Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 62
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LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Education (Stargel) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (6) of section 212.055, Florida
6 Statutes, is amended to read:
7 212.055 Discretionary sales surtaxes; legislative intent;
8 authorization and use of proceeds.—It is the legislative intent
9 that any authorization for imposition of a discretionary sales
10 surtax shall be published in the Florida Statutes as a
11 subsection of this section, irrespective of the duration of the
12 levy. Each enactment shall specify the types of counties
13 authorized to levy; the rate or rates which may be imposed; the
14 maximum length of time the surtax may be imposed, if any; the
15 procedure which must be followed to secure voter approval, if
16 required; the purpose for which the proceeds may be expended;
17 and such other requirements as the Legislature may provide.
18 Taxable transactions and administrative procedures shall be as
19 provided in s. 212.054.
20 (6) SCHOOL CAPITAL OUTLAY SURTAX.—
21 (a) The school board in each county may levy, pursuant to
22 resolution conditioned to take effect only upon approval by a
23 majority vote of the electors of the county voting in a
24 referendum, a discretionary sales surtax at a rate that may not
25 exceed 0.5 percent.
26 (b) The resolution must shall include a statement that
27 provides a brief and general description of the school capital
28 outlay projects to be funded by the surtax. The resolution must
29 also include a statement that the revenues collected must be
30 shared with charter schools based on their proportionate share
31 of total school district enrollment. The statement must shall
32 conform to the requirements of s. 101.161 and shall be placed on
33 the ballot by the governing body of the county. The following
34 question shall be placed on the ballot:
35
36 ....FOR THE ....CENTS TAX
37 ....AGAINST THE ....CENTS TAX
38
39 (c) The resolution providing for the imposition of the
40 surtax must shall set forth a plan for use of the surtax
41 proceeds for fixed capital expenditures or fixed capital costs
42 associated with the construction, reconstruction, or improvement
43 of school facilities and campuses which have a useful life
44 expectancy of 5 or more years, and any land acquisition, land
45 improvement, design, and engineering costs related thereto.
46 Additionally, the plan shall include the costs of retrofitting
47 and providing for technology implementation, including hardware
48 and software, for the various sites within the school district.
49 Surtax revenues may be used for the purpose of servicing bond
50 indebtedness to finance projects authorized by this subsection,
51 and any interest accrued thereto may be held in trust to finance
52 such projects. Neither the proceeds of the surtax nor any
53 interest accrued thereto shall be used for operational expenses.
54 Surtax revenues shared with charter schools shall be expended by
55 the charter school in a manner consistent with the allowable
56 uses in s.1013.62(4). All revenues and expenditures shall be
57 accounted for in a charter school’s monthly or quarterly
58 financial report pursuant to s. 1002.33(9).
59 (d) Surtax revenues collected by the Department of Revenue
60 pursuant to this subsection shall be distributed to the school
61 board imposing the surtax in accordance with law.
62 Section 2. Section 1007.271, Florida Statutes, is amended
63 to read:
64 1007.271 Dual enrollment programs.—
65 (1) The dual enrollment program is the enrollment of an
66 eligible secondary student or home education student in a
67 postsecondary course creditable toward high school completion
68 and a career certificate or an associate or baccalaureate
69 degree. A student who is enrolled in postsecondary instruction
70 that is not creditable toward a high school diploma may not be
71 classified as a dual enrollment student.
72 (2) For the purpose of this section, an eligible secondary
73 student is a student who is enrolled in any of grades 6 through
74 12 in a Florida public school or in a Florida private school
75 that is in compliance with s. 1002.42(2) and provides a
76 secondary curriculum pursuant to s. 1003.4282, or who is
77 enrolled in a home education program pursuant to s. 1002.41.
78 Students who are eligible for dual enrollment pursuant to this
79 section may enroll in dual enrollment courses conducted during
80 school hours, after school hours, and during the summer term.
81 However, if the student is projected to graduate from high
82 school before the scheduled completion date of a postsecondary
83 course, the student may not register for that course through
84 dual enrollment. The student may apply to the postsecondary
85 institution and pay the required registration, tuition, and fees
86 if the student meets the postsecondary institution’s admissions
87 requirements under s. 1007.263. Instructional time for dual
88 enrollment may vary from 900 hours; however, the full-time
89 equivalent student membership value shall be subject to the
90 provisions in s. 1011.61(4). A student enrolled as a dual
91 enrollment student is exempt from the payment of registration,
92 tuition, and laboratory fees. Applied academics for adult
93 education instruction, developmental education, and other forms
94 of precollegiate instruction, as well as physical education
95 courses that focus on the physical execution of a skill rather
96 than the intellectual attributes of the activity, are ineligible
97 for inclusion in the dual enrollment program. Recreation and
98 leisure studies courses shall be evaluated individually in the
99 same manner as physical education courses for potential
100 inclusion in the program.
101 (3) Student eligibility requirements For initial enrollment
102 in college credit dual enrollment courses, a student must
103 achieve include a 3.0 unweighted high school grade point average
104 and the minimum score on a common placement test adopted by the
105 State Board of Education which indicates that the student is
106 ready for college-level coursework. Student eligibility
107 requirements For continued enrollment in college credit dual
108 enrollment courses, a student must maintain a minimum must
109 include the maintenance of a 3.0 unweighted high school grade
110 point average and the minimum postsecondary grade point average
111 established by the postsecondary institution. Regardless of
112 meeting student eligibility requirements for continued
113 enrollment, a student may lose the opportunity to participate in
114 a dual enrollment course if the student is disruptive to the
115 learning process such that the progress of other students or the
116 efficient administration of the course is hindered. Student
117 eligibility requirements for initial and continued enrollment in
118 career certificate dual enrollment courses must include a 2.0
119 unweighted high school grade point average. An exception
120 Exceptions to the required grade point average for career
121 certificate dual enrollment averages may be granted on an
122 individual student basis. An exception to the required grade
123 point average for college credit dual enrollment may be granted
124 for students who achieve higher scores than the established
125 minimum on the common placement test adopted by the State Board
126 of Education. Any exception to the required grade point average
127 must be specified in if the educational entities agree and the
128 terms of the agreement are contained within the dual enrollment
129 articulation agreement established pursuant to subsection (21).
130 A postsecondary institution Florida College System institution
131 boards of trustees may not establish additional initial student
132 academic eligibility requirements, which shall be included in
133 the dual enrollment articulation agreement, to ensure student
134 readiness for postsecondary instruction. Additional requirements
135 included in the agreement may not arbitrarily prohibit students
136 who have demonstrated the ability to master advanced courses
137 from participating in dual enrollment courses or limit the
138 number of dual enrollment courses in which a student may enroll
139 based solely upon enrollment by the student at an independent
140 postsecondary institution.
141 (4) District school boards may not refuse to enter into a
142 dual enrollment articulation agreement with a local Florida
143 College System institution if that Florida College System
144 institution has the capacity to offer dual enrollment courses.
145 (5) A district school board or Florida College System
146 institution may not deny a student who has met the state
147 eligibility requirements from participating in dual enrollment
148 unless the institution documents that it does not have the
149 capacity to accommodate all eligible students seeking to
150 participate in the dual enrollment program. If the institution
151 documents that it does not have the capacity to accommodate all
152 eligible students, participation must be based on a first-come,
153 first-served basis.
154 (6)(5)(a) Each faculty member providing instruction in
155 college credit dual enrollment courses must:
156 1. Meet the qualifications required by the entity
157 accrediting the postsecondary institution offering the course.
158 The qualifications apply to all faculty members regardless of
159 the location of instruction. The postsecondary institution
160 offering the course must require compliance with these
161 qualifications.
162 2. Provide the institution offering the dual enrollment
163 course a copy of his or her postsecondary transcript.
164 3. Provide a copy of the current syllabus for each course
165 taught to the discipline chair or department chair of the
166 postsecondary institution before the start of each term. The
167 content of each syllabus must meet the same standards required
168 for all college-level courses offered by that postsecondary
169 institution.
170 4. Adhere to the professional rules, guidelines, and
171 expectations stated in the postsecondary institution’s faculty
172 or adjunct faculty handbook. Any exceptions must be included in
173 the dual enrollment articulation agreement.
