Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. HB 5101
Ì154606(Î154606
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Perry) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (d) and (f) of subsection (2) of
6 section 11.45, Florida Statutes, are amended to read:
7 11.45 Definitions; duties; authorities; reports; rules.—
8 (2) DUTIES.—The Auditor General shall:
9 (d) Annually conduct financial audits of the accounts and
10 records of all district school boards in counties with
11 populations of fewer than 150,000, according to the most recent
12 federal decennial statewide census, and the Florida School for
13 the Deaf and the Blind, and the Florida School for Competitive
14 Academics.
15 (f) At least every 3 years, conduct operational audits of
16 the accounts and records of state agencies, state universities,
17 state colleges, district school boards, the Florida Clerks of
18 Court Operations Corporation, water management districts, and
19 the Florida School for the Deaf and the Blind, and the Florida
20 School for Competitive Academics.
21
22 The Auditor General shall perform his or her duties
23 independently but under the general policies established by the
24 Legislative Auditing Committee. This subsection does not limit
25 the Auditor General’s discretionary authority to conduct other
26 audits or engagements of governmental entities as authorized in
27 subsection (3).
28 Section 2. Paragraph (a) of subsection (1) of section
29 110.1228, Florida Statutes, is amended to read:
30 110.1228 Participation by small counties, small
31 municipalities, and district school boards located in small
32 counties.—
33 (1) As used in this section, the term:
34 (a) “District school board” means a district school board
35 located in a small county or a district school board that
36 receives funding pursuant to s. 1011.62(1)(f) s. 1011.62(7).
37 Section 3. Paragraph (a) of subsection (2) of section
38 216.251, Florida Statutes, is amended to read:
39 216.251 Salary appropriations; limitations.—
40 (2)(a) The salary for each position not specifically
41 indicated in the appropriations acts shall be as provided in one
42 of the following subparagraphs:
43 1. Within the classification and pay plans provided for in
44 chapter 110.
45 2. Within the classification and pay plans established by
46 the Board of Trustees for the Florida School for the Deaf and
47 the Blind of the Department of Education and approved by the
48 State Board of Education for academic and academic
49 administrative personnel.
50 3. Within the classification and pay plan approved and
51 administered by the Board of Governors or the designee of the
52 board for those positions in the State University System.
53 4. Within the classification and pay plan approved by the
54 President of the Senate and the Speaker of the House of
55 Representatives, as the case may be, for employees of the
56 Legislature.
57 5. Within the approved classification and pay plan for the
58 judicial branch.
59 6. Within the classification and pay plans established by
60 the Board of Trustees for the Florida School for Competitive
61 Academics of the Department of Education and approved by the
62 State Board of Education for academic and academic
63 administrative personnel.
64 Section 4. Subsection (6) of section 402.22, Florida
65 Statutes, is amended to read:
66 402.22 Education program for students who reside in
67 residential care facilities operated by the Department of
68 Children and Families or the Agency for Persons with
69 Disabilities.—
70 (6) Notwithstanding the provisions of s. 1001.42(4)(m), the
71 educational program at the Marianna Sunland Center in Jackson
72 County shall be operated by the Department of Education, either
73 directly or through grants or contractual agreements with other
74 public educational agencies. The annual state allocation to any
75 such agency shall be computed pursuant to s. 1011.62(1), (2),
76 and (17) (6) and allocated in the amount that would have been
77 provided the local school district in which the residential
78 facility is located.
79 Section 5. Subsection (2) of section 447.203, Florida
80 Statutes, is amended to read:
81 447.203 Definitions.—As used in this part:
82 (2) “Public employer” or “employer” means the state or any
83 county, municipality, or special district or any subdivision or
84 agency thereof which the commission determines has sufficient
85 legal distinctiveness properly to carry out the functions of a
86 public employer. With respect to all public employees determined
87 by the commission as properly belonging to a statewide
88 bargaining unit composed of State Career Service System
89 employees or Selected Professional Service employees, the
90 Governor is shall be deemed to be the public employer; and the
91 Board of Governors of the State University System, or the
92 board’s designee, is shall be deemed to be the public employer
93 with respect to all public employees of each constituent state
94 university. The board of trustees of a community college is
95 shall be deemed to be the public employer with respect to all
96 employees of the community college. The district school board is
97 shall be deemed to be the public employer with respect to all
98 employees of the school district. The Board of Trustees of the
99 Florida School for the Deaf and the Blind is shall be deemed to
100 be the public employer with respect to the academic and academic
101 administrative personnel of the Florida School for the Deaf and
102 the Blind. The Board of Trustees of the Florida School for
103 Competitive Academics is deemed to be the public employer with
104 respect to the academic and academic administrative personnel of
105 the Florida School for Competitive Academics. The Governor is
106 shall be deemed to be the public employer with respect to all
107 employees in the Correctional Education Program of the
108 Department of Corrections established pursuant to s. 944.801.
109 Section 6. Subsection (6) is added to section 1000.04,
110 Florida Statutes, to read:
111 1000.04 Components for the delivery of public education
112 within the Florida Early Learning-20 education system.—Florida’s
113 Early Learning-20 education system provides for the delivery of
114 early learning and public education through publicly supported
115 and controlled K-12 schools, Florida College System
116 institutions, state universities and other postsecondary
117 educational institutions, other educational institutions, and
118 other educational services as provided or authorized by the
119 Constitution and laws of the state.
120 (6) THE FLORIDA SCHOOL FOR COMPETITIVE ACADEMICS.—The
121 Florida School for Competitive Academics is a component of the
122 delivery of public education within Florida’s Early Learning-20
123 education system.
124 Section 7. Paragraph (e) of subsection (4) of section
125 1001.20, Florida Statutes, is amended to read:
126 1001.20 Department under direction of state board.—
127 (4) The Department of Education shall establish the
128 following offices within the Office of the Commissioner of
129 Education which shall coordinate their activities with all other
130 divisions and offices:
131 (e) Office of Inspector General.—Organized using existing
132 resources and funds and responsible for promoting
133 accountability, efficiency, and effectiveness and detecting
134 fraud and abuse within school districts, the Florida School for
135 the Deaf and the Blind, the Florida School for Competitive
136 Academics, and Florida College System institutions in Florida.
137 If the Commissioner of Education determines that a district
138 school board, the Board of Trustees for the Florida School for
139 the Deaf and the Blind, the Board of Trustees for the Florida
140 School for Competitive Academics, or a Florida College System
141 institution board of trustees is unwilling or unable to address
142 substantiated allegations made by any person relating to waste,
143 fraud, or financial mismanagement within the school district,
144 the Florida School for the Deaf and the Blind, the Florida
145 School for Competitive Academics, or the Florida College System
146 institution, the office must shall conduct, coordinate, or
147 request investigations into such substantiated allegations. The
148 office shall investigate allegations or reports of possible
149 fraud or abuse against a district school board made by any
150 member of the Cabinet; the presiding officer of either house of
151 the Legislature; a chair of a substantive or appropriations
152 committee with jurisdiction; or a member of the board for which
153 an investigation is sought. The office shall have access to all
154 information and personnel necessary to perform its duties and
155 shall have all of its current powers, duties, and
156 responsibilities authorized in s. 20.055.
157 Section 8. Subsections (8) through (12) of section
158 1001.215, Florida Statutes, are renumbered as subsections (7)
159 through (11), respectively, and subsections (1), (3), (4), and
160 (6) and present subsection (7) of that section are amended, to
161 read:
162 1001.215 Just Read, Florida! Office.—There is created in
163 the Department of Education the Just Read, Florida! Office. The
164 office is fully accountable to the Commissioner of Education and
165 shall:
166 (1) Provide training to reading coaches and school
167 administrators on the evidence-based strategies identified
168 pursuant to subsection (7) (8) for purposes of implementation,
169 modeling, and classroom observations to support professional
170 growth and inform performance evaluations of instructional
171 personnel.
172 (3) Work with the Lastinger Center for Learning at the
173 University of Florida to develop training for K-12 teachers,
174 reading coaches, and school administrators on effective content
175 area-specific reading strategies; the coordinated integration of
176 content-rich curriculum from other core subject areas into
177 reading instruction, with an emphasis on civic literacy; and
178 evidence-based reading strategies identified pursuant to
179 subsection (7) (8) to improve student reading performance. For
180 secondary teachers, emphasis shall be on technical text. These
181 strategies must be developed for all content areas in the K-12
182 curriculum.
183 (4) Develop and provide access to sequenced, content-rich
184 curriculum programming, instructional practices, and resources
185 that help elementary schools use state-adopted instructional
186 materials to increase students’ background knowledge and
187 literacy skills, including student attainment of the Next
188 Generation Sunshine State Standards for social studies, science,
189 and the arts. The office shall, as part of the adoption cycle
190 for English Language Arts instructional materials, assist in
191 evaluating elementary grades instructional materials submitted
192 for adoption consideration in order to identify those materials
193 that are closely aligned to the content and evidence-based
194 strategies identified pursuant to subsection (7) (8) and
195 incorporate professional development to implement such
196 strategies.
197 (6) Provide technical assistance to school districts in the
198 development and implementation of district plans required under
199 s. 1003.4201 for use of the evidence-based reading instruction
200 allocation provided in s. 1011.62(8) and annually review and
201 approve such plans.
202 (7) Review, evaluate, and provide technical assistance to
203 school districts’ implementation of the comprehensive reading
204 plan required in s. 1011.62(8).
205 Section 9. Notwithstanding the expiration date in section 8
206 of chapter 2022-157, Laws of Florida, subsection (1) of section
207 1001.26, Florida Statutes, is reenacted and amended to read:
208 1001.26 Public broadcasting program system.—
209 (1) There is created a public broadcasting program system
210 for the state. The department shall provide funds, as
211 specifically appropriated in the General Appropriations Act, to
212 educational television and radio stations qualified by the
213 Corporation for Public Broadcasting or public colleges and
214 universities that are part of the public broadcasting program
215 system. The program system must include:
216 (a) Support for existing Corporation for Public
217 Broadcasting qualified program system educational television
218 stations.
219 (b) Maintenance of quality broadcast capability for
220 educational stations that are part of the program system.
221 (c) Interconnection of all educational stations that are
222 part of the program system for simultaneous broadcast and of
223 such stations with all universities and other institutions as
224 necessary for sharing of resources and delivery of programming.
225 (d) Establishment and maintenance of a capability for
226 statewide program distribution with facilities and staff,
227 provided such facilities and staff complement and strengthen
228 existing educational television stations.
229 (e) Provision of both statewide programming funds and
230 station programming support for educational television to meet
231 statewide priorities. Priorities for station programming need
232 not be the same as priorities for programming to be used
233 statewide. Station programming may include, but shall not be
234 limited to, citizens’ participation programs, music and fine
235 arts programs, coverage of public hearings and governmental
236 meetings, equal air time for political candidates, and other
237 public interest programming.
238 Section 10. Subsection (21) of section 1001.42, Florida
239 Statutes, is amended to read:
240 1001.42 Powers and duties of district school board.—The
241 district school board, acting as a board, shall exercise all
242 powers and perform all duties listed below:
243 (21) EDUCATIONAL EMERGENCY.—Negotiate special provisions of
244 its contract with the appropriate bargaining units To free
245 schools with a school grade of “D” or “F” from contract
246 restrictions that limit the school’s ability to implement
247 programs and strategies needed to improve student performance, a
248 district school board may adopt salary incentives or other
249 strategies that address. The negotiations shall result in a
250 memorandum of understanding that addresses the selection,
251 placement, compensation, and expectations of instructional
252 personnel and provide provides principals with the autonomy
253 described in s. 1012.28(8). For purposes of this subsection, an
254 educational emergency exists in a school district if one or more
255 schools in the district have a school grade of “D” or “F.”
256 Notwithstanding chapter 447, relating to collective bargaining,
257 a district school board may:
258 (a) Provide salary incentives that differentiate based on a
259 teacher’s certification, subject area taught, or grade level
260 taught. Such incentives are not subject to collective bargaining
261 requirements.
262 (b) Notwithstanding s. 1012.2315, relating to assignment of
263 teachers, adopt strategies to assign high-quality teachers more
264 equitably across schools in the district to low-performing
265 schools as a management right. Such strategies are not subject
266 to collective bargaining requirements.
267 Section 11. Paragraph (h) is added to subsection (2) of
268 section 1001.43, Florida Statutes, to read:
269 1001.43 Supplemental powers and duties of district school
270 board.—The district school board may exercise the following
271 supplemental powers and duties as authorized by this code or
272 State Board of Education rule.
273 (2) FISCAL MANAGEMENT.—The district school board may adopt
274 policies providing for fiscal management of the school district
275 with respect to school purchasing, facilities, nonstate revenue
276 sources, budgeting, fundraising, and other activities relating
277 to the fiscal management of district resources, including, but
278 not limited to, the policies governing:
279 (h) Assessment of a kindergarten through grade 12 student
280 fee for voluntary, noncredit summer school enrollment in basic
281 program courses. The amount of any student fee shall be based on
282 the ability of the student to pay such fee as determined by
283 district school board policy.
284 Section 12. Paragraphs (e) through (h) of subsection (9) of
285 section 1002.32, Florida Statutes, are redesignated as
286 paragraphs (d) through (g), respectively, and present paragraphs
287 (a) and (d) of that subsection are amended, to read:
288 1002.32 Developmental research (laboratory) schools.—
289 (9) FUNDING.—Funding for a lab school, including a charter
290 lab school, shall be provided as follows:
291 (a) Each lab school shall receive state funds for operating
292 purposes as provided in be allocated its proportional share of
293 operating funds from the Florida Education Finance Program as
294 defined provided in s. 1011.61(5) s. 1011.62 based on the county
295 in which the lab school is located and as specified in the
296 General Appropriations Act.
297 1. The nonvoted required local effort millage established
298 pursuant to s. 1011.71(1) ad valorem millage that would
299 otherwise be required for lab schools shall be allocated from
300 state funds.
301 2. An equivalent amount of funds for the operating
302 discretionary millage authorized pursuant to s. 1011.71(1) shall
303 be allocated to each lab school through a state-funded
304 discretionary contribution established pursuant to s. 1011.62(6)
305 The required local effort funds calculated pursuant to s.
306 1011.62 shall be allocated from state funds to the schools as a
307 part of the allocation of operating funds pursuant to s.
308 1011.62. Each eligible lab school in operation as of September
309 1, 2013, with a permanent high school center shall also receive
310 a proportional share of the sparsity supplement as calculated
311 pursuant to s. 1011.62. In addition, each lab school shall
312 receive its proportional share of all categorical funds, with
313 the exception of s. 1011.68, and new categorical funds enacted
314 after July 1, 1994, for the purpose of elementary or secondary
315 academic program enhancement. The sum of funds available as
316 provided in this paragraph shall be included annually in the
317 Florida Education Finance Program and appropriate categorical
318 programs funded in the General Appropriations Act.
319 (d) Each lab school shall receive funds for operating
320 purposes in an amount determined as follows: multiply the
321 maximum allowable nonvoted discretionary millage for operations
322 pursuant to s. 1011.71(1) and (3) by the value of 96 percent of
323 the current year’s taxable value for school purposes for the
324 district in which each lab school is located; divide the result
325 by the total full-time equivalent membership of the district;
326 and multiply the result by the full-time equivalent membership
327 of the lab school. The amount thus obtained shall be
328 discretionary operating funds and shall be appropriated from
329 state funds in the General Appropriations Act to the Lab School
330 Trust Fund.
331 Section 13. Section 1002.351, Florida Statutes, is created
332 to read:
333 1002.351 The Florida School for Competitive Academics.—
334 (1) ESTABLISHMENT.—There is established the Florida School
335 for Competitive Academics. The school shall be located in
336 Alachua County and is a state-supported public school for
337 Florida residents in grades 6-12. The primary purpose of the
338 school is to provide a rigorous academic curriculum, and the
339 secondary purpose is to prepare students for regional, state,
340 and national academic competitions in all areas of study,
341 including, but not limited to, science, technology, engineering,
342 and mathematics. The school may admit students in grades 6-12
343 beginning in the 2024-2025 school year.
344 (2) MISSION.—
345 (a) The mission of the Florida School for Competitive
346 Academics is to provide students who meet selective admissions
347 requirements an environment that will foster high academic
348 engagement and advanced understanding of subject areas, develop
349 productive work habits, build resiliency, connect students with
350 industry leaders, and promote civic leadership.
351 (b) To assist in the recruitment of students, the Florida
352 School for Competitive Academics must be included in the school
353 choice online portal established under s. 1001.10(10). The
354 portal must include information about the opportunity for
355 parents to submit their child’s educational records to the
356 Florida School for Competitive Academics for consideration for
357 admission.
358 (3) BOARD OF TRUSTEES.—
359 (a)1. The Florida School for Competitive Academics shall be
360 governed by a board of trustees composed of seven members
361 appointed by the Governor to 4-year terms and confirmed by the
362 Senate. For purposes of staggering terms, four members,
363 including the chair as designated by the Governor, shall be
364 appointed to 4-year terms beginning July 1, 2023, and three
365 members shall be appointed to 2-year terms beginning July 1,
366 2023. After the initial 4-year term, the chair shall be elected
367 by the board.
368 2. No more than one employee of the school may serve on the
369 board of trustees as a member or as chair.
370 (b) Members of the board of trustees shall serve without
371 compensation, but may be reimbursed for per diem and travel
372 expenses pursuant to s. 112.061.
373 (c) The board of trustees is a public agency entitled to
374 sovereign immunity pursuant to s. 768.28, and board members are
375 public officers who bear fiduciary responsibility for the
376 Florida School for Competitive Academics.
377 (d) The board of trustees is a body corporate with all the
378 powers of a body corporate and with such authority as is needed
379 for the proper operation and improvement of the Florida School
380 for Competitive Academics. Title to any gift, donation, or
381 bequest received by the board of trustees must vest in the board
382 of trustees. Title to all other property and other assets of the
383 Florida School for Competitive Academics must vest in the State
384 Board of Education, but the board of trustees has complete
385 jurisdiction over the management of the school.
386 (e) The board of trustees has the full power and authority
387 to:
388 1. Adopt rules pursuant to ss. 120.536(1) and 120.54 to
389 implement provisions of law relating to operation of the Florida
390 School for Competitive Academics. Such rules must be submitted
391 to the State Board of Education for approval or disapproval.
392 After a rule is approved by the State Board of Education, the
393 rule must be filed immediately with the Department of State. The
394 board of trustees shall act at all times in conjunction with the
395 rules of the State Board of Education.
396 2. Appoint a principal, administrators, teachers, and other
397 employees.
398 3. Remove principals, administrators, teachers, and other
399 employees at the board’s discretion.
400 4. Determine eligibility of students and procedures for
401 admission.
402 5. Provide for the proper keeping of accounts and records
403 and for budgeting of funds.
404 6. Receive gifts, donations, and bequests of money or
405 property, real or personal, tangible or intangible, from any
406 person, firm, corporation, or other legal entity for the use and
407 benefit of the school.
408 7. Recommend to the Legislature for the school to become a
409 residential public school.
410 8. Do and perform every other matter or thing requisite to
411 the proper management, maintenance, support, and control of the
412 school at the highest efficiency economically possible.
413 (f) The board of trustees shall:
414 1. Prepare and submit legislative budget requests for
415 operations and fixed capital outlay, in accordance with chapter
416 216 and ss. 1011.56 and 1013.60, to the Department of Education
417 for review and approval. The department must analyze the amount
418 requested for fixed capital outlay to determine if the request
419 is consistent with the school’s campus master plan, educational
420 plant survey, and facilities master plan.
421 2. Approve and administer an annual operating budget in
422 accordance with ss. 1011.56 and 1011.57.
