Florida Senate - 2021 SB 1754
By Senator Brodeur
9-00795D-21 20211754__
1 A bill to be entitled
2 An act relating to the Parent-Teacher Compact program;
3 providing a short title; creating s. 1002.371, F.S.;
4 requiring the State Board of Education to establish
5 the Parent-Teacher Compact program; providing the
6 purposes of the program; defining the term “teacher”;
7 authorizing a parent to enter into a written compact
8 with a teacher to oversee the education of his or her
9 children; authorizing a teacher to enter into multiple
10 compacts with multiple families; specifying the
11 information the compact must contain; requiring a
12 teacher to submit a compact to the Department of
13 Education for review and approval; requiring the state
14 board to publish a compact template; providing that a
15 student being served pursuant to a compact is
16 considered enrolled in an education program; requiring
17 a teacher who is a signed party to a compact to be a
18 member of any individualized education program team;
19 requiring a teacher who is serving students under a
20 compact to maintain a portfolio of student records and
21 materials; specifying requirements for the portfolio;
22 requiring the teacher to evaluate and certify that the
23 student demonstrates educational progress at a certain
24 level; requiring the teacher to file a copy of such
25 evaluation annually with the district school
26 superintendent’s office in the county in which the
27 student resides; requiring teachers serving one or
28 more students in a compact to offer to administer the
29 statewide, standardized assessments; requiring
30 teachers who are serving students under a parent
31 teacher compact to be considered employees of the
32 department for a certain timeframe; authorizing
33 teachers serving under a compact to participate in the
34 Florida Retirement System and state group insurance
35 program; providing for funding; requiring school
36 districts to report all students participating in a
37 compact; requiring the department to transfer funds on
38 certain dates to an account for disbursement to
39 participating teachers; requiring the Chief Financial
40 Officer to make payments in four equal amounts no
41 later than specified dates by individual warrant
42 payable to the student’s teacher; requiring a teacher
43 to notify the department within a certain timeframe
44 after termination of a compact; requiring the
45 department to prorate funding to the teacher based on
46 instructional hours rendered; exempting the state from
47 liability; clarifying that the program does not expand
48 the regulatory authority of the state; requiring the
49 state board to adopt rules; amending s. 1003.01, F.S.;
50 conforming a provision related to regular school
51 attendance to changes made by the act; providing an
52 effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. This act may be cited as the “Parent-Teacher
57 Compact Act.”
58 Section 2. Section 1002.371, Florida Statutes, is created
59 to read:
60 1002.371 Parent-Teacher Compact program.—
61 (1) PURPOSE.—The State Board of Education shall establish
62 the Parent-Teacher Compact program, which allows teachers to
63 enter into compacts to provide educational instruction with
64 parents of K-12 students who attended a public school in the
65 prior year or who are entering kindergarten. The purpose of the
66 program is to:
67 (a) Increase learning opportunities for all students;
68 (b) Create new professional opportunities for teachers;
69 (c) Empower families to create education solutions that fit
70 the unique needs of their children;
71 (d) Empower teachers to serve students and their families
72 in innovative ways; and
73 (e) Facilitate written agreements between teachers and
74 parents.
75 (2) DEFINITION.—As used in this section, the term “teacher”
76 means a person who holds a professional educator certificate
77 pursuant to s. 1012.56 and who has not been employed by a
78 Florida public school district in the prior 9 months.
79 (3) PARENT-TEACHER COMPACTS.—
80 (a) A parent who is a resident of this state may enter into
81 a written compact with a teacher to oversee the education of,
82 and provide educational services to, children in his or her
83 legal custody. A teacher may enter into one or more compacts
84 with one or more families to serve one or more students. A
85 parent-teacher compact must contain, but need not be limited to,
86 the following information:
87 1. The name of the teacher and the teacher’s educator
88 certification license number;
89 2. The name of the student and parent and their home
90 address;
91 3. The number of students who will be served by the
92 compact;
93 4. A list of students who will be served by the compact and
94 their identifying information;
95 5. A description of the services to be provided in a format
96 prescribed by the State Board of Education;
97 6. A termination clause that allows the parent or teacher
98 to terminate the compact for any reason; and
99 7. The terms of the compact.
100 (b) Once a compact between a parent and teacher has been
101 agreed to and signed by both parties, the teacher shall submit a
102 copy of the written compact to the Department of Education for
103 review and approval.