174 5. Adhere to the rules, guidelines, and expectations stated
175 in the postsecondary institution’s student handbook which apply
176 to faculty members. Any exceptions must be noted in the dual
177 enrollment articulation agreement.
178 (b) Each president, or designee, of a postsecondary
179 institution offering a college credit dual enrollment course
180 must:
181 1. Provide a copy of the institution’s current faculty or
182 adjunct faculty handbook to all faculty members teaching a dual
183 enrollment course.
184 2. Provide to all faculty members teaching a dual
185 enrollment course a copy of the institution’s current student
186 handbook, which may include, but is not limited to, information
187 on registration policies, the student code of conduct, grading
188 policies, and critical dates.
189 3. Designate an individual or individuals to observe all
190 faculty members teaching a dual enrollment course, regardless of
191 the location of instruction.
192 4. Use the same criteria to evaluate faculty members
193 teaching a dual enrollment course as the criteria used to
194 evaluate all other faculty members.
195 5. Provide course plans and objectives to all faculty
196 members teaching a dual enrollment course.
197 (7)(6) The following curriculum standards apply to college
198 credit dual enrollment:
199 (a) Dual enrollment courses taught on the high school
200 campus must meet the same competencies required for courses
201 taught on the postsecondary institution campus. To ensure
202 equivalent rigor with courses taught on the postsecondary
203 institution campus, the postsecondary institution offering the
204 course is responsible for providing in a timely manner a
205 comprehensive, cumulative end-of-course assessment or a series
206 of assessments of all expected learning outcomes to the faculty
207 member teaching the course. Completed, scored assessments must
208 be returned to the postsecondary institution and held for 1
209 year.
210 (b) Instructional materials used in dual enrollment courses
211 must be the same as or comparable to those used in courses
212 offered by the postsecondary institution with the same course
213 prefix and number. The postsecondary institution must advise the
214 school district of instructional materials requirements as soon
215 as that information becomes available but no later than one term
216 before a course is offered.
217 (c) Course requirements, such as tests, papers, or other
218 assignments, for dual enrollment students must be at the same
219 level of rigor or depth as those for all nondual enrollment
220 postsecondary students. All faculty members teaching dual
221 enrollment courses must observe the procedures and deadlines of
222 the postsecondary institution for the submission of grades. A
223 postsecondary institution must advise each faculty member
224 teaching a dual enrollment course of the institution’s grading
225 guidelines before the faculty member begins teaching the course.
226 (d) Dual enrollment courses taught on a high school campus
227 may not be combined with any noncollege credit high school
228 course.
229 (8)(7) Career dual enrollment shall be provided as a
230 curricular option for secondary students to pursue in order to
231 earn industry certifications adopted pursuant to s. 1008.44,
232 which count as credits toward the high school diploma. Career
233 dual enrollment shall be available for secondary students
234 seeking a degree and industry certification through a career
235 education program or course. Each career center established
236 under s. 1001.44 shall enter into an agreement with each high
237 school in any school district it serves. Beginning with the
238 2019-2020 school year, the agreement must be completed annually
239 and submitted by the career center to the Department of
240 Education by October August 1. The agreement must:
241 (a) Identify the courses and programs that are available to
242 students through career dual enrollment and the clock hour
243 credits that students will earn upon completion of each course
244 and program.
245 (b) Delineate the high school credit earned for the
246 completion of each career dual enrollment course.
247 (c) Identify any college credit articulation agreements
248 associated with each clock hour program.
249 (d) Describe how students and their parents or legal
250 guardians will be informed of career dual enrollment
251 opportunities and related workforce demand, how students can
252 apply to participate in a career dual enrollment program and
253 register for courses through his or her high school, and the
254 postsecondary career education expectations for participating
255 students.
256 (e) Establish any additional eligibility requirements for
257 participation and a process for determining eligibility and
258 monitoring the progress of participating students.
259 (f) Delineate costs incurred by each entity and determine
260 how transportation will be provided for students who are unable
261 to provide their own transportation.
262 (9)(8) Each district school board shall inform all
263 secondary students and their parents or legal guardians of dual
264 enrollment as an educational option and mechanism for
265 acceleration. Students and their parents or legal guardians
266 shall be informed of student eligibility requirements, the
267 option for taking dual enrollment courses beyond the regular
268 school year, and the minimum academic credits required for
269 graduation. In addition, students and their parents or legal
270 guardians shall be informed that dual enrollment course grades
271 are included in the student’s college grade point average,
272 become a part of the student’s permanent academic record, and
273 may affect the student’s future financial aid eligibility. A
274 school may not enroll a student in a dual enrollment course
275 without an acknowledgment form on file, which must be signed by
276 both the student and the student’s parent or legal guardian,
277 indicating they have been informed of the dual enrollment
278 educational option and its provisions. District school boards
279 shall annually assess the demand for dual enrollment and provide
280 that information to each partnering postsecondary institution.
281 Alternative grade calculation, weighting systems, and
282 information regarding student education options that
283 discriminate against dual enrollment courses are prohibited.
284 (10)(9) The Commissioner of Education shall appoint faculty
285 committees representing public school, Florida College System
286 institution, and university faculties to identify postsecondary
287 courses that meet the high school graduation requirements of s.
288 1003.4282 and to establish the number of postsecondary semester
289 credit hours of instruction and equivalent high school credits
290 earned through dual enrollment pursuant to this section that are
291 necessary to meet high school graduation requirements. Such
292 equivalencies shall be determined solely on comparable course
293 content and not on seat time traditionally allocated to such
294 courses in high school. The Commissioner of Education shall
295 recommend to the State Board of Education those postsecondary
296 courses identified to meet high school graduation requirements,
297 based on mastery of course outcomes, by their course numbers,
298 and all high schools shall accept these postsecondary education
299 courses toward meeting the requirements of s. 1003.4282.
300 (11)(10) Early admission is a form of dual enrollment
301 through which eligible secondary students enroll in a
302 postsecondary institution on a full-time basis in courses that
303 are creditable toward the high school diploma and the associate
304 or baccalaureate degree. A student must enroll in a minimum of
305 12 college credit hours per semester or the equivalent to
306 participate in the early admission program; however, a student
307 may not be required to enroll in more than 15 college credit
308 hours per semester or the equivalent. Students enrolled pursuant
309 to this subsection are exempt from the payment of registration,
310 tuition, and laboratory fees.
311 (12)(11) Career early admission is a form of career dual
312 enrollment through which eligible secondary students enroll full
313 time in a career center or a Florida College System institution
314 in postsecondary programs leading to industry certifications, as
315 listed in the CAPE Postsecondary Industry Certification Funding
316 List pursuant to s. 1008.44, which are creditable toward the
317 high school diploma and the certificate or associate degree.
318 Participation in the career early admission program is limited
319 to students who have completed a minimum of 4 semesters of full
320 time secondary enrollment, including studies undertaken in the
321 ninth grade. Students enrolled pursuant to this section are
322 exempt from the payment of registration, tuition, and laboratory
323 fees.
324 (12) The State Board of Education shall adopt rules for any
325 dual enrollment programs involving requirements for high school
326 graduation.
327 (13)(a) The dual enrollment program for a home education
328 student, including, but not limited to, students with
329 disabilities, consists of the enrollment of an eligible home
330 education secondary student in a postsecondary course creditable
331 toward an associate degree, a career certificate, or a
332 baccalaureate degree. To participate in the dual enrollment
333 program, an eligible home education secondary student must:
334 1. Provide proof of enrollment in a home education program
335 pursuant to s. 1002.41.
336 2. Be responsible for his or her own transportation unless
337 provided for in the articulation agreement.
338 3. Sign a home education articulation agreement pursuant to
339 paragraph (b).
340 (b) Each public postsecondary institution eligible to
341 participate in the dual enrollment program pursuant to s.
342 1011.62(1)(i) must enter into a home education articulation
343 agreement with each home education student seeking enrollment in
344 a dual enrollment course and the student’s parent or legal
345 guardian. By October August 1 of each year, the eligible
346 postsecondary institution shall complete and submit the home
347 education articulation agreement to the Department of Education.
