Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. HB 5101
Ì825760*Î825760
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
04/25/2023 .
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Floor: NC .
05/03/2023 11:29 AM .
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The Committee on Appropriations (Perry) recommended the
following:
1 Senate Substitute for Amendment (154606) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraphs (d) and (f) of subsection (2) of
7 section 11.45, Florida Statutes, are amended to read:
8 11.45 Definitions; duties; authorities; reports; rules.—
9 (2) DUTIES.—The Auditor General shall:
10 (d) Annually conduct financial audits of the accounts and
11 records of all district school boards in counties with
12 populations of fewer than 150,000, according to the most recent
13 federal decennial statewide census, and the Florida School for
14 the Deaf and the Blind, and the Florida School for Competitive
15 Academics.
16 (f) At least every 3 years, conduct operational audits of
17 the accounts and records of state agencies, state universities,
18 state colleges, district school boards, the Florida Clerks of
19 Court Operations Corporation, water management districts, and
20 the Florida School for the Deaf and the Blind, and the Florida
21 School for Competitive Academics.
22
23 The Auditor General shall perform his or her duties
24 independently but under the general policies established by the
25 Legislative Auditing Committee. This subsection does not limit
26 the Auditor General’s discretionary authority to conduct other
27 audits or engagements of governmental entities as authorized in
28 subsection (3).
29 Section 2. Paragraph (a) of subsection (1) of section
30 110.1228, Florida Statutes, is amended to read:
31 110.1228 Participation by small counties, small
32 municipalities, and district school boards located in small
33 counties.—
34 (1) As used in this section, the term:
35 (a) “District school board” means a district school board
36 located in a small county or a district school board that
37 receives funding pursuant to s. 1011.62(1)(f) s. 1011.62(7).
38 Section 3. Paragraph (a) of subsection (2) of section
39 216.251, Florida Statutes, is amended to read:
40 216.251 Salary appropriations; limitations.—
41 (2)(a) The salary for each position not specifically
42 indicated in the appropriations acts shall be as provided in one
43 of the following subparagraphs:
44 1. Within the classification and pay plans provided for in
45 chapter 110.
46 2. Within the classification and pay plans established by
47 the Board of Trustees for the Florida School for the Deaf and
48 the Blind of the Department of Education and approved by the
49 State Board of Education for academic and academic
50 administrative personnel.
51 3. Within the classification and pay plan approved and
52 administered by the Board of Governors or the designee of the
53 board for those positions in the State University System.
54 4. Within the classification and pay plan approved by the
55 President of the Senate and the Speaker of the House of
56 Representatives, as the case may be, for employees of the
57 Legislature.
58 5. Within the approved classification and pay plan for the
59 judicial branch.
60 6. Within the classification and pay plans established by
61 the Board of Trustees for the Florida School for Competitive
62 Academics of the Department of Education and approved by the
63 State Board of Education for academic and academic
64 administrative personnel.
65 Section 4. Subsection (6) of section 402.22, Florida
66 Statutes, is amended to read:
67 402.22 Education program for students who reside in
68 residential care facilities operated by the Department of
69 Children and Families or the Agency for Persons with
70 Disabilities.—
71 (6) Notwithstanding the provisions of s. 1001.42(4)(m), the
72 educational program at the Marianna Sunland Center in Jackson
73 County shall be operated by the Department of Education, either
74 directly or through grants or contractual agreements with other
75 public educational agencies. The annual state allocation to any
76 such agency shall be computed pursuant to s. 1011.62(1), (2),
77 and (17) (6) and allocated in the amount that would have been
78 provided the local school district in which the residential
79 facility is located.
80 Section 5. Subsection (2) of section 447.203, Florida
81 Statutes, is amended to read:
82 447.203 Definitions.—As used in this part:
