or her
  489  parent.
  490         (i)A student’s scholarship account must be closed and any
  491  remaining funds shall revert to the state after:
  492         1.Denial or revocation of scholarship eligibility by the
  493  commissioner for fraud or abuse, including, but not limited to,
  494  the student or student’s parent accepting any payment, refund,
  495  or rebate, in any manner, from a provider of any services
  496  received pursuant to subsection (3); or
  497         2.Three consecutive fiscal years in which an account has
  498  been inactive.
  499         (8)LIABILITY.—No liability shall arise on the part of the
  500  state based on the award or use of a reading scholarship
  501  account.
  502         Section 4. Subsection (4) of section 1003.21, Florida
  503  Statutes, is amended to read:
  504         1003.21 School attendance.—
  505         (4) Before admitting a child to kindergarten, the principal
  506  shall require evidence that the child has attained the age at
  507  which he or she should be admitted in accordance with the
  508  provisions of subparagraph (1)(a)2. The district school
  509  superintendent may require evidence of the age of any child who
  510  is being enrolled in public school who the district school
  511  superintendent whom he or she believes to be within the limits
  512  of compulsory attendance as provided for by law; however, the
  513  district school superintendent may not require evidence from any
  514  child who meets regular attendance requirements by attending a
  515  school or program listed in s. 1003.01(13)(b)-(e). If the first
  516  prescribed evidence is not available, the next evidence
  517  obtainable in the order set forth below shall be accepted:
  518         (a) A duly attested transcript of the child’s birth record
  519  filed according to law with a public officer charged with the
  520  duty of recording births;
  521         (b) A duly attested transcript of a certificate of baptism
  522  showing the date of birth and place of baptism of the child,
  523  accompanied by an affidavit sworn to by the parent;
  524         (c) An insurance policy on the child’s life that has been
  525  in force for at least 2 years;
  526         (d) A bona fide contemporary religious record of the
  527  child’s birth accompanied by an affidavit sworn to by the
  528  parent;
  529         (e) A passport or certificate of arrival in the United
  530  States showing the age of the child;
  531         (f) A transcript of record of age shown in the child’s
  532  school record of at least 4 years prior to application, stating
  533  date of birth; or
  534         (g) If none of these evidences can be produced, an
  535  affidavit of age sworn to by the parent, accompanied by a
  536  certificate of age signed by a public health officer or by a
  537  public school physician, or, if these are not available in the
  538  county, by a licensed practicing physician designated by the
  539  district school board, which states that the health officer or
  540  physician has examined the child and believes that the age as
  541  stated in the affidavit is substantially correct. Children and
  542  youths who are experiencing homelessness and children who are
  543  known to the department, as defined in s. 39.0016, shall be
  544  given temporary exemption from this section for 30 school days.
  545         Section 5. Paragraph (f) of subsection (1) and paragraph
  546  (a) of subsection (2) of section 1003.26, Florida Statutes, are
  547  amended to read:
  548         1003.26 Enforcement of school attendance.—The Legislature
  549  finds that poor academic performance is associated with
  550  nonattendance and that school districts must take an active role
  551  in promoting and enforcing attendance as a means of improving
  552  student performance. It is the policy of the state that each
  553  district school superintendent be responsible for enforcing
  554  school attendance of all students subject to the compulsory
  555  school age in the school district and supporting enforcement of
  556  school attendance by local law enforcement agencies. The
  557  responsibility includes recommending policies and procedures to
  558  the district school board that require public schools to respond
  559  in a timely manner to every unexcused absence, and every absence
  560  for which the reason is unknown, of students enrolled in the
  561  schools. District school board policies shall require the parent
  562  of a student to justify each absence of the student, and that
  563  justification will be evaluated based on adopted district school
  564  board policies that define excused and unexcused absences. The
  565  policies must provide that public schools track excused and
  566  unexcused absences and contact the home in the case of an
  567  unexcused absence from school, or an absence from school for
  568  which the reason is unknown, to prevent the development of
  569  patterns of nonattendance. The Legislature finds that early
  570  intervention in school attendance is the most effective way of
  571  producing good attendance habits that will lead to improved
  572  student learning and achievement. Each public school shall
  573  implement the following steps to promote and enforce regular
  574  school attendance:
  575         (1) CONTACT, REFER, AND ENFORCE.—
  576         (f)1. If the parent of a child who has been identified as
  577  exhibiting a pattern of nonattendance enrolls the child in a
  578  home education program pursuant to chapter 1002, the district
  579  school superintendent shall provide the parent a copy of s.