348 The home education articulation agreement must include, at a
349 minimum:
350 1. A delineation of courses and programs available to
351 dually enrolled home education students. Courses and programs
352 may be added, revised, or deleted at any time by the
353 postsecondary institution. Any course or program limitations may
354 not exceed the limitations for other dually enrolled students.
355 2. The initial and continued eligibility requirements for
356 home education student participation, not to exceed those
357 required of other dually enrolled students. A home education
358 student must meet the same minimum score requirement on a common
359 placement test which is required of other dually enrolled
360 students. A high school grade point average may not be required
361 for home education students who meet the minimum score on a
362 common placement test adopted by the State Board of Education
363 which indicates that the student is ready for college-level
364 coursework; however, home education student eligibility
365 requirements for continued enrollment in dual enrollment courses
366 must include the maintenance of the minimum postsecondary grade
367 point average established by the postsecondary institution for
368 other dually enrolled students.
369 3. The student’s responsibilities for providing his or her
370 own transportation.
371 4. A copy of the statement on transfer guarantees developed
372 by the Department of Education under subsection (15).
373 (14) The Department of Education shall approve any course
374 for inclusion in the dual enrollment program that is contained
375 within the statewide course numbering system. However,
376 developmental education and physical education and other courses
377 that focus on the physical execution of a skill rather than the
378 intellectual attributes of the activity, may not be so approved
379 but must be evaluated individually for potential inclusion in
380 the dual enrollment program. This subsection may not be
381 construed to mean that an independent postsecondary institution
382 eligible for inclusion in a dual enrollment or early admission
383 program pursuant to subsection (23) s. 1011.62 must participate
384 in the statewide course numbering system developed pursuant to
385 s. 1007.24 to participate in a dual enrollment program.
386 (15) The Department of Education shall develop a statement
387 on transfer guarantees to inform students and their parents or
388 legal guardians, prior to enrollment in a dual enrollment
389 course, of the potential for the dual enrollment course to
390 articulate as an elective or a general education course into a
391 postsecondary education certificate or degree program. The
392 statement shall be provided to each district school
393 superintendent, who shall include the statement in the
394 information provided to all secondary students and their parents
395 or legal guardians as required pursuant to this subsection. The
396 statement may also include additional information, including,
397 but not limited to, dual enrollment options, guarantees,
398 privileges, and responsibilities.
399 (16) Students who meet the eligibility requirements of this
400 section and who choose to participate in dual enrollment
401 programs are exempt from the payment of registration, tuition,
402 and laboratory fees.
403 (17) Instructional materials assigned for use within dual
404 enrollment courses shall be made available to dual enrollment
405 students from Florida public high schools, private schools, and
406 home education programs free of charge. This subsection does not
407 prohibit a Florida College System institution from providing
408 instructional materials at no cost to a home education student
409 or student from a private school. Instructional materials
410 purchased by a district school board or Florida College System
411 institution board of trustees on behalf of dual enrollment
412 students shall be the property of the board against which the
413 purchase is charged.
414 (18) School districts and Florida College System
415 institutions must weigh dual enrollment courses the same as
416 advanced placement, International Baccalaureate, and Advanced
417 International Certificate of Education courses when grade point
418 averages are calculated. Alternative grade calculation systems,
419 alternative grade weighting systems, and information regarding
420 student education options that discriminate against dual
421 enrollment courses are prohibited.
422 (19) The Commissioner of Education may approve dual
423 enrollment agreements for limited course offerings that have
424 statewide appeal. Such programs shall be limited to a single
425 site with multiple county participation.
426 (20) A postsecondary institution shall assign letter grades
427 to each student enrolled in a dual enrollment course. The letter
428 grade assigned by the postsecondary institution shall be posted
429 to the student’s high school transcript by the school district.
430 (21) Each district school superintendent and each public
431 postsecondary institution president shall develop a
432 comprehensive dual enrollment articulation agreement for the
433 respective school district and postsecondary institution. The
434 superintendent and president shall establish an articulation
435 committee for the purpose of developing the agreement. Each
436 state university president may designate a university
437 representative to participate in the development of a dual
438 enrollment articulation agreement. A dual enrollment
439 articulation agreement shall be completed and submitted annually
440 by the postsecondary institution to the Department of Education
441 on or before October August 1. The agreement must include, but
442 is not limited to:
443 (a) A ratification or modification of all existing
444 articulation agreements.
445 (b) A description of the process by which students and
446 their parents are informed about opportunities for student
447 participation in the dual enrollment program.
448 (c) A delineation of courses and programs available to
449 students eligible to participate in dual enrollment.
450 (d) A description of the process by which students and
451 their parents exercise options to participate in the dual
452 enrollment program.
453 (e) The agreed-upon common placement test scores and
454 corresponding grade point average that may be accepted for
455 initial student eligibility if an exception to the minimum grade
456 point average is authorized pursuant to subsection (3) A list of
457 any additional initial student eligibility requirements for
458 participation in the dual enrollment program.
459 (f) A delineation of the high school credit earned for the
460 passage of each dual enrollment course.
461 (g) A description of the process for informing students and
462 their parents of college-level course expectations.
463 (h) The policies and procedures, if any, for determining
464 exceptions to the required grade point averages on an individual
465 student basis.
466 (i) The registration policies for dual enrollment courses
467 as determined by the postsecondary institution.
468 (j) Exceptions, if any, to the professional rules,
469 guidelines, and expectations stated in the faculty or adjunct
470 faculty handbook for the postsecondary institution.
471 (k) Exceptions, if any, to the rules, guidelines, and
472 expectations stated in the student handbook of the postsecondary
473 institution which apply to faculty members.
474 (l) The responsibilities of the school district regarding
475 the determination of student eligibility before participating in
476 the dual enrollment program and the monitoring of student
477 performance while participating in the dual enrollment program.
478 (m) The responsibilities of the postsecondary institution
479 regarding the transmission of student grades in dual enrollment
480 courses to the school district.
481 (n) A funding provision that delineates costs incurred by
482 each entity.
483 1. School districts shall pay public postsecondary
484 institutions the in-state resident standard tuition rate per
485 credit hour from funds provided in the Florida Education Finance
486 Program when dual enrollment course instruction takes place on
487 the postsecondary institution’s campus and the course is taken
488 during the fall or spring term. When dual enrollment is provided
489 on the high school site by postsecondary institution faculty,
490 the school district shall reimburse the costs associated with
491 the postsecondary institution’s proportion of salary and
492 benefits to provide the instruction. When dual enrollment course
493 instruction is provided on the high school site by school
494 district faculty, the school district is not responsible for
495 payment to the postsecondary institution. A postsecondary
496 institution may enter into an agreement with the school district
497 to authorize teachers to teach dual enrollment courses at the
498 high school site or the postsecondary institution. A school
499 district may not deny a student access to dual enrollment unless
500 the student is ineligible to participate in the program subject
501 to provisions specifically outlined in this section.
502 2. Subject to annual appropriation in the General
503 Appropriations Act, a public postsecondary institution shall
504 receive an amount of funding equivalent to the standard tuition
505 rate per credit hour for each dual enrollment course taken by a
506 private school or home education student at the postsecondary
507 institution during the fall and spring terms, pursuant to s.
508 1009.31.
509 3.2. Subject to annual appropriation in the General
510 Appropriations Act, a public postsecondary institution shall
511 receive an amount of funding equivalent to the standard tuition
512 rate per credit hour for each dual enrollment course taken by a
513 student during the summer term, pursuant to s. 1009.31.
514 (o) Any institutional responsibilities for student
515 transportation, if provided.
516 (22) The Department of Education shall develop an
517 electronic submission system for dual enrollment articulation
518 agreements and shall review, for compliance, each dual
519 enrollment articulation agreement submitted pursuant to
520 subsections (13), (21), and (24). The Commissioner of Education
521 shall notify the district school superintendent and the Florida
522 College System institution president if the dual enrollment
523 articulation agreement does not comply with statutory
524 requirements and shall submit any dual enrollment articulation
525 agreement with unresolved issues of noncompliance to the State
526 Board of Education.
527 (23) District school boards and Florida College System
528 institutions may enter into additional dual enrollment
529 articulation agreements with state universities for the purposes
530 of this section. School districts may also enter into dual
531 enrollment articulation agreements with eligible independent
532 colleges and universities pursuant to s. 1011.62(1)(i). An
533 independent college or university that is not for profit, is
534 accredited by a regional or national accrediting agency
535 recognized by the United States Department of Education, and
536 confers degrees as defined in s. 1005.02 shall be eligible for
537 inclusion in the dual enrollment or early admission program. By
538 October August 1 of each year, the district school board and the
539 Florida College System institution shall complete and submit the
540 dual enrollment articulation agreement with the state university
541 or an eligible independent college or university, as applicable,
542 to the Department of Education.
