Florida Senate - 2020                                    SB 1498
       By Senator Baxley
       12-01321B-20                                          20201498__
    1                        A bill to be entitled                      
    2         An act relating to school turnaround; amending s.
    3         1008.33, F.S.; revising the criteria for schools that
    4         are deemed to be in need of intervention and support;
    5         providing that a school district may request to change
    6         a turnaround option after the first year of
    7         implementation; authorizing the school district to
    8         request additional time to implement a turnaround
    9         option only if certain conditions are met; providing
   10         new requirements for schools that complete a district
   11         managed turnaround plan and do not improve;
   12         authorizing the State Board of Education to revoke a
   13         turnaround plan when the school district has failed to
   14         follow the terms or meet the requirements of its
   15         approved plan; amending s. 1011.62, F.S.; clarifying
   16         provisions related to the turnaround school
   17         supplemental services allocation; amending ss.
   18         1002.33, 1002.332, and 1002.333, F.S.; conforming
   19         cross-references; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Subsections (3) and (4) of section 1008.33,
   24  Florida Statutes, are amended to read:
   25         1008.33 Authority to enforce public school improvement.—
   26         (3)(a) The academic performance of all students has a
   27  significant effect on the state school system. Pursuant to Art.
   28  IX of the State Constitution, which prescribes the duty of the
   29  State Board of Education to supervise Florida’s public school
   30  system, the state board shall equitably enforce the
   31  accountability requirements of the state school system and may
   32  impose state requirements on school districts in order to
   33  improve the academic performance of all districts, schools, and
   34  students based upon the provisions of the Florida K-20 Education
   35  Code, chapters 1000-1013; the federal ESEA and its implementing
   36  regulations; and the ESEA flexibility waiver approved for
   37  Florida by the United States Secretary of Education.
   38         (b) The Department of Education shall annually identify
   39  each public school in need of intervention and support to
   40  improve student academic performance. A deficient and failing
   41  school is a school that earns All schools earning a grade of “D”
   42  or “F” pursuant to s. 1008.34 and needs are schools in need of
   43  intervention and support.
   44         (c) The state board shall adopt by rule a differentiated
   45  matrix of intervention and support strategies for assisting
   46  traditional public schools identified under this section and
   47  rules for implementing s. 1002.33(9)(n), relating to charter
   48  schools. The intervention and support strategies must address
   49  student performance and may include improvement planning;
   50  leadership quality improvement; educator quality improvement;
   51  professional development; curriculum review, pacing, and
   52  alignment across grade levels to improve background knowledge in
   53  social studies, science, and the arts; and the use of continuous
   54  improvement and monitoring plans and processes. In addition, the
   55  state board may prescribe reporting requirements to review and
   56  monitor the progress of the schools. The rule must define the
   57  intervention and support strategies for school improvement for
   58  schools earning a grade of “D” or “F” and the roles for the
   59  district and department.
   60         (4)(a) The state board shall apply intensive intervention
   61  and support strategies tailored to the needs of schools earning
   62  two consecutive grades of “D” or a grade of “F.” In the first
   63  full school year after a school initially earns two consecutive
   64  grades of “D” or a grade of “F,” the school district must
   65  immediately implement intervention and support strategies
   66  prescribed in rule under paragraph (3)(c) and, by September 1,
   67  provide the department with the memorandum of understanding
   68  negotiated pursuant to s. 1001.42(21) and, by October 1, a
   69  district-managed turnaround plan for approval by the state
   70  board. The district-managed turnaround plan may include a
   71  proposal for the district to implement an extended school day, a
   72  summer program, or a combination of an extended school day and a
   73  summer program. Upon approval by the state board, the school
   74  district shall must implement the plan for the remainder of the
   75  school year, and continue the plan for 1 full school year, or
   76  the district may request to change a turnaround option after the
   77  first year of implementation. The state board may allow a school
   78  an additional year of implementation before the school must
   79  implement a turnaround option required under paragraph (c) (b)
   80  if it determines that the school is likely to improve to a grade
   81  of “C” or higher after the first full school year of
   82  implementation.
   83         (b) A district may request additional time only if the
   84  following conditions are met; however, the State Board of
   85  Education is not required to grant any such request:
   86         1.The request demonstrates that the school has a positive
   87  trajectory using the school grade components specified in s.