  580  1002.41 and the accountability requirements of this paragraph.
  581  The district school superintendent shall also refer the parent
  582  to a home education review committee composed of the district
  583  contact for home education programs and at least two home
  584  educators selected by the parent from a district list of all
  585  home educators who have conducted a home education program for
  586  at least 3 years and who have indicated a willingness to serve
  587  on the committee. The home education review committee shall
  588  review the portfolio of the student, as defined by s. 1002.41,
  589  every 30 days during the district’s regular school terms until
  590  the committee is satisfied that the home education program is in
  591  compliance with s. 1002.41(1)(d) s. 1002.41(1)(b). The first
  592  portfolio review must occur within the first 30 calendar days of
  593  the establishment of the program. The provisions of subparagraph
  594  2. do not apply once the committee determines the home education
  595  program is in compliance with s. 1002.41(1)(d) s. 1002.41(1)(b).
  596         2. If the parent fails to provide a portfolio to the
  597  committee, the committee shall notify the district school
  598  superintendent. The district school superintendent shall then
  599  terminate the home education program and require the parent to
  600  enroll the child in an attendance option that meets the
  601  definition of “regular school attendance” under s.
  602  1003.01(13)(a), (b), (c), or (e), within 3 days. Upon
  603  termination of a home education program pursuant to this
  604  subparagraph, the parent shall not be eligible to reenroll the
  605  child in a home education program for 180 calendar days. Failure
  606  of a parent to enroll the child in an attendance option as
  607  required by this subparagraph after termination of the home
  608  education program pursuant to this subparagraph shall constitute
  609  noncompliance with the compulsory attendance requirements of s.
  610  1003.21 and may result in criminal prosecution under s.
  611  1003.27(2). Nothing contained herein shall restrict the ability
  612  of the district school superintendent, or the ability of his or
  613  her designee, to review the portfolio pursuant to s.
  614  1002.41(1)(e) s. 1002.41(1)(b).
  615         (2) GIVE WRITTEN NOTICE.—
  616         (a) Under the direction of the district school
  617  superintendent, a designated school representative shall give
  618  written notice that requires enrollment or attendance within 3
  619  days after the date of notice, in person or by return-receipt
  620  mail, to the parent when no valid reason is found for a
  621  student’s nonenrollment in school. If the notice and requirement
  622  are ignored, the designated school representative shall report
  623  the case to the district school superintendent, who and may
  624  refer the case to the child study team in paragraph (1)(b) at
  625  the school the student would be assigned according to district
  626  school board attendance area policies or to the case staffing
  627  committee, established pursuant to s. 984.12. The child study
  628  team shall diligently facilitate intervention services and shall
  629  report the case back to the district school superintendent only
  630  when all reasonable efforts to resolve the nonenrollment
  631  behavior are exhausted. If the parent still refuses to cooperate
  632  or enroll the child in school, the district school
  633  superintendent shall take such steps as are necessary to bring
  634  criminal prosecution against the parent.
  635         Section 6. Subsection (2) of section 1003.27, Florida
  636  Statutes, is amended to read:
  637         1003.27 Court procedure and penalties.—The court procedure
  638  and penalties for the enforcement of the provisions of this
  639  part, relating to compulsory school attendance, shall be as
  640  follows:
  642         (a) In each case of nonenrollment or of nonattendance upon
  643  the part of a student who is required to attend some school,
  644  when no valid reason for such nonenrollment or nonattendance is
  645  found, the district school superintendent shall institute a
  646  criminal prosecution against the student’s parent. However,
  647  criminal prosecution may not be instituted against the student’s
  648  parent until the school and school district have complied with
  649  s. 1003.26.
  650         (b) Each public school principal or the principal’s
  651  designee shall notify the district school board of each minor
  652  student under its jurisdiction who accumulates 15 unexcused
  653  absences in a period of 90 calendar days. Each designee of the
  654  governing body of each private school, and each parent whose
  655  child is enrolled in a home education program, may provide the
  656  Department of Highway Safety and Motor Vehicles with the legal
  657  name, sex, date of birth, and social security number of each
  658  minor student under his or her jurisdiction who fails to satisfy
  659  relevant attendance requirements and who fails to otherwise
  660  satisfy the requirements of s. 322.091. The district school
  661  superintendent must provide the Department of Highway Safety and
  662  Motor Vehicles the legal name, sex, date of birth, and social
  663  security number of each minor student who has been reported
  664  under this paragraph and who fails to otherwise satisfy the
  665  requirements of s. 322.091. The Department of Highway Safety and
  666  Motor Vehicles may not issue a driver license or learner’s
  667  driver license to, and shall suspend any previously issued
  668  driver license or learner’s driver license of, any such minor
  669  student, pursuant to the provisions of s. 322.091.