83 (2) “Public employer” or “employer” means the state or any
84 county, municipality, or special district or any subdivision or
85 agency thereof which the commission determines has sufficient
86 legal distinctiveness properly to carry out the functions of a
87 public employer. With respect to all public employees determined
88 by the commission as properly belonging to a statewide
89 bargaining unit composed of State Career Service System
90 employees or Selected Professional Service employees, the
91 Governor is shall be deemed to be the public employer; and the
92 Board of Governors of the State University System, or the
93 board’s designee, is shall be deemed to be the public employer
94 with respect to all public employees of each constituent state
95 university. The board of trustees of a community college is
96 shall be deemed to be the public employer with respect to all
97 employees of the community college. The district school board is
98 shall be deemed to be the public employer with respect to all
99 employees of the school district. The Board of Trustees of the
100 Florida School for the Deaf and the Blind is shall be deemed to
101 be the public employer with respect to the academic and academic
102 administrative personnel of the Florida School for the Deaf and
103 the Blind. The Board of Trustees of the Florida School for
104 Competitive Academics is deemed to be the public employer with
105 respect to the academic and academic administrative personnel of
106 the Florida School for Competitive Academics. The Governor is
107 shall be deemed to be the public employer with respect to all
108 employees in the Correctional Education Program of the
109 Department of Corrections established pursuant to s. 944.801.
110 Section 6. Subsection (6) is added to section 1000.04,
111 Florida Statutes, to read:
112 1000.04 Components for the delivery of public education
113 within the Florida Early Learning-20 education system.—Florida’s
114 Early Learning-20 education system provides for the delivery of
115 early learning and public education through publicly supported
116 and controlled K-12 schools, Florida College System
117 institutions, state universities and other postsecondary
118 educational institutions, other educational institutions, and
119 other educational services as provided or authorized by the
120 Constitution and laws of the state.
121 (6) THE FLORIDA SCHOOL FOR COMPETITIVE ACADEMICS.—The
122 Florida School for Competitive Academics is a component of the
123 delivery of public education within Florida’s Early Learning-20
124 education system.
125 Section 7. Paragraph (e) of subsection (4) of section
126 1001.20, Florida Statutes, is amended to read:
127 1001.20 Department under direction of state board.—
128 (4) The Department of Education shall establish the
129 following offices within the Office of the Commissioner of
130 Education which shall coordinate their activities with all other
131 divisions and offices:
132 (e) Office of Inspector General.—Organized using existing
133 resources and funds and responsible for promoting
134 accountability, efficiency, and effectiveness and detecting
135 fraud and abuse within school districts, the Florida School for
136 the Deaf and the Blind, the Florida School for Competitive
137 Academics, and Florida College System institutions in Florida.
138 If the Commissioner of Education determines that a district
139 school board, the Board of Trustees for the Florida School for
140 the Deaf and the Blind, the Board of Trustees for the Florida
141 School for Competitive Academics, or a Florida College System
142 institution board of trustees is unwilling or unable to address
143 substantiated allegations made by any person relating to waste,
144 fraud, or financial mismanagement within the school district,
145 the Florida School for the Deaf and the Blind, the Florida
146 School for Competitive Academics, or the Florida College System
147 institution, the office must shall conduct, coordinate, or
148 request investigations into such substantiated allegations. The
149 office shall investigate allegations or reports of possible
150 fraud or abuse against a district school board made by any
151 member of the Cabinet; the presiding officer of either house of
152 the Legislature; a chair of a substantive or appropriations
153 committee with jurisdiction; or a member of the board for which
154 an investigation is sought. The office shall have access to all
155 information and personnel necessary to perform its duties and
156 shall have all of its current powers, duties, and
157 responsibilities authorized in s. 20.055.
158 Section 8. Subsections (8) through (12) of section
159 1001.215, Florida Statutes, are renumbered as subsections (7)
160 through (11), respectively, and subsections (1), (3), (4), and
161 (6) and present subsection (7) of that section are amended, to
162 read:
163 1001.215 Just Read, Florida! Office.—There is created in
164 the Department of Education the Just Read, Florida! Office. The
165 office is fully accountable to the Commissioner of Education and
166 shall:
167 (1) Provide training to reading coaches and school
168 administrators on the evidence-based strategies identified
169 pursuant to subsection (7) (8) for purposes of implementation,
170 modeling, and classroom observations to support professional
171 growth and inform performance evaluations of instructional
172 personnel.
173 (3) Work with the Lastinger Center for Learning at the
174 University of Florida to develop training for K-12 teachers,
175 reading coaches, and school administrators on effective content
176 area-specific reading strategies; the coordinated integration of
177 content-rich curriculum from other core subject areas into
178 reading instruction, with an emphasis on civic literacy; and
179 evidence-based reading strategies identified pursuant to
180 subsection (7) (8) to improve student reading performance. For
181 secondary teachers, emphasis shall be on technical text. These
182 strategies must be developed for all content areas in the K-12
183 curriculum.
184 (4) Develop and provide access to sequenced, content-rich
185 curriculum programming, instructional practices, and resources
186 that help elementary schools use state-adopted instructional
187 materials to increase students’ background knowledge and
188 literacy skills, including student attainment of the Next
189 Generation Sunshine State Standards for social studies, science,
190 and the arts. The office shall, as part of the adoption cycle
191 for English Language Arts instructional materials, assist in
192 evaluating elementary grades instructional materials submitted
193 for adoption consideration in order to identify those materials
194 that are closely aligned to the content and evidence-based
195 strategies identified pursuant to subsection (7) (8) and
196 incorporate professional development to implement such
197 strategies.
198 (6) Provide technical assistance to school districts in the
199 development and implementation of district plans required under
200 s. 1003.4201 for use of the evidence-based reading instruction
201 allocation provided in s. 1011.62(8) and annually review and
202 approve such plans.