   88  1008.34(3)(b);
   89         2.The request demonstrates that the school that is the
   90  subject of the school improvement plan does not have any
   91  instructional personnel who have received an unsatisfactory
   92  evaluation and that the percentage of such personnel who have
   93  received an evaluation of needs improvement is at or below the
   94  Florida Value-Added Model (VAM) average if the district has more
   95  than five schools, or the state VAM average where the district
   96  has five or fewer schools;
   97         3.During the remainder of the implementation of the
   98  turnaround plan, the district agrees to staff the school without
   99  any instructional personnel who have received an unsatisfactory
  100  evaluation and to maintain or improve the school’s percentage of
  101  such personnel who have received a needs improvement evaluation;
  102  and
  103         4.The request includes a description of the services that
  104  will be implemented to ensure the sustainability of improvement
  105  during the next year and thereafter.
  106         (c)(b) Unless an additional year of implementation is
  107  provided pursuant to paragraph (a), a school that completes a
  108  district-managed turnaround plan cycle and does not improve to
  109  at least a grade of “C” or higher earns three consecutive grades
  110  below a “C” must implement one of the following:
  111         1. Upon the recommendation of the Commissioner of
  112  Education, the state board may choose to allow the school
  113  district to close the school, reassign students to another
  114  school with a school grade of “C” or higher, and monitor the
  115  progress of each reassigned student for 3 school years;
  116         2. Close the school and reopen Repurpose the school as one
  117  or more charter schools, each with a governing board that has a
  118  demonstrated record of effectiveness; or
  119         3. Enter into an annual performance contract with an
  120  external operator outside entity that has a demonstrated record
  121  of effectiveness to operate the school. An external operator
  122  outside entity may include a provider authorized by the State
  123  University System or Florida College System or a district
  124  managed charter school in which all instructional personnel are
  125  not employees of the school district, but are employees of an
  126  independent governing board composed of members who did not
  127  participate in the review or approval of the charter.
  128         (d)(c)During the first year of implementation of a
  129  turnaround option, the district may request a new turnaround
  130  option. Implementation of the turnaround option is no longer
  131  required if the school improves to a grade of “C” or higher.
  132         (e)(d) If a school earning two consecutive grades of “D” or
  133  a grade of “F” does not improve to a grade of “C” or higher
  134  after 2 school years of implementing the turnaround option
  135  selected by the school district under paragraph (c) (b), the
  136  school district must implement another turnaround option.
  137  Implementation of the turnaround option must begin the school
  138  year following the implementation period of the existing
  139  turnaround option, unless the state board determines that the
  140  school is likely to improve to a grade of “C” or higher if
  141  additional time is provided to implement the existing turnaround
  142  option.
  143         (f)The state board may revoke a turnaround plan when a
  144  district has failed to follow the terms of its approved plan or
  145  to meet the requirements of the plan. Prior to revocation, the
  146  state board shall consider any curative action taken or proposed
  147  by the district and the feasibility of improving performance
  148  under the plan during the remainder of the approval period. Upon
  149  revocation, the state board may require a district to submit a
  150  new plan or select a new turnaround option.
  151         Section 2. Subsection (21) of section 1011.62, Florida
  152  Statutes, is amended to read:
  153         1011.62 Funds for operation of schools.—If the annual
  154  allocation from the Florida Education Finance Program to each
  155  district for operation of schools is not determined in the
  156  annual appropriations act or the substantive bill implementing
  157  the annual appropriations act, it shall be determined as
  158  follows:
  160  The turnaround school supplemental services allocation is
  161  created to provide district-managed turnaround schools, as
  162  identified in s. 1008.33(4)(a), schools implementing a charter
  163  or an external operator turnaround option, that earn three
  164  consecutive grades below a “C,” as identified in s.
  165  1008.33(4)(c)3. s. 1008.33(4)(b)3., and schools that have
  166  improved to a “C” or higher and are no longer in turnaround
  167  status, as identified in s. 1008.33(4)(d) s. 1008.33(4)(c), with
  168  funds to offer services designed to improve the overall academic
  169  and community welfare of the schools’ students and their
  170  families.
