Florida Senate - 2020                                      SB 62
       By Senator Stargel
       22-01672-20                                             202062__
    1                        A bill to be entitled                      
    2         An act relating to K-12 education; amending s.
    3         212.055, F.S.; requiring that a resolution to levy
    4         discretionary sales tax include a statement containing
    5         certain information; requiring surtax revenues shared
    6         with charter schools to be expended by the charter
    7         schools in a certain manner; amending s. 1007.273,
    8         F.S.; defining the term “early college program”;
    9         deleting a provision related to collegiate high school
   10         programs; changing the term “collegiate high school
   11         program” to “early college program”; requiring early
   12         college programs to prioritize certain courses for
   13         degree purposes; authorizing a charter school to
   14         execute a contract with a local Florida College System
   15         institution or another institution as authorized by
   16         law to establish an early college program; requiring
   17         that the Commissioner of Education report to the
   18         Governor and the Legislature on the status of early
   19         college programs by a specified date and annually
   20         thereafter; requiring the report contain certain
   21         information; amending s. 1011.62, F.S.; changing the
   22         calculation of full-time equivalent student membership
   23         for dual enrollment purposes; providing that full-time
   24         equivalent membership can be calculated based on a
   25         student earning a College Board Advanced Placement
   26         Capstone Diploma; providing for calculation of full
   27         time equivalent membership for students earning the
   28         Capstone Diploma; requiring that before distribution
   29         of the mental health assistance allocation occurs, a
   30         school district submit a detailed plan that includes
   31         the input of school and community stakeholders and is
   32         informed by a needs assessment; requiring school board
   33         mental health policies and procedures to include
   34         certain items; requiring each school district to
   35         submit a report to the Department of Education which
   36         reflects certain program outcomes and expenditures for
   37         all charter schools in the district; requiring the
   38         report to include certain information; requiring that
   39         certain excess funds be used for specified mental
   40         health expenses; abrograting the scheduled repeal of
   41         provisions relating to the annual funding compression
   42         allocation; amending s. 1003.4282, F.S.; conforming a
   43         provision to changes made by the act; providing an
   44         effective date.
   46  Be It Enacted by the Legislature of the State of Florida:
   48         Section 1. Subsection (6) of section 212.055, Florida
   49  Statutes, is amended to read:
   50         212.055 Discretionary sales surtaxes; legislative intent;
   51  authorization and use of proceeds.—It is the legislative intent
   52  that any authorization for imposition of a discretionary sales
   53  surtax shall be published in the Florida Statutes as a
   54  subsection of this section, irrespective of the duration of the
   55  levy. Each enactment shall specify the types of counties
   56  authorized to levy; the rate or rates which may be imposed; the
   57  maximum length of time the surtax may be imposed, if any; the
   58  procedure which must be followed to secure voter approval, if
   59  required; the purpose for which the proceeds may be expended;
   60  and such other requirements as the Legislature may provide.
   61  Taxable transactions and administrative procedures shall be as
   62  provided in s. 212.054.
   64         (a) The school board in each county may levy, pursuant to
   65  resolution conditioned to take effect only upon approval by a
   66  majority vote of the electors of the county voting in a
   67  referendum, a discretionary sales surtax at a rate that may not
   68  exceed 0.5 percent.
   69         (b) The resolution must shall include a statement that
   70  provides a brief and general description of the school capital
   71  outlay projects to be funded by the surtax. The resolution must
   72  also include a statement that the revenues collected must be
   73  shared with charter schools based on their proportionate share
   74  of total school district enrollment. The statement must shall
   75  conform to the requirements of s. 101.161 and shall be placed on
   76  the ballot by the governing body of the county. The following
   77  question shall be placed on the ballot:
   79  ....FOR THE                  ....CENTS TAX           
   80  ....AGAINST THE              ....CENTS TAX           
   81         (c) The resolution providing for the imposition of the
   82  surtax must shall set forth a plan for use of the surtax
   83  proceeds for fixed capital expenditures or fixed capital costs
   84  associated with the construction, reconstruction, or improvement
   85  of school facilities and campuses which have a useful life
   86  expectancy of 5 or more years, and any land acquisition, land
   87  improvement, design, and engineering costs related thereto.
