Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for SB 7070
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Diaz moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 489 - 588
    4  and insert:
    5         Section 5. Subsections (1) and (4), paragraphs (b), (d),
    6  and (h) of subsection (5), subsection (10), and paragraphs (b)
    7  and (d) of subsection (11) of section 1002.333, Florida
    8  Statutes, are amended to read:
    9         1002.333 Persistently low-performing schools.—
   10         (1) DEFINITIONS.—As used in this section, the term:
   11         (a)“Florida Opportunity Zone” means a population census
   12  tract that has been designated by the United States Department
   13  of the Treasury as a Qualified Opportunity Zone pursuant to
   14  Internal Revenue Code s. 1400Z-1(b)(1)(B).
   15         (b)(a) “Hope operator” means an entity identified by the
   16  department pursuant to subsection (2).
   17         (c)(b) “Persistently low-performing school” means a school
   18  that has earned three consecutive grades lower than a “C,”
   19  pursuant to s. 1008.34, in at least 3 of the previous 5 years
   20  and has not earned a grade of “B” or higher in the most recent 2
   21  school years, and a school that was closed pursuant to s.
   22  1008.33(4) within 2 years after the submission of a notice of
   23  intent.
   24         (d)(c) “School of hope” means:
   25         1. A charter school operated by a hope operator which:
   26         a. Serves students from one or more persistently low
   27  performing schools and students who reside in a Florida
   28  Opportunity Zone;
   29         b. Is located in a Florida Opportunity Zone or in the
   30  attendance zone of a persistently low-performing school or
   31  within a 5-mile radius of such school, whichever is greater; and
   32         c. Is a Title I eligible school; or
   33         2. A school operated by a hope operator pursuant to s.
   34  1008.33(4)(b)3.
   35         (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator
   36  seeking to open a school of hope must submit a notice of intent
   37  to the school district in which a persistently low-performing
   38  school has been identified by the State Board of Education
   39  pursuant to subsection (10) or in which a Florida Opportunity
   40  Zone is located.
   41         (a) The notice of intent must include:
   42         1. An academic focus and plan.
   43         2. A financial plan.
   44         3. Goals and objectives for increasing student achievement
   45  for the students from low-income families.
   46         4. A completed or planned community outreach plan.
   47         5. The organizational history of success in working with
   48  students with similar demographics.
   49         6. The grade levels to be served and enrollment
   50  projections.
   51         7. The proposed location or geographic area proposed for
   52  the school consistent with the requirements of sub-subparagraphs
   53  (1)(d)1.a. and b and its proximity to the persistently low
   54  performing school.
   55         8. A staffing plan.
   56         (b) Notwithstanding the requirements of s. 1002.33, a
   57  school district shall enter into a performance-based agreement
   58  with a hope operator to open schools to serve students from
   59  persistently low-performing schools and students residing in a
   60  Florida Opportunity Zone.
   61         (5) PERFORMANCE-BASED AGREEMENT.—The following shall
   62  comprise the entirety of the performance-based agreement:
   63         (b) The location or geographic area proposed for the school
   64  of hope and its proximity to the persistently low-performing
   65  school, as applicable.
   66         (d) A plan of action and specific milestones for student
   67  recruitment and the enrollment of students from persistently
   68  low-performing schools and students residing in a Florida
   69  Opportunity Zone, including enrollment preferences and
   70  procedures for conducting transparent admissions lotteries that
   71  are open to the public. Students from persistently low
   72  performing schools and students residing in a Florida
   73  Opportunity Zone shall be exempt from any enrollment lottery to
   74  the extent permitted by federal grant requirements.
   75         (h) A provision allowing the hope operator to open
   76  additional schools to serve students enrolled in or zoned for a
   77  persistently low-performing school and students residing in a
   78  Florida Opportunity Zone if the hope operator maintains its
   79  status under subsection (3).
   80         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
   81  is created within the Department of Education.
   82         (a) A school of hope is eligible to receive funds from the
   83  Schools of Hope Program for the following expenditures:
   84         1. Preparing teachers, school leaders, and specialized
   85  instructional support personnel, including costs associated
   86  with:
   87         a. Providing professional development.
   88         b. Hiring and compensating teachers, school leaders, and
   89  specialized instructional support personnel for services beyond
   90  the school day and year until the school reaches full enrollment
   91  in accordance with the performance-based agreement pursuant to
   92  subsection (5).
   93         2. Acquiring supplies, training, equipment, and educational
   94  materials, including developing and acquiring instructional
   95  materials.
   96         3. Providing one-time startup costs associated with
   97  providing transportation to students to and from the charter
   98  school.
   99         4. Carrying out community engagement activities, which may
  100  include paying the cost of student and staff recruitment.
  101         5. Providing funds to cover the nonvoted ad valorem millage
  102  that would otherwise be required for schools and the required
  103  local effort funds calculated pursuant to s. 1011.62 when the
  104  state board enters into an agreement with a hope operator
  105  pursuant to subsection (5).