543 (24)(a) The dual enrollment program for a private school
544 student consists of the enrollment of an eligible private school
545 student in a postsecondary course creditable toward an associate
546 degree, a career certificate, or a baccalaureate degree. In
547 addition, a private school in which a student, including, but
548 not limited to, students with disabilities, is enrolled must
549 award credit toward high school completion for the postsecondary
550 course under the dual enrollment program. To participate in the
551 dual enrollment program, an eligible private school student
552 must:
553 1. Provide proof of enrollment in a private school pursuant
554 to subsection (2).
555 2. Be responsible for his or her own instructional
556 materials and transportation unless provided for in the
557 articulation agreement.
558 3. Sign a private school articulation agreement pursuant to
559 paragraph (b).
560 (b) Each public postsecondary institution eligible to
561 participate in the dual enrollment program pursuant to s.
562 1011.62(1)(i) must enter into a private school articulation
563 agreement with each eligible private school in its geographic
564 service area seeking to offer dual enrollment courses to its
565 students, including, but not limited to, students with
566 disabilities. By October August 1 of each year, the eligible
567 postsecondary institution shall complete and submit the private
568 school articulation agreement to the Department of Education.
569 The private school articulation agreement must include, at a
570 minimum:
571 1. A delineation of courses and programs available to the
572 private school student. The postsecondary institution may add,
573 revise, or delete courses and programs at any time.
574 2. The initial and continued eligibility requirements for
575 private school student participation, not to exceed those
576 required of other dual enrollment students.
577 3. The student’s responsibilities for providing his or her
578 own instructional materials and transportation.
579 4. A provision clarifying that the private school will
580 award appropriate credit toward high school completion for the
581 postsecondary course under the dual enrollment program.
582 5. A provision expressing that the private school of
583 enrollment is exempt from the payment of costs associated with
584 tuition and fees, including registration, and laboratory fees,
585 will not be passed along to the student.
586 (25) For students with disabilities, a postsecondary
587 institution eligible to participate in dual enrollment pursuant
588 to s. 1011.62(1)(i) shall include in its dual enrollment
589 articulation agreement, services and resources that are
590 available to students with disabilities who register in a dual
591 enrollment course at the eligible institution and provide
592 information regarding such services and resources to the Florida
593 Center for Students with Unique Abilities. The Department of
594 Education shall provide to the center the Internet website link
595 to dual enrollment articulation agreements specific to students
596 with disabilities. The center shall include in the information
597 that it is responsible for disseminating to students with
598 disabilities and their parents or legal guardians pursuant to s.
599 1004.6495, dual enrollment articulation agreements and
600 opportunities for meaningful campus experience through dual
601 enrollment.
602 (26) By November 30, 2021, and annually thereafter, the
603 commissioner must report to the Governor, the President of the
604 Senate, and the Speaker of the House of Representatives the
605 status of dual enrollment programs, including, at a minimum, a
606 summary of student enrollment and completion for public school,
607 private school, and home education program students enrolled at
608 public and private postsecondary institutions.
609 (27) The State Board of Education shall adopt rules for any
610 dual enrollment programs involving requirements for high school
611 graduation.
612 Section 3. Section 1007.273, Florida Statutes, is amended
613 to read:
614 1007.273 Early college program Collegiate high school
615 program.—
616 (1) Each Florida College System institution shall work with
617 each district school board in its designated service area to
618 establish one or more early college collegiate high school
619 programs. As used in this section, the term “early college
620 program” means a structured high school acceleration program in
621 which a cohort of students is taking postsecondary courses full
622 time toward an associate degree. The early college program must
623 prioritize courses applicable as general education core courses
624 under s. 1007.25 for an associate degree or a baccalaureate
625 degree.
626 (2) At a minimum, collegiate high school programs must
627 include an option for public school students in grade 11 or
628 grade 12 participating in the program, for at least 1 full
629 school year, to earn CAPE industry certifications pursuant to s.
630 1008.44 and to successfully complete 30 credit hours through the
631 dual enrollment program under s. 1007.271 toward the first year
632 of college for an associate degree or baccalaureate degree while
633 enrolled in the program.
634 (2)(3) Each district school board and its local Florida
635 College System institution shall execute a contract to establish
636 one or more early college collegiate high school programs at a
637 mutually agreed-upon agreed upon location or locations.
638 Beginning with the 2015-2016 school year, If the Florida College
639 System institution does not establish an early college a program
640 with a district school board in its designated service area,
641 another Florida College System institution may execute a
642 contract with that district school board to establish the early
643 college program. The contract must be executed by January 1 of
644 each school year for implementation of the program during the
645 next school year. The contract must:
646 (a) Identify the grade levels to be included in the early
647 college program collegiate high school program which must, at a
648 minimum, include grade 12.
649 (b) Describe the early college collegiate high school
650 program, including the delineation of courses that must, at a
651 minimum, include general education core courses pursuant to s.
652 1007.25; and industry certifications offered, including online
653 course availability; the high school and college credits earned
654 for each postsecondary course completed and industry
655 certification earned; student eligibility criteria; and the
656 enrollment process and relevant deadlines.
657 (c) Describe the methods, medium, and process by which
658 students and their parents or legal guardians are annually
659 informed about the availability of the early college collegiate
660 high school program, the return on investment associated with
661 participation in the early college program, and the information
662 described in paragraphs (a) and (b).
663 (d) Identify the delivery methods for instruction and the
664 instructors for all courses.
665 (e) Identify student advising services and progress
666 monitoring mechanisms.
667 (f) Establish a program review and reporting mechanism
668 regarding student performance outcomes.
669 (g) Describe the terms of funding arrangements to implement
670 the early college collegiate high school program pursuant to
671 subsection (5).
672 (3)(4) Each student participating in an early college a
673 collegiate high school program must enter into a student
674 performance contract, which must be signed by the student, the
675 parent or legal guardian, and a representative of the school
676 district and the applicable Florida College System institution
677 partner, state university, or other eligible postsecondary
678 institution partner participating pursuant to subsection (4)
679 (5). The performance contract must, at a minimum, specify
680 include the schedule of courses, by semester, and industry
681 certifications to be taken by the student, if any; student
682 attendance requirements;, and course grade requirements; and the
683 applicability of such courses to an associate degree or a
684 baccalaureate degree.
685 (4)(5) In addition to executing a contract with the local
686 Florida College System institution under this section, a
687 district school board may execute a contract to establish an
688 early college a collegiate high school program with a state
689 university or an institution that is eligible to participate in
690 the William L. Boyd, IV, Effective Access to Student Education
691 Grant Program, that is a nonprofit independent college or
692 university located and chartered in this state, and that is
693 accredited by the Commission on Colleges of the Southern
694 Association of Colleges and Schools to grant baccalaureate
695 degrees. Such university or institution must meet the
696 requirements specified under subsections (2) and (3) subsections
697 (3) and (4). A charter school may execute a contract directly
698 with the local Florida College System institution or another
699 institution as authorized under this section to establish an
700 early college program at a mutually agreed-upon location.
701 (5)(6) The early college collegiate high school program
702 shall be funded pursuant to ss. 1007.271 and 1011.62. The State
703 Board of Education shall enforce compliance with this section by
704 withholding the transfer of funds for the school districts and
705 the Florida College System institutions in accordance with s.
706 1008.32.
707 (6) By November 30, 2021, and annually thereafter, the
708 commissioner must report the status of early college programs,
709 including, at a minimum, a summary of student enrollment in
710 public and private postsecondary institutions and completion
711 information, to the Governor, the President of the Senate, and
712 the Speaker of the House of Representatives.