423 3. Require all purchases to be in accordance with chapter
424 287 except for purchases made with funds received as gifts,
425 donations, or bequests or funds raised by or belonging to
426 student clubs or student organizations.
427 4. Administer and maintain personnel programs for all
428 employees of the board of trustees and the Florida School for
429 Competitive Academics, who shall be school employees, including
430 the personnel.
431 5. Ensure that the Florida School for Competitive Academics
432 complies with s. 1013.351 concerning the coordination of
433 planning between the Florida School for Competitive Academics
434 and local governing bodies.
435 6. Ensure that the Florida School for Competitive Academics
436 complies with s. 112.061 concerning per diem and travel
437 expenses.
438 7. Adopt a master plan that specifies the objectives of the
439 Florida School for Competitive Academics. The plan must be for a
440 period of 5 years and must be reviewed for needed modifications
441 every 2 years. The board of trustees shall submit the initial
442 plan and subsequent modifications to the President of the Senate
443 and the Speaker of the House of Representatives.
444 (4) STUDENT AND EMPLOYEE RECORDS.—The board of trustees
445 shall provide for the content and custody of student and
446 employee personnel records. Student records are subject to s.
447 1002.22. Employee records are subject to s. 1012.31.
448 (5) PERSONNEL.—
449 (a) The Florida School for Competitive Academics Board of
450 Trustees shall require all employees and applicants for
451 employment to undergo background screening as provided in s.
452 1012.32 as a condition of employment and continued employment.
453 Members of the board of trustees must also undergo background
454 screening in accordance with the relevant provisions of s.
455 1012.32. An individual may not be employed as an employee or
456 contract personnel of the school or serve as a member of the
457 board of trustees if the individual is on the disqualification
458 list maintained by the department pursuant to s. 1001.10(4)(b).
459 (b) In accordance with law and rules of the State Board of
460 Education, the board of trustees shall administer and maintain
461 personnel programs for all employees of the board of trustees
462 and the Florida School for Competitive Academics. The board of
463 trustees may adopt rules, policies, and procedures related to
464 the appointment, employment, and removal of personnel.
465 1. The board of trustees shall determine the compensation,
466 including salaries and fringe benefits, and other conditions of
467 employment for such personnel.
468 2. Classroom teachers employed by the school must be
469 certified pursuant to chapter 1012.
470 3. Each person employed by the board of trustees in an
471 academic, administrative, or instructional capacity with the
472 Florida School for Competitive Academics is entitled to a
473 contract as provided by rules of the board of trustees.
474 4. All employees, except temporary, seasonal, and student
475 employees, may be provided Florida Retirement System benefits
476 from the school through operational costs.
477 (6) FUNDING.—
478 (a) The Florida School for Competitive Academics shall
479 receive state funds for operating purposes as provided in the
480 General Appropriations Act.
481 (b) In addition to the funds provided in the General
482 Appropriations Act, the Florida School for Competitive Academics
483 may receive other funds from grants and donations.
484 (7) AUDITS.—The Auditor General shall conduct audits of the
485 accounts and records of the Florida School for Competitive
486 Academics as provided in s. 11.45. The Department of Education’s
487 Inspector General is authorized to conduct investigations at the
488 school as provided in s. 1001.20(4)(e).
489 (8) EXEMPTION FROM STATUTES.—
490 (a) The Florida School for Competitive Academics is exempt
491 from all statutes in chapters 1000-1013. However, the Florida
492 School for Competitive Academics shall be in compliance with the
493 following statutes in chapters 1000-1013:
494 1. This section.
495 2. Those statutes pertaining to the student assessment
496 program and school grading system.
497 3. Those statutes pertaining to the provision of services
498 to students with disabilities.
499 4. Those statutes pertaining to civil rights, including,
500 but not limited to, s. 1000.05, relating to discrimination.
501 5. Those statutes pertaining to student health, safety, and
502 welfare.
503 (b) Additionally, the Florida School for Competitive
504 Academics shall be in compliance with the following statutes:
505 1. Section 286.011, relating to public meetings and
506 records, public inspection, and criminal and civil penalties.
507 2. Chapter 119, relating to public records.
508 3. Section 1006.12, relating to safe-school officers.
509 4. Section 1006.07(7), relating to threat assessment teams.
510 5. Section 1006.07(9), relating to school environmental
511 safety incident reporting.
512 6. Section 1006.07(10), relating to reporting of
513 involuntary examinations.
514 7. Section 1006.1493, relating to the Florida Safe Schools
515 Assessment Tool.
516 8. Section 1006.07(6)(d), relating to adopting active
517 assailant response plans.
518 9. Section 943.082(4)(b), relating to the mobile suspicious
519 activity reporting tool.
520 10. Section 1012.584, relating to youth mental health
521 awareness and assistance training.
522 11. Section 1003.4282, relating to requirements for a
523 standard high school diploma.
524 12. Section 1003.03(1), relating to class size maximums.
525 13.a. Section 1011.61, relating to instructional hours
526 requirements.
527 b. Notwithstanding sub-subparagraph a., the school may
528 provide instruction that exceeds the minimum time requirements
529 for the purposes of offering a summer program.
530 (c) For purposes of this subsection:
531 1. The duties assigned to a district school superintendent
532 apply to the director of the Florida School for Competitive
533 Academics.
534 2. The duties assigned to a district school board apply to
535 the board of trustees.
536 Section 14. Paragraphs (e) and (f) of subsection (3) of
537 section 1002.37, Florida Statutes, are amended to read:
538 1002.37 The Florida Virtual School.—
539 (3) Funding for the Florida Virtual School shall be
540 provided as follows:
541 (e) The comparable wage factor district cost differential
542 as provided in s. 1011.62(2) shall be established as 1.000.
543 (f) The Florida Virtual School shall receive state funds
544 for operating purposes as provided in the General Appropriations
545 Act. The calculation to determine the amount of state funds
546 includes: the sum of the basic amount for current operations
547 established in s. 1011.62(1)(s), the discretionary millage
548 compression supplement established in s. 1011.62(5) base Florida
549 Education Finance Program funding, the state-funded
550 discretionary contribution established in s. 1011.62(6), and a
551 per-full-time equivalent share of the discretionary millage
552 compression supplement, the exceptional student education
553 guaranteed allocation established in s. 1011.62(8), and the
554 mental health assistance allocation established in s.
555 1011.62(13) the instructional materials allocation, the
556 evidence-based reading instruction allocation, the mental health
557 assistance allocation, and the teacher salary increase
558 allocation. For the purpose of calculating the state-funded
559 discretionary contribution, multiply the maximum allowable
560 nonvoted discretionary millage for operations pursuant to s.
561 1011.71(1) and (3) by the value of 96 percent of the current
562 year’s taxable value for school purposes for the state; divide
563 the result by the total full-time equivalent membership of the
564 state; and multiply the result by the full-time equivalent
565 membership of the school. Funds may not be provided for the
566 purpose of fulfilling the class size requirements in ss. 1003.03
567 and 1011.685.
568 Section 15. Subsection (12) of section 1002.394, Florida
569 Statutes, as amended by chapter 2023-16, Laws of Florida, is
570 amended to read:
571 1002.394 The Family Empowerment Scholarship Program.—
572 (12) SCHOLARSHIP FUNDING AND PAYMENT.—
573 (a)1. Scholarships for students determined eligible
574 pursuant to paragraph (3)(a) may be funded once all scholarships
575 have been funded in accordance with s. 1002.395(6)(l)2. The
576 calculated scholarship amount for a participating student
577 determined eligible pursuant to paragraph (3)(a) shall be based
578 upon the grade level and school district in which the student
579 was assigned as 100 percent of the funds per unweighted full
580 time equivalent in the Florida Education Finance Program for a
581 student in the basic program established pursuant to s.
582 1011.62(1)(c)1., plus a per-full-time equivalent share of funds
583 for the all categorical programs established in s. 1011.62(5),
584 (7)(a), and (16), as funded in the General Appropriations Act,
585 except for the exceptional student education guaranteed
586 allocation established pursuant to s. 1011.62(1)(e).
587 2. A scholarship of $750 or an amount equal to the school
588 district expenditure per student riding a school bus, as
589 determined by the department, whichever is greater, may be
590 awarded to an eligible student who is enrolled in a Florida
591 public school that is different from the school to which the
592 student was assigned or in a lab school as defined in s. 1002.32
593 if the school district does not provide the student with
594 transportation to the school.
595 3. The organization must provide the department with the
596 documentation necessary to verify the student’s participation.
597 Upon receiving the documentation, the department shall transfer,
598 beginning August 1, from state funds only, the amount calculated
599 pursuant to subparagraph 2. to the organization for quarterly
600 disbursement to parents of participating students each school
601 year in which the scholarship is in force. For a student exiting
602 a Department of Juvenile Justice commitment program who chooses
603 to participate in the scholarship program, the amount of the
604 Family Empowerment Scholarship calculated pursuant to
605 subparagraph 2. must be transferred from the school district in
606 which the student last attended a public school before
607 commitment to the Department of Juvenile Justice. When a student
608 enters the scholarship program, the organization must receive
609 all documentation required for the student’s participation,
610 including the private school’s and the student’s fee schedules,
611 at least 30 days before the first quarterly scholarship payment
612 is made for the student.
613 4. The initial payment shall be made after the
614 organization’s verification of admission acceptance, and
615 subsequent payments shall be made upon verification of continued
616 enrollment and attendance at the private school. Payment must be
617 by funds transfer or any other means of payment that the
618 department deems to be commercially viable or cost-effective. An
619 organization shall ensure that the parent has approved a funds
620 transfer before any scholarship funds are deposited.
621 5. An organization may not transfer any funds to an account
622 of a student determined eligible pursuant to paragraph (3)(a)
623 which has a balance in excess of $24,000.
624 (b)1. Scholarships for students determined eligible
625 pursuant to paragraph (3)(b) are established for up to 26,500
626 students annually beginning in the 2022-2023 school year.
627 Beginning in the 2023-2024 school year, the maximum number of
628 students participating in the scholarship program under this
629 section shall annually increase by 3.0 percent of the state’s
630 total exceptional student education full-time equivalent student
631 membership, not including gifted students. An eligible student
632 who meets any of the following requirements shall be excluded
633 from the maximum number of students if the student:
634 a. Received specialized instructional services under the
635 Voluntary Prekindergarten Education Program pursuant to s.
636 1002.66 during the previous school year and the student has a
637 current IEP developed by the district school board in accordance
638 with rules of the State Board of Education;
639 b. Is a dependent child of a law enforcement officer or a
640 member of the United States Armed Forces, a foster child, or an
641 adopted child; or
642 c. Spent the prior school year in attendance at a Florida
643 public school or the Florida School for the Deaf and the Blind.
644 For purposes of this subparagraph, the term “prior school year
645 in attendance” means that the student was enrolled and reported
646 by:
647 (I) A school district for funding during either the
648 preceding October or February full-time equivalent student
649 membership surveys in kindergarten through grade 12, which
650 includes time spent in a Department of Juvenile Justice
651 commitment program if funded under the Florida Education Finance
652 Program;
653 (II) The Florida School for the Deaf and the Blind during
654 the preceding October or February full-time equivalent student
655 membership surveys in kindergarten through grade 12;
656 (III) A school district for funding during the preceding
657 October or February full-time equivalent student membership
658 surveys, was at least 4 years of age when enrolled and reported,
659 and was eligible for services under s. 1003.21(1)(e); or
660 (IV) Received a John M. McKay Scholarship for Students with
661 Disabilities in the 2021-2022 school year.
662 2. For a student who has a Level I to Level III matrix of
663 services or a diagnosis by a physician or psychologist, the
664 calculated scholarship amount for a student participating in the
665 program must be based upon the grade level and school district
666 in which the student would have been enrolled as the total funds
667 per unweighted full-time equivalent in the Florida Education
668 Finance Program for a student in the basic exceptional student
669 education program pursuant to s. 1011.62(1)(c) and (d) s.
670 1011.62(1)(c)1. and (e)1.c., plus a per full-time equivalent
671 share of funds for the all categorical programs established in
672 s. 1011.62(5), (7)(a), (8), and (16), as funded in the General
673 Appropriations Act. For the categorical program established, as
674 funded in the General Appropriations Act, except that for the
675 exceptional student education guaranteed allocation, as provided
676 in s. 1011.62(8) s. 1011.62(1)(e)1.c. and 2., the funds must be
677 allocated based on the school district’s average exceptional
678 student education guaranteed allocation funds per exceptional
679 student education full-time equivalent student.
680 3. For a student with a Level IV or Level V matrix of
681 services, the calculated scholarship amount must be based upon
682 the school district to which the student would have been
683 assigned as the total funds per full-time equivalent for the
684 Level IV or Level V exceptional student education program
685 pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
686 equivalent share of funds for the all categorical programs
687 established in s. 1011.62(5), (7)(a), and (16), as funded in the
688 General Appropriations Act.
689 4. For a student who received a Gardiner Scholarship
690 pursuant to s. 1002.385 in the 2020-2021 school year, the amount
691 shall be the greater of the amount calculated pursuant to
692 subparagraph 2. or the amount the student received for the 2020
693 2021 school year.
694 5. For a student who received a John M. McKay Scholarship
695 pursuant to s. 1002.39 in the 2020-2021 school year, the amount
696 shall be the greater of the amount calculated pursuant to
697 subparagraph 2. or the amount the student received for the 2020
698 2021 school year.
699 6. The organization must provide the department with the
700 documentation necessary to verify the student’s participation.
701 7. Upon receiving the documentation, the department shall
702 release, from state funds only, the student’s scholarship funds
703 to the organization, to be deposited into the student’s account
704 in four equal amounts no later than September 1, November 1,
705 February 1, and April 1 of each school year in which the
706 scholarship is in force.
707 8. Accrued interest in the student’s account is in addition
708 to, and not part of, the awarded funds. Program funds include
709 both the awarded funds and accrued interest.
710 9. The organization may develop a system for payment of
711 benefits by funds transfer, including, but not limited to, debit
712 cards, electronic payment cards, or any other means of payment
713 which the department deems to be commercially viable or cost
714 effective. A student’s scholarship award may not be reduced for
715 debit card or electronic payment fees. Commodities or services
716 related to the development of such a system must be procured by
717 competitive solicitation unless they are purchased from a state
718 term contract pursuant to s. 287.056.
719 10. An organization may not transfer any funds to an
720 account of a student determined to be eligible pursuant to
721 paragraph (3)(b) which has a balance in excess of $50,000.
722 11. Moneys received pursuant to this section do not
723 constitute taxable income to the qualified student or the parent
724 of the qualified student.
725 Section 16. Paragraph (e) of subsection (1) and paragraph
726 (b) of subsection (6) of section 1002.45, Florida Statutes, are
727 amended to read:
728 1002.45 Virtual instruction programs.—
729 (1) PROGRAM.—
730 (e) Each school district shall:
731 1. Provide to the department by each October 1, a copy of
732 each contract and the amount paid per unweighted full-time
733 equivalent virtual student for services procured pursuant to
734 subparagraphs (c)1. and 2.
735 2. Expend any difference in the amount of funds per
736 unweighted full-time equivalent virtual student allocated to the
737 school district pursuant to subsection (6) and the amount paid
738 per unweighted full-time equivalent virtual student by the
739 school district for a contract executed pursuant to subparagraph
740 (c)1. or subparagraph (c)2. on acquiring computer and device
741 hardware and associated operating system software that comply
742 with the requirements of s. 1001.20(4)(a)1.b.
743 3. Provide to the department by September 1 of each year an
744 itemized list of items acquired in subparagraph 2.
745 4. Limit the enrollment of full-time equivalent virtual
746 students residing outside of the school district providing the
747 virtual instruction pursuant to paragraph (c) to no more than
748 those that can be funded from state Florida Education Finance
749 Program funds 50 percent of the total enrolled full-time
750 equivalent virtual students residing inside the school district
751 providing the virtual instruction. This subparagraph applies to
752 any virtual instruction contract or agreement that is entered
753 into for the first time after June 30, 2021. However, a school
754 district may not enroll more full-time equivalent virtual
755 students residing outside of the school district than the total
756 number of reported full-time equivalent students residing inside
757 the school district.
758 (6) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
759 FUNDING.—
760 (b) Students enrolled in a virtual instruction program
761 shall be funded in the Florida Education Finance Program as
762 provided in the General Appropriations Act. The calculation to
763 determine the amount of funds for each student through the
764 Florida Education Finance Program shall include the sum of the
765 basic amount for current operations established in base Florida
766 Education Finance Program pursuant to s. 1011.62(1)(s) and all
767 categorical programs except for the categorical programs
768 established in ss. 1011.62(7), (12), and (14), 1011.68, and
769 1011.685 pursuant to ss. 1011.62(1)(f), (7), and (13); 1011.68;
770 1011.685; and 1012.71. Students residing outside of the school
771 district reporting the full-time equivalent virtual student
772 shall be funded from state funds only.
773 Section 17. Subsection (1) of section 1002.59, Florida
774 Statutes, is amended to read:
775 1002.59 Emergent literacy and performance standards
776 training courses.—
777 (1) The department, in collaboration with the Just Read,
778 Florida! Office, shall adopt minimum standards for courses in
779 emergent literacy for prekindergarten instructors. Each course
780 must comprise 5 clock hours and provide instruction in
781 strategies and techniques to address the age-appropriate
782 progress of prekindergarten students in developing emergent
783 literacy skills, including oral communication, knowledge of
784 print and letters, phonological and phonemic awareness, and
785 vocabulary and comprehension development, consistent with the
786 evidence-based content and strategies identified pursuant to s.
787 1001.215(7) s. 1001.215(8). The course standards must be
788 reviewed as part of any review of subject coverage or
789 endorsement requirements in the elementary, reading, and
790 exceptional student educational areas conducted pursuant to s.
791 1012.586. Each course must also provide resources containing
792 strategies that allow students with disabilities and other
793 special needs to derive maximum benefit from the Voluntary
794 Prekindergarten Education Program. Successful completion of an
795 emergent literacy training course approved under this section
796 satisfies requirements for approved training in early literacy
797 and language development under ss. 402.305(2)(e)5., 402.313(6),
798 and 402.3131(5).
799 Section 18. Paragraph (b) of subsection (3) of section
800 1002.71, Florida Statutes, is amended to read:
801 1002.71 Funding; financial and attendance reporting.—
802 (3)
803 (b) Each county’s allocation per full-time equivalent
804 student in the Voluntary Prekindergarten Education Program shall
805 be calculated annually by multiplying the base student
806 allocation provided in the General Appropriations Act by the
807 county’s comparable wage factor district cost differential
808 provided in s. 1011.62(2). Each private prekindergarten provider
809 and public school shall be paid in accordance with the county’s
810 allocation per full-time equivalent student.
811 Section 19. Paragraph (a) of subsection (17) of section
812 1002.84, Florida Statutes, is amended to read:
813 1002.84 Early learning coalitions; school readiness powers
814 and duties.—Each early learning coalition shall:
815 (17)(a) Distribute the school readiness program funds as
816 allocated in the General Appropriations Act to the eligible
817 providers using the following methodology:
818 1. For each county in the early learning coalition,
819 multiply the cost of care by care level as provided in s.
820 1002.90 by the county’s comparable wage factor district cost
821 differential provided in s. 1011.62(2).
822 2. If a county enacted a local ordinance before January 1,
823 2022, that establishes the county’s staff-to-children ratio for
824 licensed child care facilities below the ratio established in s.
825 402.305(4), multiply the provider reimbursement rates for that
826 county by the adjustment factor specified in the General
827 Appropriations Act.
828 3. Apply the weight established pursuant to s. 1002.90 for
829 each provider type to calculate the minimum provider
830 reimbursement rates by care level.
831 4. Multiply the weighted provider reimbursement rates by 22
832 percent to determine the amount of the school readiness
833 allocation an early learning coalition is eligible to retain
834 pursuant to s. 1002.89(4).
