Florida Senate - 2019 (PROPOSED BILL) SPB 7070
FOR CONSIDERATION By the Committee on Education
581-02515C-19 20197070pb
1 A bill to be entitled
2 An act relating to K-12 education; amending s.
3 1002.333, F.S.; deleting the authorization for a
4 traditional public school to receive funds from the
5 Schools of Hope Program; deleting a requirement for
6 the State Board of Education to provide awards and
7 annually report certain information; creating s.
8 1002.394, F.S.; establishing the Family Empowerment
9 Scholarship Program; providing the purpose of the
10 program; providing scholarship eligibility
11 requirements; providing for the term of such
12 scholarships; prohibiting certain students from
13 scholarship eligibility; requiring school districts to
14 inform specified households within their respective
15 districts of their eligibility to receive a Family
16 Empowerment Scholarship; requiring the Department of
17 Education to provide the form to be used by school
18 districts for that purpose; requiring school districts
19 to notify certain students of specified information
20 relating to statewide assessments; requiring school
21 districts, upon the request of the department, to
22 provide statewide assessments and related materials to
23 certain private schools; providing requirements for
24 the administration of statewide assessments at certain
25 private schools; requiring school districts to publish
26 information relating to the scholarship program on
27 their respective websites; providing requirements for
28 the published information; requiring the department to
29 publish and update information relating to the program
30 on the department website; requiring the department to
31 cross-check specified information; providing
32 requirements for private school participation in the
33 program; providing requirements for participating
34 students and their parents; providing the maximum
35 number of students who may participate in the
36 scholarship program, beginning with a specified school
37 year; providing for subsequent increases in the
38 authorized number of participating students; providing
39 for the calculation of school district funding
40 entitlement under the program; requiring school
41 districts to report all students who attend a private
42 school under the program; providing that such students
43 must be reported separately for certain purposes;
44 requiring the department to transfer funds from the
45 General Revenue Fund to an account for the program;
46 requiring that program funds for students entering a
47 Department of Juvenile Justice commitment program be
48 transferred from the school district in which the
49 student last attended school before commitment;
50 providing that the department must receive specified
51 information relating to such students; requiring the
52 Chief Financial Officer to make scholarship payments
53 to the department; providing requirements for such
54 payments; requiring the department to request from the
55 Department of Financial Services a sample of certain
56 endorsed warrants for a specified purpose; providing
57 immunity of the state from liability; providing a
58 scope of authority with regard to the regulation of
59 private schools; authorizing the state board to adopt
60 rules; providing an implementation schedule for a
61 specified school year; providing additional
62 eligibility requirements; requiring the Department of
63 Education to expedite the publication of specified
64 information on the department’s website; providing a
65 deadline for a specified payment by the Chief
66 Financial Officer; providing for the expiration of
67 provisions related to a specified school year;
68 amending s. 1002.40, F.S.; authorizing certain funds
69 relating to the Hope Scholarship Program to be used to
70 fund the Florida Tax Credit Scholarship Program, under
71 specified conditions; expanding the language required
72 to be included on the contribution election form
73 relating to the Hope Scholarship Program, as of a
74 specified date; creating part VII of ch. 1003, F.S.,
75 entitled “Public School Innovation”; creating s.
76 1003.64, F.S.; providing legislative intent; creating
77 the Community School Grant Program within the
78 department; providing the purpose of the program;
79 defining terms; requiring community schools to
80 designate a community school program director;
81 providing duties of community school program
82 directors; establishing the Center for Community
83 Schools within the University of Central Florida;
84 requiring that the center be headed by a director;
85 providing the duties of the center director; requiring
86 community school program directors to annually submit
87 a report to the center by a specified date; providing
88 requirements for the report; requiring the center
89 director to annually submit, by a specified date, a
90 summary of such report and recommendations to the
91 Commissioner of Education; requiring the commissioner
92 to review the summary and recommendations; requiring
93 the commissioner to annually submit, by a specified
94 date, a report based on such summary and
95 recommendations to the Governor and the Legislature;
96 amending s. 1008.33, F.S.; authorizing a district
97 managed turnaround plan to include a proposal
98 regarding the length and number of planned school
99 days; making a technical change; amending s. 1011.62,
100 F.S.; creating the Florida Best and Brightest Teacher
101 and Principal Allocation; providing the purpose of the
102 allocation; requiring that, subject to the
103 appropriation of funds, each school district receive
104 an allocation based on its proportional share of
105 Florida Education Finance Program base funding;
106 authorizing the Legislature to specify a minimum
107 allocation; requiring school districts to provide
108 specified awards to eligible teachers and principals
109 from allocated funds; requiring school districts to
110 prorate awards under certain circumstances; creating
111 the turnaround school supplemental services
112 allocation; providing a purpose; providing for
113 services that may be funded by the allocation;
114 requiring a school district to submit a plan to its
115 school board before distribution of the allocation;
116 specifying requirements for such plans; requiring each
117 school district to annually submit approved plans to
118 the commissioner by a specified date; specifying the
119 basis for each school district’s funding allocation;
120 providing for a school’s continued eligibility for
121 funding; amending s. 1011.71, F.S.; conforming
122 provisions to changes made by the act; amending s.
123 1012.56, F.S.; deleting obsolete language; requiring
124 school districts to provide test support information
125 to individuals who do not meet passing scores on any
126 subtest of the general knowledge examination; deleting
127 the requirement that an individual who holds a
128 temporary certificate demonstrate mastery of general
129 knowledge within a specified timeframe; removing the
130 prohibition on employment for an individual who has
131 not met specified requirements; amending s. 1012.59,
132 F.S.; revising requirements for rulemaking by the
133 state board relating to certification fees; deleting a
134 requirement that an examination fee be sufficient to
135 cover the actual cost of developing and administering
136 the examination; amending s. 1012.731, F.S.; renaming
137 the Florida Best and Brightest Teacher Scholarship
138 Program as the Florida Best and Brightest Teacher
139 Program; revising legislative intent relating to the
140 program; deleting authority for the Department of
141 Education to administer the program; specifying the
142 funding source for the program; providing for
143 recruitment, retention, and bonus awards; providing
144 eligibility requirements; deleting a requirement for
145 school districts to submit certain information to the
146 department; deleting a requirement for the department
147 to disburse scholarship funds to certain school
148 districts; deleting a requirement for school districts
149 to award specified scholarships; deleting a
150 definition; amending s. 1012.732, F.S.; renaming the
151 Florida Best and Brightest Principal Scholarship
152 Program as the Florida Best and Brightest Principal
153 Program; revising legislative intent relating to
154 program; deleting authority for the department to
155 administer the program; specifying the funding source
156 for the program; providing eligibility requirements;
157 deleting a requirement for the department to identify
158 eligible school principals and disburse funds;
159 deleting a requirement for school districts to award
160 scholarships to specified school principals; deleting
161 a requirement for school districts to provide certain
162 principals with additional authority and
163 responsibilities; deleting a definition; amending s.
164 1013.31, F.S.; authorizing a school district, in the
165 absence of a survey recommendation, to use funds from
166 a taxpayer-approved bond referendum to fund
167 construction of educational, auxiliary, or ancillary
168 facilities and to use funds from a specified district
169 school tax for certain capital outlay purposes;
170 authorizing the commissioner to direct specified
171 capital outlay funds to be withheld from school
172 districts until a specified time; amending s. 1013.64,
173 F.S.; prohibiting a district school board from using
174 funds from state sources for certain new construction
175 of educational plant space; providing exceptions;
176 requiring the department, in conjunction with the
177 Office of Economic and Demographic Research, to review
178 and revise the limits on the cost per student station,
179 based on certain factors; requiring the department to
180 use the adjusted cost per student station for a each
181 instructional level; requiring the department to
182 collaborate with the office to select a certain index
183 by a specified date; deleting a requirement for the
184 department to make final determinations on district
185 compliance; removing a prohibition on the use of funds
186 for certain new construction; revising the costs that
187 may not be included in calculating the cost per
188 student station; providing an effective date.
189
190 Be It Enacted by the Legislature of the State of Florida:
191
192 Section 1. Subsection (10) of section 1002.333, Florida
193 Statutes, is amended to read:
194 1002.333 Persistently low-performing schools.—
195 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
196 is created within the Department of Education.
197 (a) A school of hope is eligible to receive funds from the
198 Schools of Hope Program for the following expenditures:
199 1. Preparing teachers, school leaders, and specialized
200 instructional support personnel, including costs associated
201 with:
202 a. Providing professional development.
203 b. Hiring and compensating teachers, school leaders, and
204 specialized instructional support personnel for services beyond
205 the school day and year.
206 2. Acquiring supplies, training, equipment, and educational
207 materials, including developing and acquiring instructional
208 materials.
209 3. Providing one-time startup costs associated with
210 providing transportation to students to and from the charter
211 school.