203 (7) Review, evaluate, and provide technical assistance to
204 school districts’ implementation of the comprehensive reading
205 plan required in s. 1011.62(8).
206 Section 9. Notwithstanding the expiration date in section 8
207 of chapter 2022-157, Laws of Florida, subsection (1) of section
208 1001.26, Florida Statutes, is reenacted and amended to read:
209 1001.26 Public broadcasting program system.—
210 (1) There is created a public broadcasting program system
211 for the state. The department shall provide funds, as
212 specifically appropriated in the General Appropriations Act, to
213 educational television and radio stations qualified by the
214 Corporation for Public Broadcasting or public colleges and
215 universities that are part of the public broadcasting program
216 system. The program system must include:
217 (a) Support for existing Corporation for Public
218 Broadcasting qualified program system educational television
219 stations.
220 (b) Maintenance of quality broadcast capability for
221 educational stations that are part of the program system.
222 (c) Interconnection of all educational stations that are
223 part of the program system for simultaneous broadcast and of
224 such stations with all universities and other institutions as
225 necessary for sharing of resources and delivery of programming.
226 (d) Establishment and maintenance of a capability for
227 statewide program distribution with facilities and staff,
228 provided such facilities and staff complement and strengthen
229 existing educational television stations.
230 (e) Provision of both statewide programming funds and
231 station programming support for educational television to meet
232 statewide priorities. Priorities for station programming need
233 not be the same as priorities for programming to be used
234 statewide. Station programming may include, but shall not be
235 limited to, citizens’ participation programs, music and fine
236 arts programs, coverage of public hearings and governmental
237 meetings, equal air time for political candidates, and other
238 public interest programming.
239 Section 10. Subsection (21) of section 1001.42, Florida
240 Statutes, is amended to read:
241 1001.42 Powers and duties of district school board.—The
242 district school board, acting as a board, shall exercise all
243 powers and perform all duties listed below:
244 (21) EDUCATIONAL EMERGENCY.—Negotiate special provisions of
245 its contract with the appropriate bargaining units To free
246 schools with a school grade of “D” or “F” from contract
247 restrictions that limit the school’s ability to implement
248 programs and strategies needed to improve student performance, a
249 district school board may adopt salary incentives or other
250 strategies that address. The negotiations shall result in a
251 memorandum of understanding that addresses the selection,
252 placement, compensation, and expectations of instructional
253 personnel and provide provides principals with the autonomy
254 described in s. 1012.28(8). For purposes of this subsection, an
255 educational emergency exists in a school district if one or more
256 schools in the district have a school grade of “D” or “F.”
257 Notwithstanding chapter 447, relating to collective bargaining,
258 a district school board may:
259 (a) Provide salary incentives that differentiate based on a
260 teacher’s certification, subject area taught, or grade level
261 taught. Such incentives are not subject to collective bargaining
262 requirements.
263 (b) Notwithstanding s. 1012.2315, relating to assignment of
264 teachers, adopt strategies to assign high-quality teachers more
265 equitably across schools in the district to low-performing
266 schools as a management right. Such strategies are not subject
267 to collective bargaining requirements.
268 Section 11. Paragraph (h) is added to subsection (2) of
269 section 1001.43, Florida Statutes, to read:
270 1001.43 Supplemental powers and duties of district school
271 board.—The district school board may exercise the following
272 supplemental powers and duties as authorized by this code or
273 State Board of Education rule.
274 (2) FISCAL MANAGEMENT.—The district school board may adopt
275 policies providing for fiscal management of the school district
276 with respect to school purchasing, facilities, nonstate revenue
277 sources, budgeting, fundraising, and other activities relating
278 to the fiscal management of district resources, including, but
279 not limited to, the policies governing:
280 (h) Assessment of a kindergarten through grade 12 student
281 fee for voluntary, noncredit summer school enrollment in basic
282 program courses. The amount of any student fee shall be based on
283 the ability of the student to pay such fee as determined by
284 district school board policy.
285 Section 12. Paragraphs (e) through (h) of subsection (9) of
286 section 1002.32, Florida Statutes, are redesignated as
287 paragraphs (d) through (g), respectively, and present paragraphs
288 (a) and (d) of that subsection are amended, to read:
289 1002.32 Developmental research (laboratory) schools.—
290 (9) FUNDING.—Funding for a lab school, including a charter
291 lab school, shall be provided as follows:
292 (a) Each lab school shall receive state funds for operating
293 purposes as provided in be allocated its proportional share of
294 operating funds from the Florida Education Finance Program as
295 defined provided in s. 1011.61(5) s. 1011.62 based on the county
296 in which the lab school is located and as specified in the
297 General Appropriations Act.
298 1. The nonvoted required local effort millage established
299 pursuant to s. 1011.71(1) ad valorem millage that would
300 otherwise be required for lab schools shall be allocated from
301 state funds.