  670         (c) Each designee of the governing body of each private
  671  school and each parent whose child is enrolled in a home
  672  education program may provide the Department of Highway Safety
  673  and Motor Vehicles with the legal name, sex, date of birth, and
  674  social security number of each minor student under his or her
  675  jurisdiction who fails to satisfy relevant attendance
  676  requirements and who fails to otherwise satisfy the requirements
  677  of s. 322.091. The Department of Highway Safety and Motor
  678  Vehicles may not issue a driver license or learner’s driver
  679  license to, and shall suspend any previously issued driver
  680  license or learner’s driver license of, any such minor student,
  681  pursuant to s. 322.091.
  682         Section 7. Paragraph (a) of subsection (1) of section
  683  1003.436, Florida Statutes, is amended to read:
  684         1003.436 Definition of “credit.”—
  685         (1)(a) For the purposes of requirements for high school
  686  graduation, one full credit means a minimum of 135 hours of bona
  687  fide instruction in a designated course of study that contains
  688  student performance standards, except as otherwise provided
  689  through the Credit Acceleration Program (CAP) under s.
  690  1003.4295(3). One full credit means a minimum of 120 hours of
  691  bona fide instruction in a designated course of study that
  692  contains student performance standards for purposes of meeting
  693  high school graduation requirements in a district school that
  694  has been authorized to implement block scheduling by the
  695  district school board. In lieu of the 135- and 120-hour
  696  instruction requirements, district school boards participating
  697  in the Mastery-Based Education Pilot Program under s. 1003.4996,
  698  may determine and award credit based on a student’s mastery of
  699  the core content and skills, consistent with s. 1003.41, as
  700  approved by the district school board. The State Board of
  701  Education shall determine the number of postsecondary credit
  702  hours earned through dual enrollment pursuant to s. 1007.271
  703  that satisfy the requirements of a dual enrollment articulation
  704  agreement according to s. 1007.271(21) and that equal one full
  705  credit of the equivalent high school course identified pursuant
  706  to s. 1007.271(9).
  707         Section 8. Section 1003.437, Florida Statutes, is amended
  708  to read:
  709         1003.437 Middle and high school grading system.—
  710         (1) The grading system and interpretation of letter grades
  711  used to measure student success in grade 6 through grade 12
  712  courses for students in public schools shall be as follows:
  713         (a)(1) Grade “A” equals 90 percent through 100 percent, has
  714  a grade point average value of 4, and is defined as “outstanding
  715  progress.”
  716         (b)(2) Grade “B” equals 80 percent through 89 percent, has
  717  a grade point average value of 3, and is defined as “above
  718  average progress.”
  719         (c)(3) Grade “C” equals 70 percent through 79 percent, has
  720  a grade point average value of 2, and is defined as “average
  721  progress.”
  722         (d)(4) Grade “D” equals 60 percent through 69 percent, has
  723  a grade point average value of 1, and is defined as “lowest
  724  acceptable progress.”
  725         (e)(5) Grade “F” equals zero percent through 59 percent,
  726  has a grade point average value of zero, and is defined as
  727  “failure.”
  728         (f)(6) Grade “I” equals zero percent, has a grade point
  729  average value of zero, and is defined as “incomplete.”
  730         (2)District school boards participating in the Mastery
  731  Based Education Pilot Program under s. 1003.4996 may use an
  732  alternative interpretation of letter grades to measure student
  733  success in grades 6 through 12.
  735  For the purposes of class ranking, district school boards may
  736  exercise a weighted grading system pursuant to s. 1007.271.
  737         Section 9. Section 1003.4996, Florida Statutes, is amended
  738  to read:
  739         1003.4996 Mastery-Based Competency-Based Education Pilot
  740  Program.—Beginning with the 2016-2017 school year, The Mastery
  741  Based Competency-Based Education Pilot Program is created within
  742  the Department of Education to be administered for a period of 5
  743  years. The purpose of the pilot program is to provide an
  744  educational environment that allows students to advance to
  745  higher levels of learning upon the mastery of concepts and
  746  skills through statutory exemptions relating to student
  747  progression and the awarding of credits.