212 4. Carrying out community engagement activities, which may
213 include paying the cost of student and staff recruitment.
214 5. Providing funds to cover the nonvoted ad valorem millage
215 that would otherwise be required for schools and the required
216 local effort funds calculated pursuant to s. 1011.62 when the
217 state board enters into an agreement with a hope operator
218 pursuant to subsection (5).
219 (b) A traditional public school that is required to submit
220 a plan for implementation pursuant to s. 1008.33(4) is eligible
221 to receive up to $2,000 per full-time equivalent student from
222 the Schools of Hope Program based upon the strength of the
223 school’s plan for implementation and its focus on evidence-based
224 interventions that lead to student success by providing wrap
225 around services that leverage community assets, improve school
226 and community collaboration, and develop family and community
227 partnerships. Wrap-around services include, but are not limited
228 to, tutorial and after-school programs, student counseling,
229 nutrition education, parental counseling, and adult education.
230 Plans for implementation may also include models that develop a
231 culture of attending college, high academic expectations,
232 character development, dress codes, and an extended school day
233 and school year. At a minimum, a plan for implementation must:
234 1. Establish wrap-around services that develop family and
235 community partnerships.
236 2. Establish clearly defined and measurable high academic
237 and character standards.
238 3. Increase parental involvement and engagement in the
239 child’s education.
240 4. Describe how the school district will identify, recruit,
241 retain, and reward instructional personnel. The state board may
242 waive the requirements of s. 1012.22(1)(c)5., and suspend the
243 requirements of s. 1012.34, to facilitate implementation of the
244 plan.
245 5. Identify a knowledge-rich curriculum that the school
246 will use that focuses on developing a student’s background
247 knowledge.
248 6. Provide professional development that focuses on
249 academic rigor, direct instruction, and creating high academic
250 and character standards.
251 (c) The state board shall:
252 1. Provide awards for up to 25 schools and prioritize
253 awards for plans submitted pursuant to paragraph (b) that are
254 based on whole school transformation and that are developed in
255 consultation with the school’s principal.
256 2. Annually report on the implementation of this subsection
257 in the report required by s. 1008.345(5), and provide summarized
258 academic performance reports of each traditional public school
259 receiving funds.
260 (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
261 funds allocated for the purpose of this subsection which are not
262 disbursed by June 30 of the fiscal year in which the funds are
263 allocated may be carried forward for up to 5 years after the
264 effective date of the original appropriation.
265 Section 2. Section 1002.394, Florida Statutes, is created
266 to read:
267 1002.394 The Family Empowerment Scholarship Program.—
268 (1) PURPOSE.—The Family Empowerment Scholarship Program is
269 established to provide children of families in this state that
270 have limited financial resources with educational options to
271 achieve success in their education.
272 (2) SCHOLARSHIP ELIGIBILITY.—A student is eligible for a
273 Family Empowerment Scholarship under this section if the student
274 meets the following criteria:
275 (a)1. The student is on the direct certification list
276 pursuant to s. 1002.395(2)(c) or the student’s household income
277 level does not exceed 260 percent of the federal poverty level;
278 or
279 2. The student is currently placed, or during the previous
280 state fiscal year was placed, in foster care or in out-of-home
281 care as defined in s. 39.01.
282
283 A student who initially receives a scholarship based on
284 eligibility under subparagraph 2. remains eligible to
285 participate until the student graduates from high school or
286 attains the age of 21 years, whichever occurs first, regardless
287 of the student’s household income level. A sibling of a student
288 who is participating in the scholarship program under this
289 subsection is eligible for a scholarship if the student resides
290 in the same household as the sibling.
291 (b) The student is eligible to enroll in kindergarten or
292 has spent the prior school year in attendance at a Florida
293 public school. For purposes of this paragraph, prior school year
294 in attendance means that the student was enrolled and reported
295 by a school district for funding during the preceding October
296 and February Florida Education Finance Program surveys in
297 kindergarten through grade 12, which includes time spent in a
298 Department of Juvenile Justice commitment program if funded
299 under the Florida Education Finance Program.
300
301 However, a dependent child of a member of the United States
302 Armed Forces who transfers to a school in this state from out of
303 state or from a foreign country due to a parent’s permanent
304 change of station orders or a foster child is exempt from the
305 prior public school attendance requirement under this paragraph,
306 but must meet the other eligibility requirements specified under
307 this section to participate in the program.
308 (c) The parent has obtained acceptance for admission of the
309 student to a private school that is eligible for the program
310 under subsection (7) and the parent has requested a scholarship
311 from the Department of Education at least 60 days before the
312 date of the first scholarship payment. The request must be
313 communicated directly to the department in a manner that creates
314 a written or electronic record of the request and the date of
315 receipt of the request. The department must notify the school
316 district of the parent’s intent upon receipt of the parent’s
317 request.
318 (3) TERM OF SCHOLARSHIP.—
319 (a) For purposes of continuity of educational choice, a
320 Family Empowerment Scholarship shall remain in force until the
321 student returns to a public school, graduates from high school,
322 or reaches the age of 21, whichever occurs first. A scholarship
323 student who enrolls in a public school or public school program
324 is considered to have returned to a public school for the
325 purpose of determining the end of the scholarship’s term.
326 However, if a student enters a Department of Juvenile Justice
327 detention center for a period of no more than 21 days, the
328 student is not considered to have returned to a public school
329 for that purpose.
330 (b) Upon reasonable notice to the department and the school
331 district, the student’s parent may remove the student from the
332 private school and place the student in a public school in
333 accordance with this section.
334 (c) Upon reasonable notice to the department, the student’s
335 parent may move the student from one participating private
336 school to another participating private school.
337 (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
338 a Family Empowerment Scholarship while he or she is:
339 (a) Enrolled in a public school, including, but not limited
340 to, the Florida School for the Deaf and the Blind; the College
341 Preparatory Boarding Academy; a developmental research school
342 authorized under s. 1002.32; or a charter school authorized
343 under chapter 1002;
344 (b) Enrolled in a school operating for the purpose of
345 providing educational services to youth in a Department of
346 Juvenile Justice commitment program;
347 (c) Receiving any other educational scholarship pursuant to
348 this chapter;
349 (d) Participating in a home education program as defined in
350 s. 1002.01(1);
351 (e) Participating in a private tutoring program pursuant to
352 s. 1002.43; or
353 (f) Participating in a virtual school, correspondence
354 school, or distance learning program that receives state funding
355 pursuant to the student’s participation.
356 (5) SCHOOL DISTRICT OBLIGATIONS.—
357 (a) By July 15, 2019, and by April 1 of each year
358 thereafter, a school district shall inform all households within
359 the district receiving free or reduced-priced meals under the
360 National School Lunch Act of their eligibility to apply to the
361 department for a Family Empowerment Scholarship. The form of
362 such notice shall be provided by the department, and the school
363 district shall include the provided form in any normal
364 correspondence with eligible households. Such notice is limited
365 to once a year.
366 (b) The school district in which a participating student
367 resides must notify the student and his or her parent about the
368 locations and times to take all statewide assessments under s.
369 1008.22 if the student chooses to participate in such
370 assessments. Upon the request of the department, a school
371 district shall coordinate with the department to provide to a
372 participating private school the statewide assessments
373 administered under s. 1008.22 and any related materials for
374 administering the assessments. For a student who participates in
375 the Family Empowerment Scholarship Program whose parent requests
376 that the student take the statewide assessments under s.
377 1008.22, the district in which the student attends a private
378 school shall provide locations and times to take all statewide
379 assessments. A school district is responsible for implementing
380 test administrations at a participating private school,
381 including the:
382 1. Provision of training for private school staff on test
383 security and assessment administration procedures;
384 2. Distribution of testing materials to a private school;
385 3. Retrieval of testing materials from a private school;
386 4. Provision of the required format for a private school to
387 submit information to the district for test administration and
388 enrollment purposes; and
389 5. Provision of any required assistance, monitoring, or
390 investigation at a private school.
391 (c) Each school district must publish information about the
392 Family Empowerment Scholarship Program on the district’s website
393 homepage. At a minimum, the published information must include a
394 website link to the Family Empowerment Scholarship Program
395 published on the Department of Education website as well as a
396 telephone number and e-mail that students and parents may use to
397 contact relevant personnel in the school district to obtain
398 information about the scholarship.
399 (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
400 shall:
401 (a) Publish and update, as necessary, information on the
402 department website about the Family Empowerment Scholarship
403 Program, including, but not limited to, student eligibility
404 criteria, parental responsibilities, and relevant data.
405 (b) Cross-check the list of participating scholarship
406 students with the public school enrollment lists before each
407 scholarship payment to avoid duplication.