  171         (a)1. Services funded by the allocation may include, but
  172  are not limited to, tutorial and after-school programs, student
  173  counseling, nutrition education, parental counseling, and an
  174  extended school day and school year. In addition, services may
  175  include models that develop a culture that encourages students
  176  to complete high school and to attend college or career
  177  training, set high academic expectations, and inspire character
  178  development.
  179         2. A school district may enter into a formal agreement with
  180  a nonprofit organization that has tax-exempt status under s.
  181  501(c)(3) of the Internal Revenue Code to implement an
  182  integrated student support service model that provides students
  183  and families with access to wrap-around services, including, but
  184  not limited to, health services, after-school programs, drug
  185  prevention programs, college and career readiness programs, and
  186  food and clothing banks.
  187         (b) Before distribution of the allocation, the school
  188  district shall develop and submit a plan for implementation to
  189  its school board for approval no later than August 1 of each
  190  fiscal year.
  191         (c) At a minimum, the plan required under paragraph (b)
  192  must:
  193         1. Establish comprehensive support services that develop
  194  family and community partnerships;
  195         2. Establish clearly defined and measurable high academic
  196  and character standards;
  197         3. Increase parental involvement and engagement in the
  198  child’s education;
  199         4. Describe how instructional personnel will be identified,
  200  recruited, retained, and rewarded;
  201         5. Provide professional development that focuses on
  202  academic rigor, direct instruction, and creating high academic
  203  and character standards;
  204         6. Provide focused instruction to improve student academic
  205  proficiency, which may include additional instruction time
  206  beyond the normal school day or school year; and
  207         7. Include a strategy for continuing to provide services
  208  after the school is no longer in turnaround status by virtue of
  209  achieving a grade of “C” or higher.
  210         (d) Each school district shall submit its approved plans to
  211  the commissioner by September 1 of each fiscal year.
  212         (e) Subject to legislative appropriation, each school
  213  district’s allocation must be based on the unweighted FTE
  214  student enrollment at the eligible schools and a per-FTE funding
  215  amount of $500 or as provided in the General Appropriations Act.
  216  The supplement provided in the General Appropriations Act shall
  217  be based on the most recent school grades and shall serve as a
  218  proxy for the official calculation. Once school grades are
  219  available for the school year immediately preceding the fiscal
  220  year coinciding with the appropriation, the supplement shall be
  221  recalculated for the official participating schools as part of
  222  the subsequent FEFP calculation. The commissioner may prepare a
  223  preliminary calculation so that districts may proceed with
  224  timely planning and use of the funds. If the calculated funds
  225  for the statewide allocation exceed the funds appropriated, the
  226  allocation of funds to each school district must be prorated
  227  based on each school district’s share of the total unweighted
  228  FTE student enrollment for the eligible schools.
  229         (f) Subject to legislative appropriation, each school shall
  230  remain eligible for the allocation for a maximum of 4 continuous
  231  fiscal years while implementing a turnaround option pursuant to
  232  s. 1008.33(4). In addition, a school that improves to a grade of
  233  “C” or higher shall remain eligible to receive the allocation
  234  for a maximum of 2 continuous fiscal years after exiting
  235  turnaround status.
  236         Section 3. Paragraph (n) of subsection (9) of section
  237  1002.33, Florida Statutes, is amended to read:
  238         1002.33 Charter schools.—
  240         (n)1. The director and a representative of the governing
  241  board of a charter school that has earned a grade of “D” or “F”
  242  pursuant to s. 1008.34 shall appear before the sponsor to
  243  present information concerning each contract component having
  244  noted deficiencies. The director and a representative of the
  245  governing board shall submit to the sponsor for approval a
  246  school improvement plan to raise student performance. Upon
  247  approval by the sponsor, the charter school shall begin
  248  implementation of the school improvement plan. The department
  249  shall offer technical assistance and training to the charter
  250  school and its governing board and establish guidelines for
  251  developing, submitting, and approving such plans.
  252         2.a. If a charter school earns three consecutive grades
  253  below a “C,” the charter school governing board shall choose one
  254  of the following corrective actions:
  255         (I) Contract for educational services to be provided
  256  directly to students, instructional personnel, and school
  257  administrators, as prescribed in state board rule;
  258         (II) Contract with an outside entity that has a
  259  demonstrated record of effectiveness to operate the school;
  260         (III) Reorganize the school under a new director or
  261  principal who is authorized to hire new staff; or
  262         (IV) Voluntarily close the charter school.