835
836 Each early learning coalition with approved minimum provider
837 reimbursement rates for the infant to age 5 care levels that are
838 higher than the minimum provider reimbursement rates established
839 in this subsection may continue to implement its approved
840 minimum provider reimbursement rates until the rates established
841 in this subsection exceed its approved rates.
842 Section 20. Paragraph (a) of subsection (1) of section
843 1002.89, Florida Statutes, is amended to read:
844 1002.89 School readiness program; funding.—
845 (1) DETERMINATION OF EARLY LEARNING COALITION SCHOOL
846 READINESS PROGRAM FUNDING.—Funding for the school readiness
847 program shall be used by the early learning coalitions in
848 accordance with this part and the General Appropriations Act.
849 (a) School readiness program allocation.—If the annual
850 allocation for the school readiness program is not determined in
851 the General Appropriations Act or the substantive bill
852 implementing the General Appropriations Act, it shall be
853 determined as follows:
854 1. For each county in the early learning coalition, the
855 total school readiness eligible population, as adopted by the
856 Early Learning Programs Estimating Conference pursuant to s.
857 216.136(8), shall be multiplied by the county’s comparable wage
858 factor district cost differential provided in s. 1011.62(2).
859 2. If a county passed a local ordinance before January 1,
860 2022, that establishes the county’s staff-to-children ratio for
861 licensed child care facilities below the ratio established in s.
862 402.305(4), multiply the product calculated in subparagraph 1.
863 by the adjustment factor specified in the General Appropriations
864 Act.
865 3. Each county’s school readiness allocation shall be based
866 on the county’s proportionate share of the total adjusted
867 eligible school readiness population.
868 Section 21. Paragraph (c) of subsection (1) of section
869 1002.995, Florida Statutes, is amended to read:
870 1002.995 Early learning professional development standards
871 and career pathways.—
872 (1) The department shall:
873 (c) Subject to the appropriation of funds by the
874 Legislature, provide incentives to school readiness personnel
875 who meet the requirements of s. 1002.88(1)(e) and
876 prekindergarten instructors who meet the requirements specified
877 in s. 1002.55, s. 1002.61, or s. 1002.63 and who possess a
878 reading certification or endorsement or a literacy micro
879 credential as specified in s. 1003.485 and teach students in the
880 school readiness program or the voluntary prekindergarten
881 education program or work in the child care or early learning
882 setting.
883 Section 22. Paragraph (a) of subsection (4) of section
884 1003.03, Florida Statutes, is amended to read:
885 1003.03 Maximum class size.—
886 (4) ACCOUNTABILITY.—
887 (a) If the department determines that the number of
888 students assigned to any individual class exceeds the class size
889 maximum, as required in subsection (1), based upon the October
890 student membership survey, the department shall:
891 1. Identify, for each grade group, the number of classes in
892 which the number of students exceeds the maximum and the total
893 number of students which exceeds the maximum for all classes.
894 2. Determine the number of FTE students which exceeds the
895 maximum for each grade group.
896 3. Multiply the total number of FTE students which exceeds
897 the maximum for each grade group by the district’s FTE dollar
898 amount of the class size categorical allocation for that year
899 and calculate the total for all three grade groups.
900 4. Multiply the total number of FTE students which exceeds
901 the maximum for all classes by an amount equal to 50 percent of
902 the base student allocation adjusted by the district cost
903 differential for each of the 2010-2011 through 2013-2014 fiscal
904 years and by an amount equal to the base student allocation
905 adjusted by the comparable wage factor district cost
906 differential in the 2014-2015 fiscal year and thereafter.
907 5. Reduce the district’s class size categorical allocation
908 by an amount equal to the sum of the calculations in
909 subparagraphs 3. and 4.
910 Section 23. Section 1003.4201, Florida Statutes, is created
911 to read:
912 1003.4201 Comprehensive system of reading instruction.—Each
913 school district must implement a system of comprehensive reading
914 instruction for students enrolled in prekindergarten through
915 grade 12 and certain students who exhibit a substantial
916 deficiency in early literacy.
917 (1) Each school district must develop, and submit to the
918 district school board for approval, a detailed reading
919 instruction plan that outlines the components of the district’s
920 comprehensive system of reading instruction. The plan must
921 include all district schools, including charter schools, unless
922 a charter school elects to submit a plan independently from the
923 school district. A charter school plan must comply with all of
924 the provisions of this section and must be approved by the
925 charter school’s governing body and provided to the charter
926 school’s sponsor.
927 (2)(a) Components of the reading instruction plan may
928 include the following:
929 1. Additional time per day of evidence-based intensive
930 reading instruction for kindergarten through grade 12 students,
931 which may be delivered during or outside of the regular school
932 day.
933 2. Highly qualified reading coaches, who must be endorsed
934 in reading, to specifically support classroom teachers in making
935 instructional decisions based on progress monitoring data
936 collected pursuant to s. 1008.25(8) and improve classroom
937 teacher delivery of effective reading instruction, reading
938 intervention, and reading in the content areas based on student
939 need.
940 3. Professional development to help instructional personnel
941 and certified prekindergarten teachers funded in the Florida
942 Education Finance Program earn a certification, a credential, an
943 endorsement, or an advanced degree in scientifically researched
944 and evidence-based reading instruction.
945 4. Summer reading camps, using only classroom teachers or
946 other district personnel who possess a micro-credential as
947 specified in s. 1003.485 or are certified or endorsed in reading
948 consistent with s. 1008.25(7)(b)3., for all students in
949 kindergarten through grade 5 exhibiting a reading deficiency as
950 determined by district and state assessments.
951 5. Incentives for instructional personnel and certified
952 prekindergarten teachers funded in the Florida Education Finance
953 Program who possess a reading certification or endorsement or
954 micro-credential as specified in s. 1003.485 and provide
955 educational support to improve student literacy.
956 6. Tutoring in reading.
957 (b) Each school district must include in its reading
958 instruction plan the planned school year expenditures for each
959 component of such plan.
960 (3) Each school district shall submit its approved reading
961 instruction plan, including approved reading instruction plans
962 for each charter school in the district, to the Department of
963 Education by August 1 of each fiscal year.
964 (4) The department shall evaluate the implementation of
965 each school district reading instruction plan, including
966 conducting site visits and collecting specific data on reading
967 improvement results.
968 (5) By February 1 of each year, the department shall report
969 its findings to the Legislature and the State Board of
970 Education, including any recommendations for improving
971 implementation of evidence-based intensive reading and
972 intervention strategies in the classroom.
973 (6) For purposes of this section, the term “evidence-based”
974 means demonstrating a statistically significant effect on
975 improving student outcomes or other relevant outcomes as
976 provided in 20 U.S.C. s. 8101(21)(A)(i).
977 Section 24. Paragraphs (g) and (h) of subsection (4) of
978 section 1003.485, Florida Statutes, are amended to read:
979 1003.485 The New Worlds Reading Initiative.—
980 (4) ADMINISTRATOR RESPONSIBILITIES.—The administrator
981 shall:
982 (g) Develop a micro-credential that requires teachers to
983 demonstrate competency to:
984 1. Diagnose literacy difficulties and determine the
985 appropriate range of literacy interventions based upon the age
986 and literacy deficiency of the student;
987 2. Use evidence-based instructional and intervention
988 practices, including strategies identified by the Just Read,
989 Florida! Office pursuant to s. 1001.215(7) s. 1001.215(8); and
990 3. Effectively use progress monitoring and intervention
991 materials.
992 (h) Administer the early literacy micro-credential program
993 established under this section, which must include components on
994 content, student learning, pedagogy, and professional
995 development and must build on a strong foundation of
996 scientifically researched and evidence-based reading
997 instructional and intervention programs that incorporate
998 explicit, systematic, and sequential approaches to teaching
999 phonemic awareness, phonics, vocabulary, fluency, and text
1000 comprehension and incorporate decodable or phonetic text
1001 instructional strategies, as identified by the Just Read,
1002 Florida! Office, pursuant to s. 1001.215(7) s. 1001.215(8).
1003 1. At a minimum, the micro-credential curriculum must be
1004 designed specifically for instructional personnel in
1005 prekindergarten through grade 3 based upon the strategies and
1006 techniques identified in s. 1002.59 and address foundational
1007 literacy skills of students in grades 4 through 12.
1008 2. The micro-credential must be competency based and
1009 designed for eligible instructional personnel to complete the
1010 credentialing process in no more than 60 hours, in an online
1011 format. The micro-credential may be delivered in an in-person
1012 format. Eligible instructional personnel may receive the micro
1013 credential once competency is demonstrated even if it is prior
1014 to the completion of 60 hours.
1015 3. The micro-credential must be available by December 31,
1016 2022, at no cost, to instructional personnel as defined in s.
1017 1012.01(2); prekindergarten instructors as specified in ss.
1018 1002.55, 1002.61, and 1002.63; and child care personnel as
1019 defined in ss. 402.302(3) and 1002.88(1)(e).
1020 Section 25. Paragraphs (g) and (j) of subsection (2) of
1021 section 1003.621, Florida Statutes, are amended to read:
1022 1003.621 Academically high-performing school districts.—It
1023 is the intent of the Legislature to recognize and reward school
1024 districts that demonstrate the ability to consistently maintain
1025 or improve their high-performing status. The purpose of this
1026 section is to provide high-performing school districts with
1027 flexibility in meeting the specific requirements in statute and
1028 rules of the State Board of Education.
1029 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
1030 high-performing school district shall comply with all of the
1031 provisions in chapters 1000-1013, and rules of the State Board
1032 of Education which implement these provisions, pertaining to the
1033 following:
1034 (g) Those statutes pertaining to planning and budgeting,
1035 including chapter 1011, except s. 1003.4201 s. 1011.62(8)(e),
1036 relating to the requirement for a comprehensive system of
1037 reading instruction plan. A district that is exempt from
1038 submitting a comprehensive reading plan shall be deemed approved
1039 to receive the evidence-based reading instruction allocation.
1040 Each academically high-performing school district may provide up
1041 to 2 days of virtual instruction as part of the required 180
1042 actual teaching days or the equivalent on an hourly basis each
1043 school year, as specified by rules of the State Board of
1044 Education. Virtual instruction that is conducted in accordance
1045 with the plan approved by the department, is teacher-developed,
1046 and is aligned with the standards for enrolled courses complies
1047 with s. 1011.60(2). The day or days must be indicated on the
1048 calendar approved by the school board. The district shall submit
1049 a plan for each day of virtual instruction to the department for
1050 approval, in a format prescribed by the department, with
1051 assurances of alignment to statewide student standards as
1052 described in s. 1003.41 before the start of each school year.
1053 (j) Those statutes relating to instructional materials,
1054 except that s. 1006.37, relating to the requisition of state
1055 adopted materials from the depository under contract with the
1056 publisher, and s. 1006.40(3)(b), relating to the purchase use of
1057 50 percent of the instructional materials allocation, shall be
1058 eligible for exemption.
1059 Section 26. Subsection (7) of section 1004.935, Florida
1060 Statutes, is amended to read:
1061 1004.935 Adults with Disabilities Workforce Education
1062 Program.—
1063 (7) Funds for the scholarship shall be provided from the
1064 appropriation from the school district’s Workforce Development
1065 Fund in the General Appropriations Act for students who reside
1066 in the Hardee County School District, the DeSoto County School
1067 District, the Manatee County School District, or the Sarasota
1068 County School District. The scholarship amount granted for an
1069 eligible student with a disability shall be equal to the cost
1070 per unit of a full-time equivalent adult general education
1071 student, multiplied by the adult general education funding
1072 factor, and multiplied by the comparable wage factor district
1073 cost differential pursuant to the formula required by s.
1074 1011.80(7)(a) for the district in which the student resides.
1075 Section 27. Section 1006.041, Florida Statutes, is created
1076 to read:
1077 1006.041 Mental health assistance program.—Each school
1078 district must implement a school-based mental health assistance
1079 program that includes training classroom teachers and other
1080 school staff in detecting and responding to mental health issues
1081 and connecting children, youth, and families who may experience
1082 behavioral health issues with appropriate services.
1083 (1) Each school district must develop, and submit to the
1084 district school board for approval, a detailed plan outlining
1085 the components and planned expenditures of the district’s mental
1086 health assistance program. The plan must include all district
1087 schools, including charter schools, unless a charter school
1088 elects to submit a plan independently from the school district.
1089 A charter school plan must comply with all of the provisions of
1090 this section and must be approved by the charter school’s
1091 governing body and provided to the charter school’s sponsor.
1092 (2) A plan required under subsection (1) must be focused on
1093 a multitiered system of supports to deliver evidence-based
1094 mental health care assessment, diagnosis, intervention,
1095 treatment, and recovery services to students with one or more
1096 mental health or co-occurring substance abuse diagnoses and to
1097 students at high risk of such diagnoses. The provision of these
1098 services must be coordinated with a student’s primary mental
1099 health care provider and with other mental health providers
1100 involved in the student’s care. At a minimum, the plan must
1101 include all of the following components:
1102 (a) Direct employment of school-based mental health
1103 services providers to expand and enhance school-based student
1104 services and to reduce the ratio of students to staff in order
1105 to better align with nationally recommended ratio models. The
1106 providers shall include, but are not limited to, certified
1107 school counselors, school psychologists, school social workers,
1108 and other licensed mental health professionals. The plan must
1109 also identify strategies to increase the amount of time that
1110 school-based student services personnel spend providing direct
1111 services to students, which may include the review and revision
1112 of district staffing resource allocations based on school or
1113 student mental health assistance needs.
1114 (b) Contracts or interagency agreements with one or more
1115 local community behavioral health providers or providers of
1116 Community Action Team services to provide a behavioral health
1117 staff presence and services at district schools. Services may
1118 include, but are not limited to, mental health screenings and
1119 assessments, individual counseling, family counseling, group
1120 counseling, psychiatric or psychological services, trauma
1121 informed care, mobile crisis services, and behavior
1122 modification. These behavioral health services may be provided
1123 on or off the school campus and may be supplemented by
1124 telehealth as defined in s. 456.47(1).
1125 (c) Policies and procedures, including contracts with
1126 service providers, which will ensure that:
1127 1. Students referred to a school-based or community-based
1128 mental health service provider for mental health screening for
1129 the identification of mental health concerns and students at
1130 risk for mental health disorders are assessed within 15 days
1131 after referral. School-based mental health services must be
1132 initiated within 15 days after identification and assessment,
1133 and support by community-based mental health service providers
1134 for students who are referred for community-based mental health
1135 services must be initiated within 30 days after the school or
1136 district makes a referral.
1137 2. Parents of a student receiving services under this
1138 subsection are provided information about other behavioral
1139 health services available through the student’s school or local
1140 community-based behavioral health services providers. A school
1141 may meet this requirement by providing information about and
1142 Internet addresses for web-based directories or guides for local
1143 behavioral health services.
1144 3. Individuals living in a household with a student
1145 receiving services under this subsection are provided
1146 information about behavioral health services available through
1147 other delivery systems or payors for which such individuals may
1148 qualify, if such services appear to be needed or enhancements in
1149 such individuals’ behavioral health would contribute to the
1150 improved well-being of the student.
1151 (d) Strategies or programs to reduce the likelihood of at
1152 risk students developing social, emotional, or behavioral health
1153 problems, depression, anxiety disorders, suicidal tendencies, or
1154 substance use disorders.
1155 (e) Strategies to improve the early identification of
1156 social, emotional, or behavioral problems or substance use
1157 disorders, to improve the provision of early intervention
1158 services, and to assist students in dealing with trauma and
1159 violence.
1160 (f) Procedures to assist a mental health services provider
1161 or a behavioral health provider as described in paragraph (a) or
1162 paragraph (b), respectively, or a school resource officer or
1163 school safety officer who has completed mental health crisis
1164 intervention training in attempting to verbally de-escalate a
1165 student’s crisis situation before initiating an involuntary
1166 examination pursuant to s. 394.463. Such procedures must include
1167 strategies to de-escalate a crisis situation for a student with
1168 a developmental disability as defined in s. 393.063.
1169 (g) Policies of the school district which must require that
1170 in a student crisis situation, school or law enforcement
1171 personnel must make a reasonable attempt to contact a mental
1172 health professional who may initiate an involuntary examination
1173 pursuant to s. 394.463, unless the child poses an imminent
1174 danger to themselves or others, before initiating an involuntary
1175 examination pursuant to s. 394.463. Such contact may be in
1176 person or through telehealth. The mental health professional may
1177 be available to the school district either by a contract or
1178 interagency agreement with the managing entity, one or more
1179 local community-based behavioral health providers, or the local
1180 mobile response team, or be a direct or contracted school
1181 district employee.
1182 (3) Each school district shall submit its approved plan,
1183 including approved plans of each charter school in the district,
1184 to the Department of Education by August 1 of each fiscal year.
1185 (4) Annually by September 30, each school district shall
1186 submit to the Department of Education a report on its program
1187 outcomes and expenditures for the previous fiscal year that, at
1188 a minimum, must include the total number of each of the
1189 following:
1190 (a) Students who receive screenings or assessments.
1191 (b) Students who are referred to school-based or community
1192 based providers for services or assistance.
1193 (c) Students who receive school-based or community-based
1194 interventions, services, or assistance.
1195 (d) School-based and community-based mental health
1196 providers, including licensure type.
1197 (e) Contract-based or interagency agreement-based
1198 collaborative efforts or partnerships with community-based
1199 mental health programs, agencies, or providers.
1200 Section 28. Paragraph (b) of subsection (6) of section
1201 1006.07, Florida Statutes, is amended to read:
1202 1006.07 District school board duties relating to student
1203 discipline and school safety.—The district school board shall
1204 provide for the proper accounting for all students, for the
1205 attendance and control of students at school, and for proper
1206 attention to health, safety, and other matters relating to the
1207 welfare of students, including:
1208 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
1209 school superintendent shall establish policies and procedures
1210 for the prevention of violence on school grounds, including the
1211 assessment of and intervention with individuals whose behavior
1212 poses a threat to the safety of the school community.
1213 (b) Mental health coordinator.—Each district school board
1214 shall identify a mental health coordinator for the district. The
1215 mental health coordinator shall serve as the district’s primary
1216 point of contact regarding the district’s coordination,
1217 communication, and implementation of student mental health
1218 policies, procedures, responsibilities, and reporting,
1219 including:
1220 1. Coordinating with the Office of Safe Schools,
1221 established pursuant to s. 1001.212.
1222 2. Maintaining records and reports regarding student mental
1223 health as it relates to the mental health assistance program
1224 under s. 1006.041 and school safety and the mental health
1225 assistance allocation under s. 1011.62(14).
1226 3. Facilitating the implementation of school district
1227 policies relating to the respective duties and responsibilities
1228 of the school district, the superintendent, and district school
1229 principals.
1230 4. Coordinating with the school safety specialist on the
1231 staffing and training of threat assessment teams and
1232 facilitating referrals to mental health services, as
1233 appropriate, for students and their families.
1234 5. Coordinating with the school safety specialist on the
1235 training and resources for students and school district staff
1236 relating to youth mental health awareness and assistance.
1237 6. Reviewing annually the school district’s policies and
1238 procedures related to student mental health for compliance with
1239 state law and alignment with current best practices and making
1240 recommendations, as needed, for amending such policies and
1241 procedures to the superintendent and the district school board.
1242 Section 29. Subsection (3) of section 1006.1493, Florida
1243 Statutes, is amended to read:
1244 1006.1493 Florida Safe Schools Assessment Tool.—
1245 (3) The Office of Safe Schools shall make the FSSAT
1246 available no later than May 1 of each year.
1247 (a) The office must provide annual training to each
1248 district’s school safety specialist and other appropriate school
1249 district personnel on the assessment of physical site security
1250 and completing the FSSAT.