408 (7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
409 eligible to participate in the Family Empowerment Scholarship
410 Program, a private school may be sectarian or nonsectarian and
411 must:
412 (a) Comply with all requirements for private schools
413 participating in state school choice scholarship programs
414 pursuant to s. 1002.421.
415 (b) Provide to the department all documentation required
416 for a student’s participation, including the private school’s
417 and student’s fee schedules, at least 30 days before any
418 quarterly scholarship payment is made for the student pursuant
419 to paragraph (9)(f). A student is not eligible to receive a
420 quarterly scholarship payment if the private school fails to
421 meet this deadline.
422 (c)1. Annually administer or make provision for students
423 participating in the program in grades 3 through 10 to take one
424 of the nationally norm-referenced tests identified by the
425 department or to take the statewide assessments pursuant to s.
426 1008.22. Students with disabilities for whom standardized
427 testing is not appropriate are exempt from this requirement. A
428 participating private school shall report a student’s scores to
429 his or her parent.
430 2. Administer the statewide assessments pursuant to s.
431 1008.22 if the private school chooses to offer the statewide
432 assessments. A participating private school may choose to offer
433 and administer the statewide assessments to all students who
434 attend the private school in grades 3 through 10 and must submit
435 a request in writing to the department by March 1 of each year
436 in order to administer the statewide assessments in the
437 subsequent school year.
438
439 If a private school fails to meet the requirements of this
440 subsection or s. 1002.421, the commissioner may determine that
441 the private school is ineligible to participate in the
442 scholarship program.
443 (8) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
444 PARTICIPATION.—A parent who applies for a Family Empowerment
445 Scholarship is exercising his or her parental option to place
446 his or her child in a private school.
447 (a) The parent must select the private school and apply for
448 the admission of his or her student.
449 (b) The parent must request the scholarship at least 60
450 days before the date of the first scholarship payment.
451 (c) The parent must inform the applicable school district
452 when the parent withdraws his or her student from a public
453 school to attend an eligible private school.
454 (d) Any student participating in the program must remain in
455 attendance throughout the school year unless excused by the
456 school for illness or other good cause.
457 (e) Each parent and each student has an obligation to the
458 private school to comply with the private school’s published
459 policies.
460 (f) The parent shall ensure that the student participating
461 in the scholarship program takes the norm-referenced assessment
462 offered by the private school. The parent may also choose to
463 have the student participate in the statewide assessments
464 pursuant to paragraph (5)(b).
465 (g) If the parent requests that the student participating
466 in the program take all statewide assessments required pursuant
467 to s. 1008.22, the parent is responsible for transporting the
468 student to the assessment site designated by the school
469 district.
470 (h) Upon receipt of a scholarship warrant, the parent to
471 whom the warrant is issued must restrictively endorse the
472 warrant to the private school for deposit into the private
473 school’s account. The parent may not designate any entity or
474 individual associated with the participating private school as
475 the parent’s attorney in fact to endorse a scholarship warrant.
476 A participant who fails to comply with this paragraph forfeits
477 the scholarship.
478 (9) SCHOLARSHIP FUNDING AND PAYMENT.—
479 (a) The scholarship is established for up to 15,000
480 students annually on a first-come, first-served basis beginning
481 with the 2019-2020 school year. Beginning in the 2020-2021
482 school year, the number of students participating in the
483 scholarship program under this section may increase in
484 accordance with the percentage increase in the state’s public
485 school student enrollment.
486 (b) The scholarship amount provided to a student for any
487 single school year shall be for tuition and fees for an eligible
488 private school, not to exceed annual limits, which shall be
489 determined in accordance with this paragraph. The calculated
490 amount for a student to attend an eligible private school shall
491 be 95 percent of the unweighted FTE funding amount at the
492 district level for that state fiscal year and shall be adjusted
493 with each FEFP calculation through the calculation based on the
494 October survey.
495 (c) The amount of the Family Empowerment Scholarship shall
496 be the calculated amount or the amount of the private school’s
497 tuition and fees, whichever is less. The amount of any
498 assessment fee required by the participating private school may
499 be paid from the total amount of the scholarship.
500 (d) The school district shall report all students who are
501 attending a private school under this program. The students
502 attending private schools on Family Empowerment Scholarships
503 shall be reported separately from other students reported for
504 purposes of the Florida Education Finance Program.
505 (e) Following notification on July 1, September 1, December
506 1, or February 1 of the number of program participants, the
507 department shall transfer, from general revenue funds only, the
508 amount calculated under paragraph (c) from the school district’s
509 total funding entitlement under the Florida Education Finance
510 Program to a separate account for the scholarship program for
511 quarterly disbursement to parents of participating students. For
512 a student exiting a Department of Juvenile Justice commitment
513 program who chooses to participate in the scholarship program,
514 the amount of the Family Empowerment Scholarship calculated
515 pursuant to paragraph (c) must be transferred from the school
516 district in which the student last attended a public school
517 before commitment to the Department of Juvenile Justice. When a
518 student enters the scholarship program, the department must
519 receive all documentation required for the student’s
520 participation, including the private school’s and the student’s
521 fee schedules, at least 30 days before the first quarterly
522 scholarship payment is made for the student.
523 (f) Upon notification by the department that it has
524 received the documentation required under paragraph (e), the
525 Chief Financial Officer shall make scholarship payments in four
526 equal amounts no later than September 1, November 1, February 1,
527 and April 1 of each school year in which the scholarship is in
528 force. The initial payment shall be made after department
529 verification of admission acceptance, and subsequent payments
530 shall be made upon verification of continued enrollment and
531 attendance at the private school. Payment must be by individual
532 warrant made payable to the student’s parent and mailed by the
533 department to the private school of the parent’s choice, and the
534 parent shall restrictively endorse the warrant to the private
535 school for deposit into the account of the private school.
536 (g) Subsequent to each scholarship payment, the department
537 shall request from the Department of Financial Services a sample
538 of endorsed warrants to review and confirm compliance with
539 endorsement requirements.
540 (10) LIABILITY.—No liability shall arise on the part of the
541 state based on the award or use of a Family Empowerment
542 Scholarship.
543 (11) SCOPE OF AUTHORITY.—The inclusion of eligible private
544 schools within the options available to Florida public school
545 students does not expand the regulatory authority of the state,
546 its officers, or any school district to impose any additional
547 regulation of private schools beyond those reasonably necessary
548 to enforce requirements expressly set forth in this section.
549 (12) RULES.—The State Board of Education shall adopt rules
550 pursuant to ss. 120.536(1) and 120.54 to administer this
551 section.
552 (13) IMPLEMENTATION SCHEDULE FOR THE 2019-2020 SCHOOL
553 YEAR.—Notwithstanding the provisions of this section related to
554 notification requirements and eligibility timelines, for the
555 2019-2020 school year:
556 (a) A student is eligible for a Family Empowerment
557 Scholarship under this section if the student’s parent has
558 obtained acceptance of the student’s admission to a private
559 school that is eligible for the program under subsection (7) and
560 the parent has requested a scholarship from the Department of
561 Education no later than August 15, 2019. The request must be
562 communicated directly to the department in a manner that creates
563 a written or electronic record of the request and the date of
564 receipt of the request.
565 (b) The department shall expedite the publication of
566 information relevant to the Family Empowerment Scholarship
567 Program on the department’s website, including, but not limited
568 to, the eligibility criteria for students to qualify for the
569 scholarship under this section and how parents may request the
570 scholarship. The department must immediately notify the school
571 district of the parent’s intent upon receipt of the parent’s
572 request.
573 (c) Upon notification by the department that it has
574 received the documentation required under paragraph (9)(e), the
575 Chief Financial Officer shall make the first quarter payment of
576 scholarships no later than October 1, 2019.
577
578 This subsection shall expire June 30, 2020.
579 Section 3. Paragraph (i) is added to subsection (11) of
580 section 1002.40, Florida Statutes, and paragraph (a) of
581 subsection (13) of that section is amended, to read:
582 1002.40 The Hope Scholarship Program.—
583 (11) FUNDING AND PAYMENT.—
584 (i)1. Beginning in the 2019-2020 fiscal year, up to 50
585 percent of available prior fiscal year contributions received by
586 a scholarship-funding organization under s. 212.1832 which have
587 not been allocated for a scholarship under this section may be
588 used to fund the program established under s. 1002.395.
589 2. The available prior year contributions may be used to
590 fund scholarships for students eligible pursuant to s.
591 1002.395(3)(b)1. or 2. if the eligible contributions received
592 for that program in a state fiscal year are insufficient to fund
593 the students eligible for that program.
594 3. The eligible nonprofit scholarship-funding organization
595 shall separately account for each eligible student who receives
596 the scholarship under s. 1002.395, which is funded pursuant to
597 this paragraph and s. 1002.395.
