Florida Senate - 2020                                    SB 1400
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01640B-20                                          20201400__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1002.394,
    3         F.S.; revising initial scholarship eligibility
    4         criteria for the Family Empowerment Scholarship
    5         Program, beginning with a specified school year;
    6         providing that participation in certain virtual
    7         schools, correspondence schools, or distance learning
    8         programs does not make a student ineligible for a
    9         scholarship under the program in certain
   10         circumstances; amending s. 1002.395, F.S.; revising
   11         eligibility criteria for the Florida Tax Credit
   12         Scholarship Program and applying the criteria only to
   13         initial eligibility; requiring that priority be given
   14         to students whose household incomes do not exceed a
   15         specified amount; amending s. 1011.61, F.S.; providing
   16         that a certain scholarship award is not subject to the
   17         maximum value for funding a student under the Florida
   18         Education Finance Program; amending s. 1011.62, F.S.;
   19         creating the minimum base annual salary allocation to
   20         assist school districts in providing minimum base
   21         annual salaries to classroom teachers; providing for
   22         the calculation of the initial allocation; requiring
   23         the Department of Education, by a specified date, to
   24         estimate the funding required to increase the minimum
   25         base annual salary as required by the act; creating
   26         the Rewarding Great Classroom Teachers for Extending
   27         Student Success Program within the Department of
   28         Education for a specified purpose; defining terms;
   29         requiring that awards made under the program be tiered
   30         based upon students’ performance or improvement, as
   31         demonstrated by the school’s grade; providing that the
   32         amount of awards under the program must be established
   33         annually in the General Appropriations Act; providing
   34         for teacher eligibility; requiring school districts to
   35         certify certain information annually to the
   36         department; providing for the proration of award
   37         amounts under certain circumstances; providing
   38         construction; creating the Rewarding Great Principals
   39         for Extending Student Success Program within the
   40         Department of Education for a specified purpose;
   41         specifying that certain principals must receive awards
   42         under the program; providing for principal
   43         eligibility; requiring school districts to certify
   44         certain information annually to the department;
   45         requiring that awards made under the program be tiered
   46         based upon students’ performance or improvement, as
   47         demonstrated by the school’s grade; providing for
   48         proration of awards under certain circumstances;
   49         providing construction; amending s. 1012.22, F.S.;
   50         requiring district school boards and charter school
   51         governing boards to implement a minimum base annual
   52         salary for certain teachers beginning on a specified
   53         date; amending s. 1003.47, F.S.; conforming a cross
   54         reference; providing an effective date.
   55  
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Paragraph (b) of subsection (3) and subsection
   59  (5) of section 1002.394, Florida Statutes, are amended to read:
   60         1002.394 The Family Empowerment Scholarship Program.—
   61         (3) INITIAL SCHOLARSHIP ELIGIBILITY.—A student is eligible
   62  for a Family Empowerment Scholarship under this section if the
   63  student meets the following criteria:
   64         (b)1. The student is eligible to enroll in kindergarten or
   65  has spent the prior school year in attendance at a Florida
   66  public school; or
   67         2.Beginning with the 2020-2021 school year, the student
   68  received a scholarship pursuant to s. 1002.395 during the
   69  previous school year and, before initial receipt of such
   70  scholarship, spent the prior school year in attendance at a
   71  Florida public school.
   72  
   73  For purposes of this paragraph, the term prior school year in
   74  attendance means that the student was enrolled and reported by
   75  a school district for funding during the preceding October and
   76  February Florida Education Finance Program surveys in
   77  kindergarten through grade 12, which includes time spent in a
   78  Department of Juvenile Justice commitment program if funded
   79  under the Florida Education Finance Program. However, a
   80  dependent child of a member of the United States Armed Forces
   81  who transfers to a school in this state from out of state or
   82  from a foreign country due to a parent’s permanent change of
   83  station orders or a foster child is exempt from the prior public
   84  school attendance requirement under this paragraph, but must
   85  meet the other eligibility requirements specified under this
   86  section to participate in the program.