1251 (b) Each school district must annually report to the office
1252 by October 15 that all public schools within the school district
1253 have completed the FSSAT.
1254 Section 30. Paragraph (c) is added to subsection (3) of
1255 section 1006.28, Florida Statutes, to read:
1256 1006.28 Duties of district school board, district school
1257 superintendent; and school principal regarding K-12
1258 instructional materials.—
1259 (3) DISTRICT SCHOOL SUPERINTENDENT.—
1260 (c) Annually by August 1, each district school
1261 superintendent shall certify to the Commissioner of Education
1262 that the district school board has approved a comprehensive
1263 staff development plan that supports fidelity of implementation
1264 of instructional materials programs, including verification that
1265 training was provided, that the materials are being implemented
1266 as designed, and that core reading materials and reading
1267 intervention materials used in kindergarten through grade 5 meet
1268 the requirements of s. 1001.215(8). Such instructional
1269 materials, as evaluated and identified pursuant to s.
1270 1001.215(4), may be purchased by school districts without
1271 undergoing the adoption procedures in s. 1006.40(4)(b).
1272 Section 31. Section 1006.40, Florida Statutes, is amended
1273 to read:
1274 1006.40 Purchase Use of instructional materials allocation;
1275 instructional materials, library books, and reference books;
1276 repair of books.—
1277 (1) On or before July 1 each year, the commissioner shall
1278 certify to each district school superintendent shall certify to
1279 the Commissioner of Education the estimated allocation of state
1280 funds for instructional materials, computed pursuant to the
1281 provisions of s. 1011.67 for the ensuing fiscal year.
1282 (2) Each district school board must purchase current
1283 instructional materials to provide each student in kindergarten
1284 through grade 12 with a major tool of instruction in core
1285 courses of the subject areas of mathematics, language arts,
1286 science, social studies, reading, and literature. Such purchase
1287 must be made within the first 3 years after the effective date
1288 of the adoption cycle unless a district school board or a
1289 consortium of school districts has implemented an instructional
1290 materials program pursuant to s. 1006.283.
1291 (3)(a) Except for a school district or a consortium of
1292 school districts that implements an instructional materials
1293 program pursuant to s. 1006.283, each district school board
1294 shall use the annual allocation only for the purchase of
1295 instructional materials that align with state standards and are
1296 included on the state-adopted list, except as otherwise
1297 authorized in paragraphs (b) and (c).
1298 (b) Up to 50 percent of the amount the school district has
1299 budgeted for instructional materials annual allocation may be
1300 used for:
1301 1. The purchase of library and reference books and nonprint
1302 materials.
1303 2. The purchase of other materials having intellectual
1304 content which assist in the instruction of a subject or course.
1305 These materials may be available in bound, unbound, kit, or
1306 package form and may consist of hardbacked or softbacked
1307 textbooks, novels, electronic content, consumables, learning
1308 laboratories, manipulatives, electronic media, computer
1309 courseware or software, and other commonly accepted
1310 instructional tools as prescribed by district school board rule.
1311 3. The repair and renovation of textbooks and library books
1312 and replacements for items which were part of previously
1313 purchased instructional materials.
1314 (c) District school boards may use 100 percent of that
1315 portion of the annual allocation designated for the purchase of
1316 instructional materials for kindergarten, and 75 percent of that
1317 portion of the annual allocation designated for the purchase of
1318 instructional materials for first grade, to purchase materials
1319 not on the state-adopted list.
1320 (c)(d) Any materials purchased pursuant to this section
1321 must be:
1322 1. Free of pornography and material prohibited under s.
1323 847.012.
1324 2. Suited to student needs and their ability to comprehend
1325 the material presented.
1326 3. Appropriate for the grade level and age group for which
1327 the materials are used or made available.
1328 (4) Each district school board is responsible for the
1329 content of all materials used in a classroom or otherwise made
1330 available to students. Each district school board shall adopt
1331 rules, and each district school superintendent shall implement
1332 procedures, that:
1333 (a) Maximize student use of the district-approved
1334 instructional materials.
1335 (b) Provide a process for public review of, public comment
1336 on, and the adoption of materials, including those used to
1337 provide instruction required by s. 1003.42, which satisfies the
1338 requirements of s. 1006.283(2)(b)8., 9., and 11.
1339 (5) District school boards may issue purchase orders
1340 subsequent to February 1 in an aggregate amount which does not
1341 exceed 20 percent of the current year’s allocation, and
1342 subsequent to April 1 in an aggregate amount which does not
1343 exceed 90 percent of the current year’s allocation, for the
1344 purpose of expediting the delivery of instructional materials
1345 which are to be paid for from the ensuing year’s allocation.
1346 This subsection does not apply to a district school board or a
1347 consortium of school districts that implements an instructional
1348 materials program pursuant to s. 1006.283.
1349 (6) In any year in which the total instructional materials
1350 allocation for a school district has not been expended or
1351 obligated prior to June 30, the district school board shall
1352 carry forward the unobligated amount and shall add it to the
1353 next year’s allocation.
1354 (5)(7) A district school board or a consortium of school
1355 districts that implements an instructional materials program
1356 pursuant to s. 1006.283 may use the annual allocation to
1357 purchase instructional materials not on the state-adopted list.
1358 However, instructional materials purchased pursuant to this
1359 section which are not included on the state-adopted list must
1360 meet the criteria of s. 1006.31(2), align with state standards
1361 adopted by the State Board of Education pursuant to s. 1003.41,
1362 and be consistent with course expectations based on the
1363 district’s comprehensive plan for student progression and course
1364 descriptions adopted in state board rule.
1365 Section 32. Paragraph (n) of subsection (21) of section
1366 1007.271, Florida Statutes, is amended to read:
1367 1007.271 Dual enrollment programs.—
1368 (21) Each district school superintendent and each public
1369 postsecondary institution president shall develop a
1370 comprehensive dual enrollment articulation agreement for the
1371 respective school district and postsecondary institution. The
1372 superintendent and president shall establish an articulation
1373 committee for the purpose of developing the agreement. Each
1374 state university president may designate a university
1375 representative to participate in the development of a dual
1376 enrollment articulation agreement. A dual enrollment
1377 articulation agreement shall be completed and submitted annually
1378 by the postsecondary institution to the Department of Education
1379 on or before August 1. The agreement must include, but is not
1380 limited to:
1381 (n) A funding provision that delineates costs incurred by
1382 each entity.
1383 1. School districts shall pay public postsecondary
1384 institutions the standard tuition rate per credit hour from
1385 funds provided in the Florida Education Finance Program when
1386 dual enrollment course instruction takes place on the
1387 postsecondary institution’s campus and the course is taken
1388 during the fall or spring term. When dual enrollment is provided
1389 on the high school site by postsecondary institution faculty,
1390 the school district shall reimburse the costs associated with
1391 the postsecondary institution’s proportion of salary and
1392 benefits to provide the instruction. When dual enrollment course
1393 instruction is provided on the high school site by school
1394 district faculty, the school district is not responsible for
1395 payment to the postsecondary institution. A postsecondary
1396 institution may enter into an agreement with the school district
1397 to authorize teachers to teach dual enrollment courses at the
1398 high school site or the postsecondary institution. A school
1399 district may not deny a student access to dual enrollment unless
1400 the student is ineligible to participate in the program subject
1401 to provisions specifically outlined in this section.
1402 2. School districts shall pay for the cost of instructional
1403 materials for public high school students who are earning credit
1404 toward high school graduation under the dual enrollment program.
1405 3.2. Subject to annual appropriation in the General
1406 Appropriations Act, a public postsecondary institution shall
1407 receive an amount of funding equivalent to the standard tuition
1408 rate per credit hour for each dual enrollment course taken by a
1409 student during the summer term.
1410 Section 33. Paragraph (b) of subsection (5) of section
1411 1008.25, Florida Statutes, is amended to read:
1412 1008.25 Public school student progression; student support;
1413 coordinated screening and progress monitoring; reporting
1414 requirements.—
1415 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1416 (b) A Voluntary Prekindergarten Education Program student
1417 who exhibits a substantial deficiency in early literacy skills
1418 in accordance with the standards under s. 1002.67(1)(a) and
1419 based upon the results of the administration of the final
1420 coordinated screening and progress monitoring under subsection
1421 (8) shall be referred to the local school district and may be
1422 eligible to receive intensive reading interventions before
1423 participating in kindergarten. Such intensive reading
1424 interventions shall be paid for using funds from the district’s
1425 evidence-based reading instruction allocation in accordance with
1426 s. 1011.62(8).
1427 Section 34. Paragraph (d) of subsection (5) of section
1428 1008.345, Florida Statutes, is amended to read:
1429 1008.345 Implementation of state system of school
1430 improvement and education accountability.—
1431 (5) The commissioner shall annually report to the State
1432 Board of Education and the Legislature and recommend changes in
1433 state policy necessary to foster school improvement and
1434 education accountability. The report shall include:
1435 (d) Based upon a review of each school district’s reading
1436 instruction plan submitted pursuant to s. 1003.4201 s.
1437 1011.62(8), intervention and support strategies used by school
1438 districts that were effective in improving the reading
1439 performance of students, as indicated by student performance
1440 data, who are identified as having a substantial reading
1441 deficiency pursuant to s. 1008.25(5)(a).
1442
1443 School reports shall be distributed pursuant to this subsection
1444 and s. 1001.42(18)(c) and according to rules adopted by the
1445 State Board of Education.
1446 Section 35. Subsections (2), (3), and (5) of section
1447 1008.365, Florida Statutes, are amended to read:
1448 1008.365 Reading Achievement Initiative for Scholastic
1449 Excellence Act.—
1450 (2) The Reading Achievement Initiative for Scholastic
1451 Excellence (RAISE) Program is established within the Department
1452 of Education to provide instructional supports to school
1453 districts, school administrators, and instructional personnel in
1454 implementing:
1455 (a) Evidence-based reading instruction proven to accelerate
1456 progress of students exhibiting a reading deficiency.
1457 (b) Differentiated instruction based on screening,
1458 diagnostic, progress monitoring, or student assessment data to
1459 meet students’ specific reading needs.
1460 (c) Explicit and systematic reading strategies to develop
1461 phonemic awareness, phonics, fluency, vocabulary, and
1462 comprehension with more extensive opportunities for guided
1463 practice, error correction, and feedback and interventions in
1464 order to improve student reading achievement.
1465 (3) The department shall establish at least 20 literacy
1466 support regions and regional support teams, at the direction of
1467 a regional literacy support director appointed by the
1468 Commissioner of Education, to assist schools with improving low
1469 reading scores as provided in this section.
1470 (a) A regional literacy support director must successfully
1471 demonstrate competence on the evidence-based strategies
1472 identified pursuant to s. 1001.215(7) s. 1001.215(8) and have
1473 the experience and credentials necessary, as determined by the
1474 department, to:
1475 1. Effectively monitor student reading growth and
1476 achievement data;
1477 2. Oversee districtwide and schoolwide professional
1478 development and planning to establish evidence-based practices
1479 among school administrators and instructional personnel;
1480 3. Evaluate implementation of evidence-based practices; and
1481 4. Manage a regional support team.
1482 (b) A regional support team shall report to its regional
1483 literacy support director and must consist of individuals who:
1484 1. Successfully demonstrate competence on the evidence
1485 based strategies identified pursuant to s. 1001.215(7) s.
1486 1001.215(8);
1487 2. Have substantial experience in literacy coaching and
1488 monitoring student progress data in reading; and
1489 3. Have received training necessary to assist with the
1490 delivery of professional development and site-based supports,
1491 including modeling evidence-based practices and providing
1492 feedback to instructional personnel.
1493 (5) The department shall provide progress monitoring data
1494 to regional support teams regarding the implementation of
1495 supports. Such supports must include:
1496 (a) Professional development, aligned to evidence-based
1497 strategies identified pursuant to s. 1001.215(7) s. 1001.215(8),
1498 for appropriate instructional personnel and school
1499 administrators identified by the regional support team.
1500 (b) Assistance with implementing:
1501 1. Data-informed instructional decisionmaking using
1502 progress monitoring and other appropriate data.
1503 2. Selection and consistent, coordinated use of
1504 scientifically researched and evidence-based high-quality
1505 instructional materials and supplemental materials as identified
1506 by the Just Read, Florida! Office pursuant to s. 1001.215(8).
1507 3. Reading instruction in other core subject area
1508 curricula, with an emphasis on civic literacy.
1509 4. A multitiered system of supports in order to provide
1510 students effective interventions and identify students who may
1511 require an evaluation for special educational services,
1512 including identifying characteristics of conditions that affect
1513 phonological processing, such as dyslexia.
1514 (c) Evaluating a school’s improvement plan for alignment
1515 with the school district’s K-12 comprehensive reading
1516 instruction plan under s. 1003.4201 s. 1011.62(8)(d) and the
1517 school district’s allocation of resources as required by s.
1518 1008.25(3)(a). If the regional support team determines that the
1519 school district’s reading instruction plan does not address the
1520 school’s need to improve student outcomes, the regional literacy
1521 support director, the district school superintendent, or his or
1522 her designee, and the director of the Just Read, Florida! Office
1523 shall convene a meeting to rectify the deficiencies of the
1524 reading instruction plan.
1525 Section 36. Paragraph (a) of subsection (2) and paragraph
1526 (b) of subsection (3) of section 1010.20, Florida Statutes, are
1527 amended to read:
1528 1010.20 Cost accounting and reporting for school
1529 districts.—
1530 (2) COST REPORTING.—
1531 (a) Each district shall report on a district-aggregate
1532 basis expenditures for inservice training pursuant to s.
1533 1011.62(3) and for categorical programs as provided in s.
1534 1011.62(17) s. 1011.62(6).
1535 (3) PROGRAM EXPENDITURE REQUIREMENTS.—
1536 (b) Funds for inservice training established in s.
1537 1011.62(3) and for categorical programs established in s.
1538 1011.62(17) s. 1011.62(6) shall be expended for the costs of the
1539 identified programs as provided by law and in accordance with
1540 the rules of the State Board of Education.
1541 Section 37. Section 1011.58, Florida Statutes, is created
1542 to read:
1543 1011.58 Procedures for legislative budget requests for the
1544 Florida School for Competitive Academics.—
1545 (1)(a) The legislative budget request of the Florida School
1546 for Competitive Academics established in s. 1002.351 must be
1547 prepared using the same format, procedures, and timelines
1548 required for the submission of the legislative budget request of
1549 the Department of Education.
1550 (b) The Florida School for Competitive Academics shall
1551 submit its legislative budget request to the Department of
1552 Education for review and approval. The school must create and
1553 submit to the department an implementation plan before the
1554 department may approve the budget request.
1555 (c) Subsequent to the Department of Education’s approval,
1556 the Commissioner of Education shall include the Florida School
1557 for Competitive Academics in the department’s legislative budget
1558 request to the State Board of Education, the Governor, and the
1559 Legislature. The legislative budget request and the
1560 appropriation for the Florida School for Competitive Academics
1561 must be a separate identifiable sum in the public schools budget
1562 entity of the Department of Education.
1563 (d) The annual appropriation for the school shall be
1564 distributed monthly, without using the Florida Education Finance
1565 Program, in payments as nearly equal as possible. Appropriations
1566 for textbooks, instructional technology, and school buses may be
1567 released and distributed as necessary to serve the instructional
1568 program for the students. Transportation of students shall be
1569 provided by the school consistent with the requirements of
1570 subpart E. of part I of chapter 1006 and s. 1012.45.
1571 (2) The school shall submit its fixed capital outlay
1572 request to the Department of Education for review and approval
1573 in accordance with s. 1002.36(4)(f)1. Subsequent to the
1574 department’s approval, the school’s request must be included
1575 within the department’s public education capital outlay
1576 legislative budget request.
1577 Section 38. Section 1011.59, Florida Statutes, is created
1578 to read:
1579 1011.59 Florida School for Competitive Academics; board of
1580 trustees; management flexibility.—
1581 (1) Notwithstanding ss. 216.031, 216.181, and 216.262 and
1582 pursuant to s. 216.351, but subject to any guidelines imposed in
1583 the General Appropriations Act, funds for the operation of the
1584 Florida School for Competitive Academics shall be requested and
1585 appropriated within budget entities, program components, program
1586 categories, lump sums, or special categories. Funds appropriated
1587 to the Florida School for Competitive Academics for each program
1588 category, lump sum, or special category may be transferred to
1589 traditional categories for expenditure by the board of trustees
1590 of the school. The board of trustees shall develop an annual
1591 operating budget that allocates funds by program component and
1592 traditional expenditure category.
1593 (2) Notwithstanding s. 216.181 and pursuant to s. 216.351,
1594 but subject to any requirements imposed in the General
1595 Appropriations Act, a lump-sum plan is not required to implement
1596 the special categories, program categories, or lump-sum
1597 appropriations. Upon release of the special categories, program
1598 categories, or lump-sum appropriations to the board of trustees,
1599 the Chief Financial Officer shall, upon the request of the board
1600 of trustees, transfer or reallocate funds to or among accounts
1601 established for disbursement purposes. The board of trustees
1602 shall maintain records to account for the original
1603 appropriation.
1604 (3) Notwithstanding ss. 216.031, 216.181, 216.251, and
1605 216.262 and pursuant to s. 216.351, but subject to any
1606 requirements imposed in the General Appropriations Act, the
1607 board of trustees shall establish the authorized positions and
1608 may amend such positions within the total funds authorized
1609 annually in the General Appropriations Act.
1610 (4) Notwithstanding s. 216.301, all unexpended funds
1611 appropriated for the Florida School for Competitive Academics
1612 shall be carried forward and included as the balance forward for
1613 that fund in the approved operating budget for the following
1614 year.
1615 Section 39. Subsection (5) of section 1011.61, Florida
1616 Statutes, is amended to read:
1617 1011.61 Definitions.—Notwithstanding the provisions of s.
1618 1000.21, the following terms are defined as follows for the
1619 purposes of the Florida Education Finance Program:
1620 (5) The “Florida Education Finance Program” includes all
1621 programs and costs as provided in ss. 1003.03, 1011.62, 1011.68,
1622 and 1011.685 s. 1011.62.
1623 Section 40. Paragraph (e) of subsection (1) of section
1624 1011.62, Florida Statutes, is redesignated as paragraph (d),
1625 present paragraphs (c) through (f) and (s) of subsection (1) and
1626 subsections (2), (3), (5) through (9), and (11) through (17) are
1627 amended, and new paragraphs (e) and (f) are added to subsection
1628 (1) and new subsections (6) through (8) and (16) through (18)
1629 are added to that section, to read:
1630 1011.62 Funds for operation of schools.—If the annual
1631 allocation from the Florida Education Finance Program to each
1632 district for operation of schools is not determined in the
1633 annual appropriations act or the substantive bill implementing
1634 the annual appropriations act, it shall be determined as
1635 follows:
1636 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1637 OPERATION.—The following procedure shall be followed in
1638 determining the annual allocation to each district for
1639 operation:
1640 (c) Determination of programs.—Cost factors based on
1641 desired relative cost differences between the following programs
1642 shall be established in the annual General Appropriations Act.
1643 The cost factor for secondary career education programs must be
1644 greater than the cost factor for and basic programs grade 9
1645 through 12 shall be equal. The Commissioner of Education shall
1646 specify a matrix of services and intensity levels to be used by
1647 districts in the determination of the two weighted cost factors
1648 for exceptional students with the highest levels of need. For
1649 these students, the funding support level shall fund the
1650 exceptional students’ education program, with the exception of
1651 extended school year services for students with disabilities.
1652 1. Basic programs.—
1653 a. Kindergarten and grades 1, 2, and 3.
1654 b. Grades 4, 5, 6, 7, and 8.