   88  Additionally, the plan shall include the costs of retrofitting
   89  and providing for technology implementation, including hardware
   90  and software, for the various sites within the school district.
   91  Surtax revenues may be used for the purpose of servicing bond
   92  indebtedness to finance projects authorized by this subsection,
   93  and any interest accrued thereto may be held in trust to finance
   94  such projects. Neither the proceeds of the surtax nor any
   95  interest accrued thereto shall be used for operational expenses.
   96  Surtax revenues shared with charter schools shall be expended by
   97  the charter schools in a manner consistent with the plan, as
   98  appropriate.
   99         (d) Surtax revenues collected by the Department of Revenue
  100  pursuant to this subsection shall be distributed to the school
  101  board imposing the surtax in accordance with law.
  102         Section 2. Section 1007.273, Florida Statutes, is amended
  103  to read:
  104         1007.273 Early college programs Collegiate high school
  105  program.—
  106         (1) Each Florida College System institution shall work with
  107  each district school board in its designated service area to
  108  establish one or more early college collegiate high school
  109  programs. As used in this section, the term “early college
  110  program” means a structured high school acceleration program in
  111  which a cohort of students is taking postsecondary courses full
  112  time toward an associate degree. The early college program must
  113  prioritize courses applicable as general education core courses
  114  under s. 1007.25 for an associate degree or a baccalaureate
  115  degree.
  116         (2) At a minimum, collegiate high school programs must
  117  include an option for public school students in grade 11 or
  118  grade 12 participating in the program, for at least 1 full
  119  school year, to earn CAPE industry certifications pursuant to s.
  120  1008.44 and to successfully complete 30 credit hours through the
  121  dual enrollment program under s. 1007.271 toward the first year
  122  of college for an associate degree or baccalaureate degree while
  123  enrolled in the program.
  124         (2)(3) Each district school board and its local Florida
  125  College System institution shall execute a contract to establish
  126  one or more early college collegiate high school programs at a
  127  mutually agreed upon location or locations. Beginning with the
  128  2015-2016 school year, If the Florida College System institution
  129  does not establish an early college a program with a district
  130  school board in its designated service area, another Florida
  131  College System institution may execute a contract with that
  132  district school board to establish the early college program.
  133  The contract must be executed by January 1 of each school year
  134  for implementation of the program during the next school year.
  135  The contract must:
  136         (a) Identify the grade levels to be included in the early
  137  college collegiate high school program which must, at a minimum,
  138  include grade 12.
  139         (b) Describe the early college collegiate high school
  140  program, including the delineation of courses that must, at a
  141  minimum, include general education core courses pursuant to s.
  142  1007.25; and industry certifications offered, including online
  143  course availability; the high school and college credits earned
  144  for each postsecondary course completed and industry
  145  certification earned; student eligibility criteria; and the
  146  enrollment process and relevant deadlines.
  147         (c) Describe the methods, medium, and process by which
  148  students and their parents are annually informed about the
  149  availability of the early college collegiate high school
  150  program, the return on investment associated with participation
  151  in the early college program, and the information described in
  152  paragraphs (a) and (b).
  153         (d) Identify the delivery methods for instruction and the
  154  instructors for all courses.
  155         (e) Identify student advising services and progress
  156  monitoring mechanisms.
  157         (f) Establish a program review and reporting mechanism
  158  regarding student performance outcomes.
  159         (g)  Describe the terms of funding arrangements to
  160  implement the early college collegiate high school program
  161  pursuant to subsection (5).
  162         (3)(4) Each student participating in an early college a
  163  collegiate high school program must enter into a student
  164  performance contract that which must be signed by the student,
  165  the parent, and a representative of the school district and the
  166  applicable Florida College System institution partner, state
  167  university, or any other eligible postsecondary institution
  168  partner participating pursuant to subsection (4) (5). The
  169  performance contract must, at a minimum, specify include the
  170  schedule of courses, by semester, and industry certifications to
  171  be taken by the student, if any; student attendance
  172  requirements;, and course grade requirements; and the
  173  applicability of such courses to an associate degree or a
  174  baccalaureate degree.