713 Section 4. Section 1009.31, Florida Statutes, is created to
714 read:
715 1009.31 Dual Enrollment Scholarship Program.—
716 (1) The Legislature finds and declares that dual enrollment
717 is an integral part of the education system in this state and
718 should be available for all eligible secondary students without
719 cost to the student. There is established the Dual Enrollment
720 Scholarship Program to support postsecondary institutions in
721 providing dual enrollment.
722 (2) The department shall administer the Dual Enrollment
723 Scholarship Program in accordance with rules of the State Board
724 of Education.
725 (3)(a) Beginning in the 2020 fall term, the program shall
726 reimburse eligible postsecondary institutions for tuition and
727 related instructional materials costs for dual enrollment
728 courses taken by private school or home education program
729 secondary students during the fall or spring terms.
730 (b) Beginning in the 2021 summer term, the program shall
731 reimburse eligible postsecondary institutions for tuition and
732 related instructional materials costs for dual enrollment
733 courses taken by public school, private school, or home
734 education program secondary students during the summer term.
735 (4) A student participating in a dual enrollment program
736 must meet the minimum eligibility requirements specified in s.
737 1007.271 in order for the institution to receive a
738 reimbursement.
739 (5) Annually, by March 15, each participating institution
740 must report to the department its eligible secondary students
741 from private schools or home education programs who were
742 enrolled during the previous fall or spring terms. Annually, by
743 July 15, each participating institution must report to the
744 department its eligible public school, private school, or home
745 education program students who were enrolled during the summer
746 term. For each dual enrollment course in which the student is
747 enrolled, the report must include a unique student identifier,
748 the postsecondary institution name, the postsecondary course
749 number, the postsecondary course name, and the number of
750 postsecondary course credits earned by the student.
751 (6)(a) Florida College System institutions shall be
752 reimbursed for college credit instruction at the in-state
753 resident tuition rate established in s. 1009.23(3)(a).
754 (b) State universities and independent postsecondary
755 institutions shall be reimbursed at the standard tuition rate
756 established in s. 1009.24(4)(a).
757 (c) Workforce education instruction leading to a career
758 certificate or an applied technology diploma shall be reimbursed
759 at the standard tuition rate established in s. 1009.22(3)(c).
760 (d) Institutions shall be reimbursed for instructional
761 materials costs based on a rate as specified in the General
762 Appropriations Act.
763 (7) For dual enrollment courses taken during the fall and
764 spring terms, the department must reimburse institutions by
765 April 15 of the same year. For dual enrollment courses taken
766 during the summer term, the department must reimburse
767 institutions by August 15 of the same year, before the beginning
768 of the next academic year.
769 (8) Reimbursement for dual enrollment courses is contingent
770 upon an appropriation in the General Appropriations Act each
771 year. If the statewide reimbursement amount is greater than the
772 appropriation, the institutional reimbursement amounts specified
773 in subsection (6) shall be prorated among the institutions that
774 have reported eligible students to the department by the
775 deadlines specified in subsection (5).
776 (9) The State Board of Education shall adopt rules to
777 implement this section.
778 Section 5. Paragraph (i) of subsection (1) and subsections
779 (11), (16), and (17) of section 1011.62, Florida Statutes, are
780 amended, and subsection (22) is added to that section, to read:
781 1011.62 Funds for operation of schools.—If the annual
782 allocation from the Florida Education Finance Program to each
783 district for operation of schools is not determined in the
784 annual appropriations act or the substantive bill implementing
785 the annual appropriations act, it shall be determined as
786 follows:
787 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
788 OPERATION.—The following procedure shall be followed in
789 determining the annual allocation to each district for
790 operation:
791 (i) Calculation of full-time equivalent membership with
792 respect to dual enrollment instruction.—
793 1. Full-time equivalent students.—Students enrolled in dual
794 enrollment instruction pursuant to s. 1007.271 may be included
795 in calculations of full-time equivalent student memberships for
796 basic programs for grades 9 through 12 by a district school
797 board. Instructional time for dual enrollment may vary from 900
798 hours; however, the full-time equivalent student membership
799 value shall be subject to the provisions in s. 1011.61(4). Dual
800 enrollment full-time equivalent student membership shall be
801 calculated in an amount equal to the hours of instruction that
802 would be necessary to earn the full-time equivalent student
803 membership for an equivalent course if it were taught in the
804 school district. Students in dual enrollment courses may also be
805 calculated as the proportional shares of full-time equivalent
806 enrollments they generate for a Florida College System
807 institution or university conducting the dual enrollment
808 instruction. Early admission students shall be considered dual
809 enrollments for funding purposes. Students may be enrolled in
810 dual enrollment instruction provided by an eligible independent
811 college or university and may be included in calculations of
812 full-time equivalent student memberships for basic programs for
813 grades 9 through 12 by a district school board. However, those
814 provisions of law which exempt dual enrolled and early admission
815 students from payment of instructional materials and tuition and
816 fees, including laboratory fees, shall not apply to students who
817 select the option of enrolling in an eligible independent
818 institution. An independent college or university, which is not
819 for profit, is accredited by a regional or national accrediting
820 agency recognized by the United States Department of Education,
821 and confers degrees as defined in s. 1005.02 shall be eligible
822 for inclusion in the dual enrollment or early admission program.
823 Students enrolled in dual enrollment instruction shall be exempt
824 from the payment of tuition and fees, including laboratory fees.
825 No student enrolled in college credit mathematics or English
826 dual enrollment instruction shall be funded as a dual enrollment
827 unless the student has successfully completed the relevant
828 section of the entry-level examination required pursuant to s.
829 1008.30.
830 2. Additional full-time equivalent student membership.—For
831 students enrolled in an early college program pursuant to s.
832 1007.273, a value of 0.16 full-time equivalent student
833 membership shall be calculated for each student who completes a
834 general education core course through the dual enrollment
835 program with a grade of “C” or better. For students who are not
836 enrolled in an early college program, a value of 0.08 full-time
837 equivalent student membership shall be calculated for each
838 student who completes a general education core course through
839 the dual enrollment program with a grade of “C” or better. In
840 addition, a value of 0.3 full-time equivalent student membership
841 shall be calculated for any student who receives an associate
842 degree through the dual enrollment program with a 3.0 grade
843 point average or better. This value shall be added to the total
844 full-time equivalent student membership in basic programs for
845 grades 9 through 12 in the subsequent fiscal year. This section
846 shall be effective for credit earned by dually enrolled students
847 for courses taken in the 2020-2021 school year and each school
848 year thereafter. If the associate degree described in this
849 paragraph is earned in 2020-2021 following completion of courses
850 taken in the 2020-2021 school year, then courses taken toward
851 the degree as part of the dual enrollment program before 2020
852 2021 may not preclude eligibility for the 0.3 additional full
853 time equivalent student membership bonus. Each school district
854 shall allocate at least 50 percent of the funds received from
855 the dual enrollment bonus FTE funding, in accordance with this
856 paragraph, to the schools that generated the funds to support
857 student academic guidance and postsecondary readiness.
858 3. Qualifying courses.—For the purposes of this paragraph,
859 general education core courses are those that are identified in
860 rule by the State Board of Education and in regulation by the
861 Board of Governors pursuant to s. 1007.25(3).
862 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
863 annually provide in the Florida Education Finance Program a
864 virtual education contribution. The amount of the virtual
865 education contribution shall be the difference between the
866 amount per FTE established in the General Appropriations Act for
867 virtual education and the amount per FTE for each district and
868 the Florida Virtual School, which may be calculated by taking
869 the sum of the base FEFP allocation, the discretionary local
870 effort, the state-funded discretionary contribution, the
871 discretionary millage compression supplement, the research-based
872 reading instruction allocation, the teacher salary increase
873 allocation best and brightest teacher and principal allocation,
874 and the instructional materials allocation, and then dividing by
875 the total unweighted FTE. This difference shall be multiplied by
876 the virtual education unweighted FTE for programs and options
877 identified in s. 1002.455 and the Florida Virtual School and its
878 franchises to equal the virtual education contribution and shall
879 be included as a separate allocation in the funding formula.