1655 c. Grades 9, 10, 11, and 12.
1656 2. Programs for exceptional students.—
1657 a. Support Level IV.
1658 b. Support Level V.
1659 3. Secondary career education programs.
1660 4. English for Speakers of Other Languages.
1661 (d) Annual allocation calculation.—
1662 1. The Department of Education is authorized and directed
1663 to review all district programs and enrollment projections and
1664 calculate a maximum total weighted full-time equivalent student
1665 enrollment for each district for the K-12 FEFP.
1666 2. Maximum enrollments calculated by the department shall
1667 be derived from enrollment estimates used by the Legislature to
1668 calculate the FEFP. If two or more districts enter into an
1669 agreement under the provisions of s. 1001.42(4)(d), after the
1670 final enrollment estimate is agreed upon, the amount of FTE
1671 specified in the agreement, not to exceed the estimate for the
1672 specific program as identified in paragraph (c), may be
1673 transferred from the participating districts to the district
1674 providing the program.
1675 3. As part of its calculation of each district’s maximum
1676 total weighted full-time equivalent student enrollment, the
1677 department shall establish separate enrollment ceilings for each
1678 of two program groups. Group 1 shall be composed of basic
1679 programs for grades K-3, grades 4-8, and grades 9-12. Group 2
1680 shall be composed of students in exceptional student education
1681 programs support levels IV and V, English for Speakers of Other
1682 Languages programs, and all career programs in grades 9-12.
1683 a. For any calculation of the FEFP, the enrollment ceiling
1684 for group 1 shall be calculated by multiplying the actual
1685 enrollment for each program in the program group by its
1686 appropriate program weight.
1687 b. The weighted enrollment ceiling for group 2 programs
1688 shall be calculated by multiplying the enrollment for each
1689 program by the appropriate program weight as provided in the
1690 General Appropriations Act. The weighted enrollment ceiling for
1691 program group 2 shall be the sum of the weighted enrollment
1692 ceilings for each program in the program group, plus the
1693 increase in weighted full-time equivalent student membership
1694 from the prior year for clients of the Department of Children
1695 and Families and the Department of Juvenile Justice.
1696 c. If, for any calculation of the FEFP, the weighted
1697 enrollment for program group 2, derived by multiplying actual
1698 enrollments by appropriate program weights, exceeds the
1699 enrollment ceiling for that group, the following procedure shall
1700 be followed to reduce the weighted enrollment for that group to
1701 equal the enrollment ceiling:
1702 (I) The weighted enrollment ceiling for each program in the
1703 program group shall be subtracted from the weighted enrollment
1704 for that program derived from actual enrollments.
1705 (II) If the difference calculated under sub-sub
1706 subparagraph (I) is greater than zero for any program, a
1707 reduction proportion shall be computed for the program by
1708 dividing the absolute value of the difference by the total
1709 amount by which the weighted enrollment for the program group
1710 exceeds the weighted enrollment ceiling for the program group.
1711 (III) The reduction proportion calculated under sub-sub
1712 subparagraph (II) shall be multiplied by the total amount of the
1713 program group’s enrollment over the ceiling as calculated under
1714 sub-sub-subparagraph (I).
1715 (IV) The prorated reduction amount calculated under sub
1716 sub-subparagraph (III) shall be subtracted from the program’s
1717 weighted enrollment to produce a revised program weighted
1718 enrollment.
1719 (V) The prorated reduction amount calculated under sub-sub
1720 subparagraph (III) shall be divided by the appropriate program
1721 weight, and the result shall be added to the revised program
1722 weighted enrollment computed in sub-sub-subparagraph (IV).
1723 (d)(e) Funding model for exceptional student education
1724 programs.—The funding model for exceptional student education
1725 programs shall include all of the following:
1726 1.1.a. For programs for exceptional students in The funding
1727 model uses basic, at-risk, support levels IV and V as
1728 established in paragraph (c), the funding model shall include
1729 program for exceptional students and career Florida Education
1730 Finance Program cost factors, and a guaranteed allocation for
1731 exceptional student education programs.
1732 a. Exceptional education cost factors are determined by
1733 using a matrix of services to document the services that each
1734 support level IV and support level V exceptional student will
1735 receive. The nature and intensity of the services indicated on
1736 the matrix shall be consistent with the services described in
1737 each exceptional student’s individual educational plan. The
1738 Department of Education shall review and revise the descriptions
1739 of the services and supports included in the matrix of services
1740 for exceptional students and shall implement those revisions
1741 before the beginning of the 2012-2013 school year.
1742 b. In order to generate funds using one of the two weighted
1743 cost factors, a matrix of services must be completed at the time
1744 of the student’s initial placement into an exceptional student
1745 education program and at least once every 3 years by personnel
1746 who have received approved training. Nothing listed in the
1747 matrix shall be construed as limiting the services a school
1748 district must provide in order to ensure that exceptional
1749 students are provided a free, appropriate public education.
1750 c. Students identified as exceptional, in accordance with
1751 chapter 6A-6, Florida Administrative Code, who do not have a
1752 matrix of services as specified in sub-subparagraph b. shall
1753 generate funds on the basis of full-time-equivalent student
1754 membership in the Florida Education Finance Program at the same
1755 funding level per student as provided for basic students.
1756 Additional funds for these exceptional students will be provided
1757 through the guaranteed allocation designated in subparagraph 2.
1758 2. For students identified as exceptional in accordance
1759 with chapter 6A-6, Florida Administrative Code, who do not have
1760 a matrix of services as specified in subparagraph 1. and for
1761 students who are gifted in grades kindergarten K through 8, the
1762 funding model shall include the funds generated on the basis of
1763 full-time equivalent student membership in the Florida Education
1764 Finance Program at the same funding level per student as
1765 provided for a basic student and additional funds provided by
1766 the exceptional student education guaranteed allocation
1767 established pursuant to subsection (8).
1768 (e) Calculation of additional full-time equivalent
1769 membership for small school district exceptional student
1770 education.—An additional value per full-time equivalent student
1771 membership is provided to school districts with a full-time
1772 equivalent student membership of fewer than 10,000 and fewer
1773 than three full-time equivalent students in exceptional student
1774 education support levels IV and V. The Department of Education
1775 shall set the amount of the additional value based on documented
1776 evidence of the difference between the cost of the school
1777 district’s exceptional student education support levels IV and V
1778 services and the applicable Florida Education Finance Program
1779 funds appropriated in the General Appropriations Act. The total
1780 statewide value may not exceed a value per weighted full-time
1781 equivalent student as specified in the General Appropriations
1782 Act. The additional value for an eligible school district shall
1783 not exceed three full-time equivalent students for each of the
1784 exceptional student education support levels IV and V there is
1785 created a guaranteed allocation to provide these students with a
1786 free appropriate public education, in accordance with s.
1787 1001.42(4)(l) and rules of the State Board of Education, which
1788 shall be allocated initially to each school district in the
1789 amount provided in the General Appropriations Act. These funds
1790 shall be supplemental to the funds appropriated for the basic
1791 funding level, and the amount allocated for each school district
1792 shall be recalculated during the year, based on actual student
1793 membership from FTE surveys. Upon recalculation, if the
1794 generated allocation is greater than the amount provided in the
1795 General Appropriations Act, the total shall be prorated to the
1796 level of the appropriation based on each district’s share of the
1797 total recalculated amount. These funds shall be used to provide
1798 special education and related services for exceptional students
1799 and students who are gifted in grades K through 8. A district’s
1800 expenditure of funds from the guaranteed allocation for students
1801 in grades 9 through 12 who are gifted may not be greater than
1802 the amount expended during the 2006-2007 fiscal year for gifted
1803 students in grades 9 through 12.
1804 (f) Small district factor.—An additional value per full
1805 time equivalent student membership is provided to each school
1806 district with a full-time equivalent student membership of fewer
1807 than 20,000 full-time equivalent students which is in a fiscally
1808 constrained county as described in s. 218.67(1). The amount of
1809 the additional value shall be specified in the General
1810 Appropriations Act.
1811 (f) Supplemental academic instruction allocation.—
1812 1. There is created the supplemental academic instruction
1813 allocation to provide supplemental academic instruction to
1814 students in kindergarten through grade 12.
1815 2. The supplemental academic instruction allocation shall
1816 be provided annually in the Florida Education Finance Program as
1817 specified in the General Appropriations Act. These funds are in
1818 addition to the funds appropriated on the basis of FTE student
1819 membership in the Florida Education Finance Program and shall be
1820 included in the total potential funds of each district.
1821 Beginning with the 2018-2019 fiscal year, each school district
1822 that has a school earning a grade of “D” or “F” pursuant to s.
1823 1008.34 must use that school’s portion of the supplemental
1824 academic instruction allocation to implement intervention and
1825 support strategies for school improvement pursuant to s. 1008.33
1826 and for salary incentives pursuant to s. 1012.2315(3) or salary
1827 supplements pursuant to s. 1012.22(1)(c)5.c. that are provided
1828 through a memorandum of understanding between the collective
1829 bargaining agent and the school board that addresses the
1830 selection, placement, and expectations of instructional
1831 personnel and school administrators. For all other schools, the
1832 school district’s use of the supplemental academic instruction
1833 allocation may include, but is not limited to, the use of a
1834 modified curriculum; reading instruction; after-school
1835 instruction; tutoring; mentoring; a reduction in class size;
1836 extended school year; intensive skills development in summer
1837 school; dropout prevention programs as defined in ss. 1003.52
1838 and 1003.53(1)(a), (b), and (c); and other methods of improving
1839 student achievement. Supplemental academic instruction may be
1840 provided to a student in any manner and at any time during or
1841 beyond the regular 180-day term identified by the school as
1842 being the most effective and efficient way to best help that
1843 student progress from grade to grade and to graduate.
1844 3. The supplemental academic instruction allocation shall
1845 consist of a base amount that has a workload adjustment based on
1846 changes in unweighted FTE. The supplemental academic instruction
1847 allocation shall be recalculated during the fiscal year. Upon
1848 recalculation of funding for the supplemental academic
1849 instruction allocation, if the total allocation is greater than
1850 the amount provided in the General Appropriations Act, the
1851 allocation shall be prorated to the level provided to support
1852 the appropriation, based on each district’s share of the total.
1853 4. Funding on the basis of FTE membership beyond the 180
1854 day regular term shall be provided in the FEFP only for students
1855 enrolled in juvenile justice education programs or in education
1856 programs for juveniles placed in secure facilities or programs
1857 under s. 985.19. Funding for instruction beyond the regular 180
1858 day school year for all other K-12 students shall be provided
1859 through the supplemental academic instruction allocation and
1860 other state, federal, and local fund sources with ample
1861 flexibility for schools to provide supplemental instruction to
1862 assist students in progressing from grade to grade and
1863 graduating.
1864 (s) Determination of the basic amount for current
1865 operation.—The basic amount for current operation to be included
1866 in the Florida Education Finance Program for kindergarten
1867 through grade 12 for each district shall be the product of the
1868 following:
1869 1. The full-time equivalent student membership in each
1870 program, multiplied by
1871 2. The cost factor for each program, adjusted for the
1872 maximum as provided by paragraph (c), multiplied by
1873 3. The comparable wage factor district cost differential,
1874 multiplied by
1875 4. The base student allocation.
1876 (2) DETERMINATION OF COMPARABLE WAGE FACTOR DISTRICT COST
1877 DIFFERENTIALS.—
1878 (a) The Commissioner of Education shall annually compute
1879 for each district the current year’s comparable wage factor
1880 district cost differential. The comparable wage factor district
1881 cost differential shall be calculated by adding each district’s
1882 price level index as published in the Florida Price Level Index
1883 for the most recent 3 years and dividing the resulting sum by 3.
1884 The result for each district shall be multiplied by 0.008 and to
1885 the resulting product shall be added 0.200; the sum thus
1886 obtained shall be the comparable wage factor cost differential
1887 for that district for that year.
1888 (b) The comparable wage factor for each school district is
1889 used in the calculation of the basic amount for current
1890 operation pursuant to subsection (1) if the comparable wage
1891 factor is greater than 1.000.
1892 (c) The limitation authorized in paragraph (b) applies to
1893 any categorical funding provided in the Florida Education
1894 Finance Program that has a calculation methodology that includes
1895 the comparable wage factor.
1896 (3) INSERVICE EDUCATIONAL PERSONNEL TRAINING EXPENDITURE.
1897 Of the amount computed in subsection (1) subsections (1) and
1898 (2), a percentage of the basic amount for current operation base
1899 student allocation per full-time equivalent student or other
1900 funds shall be expended for educational training programs as
1901 determined by the district school board as provided in s.
1902 1012.98.
1903 (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
1904 Legislature shall prescribe in the General Appropriations Act,
1905 pursuant to s. 1011.71(1), the rate of nonvoted current
1906 operating discretionary millage that shall be used to calculate
1907 a discretionary millage compression supplement. If the
1908 prescribed millage generates an amount of funds per unweighted
1909 full-time equivalent student FTE for the district that is less
1910 than the state average, the district shall receive an amount per
1911 full-time equivalent student FTE that, when added to the funds
1912 per full-time equivalent student FTE generated by the designated
1913 levy, shall equal the state average.
1914 (6) STATE-FUNDED DISCRETIONARY CONTRIBUTION.—The state
1915 funded discretionary contribution is created to fund the
1916 nonvoted discretionary millage for operations pursuant to s.
1917 1011.71(1) and (3) for developmental research schools (lab
1918 schools) established in s. 1002.32 and the Florida Virtual
1919 School established in s. 1002.37.
1920 (a) To calculate the state-funded discretionary
1921 contribution for lab schools, multiply the maximum allowable
1922 nonvoted discretionary millage for operations pursuant to s.
1923 1011.71(1) and (3) by the value of 96 percent of the current
1924 year’s taxable value for school purposes for the school district
1925 in which the lab school is located; divide the result by the
1926 total full-time equivalent membership of the school district;
1927 and multiply the result by the full-time equivalent membership
1928 of the lab school. The amount obtained shall be appropriated in
1929 the General Appropriations Act to the Lab School Trust Fund
1930 established pursuant to s. 1002.32(9).
1931 (b) To calculate the state-funded discretionary
1932 contribution for the Florida Virtual School, multiply the
1933 maximum allowable nonvoted discretionary millage for operations
1934 pursuant to s. 1011.71(1) and (3) by the value of 96 percent of
1935 the current year’s taxable value for school purposes for the
1936 state; divide the result by the total full-time equivalent
1937 membership of the state; and multiply the result by the full
1938 time equivalent membership of the Florida Virtual School.
1939 (7) EDUCATIONAL ENRICHMENT ALLOCATION.—
1940 (a) The educational enrichment allocation is created to
1941 assist school districts in providing educational enrichment
1942 activities and services that support and increase the academic
1943 achievement of students in grades kindergarten through 12.
1944 Educational enrichment activities and services may be provided
1945 in a manner and at any time during or beyond the regular 180-day
1946 term identified by the school district as being the most
1947 effective and efficient way to best help the student progress
1948 from grade to grade and graduate from high school. For fiscal
1949 year 2023-2024, the educational enrichment allocation shall
1950 consist of a base amount as specified in the General
1951 Appropriations Act. Beginning in fiscal year 2024-2025, the
1952 educational enrichment allocation shall consist of the base
1953 amount that includes a workload adjustment based on changes in
1954 the unweighted full-time equivalent membership.
1955 (b) For district-managed turnaround schools as identified
1956 in s. 1008.33(4)(a), schools that earn three consecutive grades
1957 below a “C,” as identified in s. 1008.33(4)(b)3., and schools
1958 that have improved to a “C” and are no longer in turnaround
1959 status, as identified in s. 1008.33(4)(c), a supplemental amount
1960 shall be added to their educational enrichment allocation for
1961 purposes of implementing the intervention and support strategies
1962 identified in the turnaround plan submitted pursuant to s.
1963 1008.33.
1964 1. The supplemental amount shall be based on the unweighted
1965 full-time equivalent student enrollment at the eligible schools
1966 and a per full-time equivalent funding amount of $500 or as
1967 provided in the General Appropriations Act.
1968 2. Services funded by the allocation may include, but are
1969 not limited to, tutorial and afterschool programs, student
1970 counseling, nutrition education, parental counseling, and an
1971 extended school day and school year. In addition, services may
1972 include models that develop a culture that encourages students
1973 to complete high school and to attend college or career
1974 training, set high academic expectations, and inspire character
1975 development.
1976 3. A school district may enter into a formal agreement with
1977 a nonprofit organization that has tax-exempt status under s.
1978 501(c)(3) of the Internal Revenue Code to implement an
1979 integrated student support service model that provides students
1980 and families with access to wrap-around services, including, but
1981 not limited to, health services, after-school programs, drug
1982 prevention programs, college and career readiness programs, and
1983 food and clothing banks.
1984 (c) The educational enrichment allocation, to include the
1985 supplemental amount, shall be recalculated during the fiscal
1986 year pursuant to paragraph (1)(a). If the recalculated amount is
1987 greater than the amount provided in the General Appropriations
1988 Act, the allocation shall be prorated to the level provided to
1989 support the appropriation, based on each school district’s
1990 proportionate share of the total allocation.
1991 (d) Funding on the basis of full-time equivalent membership
1992 beyond the 180-day regular term shall be provided in the Florida
1993 Education Finance Program only for students enrolled in juvenile
1994 justice education programs or in education programs for
1995 juveniles placed in secure facilities or programs pursuant to s.
1996 985.19. Funding for instruction beyond the regular 180-day
1997 school year for all other kindergarten through grade 12 students
1998 shall be provided through the educational enrichment allocation
1999 and other state, federal, and local funding sources with
2000 flexibility for schools to provide educational enrichment
2001 activities and services to assist students in grades
2002 kindergarten through 12.
2003 (8) EXCEPTIONAL STUDENT EDUCATION GUARANTEED ALLOCATION.
2004 The exceptional student education guaranteed allocation is
2005 created to fund the additional costs of programs for exceptional
2006 students specified in subparagraph (1)(d)2. and shall be
2007 supplemental to the funds appropriated in the Florida Education
2008 Finance Program for the basic student funding level.
2009 (a) The amount of each school district’s exceptional
2010 student education guaranteed allocation shall be the greater of
2011 either the school district’s prior year exceptional student
2012 education guaranteed allocation funds per eligible full-time
2013 equivalent student or the exceptional student education
2014 guaranteed allocation factor as specified in the General
2015 Appropriations Act multiplied by the school district’s total
2016 number of eligible full-time equivalent students.
2017 (b) The exceptional student education guaranteed allocation
2018 shall be recalculated during the fiscal year based on actual
2019 full-time equivalent student membership. If the recalculated
2020 amount is greater than the amount provided in the General
2021 Appropriations Act, the total shall be prorated to the level of
2022 the appropriation based on each school district’s share of the
2023 total recalculated allocation amount.
2024 (6) CATEGORICAL FUNDS.—
2025 (a) In addition to the basic amount for current operations
2026 for the FEFP as determined in subsection (1), the Legislature
2027 may appropriate categorical funding for specified programs,
2028 activities, or purposes.
2029 (b) If a district school board finds and declares in a
2030 resolution adopted at a regular meeting of the school board that
2031 the funds received for any of the following categorical
2032 appropriations are urgently needed to maintain school board
2033 specified academic classroom instruction or improve school
2034 safety, the school board may consider and approve an amendment
2035 to the school district operating budget transferring the
2036 identified amount of the categorical funds to the appropriate
2037 account for expenditure:
2038 1. Funds for student transportation.
2039 2. Funds for instructional materials if all instructional
2040 material purchases necessary to provide updated materials that
2041 are aligned with applicable state standards and course
2042 descriptions and that meet statutory requirements of content and
2043 learning have been completed for that fiscal year, but no sooner
2044 than March 1. Funds available after March 1 may be used to
2045 purchase computers and device hardware for student instruction
2046 that comply with the requirements of s. 1001.20(4)(a)1.b.