  175         (4)(5) In addition to executing a contract with the local
  176  Florida College System institution under this section, a
  177  district school board may execute a contract to establish an
  178  early college a collegiate high school program with a state
  179  university or an institution that is eligible to participate in
  180  the William L. Boyd, IV, Effective Access to Student Education
  181  Grant Program, that is a nonprofit independent college or
  182  university located and chartered in this state, and that is
  183  accredited by the Commission on Colleges of the Southern
  184  Association of Colleges and Schools to grant baccalaureate
  185  degrees. Such university or institution must meet the
  186  requirements specified under subsections (2) and (3) subsections
  187  (3) and (4). A charter school may execute a contract directly
  188  with the local Florida College System institution or another
  189  institution as authorized under this section to establish an
  190  early college program at a mutually agreed upon location.
  191         (5)(6) The early college collegiate high school program
  192  shall be funded pursuant to ss. 1007.271 and 1011.62. The State
  193  Board of Education shall enforce compliance with this section by
  194  withholding the transfer of funds for the school districts and
  195  the Florida College System institutions in accordance with s.
  196  1008.32.
  197         (6)By November 30, 2021, and annually thereafter, the
  198  commissioner must report to the Governor, the President of the
  199  Senate, and the Speaker of the House of Representatives the
  200  status of early college programs, including, at a minimum, a
  201  summary of student enrollment in public and private
  202  postsecondary institutions and program completion information.
  203         Section 3. Paragraphs (i) and (n) of subsection (1) and
  204  subsections (16) and (17) of section 1011.62, Florida Statutes,
  205  are amended to read:
  206         1011.62 Funds for operation of schools.—If the annual
  207  allocation from the Florida Education Finance Program to each
  208  district for operation of schools is not determined in the
  209  annual appropriations act or the substantive bill implementing
  210  the annual appropriations act, it shall be determined as
  211  follows:
  213  OPERATION.—The following procedure shall be followed in
  214  determining the annual allocation to each district for
  215  operation:
  216         (i) Calculation of full-time equivalent membership with
  217  respect to dual enrollment instruction.—
  218         1.Full-time equivalent students.—Students enrolled in dual
  219  enrollment instruction pursuant to s. 1007.271 may be included
  220  in calculations of full-time equivalent student memberships for
  221  basic programs for grades 9 through 12 by a district school
  222  board. Instructional time for dual enrollment may vary from 900
  223  hours; however, the full-time equivalent student membership
  224  value shall be subject to the provisions in s. 1011.61(4). Dual
  225  enrollment full-time equivalent student membership shall be
  226  calculated in an amount equal to the hours of instruction that
  227  would be necessary to earn the full-time equivalent student
  228  membership for an equivalent course if it were taught in the
  229  school district. Students in dual enrollment courses may also be
  230  calculated as the proportional shares of full-time equivalent
  231  enrollments they generate for a Florida College System
  232  institution or university conducting the dual enrollment
  233  instruction. Early admission students shall be considered dual
  234  enrollments for funding purposes. Students may be enrolled in
  235  dual enrollment instruction provided by an eligible independent
  236  college or university and may be included in calculations of
  237  full-time equivalent student memberships for basic programs for
  238  grades 9 through 12 by a district school board. However, those
  239  provisions of law which exempt dual enrolled and early admission
  240  students from payment of instructional materials and tuition and
  241  fees, including laboratory fees, shall not apply to students who
  242  select the option of enrolling in an eligible independent
  243  institution. An independent college or university, which is not
  244  for profit, is accredited by a regional or national accrediting
  245  agency recognized by the United States Department of Education,
  246  and confers degrees as defined in s. 1005.02 shall be eligible
  247  for inclusion in the dual enrollment or early admission program.
  248  Students enrolled in dual enrollment instruction shall be exempt
  249  from the payment of tuition and fees, including laboratory fees.
  250  No student enrolled in college credit mathematics or English
  251  dual enrollment instruction shall be funded as a dual enrollment
  252  unless the student has successfully completed the relevant
  253  section of the entry-level examination required pursuant to s.