  263         b. The charter school must implement the corrective action
  264  in the school year following receipt of a third consecutive
  265  grade below a “C.”
  266         c. The sponsor may annually waive a corrective action if it
  267  determines that the charter school is likely to improve a letter
  268  grade if additional time is provided to implement the
  269  intervention and support strategies prescribed by the school
  270  improvement plan. Notwithstanding this sub-subparagraph, a
  271  charter school that earns a second consecutive grade of “F” is
  272  subject to subparagraph 3.
  273         d. A charter school is no longer required to implement a
  274  corrective action if it improves to a “C” or higher. However,
  275  the charter school must continue to implement strategies
  276  identified in the school improvement plan. The sponsor must
  277  annually review implementation of the school improvement plan to
  278  monitor the school’s continued improvement pursuant to
  279  subparagraph 4.
  280         e. A charter school implementing a corrective action that
  281  does not improve to a “C” or higher after 2 full school years of
  282  implementing the corrective action must select a different
  283  corrective action. Implementation of the new corrective action
  284  must begin in the school year following the implementation
  285  period of the existing corrective action, unless the sponsor
  286  determines that the charter school is likely to improve to a “C”
  287  or higher if additional time is provided to implement the
  288  existing corrective action. Notwithstanding this sub
  289  subparagraph, a charter school that earns a second consecutive
  290  grade of “F” while implementing a corrective action is subject
  291  to subparagraph 3.
  292         3. A charter school’s charter contract is automatically
  293  terminated if the school earns two consecutive grades of “F”
  294  after all school grade appeals are final unless:
  295         a. The charter school is established to turn around the
  296  performance of a district public school pursuant to s.
  297  1008(4)(c)2 s. 1008.33(4)(b)2. Such charter schools shall be
  298  governed by s. 1008.33;
  299         b. The charter school serves a student population the
  300  majority of which resides in a school zone served by a district
  301  public school subject to s. 1008.33(4) and the charter school
  302  earns at least a grade of “D” in its third year of operation.
  303  The exception provided under this sub-subparagraph does not
  304  apply to a charter school in its fourth year of operation and
  305  thereafter; or
  306         c. The state board grants the charter school a waiver of
  307  termination. The charter school must request the waiver within
  308  15 days after the department’s official release of school
  309  grades. The state board may waive termination if the charter
  310  school demonstrates that the Learning Gains of its students on
  311  statewide assessments are comparable to or better than the
  312  Learning Gains of similarly situated students enrolled in nearby
  313  district public schools. The waiver is valid for 1 year and may
  314  only be granted once. Charter schools that have been in
  315  operation for more than 5 years are not eligible for a waiver
  316  under this sub-subparagraph.
  318  The sponsor shall notify the charter school’s governing board,
  319  the charter school principal, and the department in writing when
  320  a charter contract is terminated under this subparagraph. A
  321  charter terminated under this subparagraph must follow the
  322  procedures for dissolution and reversion of public funds
  323  pursuant to paragraphs (8)(d)-(f) and (9)(o).
  324         4. The director and a representative of the governing board
  325  of a graded charter school that has implemented a school
  326  improvement plan under this paragraph shall appear before the
  327  sponsor at least once a year to present information regarding
  328  the progress of intervention and support strategies implemented
  329  by the school pursuant to the school improvement plan and
  330  corrective actions, if applicable. The sponsor shall communicate
  331  at the meeting, and in writing to the director, the services
  332  provided to the school to help the school address its
  333  deficiencies.
  334         5. Notwithstanding any provision of this paragraph except
  335  sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
  336  at any time pursuant to subsection (8).