   87         (5) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
   88  a Family Empowerment Scholarship while he or she is:
   89         (a) Enrolled in a public school, including, but not limited
   90  to, the Florida School for the Deaf and the Blind, the College
   91  Preparatory Boarding Academy, a developmental research school
   92  authorized under s. 1002.32, or a charter school authorized
   93  under this chapter;
   94         (b) Enrolled in a school operating for the purpose of
   95  providing educational services to youth in a Department of
   96  Juvenile Justice commitment program;
   97         (c) Receiving any other educational scholarship pursuant to
   98  this chapter;
   99         (d) Participating in a home education program as defined in
  100  s. 1002.01(1);
  101         (e) Participating in a private tutoring program pursuant to
  102  s. 1002.43; or
  103         (f) Participating in a virtual school, correspondence
  104  school, or distance learning program that receives state funding
  105  pursuant to the student’s participation, unless the
  106  participation is limited to no more than two courses per school
  107  year.
  108         Section 2. Subsection (3) and paragraph (e) of subsection
  109  (6) of section 1002.395, Florida Statutes, are amended to read:
  110         1002.395 Florida Tax Credit Scholarship Program.—
  111         (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
  112         (a) The Florida Tax Credit Scholarship Program is
  113  established.
  114         (b) A student is eligible for a Florida tax credit
  115  scholarship under this section if the student meets one or more
  116  of the following criteria:
  117         1. The student is on the direct certification list or the
  118  student’s household income level does not exceed 300 185 percent
  119  of the federal poverty level; or
  120         2. The student is currently placed, or during the previous
  121  state fiscal year was placed, in foster care or in out-of-home
  122  care as defined in s. 39.01.
  123         3. The student’s household income level is greater than 185
  124  percent of the federal poverty level but does not exceed 260
  125  percent of the federal poverty level.
  126  
  127  Priority must be given to students whose household income levels
  128  do not exceed 185 percent of the federal poverty level or who
  129  are in foster care or out-of-home care. A student who initially
  130  receives a scholarship based on eligibility under this paragraph
  131  subparagraph (b)2. remains eligible to participate until he or
  132  she the student graduates from high school or attains the age of
  133  21 years, whichever occurs first, regardless of the student’s
  134  household income level. A student who initially received a
  135  scholarship based on income eligibility before the 2019-2020
  136  school year remains eligible to participate until he or she
  137  graduates from high school, attains the age of 21 years, or the
  138  student’s household income level exceeds 260 percent of the
  139  federal poverty level, whichever occurs first. A sibling of a
  140  student who is participating in the scholarship program under
  141  this subsection is eligible for a scholarship if the student
  142  resides in the same household as the sibling.
  143         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  144  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  145  organization:
  146         (e) Must give first priority to eligible students who
  147  received a scholarship from an eligible nonprofit scholarship
  148  funding organization or from the State of Florida during the
  149  previous school year. Beginning in the 2016-2017 school year, an
  150  eligible nonprofit scholarship-funding organization shall give
  151  priority to new applicants whose household income levels do not
  152  exceed 185 percent of the federal poverty level or who are in
  153  foster care or out-of-home care.
  154  
  155  Information and documentation provided to the Department of
  156  Education and the Auditor General relating to the identity of a
  157  taxpayer that provides an eligible contribution under this
  158  section shall remain confidential at all times in accordance
  159  with s. 213.053.
  160         Section 3. Subsection (4) of section 1011.61, Florida
  161  Statutes, is amended to read:
  162         1011.61 Definitions.—Notwithstanding the provisions of s.
  163  1000.21, the following terms are defined as follows for the
  164  purposes of the Florida Education Finance Program:
  165         (4) The maximum value for funding a student in kindergarten
  166  through grade 12 or in a prekindergarten program for exceptional
  167  children as provided in s. 1003.21(1)(e) shall be the sum of the
  168  calculations in paragraphs (a), (b), and (c) as calculated by
  169  the department.
  170         (a) The sum of the student’s full-time equivalent student
  171  membership value for the school year or the equivalent derived
  172  from paragraphs (1)(a) and (b), subparagraph (1)(c)1., sub
  173  subparagraphs (1)(c)2.b. and c., subparagraph (1)(c)3., and
  174  subsection (2). If the sum is greater than 1.0, the full-time
  175  equivalent student membership value for each program or course
  176  shall be reduced by an equal proportion so that the student’s
  177  total full-time equivalent student membership value is equal to
  178  1.0.
