Florida Senate - 2021                   (PROPOSED BILL) SPB 7070
       
       
        
       FOR CONSIDERATION By the Committee on Education
       
       
       
       
       
       581-03381-21                                          20217070pb
    1                        A bill to be entitled                      
    2         An act relating to the impact of COVID-19 on
    3         educational institutions; creating s. 768.39, F.S.;
    4         providing legislative findings; defining the term
    5         “educational institution”; prohibiting an educational
    6         institution that has taken certain reasonably
    7         necessary actions to diminish the impact or spread of
    8         COVID-19 from being civilly liable for such actions;
    9         specifying that the provision of certain services by
   10         educational institutions was impossible during certain
   11         periods of time; providing that certain reasonably
   12         necessary actions are deemed justified; providing that
   13         general publications of educational institutions are
   14         not evidence of an implied contract to provide
   15         specified services during the COVID-19 public health
   16         emergency; providing exceptions; providing
   17         severability; providing for retroactive applicability;
   18         authorizing school grades calculated during a certain
   19         school year to be used for eligibility for the Florida
   20         School Recognition Program; authorizing a school in
   21         turnaround status to exit turnaround status if the
   22         school receives a grade of “C” or better; exempting
   23         certain schools or approved providers from being
   24         subject to sanctions or penalties as a result of
   25         school grade or school improvement ratings earned
   26         during a certain school year; prohibiting a high
   27         performing charter school system or school district
   28         from losing such designation based on school grades
   29         earned during a certain school year; encouraging
   30         specified persons to jointly make student promotion
   31         decisions based on certain data; prohibiting results
   32         from statewide, standardized assessments taken during
   33         a certain school year from being used for the purposes
   34         of grade 3 retention; authorizing a parent or guardian
   35         who wishes for his or her grade 3 student to be
   36         retained to submit, in writing, a retention request to
   37         the school principal; providing that only requests
   38         received by the principal on or before a certain date
   39         must be considered; authorizing a principal to
   40         consider a late request; requiring a principal who
   41         considers a retention request to inform the student’s
   42         teachers of the retention request and collaboratively
   43         discuss with the parent or guardian any basis for
   44         agreement or disagreement with the request; providing
   45         that the parent or guardian’s decision to promote or
   46         retain his or her grade 3 student after discussing the
   47         retention request with the principal shall control;
   48         authorizing certain students to graduate; prohibiting
   49         certain performance results from being used for
   50         calculating student performance measurement and for
   51         evaluating personnel; waiving a provision requiring
   52         summer prekindergarten programs to consist of at least
   53         300 hours; waiving a requirement that no more than 22
   54         percent of certain funds provided to an early learning
   55         coalition be used for certain purposes; providing an
   56         effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 768.39, Florida Statutes, is created to
   61  read:
   62         768.39Immunity for educational institutions for actions
   63  related to the COVID-19 pandemic.—
   64         (1)The Legislature finds that during the COVID-19
   65  pandemic, educational institutions had little choice but to
   66  close or restrict access to their campuses in an effort to
   67  protect the health of their students, educators, staff, and
   68  communities. Despite these efforts, more than 120,000 cases of
   69  COVID-19 have been linked to colleges and universities
   70  nationwide, and the deaths of more than 100 college students
   71  have been attributed to the disease. The Legislature further
   72  finds that lawsuits against educational institutions based on
   73  their efforts to provide educational services while keeping
   74  students, faculty, staff, and communities safe during the COVID
   75  19 public health emergency are without legal precedent. One
   76  court has even acknowledged that the “legal system is now
   77  feeling COVID-19’s havoc with the current wave of class action
   78  lawsuits that seek tuition reimbursement related to forced
   79  online tutelage.” Under these circumstances, the Legislature
   80  finds that there is an overpowering public necessity for, and no
   81  reasonable alternative to, providing educational institutions
   82  with liability protections against lawsuits seeking tuition or
   83  fee reimbursements or related damages resulting from the
   84  institutions changing the delivery of educational services,
   85  limiting access to facilities, or closing campuses during the
   86  COVID-19 public health emergency.
   87         (2) For the purposes of this section, the term “educational
   88  institution” has the same meaning as in s. 768.38(2).
   89         (3)(a)An educational institution that has taken reasonably
   90  necessary actions in compliance with federal, state, or local
   91  guidance to diminish the impact or the spread of COVID-19 may
   92  not be held liable for, and shall be immune from, any civil
   93  damages, equitable relief, or other remedies relating to such
   94  actions. Reasonably necessary actions taken while a state of
   95  emergency was declared for this state for the COVID-19 pandemic
   96  include, but are not limited to, any of the following:
   97         1.Shifting in-person instruction to online or remote
   98  instruction for any period of time.
   99         2.Closing or modifying the provision of residential
  100  housing, dining, or other facilities on the campus of the
  101  educational institution.
  102         3.Pausing or modifying ancillary student activities and
  103  services available through the educational institution.