598 (13) SCHOLARSHIP FUNDING TAX CREDITS.—
599 (a) A tax credit is available under s. 212.1832(1) for use
600 by a person that makes an eligible contribution. Each eligible
601 contribution is limited to a single payment of $105 per motor
602 vehicle purchased at the time of purchase of a motor vehicle or
603 a single payment of $105 per motor vehicle purchased at the time
604 of registration of a motor vehicle that was not purchased from a
605 dealer, except that a contribution may not exceed the state tax
606 imposed under chapter 212 that would otherwise be collected from
607 the purchaser by a dealer, designated agent, or private tag
608 agent. Payments of contributions shall be made to a dealer at
609 the time of purchase of a motor vehicle or to a designated agent
610 or private tag agent at the time of registration of a motor
611 vehicle that was not purchased from a dealer. An eligible
612 contribution shall be accompanied by a contribution election
613 form provided by the Department of Revenue. The form shall
614 include, at a minimum, the following brief description of the
615 Hope Scholarship Program: “THE HOPE SCHOLARSHIP PROGRAM PROVIDES
616 A PUBLIC SCHOOL STUDENT WHO WAS SUBJECTED TO AN INCIDENT OF
617 VIOLENCE OR BULLYING AT SCHOOL THE OPPORTUNITY TO APPLY FOR A
618 SCHOLARSHIP TO ATTEND AN ELIGIBLE PRIVATE SCHOOL RATHER THAN
619 REMAIN IN AN UNSAFE SCHOOL ENVIRONMENT.” No later than July 1,
620 2019, the form shall also include the following statement: “IN
621 THE EVENT THAT THE HOPE SCHOLARSHIP PROGRAM HAS SURPLUS
622 CONTRIBUTIONS AFTER FUNDING SCHOLARSHIPS FOR ALL ELIGIBLE
623 STUDENTS, THE SURPLUS CONTRIBUTIONS MAY BE USED FOR FLORIDA TAX
624 CREDIT SCHOLARSHIPS.” The form shall also include, at a minimum,
625 a section allowing the consumer to designate, from all
626 participating scholarship funding organizations, which
627 organization will receive his or her donation. For purposes of
628 this subsection, the term “purchase” does not include the lease
629 or rental of a motor vehicle.
630 Section 4. Part VII of chapter 1003, Florida Statutes,
631 consisting of s. 1003.64, Florida Statutes, is created and
632 entitled “Public School Innovation.”
633 1003.64 Community School Grant Program.—It is the intent of
634 the Legislature to improve student success and well-being by
635 engaging and supporting parents and community organizations in
636 their efforts to positively impact student learning and
637 development.
638 (1) PURPOSE.—The Community School Grant Program is
639 established within the Department of Education to fund and
640 support the planning and implementation of community school
641 programs, subject to legislative appropriation.
642 (2) DEFINITIONS.—As used in this section, the term:
643 (a) “Center for Community Schools” means the center
644 established within the University of Central Florida.
645 (b) “Community organization” means a nonprofit organization
646 that has been in existence for at least 3 years and serves
647 individuals within the county in which a community school is
648 located.
649 (3) COMMUNITY SCHOOL.—
650 (a) A community school is a public school that receives a
651 grant under this section and partners with a community
652 organization, a university or college, and a health care
653 provider to implement programs beyond the standard hours of
654 instruction which may include, but are not limited to, student
655 enrichment activities such as job training, internship
656 opportunities, and career counseling services; wellness
657 services; and family engagement programs.
658 (b) Each community school must designate a person of its
659 choosing as the community school program director. A community
660 school program director shall coordinate with the partners
661 specified under paragraph (a) to:
662 1. Facilitate the implementation of a community school
663 program.
664 2. Comply with the reporting requirements under paragraph
665 (5)(a).
666 (4) CENTER FOR COMMUNITY SCHOOLS.—The Center for Community
667 Schools is established within the University of Central Florida.
668 A center director shall head the Center for Community Schools.
669 At a minimum, the center director shall:
670 (a) Disseminate information about community schools to
671 community organizations; district school boards; state
672 universities and Florida College System institutions; and
673 independent, not-for-profit colleges and universities located
674 and chartered in this state which are accredited by the
675 Commission on Colleges of the Southern Association of Colleges
676 and Schools and are eligible to participate in the William L.
677 Boyd, IV, Effective Access to Student Education Grant Program.
678 (b) Coordinate, facilitate, and oversee the implementation
679 of community schools that receive a grant under this section,
680 and submit an annual report to the commissioner pursuant to
681 paragraph (5)(b).
682 (c) Publish on the center’s website the application form
683 for:
684 1. Implementing a community school program.
685 2. Certification by the center as a community school.
686 (d) Publish on the center’s website the process and
687 criteria for:
688 1. Approving the application for implementing a community
689 school program under subparagraph (c)1.
690 2. Awarding the certification under subparagraph (c)2.
691 (e) Establish a process to administer grant funds awarded
692 under this section.
693 (f) Promote best practices and provide technical assistance
694 about community schools to community school program directors.
695 (5) REPORTS.—
696 (a) By July 1 of each year, each community school program
697 director shall submit to the center a report that includes, at a
698 minimum, the following information:
699 1. An assessment of the effectiveness of the community
700 school program in improving student success outcomes;
701 2. Any issues encountered in the design and execution of
702 the community school program;
703 3. Recommendations for improving the delivery of services
704 to students, families, and community members under the program;
705 4. The number of students, families, and community members
706 served under the program; and
707 5. Any other information requested by the center director.
708 (b) The center director shall review the reports submitted
709 under paragraph (a) and, by August 15 of each year, shall
710 provide to the commissioner:
711 1. A summary of the information reported by each community
712 school that receives a grant under this section; and
713 2. Recommendations for policy and funding investments to
714 improve the implementation and oversight of community school
715 programs and to remove any barriers to the expansion of
716 community schools.
717 (c) The commissioner shall review the summary and
718 recommendations submitted by the center director under paragraph
719 (b) and, by September 30 of each year, shall submit a report to
720 the Governor, the President of the Senate, and the Speaker of
721 the House of Representatives. The annual report submitted by the
722 commissioner must, at a minimum, include information on the
723 status of community schools and his or her recommendations for
724 policy and funding investments to improve and expand community
725 schools.
726 Section 5. Subsection (4) of section 1008.33, Florida
727 Statutes, is amended to read:
728 1008.33 Authority to enforce public school improvement.—
729 (4)(a) The state board shall apply intensive intervention
730 and support strategies tailored to the needs of schools earning
731 two consecutive grades of “D” or a grade of “F.” In the first
732 full school year after a school initially earns two consecutive
733 grades of “D” or a grade of “F,” the school district must
734 immediately implement intervention and support strategies
735 prescribed in rule under paragraph (3)(c) and, by September 1,
736 provide the department with the memorandum of understanding
737 negotiated pursuant to s. 1001.42(21) and, by October 1, a
738 district-managed turnaround plan for approval by the state
739 board. The district-managed turnaround plan may include a
740 proposal for the district to implement an extended school day, a
741 summer program, or a combination of an extended school day and a
742 summer program. Upon approval by the state board, the school
743 district must implement the plan for the remainder of the school
744 year and continue the plan for 1 full school year. The state
745 board may allow a school an additional year of implementation
746 before the school must implement a turnaround option required
747 under paragraph (b) if it determines that the school is likely
748 to improve to a grade of “C” or higher after the first full
749 school year of implementation.
750 (b) Unless an additional year of implementation is provided
751 pursuant to paragraph (a), a school that earns three consecutive
752 grades below a “C” must implement one of the following:
753 1. Reassign students to another school and monitor the
754 progress of each reassigned student;
755 2. Close the school and reopen the school as one or more
756 charter schools, each with a governing board that has a
757 demonstrated record of effectiveness; or
758 3. Contract with an outside entity that has a demonstrated
759 record of effectiveness to operate the school. An outside entity
760 may include a district-managed charter school in which all
761 instructional personnel are not employees of the school
762 district, but are employees of an independent governing board
763 composed of members who did not participate in the review or
764 approval of the charter.
765 (c) Implementation of the turnaround option is no longer
766 required if the school improves to a grade of “C” or higher.
767 (d) If a school earning two consecutive grades of “D” or a
768 grade of “F” does not improve to a grade of “C” or higher after
769 2 full school years of implementing the turnaround option
770 selected by the school district under paragraph (b), the school
771 district must implement another turnaround option.
772 Implementation of the turnaround option must begin the school
773 year following the implementation period of the existing
774 turnaround option, unless the state board determines that the
775 school is likely to improve to a grade of “C” or higher if
776 additional time is provided to implement the existing turnaround
777 option.