  179         (b) If the result in paragraph (a) is less than 1.0 full
  180  time equivalent student and the student has full-time equivalent
  181  student enrollment pursuant to sub-sub-subparagraph
  182  (1)(c)1.b.(VIII), calculate an amount that is the lesser of the
  183  value in sub-sub-subparagraph (1)(c)1.b.(VIII) or the value of
  184  1.0 less the value in paragraph (a).
  185         (c) The full-time equivalent student enrollment value in
  186  sub-subparagraph (1)(c)2.a.
  187  
  188  A scholarship award provided to a student enrolled in the John
  189  M. McKay Scholarships for Students with Disabilities Program
  190  pursuant to s. 1002.39 or the Family Empowerment Scholarship
  191  Program pursuant to s. 1002.394 is not subject to the maximum
  192  value for funding a student under this subsection.
  193         Section 4. Subsections (22), (23), and (24) are added to
  194  section 1011.62, Florida Statutes, to read:
  195         1011.62 Funds for operation of schools.—If the annual
  196  allocation from the Florida Education Finance Program to each
  197  district for operation of schools is not determined in the
  198  annual appropriations act or the substantive bill implementing
  199  the annual appropriations act, it shall be determined as
  200  follows:
  201         (22)MINIMUM BASE ANNUAL SALARY ALLOCATION.—The minimum
  202  base annual salary allocation is created to assist school
  203  districts in meeting the minimum base annual salary requirement
  204  as provided in s. 1012.22(1)(d).
  205         (a)Subject to an annual appropriation, each school
  206  district shall receive an allocation based on the district’s
  207  proportionate share of FEFP base funding. The Legislature may
  208  specify a minimum allocation for all districts in the General
  209  Appropriations Act.
  210         (b)By July 1, 2020, the department shall estimate for each
  211  school district the funding required to increase the minimum
  212  base annual salary as required by s. 1012.22(1)(d). The
  213  department may require the reporting of information on salaries
  214  by school districts as necessary to implement this subsection.
  215         (23)REWARDING GREAT CLASSROOM TEACHERS FOR EXTENDING
  216  STUDENT SUCCESS PROGRAM.—The Rewarding Great Classroom Teachers
  217  for Extending Student Success Program is created within the
  218  Department of Education to provide financial awards to classroom
  219  teachers in public schools who improve student success, as
  220  demonstrated by an increase in the percentage of points earned
  221  by such schools.
  222         (a)As used in this subsection, the term:
  223         1.Classroom teacher means a classroom teacher, as
  224  defined in s. 1012.01(2)(a), who is a full-time employee of a
  225  public school district or charter school and whose full-time
  226  responsibility is the professional activity of instructing
  227  students in any grade from kindergarten through grade 12 in
  228  courses funded through the FEFP.
  229         2.“Percentage of points means the percentage of total
  230  points earned by a school in the determination of its grade
  231  under s. 1008.34.
  232         3.Title I eligible school means a public school that
  233  receives federal funds under Title I, Part A, of the federal
  234  Elementary and Secondary Education Act as a result of serving a
  235  high percentage of students from low-income families.
  236         (b)Financial awards made to classroom teachers under this
  237  subsection must be tiered based upon the performance or
  238  improvement of students at their school, as reflected in the
  239  school’s grade. Financial awards must be doubled when a school
  240  is a Title I eligible school. For purposes of this paragraph:
  241         1.Tier 1 schools are schools that have earned 85 percent
  242  or higher of the total school grade points or that increase
  243  their percentage of points by 6 or more percentage points from
  244  the prior school year.
  245         2.Tier 2 schools are schools that increase their
  246  percentage of points by at least 3 percentage points, but less
  247  than 6 percentage points, from the prior school year.
  248         3.Tier 3 schools are schools that increase their
  249  percentage of points by at least 1 percentage point, but less
  250  than 3 percentage points, from the prior school year.
