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.
   54  Be It Enacted by the Legislature of the State of Florida:
   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.
  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.
  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.