  337         Section 4. Paragraph (b) of subsection (1) of section
  338  1002.332, Florida Statutes, is amended to read:
  339         1002.332 High-performing charter school system.—
  340         (1) For purposes of this section, the term:
  341         (b) “High-performing charter school system” means an entity
  342  that:
  343         1. Operated at least three high-performing charter schools
  344  in the state during each of the previous 3 school years;
  345         2. Operated a system of charter schools in which at least
  346  50 percent of the charter schools were high-performing charter
  347  schools pursuant to s. 1002.331 and no charter school earned a
  348  school grade of “D” or “F” pursuant to s. 1008.34 in any of the
  349  previous 3 school years regardless of whether the entity
  350  currently operates the charter school, except that:
  351         a. If the entity assumed operation of a public school
  352  pursuant to s. 1008.33(4)(c)2 s. 1008.33(4)(b)2. with a school
  353  grade of “F,” that school’s grade may not be considered in
  354  determining high-performing charter school system status for a
  355  period of 3 years.
  356         b. If the entity established a new charter school that
  357  served a student population the majority of which resided in a
  358  school zone served by a public school that earned a grade of “F”
  359  or three consecutive grades of “D” pursuant to s. 1008.34, that
  360  charter school’s grade may not be considered in determining
  361  high-performing charter school system status if it attained and
  362  maintained a school grade that was higher than that of the
  363  public school serving that school zone within 3 years after
  364  establishment; and
  365         3. Did not receive a financial audit that revealed one or
  366  more of the financial emergency conditions set forth in s.
  367  218.503(1) for any charter school assumed or established by the
  368  entity in the most recent 3 fiscal years for which such audits
  369  are available.
  370         Section 5. Paragraph (d) of subsection (1) and subsection
  371  (2) of section 1002.333, Florida Statutes, is amended to read:
  372         1002.333 Persistently low-performing schools.—
  373         (1) DEFINITIONS.—As used in this section, the term:
  374         (d) “School of hope” means:
  375         1. A charter school operated by a hope operator which:
  376         a. Serves students from one or more persistently low
  377  performing schools and students who reside in a Florida
  378  Opportunity Zone;
  379         b. Is located in a Florida Opportunity Zone or in the
  380  attendance zone of a persistently low-performing school or
  381  within a 5-mile radius of such school, whichever is greater; and
  382         c. Is a Title I eligible school; or
  383         2. A school operated by a hope operator pursuant to s.
  384  1008.33(4)(c)3 s. 1008.33(4)(b)3.
  385         (2) HOPE OPERATOR.—A hope operator is a nonprofit
  386  organization with tax exempt status under s. 501(c)(3) of the
  387  Internal Revenue Code that operates three or more charter
  388  schools that serve students in grades K-12 in Florida or other
  389  states with a record of serving students from low-income
  390  families and is designated by the State Board of Education as a
  391  hope operator based on a determination that:
  392         (a) The past performance of the hope operator meets or
  393  exceeds the following criteria:
  394         1. The achievement of enrolled students exceeds the
  395  district and state averages of the states in which the
  396  operator’s schools operate;
  397         2. The average college attendance rate at all schools
  398  currently operated by the operator exceeds 80 percent, if such
  399  data is available;
  400         3. The percentage of students eligible for a free or
  401  reduced price lunch under the National School Lunch Act enrolled
  402  at all schools currently operated by the operator exceeds 70
  403  percent;
  404         4. The operator is in good standing with the authorizer in
  405  each state in which it operates;
  406         5. The audited financial statements of the operator are
  407  free of material misstatements and going concern issues; and
  408         6. Other outcome measures as determined by the State Board
  409  of Education;
  410         (b) The operator was awarded a United States Department of
  411  Education Charter School Program Grant for Replication and
  412  Expansion of High-Quality Charter Schools within the preceding 3
  413  years before applying to be a hope operator;
  414         (c) The operator receives funding through the National Fund
  415  of the Charter School Growth Fund to accelerate the growth of
  416  the nation’s best charter schools; or
  417         (d) The operator is selected by a district school board in
  418  accordance with s. 1008.33.
  420  An entity that meets the requirements of paragraph (b),
  421  paragraph (c), or paragraph (d) before the adoption by the state
  422  board of measurable criteria pursuant to paragraph (a) shall be
  423  designated as a hope operator. After the adoption of the
  424  measurable criteria, an entity, including a governing board that
  425  operates a school established pursuant to s. 1008(4)(c)3 s.
  426  1008.33(4)(b)3., shall be designated as a hope operator if it
  427  meets the criteria of paragraph (a).
  428         Section 6. This act shall take effect July 1, 2020.