778 Section 6. Present subsections (18) and (19) of section
779 1011.62, Florida Statutes, are redesignated as subsections (19)
780 and (20), respectively, a new subsection (18) and subsection
781 (21) are added to that section, and paragraph (a) of subsection
782 (4) and subsection (14) of that section are amended, to read:
783 1011.62 Funds for operation of schools.—If the annual
784 allocation from the Florida Education Finance Program to each
785 district for operation of schools is not determined in the
786 annual appropriations act or the substantive bill implementing
787 the annual appropriations act, it shall be determined as
788 follows:
789 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
790 Legislature shall prescribe the aggregate required local effort
791 for all school districts collectively as an item in the General
792 Appropriations Act for each fiscal year. The amount that each
793 district shall provide annually toward the cost of the Florida
794 Education Finance Program for kindergarten through grade 12
795 programs shall be calculated as follows:
796 (a) Estimated taxable value calculations.—
797 1.a. Not later than 2 working days before July 19, the
798 Department of Revenue shall certify to the Commissioner of
799 Education its most recent estimate of the taxable value for
800 school purposes in each school district and the total for all
801 school districts in the state for the current calendar year
802 based on the latest available data obtained from the local
803 property appraisers. The value certified shall be the taxable
804 value for school purposes for that year, and no further
805 adjustments shall be made, except those made pursuant to
806 paragraphs (c) and (d), or an assessment roll change required by
807 final judicial decisions as specified in paragraph (19)(b)
808 (18)(b). Not later than July 19, the Commissioner of Education
809 shall compute a millage rate, rounded to the next highest one
810 one-thousandth of a mill, which, when applied to 96 percent of
811 the estimated state total taxable value for school purposes,
812 would generate the prescribed aggregate required local effort
813 for that year for all districts. The Commissioner of Education
814 shall certify to each district school board the millage rate,
815 computed as prescribed in this subparagraph, as the minimum
816 millage rate necessary to provide the district required local
817 effort for that year.
818 b. The General Appropriations Act shall direct the
819 computation of the statewide adjusted aggregate amount for
820 required local effort for all school districts collectively from
821 ad valorem taxes to ensure that no school district’s revenue
822 from required local effort millage will produce more than 90
823 percent of the district’s total Florida Education Finance
824 Program calculation as calculated and adopted by the
825 Legislature, and the adjustment of the required local effort
826 millage rate of each district that produces more than 90 percent
827 of its total Florida Education Finance Program entitlement to a
828 level that will produce only 90 percent of its total Florida
829 Education Finance Program entitlement in the July calculation.
830 2. On the same date as the certification in sub
831 subparagraph 1.a., the Department of Revenue shall certify to
832 the Commissioner of Education for each district:
833 a. Each year for which the property appraiser has certified
834 the taxable value pursuant to s. 193.122(2) or (3), if
835 applicable, since the prior certification under sub-subparagraph
836 1.a.
837 b. For each year identified in sub-subparagraph a., the
838 taxable value certified by the appraiser pursuant to s.
839 193.122(2) or (3), if applicable, since the prior certification
840 under sub-subparagraph 1.a. This is the certification that
841 reflects all final administrative actions of the value
842 adjustment board.
843 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
844 annually in the General Appropriations Act determine a
845 percentage increase in funds per K-12 unweighted FTE as a
846 minimum guarantee to each school district. The guarantee shall
847 be calculated from prior year base funding per unweighted FTE
848 student which shall include the adjusted FTE dollars as provided
849 in subsection (19) (18), quality guarantee funds, and actual
850 nonvoted discretionary local effort from taxes. From the base
851 funding per unweighted FTE, the increase shall be calculated for
852 the current year. The current year funds from which the
853 guarantee shall be determined shall include the adjusted FTE
854 dollars as provided in subsection (19) (18) and potential
855 nonvoted discretionary local effort from taxes. A comparison of
856 current year funds per unweighted FTE to prior year funds per
857 unweighted FTE shall be computed. For those school districts
858 which have less than the legislatively assigned percentage
859 increase, funds shall be provided to guarantee the assigned
860 percentage increase in funds per unweighted FTE student. Should
861 appropriated funds be less than the sum of this calculated
862 amount for all districts, the commissioner shall prorate each
863 district’s allocation. This provision shall be implemented to
864 the extent specifically funded.
865 (18) THE FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
866 ALLOCATION.—
867 (a) The Florida Best and Brightest Teacher and Principal
868 Allocation is created to recruit, retain, and recognize
869 classroom teachers who meet the criteria established in s.
870 1012.731 and reward principals who meet the criteria established
871 in s. 1012.732. Subject to annual appropriation, each school
872 district shall receive an allocation based on the district’s
873 proportionate share of FEFP base funding. The Legislature may
874 specify a minimum allocation for all districts in the General
875 Appropriations Act.
876 (b) From the allocation, each district shall provide the
877 following for eligible classroom teachers:
878 1. A one-time recruitment award, as provided in s.
879 1012.731(3)(a);
880 2. A retention award, as provided in s. 1012.731(3)(b); and
881 3. A recognition award, as provided in s. 1012.731(3)(c)
882 from the remaining balance of the appropriation after the
883 payment of all other awards authorized under ss. 1012.731 and
884 1012.732.
885 (c) From the allocation, each district shall provide
886 eligible principals an award as provided in s. 1012.732(4).
887
888 If a district’s calculated awards exceed the allocation, the
889 district may prorate the awards.
890 (21) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION.
891 The turnaround school supplemental services allocation is
892 created to provide district-managed turnaround schools, as
893 identified in s. 1008.33(4)(a), schools that earn three
894 consecutive grades below a “C”, as identified in s.
895 1008.33(4)(b)3., and schools that have improved to a “C” and are
896 no longer in turnaround status, as identified in s.
897 1008.33(4)(c), with funds to offer services designed to improve
898 the overall academic and community welfare of the schools’
899 students and their families.
900 (a) Services funded by the allocation may include, but are
901 not limited to, tutorial and after-school programs, student
902 counseling, nutrition education, parental counseling, and an
903 extended school day and school year. In addition, services may
904 include models that develop a culture that encourages students
905 to complete high school and to attend college or career
906 training, set high academic expectations, and inspire character
907 development.
908 (b) Before distribution of the allocation, the school
909 district shall develop and submit a plan for implementation to
910 its school board for approval no later than August 1 of each
911 fiscal year.
912 (c) At a minimum, the plans required under paragraph (b)
913 must:
914 1. Establish comprehensive support services that develop
915 family and community partnerships;
916 2. Establish clearly defined and measurable high academic
917 and character standards;
918 3. Increase parental involvement and engagement in the
919 child’s education;
920 4. Describe how instructional personnel will be identified,
921 recruited, retained, and rewarded;
922 5. Provide professional development that focuses on
923 academic rigor, direct instruction, and creating high academic
924 and character standards;
925 6. Provide focused instruction to improve student academic
926 proficiency, which may include additional instruction time
927 beyond the normal school day or school year; and
928 7. Include a strategy for continuing to provide services
929 after the school is no longer in turnaround status by virtue of
930 achieving a grade of “C” or higher.
931 (d) Each school district shall submit its approved plans to
932 the commissioner by September 1 of each fiscal year.
933 (e) Subject to legislative appropriation, each school
934 district’s allocation must be based on the unweighted FTE
935 student enrollment at the eligible schools and a per-FTE funding
936 amount of $500 or as provided in the General Appropriations Act.
937 The supplement provided in the General Appropriations Act shall
938 be based on the most recent school grades and shall serve as a
939 proxy for the official calculation. Once school grades are
940 available for the school year immediately preceding the fiscal
941 year coinciding with the appropriation, the supplement shall be
942 recalculated for the official participating schools as part of
943 the subsequent FEFP calculation. The commissioner may prepare a
944 preliminary calculation so that districts may proceed with
945 timely planning and use of the funds. If the calculated funds
946 for the statewide allocation exceed the funds appropriated, the
947 allocation of funds to each school district must be prorated
948 based on each school district’s share of the total unweighted
949 FTE student enrollment for the eligible schools.
950 (f) Subject to legislative appropriation, each school shall
951 remain eligible for the allocation for a maximum of 4 continuous
952 fiscal years while implementing a turnaround option pursuant to
953 s. 1008.33(4). In addition, a school that improves to a grade of
954 “C” or higher shall remain eligible to receive the allocation
955 for a maximum of 2 continuous fiscal years after exiting
956 turnaround status.
957 Section 7. Subsection (1) and paragraph (a) of subsection
958 (2) of section 1011.71, Florida Statutes, are amended to read:
959 1011.71 District school tax.—
960 (1) If the district school tax is not provided in the
961 General Appropriations Act or the substantive bill implementing
962 the General Appropriations Act, each district school board
963 desiring to participate in the state allocation of funds for
964 current operation as prescribed by s. 1011.62(19) s. 1011.62(18)
965 shall levy on the taxable value for school purposes of the
966 district, exclusive of millage voted under s. 9(b) or s. 12,
967 Art. VII of the State Constitution, a millage rate not to exceed
968 the amount certified by the commissioner as the minimum millage
969 rate necessary to provide the district required local effort for
970 the current year, pursuant to s. 1011.62(4)(a)1. In addition to
971 the required local effort millage levy, each district school
972 board may levy a nonvoted current operating discretionary
973 millage. The Legislature shall prescribe annually in the
974 appropriations act the maximum amount of millage a district may
975 levy.