880 (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
881 assistance allocation is created to provide funding to assist
882 school districts in establishing or expanding school-based
883 mental health care; train educators and other school staff in
884 detecting and responding to mental health issues; and connect
885 children, youth, and families who may experience behavioral
886 health issues with appropriate services. These funds shall be
887 allocated annually in the General Appropriations Act or other
888 law to each eligible school district. Each school district shall
889 receive a minimum of $100,000, with the remaining balance
890 allocated based on each school district’s proportionate share of
891 the state’s total unweighted full-time equivalent student
892 enrollment. Charter schools that submit a plan separate from the
893 school district are entitled to a proportionate share of
894 district funding. The allocated funds may not supplant funds
895 that are provided for this purpose from other operating funds
896 and may not be used to increase salaries or provide bonuses.
897 School districts are encouraged to maximize third-party health
898 insurance benefits and Medicaid claiming for services, where
899 appropriate.
900 (a) Before the distribution of the allocation:
901 1. The school district shall must develop and submit a
902 detailed plan outlining the local program and planned
903 expenditures to the district school board for approval. The This
904 plan, which must include input from school and community
905 stakeholders, applies to all district schools, including charter
906 schools, unless a charter school elects to submit a plan
907 independently from the school district pursuant to subparagraph
908 2.
909 2. A charter school may develop and submit a detailed plan
910 outlining the local program and planned expenditures to its
911 governing body for approval. After the plan is approved by the
912 governing body, it must be provided to the charter school’s
913 sponsor.
914 (b) The plans required under paragraph (a) must be focused
915 on a multitiered system of supports to deliver evidence-based
916 mental health care assessment, diagnosis, intervention,
917 treatment, and recovery services to students with one or more
918 mental health or co-occurring substance abuse diagnoses and to
919 students at high risk of such diagnoses. The provision of these
920 services must be coordinated with a student’s primary mental
921 health care provider and with other mental health providers
922 involved in the student’s care. At a minimum, the plans must
923 include the following elements:
924 1. Direct employment of school-based mental health services
925 providers to expand and enhance school-based student services
926 and to reduce the ratio of students to staff in order to better
927 align with nationally recommended ratio models. These providers
928 include, but are not limited to, certified school counselors,
929 school psychologists, school social workers, and other licensed
930 mental health professionals. The plan also must establish
931 identify strategies to increase the amount of time that school
932 based student services personnel spend providing direct services
933 to students, which may include the review and revision of
934 district staffing resource allocations based on school or
935 student mental health assistance needs.
936 2. Contracts or interagency agreements with one or more
937 local community behavioral health providers or providers of
938 Community Action Team services to provide a behavioral health
939 staff presence and services at district schools. Services may
940 include, but are not limited to, mental health screenings and
941 assessments, individual counseling, family counseling, group
942 counseling, psychiatric or psychological services, trauma
943 informed care, mobile crisis services, and behavior
944 modification. These behavioral health services may be provided
945 on or off the school campus and may be supplemented by
946 telehealth.
947 3. Policies and procedures, including contracts with
948 service providers, which will ensure that students who are
949 referred to a school-based or community-based mental health
950 service provider for mental health screening for the
951 identification of mental health concerns and ensure that the
952 assessment of students at risk for mental health disorders
953 occurs within 15 days of referral. School-based mental health
954 services must be initiated within 15 days after identification
955 and assessment, and support by community-based mental health
956 service providers for students who are referred for community
957 based mental health services must be initiated within 30 days
958 after the school or district makes a referral.
959 4. Mental health policies and procedures that implement and
960 support all of the following elements:
961 a. Universal supports to promote psychological well-being
962 and safe and supportive environments.
963 b. Evidence-based strategies or programs to reduce the
964 likelihood of at-risk students developing social, emotional, or
965 behavioral health problems, depression, anxiety disorders,
966 suicidal tendencies, or substance use disorders.
967 c.5. Strategies to improve the early identification of
968 social, emotional, or behavioral problems or substance use
969 disorders; provide, to improve the provision of early
970 intervention services;, and to assist students in dealing with
971 trauma and violence.
972 d. Methods for responding to a student with suicidal
973 ideation, including training in suicide risk assessment and the
974 use of suicide awareness, prevention, and screening instruments
975 developed under s. 1012.583; adoption of guidelines for
976 informing parents of suicide risk; and implementation of board
977 policies for initiating involuntary examination of students at
978 risk of suicide.
979 e. A school crisis response plan that includes strategies
980 for the prevention of, preparation for, response to, and
981 recovery from a range of school crises. The plan must establish
982 or coordinate the implementation of district-level and school
983 level crisis response teams whose membership includes, but is
984 not limited to, representatives of school administration and
985 school-based mental health service providers.
986 (c) School districts shall submit approved plans, including
987 approved plans of each charter school in the district, to the
988 commissioner by August 1 of each fiscal year.
989 (d) By September 30 of each year Beginning September 30,
990 2019, and annually by September 30 thereafter, each school
991 district shall submit its district report to the department. By
992 November 1 of each year, the department shall submit a state
993 summary report to the Governor, the President of the Senate, and
994 the Speaker of the House of Representatives on Department of
995 Education a report on its program outcomes and expenditures for
996 the previous fiscal year. The school district report must
997 include program outcomes and expenditures for all public schools
998 in the district, including charter schools that submitted a
999 separate plan pursuant to subparagraph (16)(a)2. At a minimum,
1000 the district and state reports also must that, at a minimum,
1001 must include school district-level and school-level information,
1002 including charter schools, which gives multiple-year trend data,
1003 when available, for each of the number of each of the following
1004 indicators:
1005 1. The number of students who receive screenings or
1006 assessments.
1007 2. The number of students who are referred to either
1008 school-based or community-based providers for services or
1009 assistance.
1010 3. The number of students who receive either school-based
1011 or community-based interventions, services, or assistance.
1012 4. The number of school-based and community-based mental
1013 health providers, including licensure type, paid for from funds
1014 provided through the allocation.
1015 5. The number and ratio to students of school social
1016 workers, school psychologists, and certified school counselors
1017 employed by the district or charter school and the total number
1018 of licensed mental health professionals directly employed by the
1019 district or charter school.
1020 6. Contract-based collaborative efforts or partnerships
1021 with community mental health programs, agencies, or providers.
1022 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
1023 provide an annual funding compression allocation in the General
1024 Appropriations Act. The allocation is created to provide
1025 additional funding to school districts and developmental
1026 research schools whose total funds per FTE in the prior year
1027 were less than the statewide average. Using the most recent
1028 prior year FEFP calculation for each eligible school district,
1029 the total funds per FTE shall be subtracted from the state
1030 average funds per FTE, not including any adjustments made
1031 pursuant to paragraph (19)(b). The resulting funds per FTE
1032 difference, or a portion thereof, as designated in the General
1033 Appropriations Act, shall then be multiplied by the school
1034 district’s total unweighted FTE to provide the allocation. If
1035 the calculated funds are greater than the amount included in the
1036 General Appropriations Act, they must be prorated to the
1037 appropriation amount based on each participating school
1038 district’s share. This subsection expires July 1, 2020.
1039 (22) TEACHER SALARY INCREASE ALLOCATION.—The Teacher Salary
1040 Increase Allocation is created to increase teacher salaries and
1041 improve this state’s relative teacher salary position when
1042 compared with teacher salaries in other states.
1043 (a) Subject to annual appropriation, funds may be provided
1044 for each school district to increase the minimum base salary for
1045 full-time classroom teachers as defined in s. 1012.01(2)(a) or
1046 all instructional personnel as defined in s. 1012.01(2)(a)-(d),
1047 plus certified prekindergarten teachers, but not including
1048 substitute teachers, by no less than the amount designated in
1049 the General Appropriations Act. In addition, funds may also be
1050 provided in an amount designated in the General Appropriations
1051 Act for salary increases for all full-time instructional
1052 personnel as determined by the school board and the local
1053 bargaining unit.
1054 (b) Funds for this purpose shall be allocated on each
1055 district’s share of the base FEFP allocation. Funds for the
1056 minimum base salary increase may be provided in multiple years
1057 in order to achieve a particular salary goal. As used in this
1058 subsection, the term “minimum base salary” means the base annual
1059 salary before payroll deductions and excluding additional
1060 supplements.