2047 3. Funds for the guaranteed allocation as provided in
2048 subparagraph (1)(e)2.
2049 4. Funds for the supplemental academic instruction
2050 allocation as provided in paragraph (1)(f).
2051 5. Funds for the federally connected student supplement as
2052 provided in subsection (10).
2053 6. Funds for class size reduction as provided in s.
2054 1011.685.
2055 (c) Each district school board shall include in its annual
2056 financial report to the Department of Education the amount of
2057 funds the school board transferred from each of the categorical
2058 funds identified in this subsection and the specific academic
2059 classroom instruction or school safety need for which the
2060 transferred funds were expended. The Department of Education
2061 shall provide instructions and specify the format to be used in
2062 submitting this required information as a part of the district
2063 annual financial report. The Department of Education shall
2064 submit a report to the Legislature that identifies by district
2065 and by categorical fund the amount transferred and the specific
2066 academic classroom activity or school safety need for which the
2067 funds were expended.
2068 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
2069 (a) Annually, in an amount to be determined by the
2070 Legislature through the General Appropriations Act, there shall
2071 be added to the basic amount for current operation of the FEFP
2072 qualified districts a sparsity supplement which shall be
2073 computed as follows:
2074
2075
2076 Sparsity Factor = 1101.8918 – 0.1101
2077 2700 + districtsparsityindex
2078
2079 except that districts with a sparsity index of 1,000 or less
2080 shall be computed as having a sparsity index of 1,000, and
2081 districts having a sparsity index of 7,308 and above shall be
2082 computed as having a sparsity factor of zero. A qualified
2083 district’s full-time equivalent student membership shall equal
2084 or be less than that prescribed annually by the Legislature in
2085 the appropriations act. The amount prescribed annually by the
2086 Legislature shall be no less than 17,000, but no more than
2087 30,000.
2088 (b) The district sparsity index shall be computed by
2089 dividing the total number of full-time equivalent students in
2090 all programs in the district by the number of senior high school
2091 centers in the district, not in excess of three, which centers
2092 are approved as permanent centers by a survey made by the
2093 Department of Education. For districts with a full-time
2094 equivalent student membership of at least 20,000, but no more
2095 than 30,000, the index shall be computed by dividing the total
2096 number of full-time equivalent students in all programs by the
2097 number of permanent senior high school centers in the district,
2098 not in excess of four.
2099 (c) If the sparsity supplement calculated in paragraphs (a)
2100 and (b) for an eligible district is less than $100 per full-time
2101 equivalent student, the district’s supplement shall be increased
2102 to $100 per FTE or to the minimum amount per FTE designated in
2103 the General Appropriations Act.
2104 (d) Each district’s allocation of sparsity supplement funds
2105 shall be adjusted in the following manner:
2106 1. A maximum discretionary levy per FTE value for each
2107 district shall be calculated by dividing the value of each
2108 district’s maximum discretionary levy by its FTE student count.
2109 2. A state average discretionary levy value per FTE shall
2110 be calculated by dividing the total maximum discretionary levy
2111 value for all districts by the state total FTE student count.
2112 3. A total potential funds per FTE for each district shall
2113 be calculated by dividing the total potential funds, not
2114 including Florida School Recognition Program funds and the
2115 minimum guarantee funds, for each district by its FTE student
2116 count.
2117 4. A state average total potential funds per FTE shall be
2118 calculated by dividing the total potential funds, not including
2119 Florida School Recognition Program funds and the minimum
2120 guarantee funds, for all districts by the state total FTE
2121 student count.
2122 5. For districts that have a levy value per FTE as
2123 calculated in subparagraph 1. higher than the state average
2124 calculated in subparagraph 2., a sparsity wealth adjustment
2125 shall be calculated as the product of the difference between the
2126 state average levy value per FTE calculated in subparagraph 2.
2127 and the district’s levy value per FTE calculated in subparagraph
2128 1. and the district’s FTE student count and -1. However, no
2129 district shall have a sparsity wealth adjustment that, when
2130 applied to the total potential funds calculated in subparagraph
2131 3., would cause the district’s total potential funds per FTE to
2132 be less than the state average calculated in subparagraph 4.
2133 6. Each district’s sparsity supplement allocation shall be
2134 calculated by adding the amount calculated as specified in
2135 paragraphs (a) and (b) and the wealth adjustment amount
2136 calculated in this paragraph.
2137 (8) EVIDENCE-BASED READING INSTRUCTION ALLOCATION.—
2138 (a) The evidence-based reading instruction allocation is
2139 created to provide comprehensive reading instruction to students
2140 in prekindergarten through grade 12.
2141 (b) Intensive reading instruction for students who have
2142 reading deficiencies must include evidence-based reading
2143 instruction proven to accelerate progress of students exhibiting
2144 a reading deficiency; differentiated instruction based on
2145 screening, diagnostic, progress monitoring, or student
2146 assessment data to meet students’ specific reading needs;
2147 explicit and systematic reading strategies to develop phonemic
2148 awareness, phonics, fluency, vocabulary, and comprehension, with
2149 more extensive opportunities for guided practice, error
2150 correction, and feedback; and the coordinated integration of
2151 civic literacy, science, and mathematics-text reading, text
2152 discussion, and writing in response to reading.
2153 (c) Funds for comprehensive, evidence-based reading
2154 instruction shall be allocated annually to each school district
2155 in the amount provided in the General Appropriations Act. Each
2156 eligible school district shall receive the same minimum amount
2157 as specified in the General Appropriations Act, and any
2158 remaining funds shall be distributed to eligible school
2159 districts based on each school district’s proportionate share of
2160 K-12 base funding.
2161 (d) Funds allocated under this subsection must be used to
2162 provide a system of comprehensive reading instruction to
2163 students enrolled in the prekindergarten-12 programs and certain
2164 students who exhibit a substantial deficiency in early literacy,
2165 which may include the following:
2166 1. Additional time per day of evidence-based intensive
2167 reading instruction to students, which may be delivered during
2168 or outside of the regular school day.
2169 2. Kindergarten through grade 12 evidence-based intensive
2170 reading interventions.
2171 3. Highly qualified reading coaches, who must be endorsed
2172 in reading, to specifically support teachers in making
2173 instructional decisions based on student data, and improve
2174 teacher delivery of effective reading instruction, intervention,
2175 and reading in the content areas based on student need.
2176 4. Professional development to help instructional personnel
2177 and certified prekindergarten teachers funded in the Florida
2178 Education Finance Program earn a certification, a credential, an
2179 endorsement, or an advanced degree in scientifically researched
2180 and evidence-based reading instruction.
2181 5. Summer reading camps, using only teachers or other
2182 district personnel who possess a micro-credential as specified
2183 in s. 1003.485 or are certified or endorsed in reading
2184 consistent with s. 1008.25(7)(b)3., for all students in
2185 kindergarten through grade 5 who demonstrate a reading
2186 deficiency as determined by district and state assessments.
2187 6. Scientifically researched and evidence-based
2188 supplemental instructional materials as identified by the Just
2189 Read, Florida! Office pursuant to s. 1001.215(8).
2190 7. Incentives for instructional personnel and certified
2191 prekindergarten teachers funded in the Florida Education Finance
2192 Program who possess a reading certification or endorsement or
2193 micro-credential as specified in s. 1003.485 and provide
2194 educational support to improve student literacy.
2195 8. Tutoring in reading.
2196 (e)1. Annually, by a date determined by the Department of
2197 Education, each school district shall submit a comprehensive
2198 reading plan approved by the applicable district school board,
2199 charter school governing board, or lab school board of trustees,
2200 for the specific use of the evidence-based reading instruction
2201 allocation, based upon a root-cause analysis. The State Regional
2202 Literacy Director may assist in the development of the plan. The
2203 department shall provide a plan format. A district school board
2204 may use the format developed by the department or a format
2205 developed by the district school board.
2206 2. Intensive reading interventions must be delivered by
2207 instructional personnel who possess the micro-credential as
2208 provided in s. 1003.485 or are certified or endorsed in reading
2209 and must incorporate evidence-based strategies identified by the
2210 Just Read, Florida! Office pursuant to s. 1001.215(8).
2211 Instructional personnel who possess a micro-credential as
2212 specified in s. 1003.485 and are delivering intensive reading
2213 interventions must be supervised by an individual certified or
2214 endorsed in reading. For the purposes of this subsection, the
2215 term “supervision” means the ability to communicate by way of
2216 telecommunication with or physical presence of the certified or
2217 endorsed personnel for consultation and direction of the actions
2218 of the personnel with the micro-credential.
2219 3. By July 1 of each year, the department shall release to
2220 each school district its allocation of appropriated funds. The
2221 department shall evaluate the implementation of each district
2222 plan, including conducting site visits and collecting specific
2223 data on expenditures and reading improvement results. By
2224 February 1 of each year, the department shall report its
2225 findings to the Legislature and the State Board of Education,
2226 including any recommendations for improving implementation of
2227 evidence-based reading and intervention strategies in
2228 classrooms.
2229
2230 For purposes of this subsection, the term “evidence-based” means
2231 demonstrating a statistically significant effect on improving
2232 student outcomes or other relevant outcomes as provided in 20
2233 U.S.C. s. 8101(21)(A)(i).
2234 (9) CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE
2235 JUSTICE EDUCATION PROGRAMS.—
2236 (a) The total kindergarten through grade 12 K-12 weighted
2237 full-time equivalent student membership in juvenile justice
2238 education programs in each school district shall be multiplied
2239 by the amount of the state average class-size-reduction factor
2240 multiplied by the comparable wage factor for the school district
2241 established in subsection (2) district’s cost differential. An
2242 amount equal to the sum of this calculation shall be allocated
2243 in the Florida Education Finance Program FEFP to each school
2244 district to supplement other sources of funding for students in
2245 juvenile justice education programs.
2246 (b) Funds allocated under this subsection shall be used to
2247 provide the juvenile justice education programs pursuant to s.
2248 1003.52 and may be used to pay for the high school equivalency
2249 examination fees for juvenile justice students who pass the high
2250 school equivalency examination in full, or in part, while in a
2251 juvenile justice education program, the industry credentialing
2252 testing fees for such students, and the costs associated with
2253 such juvenile justice students enrolled in career and technical
2254 education courses that lead to industry-recognized
2255 certifications.
2256 (11) QUALITY ASSURANCE GUARANTEE.—The Legislature may
2257 annually in the General Appropriations Act determine a
2258 percentage increase in funds per kindergarten through grade 12
2259 K-12 unweighted full-time equivalent student FTE as a minimum
2260 guarantee to each school district. The guarantee shall be
2261 calculated from prior year base funding per unweighted full-time
2262 equivalent FTE student which shall include the adjusted full
2263 time equivalent FTE dollars as provided in subsection (15),
2264 quality guarantee funds, and actual nonvoted discretionary local
2265 effort from taxes. From the base funding per unweighted full
2266 time equivalent student FTE, the increase shall be calculated
2267 for the current year. The current year funds from which the
2268 guarantee shall be determined shall include the adjusted full
2269 time equivalent FTE dollars as provided in subsection (15) and
2270 potential nonvoted discretionary local effort from taxes. A
2271 comparison of current year funds per unweighted full-time
2272 equivalent student FTE to prior year funds per unweighted full
2273 time equivalent student FTE shall be computed. For those school
2274 districts which have less than the legislatively assigned
2275 percentage increase, funds shall be provided to guarantee the
2276 assigned percentage increase in funds per unweighted full-time
2277 equivalent FTE student. Should appropriated funds be less than
2278 the sum of this calculated amount for all districts, the
2279 commissioner shall prorate each district’s allocation. This
2280 provision shall be implemented to the extent specifically
2281 funded.
2282 (12) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
2283 created to provide funding to assist school districts in their
2284 compliance with ss. 1006.07-1006.12, with priority given to
2285 safe-school officers pursuant to s. 1006.12. Each school
2286 district shall receive a minimum safe schools allocation in an
2287 amount provided in the General Appropriations Act. Of the
2288 remaining balance of the safe schools allocation, one-third
2289 shall be allocated to school districts based on the most recent
2290 official Florida Crime Index provided by the Department of Law
2291 Enforcement and two-thirds shall be allocated based on each
2292 school district’s proportionate share of the state’s total
2293 unweighted full-time equivalent student enrollment. Each school
2294 district must report to the Department of Education by October
2295 15 that all public schools within the school district have
2296 completed the school security risk assessment using the Florida
2297 Safe Schools Assessment Tool developed pursuant to s. 1006.1493.
2298 If a district school board is required by s. 1006.12 to assign a
2299 school resource officer or school safety officer to a charter
2300 school, the charter school’s share of costs for such officer may
2301 not exceed the amount of funds allocated to the charter school
2302 under this subsection.
2303 (13) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
2304 assistance allocation is created to provide funding to assist
2305 school districts in their implementation of their establishing
2306 or expanding school-based mental health assistance program
2307 pursuant to s. 1006.041 care; train educators and other school
2308 staff in detecting and responding to mental health issues; and
2309 connect children, youth, and families who may experience
2310 behavioral health issues with appropriate services. These funds
2311 shall be allocated annually in the General Appropriations Act or
2312 other law to each eligible school district. Each school district
2313 shall receive a minimum of $100,000, with the remaining balance
2314 allocated based on each school district’s proportionate share of
2315 the state’s total unweighted full-time equivalent student
2316 enrollment. Charter schools that submit a plan separate from the
2317 school district are entitled to a proportionate share of
2318 district funding. The allocated funds may not supplant funds
2319 that are provided for this purpose from other operating funds
2320 and may not be used to increase salaries or provide bonuses.
2321 School districts are encouraged to maximize third-party health
2322 insurance benefits and Medicaid claiming for services, where
2323 appropriate.
2324 (a) Before the distribution of the allocation:
2325 1. The school district must develop and submit a detailed
2326 plan outlining the local program and planned expenditures to the
2327 district school board for approval. This plan must include all
2328 district schools, including charter schools, unless a charter
2329 school elects to submit a plan independently from the school
2330 district pursuant to subparagraph 2.
2331 2. A charter school may develop and submit a detailed plan
2332 outlining the local program and planned expenditures to its
2333 governing body for approval. After the plan is approved by the
2334 governing body, it must be provided to the charter school’s
2335 sponsor.
2336 (b) The plans required under paragraph (a) must be focused
2337 on a multitiered system of supports to deliver evidence-based
2338 mental health care assessment, diagnosis, intervention,
2339 treatment, and recovery services to students with one or more
2340 mental health or co-occurring substance abuse diagnoses and to
2341 students at high risk of such diagnoses. The provision of these
2342 services must be coordinated with a student’s primary mental
2343 health care provider and with other mental health providers
2344 involved in the student’s care. At a minimum, the plans must
2345 include the following elements:
2346 1. Direct employment of school-based mental health services
2347 providers to expand and enhance school-based student services
2348 and to reduce the ratio of students to staff in order to better
2349 align with nationally recommended ratio models. These providers
2350 include, but are not limited to, certified school counselors,
2351 school psychologists, school social workers, and other licensed
2352 mental health professionals. The plan also must identify
2353 strategies to increase the amount of time that school-based
2354 student services personnel spend providing direct services to
2355 students, which may include the review and revision of district
2356 staffing resource allocations based on school or student mental
2357 health assistance needs.
2358 2. Contracts or interagency agreements with one or more
2359 local community behavioral health providers or providers of
2360 Community Action Team services to provide a behavioral health
2361 staff presence and services at district schools. Services may
2362 include, but are not limited to, mental health screenings and
2363 assessments, individual counseling, family counseling, group
2364 counseling, psychiatric or psychological services, trauma
2365 informed care, mobile crisis services, and behavior
2366 modification. These behavioral health services may be provided
2367 on or off the school campus and may be supplemented by
2368 telehealth.
2369 3. Policies and procedures, including contracts with
2370 service providers, which will ensure that:
2371 a. Students referred to a school-based or community-based
2372 mental health service provider for mental health screening for
2373 the identification of mental health concerns and students at
2374 risk for mental health disorders are assessed within 15 days of
2375 referral. School-based mental health services must be initiated
2376 within 15 days after identification and assessment, and support
2377 by community-based mental health service providers for students
2378 who are referred for community-based mental health services must
2379 be initiated within 30 days after the school or district makes a
2380 referral.
2381 b. Parents of a student receiving services under this
2382 subsection are provided information about other behavioral
2383 health services available through the student’s school or local
2384 community-based behavioral health services providers. A school
2385 may meet this requirement by providing information about and
2386 Internet addresses for web-based directories or guides for local
2387 behavioral health services.
2388 c. Individuals living in a household with a student
2389 receiving services under this subsection are provided
2390 information about behavioral health services available through
2391 other delivery systems or payors for which such individuals may
2392 qualify, if such services appear to be needed or enhancements in
2393 those individuals’ behavioral health would contribute to the
2394 improved well-being of the student.
2395 4. Strategies or programs to reduce the likelihood of at
2396 risk students developing social, emotional, or behavioral health
2397 problems, depression, anxiety disorders, suicidal tendencies, or
2398 substance use disorders.
2399 5. Strategies to improve the early identification of
2400 social, emotional, or behavioral problems or substance use
2401 disorders, to improve the provision of early intervention
2402 services, and to assist students in dealing with trauma and
2403 violence.
2404 6. Procedures to assist a mental health services provider
2405 or a behavioral health provider as described in subparagraph 1.
2406 or subparagraph 2., respectively, or a school resource officer
2407 or school safety officer who has completed mental health crisis
2408 intervention training in attempting to verbally de-escalate a
2409 student’s crisis situation before initiating an involuntary
2410 examination pursuant to s. 394.463. Such procedures must include
2411 strategies to de-escalate a crisis situation for a student with
2412 a developmental disability as that term is defined in s.
2413 393.063.
2414 7. Policies of the school district which must require that
2415 in a student crisis situation, school or law enforcement
2416 personnel must make a reasonable attempt to contact a mental
2417 health professional who may initiate an involuntary examination
2418 pursuant to s. 394.463, unless the child poses an imminent
2419 danger to themselves or others, before initiating an involuntary
2420 examination pursuant to s. 394.463. Such contact may be in
2421 person or using telehealth as defined in s. 456.47. The mental
2422 health professional may be available to the school district
2423 either by contracts or interagency agreements with the managing
2424 entity, one or more local community behavioral health providers,
2425 or the local mobile response team or be a direct or contracted
2426 school district employee.
2427 (c) School districts shall submit approved plans, including
2428 approved plans of each charter school in the district, to the
2429 commissioner by August 1 of each fiscal year.
2430 (d) Beginning September 30, 2019, and annually by September
2431 30 thereafter, each school district shall submit to the
2432 Department of Education a report on its program outcomes and
2433 expenditures for the previous fiscal year that, at a minimum,
2434 must include the number of each of the following:
2435 1. Students who receive screenings or assessments.
2436 2. Students who are referred to either school-based or
2437 community-based providers for services or assistance.
2438 3. Students who receive either school-based or community
2439 based interventions, services, or assistance.
2440 4. School-based and community-based mental health
2441 providers, including licensure type, paid for from funds
2442 provided through the allocation.
2443 5. Contract-based collaborative efforts or partnerships
2444 with community mental health programs, agencies, or providers.
2445 (14) CLASSROOM TEACHER AND OTHER INSTRUCTIONAL PERSONNEL
2446 SALARY INCREASE ALLOCATION.—The Legislature may annually
2447 apportion an amount of funds provided provide in the Florida
2448 Education Finance Program to assist school districts and charter
2449 schools in their compliance with the requirement that the
2450 minimum base salary for full-time classroom teachers, as defined
2451 in s. 1012.01(2)(a), and certified prekindergarten teachers
2452 funded in the Florida Education Finance Program is at least
2453 $47,500 a teacher salary increase allocation to assist school
2454 districts in their recruitment and retention of classroom
2455 teachers and other instructional personnel. The amount and
2456 distribution methodology for the funding of the allocation shall
2457 be specified in the General Appropriations Act.