976 (2) In addition to the maximum millage levy as provided in
977 subsection (1), each school board may levy not more than 1.5
978 mills against the taxable value for school purposes for charter
979 schools pursuant to s. 1013.62(1) and (3) and for district
980 schools to fund:
981 (a) New construction, and remodeling projects, as set forth
982 in s. 1013.64(6)(b) and included in the district’s educational
983 plant survey pursuant to s. 1013.31, without regard to
984 prioritization, sites and site improvement or expansion to new
985 sites, existing sites, auxiliary facilities, athletic
986 facilities, or ancillary facilities.
987 Section 8. Subsections (3) and (7) of section 1012.56,
988 Florida Statutes, are amended to read:
989 1012.56 Educator certification requirements.—
990 (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
991 demonstrating mastery of general knowledge are:
992 (a) Achievement of passing scores on the general knowledge
993 examination required by state board rule;
994 (b) Documentation of a valid professional standard teaching
995 certificate issued by another state;
996 (c) Documentation of a valid certificate issued by the
997 National Board for Professional Teaching Standards or a national
998 educator credentialing board approved by the State Board of
999 Education;
1000 (d) Documentation of two semesters of successful, full-time
1001 or part-time teaching in a Florida College System institution,
1002 state university, or private college or university that awards
1003 an associate or higher degree and is an accredited institution
1004 or an institution of higher education identified by the
1005 Department of Education as having a quality program; or
1006 (e) Effective July 1, 2015, Achievement of passing scores,
1007 identified in state board rule, on national or international
1008 examinations that test comparable content and relevant standards
1009 in verbal, analytical writing, and quantitative reasoning
1010 skills, including, but not limited to, the verbal, analytical
1011 writing, and quantitative reasoning portions of the Graduate
1012 Record Examination. Passing scores identified in state board
1013 rule must be at approximately the same level of rigor as is
1014 required to pass the general knowledge examinations.
1015
1016 A school district that employs an individual who does not
1017 achieve passing scores on any subtest of the general knowledge
1018 examination must provide information regarding the availability
1019 of state-level and district-level supports and instruction to
1020 assist him or her in achieving a passing score. Such information
1021 must include, but need not be limited to, state-level test
1022 information guides, school district test preparation resources,
1023 and preparation courses offered by state universities and
1024 Florida College System institutions.
1025 (7) TYPES AND TERMS OF CERTIFICATION.—
1026 (a) The Department of Education shall issue a professional
1027 certificate for a period not to exceed 5 years to any applicant
1028 who fulfills one of the following:
1029 1. Meets all the requirements outlined in subsection (2).
1030 2. For a professional certificate covering grades 6 through
1031 12:
1032 a. Meets the requirements of paragraphs (2)(a)-(h).
1033 b. Holds a master’s or higher degree in the area of
1034 science, technology, engineering, or mathematics.
1035 c. Teaches a high school course in the subject of the
1036 advanced degree.
1037 d. Is rated highly effective as determined by the teacher’s
1038 performance evaluation under s. 1012.34, based in part on
1039 student performance as measured by a statewide, standardized
1040 assessment or an Advanced Placement, Advanced International
1041 Certificate of Education, or International Baccalaureate
1042 examination.
1043 e. Achieves a passing score on the Florida professional
1044 education competency examination required by state board rule.
1045 3. Meets the requirements of paragraphs (2)(a)-(h) and
1046 completes a professional preparation and education competence
1047 program approved by the department pursuant to paragraph (8)(c).
1048 An applicant who completes the program and is rated highly
1049 effective as determined by his or her performance evaluation
1050 under s. 1012.34 is not required to take or achieve a passing
1051 score on the professional education competency examination in
1052 order to be awarded a professional certificate.
1053 (b) The department shall issue a temporary certificate to
1054 any applicant who completes the requirements outlined in
1055 paragraphs (2)(a)-(f) and completes the subject area content
1056 requirements specified in state board rule or demonstrates
1057 mastery of subject area knowledge pursuant to subsection (5) and
1058 holds an accredited degree or a degree approved by the
1059 Department of Education at the level required for the subject
1060 area specialization in state board rule.
1061 (c) The department shall issue one nonrenewable 2-year
1062 temporary certificate and one nonrenewable 5-year professional
1063 certificate to a qualified applicant who holds a bachelor’s
1064 degree in the area of speech-language impairment to allow for
1065 completion of a master’s degree program in speech-language
1066 impairment.
1067
1068 Each temporary certificate is valid for 3 school fiscal years
1069 and is nonrenewable. However, the requirement in paragraph
1070 (2)(g) must be met within 1 calendar year of the date of
1071 employment under the temporary certificate. Individuals who are
1072 employed under contract at the end of the 1 calendar year time
1073 period may continue to be employed through the end of the school
1074 year in which they have been contracted. A school district shall
1075 not employ, or continue the employment of, an individual in a
1076 position for which a temporary certificate is required beyond
1077 this time period if the individual has not met the requirement
1078 of paragraph (2)(g). At least 1 year before an individual’s
1079 temporary certificate is set to expire, the department shall
1080 electronically notify the individual of the date on which his or
1081 her certificate will expire and provide a list of each method by
1082 which the qualifications for a professional certificate can be
1083 completed. The State Board of Education shall adopt rules to
1084 allow the department to extend the validity period of a
1085 temporary certificate for 2 years when the requirements for the
1086 professional certificate, not including the requirement in
1087 paragraph (2)(g), were not completed due to the serious illness
1088 or injury of the applicant, the military service of an
1089 applicant’s spouse, or other extraordinary extenuating
1090 circumstances. The rules must authorize the department to extend
1091 the validity period of a temporary certificate for 1 year if the
1092 certificateholder is rated effective or highly effective based
1093 solely on a student learning growth formula approved by the
1094 Commissioner of Education pursuant to s. 1012.34(8). The
1095 department shall reissue the temporary certificate for 2
1096 additional years upon approval by the Commissioner of Education.
1097 A written request for reissuance of the certificate shall be
1098 submitted by the district school superintendent, the governing
1099 authority of a university lab school, the governing authority of
1100 a state-supported school, or the governing authority of a
1101 private school.
1102 Section 9. Subsection (1) of section 1012.59, Florida
1103 Statutes, is amended to read:
1104 1012.59 Certification fees.—
1105 (1) The State Board of Education, by rule, shall establish
1106 by rule separate fees for applications, examinations,
1107 certification, certification renewal, late renewal,
1108 recordmaking, and recordkeeping, and may establish procedures
1109 for scheduling and administering an examination upon an
1110 applicant’s request. Unless otherwise specified in this
1111 subsection, each fee shall be based on department estimates of
1112 the revenue required to implement the provisions of law with
1113 respect to certification of school personnel. The application
1114 fee is shall be nonrefundable. The rule must specify an Each
1115 examination fee for the following:
1116 (a) Initial registration for first-time test takers.
1117 (b) Retake of the full battery of subtests of an
1118 examination, if applicable. The retake fee for the full battery
1119 of subtests may not exceed the fee for the initial registration.
1120 (c) Retake for each subtest of an examination. The retake
1121 fee for each subtest must be prorated based on the number of
1122 subtests within the examination shall be sufficient to cover the
1123 actual cost of developing and administering the examination.
1124 Section 10. Section 1012.731, Florida Statutes, is amended
1125 to read:
1126 1012.731 The Florida Best and Brightest Teacher Scholarship
1127 Program.—
1128 (1) The Legislature recognizes that, second only to
1129 parents, teachers play the most critical role within schools in
1130 preparing students to achieve a high level of academic
1131 performance. The Legislature further recognizes that research
1132 has linked student outcomes to a teacher’s own academic
1133 achievement. Therefore, it is the intent of the Legislature to
1134 recruit, retain, and recognize designate teachers who meet the
1135 needs of this state and have achieved success in the classroom
1136 high academic standards during their own education as Florida’s
1137 best and brightest teacher scholars.
1138 (2) There is created The Florida Best and Brightest Teacher
1139 Scholarship Program is created to be administered by the
1140 Department of Education. The scholarship program shall provide
1141 categorical funding for scholarships to recruitment, retention,
1142 and recognition awards be awarded to classroom teachers, as
1143 defined in s. 1012.01(2)(a), to be funded as provided in s.
1144 1011.62(18) who have demonstrated a high level of academic
1145 achievement.