  254  1008.30.
  255         2.Additional full-time equivalent student membership.—For
  256  students enrolled in an early college program, pursuant to s.
  257  1007.273, a value of 0.16 full-time equivalent student
  258  membership shall be calculated for each student who completes a
  259  general education core course through the dual enrollment
  260  program with a grade of “C” or better. For students who are not
  261  enrolled in an early college program, a value of 0.08 full-time
  262  equivalent student membership shall be calculated for each
  263  student who completes a general education core course through
  264  the dual enrollment program with a grade of “C” or better. In
  265  addition, a value of 0.3 full-time equivalent student membership
  266  shall be calculated for any student who receives an associate
  267  degree through the dual enrollment program with a 3.0 grade
  268  point average or better. This value shall be added to the total
  269  full-time equivalent student membership in basic programs for
  270  grades 9 through 12 in the subsequent fiscal year. This section
  271  shall be effective for credit earned by dually enrolled students
  272  for courses taken in the 2020-2021 school year and each school
  273  year thereafter. If the associate degree pursuant to this
  274  paragraph is earned in 2020-2021 following completion of courses
  275  taken in the 2020-2021 school year, then courses taken towards
  276  the degree as part of the dual enrollment program prior to 2020
  277  2021 may not preclude eligibility for the 0.3 additional full
  278  time equivalent student membership bonus. Each school district
  279  shall allocate at least 50 percent of the funds received from
  280  the dual enrollment bonus FTE funding, in accordance with this
  281  paragraph, to the schools that generated the funds to support
  282  student academic guidance and postsecondary readiness.
  283         3.Qualifying courses.—For the purposes of this paragraph,
  284  general education core courses are those that are identified in
  285  rule by the State Board of Education and in regulation by the
  286  Board of Governors pursuant to s. 1007.25(3).
  287         (n) Calculation of additional full-time equivalent
  288  membership based on college board advanced placement scores of
  289  students and earning College Board Advanced Placement Capstone
  290  Diplomas.—A value of 0.16 full-time equivalent student
  291  membership shall be calculated for each student in each advanced
  292  placement course who receives a score of 3 or higher on the
  293  College Board Advanced Placement Examination for the prior year
  294  and added to the total full-time equivalent student membership
  295  in basic programs for grades 9 through 12 in the subsequent
  296  fiscal year. A value of 0.3 full-time equivalent student
  297  membership shall be calculated for each student who receives a
  298  College Board Advanced Placement Capstone Diploma and meets the
  299  requirements for a standard high school diploma under s.
  300  1003.4282. This value shall be added to the total full-time
  301  equivalent student membership in basic programs for grades 9
  302  through 12 in the subsequent fiscal year. Each district must
  303  allocate at least 80 percent of the funds provided to the
  304  district for advanced placement instruction, in accordance with
  305  this paragraph, to the high school that generates the funds. The
  306  school district shall distribute to each classroom teacher who
  307  provided advanced placement instruction:
  308         1. A bonus in the amount of $50 for each student taught by
  309  the Advanced Placement teacher in each advanced placement course
  310  who receives a score of 3 or higher on the College Board
  311  Advanced Placement Examination.
  312         2. An additional bonus of $500 to each Advanced Placement
  313  teacher in a school designated with a grade of “D” or “F” who
  314  has at least one student scoring 3 or higher on the College
  315  Board Advanced Placement Examination, regardless of the number
  316  of classes taught or of the number of students scoring a 3 or
  317  higher on the College Board Advanced Placement Examination.
  319  Bonuses awarded under this paragraph shall be in addition to any
  320  regular wage or other bonus the teacher received or is scheduled
  321  to receive. For such courses, the teacher shall earn an
  322  additional bonus of $50 for each student who has a qualifying
  323  score.