2458 (a) Each school district shall receive an allocation based
2459 on the school district’s proportionate share of the base FEFP
2460 allocation. Each school district shall provide each charter
2461 school within its district its proportionate share calculated
2462 pursuant to s. 1002.33(17)(b). If a district school board has
2463 not received its allocation due to its failure to submit an
2464 approved district salary distribution plan, the district school
2465 board must still provide each charter school that has submitted
2466 a salary distribution plan within its district its proportionate
2467 share of the allocation.
2468 (b) Allocation funds are restricted in use as follows:
2469 1. Each school district and charter school shall use its
2470 share of the allocation to increase the minimum base salary for
2471 full-time classroom teachers, as defined in s. 1012.01(2)(a),
2472 plus certified prekindergarten teachers funded in the Florida
2473 Education Finance Program, to at least $47,500, or to the
2474 maximum amount achievable based on the allocation and as
2475 specified in the General Appropriations Act. The term “minimum
2476 base salary” means the lowest annual base salary reported on the
2477 salary schedule for a full-time classroom teacher. No full-time
2478 classroom teacher shall receive a salary less than the minimum
2479 base salary as adjusted by this subparagraph. This subparagraph
2480 does not apply to substitute teachers.
2481 2. In addition, each school district shall use its share of
2482 the allocation to provide salary increases, as funding permits,
2483 for the following personnel:
2484 a. Full-time classroom teachers, as defined in s.
2485 1012.01(2)(a), plus certified prekindergarten teachers funded in
2486 the Florida Education Finance Program, who did not receive an
2487 increase or who received an increase of less than 2 percent
2488 under subparagraph 1. or as specified in the General
2489 Appropriations Act. This subparagraph does not apply to
2490 substitute teachers.
2491 b. Other full-time instructional personnel as defined in s.
2492 1012.01(2)(b)-(d).
2493 3. A school district or charter school may use funds
2494 available after the requirements of subparagraph 1. are met to
2495 provide salary increases pursuant to subparagraph 2.
2496 4. A school district or charter school shall maintain the
2497 minimum base salary achieved for classroom teachers provided
2498 under subparagraph 1. and may not reduce the salary increases
2499 provided under subparagraph 2. in any subsequent fiscal year,
2500 unless specifically authorized in the General Appropriations
2501 Act.
2502 (c) Before distributing allocation funds received pursuant
2503 to paragraph (a), each school district and each charter school
2504 shall develop a salary distribution plan that clearly delineates
2505 the planned distribution of funds pursuant to paragraph (b) in
2506 accordance with modified salary schedules, as necessary, for the
2507 implementation of this subsection.
2508 1. Each school district superintendent and each charter
2509 school administrator must submit its proposed salary
2510 distribution plan to the district school board or the charter
2511 school governing body, as appropriate, for approval.
2512 2. Each school district shall submit the approved district
2513 salary distribution plan and the approved salary distribution
2514 plan for each charter school in the district to the department
2515 by October 1 of each fiscal year.
2516 (d) In a format specified by the department, provide as
2517 follows:
2518 1. By December 1, each school district shall provide a
2519 preliminary report to the department that includes a detailed
2520 summary explaining the school district’s planned expenditure of
2521 the entire allocation for the district received pursuant to
2522 paragraph (a), the amount of the increase to the minimum base
2523 salary for classroom teachers pursuant to paragraph (b), and the
2524 school district’s salary schedule for the prior fiscal year and
2525 the fiscal year in which the base salary is increased. Each
2526 charter school governing board shall submit the information
2527 required under this subparagraph to the district school board
2528 for inclusion in the school district’s preliminary report to the
2529 department.
2530 2. By February 1, the department shall submit to the
2531 Governor, the President of the Senate, and the Speaker of the
2532 House of Representatives a statewide report on the planned
2533 expenditure of the teacher salary increase allocation, which
2534 includes the detailed summary provided by each school district
2535 and charter school.
2536 3. By August 1, each school district shall provide a final
2537 report to the department with the information required in
2538 subparagraph 1. for the prior fiscal year. Each charter school
2539 governing board shall submit the information required under this
2540 subparagraph to the district school board for inclusion in the
2541 school district’s final report to the department.
2542 (e) Although district school boards and charter school
2543 governing boards are not precluded from bargaining over wages,
2544 the teacher salary increase allocation must be used solely to
2545 comply with the requirements of this section. A district school
2546 board or charter school governing board that is unable to meet
2547 the reporting requirements specified in paragraph (c) or
2548 paragraph (d) due to a collective bargaining impasse must
2549 provide written notification to the department or the district
2550 school board, as applicable, detailing the reasons for the
2551 impasse with a proposed timeline and details for a resolution.
2552 (15) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
2553 CURRENT OPERATION.—The total annual state allocation to each
2554 district for current operation for the Florida Education Finance
2555 Program FEFP shall be distributed periodically in the manner
2556 prescribed in the General Appropriations Act.
2557 (a) If the funds appropriated for current operation of the
2558 Florida Education Finance Program, including funds appropriated
2559 pursuant to subsection (18) FEFP are not sufficient to pay the
2560 state requirement in full, the department shall prorate the
2561 available state funds to each district in the following manner:
2562 1. Determine the percentage of proration by dividing the
2563 sum of the total amount for current operation, as provided in
2564 this paragraph for all districts collectively, and the total
2565 district required local effort into the sum of the state funds
2566 available for current operation and the total district required
2567 local effort.
2568 2. Multiply the percentage so determined by the sum of the
2569 total amount for current operation as provided in this paragraph
2570 and the required local effort for each individual district.
2571 3. From the product of such multiplication, subtract the
2572 required local effort of each district; and the remainder shall
2573 be the amount of state funds allocated to the district for
2574 current operation. However, no calculation subsequent to the
2575 appropriation shall result in negative state funds for any
2576 district.
2577 (16) STATE-FUNDED DISCRETIONARY SUPPLEMENT.—
2578 (a) The state-funded discretionary supplement is created to
2579 fund the nonvoted discretionary millage for operations pursuant
2580 to s. 1011.71(1) and (3) for students awarded a Family
2581 Empowerment Scholarship in accordance with s. 1002.394. To
2582 calculate the state-funded discretionary supplement for
2583 inclusion in the amount of the scholarship funding:
2584 1. For fiscal year 2023-2024, multiply the maximum
2585 allowable nonvoted discretionary millage for operations pursuant
2586 to s. 1011.71(1) and (3) by the value of 96 percent of the
2587 current year’s taxable value for school purposes for the school
2588 district where the student is reported for purposes of the
2589 Florida Education Finance Program as appropriated in the General
2590 Appropriations Act; divide the result by the school district’s
2591 total unweighted full-time equivalent membership as appropriated
2592 in the General Appropriations Act; and multiply the result by
2593 the total unweighted full-time equivalent membership associated
2594 with the number of Family Empowerment Scholarship students
2595 included in the school district’s total unweighted full-time
2596 equivalent membership. A base amount as specified in the General
2597 Appropriations Act shall be added to this amount for purposes of
2598 calculating the total amount of the supplement.
2599 2. Beginning in fiscal year 2024-2025 and thereafter,
2600 multiply the maximum allowable nonvoted discretionary millage
2601 for operations pursuant to s. 1011.71(1) and (3) by the value of
2602 96 percent of the current year’s taxable value for school
2603 purposes for the school district where the student is reported
2604 for purposes of the Florida Education Finance Program as
2605 appropriated in the General Appropriations Act; divide the
2606 result by the school district’s total unweighted full-time
2607 equivalent membership as appropriated in the General
2608 Appropriations Act; and multiply the result by the total
2609 unweighted full-time equivalent membership associated with the
2610 number of Family Empowerment Scholarship students. The prior
2611 year’s base amount shall be adjusted based on changes in the
2612 eligible number of unweighted full-time equivalent membership
2613 associated with the number of Family Empowerment Scholarship
2614 students.
2615 (b) The state-funded discretionary supplement shall be
2616 recalculated during the fiscal year pursuant to paragraph
2617 (1)(a). If the recalculated amount is greater than the amount
2618 provided in the General Appropriations Act, the allocation shall
2619 be prorated to the level provided to support the appropriation,
2620 based on each school district’s proportionate share of the total
2621 allocation.
2622 (17) CATEGORICAL FUNDS.—
2623 (a) If a district school board determines that some or all
2624 of the funds received for any of the categorical programs
2625 established in this section are needed to maintain or enhance
2626 school board-specified academic classroom instruction, maintain
2627 or expand career and technical education instruction, or improve
2628 school safety, the school district may consider and approve an
2629 amendment to the school district’s operating budget by
2630 transferring the identified amount of the categorical funds to
2631 the appropriate account for expenditure.
2632 (b) Each school district shall include in its annual
2633 financial report to the Department of Education the amount of
2634 funds the school board transferred from each of the categorical
2635 funds identified in this subsection and the specific academic
2636 classroom instruction, maintain or expand career and technical
2637 education instruction, or school safety need for which the
2638 transferred funds were expended. The department shall provide
2639 instructions and specify the format to be used in submitting
2640 this required information as part of the district annual
2641 financial report. The department shall annually submit a report
2642 to the Legislature which identifies by school district and by
2643 categorical fund the amount transferred and the specific
2644 academic classroom activity, the maintained or expanded career
2645 and technical education instruction, or the school safety need
2646 for which the funds were expended.
2647 (18) EDUCATIONAL ENROLLMENT STABILIZATION PROGRAM.—
2648 (a) The educational enrollment stabilization program is
2649 created to provide supplemental state funds as needed to
2650 maintain the stability of the operations of public schools in
2651 each school district and to protect districts, including charter
2652 schools, from financial instability as a result of changes in
2653 full-time equivalent student enrollment throughout the school
2654 year. This program shall be implemented to the extent funds are
2655 available.
2656 (b) The Legislature may annually appropriate funds in the
2657 General Appropriations Act to the Department of Education for
2658 this program. The Department of Education shall use funds as
2659 appropriated to ensure that, based on each recalculation of the
2660 Florida Education Finance Program pursuant to paragraph (1)(a),
2661 a school district’s funds per unweighted full-time equivalent
2662 student is not less than the greater of either the school
2663 district’s funds per unweighted full-time equivalent student as
2664 appropriated in the General Appropriations Act or the school
2665 district’s funds per unweighted full-time equivalent student as
2666 recalculated based upon the receipt of the certified taxable
2667 value for school purposes pursuant to s. 1011.62(4).
2668 (16) COMPUTATION OF PRIOR YEAR DISTRICT REQUIRED LOCAL
2669 EFFORT.—Calculations required in this section shall be based on
2670 95 percent of the taxable value for school purposes for fiscal
2671 years prior to the 2010-2011 fiscal year.
2672 (17) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION.
2673 The turnaround school supplemental services allocation is
2674 created to provide district-managed turnaround schools, as
2675 identified in s. 1008.33(4)(a), schools that earn three
2676 consecutive grades below a “C,” as identified in s.
2677 1008.33(4)(b)3., and schools that have improved to a “C” and are
2678 no longer in turnaround status, as identified in s.
2679 1008.33(4)(c), with funds to offer services designed to improve
2680 the overall academic and community welfare of the schools’
2681 students and their families.
2682 (a)1. Services funded by the allocation may include, but
2683 are not limited to, tutorial and after-school programs, student
2684 counseling, nutrition education, parental counseling, and an
2685 extended school day and school year. In addition, services may
2686 include models that develop a culture that encourages students
2687 to complete high school and to attend college or career
2688 training, set high academic expectations, and inspire character
2689 development.
2690 2. A school district may enter into a formal agreement with
2691 a nonprofit organization that has tax-exempt status under s.
2692 501(c)(3) of the Internal Revenue Code to implement an
2693 integrated student support service model that provides students
2694 and families with access to wrap-around services, including, but
2695 not limited to, health services, after-school programs, drug
2696 prevention programs, college and career readiness programs, and
2697 food and clothing banks.
2698 (b) Before distribution of the allocation, the school
2699 district shall develop and submit a plan for implementation to
2700 its school board for approval no later than August 1 of each
2701 fiscal year.
2702 (c) At a minimum, the plan required under paragraph (b)
2703 must:
2704 1. Establish comprehensive support services that develop
2705 family and community partnerships;
2706 2. Establish clearly defined and measurable high academic
2707 and character standards;
2708 3. Increase parental involvement and engagement in the
2709 child’s education;
2710 4. Describe how instructional personnel will be identified,
2711 recruited, retained, and rewarded;
2712 5. Provide professional development that focuses on
2713 academic rigor, direct instruction, and creating high academic
2714 and character standards;
2715 6. Provide focused instruction to improve student academic
2716 proficiency, which may include additional instruction time
2717 beyond the normal school day or school year; and
2718 7. Include a strategy for continuing to provide services
2719 after the school is no longer in turnaround status by virtue of
2720 achieving a grade of “C” or higher.
2721 (d) Each school district shall submit its approved plans to
2722 the commissioner by September 1 of each fiscal year.
2723 (e) Subject to legislative appropriation, each school
2724 district’s allocation must be based on the unweighted FTE
2725 student enrollment at the eligible schools and a per-FTE funding
2726 amount of $500 or as provided in the General Appropriations Act.
2727 The supplement provided in the General Appropriations Act shall
2728 be based on the most recent school grades and shall serve as a
2729 proxy for the official calculation. Once school grades are
2730 available for the school year immediately preceding the fiscal
2731 year coinciding with the appropriation, the supplement shall be
2732 recalculated for the official participating schools as part of
2733 the subsequent FEFP calculation. The commissioner may prepare a
2734 preliminary calculation so that districts may proceed with
2735 timely planning and use of the funds. If the calculated funds
2736 for the statewide allocation exceed the funds appropriated, the
2737 allocation of funds to each school district must be prorated
2738 based on each school district’s share of the total unweighted
2739 FTE student enrollment for the eligible schools.
2740 (f) Subject to legislative appropriation, each school shall
2741 remain eligible for the allocation for a maximum of 4 continuous
2742 fiscal years while implementing a turnaround option pursuant to
2743 s. 1008.33(4). In addition, a school that improves to a grade of
2744 “C” or higher shall remain eligible to receive the allocation
2745 for a maximum of 2 continuous fiscal years after exiting
2746 turnaround status.
2747 Section 41. Section 1011.622, Florida Statutes, is amended
2748 to read:
2749 1011.622 Adjustments for students without a Florida student
2750 identification number.—The Florida Education Finance Program
2751 funding calculations, including the calculations authorized in
2752 ss. 1011.62, 1011.67, 1011.68, and 1011.685, shall include
2753 funding for a student only when all of the student’s records are
2754 reported to the Department of Education under a Florida student
2755 identification number. The State Board of Education may adopt
2756 rules pursuant to ss. 120.536(1) and 120.54 to implement this
2757 section.
2758 Section 42. Section 1011.67, Florida Statutes, is repealed.
2759 Section 43. Subsection (4) of section 1011.69, Florida
2760 Statutes, is amended to read:
2761 1011.69 Equity in School-Level Funding Act.—
2762 (4) The following funds are excluded from the school-level
2763 allocation under this section: Funds appropriated in the General
2764 Appropriations Act for supplemental academic instruction to be
2765 used for the purposes described in s. 1011.62(1)(f).
2766 Section 44. Paragraph (b) of subsection (3) of section
2767 1011.84, Florida Statutes, is amended to read:
2768 1011.84 Procedure for determining state financial support
2769 and annual apportionment of state funds to each Florida College
2770 System institution district.—The procedure for determining state
2771 financial support and the annual apportionment to each Florida
2772 College System institution district authorized to operate a
2773 Florida College System institution under the provisions of s.
2774 1001.61 shall be as follows:
2775 (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
2776 (b) The apportionment to each Florida College System
2777 institution from the Florida College System Program Fund shall
2778 be determined annually in the General Appropriations Act. In
2779 determining each college’s apportionment, the Legislature shall
2780 consider the following components:
2781 1. Base budget, which includes the state appropriation to
2782 the Florida College System Program Fund in the current year plus
2783 the related student tuition and out-of-state fees assigned in
2784 the current General Appropriations Act.
2785 2. The cost-to-continue allocation, which consists of
2786 incremental changes to the base budget, including salaries,
2787 price levels, and other related costs allocated through a
2788 funding model approved by the Legislature which may recognize
2789 differing economic factors arising from the individual
2790 educational approaches of the various Florida College System
2791 institutions, including, but not limited to:
2792 a. Direct Instructional Funding, including class size,
2793 faculty productivity factors, average faculty salary, ratio of
2794 full-time to part-time faculty, costs of programs, and
2795 enrollment factors.
2796 b. Academic Support, including small colleges factor,
2797 multicampus factor, and enrollment factor.
2798 c. Student Services Support, including headcount of
2799 students as well as FTE count and enrollment factors.
2800 d. Library Support, including volume and other
2801 materials/audiovisual requirements.
2802 e. Special Projects.
2803 f. Operations and Maintenance of Plant, including square
2804 footage and utilization factors.
2805 g. Comparable wage factor District Cost Differential.
2806 3. Students enrolled in a recreation and leisure program
2807 and students enrolled in a lifelong learning program who may not
2808 be counted as full-time equivalent enrollments for purposes of
2809 enrollment workload adjustments.
2810 4. Operating costs of new facilities adjustments, which
2811 shall be provided, from funds available, for each new facility
2812 that is owned by the college and is recommended in accordance
2813 with s. 1013.31.
2814 5. New and improved program enhancements, which shall be
2815 determined by the Legislature.
2816
2817 Student fees in the base budget plus student fee revenues
2818 generated by increases in fee rates shall be deducted from the
2819 sum of the components determined in subparagraphs 1.-5. The
2820 amount remaining shall be the net annual state apportionment to
2821 each college.
2822 Section 45. Section 1012.44, Florida Statutes, is amended
2823 to read:
2824 1012.44 Qualifications for certain persons providing
2825 speech-language services.—The State Board of Education shall
2826 adopt rules for speech-language services to school districts
2827 that qualify for additional full-time equivalent membership
2828 under s. 1011.62(1)(f) the sparsity supplement as described in
2829 s. 1011.62(7). These services may be provided by baccalaureate
2830 degree level persons for a period of 3 years. The rules shall
2831 authorize the delivery of speech-language services by
2832 baccalaureate degree level persons under the direction of a
2833 certified speech-language pathologist with a master’s degree or
2834 higher.
2835 Section 46. Subsections (1) and (4) of section 1012.584,
2836 Florida Statutes, are amended to read:
2837 1012.584 Continuing education and inservice training for
2838 youth mental health awareness and assistance.—
2839 (1) Beginning with the 2018-2019 school year, The
2840 Department of Education shall establish an evidence-based youth
2841 mental health awareness and assistance training program to help
2842 school personnel identify and understand the signs of emotional
2843 disturbance, mental illness, and substance use disorders and
2844 provide such personnel with the skills to help a person who is
2845 developing or experiencing an emotional disturbance, mental
2846 health, or substance use problem.
2847 (4) Each school district shall notify all school personnel
2848 who have received training pursuant to this section of mental
2849 health services that are available in the school district, and
2850 the individual to contact if a student needs services. The term
2851 “mental health services” includes, but is not limited to,
2852 community mental health services, health care providers, and
2853 services provided under ss. 1006.04 and 1006.041 ss. 1006.04 and
2854 1011.62(13).