  748         (1) PARTICIPATION.—The P.K. Yonge Developmental Research
  749  School and public school districts, including, but not limited
  750  to, the Lake, Palm Beach, Pinellas, and Seminole County School
  751  Districts, may submit an application in a format prescribed by
  752  the department to participate in the pilot program.
  753         (2) APPLICATION.—The application to participate in the
  754  pilot program must, at a minimum, include:
  755         (a) The vision and timelines for the implementation of
  756  mastery-based competency-based education within the school
  757  district, including a list of the schools that will participate
  758  in the pilot program during the first school year and the list
  759  of schools that will be integrated into the program in
  760  subsequent school years.
  761         (b) The annual goals and performance outcomes for
  762  participating schools, including, but not limited to:
  763         1. Student performance as defined in s. 1008.34.
  764         2. Promotion and retention rates.
  765         3. Graduation rates.
  766         4. Indicators of college and career readiness.
  767         (c) A communication plan for parents and other
  768  stakeholders, including local businesses and community members.
  769         (d) The scope of and timelines for professional development
  770  for school instructional and administrative personnel.
  771         (e) A plan for student progression based on the mastery of
  772  content, including mechanisms that determine and ensure that a
  773  student has satisfied the requirements for grade-level promotion
  774  and content mastery.
  775         (f) A plan for using technology and digital and blended
  776  learning to enhance student achievement and facilitate the
  777  mastery-based competency-based education system.
  778         (g) The proposed allocation of resources for the pilot
  779  program at the school and district levels.
  780         (h) The recruitment and selection of participating schools.
  781         (i) The rules to be waived for participating schools
  782  pursuant to subsection (3) to implement the pilot program.
  783         (3) EXEMPTION FROM RULES.—In addition to the waivers
  784  authorized in s. 1001.10(3), the State Board of Education may
  785  authorize the commissioner to grant an additional waiver of
  786  rules relating to student progression and the awarding of
  787  credits.
  789         (a)Beginning with the 2018-2019 school year, participating
  790  school districts may amend their applications to include
  791  alternatives for awarding credit, as authorized under s.
  792  1003.436, and for the interpretation of middle and high school
  793  letter grades, as authorized under s. 1003.437.
  794         1.Alternatives to awarding credit must include a
  795  verification of the student’s mastery of the applicable course
  796  content using rigorous scoring rubrics to evaluate the student’s
  797  work.
  798         2.Alternatives to the interpretation of middle and high
  799  school letter grades may substitute the applicable language from
  800  the school district’s rigorous scoring rubric.
  801         (b)An application that is amended pursuant to this
  802  subsection must be approved by the district school board.
  803         (5)(4) STUDENT FUNDING.—Students enrolled in a
  804  participating school shall be reported for and generate funding
  805  pursuant to s. 1011.62.
  806         (6)(5) DEPARTMENT DUTIES.—The department shall:
  807         (a) Compile the student and staff schedules of
  808  participating schools before and after implementation of the
  809  pilot program.
  810         (b) Provide participating schools with access to statewide,
  811  standardized assessments required under s. 1008.22.
  812         (c) Annually, by June 1, provide to the Governor, the
  813  President of the Senate, and the Speaker of the House of
  814  Representatives a report summarizing the activities and
  815  accomplishments of the pilot program and any recommendations for
  816  statutory revisions.
  817         (6)RULES.—The State Board of Education shall adopt rules
  818  to administer this section.
  819         Section 10. Paragraph (c) of subsection (3) of section
  820  1006.15, Florida Statutes, is amended to read:
  821         1006.15 Student standards for participation in
  822  interscholastic and intrascholastic extracurricular student
  823  activities; regulation.—
  824         (3)
  825         (c) An individual home education student is eligible to
  826  participate at the public school to which the student would be
  827  assigned according to district school board attendance area
  828  policies or which the student could choose to attend pursuant to
  829  s. 1002.31, or may develop an agreement to participate at a
  830  private school, in the interscholastic extracurricular
  831  activities of that school, provided the following conditions are
  832  met:
  833         1. The home education student must meet the requirements of
  834  the home education program pursuant to s. 1002.41.
  835         2. During the period of participation at a school, the home
  836  education student must demonstrate educational progress as
  837  required in paragraph (b) in all subjects taken in the home
  838  education program by a method of evaluation agreed upon by the
  839  parent and the school principal which may include: review of the
  840  student’s work by a certified teacher chosen by the parent;
  841  grades earned through correspondence; grades earned in courses
  842  taken at a Florida College System institution, university, or
  843  trade school; standardized test scores above the 35th
  844  percentile; or any other method designated in s. 1002.41.