104 (c) The State Board of Education shall publish a simple
105 compact template that may be used by parents and teachers to
106 facilitate the development of parent-teacher compacts.
107 (4) STATUS OF STUDENTS BEING SERVED BY PARENT-TEACHER
108 COMPACTS.—
109 (a) A student being served under the direction of a parent
110 teacher compact that has been properly submitted to and approved
111 by the Department of Education shall be considered fully
112 enrolled in an education program under the direction of a
113 teacher.
114 (b) The teacher who is a signed party to the parent-teacher
115 compact shall be a member of any individualized education
116 program team.
117 (5) STATUS AND DUTIES OF TEACHERS SERVING STUDENTS UNDER A
118 PARENT-TEACHER COMPACT.—
119 (a) A teacher serving students under a parent-teacher
120 compact shall maintain a portfolio of student records and
121 materials. The portfolio must consist of the following:
122 1. A log of educational activities which is made
123 contemporaneously with the instruction and which designates by
124 title any reading materials used.
125 2. Samples of any writings, worksheets, workbooks, or
126 creative materials used or developed by a student.
127 (b) The teacher shall evaluate and certify that the student
128 demonstrates educational progress at a level commensurate with
129 his or her ability and shall file a copy of the evaluation
130 annually with the district school superintendent’s office in the
131 county in which the student resides.
132 (c) Teachers who are serving one or more students under the
133 authority of a parent-teacher compact shall offer to administer
134 the statewide, standardized assessments required for public
135 school students in this state.
136 (d) Teachers who are serving students under the authority
137 of a parent-teacher compact pursuant to this section shall be
138 considered employees of the Department of Education through the
139 term of the approved parent-teacher compact and may participate
140 in the Florida Retirement System and the state group insurance
141 program.
142 (6) FUNDING AND PAYMENT.—
143 (a) The calculated amount for a student shall be the
144 equivalent to the base student allocation in the Florida
145 Education Finance Program multiplied by the appropriate cost
146 factor for the educational program that would have been provided
147 for the student in the district school to which he or she would
148 have been assigned, multiplied by the district cost differential
149 plus a per-full-time equivalent share of the funds for all
150 categorical programs.
151 (b) The school district shall report all students who are
152 participating in a parent-teacher compact under this program.
153 Students shall be reported separately from other students
154 reported for purposes of the Florida Education Finance Program.
155 (c) On July 1, September 1, December 1, or February 1 after
156 documentation of the number of program participants, the
157 Department of Education shall transfer, from general revenue
158 funds only, the amount calculated pursuant to paragraph (a) to a
159 separate account for disbursement to teachers of participating
160 students on the same payment schedule as Department of Education
161 employees.
162 (d) If the teacher or parent terminates the compact for any
163 reason, the teacher shall notify the parent and the Department
164 of Education in writing within 5 business days after the date of
165 the termination. The Department of Education shall prorate
166 funding to the teacher based on the number of instructional
167 hours, or the equivalent, the compact was in effect.
168 (7) LIABILITY.—No liability shall arise on the part of the
169 state based on the student’s participation in a parent-teacher
170 compact.
171 (8) SCOPE OF AUTHORITY.—The inclusion of parent-teacher
172 compacts within the options available to Florida public school
173 students does not expand the regulatory authority of the state,
174 its officers, or any school district to impose any additional
175 regulation beyond that reasonably necessary to enforce
176 requirements expressly set forth in this section.
177 (9) The State Board of Education shall adopt rules pursuant
178 to ss. 120.536(1) and 120.54 to administer this section.
179 Section 3. Subsection (13) of section 1003.01, Florida
180 Statutes, is amended to read:
181 1003.01 Definitions.—As used in this chapter, the term:
182 (13) “Regular school attendance” means the actual
183 attendance of a student during the school day as defined by law
184 and rules of the State Board of Education. Regular attendance
185 within the intent of s. 1003.21 may be achieved by attendance
186 in:
187 (a) A public school supported by public funds;
188 (b) A parochial, religious, or denominational school;
189 (c) A private school supported in whole or in part by
190 tuition charges or by endowments or gifts;
191 (d) A home education program that meets the requirements of
192 chapter 1002; or
193 (e) A private tutoring program that meets the requirements
194 of chapter 1002; or
195 (f) A parent-teacher compact program overseen by a teacher
196 pursuant to s. 1002.371.
197 Section 4. This act shall take effect July 1, 2021.