2855 Section 47. Paragraph (b) of subsection (2) of section
2856 1012.586, Florida Statutes, is amended to read:
2857 1012.586 Additions or changes to certificates; duplicate
2858 certificates; reading endorsement pathways.—
2859 (2)
2860 (b) As part of adopting a pathway pursuant to paragraph
2861 (a), the department shall review the competencies for the
2862 reading endorsement and subject area examinations for educator
2863 certificates identified pursuant to s. 1012.585(3)(f) for
2864 alignment with evidence-based instructional and intervention
2865 strategies rooted in the science of reading and identified
2866 pursuant to s. 1001.215(7) s. 1001.215(8) and recommend changes
2867 to the State Board of Education. Recommended changes must
2868 address identification of the characteristics of conditions such
2869 as dyslexia, implementation of evidence-based classroom
2870 instruction and interventions, including evidence-based reading
2871 instruction and interventions specifically for students with
2872 characteristics of dyslexia, and effective progress monitoring.
2873 By July 1, 2023, each school district reading endorsement add-on
2874 program must be resubmitted for approval by the department
2875 consistent with this paragraph.
2876 Section 48. Section 1012.71, Florida Statutes, is amended
2877 to read:
2878 1012.71 The Florida Teachers Classroom Supply Assistance
2879 Program.—
2880 (1) For purposes of the Florida Teachers Classroom Supply
2881 Assistance Program, the term “classroom teacher” means a
2882 certified teacher employed by a public school district or a
2883 public charter school in that district on or before September 1
2884 of each year whose full-time or job-share responsibility is the
2885 classroom instruction of students in prekindergarten through
2886 grade 12, including full-time media specialists and certified
2887 school counselors serving students in prekindergarten through
2888 grade 12, who are funded through the Florida Education Finance
2889 Program. A “job-share” classroom teacher is one of two teachers
2890 whose combined full-time equivalent employment for the same
2891 teaching assignment equals one full-time classroom teacher.
2892 (2) The amount of funds per classroom teacher for the
2893 Florida Teachers Classroom Supply Assistance Program shall be
2894 specified The Legislature, in the General Appropriations Act,
2895 shall determine funding for the Florida Teachers Classroom
2896 Supply Assistance Program. Classroom teachers shall use the
2897 funds appropriated are for classroom teachers to purchase, on
2898 behalf of the school district or charter school, classroom
2899 materials and supplies for the public school students assigned
2900 to them and may not be used to purchase equipment. The funds
2901 appropriated shall be used to supplement the materials and
2902 supplies otherwise available to classroom teachers. From the
2903 funds appropriated for the Florida Teachers Classroom Supply
2904 Assistance Program, the Commissioner of Education shall
2905 calculate an amount for each school district based upon each
2906 school district’s proportionate share of the state’s total
2907 unweighted FTE student enrollment and shall disburse the funds
2908 to the school districts by July 15.
2909 (3) From the funds allocated to each school district and
2910 any funds received from local contributions for the Florida
2911 Teachers Classroom Supply Assistance Program, the district
2912 school board shall calculate an identical amount for each
2913 classroom teacher who is estimated to be employed by the school
2914 district or a charter school in the district on September 1 of
2915 each year, which is that teacher’s proportionate share of the
2916 total amount allocated to the district from state funds and
2917 funds received from local contributions. A job-share classroom
2918 teacher may receive a prorated share of the amount provided to a
2919 full-time classroom teacher. For a classroom teachers teacher
2920 determined eligible on July 1, the district school board and
2921 each charter school board shall may provide such classroom
2922 teachers the teacher with their amount as specified in the
2923 General Appropriations Act his or her total proportionate share
2924 by August 1. For classroom teachers based on the estimate of the
2925 number of teachers who will be employed on September 1. For a
2926 classroom teacher determined eligible after July 1, the district
2927 school board and each charter school board shall provide such
2928 classroom teachers with their amount as specified in the General
2929 Appropriations Act the teacher with his or her total
2930 proportionate share by September 30. A job-share classroom
2931 teacher may receive a prorated share of the amount provided to a
2932 full-time classroom teacher The proportionate share may be
2933 provided by any means determined appropriate by the district
2934 school board or charter school board, including, but not limited
2935 to, direct deposit, check, debit card, or purchasing card. If a
2936 debit card is used, an identifier must be placed on the front of
2937 the debit card which clearly indicates that the card has been
2938 issued for the Florida Teachers Classroom Supply Assistance
2939 Program. Expenditures under the program are not subject to state
2940 or local competitive bidding requirements. Funds received by a
2941 classroom teacher do not affect wages, hours, or terms and
2942 conditions of employment and, therefore, are not subject to
2943 collective bargaining. Any classroom teacher may decline receipt
2944 of or return the funds without explanation or cause.
2945 (4) The Department of Education shall administer a
2946 competitive procurement through which eligible classroom
2947 teachers may purchase classroom materials and supplies.
2948 Annually, by September 1, each school district shall submit to
2949 the department:
2950 (a) The name of each eligible classroom teacher.
2951 (b) The proportionate share of the amount as specified in
2952 the General Appropriations Act for each eligible job-share
2953 classroom teacher.
2954 (c) The name and Master School Identification Number of the
2955 school in which the eligible classroom teacher is assigned.
2956 (d) Any other information necessary for the administration
2957 of the program as determined by the department.
2958 (5)(4) Each classroom teacher must sign a statement
2959 acknowledging receipt of the funds, keep receipts for no less
2960 than 4 years to show that funds expended meet the requirements
2961 of this section, and return any unused funds to the district
2962 school board at the end of the regular school year. Any unused
2963 funds that are returned to the district school board shall be
2964 deposited into the school advisory council account of the school
2965 at which the classroom teacher returning the funds was employed
2966 when that teacher received the funds were made available to the
2967 classroom teacher. If the school does not have a school advisory
2968 council, the funds shall be expended for classroom materials and
2969 supplies as determined by the school principal or deposited into
2970 the Florida Teachers Classroom Supply Assistance Program account
2971 of the school district in which a charter school is sponsored,
2972 as applicable.
2973 (5) The statement must be signed and dated by each
2974 classroom teacher before receipt of the Florida Teachers
2975 Classroom Supply Assistance Program funds and shall include the
2976 wording: “I, ...(name of teacher)..., am employed by the
2977 ....County District School Board or by the ....Charter School as
2978 a full-time classroom teacher. I acknowledge that Florida
2979 Teachers Classroom Supply Assistance Program funds are
2980 appropriated by the Legislature for the sole purpose of
2981 purchasing classroom materials and supplies to be used in the
2982 instruction of students assigned to me. In accepting custody of
2983 these funds, I agree to keep the receipts for all expenditures
2984 for no less than 4 years. I understand that if I do not keep the
2985 receipts, it will be my personal responsibility to pay any
2986 federal taxes due on these funds. I also agree to return any
2987 unexpended funds to the district school board at the end of the
2988 regular school year for deposit into the school advisory council
2989 account of the school where I was employed at the time I
2990 received the funds or for deposit into the Florida Teachers
2991 Classroom Supply Assistance Program account of the school
2992 district in which the charter school is sponsored, as
2993 applicable.”
2994 (6) The Department of Education and district school boards
2995 may, and are encouraged to, enter into public-private
2996 partnerships in order to increase the total amount of Florida
2997 Teachers Classroom Supply Assistance Programs funds available to
2998 classroom teachers.
2999 Section 49. Section 1012.715, Florida Statutes, is created
3000 to read:
3001 1012.715 Heroes in the classroom sign-on bonus.—
3002 (1) PURPOSE.—Subject to legislative appropriation, the
3003 Department of Education shall provide a one-time sign-on bonus,
3004 as provided in the General Appropriations Act, to honorably
3005 discharged or retired military veterans and retired first
3006 responders, as defined in s. 112.1815(1), who commit to joining
3007 the teaching profession as a full-time classroom teacher. An
3008 honorably discharged or retired military veteran or retired
3009 first responder may receive an additional bonus for teaching a
3010 course in a high-demand teacher need area, as identified by the
3011 department pursuant to paragraph (3)(e).
3012 (2) ELIGIBILITY.—To be eligible to receive a sign-on bonus,
3013 an applicant must be an honorably discharged or retired military
3014 veteran or retired first responder and provide the following to
3015 the department:
3016 (a) Documentation of his or her honorable discharge or
3017 retirement.
3018 (b) Documentation that he or she was not subject to any
3019 disciplinary action during the last 5 years of his or her
3020 employment as a servicemember in the United States Armed Forces
3021 or as a first responder. The term “disciplinary action” includes
3022 suspensions, dismissals, and involuntary demotions that were
3023 associated with disciplinary actions.
3024 (c) A copy of his or her professional certificate or
3025 temporary certificate issued pursuant to s. 1012.56(7).
3026 (d) Documentation that he or she agrees to maintain
3027 employment with the school district or charter school for a
3028 minimum of 2 consecutive school years upon receipt of the sign
3029 on bonus. An individual who accepts a sign-on bonus pursuant to
3030 this section but fails to maintain his or her employment
3031 pursuant to this paragraph must reimburse the department the
3032 amount of the sign-on bonus in a manner prescribed by the
3033 department.
3034 (3) DEPARTMENT OF EDUCATION RESPONSIBILITIES.—The
3035 department shall distribute bonuses pursuant to this section
3036 and, at a minimum, must:
3037 (a) Establish a method for determining the estimated number
3038 of eligible honorably discharged or retired military veterans
3039 and retired first responders to be hired in the applicable
3040 fiscal year.
3041 (b) Establish additional minimum criteria necessary for an
3042 individual to be eligible for a sign-on bonus.
3043 (c) Establish an estimated cost to the department for
3044 developing and administering the bonus program.
3045 (d) Establish a method for an individual to reimburse the
3046 department if he or she receives the sign-on bonus but does not
3047 maintain employment for the required consecutive 2-year period.
3048 (e) Identify courses that are in high-demand teacher need
3049 areas in which honorably discharged or retired military veterans
3050 or retired first responders may teach to be eligible for an
3051 additional bonus.
3052 (4) SCHOOL DISTRICT RESPONSIBILITIES.—A school district
3053 that employs an eligible honorably discharged or retired
3054 military veteran or retired first responder must:
3055 (a) Provide any necessary information requested by the
3056 department.
3057 (b) In a manner established by the department, notify the
3058 eligible honorably discharged or retired military veteran or
3059 retired first responder that employment may impact his or her
3060 pension from a previous employer.
3061 (5) RULEMAKING.—The State Board of Education may adopt
3062 rules to implement this section.
3063 Section 50. The Division of Law Revision is directed to
3064 revise the title of subpart D. of part I of chapter 1011,
3065 Florida Statutes, consisting of ss. 1011.55-1011.59, Florida
3066 Statutes, to read “Florida School for the Deaf and the Blind and
3067 Florida School for Competitive Academics: Preparation, Adoption,
3068 and Implementation of Budgets” to conform to the amendments made
3069 by this act.
3070 Section 51. This act shall take effect July 1, 2023.
3071
3072 ================= T I T L E A M E N D M E N T ================
3073 And the title is amended as follows:
3074 Delete everything before the enacting clause
3075 and insert:
3076 A bill to be entitled
3077 An act relating to education; amending s. 11.45, F.S.;
3078 revising the duties of the Auditor General to conform
3079 to changes made by the act; amending s. 110.1228,
3080 F.S.; conforming a cross-reference; amending s.
3081 216.251, F.S.; providing the manner of setting
3082 salaries for positions within the Florida School for
3083 Competitive Academics; amending s. 402.22, F.S.;
3084 conforming a cross-reference; amending s. 447.203,
3085 F.S.; revising the definition of the terms “public
3086 employer” or “employer” to include the Florida School
3087 for Competitive Academics for purposes of part II of
3088 ch. 447, F.S.; making technical changes; amending s.
3089 1000.04, F.S.; revising the components of the delivery
3090 of public education within the Florida Early Learning
3091 20 education system to include the Florida School for
3092 Competitive Academics; amending s. 1001.20, F.S.;
3093 revising the powers of the Department of Education’s
3094 Office of Inspector General to conform to changes made
3095 by the act; amending s. 1001.215, F.S.; revising
3096 duties of the Just Read, Florida! Office; reenacting
3097 and amending s. 1001.26(1), F.S.; requiring the
3098 department to provide funds to certain radio stations;
3099 amending s. 1001.42, F.S.; providing an exemption from
3100 collective bargaining requirements under specified
3101 circumstances; amending s. 1001.43, F.S.; authorizing
3102 district school boards to adopt policies for an
3103 enrollment fee for specified summer courses; providing
3104 fee requirements; amending s. 1002.32, F.S.; revising
3105 funding requirements for developmental research
3106 schools; conforming provisions to changes made by the
3107 act; creating s. 1002.351, F.S.; providing for the
3108 establishment of the Florida School for Competitive
3109 Academics; providing for the purpose and mission of
3110 the school; requiring the school to be included in a
3111 certain online portal; requiring the portal to include
3112 information for parents on submitting educational
3113 records for admission purposes; providing for the
3114 appointment of the board of trustees; prescribing the
3115 powers and duties of the board of trustees; providing
3116 sovereign immunity to the board of trustees;
3117 specifying the board’s duties regarding the
3118 maintenance of student and employee records; providing
3119 requirements regarding background screening of school
3120 personnel; specifying duties of the board regarding
3121 personnel; requiring the Auditor General to conduct
3122 audits of the school; authorizing the department’s
3123 Office of Inspector General to conduct investigations,
3124 as appropriate; exempting the school from specified
3125 requirements in the Florida Early Learning-20
3126 Education Code; providing exceptions; specifying
3127 applicability of certain provisions of law; amending
3128 s. 1002.37, F.S.; revising funding requirements for
3129 the Florida Virtual School; conforming provisions to
3130 changes made by the act; amending s. 1002.394, F.S.;
3131 revising funding requirements for the Family
3132 Empowerment Scholarship Program; conforming cross
3133 references and provisions to changes made by the act;
3134 amending s. 1002.45, F.S.; revising the enrollment
3135 limitation on certain students; conforming cross
3136 references and provisions to changes made by the act;
3137 amending ss. 1002.59, 1002.71, 1002.84, and 1002.89,
3138 F.S.; conforming provisions and cross-references to
3139 changes made by the act; amending s. 1002.995, F.S.;
3140 revising eligibility requirements for providing
3141 incentives to school readiness personnel; amending s.
3142 1003.03, F.S.; conforming a provision to changes made
3143 by the act; creating s. 1003.4201, F.S.; requiring
3144 school districts to implement a system of
3145 comprehensive reading instruction for specified
3146 students that includes a specified plan; providing
3147 plan requirements; providing school district and
3148 department requirements; defining the term “evidence
3149 based”; amending ss. 1003.485, 1003.621, and 1004.935,
3150 F.S.; conforming provisions and cross-references to
3151 changes made by the act; creating s. 1006.041, F.S.;
3152 requiring school districts to implement a school-based
3153 mental health assistance program for specified
3154 students that includes a specified plan; providing
3155 plan and school district requirements; amending s.
3156 1006.07, F.S.; conforming provisions to changes made
3157 by the act; amending s. 1006.1493, F.S.; requiring
3158 school districts to annually report specified
3159 information relating to the Florida Safe Schools
3160 Assessment Tool to the Office of Safe Schools;
3161 amending s. 1006.28, F.S.; requiring district school
3162 superintendents to annually certify specified
3163 information to the Commissioner of Education;
3164 exempting certain instructional materials from
3165 specified procedures; amending s. 1006.40, F.S.;
3166 revising requirements for the instructional materials
3167 allocation and the purchase of instructional
3168 materials; conforming provisions to changes made by
3169 the act; amending s. 1007.271, F.S.; requiring school
3170 districts to pay for the cost of specified
3171 instructional materials; amending ss. 1008.25 and
3172 1008.345, F.S.; conforming provisions and cross
3173 references to changes made by the act; amending s.
3174 1008.365, F.S.; revising requirements for the Reading
3175 Achievement Initiative for Scholastic Excellence
3176 Program; conforming cross-references; amending s.
3177 1010.20, F.S.; conforming cross-references; creating
3178 s. 1011.58, F.S.; prescribing procedures for the
3179 Florida School for Competitive Academics submission of
3180 legislative budget requests; requiring the school to
3181 submit an implementation plan to the department;
3182 requiring the Commissioner of Education to include the
3183 school in the department’s legislative budget request,
3184 subject to specified conditions; requiring the school
3185 to submit its fixed capital outlay request to the
3186 department; creating s. 1011.59, F.S.; prescribing
3187 procedures and requirements governing the request and
3188 the appropriation of funds for the operation of the
3189 Florida School for Competitive Academics; requiring
3190 the school’s board of trustees to develop an annual
3191 operating budget; requiring the Chief Financial
3192 Officer to transfer or reallocate funds, subject to
3193 specified conditions; requiring the board to establish
3194 authorized positions within funds appropriated to the
3195 school; providing for the carryforward of any
3196 unexpended funds; amending s. 1011.61, F.S.;
3197 conforming cross-references; amending s. 1011.62,
3198 F.S.; revising provisions relating to the Florida
3199 Education Finance Program; revising the calculation of
3200 the cost factor for secondary career education
3201 programs, the annual allocation to each school
3202 district, and the funding model for exceptional
3203 student education programs; creating the calculation
3204 of additional full-time equivalent membership for
3205 small school district exceptional student education
3206 and the small district factor; providing requirements
3207 for such calculation and factor; deleting the
3208 supplemental academic instruction allocation; renaming
3209 the “district cost differential” as the “comparable
3210 wage factor”; revising the calculation of such factor;
3211 creating the state-funded discretionary contribution;
3212 providing requirements for such contribution; creating
3213 the educational enrichment allocation and the
3214 exceptional student education guaranteed allocation;
3215 providing requirements for such allocations; deleting
3216 the categorical funds, determination of sparsity
3217 supplement, evidence-based reading instruction
3218 allocation, requirements for computation of prior year
3219 district required local effort, and turnaround school
3220 supplemental services allocation; revising the
3221 calculation of the supplemental allocation for
3222 juvenile justice education programs; revising
3223 requirements for the safe schools allocation and the
3224 mental health assistance allocation; renaming the
3225 teacher salary increase allocation as the classroom
3226 teacher and other instructional personnel salary
3227 increase; revising the requirements for such funding;
3228 creating the state-funded discretionary supplement,
3229 the categorical funds, and the educational enrollment
3230 stabilization program; providing requirements for the
3231 supplement, funds, and program; deleting the
3232 calculations for the computation of prior year
3233 district required local effort and the turnaround
3234 school supplemental services allocation; conforming
3235 provisions and cross-references to changes made by the
3236 act; amending s. 1011.622, F.S.; conforming a cross
3237 reference; repealing s. 1011.67, F.S., relating to
3238 funds for instructional materials; amending ss.
3239 1011.69, 1011.84, 1012.44, 1012.584, and 1012.586,
3240 F.S.; conforming provisions and cross-references to
3241 changes made by the act; amending s. 1012.71, F.S.;
3242 revising provisions for the calculation of Florida
3243 Teachers Classroom Supply Assistance Program funds;
3244 deleting provisions relating to the distribution of
3245 program funds; requiring the department to administer
3246 a competitive procurement through which eligible
3247 classroom teachers may purchase classroom materials
3248 and supplies; requiring school districts to provide
3249 certain information to the department annually by a
3250 specified date; deleting a requirement that classroom
3251 teachers sign a specified statement; revising
3252 requirements for unused funds; creating s. 1012.715,
3253 F.S.; requiring the department to provide a one-time
3254 sign-on bonus to honorably discharged and retired
3255 military veterans and retired first responders who
3256 join the teaching profession; providing eligibility
3257 criteria; providing for an additional bonus under
3258 certain circumstances; providing department and school
3259 district responsibilities; authorizing the State Board
3260 of Education to adopt rules; providing a directive to
3261 the Division of Law Revision; providing an effective
3262 date.