  845         3. The home education student must meet the same residency
  846  requirements as other students in the school at which he or she
  847  participates.
  848         4. The home education student must meet the same standards
  849  of acceptance, behavior, and performance as required of other
  850  students in extracurricular activities.
  851         5. The student must register with the school his or her
  852  intent to participate in interscholastic extracurricular
  853  activities as a representative of the school before
  854  participation the beginning date of the season for the activity
  855  in which he or she wishes to participate. A home education
  856  student must be able to participate in curricular activities if
  857  that is a requirement for an extracurricular activity.
  858         6. A student who transfers from a home education program to
  859  a public school before or during the first grading period of the
  860  school year is academically eligible to participate in
  861  interscholastic extracurricular activities during the first
  862  grading period provided the student has a successful evaluation
  863  from the previous school year, pursuant to subparagraph 2.
  864         7. Any public school or private school student who has been
  865  unable to maintain academic eligibility for participation in
  866  interscholastic extracurricular activities is ineligible to
  867  participate in such activities as a home education student until
  868  the student has successfully completed one grading period in
  869  home education pursuant to subparagraph 2. to become eligible to
  870  participate as a home education student.
  871         Section 11. Subsection (7) is added to section 1007.23,
  872  Florida Statutes, to read:
  873         1007.23 Statewide articulation agreement.—
  874         (7)The articulation agreement must ensure fair and
  875  equitable access for high school graduates with mastery-based,
  876  nontraditional diplomas and transcripts.
  877         Section 12. Subsection (3) and paragraph (b) of subsection
  878  (13) of section 1007.271, Florida Statutes, are amended to read:
  879         1007.271 Dual enrollment programs.—
  880         (3) Student eligibility requirements for initial enrollment
  881  in college credit dual enrollment courses must include a 3.0
  882  unweighted high school grade point average and the minimum score
  883  on a common placement test adopted by the State Board of
  884  Education which indicates that the student is ready for college
  885  level coursework. Student eligibility requirements for continued
  886  enrollment in college credit dual enrollment courses must
  887  include the maintenance of a 3.0 unweighted high school grade
  888  point average and the minimum postsecondary grade point average
  889  established by the postsecondary institution. Regardless of
  890  meeting student eligibility requirements for continued
  891  enrollment, a student may lose the opportunity to participate in
  892  a dual enrollment course if the student is disruptive to the
  893  learning process such that the progress of other students or the
  894  efficient administration of the course is hindered. Student
  895  eligibility requirements for initial and continued enrollment in
  896  career certificate dual enrollment courses must include a 2.0
  897  unweighted high school grade point average. Exceptions to the
  898  required grade point averages may be granted on an individual
  899  student basis if the educational entities agree and the terms of
  900  the agreement are contained within the dual enrollment
  901  articulation agreement established pursuant to subsection (21).
  902  Florida College System institution boards of trustees may
  903  establish additional initial student eligibility requirements,
  904  which shall be included in the dual enrollment articulation
  905  agreement, to ensure student readiness for postsecondary
  906  instruction. Additional requirements included in the agreement
  907  may not arbitrarily prohibit students who have demonstrated the
  908  ability to master advanced courses from participating in dual
  909  enrollment courses or limit the number of dual enrollment
  910  courses in which a student may enroll based solely upon
  911  enrollment by the student at an independent postsecondary
  912  institution.
  913         (13)
  914         (b) Each postsecondary institution eligible to participate
  915  in the dual enrollment program pursuant to s. 1011.62(1)(i) must
  916  enter into a home education articulation agreement with each
  917  home education student seeking enrollment in a dual enrollment
  918  course and the student’s parent. By August 1 of each year, the
  919  eligible postsecondary institution shall complete and submit the
  920  home education articulation agreement to the Department of
  921  Education. The home education articulation agreement must
  922  include, at a minimum:
  923         1. A delineation of courses and programs available to
  924  dually enrolled home education students. Courses and programs
  925  may be added, revised, or deleted at any time by the
  926  postsecondary institution. Any course or program limitations may
  927  not exceed the limitations for other dually enrolled students.