  104         (b)The provision of in-person or on-campus education and
  105  related services is deemed to have been impossible for
  106  educational institutions during any period of time in which such
  107  institutions took reasonably necessary actions described in
  108  paragraph (a) to protect students, staff, and educators in
  109  response to the COVID-19 public health emergency.
  110         (c) As a result of the various governmental orders and the
  111  need for educational institutions to protect their communities,
  112  the reasonably necessary actions described in paragraph (a) are
  113  deemed justified.
  114         (4) In any action against an educational institution for
  115  the reimbursement of tuition or fees, general publications of
  116  the institution are not evidence of an implied contract to
  117  provide in-person or on-campus education and related services or
  118  access to facilities during the COVID-19 public health
  119  emergency.
  120         (5)(a) This section does not apply to losses or damages
  121  that resulted solely from a breach of an express contractual
  122  provision allocating liability in the event of a pandemic event.
  123         (b) This section does not apply to losses or damages caused
  124  by an act or omission of a college or university which was in
  125  bad faith or malicious.
  126         (6)If any aspect of the immunity under subsection (3) is
  127  limited by a court or by operation of law from applying to
  128  certain types of claims or causes of action, the immunity under
  129  this section must still be provided to the fullest extent
  130  authorized by law to any other types of claims or causes of
  131  action.
  132         (7)This section shall apply retroactively to causes of
  133  actions accruing on or after March 1, 2020, the date of the
  134  declaration of the COVID-19 public health emergency by the State
  135  Surgeon General, and shall apply prospectively to causes of
  136  action that accrue before the end of the academic term during
  137  which the emergency declaration expires or is terminated.
  138         Section 2. In recognition of the public health emergency
  139  caused by the COVID-19 pandemic, and notwithstanding any other
  140  provision in law:
  141         (1) School grades calculated for the 2020-2021 school year
  142  may be used for eligibility for the Florida School Recognition
  143  Program established under s. 1008.36, Florida Statutes, as
  144  provided in the General Appropriations Act.
  145         (2) A school currently in turnaround status pursuant to s.
  146  1008.33, Florida Statutes, may exit turnaround status if the
  147  school receives a grade of “C” or better.
  148         (3) A school or approved provider under s. 1002.45, Florida
  149  Statutes, which receives the same or a lower school grade or
  150  school improvement rating for the 2020-2021 school year compared
  151  to the 2018-2019 school year is not subject to sanctions or
  152  penalties that would otherwise occur as a result of the 2020
  153  2021 school grade or school improvement rating. A charter school
  154  system or a school district designated as high-performing may
  155  not lose the designation based on the 2020-2021 school grade of
  156  any of the schools within the charter school system or school
  157  district, as applicable.
  158         (4)(a)School leaders, teachers, and parents are encouraged
  159  to jointly make promotion decisions based on their students’
  160  classroom performance and progress monitoring data. Student
  161  performance results from the 2020-2021 statewide, standardized
  162  assessments may not be used for purposes of determining grade 3
  163  retention pursuant to s. 1008.25(5), Florida Statutes.
  164         (b) A parent or guardian may request that his or her grade
  165  3 public school student in the 2020-2021 school year be retained
  166  in grade 3 for the 2021-2022 school year.
  167         (c) A parent or guardian who wishes for his or her grade 3
  168  student to be retained must submit, in writing, a retention
  169  request to the school principal. Only requests received by the
  170  principal on or before June 30, 2021, must be considered. A
  171  principal may consider a request received after that date at his
  172  or her discretion.
  173         (d) A principal who considers a retention request submitted
  174  pursuant to subparagraph 2. shall inform the student’s teachers
  175  of the retention request and collaboratively discuss with the
  176  parent or guardian any basis for agreement or disagreement with
  177  the request. The parent or guardian’s decision to promote or
  178  retain his or her grade 3 student after discussing the retention
  179  request with the principal shall control.
  180         (5) A student who meets all of the requirements for
  181  graduation at the end of the 2020-2021 school year except for
  182  passing either or both statewide, standardized assessments
  183  required pursuant to s. 1003.4282(3)(a) and (b), Florida
  184  Statutes, will be deemed to have met all of the requirements for
  185  graduation.
  186         (6)Student performance results from the 2020-2021
  187  statewide, standardized assessments may not be used for
  188  calculating student performance measurement and evaluating
  189  personnel pursuant to s. 1012.34, Florida Statutes.
  190         (7) The provision in s. 1002.61(2)(a), Florida Statutes,
  191  that requires a summer prekindergarten program delivered by a
  192  public school or private prekindergarten provider to consist of
  193  at least 300 hours is waived. The 2021 summer prekindergarten
  194  program must consist of at least 200 hours. The full-time
  195  equivalent calculation for a student in a summer 2021
  196  prekindergarten program delivered by a public school or private
  197  prekindergarten provider under s. 1002.71(2)(b), Florida
  198  Statutes, shall be prorated for the number of instructional
  199  hours reported.
  200         (8) The requirement in s. 1002.89(6), Florida Statutes,
  201  that no more than 22 percent of the state, federal, and local
  202  matching funds provided to an early learning coalition to
  203  implement its approved school readiness program plan be used for
  204  any combination of administrative costs, quality activities, and
  205  nondirect services is waived for the 2020-2021 and 2021-2022
  206  school years, provided that the funds are used for purposes of
  207  emergency recovery and direct support to providers.
  208         Section 3. This act is effective upon becoming a law.