1146 (3)(a) To be eligible for a one-time recruitment award as
1147 specified in the General Appropriations Act, a newly hired
1148 teacher must be a content expert, based on criteria established
1149 by the department, in mathematics, science, computer science,
1150 reading, or civics scholarship in the amount of $6,000, a
1151 classroom teacher must:
1152 1. Have achieved a composite score at or above the 80th
1153 percentile on either the SAT or the ACT based on the National
1154 Percentile Ranks in effect when the classroom teacher took the
1155 assessment and have been evaluated as highly effective pursuant
1156 to s. 1012.34 in the school year immediately preceding the year
1157 in which the scholarship will be awarded, unless the classroom
1158 teacher is newly hired by the district school board and has not
1159 been evaluated pursuant to s. 1012.34.
1160 2. Beginning with the 2020-2021 school year, have achieved
1161 a composite score at or above the 77th percentile or, if the
1162 classroom teacher graduated cum laude or higher with a
1163 baccalaureate degree, the 71st percentile on either the SAT,
1164 ACT, GRE, LSAT, GMAT, or MCAT based on the National Percentile
1165 Ranks in effect when the classroom teacher took the assessment;
1166 and have been evaluated as highly effective pursuant to s.
1167 1012.34, or have been evaluated as highly effective based on a
1168 commissioner-approved student learning growth formula pursuant
1169 to s. 1012.34(8), in the school year immediately preceding the
1170 year in which the scholarship will be awarded, unless the
1171 classroom teacher is newly hired by the district school board
1172 and has not been evaluated pursuant to s. 1012.34.
1173 (b) To be eligible for a retention award as specified in
1174 the General Appropriations Act, a teacher must have been rated
1175 as highly effective or effective the preceding year pursuant to
1176 s. 1012.34, and teach in a school for 2 consecutive school
1177 years, including the current year, that has improved an average
1178 of 3 percentage points or more in the percentage of total
1179 possible points achieved for determining school grades over the
1180 prior 3 years
1181 1. In order to demonstrate eligibility for an award, an
1182 eligible classroom teacher must submit to the school district,
1183 no later than November 1, an official record of his or her
1184 qualifying assessment score and, beginning with the 2020-2021
1185 school year, an official transcript demonstrating that he or she
1186 graduated cum laude or higher with a baccalaureate degree, if
1187 applicable. Once a classroom teacher is deemed eligible by the
1188 school district, the teacher shall remain eligible as long as he
1189 or she remains employed by the school district as a classroom
1190 teacher at the time of the award and receives an annual
1191 performance evaluation rating of highly effective pursuant to s.
1192 1012.34 or is evaluated as highly effective based on a
1193 commissioner-approved student learning growth formula pursuant
1194 to s. 1012.34(8) for the 2019-2020 school year or thereafter.
1195 2. A school district employee who is no longer a classroom
1196 teacher may receive an award if the employee was a classroom
1197 teacher in the prior school year, was rated highly effective,
1198 and met the requirements of this section as a classroom teacher.
1199 (c) To be eligible for a recognition award, a teacher must
1200 be rated as highly effective and be selected by his or her
1201 school principal, based on performance criteria and policies
1202 adopted by the district school board. Recognition awards must be
1203 provided from funds remaining under the allocation provided in
1204 s. 1011.62(18) after the payment of all teacher recruitment and
1205 retention awards and principal awards authorized under this
1206 section and the General Appropriations Act Notwithstanding the
1207 requirements of this subsection, for the 2017-2018, 2018-2019,
1208 and 2019-2020 school years, any classroom teacher who:
1209 1. Was evaluated as highly effective pursuant to s. 1012.34
1210 in the school year immediately preceding the year in which the
1211 scholarship will be awarded shall receive a scholarship of
1212 $1200, including a classroom teacher who received an award
1213 pursuant to paragraph (a).
1214 2. Was evaluated as effective pursuant to s. 1012.34 in the
1215 school year immediately preceding the year in which the
1216 scholarship will be awarded a scholarship of up to $800. If the
1217 number of eligible classroom teachers under this subparagraph
1218 exceeds the total allocation, the department shall prorate the
1219 per-teacher scholarship amount.
1220
1221 This paragraph expires July 1, 2020.
1222 (4) Annually, by December 1, each school district shall
1223 submit to the department:
1224 (a) The number of eligible classroom teachers who qualify
1225 for the scholarship.
1226 (b) The name and master school identification number (MSID)
1227 of each school in the district to which an eligible classroom
1228 teacher is assigned.
1229 (c) The name of the school principal of each eligible
1230 classroom teacher’s school if he or she has served as the
1231 school’s principal for at least 2 consecutive school years
1232 including the current school year.
1233 (5) Annually, by February 1, the department shall disburse
1234 scholarship funds to each school district for each eligible
1235 classroom teacher to receive a scholarship in accordance with
1236 this section.
1237 (6) Annually, by April 1, each school district shall award
1238 the scholarship to each eligible classroom teacher.
1239 (7) For purposes of this section, the term “school
1240 district” includes the Florida School for the Deaf and the Blind
1241 and charter school governing boards.
1242 Section 11. Section 1012.732, Florida Statutes, is amended
1243 to read:
1244 1012.732 The Florida Best and Brightest Principal
1245 Scholarship Program.—
1246 (1) The Legislature recognizes that the most effective
1247 school principals establish a safe and supportive school
1248 environment for students and faculty. Research shows that these
1249 principals increase student learning by providing opportunities
1250 for the professional growth, collaboration, and autonomy that
1251 classroom teachers need to become and remain highly effective
1252 educational professionals. As a result, these principals are
1253 able to recruit and retain more of the best classroom teachers
1254 and improve student outcomes at their schools, including schools
1255 serving low-income and high-need student populations. Therefore,
1256 it is the intent of the Legislature to designate school
1257 principals whose schools make noticeable academic improvement
1258 school faculty has a high percentage of classroom teachers who
1259 are designated as Florida’s best and brightest teacher scholars
1260 pursuant to s. 1012.731 as Florida’s best and brightest
1261 principals.
1262 (2) There is created The Florida Best and Brightest
1263 Principal Scholarship Program is created to be administered by
1264 the Department of Education. The program shall provide awards to
1265 categorical funding for scholarships to be awarded to school
1266 principals, as defined in s. 1012.01(3)(c)1., to be funded as
1267 provided in s. 1011.62(18) who have recruited and retained a
1268 high percentage of best and brightest teachers.
1269 (3) A school principal identified pursuant to s.
1270 1012.731(4)(c) is eligible to receive an award, as specified in
1271 the General Appropriations Act, a scholarship under this section
1272 if he or she has served as school principal at his or her school
1273 for at least 4 2 consecutive school years including the current
1274 school year and the school has improved an average of 3
1275 percentage points or more in the percentage of total possible
1276 points achieved for determining school grades over the prior 3
1277 years his or her school has a ratio of best and brightest
1278 teachers to other classroom teachers that is at the 80th
1279 percentile or higher for schools within the same grade group,
1280 statewide, including elementary schools, middle schools, high
1281 schools, and schools with a combination of grade levels.
1282 (4) Annually, by February 1, the department shall identify
1283 eligible school principals and disburse funds to each school
1284 district for each eligible school principal to receive a
1285 scholarship. A scholarship of $5,000 must be awarded to every
1286 eligible school principal assigned to a Title I school and a
1287 scholarship of $4,000 to every eligible school principal who is
1288 not assigned to a Title I school.
1289 (5) Annually, by April 1, each school district must award a
1290 scholarship to each eligible school principal.
1291 (6) A school district must provide a best and brightest
1292 principal with the additional authority and responsibilities
1293 provided in s. 1012.28(8) for a minimum of 2 years.
1294 (7) For purposes of this section, the term “school
1295 district” includes the Florida School for the Deaf and the Blind
1296 and charter school governing boards.
1297 Section 12. Paragraphs (a) and (d) of subsection (1) of
1298 section 1013.31, Florida Statutes, are amended to read:
1299 1013.31 Educational plant survey; localized need
1300 assessment; PECO project funding.—
1301 (1) At least every 5 years, each board shall arrange for an
1302 educational plant survey, to aid in formulating plans for
1303 housing the educational program and student population, faculty,
1304 administrators, staff, and auxiliary and ancillary services of
1305 the district or campus, including consideration of the local
1306 comprehensive plan. The Department of Education shall document
1307 the need for additional career and adult education programs and
1308 the continuation of existing programs before facility
1309 construction or renovation related to career or adult education
1310 may be included in the educational plant survey of a school
1311 district or Florida College System institution that delivers
1312 career or adult education programs. Information used by the
1313 Department of Education to establish facility needs must
1314 include, but need not be limited to, labor market data, needs
1315 analysis, and information submitted by the school district or
1316 Florida College System institution.
1317 (a) Educational plant survey and localized need assessment
1318 for capital outlay purposes.—A survey recommendation is not
1319 required when a district uses may only use funds from the
1320 following sources for educational, auxiliary, and ancillary
1321 plant capital outlay purposes without needing a survey
1322 recommendation:
1323 1. The local capital outlay improvement fund, consisting of
1324 funds that come from and are a part of the district’s basic
1325 operating budget;
1326 2. A taxpayer-approved bond referendum, to fund
1327 construction of If a board decides to build an educational,
1328 auxiliary, or ancillary plant facility without a survey
1329 recommendation and the taxpayers approve a bond referendum, the
1330 voted bond referendum;
1331 3. One-half cent sales surtax revenue;
1332 4. One cent local governmental surtax revenue;
1333 5. Impact fees; and
1334 6. Private gifts or donations; and
1335 7. The district school tax levied pursuant to s.