  928         2. The initial and continued eligibility requirements for
  929  home education student participation, not to exceed those
  930  required of other dually enrolled students. A high school grade
  931  point average may not be required for home education students
  932  who meet the minimum score on a common placement test adopted by
  933  the State Board of Education which indicates that the student is
  934  ready for college-level coursework; however, home education
  935  student eligibility requirements for continued enrollment in
  936  dual enrollment courses must include the maintenance of the
  937  minimum postsecondary grade point average established by the
  938  postsecondary institution.
  939         3. The student’s responsibilities for providing his or her
  940  own instructional materials and transportation.
  941         4. A copy of the statement on transfer guarantees developed
  942  by the Department of Education under subsection (15).
  943         Section 13. Subsection (5), paragraph (j) of subsection
  944  (6), and subsection (8) of section 1007.35, Florida Statutes,
  945  are amended to read:
  946         1007.35 Florida Partnership for Minority and
  947  Underrepresented Student Achievement.—
  948         (5) Each public high school, including, but not limited to,
  949  schools and alternative sites and centers of the Department of
  950  Juvenile Justice, shall provide for the administration of the
  951  Preliminary SAT/National Merit Scholarship Qualifying Test
  952  (PSAT/NMSQT), or the PreACT preliminary ACT to all enrolled 10th
  953  grade students. However, a written notice shall be provided to
  954  each parent which must include the opportunity to exempt his or
  955  her child from taking the PSAT/NMSQT or the PreACT preliminary
  956  ACT.
  957         (a) Test results will provide each high school with a
  958  database of student assessment data which certified school
  959  counselors will use to identify students who are prepared or who
  960  need additional work to be prepared to enroll and be successful
  961  in AP courses or other advanced high school courses.
  962         (b) Funding for the PSAT/NMSQT or the PreACT preliminary
  963  ACT for all 10th grade students shall be contingent upon annual
  964  funding in the General Appropriations Act.
  965         (c) Public school districts must choose either the
  966  PSAT/NMSQT or the PreACT preliminary ACT for districtwide
  967  administration.
  968         (6) The partnership shall:
  969         (j) Provide information to students, parents, teachers,
  970  counselors, administrators, districts, Florida College System
  971  institutions, and state universities regarding PSAT/NMSQT or the
  972  PreACT preliminary ACT administration, including, but not
  973  limited to:
  974         1. Test administration dates and times.
  975         2. That participation in the PSAT/NMSQT or the PreACT
  976  preliminary ACT is open to all 10th grade students.
  977         3. The value of such tests in providing diagnostic feedback
  978  on student skills.
  979         4. The value of student scores in predicting the
  980  probability of success on AP or other advanced course
  981  examinations.
  982         (8)(a) By September 30 of each year, the partnership shall
  983  submit to the department a report that contains an evaluation of
  984  the effectiveness of the delivered services and activities.
  985  Activities and services must be evaluated on their effectiveness
  986  at raising student achievement and increasing the number of AP
  987  or other advanced course examinations in low-performing middle
  988  and high schools. Other indicators that must be addressed in the
  989  evaluation report include the number of middle and high school
  990  teachers trained; the effectiveness of the training; measures of
  991  postsecondary readiness of the students affected by the program;
  992  levels of participation in 10th grade PSAT/NMSQT or the PreACT
  993  preliminary ACT testing; and measures of student, parent, and
  994  teacher awareness of and satisfaction with the services of the
  995  partnership.
  996         (b) The department shall contribute to the evaluation
  997  process by providing access, consistent with s. 119.071(5)(a),
  998  to student and teacher information necessary to match against
  999  databases containing teacher professional development data and
 1000  databases containing assessment data for the PSAT/NMSQT, SAT,
 1001  ACT, PreACT, AP, and other appropriate measures. The department
 1002  shall also provide student-level data on student progress from
 1003  middle school through high school and into college and the
 1004  workforce, if available, in order to support longitudinal
 1005  studies. The partnership shall analyze and report student
 1006  performance data in a manner that protects the rights of
 1007  students and parents as required in 20 U.S.C. s. 1232g and s.
 1008  1002.22.
 1009         Section 14. For the 2018-2019 fiscal year, the sum of $9.7
 1010  million in recurring funds from the General Revenue Fund is
 1011  appropriated to the Department of Education to fund reading
 1012  scholarship accounts pursuant to s. 1002.411, Florida Statutes,
 1013  and $300,000 in recurring funds from the General Revenue Fund
 1014  shall be provided as an administrative fee pursuant to s.
 1015  1002.411(7)(g), Florida Statutes.
 1016         Section 15. This act shall take effect July 1, 2018.