  324         (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
  325  assistance allocation is created to provide funding to assist
  326  school districts in establishing or expanding school-based
  327  mental health care; train educators and other school staff in
  328  detecting and responding to mental health issues; and connect
  329  children, youth, and families who may experience behavioral
  330  health issues with appropriate services. These funds shall be
  331  allocated annually in the General Appropriations Act or other
  332  law to each eligible school district. Each school district shall
  333  receive a minimum of $100,000, with the remaining balance
  334  allocated based on each school district’s proportionate share of
  335  the state’s total unweighted full-time equivalent student
  336  enrollment. Charter schools that submit a plan separate from the
  337  school district are entitled to a proportionate share of
  338  district funding. The allocated funds may not supplant funds
  339  that are provided for this purpose from other operating funds
  340  and may not be used to increase salaries or provide bonuses.
  341  School districts are encouraged to maximize third-party health
  342  insurance benefits and Medicaid claiming for services, where
  343  appropriate.
  344         (a) Before the distribution of the allocation:
  345         1. The school district must develop and submit a detailed
  346  plan, which includes the input of school and community
  347  stakeholders and is informed by a needs assessment, outlining
  348  the local program and planned expenditures to the district
  349  school board for approval. This plan must include all district
  350  schools, including charter schools, unless a charter school
  351  elects to submit a plan independently from the school district
  352  pursuant to subparagraph 2.
  353         2. A charter school may develop and submit a detailed plan
  354  outlining the local program and planned expenditures to its
  355  governing body for approval. After the plan is approved by the
  356  governing body, it must be provided to the charter school’s
  357  sponsor.
  358         (b) The plans required under paragraph (a) must be focused
  359  on a multitiered system of supports to deliver evidence-based
  360  mental health care assessment, diagnosis, intervention,
  361  treatment, and recovery services to students with one or more
  362  mental health or co-occurring substance abuse diagnoses and to
  363  students at high risk of such diagnoses. The provision of these
  364  services must be coordinated with a student’s primary mental
  365  health care provider and with other mental health providers
  366  involved in the student’s care. At a minimum, the plans must
  367  include the following elements:
  368         1. Direct employment of school-based mental health services
  369  providers to expand and enhance school-based student services
  370  and to reduce the ratio of students to staff in order to better
  371  align with nationally recommended ratio models. These providers
  372  include, but are not limited to, certified school counselors,
  373  school psychologists, school social workers, and other licensed
  374  mental health professionals. The plan also must identify
  375  strategies to increase the amount of time that school-based
  376  student services personnel spend providing direct services to
  377  students, which may include the review and revision of district
  378  staffing resource allocations based on school or student mental
  379  health assistance needs.
  380         2. Contracts or interagency agreements with one or more
  381  local community behavioral health providers or providers of
  382  Community Action Team services to provide a behavioral health
  383  staff presence and services at district schools. Services may
  384  include, but are not limited to, mental health screenings and
  385  assessments, individual counseling, family counseling, group
  386  counseling, psychiatric or psychological services, trauma
  387  informed care, mobile crisis services, and behavior
  388  modification. These behavioral health services may be provided
  389  on or off the school campus and may be supplemented by
  390  telehealth.
  391         3. Policies and procedures, including contracts with
  392  service providers, which will ensure that students who are
  393  referred to a school-based or community-based mental health
  394  service provider for mental health screening for the
  395  identification of mental health concerns and ensure that the
  396  assessment of students at risk for mental health disorders
  397  occurs within 15 days of referral. School-based mental health
  398  services must be initiated within 15 days after identification
  399  and assessment, and support by community-based mental health
  400  service providers for students who are referred for community
  401  based mental health services must be initiated within 30 days
  402  after the school or district makes a referral.
  403         4. School board mental health policies and procedures,
  404  including the following:
  405         a.Universal supports to promote students’ psychological
  406  well-being and ensure safe and supportive school environments;
  407         b.Evidence-based strategies or programs to reduce the
  408  likelihood of at-risk students developing social, emotional, or
  409  behavioral health problems, depression, anxiety disorders,
  410  suicidal tendencies, or substance use disorders.
  411         c.5. Strategies to improve the early identification of
  412  social, emotional, or behavioral problems or substance use
  413  disorders, to provide improve the provision of early
  414  intervention services, and to assist students in dealing with
  415  trauma and violence.