  106         6. Providing funds for the initial leasing costs of a
  107  school facility in the event the department determines that a
  108  suitable district-owned facility is unavailable or not leased in
  109  a timely manner pursuant to paragraph (7)(d).
  111  In the event a school of hope is dissolved or is otherwise
  112  terminated, all property, furnishings, and equipment purchased
  113  with public funds shall automatically revert to full ownership
  114  by the district school board, subject to complete satisfaction
  115  of any lawful liens or encumbrances. Any unencumbered public
  116  funds from the school of hope, district school board property
  117  and improvements, furnishings, and equipment purchased with
  118  public funds, or financial or other records pertaining to the
  119  school of hope, in the possession of any person, entity, or
  120  holding company, other than the charter school, shall be held in
  121  trust upon the district school board’s request, until any appeal
  122  status is resolved.
  123         (b) A traditional public school that is required to submit
  124  a plan for implementation pursuant to s. 1008.33(4) is eligible
  125  to receive up to $2,000 per full-time equivalent student from
  126  the Schools of Hope Program based upon the strength of the
  127  school’s plan for implementation and its focus on evidence-based
  128  interventions that lead to student success by providing wrap
  129  around services that leverage community assets, improve school
  130  and community collaboration, and develop family and community
  131  partnerships. Wrap-around services include, but are not limited
  132  to, tutorial and after-school programs, student counseling,
  133  nutrition education, parental counseling, and adult education.
  134  Plans for implementation may also include models that develop a
  135  culture of attending college, high academic expectations,
  136  character development, dress codes, and an extended school day
  137  and school year. At a minimum, a plan for implementation must:
  138         1. Establish wrap-around services that develop family and
  139  community partnerships.
  140         2. Establish clearly defined and measurable high academic
  141  and character standards.
  142         3. Increase parental involvement and engagement in the
  143  child’s education.
  144         4. Describe how the school district will identify, recruit,
  145  retain, and reward instructional personnel. The state board may
  146  waive the requirements of s. 1012.22(1)(c)5., and suspend the
  147  requirements of s. 1012.34, to facilitate implementation of the
  148  plan.
  149         5. Identify a knowledge-rich curriculum that the school
  150  will use that focuses on developing a student’s background
  151  knowledge.
  152         6. Provide professional development that focuses on
  153  academic rigor, direct instruction, and creating high academic
  154  and character standards.
  155         (c)The state board shall:
  156         1. Provide awards for up to 25 schools and prioritize
  157  awards for plans submitted pursuant to paragraph (b) that are
  158  based on whole school transformation and that are developed in
  159  consultation with the school’s principal.
  160         2. Annually report on the implementation of this subsection
  161  in the report required by s. 1008.345(5), and provide summarized
  162  academic performance reports of each traditional public school
  163  receiving funds.
  164         (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  165  funds allocated for the purpose of this subsection which are not
  166  disbursed by June 30 of the fiscal year in which the funds are
  167  allocated may be carried forward for up to 5 years after the
  168  effective date of the original appropriation.
  170  Pursuant to Art. IX of the State Constitution, which prescribes
  171  the duty of the State Board of Education to supervise the public
  172  school system, the State Board of Education shall:
  173         (b) Adopt a standard notice of intent and performance-based
  174  agreement that must be used by hope operators and district
  175  school boards to eliminate regulatory and bureaucratic barriers
  176  that delay access to high quality schools for students in
  177  persistently low-performing schools and students residing in
  178  Florida Opportunity Zones.
  179         (d) Provide students in persistently low-performing schools
  180  and students residing in Florida Opportunity Zones with a public
  181  school that meets accountability standards. The State Board of
  182  Education may enter into a performance-based agreement with a
  183  hope operator when a school district has not improved the school
  184  after 3 years of the interventions and support provided under s.
  185  1008.33 or has not complied with the requirements of subsection
  186  (4). Upon the State Board of Education entering into a
  187  performance-based agreement with a hope operator, the school
  188  district shall transfer to the school of hope the proportionate
  189  share of state funds allocated from the Florida Education
  190  Finance Program.
  192  ================= T I T L E A M E N D M E N T ================
  193  And the title is amended as follows:
  194         Delete lines 17 - 31
  195  and insert:
  196         1002.333, F.S.; revising definitions; revising
  197         requirements for hope operators seeking to open a
  198         school of hope; revising requirements for the
  199         performance-based agreement; revising requirements for
  200         the expenditure of funds under the Schools of Hope
  201         Program; requiring that ownership of certain property,
  202         furnishings, and equipment revert to the district
  203         school board upon the dissolution or termination of a
  204         school of hope; providing that certain funds and
  205         specified improvements, furnishings, equipment, and
  206         records be held in trust upon a request by a district
  207         school board; deleting the authorization for a
  208         traditional public school to receive funds from the
  209         program; deleting a requirement for the State Board of
  210         Education to provide awards and annually report
  211         certain information; conforming provisions to changes
  212         made by the act; creating s. 1002.394, F.S.;