1336 1011.71(2).
1337 (d) Review and validation.—The Department of Education
1338 shall review and validate the surveys of school districts and
1339 Florida College System institutions, and the Chancellor of the
1340 State University System shall review and validate the surveys of
1341 universities, and any amendments thereto for compliance with the
1342 requirements of this chapter and shall recommend those in
1343 compliance for approval by the State Board of Education or the
1344 Board of Governors, as appropriate. Annually, the department
1345 shall perform an in-depth analysis of a representative sample of
1346 each survey of recommended needs for five districts selected by
1347 the commissioner from among districts with the largest need-to
1348 revenue ratio. For the purpose of this subsection, the need-to
1349 revenue ratio is determined by dividing the total 5-year cost of
1350 projects listed on the district survey by the total 5-year fixed
1351 capital outlay revenue projections from state and local sources
1352 as determined by the department. The commissioner may direct
1353 fixed capital outlay funds provided from general revenue or from
1354 state trust funds to be withheld from districts until such time
1355 as the survey accurately projects facilities needs.
1356 Section 13. Paragraphs (b), (c), and (d) of subsection (6)
1357 of section 1013.64, Florida Statutes, are amended to read:
1358 1013.64 Funds for comprehensive educational plant needs;
1359 construction cost maximums for school district capital
1360 projects.—Allocations from the Public Education Capital Outlay
1361 and Debt Service Trust Fund to the various boards for capital
1362 outlay projects shall be determined as follows:
1363 (6)
1364 (b)1. A district school board may not use funds from state
1365 sources the following sources: Public Education Capital Outlay
1366 and Debt Service Trust Fund; School District and Community
1367 College District Capital Outlay and Debt Service Trust Fund;
1368 Classrooms First Program funds provided in s. 1013.68; nonvoted
1369 1.5-mill levy of ad valorem property taxes provided in s.
1370 1011.71(2); Classrooms for Kids Program funds provided in s.
1371 1013.735; District Effort Recognition Program funds provided in
1372 s. 1013.736; or High Growth District Capital Outlay Assistance
1373 Grant Program funds provided in s. 1013.738 for any new
1374 construction of educational plant space with a total cost per
1375 student station, including change orders, which exceeds that
1376 equals more than:
1377 a. $17,952 for an elementary school,
1378 b. $19,386 for a middle school, or
1379 c. $25,181 for a high school,
1380
1381 (January 2006) as adjusted annually to reflect increases or
1382 decreases in the Consumer Price Index. These restrictions do not
1383 apply to local funds as specified in s. 1013.31(1)(a). The
1384 department, in conjunction with the Office of Economic and
1385 Demographic Research, shall review and revise the cost per
1386 student station limits to reflect actual construction costs by
1387 December 1, 2019, and every 3 years thereafter. The adjusted
1388 cost per student station shall be used by the department for
1389 computation of the statewide average costs per student station
1390 for each instructional level pursuant to paragraph (d). The
1391 department shall also collaborate with the Office of Economic
1392 and Demographic Research to select an industry-recognized
1393 construction index to replace the Consumer Price Index by
1394 December 1, 2019, adjusted annually to reflect changes in the
1395 construction index.
1396 2. School districts shall maintain accurate documentation
1397 related to the costs of all new construction of educational
1398 plant space reported to the Department of Education pursuant to
1399 paragraph (d). The Auditor General shall review the
1400 documentation maintained by the school districts and verify
1401 compliance with the limits under this paragraph during its
1402 scheduled operational audits of the school district. The
1403 department shall make the final determination on district
1404 compliance based on the recommendation of the Auditor General.
1405 3. Effective July 1, 2017, in addition to the funding
1406 sources listed in subparagraph 1., a district school board may
1407 not use funds from any sources for new construction of
1408 educational plant space with a total cost per student station,
1409 including change orders, which equals more than the current
1410 adjusted amounts provided in sub-subparagraphs 1.a.-c. which
1411 shall subsequently be adjusted annually to reflect increases or
1412 decreases in the Consumer Price Index. However, if a contract
1413 has been executed for architectural and design services or for
1414 construction management services before July 1, 2017, a district
1415 school board may use funds from any source for the new
1416 construction of educational plant space and such funds are
1417 exempt from the total cost per student station requirements.
1418 4. A district school board must not use funds from the
1419 Public Education Capital Outlay and Debt Service Trust Fund or
1420 the School District and Community College District Capital
1421 Outlay and Debt Service Trust Fund for any new construction of
1422 an ancillary plant that exceeds 70 percent of the average cost
1423 per square foot of new construction for all schools.
1424 (c) Except as otherwise provided, new construction for
1425 which a contract has been executed for architectural and design
1426 services or for construction management services by a district
1427 school board on or after July 1, 2017, may not exceed the cost
1428 per student station as provided in paragraph (b). A school
1429 district that exceeds the cost per student station provided in
1430 paragraph (b), as determined by the Auditor General, shall be
1431 subject to sanctions. If the Auditor General determines that the
1432 cost per student station overage is de minimus or due to
1433 extraordinary circumstances outside the control of the district,
1434 the sanctions shall not apply. The sanctions are as follows:
1435 1. The school district shall be ineligible for allocations
1436 from the Public Education Capital Outlay and Debt Service Trust
1437 Fund for the next 3 years in which the school district would
1438 have received allocations had the violation not occurred.
1439 2. The school district shall be subject to the supervision
1440 of a district capital outlay oversight committee. The oversight
1441 committee is authorized to approve all capital outlay
1442 expenditures of the school district, including new construction,
1443 renovations, and remodeling, for 3 fiscal years following the
1444 violation.
1445 a. Each oversight committee shall be composed of the
1446 following:
1447 (I) One appointee of the Commissioner of Education who has
1448 significant financial management, school facilities
1449 construction, or related experience.
1450 (II) One appointee of the office of the state attorney with
1451 jurisdiction over the district.
1452 (III) One appointee of the Chief Financial Officer who is a
1453 licensed certified public accountant.
1454 b. An appointee to the oversight committee may not be
1455 employed by the school district; be a relative, as defined in s.
1456 1002.33(24)(a)2., of any school district employee; or be an
1457 elected official. Each appointee must sign an affidavit
1458 attesting to these conditions and affirming that no conflict of
1459 interest exists in his or her oversight role.
1460 (d) The department shall:
1461 1. Compute for each calendar year the statewide average
1462 construction costs for facilities serving each instructional
1463 level, for relocatable educational facilities, for
1464 administrative facilities, and for other ancillary and auxiliary
1465 facilities. The department shall compute the statewide average
1466 costs per student station for each instructional level.
1467 2. Annually review the actual completed construction costs
1468 of educational facilities in each school district. For any
1469 school district in which the total actual cost per student
1470 station, including change orders, exceeds the statewide limits
1471 established in paragraph (b), the school district shall report
1472 to the department the actual cost per student station and the
1473 reason for the school district’s inability to adhere to the
1474 limits established in paragraph (b). The department shall
1475 collect all such reports and shall provide these reports to the
1476 Auditor General for verification purposes.
1477
1478 Cost per student station includes contract costs, legal and
1479 administrative costs, fees of architects and engineers,
1480 furniture and equipment, and site improvement costs. Cost per
1481 student station does not include legal and administrative costs,
1482 architect and engineer fees, furniture and equipment costs, the
1483 cost of purchasing or leasing the site, the cost of constructing
1484 covered walkways, the costs of complying with public shelter and
1485 hurricane hardening requirements, for the construction or the
1486 cost of offsite and related offsite improvements. Cost per
1487 student station also does not include the cost of any security
1488 enhancements, including, but not limited to, the cost for
1489 securing entries, checkpoint construction, lighting specifically
1490 designed for entry point security, security cameras, automatic
1491 locks and locking devices, electronic security systems, fencing
1492 designed to prevent intruder entry into a building, bullet-proof
1493 glass, or other capital construction items approved by the
1494 school safety specialist to ensure building security for new
1495 educational, auxiliary, or ancillary facilities; costs for these
1496 items must be below 2 percent per student station.
1497 Section 14. This act shall take effect July 1, 2019.