  416         d.Policies and procedures for responding to a student with
  417  suicidal ideation, including risk assessment, guidelines for
  418  informing parents of suicide risk, and school board policies for
  419  initiating involuntary examination of students with suicide
  420  ideation.
  421         e.A school crisis response plan that includes prevention,
  422  preparation for, response to, and recovery from a range of
  423  crises. The plan should include establishment of district-level
  424  and school-level crisis response teams, including, but not
  425  limited to, administration and school-based mental health
  426  service providers.
  427         (c) School districts shall submit approved plans, including
  428  approved plans of each charter school in the district, to the
  429  commissioner by August 1 of each fiscal year.
  430         (d) Beginning September 30, 2019, and annually by September
  431  30 thereafter, each school district shall submit to the
  432  Department of Education a report on its program outcomes and
  433  expenditures for the previous fiscal year. The report must
  434  reflect program outcomes and expenditures for all charter
  435  schools in the district, including charter schools that
  436  submitted a separate plan. The report must that, at a minimum,
  437  must include the number of each of the following:
  438         1. The number of students who receive screenings or
  439  assessments.
  440         2. The number of students who are referred to either
  441  school-based or community-based providers for services or
  442  assistance.
  443         3. The number of students who receive either school-based
  444  or community-based interventions, services, or assistance.
  445         4. The number of school-based and community-based mental
  446  health providers, including licensure type, paid for from funds
  447  provided through the allocation.
  448         5.The number and ratio of school social workers, school
  449  psychologists, and certified school counselors employed by the
  450  district and the total number of licensed mental health
  451  professionals employed directly by the district.
  452         6.5. Contract-based collaborative efforts or partnerships
  453  with community mental health programs, agencies, or providers.
  454         (e)The amount of mental health assistance allocation funds
  455  appropriated subsequent to the 2019-2020 fiscal year that are in
  456  excess of the amount appropriated in the 2019-2020 fiscal year
  457  shall be used exclusively to fund additional providers of
  458  school-based mental health services.
  459         (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
  460  provide an annual funding compression allocation in the General
  461  Appropriations Act. The allocation is created to provide
  462  additional funding to school districts and developmental
  463  research schools whose total funds per FTE in the prior year
  464  were less than the statewide average. Using the most recent
  465  prior year FEFP calculation for each eligible school district,
  466  the total funds per FTE shall be subtracted from the state
  467  average funds per FTE, not including any adjustments made
  468  pursuant to paragraph (19)(b). The resulting funds per FTE
  469  difference, or a portion thereof, as designated in the General
  470  Appropriations Act, shall then be multiplied by the school
  471  district’s total unweighted FTE to provide the allocation. If
  472  the calculated funds are greater than the amount included in the
  473  General Appropriations Act, they must be prorated to the
  474  appropriation amount based on each participating school
  475  district’s share. This subsection expires July 1, 2020.
  476         Section 4. Paragraph (c) of subsection (10) of section
  477  1003.4282, Florida Statutes, is amended to read:
  478         1003.4282 Requirements for a standard high school diploma.—
  479         (10) STUDENTS WITH DISABILITIES.—Beginning with students
  480  entering grade 9 in the 2014-2015 school year, this subsection
  481  applies to a student with a disability.
  482         (c) A student with a disability who meets the standard high
  483  school diploma requirements in this section may defer the
  484  receipt of a standard high school diploma if the student:
  485         1. Has an individual education plan that prescribes special
  486  education, transition planning, transition services, or related
  487  services through age 21; and
  488         2. Is enrolled in accelerated college credit instruction
  489  pursuant to s. 1007.27, industry certification courses that lead
  490  to college credit, an early college a collegiate high school
  491  program, courses necessary to satisfy the Scholar designation
  492  requirements, or a structured work-study, internship, or
  493  preapprenticeship program.
  495  The State Board of Education shall adopt rules under ss.
  496  120.536(1) and 120.54 to implement this subsection, including
  497  rules that establish the minimum requirements for students
  498  described in this subsection to earn a standard high school
  499  diploma. The State Board of Education shall adopt emergency
  500  rules pursuant to ss. 120.536(1) and 120.54.
  501         Section 5. This act shall take effect July 1, 2020.