1061 Section 6. Subsections (1) and (3) of section 1013.62,
1062 Florida Statutes, are amended to read:
1063 1013.62 Charter schools capital outlay funding.—
1064 (1) For the 2018-2019 fiscal year, Charter school capital
1065 outlay funding shall consist of state funds appropriated in the
1066 2018-2019 General Appropriations Act; however, if the amount of
1067 state funds appropriated for charter school capital outlay in a
1068 given fiscal year is less than $165 million, charter school
1069 capital outlay funding for that fiscal year shall consist of the
1070 appropriated state funds and revenue resulting from the
1071 discretionary millage authorized in s. 1011.71(2). Beginning in
1072 fiscal year 2019-2020, charter school capital outlay funding
1073 shall consist of state funds when such funds are appropriated in
1074 the General Appropriations Act and revenue resulting from the
1075 discretionary millage authorized in s. 1011.71(2) if the amount
1076 of state funds appropriated for charter school capital outlay in
1077 any fiscal year is less than the average charter school capital
1078 outlay funds per unweighted full-time equivalent student for the
1079 2018-2019 fiscal year, multiplied by the estimated number of
1080 charter school students for the applicable fiscal year, and
1081 adjusted by changes in the Consumer Price Index issued by the
1082 United States Department of Labor from the previous fiscal year.
1083 Nothing in this subsection prohibits a school district from
1084 distributing to charter schools funds resulting from the
1085 discretionary millage authorized in s. 1011.71(2).
1086 (a) To be eligible to receive capital outlay funds, a
1087 charter school must:
1088 1.a. Have been in operation for 2 or more years;
1089 b. Be governed by a governing board established in the
1090 state for 2 or more years which operates both charter schools
1091 and conversion charter schools within the state;
1092 c. Be an expanded feeder chain of a charter school within
1093 the same school district that is currently receiving charter
1094 school capital outlay funds;
1095 d. Have been accredited by a regional accrediting
1096 association as defined by State Board of Education rule; or
1097 e. Serve students in facilities that are provided by a
1098 business partner for a charter school-in-the-workplace pursuant
1099 to s. 1002.33(15)(b).
1100 2. Have an annual audit that does not reveal any of the
1101 financial emergency conditions provided in s. 218.503(1) for the
1102 most recent fiscal year for which such audit results are
1103 available.
1104 3. Have satisfactory student achievement based on state
1105 accountability standards applicable to the charter school.
1106 4. Have received final approval from its sponsor pursuant
1107 to s. 1002.33 for operation during that fiscal year.
1108 5. Serve students in facilities that are not provided by
1109 the charter school’s sponsor.
1110 (b) A charter school is not eligible to receive capital
1111 outlay funds if it was created by the conversion of a public
1112 school and operates in facilities provided by the charter
1113 school’s sponsor for a nominal fee, or at no charge, or if it is
1114 directly or indirectly operated by the school district.
1115 (c) The Legislature intends that the public interest be
1116 protected by preventing the financial enrichment of owners,
1117 operators, managers, and other affiliated parties of charter
1118 schools receiving capital outlay funding. Therefore, a charter
1119 school additionally is not eligible for a funding allocation
1120 unless the chair of the governing board and the chief
1121 administrative officer of the charter school annually certify
1122 under oath that the funds will be used solely and exclusively
1123 for constructing, renovating, or improving charter school
1124 facilities that are:
1125 1. Owned by a school district, a political subdivision of
1126 the state, a municipality, a Florida College System institution,
1127 or a state university;
1128 2. Owned by an organization qualified as an exempt
1129 organization under s. 501(c)(3) of the Internal Revenue Code
1130 whose articles of incorporation specify that upon the
1131 organization’s dissolution, the subject property will be
1132 transferred to a school district, a political subdivision of the
1133 state, a municipality, a Florida College System institution, or
1134 a state university; or
1135 3. Owned by and leased from, at a fair market value in the
1136 school district in which the charter school is located, a person
1137 or entity that is not an affiliated party of the charter school.
1138 For purposes of this subparagraph, the term “affiliated party of
1139 the charter school” means the applicant for the charter school
1140 pursuant to s. 1002.33; the governing board of the charter
1141 school or a member of the governing board; the charter school
1142 owner; the charter school principal; an employee of the charter
1143 school; an independent contractor of the charter school or the
1144 governing board of the charter school; or a relative, as defined
1145 in s. 1002.33(24)(a)2., of a charter school governing board
1146 member, a charter school owner, a charter school principal, a
1147 charter school employee, or an independent contractor of a
1148 charter school or charter school governing board; a subsidiary
1149 corporation, a service corporation, an affiliated corporation, a
1150 parent corporation, a limited liability company, a limited
1151 partnership, a trust, a partnership, or a related party that,
1152 individually or through one or more entities, shares common
1153 ownership or control and directly or indirectly manages,
1154 administers, controls, or oversees the operation of the charter
1155 school; or any person or entity, individually or through one or
1156 more entities that share common ownership, which directly or
1157 indirectly manages, administers, controls, or oversees the
1158 operation of any of the foregoing.
1159 (3) If the school board levies the discretionary millage
1160 authorized in s. 1011.71(2), and the state funds appropriated
1161 for charter school capital outlay in any fiscal year are less
1162 than $165 million the average charter school capital outlay
1163 funds per unweighted full-time equivalent student for the 2018
1164 2019 fiscal year, multiplied by the estimated number of charter
1165 school students for the applicable fiscal year, and adjusted by
1166 changes in the Consumer Price Index issued by the United States
1167 Department of Labor from the previous fiscal year, the
1168 department shall use the following calculation methodology to
1169 determine the amount of revenue that a school district must
1170 distribute to each eligible charter school:
1171 (a) Reduce the total discretionary millage revenue by the
1172 school district’s annual debt service obligation incurred as of
1173 March 1, 2017, which has not been subsequently retired, and any
1174 amount of participation requirement pursuant to s.
1175 1013.64(2)(a)8. that is being satisfied by revenues raised by
1176 the discretionary millage.
1177 (b) Divide the school district’s adjusted discretionary
1178 millage revenue by the district’s total capital outlay full-time
1179 equivalent membership and the total number of unweighted full
1180 time equivalent students of each eligible charter school to
1181 determine a capital outlay allocation per full-time equivalent
1182 student.
1183 (c) Multiply the capital outlay allocation per full-time
1184 equivalent student by the total number of full-time equivalent
1185 students of each eligible charter school to determine the
1186 capital outlay allocation for each charter school.
1187 (d) If applicable, reduce the capital outlay allocation
1188 identified in paragraph (c) by the total amount of state funds
1189 allocated to each eligible charter school in subsection (2) to
1190 determine the maximum calculated capital outlay allocation.
1191 (e) School districts shall distribute capital outlay funds
1192 to charter schools no later than February 1 of each year, as
1193 required by this subsection, based on the amount of funds
1194 received by the district school board. School districts shall
1195 distribute any remaining capital outlay funds, as required by
1196 this subsection, upon the receipt of such funds until the total
1197 amount calculated pursuant to this subsection is distributed.
1198
1199 By October 1 of each year, each school district shall certify to
1200 the department the amount of debt service and participation
1201 requirement that complies with the requirement of paragraph (a)
1202 and can be reduced from the total discretionary millage revenue.
1203 The Auditor General shall verify compliance with the
1204 requirements of paragraph (a) and s. 1011.71(2)(e) during
1205 scheduled operational audits of school districts.
1206 Section 7. Paragraph (c) of subsection (10) of section
1207 1003.4282, Florida Statutes, is amended to read:
1208 1003.4282 Requirements for a standard high school diploma.—
1209 (10) STUDENTS WITH DISABILITIES.—Beginning with students
1210 entering grade 9 in the 2014-2015 school year, this subsection
1211 applies to a student with a disability.
1212 (c) A student with a disability who meets the standard high
1213 school diploma requirements in this section may defer the
1214 receipt of a standard high school diploma if the student:
1215 1. Has an individual education plan that prescribes special
1216 education, transition planning, transition services, or related
1217 services through age 21; and
1218 2. Is enrolled in accelerated college credit instruction
1219 pursuant to s. 1007.27, industry certification courses that lead
1220 to college credit, an early college a collegiate high school
1221 program, courses necessary to satisfy the Scholar designation
1222 requirements, or a structured work-study, internship, or
1223 preapprenticeship program.