  251         (c)The amount of the financial awards must be established
  252  annually in the General Appropriations Act.
  253         (d)A classroom teacher who retires, changes schools or
  254  positions within the same school district, or becomes a
  255  classroom teacher in another school district may receive an
  256  award under this subsection if he or she met the requirements of
  257  this section in the prior academic year.
  258         (e)Annually, in a format prescribed by the department,
  259  school districts must certify the number of classroom teachers
  260  who qualify for an award under this subsection and the amount of
  261  the award.
  262         (f)If the amount appropriated by the Legislature is
  263  insufficient to fully fund the program, the department may
  264  prorate awards equally among the tiers.
  265         (g)This subsection does not create a substantial interest
  266  under s. 120.569 for the purpose of challenging any of the
  267  department’s decisions or actions, including, but not limited
  268  to, school grades.
  269         (24) REWARDING GREAT PRINCIPALS FOR EXTENDING STUDENT
  270  SUCCESS PROGRAM.—
  271         (a)The Rewarding Great Principals for Extending Student
  272  Success Program is created within the Department of Education to
  273  provide financial awards to principals at public schools who
  274  improve student success, as demonstrated by an increase in the
  275  percentage of points earned by such schools. For each school
  276  whose teachers qualify for an award under subsection (23), the
  277  principal at that school must receive a principal award, as
  278  determined annually by the General Appropriations Act, subject
  279  to the requirements of this subsection.
  280         (b)An otherwise eligible principal who retires, changes
  281  schools or positions, or moves to another school district
  282  remains eligible for and may receive an award under this
  283  subsection if he or she met the requirements of this section in
  284  the prior academic year.
  285         (c)Annually, in a format prescribed by the department,
  286  school districts must certify the number of principals who
  287  qualify for an award under this subsection and the amount of the
  288  award.
  289         (d)Funds shall be allocated as specified in the General
  290  Appropriations Act and awards shall be tiered in accordance with
  291  paragraph (23)(b). If the amount appropriated by the Legislature
  292  is insufficient to fully fund the program, the department may
  293  prorate awards equally among the tiers.
  294         (e)This subsection does not create a substantial interest
  295  under s. 120.569 for the purpose of challenging any of the
  296  department’s decisions or actions, including, but not limited
  297  to, school grades.
  298         Section 5. Present paragraphs (d) through (i) of subsection
  299  (1) of section 1012.22, Florida Statutes, are redesignated as
  300  paragraphs (e) through (j), respectively, and a new paragraph
  301  (d) is added to that subsection, to read:
  302         1012.22 Public school personnel; powers and duties of the
  303  district school board.—The district school board shall:
  304         (1) Designate positions to be filled, prescribe
  305  qualifications for those positions, and provide for the
  306  appointment, compensation, promotion, suspension, and dismissal
  307  of employees as follows, subject to the requirements of this
  308  chapter:
  309         (d)Minimum base annual salary.—Beginning on July 1, 2020,
  310  each district school board and charter school governing board
  311  shall adopt a minimum base annual salary of $47,500 for full
  312  time public school classroom teachers, as defined in s.
  313  1012.01(2)(a), whose full-time responsibility is the
  314  professional activity of instructing students in kindergarten
  315  through grade 12 in courses funded through the Florida Education
  316  Finance Program.
  317         Section 6. Subsection (3) of section 1003.47, Florida
  318  Statutes, is amended to read:
  319         1003.47 Biological experiments on living subjects.—
  320         (3) If any instructional employee of a public high school
  321  or career center knowingly or intentionally fails or refuses to
  322  comply with any of the provisions of this section, the district
  323  school board may suspend, dismiss, return to annual contract, or
  324  otherwise discipline such employee as provided in s.
  325  1012.22(1)(g) s. 1012.22(1)(f) in accordance with procedures
  326  established in chapter 1012. If any instructional employee of
  327  any private school knowingly or intentionally fails or refuses
  328  to comply with the provisions of this section, the governing
  329  authority of the private school may suspend, dismiss, or
  330  otherwise discipline such employee in accordance with its
  331  standard personnel procedures.
  332         Section 7. This act shall take effect July 1, 2020.