1224
1225 The State Board of Education shall adopt rules under ss.
1226 120.536(1) and 120.54 to implement this subsection, including
1227 rules that establish the minimum requirements for students
1228 described in this subsection to earn a standard high school
1229 diploma. The State Board of Education shall adopt emergency
1230 rules pursuant to ss. 120.536(1) and 120.54.
1231 Section 8. Paragraph (a) of subsection (1) of section
1232 1003.436, Florida Statutes, is amended to read:
1233 1003.436 Definition of “credit.”—
1234 (1)(a) For the purposes of requirements for high school
1235 graduation, one full credit means a minimum of 135 hours of bona
1236 fide instruction in a designated course of study that contains
1237 student performance standards, except as otherwise provided
1238 through the Credit Acceleration Program (CAP) under s.
1239 1003.4295(3). One full credit means a minimum of 120 hours of
1240 bona fide instruction in a designated course of study that
1241 contains student performance standards for purposes of meeting
1242 high school graduation requirements in a district school that
1243 has been authorized to implement block scheduling by the
1244 district school board. The State Board of Education shall
1245 determine the number of postsecondary credit hours earned
1246 through dual enrollment pursuant to s. 1007.271 that satisfy the
1247 requirements of a dual enrollment articulation agreement
1248 according to s. 1007.271(21) and that equal one full credit of
1249 the equivalent high school course identified pursuant to s.
1250 1007.271(10) s. 1007.271(9).
1251 Section 9. This act shall take effect July 1, 2020.
1252
1253 ================= T I T L E A M E N D M E N T ================
1254 And the title is amended as follows:
1255 Delete everything before the enacting clause
1256 and insert:
1257 A bill to be entitled
1258 An act relating to education; amending s. 212.055,
1259 F.S.; requiring that a resolution to levy a
1260 discretionary sales tax include a statement containing
1261 certain information; requiring surtax revenues shared
1262 with charter schools to be expended by the charter
1263 schools in a certain manner; requiring all revenues
1264 and expenditures be accounted for in a monthly or
1265 quarterly charter school financial report; amending s.
1266 1007.271, F.S.; clarifying that secondary students
1267 eligible for dual enrollment programs include students
1268 who are enrolled in home education programs; providing
1269 for exceptions to grade point average requirements
1270 relating to student eligibility; requiring that
1271 exceptions to required grade point averages be
1272 specified in the dual enrollment articulation
1273 agreement; prohibiting postsecondary institutions from
1274 establishing additional initial student academic
1275 eligibility requirements; prohibiting district school
1276 boards and Florida College System institutions from
1277 denying students who have met eligibility requirements
1278 from participating in dual enrollment except under
1279 specified circumstances; revising the date by which
1280 career centers are required to annually complete and
1281 submit specified agreements to the Department of
1282 Education; requiring district school boards to inform
1283 secondary students and their parents or legal
1284 guardians of specified information; prohibiting
1285 schools from enrolling students in dual enrollment
1286 courses under certain circumstances; deleting a
1287 requirement that the State Board of Education adopt
1288 rules for any dual enrollment programs involving
1289 requirements for high school graduation; revising the
1290 date by which eligible postsecondary institutions are
1291 required to annually complete and submit home
1292 education articulation agreements to the department;
1293 revising requirements for home education students
1294 enrolled in dual enrollment courses; conforming a
1295 provision to changes made by the act; requiring that
1296 instructional materials assigned for use within dual
1297 enrollment courses be made available to dual
1298 enrollment students from public schools, private
1299 schools, and home education programs free of charge;
1300 revising the date by which district school
1301 superintendents and public postsecondary institution
1302 presidents are required to develop the enrollment
1303 articulation agreement; revising the date by which the
1304 postsecondary institutions are required complete and
1305 submit to the department a dual enrollment
1306 articulation agreement; revising requirements for the
1307 articulation agreement; revising provisions relating
1308 to funding for dual enrollment; providing that certain
1309 independent colleges and universities are eligible for
1310 inclusion in the dual enrollment and early admission
1311 programs; revising the date by which certain district
1312 school boards and Florida College System institutions
1313 are required to annually complete and submit a dual
1314 enrollment articulation agreement to the department;
1315 revising the date by which certain postsecondary
1316 institutions are required to annually complete and
1317 submit a private school articulation agreement to the
1318 department; revising requirements for such agreements;
1319 conforming provisions to changes made by the act;
1320 requiring the Commissioner of Education to annually
1321 report the status of dual enrollment programs to the
1322 Governor and the Legislature by a specified date;
1323 requiring the State Board of Education to adopt
1324 certain rules; amending s. 1007.273, F.S.; changing
1325 the term “collegiate high school program” to “early
1326 college program”; defining the term “early college
1327 program”; requiring early college programs to
1328 prioritize certain courses; deleting requirements
1329 relating to collegiate high school programs; revising
1330 provisions relating to contracts executed between
1331 district school boards and their local Florida College
1332 System institutions to establish early college
1333 programs; revising provisions relating to student
1334 performance contracts for students participating in
1335 early college programs; authorizing charter schools to
1336 execute contracts to establish an early college
1337 program with specified institutions; requiring the
1338 commissioner to annually report the status of early
1339 college programs to the Governor and the Legislature
1340 by a specified date; creating s. 1009.31, F.S.;
1341 providing legislative findings; establishing the Dual
1342 Enrollment Scholarship Program; providing for the
1343 administration of the program; providing for the
1344 reimbursement of tuition and costs to eligible
1345 postsecondary institutions; requiring students
1346 participating in dual enrollment programs to meet
1347 minimum eligibility requirements in order for
1348 institutions to receive reimbursements; requiring
1349 participating institutions to annually report
1350 specified information to the department by certain
1351 dates; providing a reimbursement schedule for tuition
1352 and instructional materials costs; requiring the
1353 department to reimburse institutions by specified
1354 dates; providing that reimbursement for dual
1355 enrollment courses is contingent upon appropriations;
1356 providing for the prorating of reimbursements under
1357 certain circumstances; requiring the State Board of
1358 Education to adopt rules; amending s. 1011.62, F.S.;
1359 deleting a provision relating to certain colleges and
1360 universities eligible for inclusion in the dual
1361 enrollment program; changing the calculation of full
1362 time equivalent student membership for dual enrollment
1363 purposes; revising the calculation of the virtual
1364 education contribution; requiring that before
1365 distribution of the mental health assistance
1366 allocation occurs, a school district submit a detailed
1367 plan that includes the input of school and community
1368 stakeholders; requiring school board mental health
1369 policies and procedures to include certain items;
1370 requiring each school district to submit a report to
1371 the department which reflects certain program outcomes
1372 and expenditures for all charter schools in the
1373 district; requiring the department to submit a report
1374 to the Governor and the Legislature by a specified
1375 date; requiring the report to include certain
1376 information; abrogating the scheduled expiration of
1377 provisions relating to the annual funding compression
1378 allocation; establishing the Teacher Salary Increase
1379 Allocation to be allocated from the Florida Education
1380 Finance Program; defining the term “minimum base
1381 salary”; amending s. 1013.62, F.S; requiring state
1382 funds and revenue from a certain millage be used to
1383 fund charter school capital outlays if state funds
1384 appropriated in a given fiscal year are below a
1385 certain level; providing legislative intent; providing
1386 an additional requirement for charter school
1387 eligibility for a funding allocation; prohibiting the
1388 personal enrichment of owners, operators, managers,
1389 and other affiliated parties of charter schools;
1390 defining the term “affiliated party of the charter
1391 school”; requiring the department to use certain
1392 methodology to the determine the amount of revenue
1393 that a school district must distribute to each
1394 eligible charter school if charter school capital
1395 outlay funding in any given fiscal year is less than a
1396 specified amount; amending s. 1003.4282, F.S.;
1397 conforming a provision to changes made by the act;
1398 amending s. 1003.436, F.S.; conforming a cross
1399 reference; providing an effective date.