302 2. An equivalent amount of funds for the operating
303 discretionary millage authorized pursuant to s. 1011.71(1) shall
304 be allocated to each lab school through a state-funded
305 discretionary contribution established pursuant to s. 1011.62(6)
306 The required local effort funds calculated pursuant to s.
307 1011.62 shall be allocated from state funds to the schools as a
308 part of the allocation of operating funds pursuant to s.
309 1011.62. Each eligible lab school in operation as of September
310 1, 2013, with a permanent high school center shall also receive
311 a proportional share of the sparsity supplement as calculated
312 pursuant to s. 1011.62. In addition, each lab school shall
313 receive its proportional share of all categorical funds, with
314 the exception of s. 1011.68, and new categorical funds enacted
315 after July 1, 1994, for the purpose of elementary or secondary
316 academic program enhancement. The sum of funds available as
317 provided in this paragraph shall be included annually in the
318 Florida Education Finance Program and appropriate categorical
319 programs funded in the General Appropriations Act.
320 (d) Each lab school shall receive funds for operating
321 purposes in an amount determined as follows: multiply the
322 maximum allowable nonvoted discretionary millage for operations
323 pursuant to s. 1011.71(1) and (3) by the value of 96 percent of
324 the current year’s taxable value for school purposes for the
325 district in which each lab school is located; divide the result
326 by the total full-time equivalent membership of the district;
327 and multiply the result by the full-time equivalent membership
328 of the lab school. The amount thus obtained shall be
329 discretionary operating funds and shall be appropriated from
330 state funds in the General Appropriations Act to the Lab School
331 Trust Fund.
332 Section 13. Section 1002.351, Florida Statutes, is created
333 to read:
334 1002.351 The Florida School for Competitive Academics.—
335 (1) ESTABLISHMENT.—There is established the Florida School
336 for Competitive Academics. The school shall be located in
337 Alachua County and is a state-supported public school for
338 Florida residents in grades 6-12. The primary purpose of the
339 school is to provide a rigorous academic curriculum, and the
340 secondary purpose is to prepare students for regional, state,
341 and national academic competitions in all areas of study,
342 including, but not limited to, science, technology, engineering,
343 and mathematics. The school may admit students in grades 6-12
344 beginning in the 2024-2025 school year.
345 (2) MISSION.—
346 (a) The mission of the Florida School for Competitive
347 Academics is to provide students who meet selective admissions
348 requirements an environment that will foster high academic
349 engagement and advanced understanding of subject areas, develop
350 productive work habits, build resiliency, connect students with
351 industry leaders, and promote civic leadership.
352 (b) To assist in the recruitment of students, the Florida
353 School for Competitive Academics must be included in the school
354 choice online portal established under s. 1001.10(10). The
355 portal must include information about the opportunity for
356 parents to submit their child’s educational records to the
357 Florida School for Competitive Academics for consideration for
358 admission.
359 (3) BOARD OF TRUSTEES.—
360 (a)1. The Florida School for Competitive Academics shall be
361 governed by a board of trustees composed of seven members
362 appointed by the Governor to 4-year terms and confirmed by the
363 Senate. For purposes of staggering terms, four members,
364 including the chair as designated by the Governor, shall be
365 appointed to 4-year terms beginning July 1, 2023, and three
366 members shall be appointed to 2-year terms beginning July 1,
367 2023. After the initial 4-year term, the chair shall be elected
368 by the board.
369 2. No more than one employee of the school may serve on the
370 board of trustees as a member or as chair.
371 (b) Members of the board of trustees shall serve without
372 compensation, but may be reimbursed for per diem and travel
373 expenses pursuant to s. 112.061.
374 (c) The board of trustees is a public agency entitled to
375 sovereign immunity pursuant to s. 768.28, and board members are
376 public officers who bear fiduciary responsibility for the
377 Florida School for Competitive Academics.
378 (d) The board of trustees is a body corporate with all the
379 powers of a body corporate and with such authority as is needed
380 for the proper operation and improvement of the Florida School
381 for Competitive Academics. Title to any gift, donation, or
382 bequest received by the board of trustees must vest in the board
383 of trustees. Title to all other property and other assets of the
384 Florida School for Competitive Academics must vest in the State
385 Board of Education, but the board of trustees has complete
386 jurisdiction over the management of the school.
387 (e) The board of trustees has the full power and authority
388 to:
389 1. Adopt rules pursuant to ss. 120.536(1) and 120.54 to
390 implement provisions of law relating to operation of the Florida
391 School for Competitive Academics. Such rules must be submitted
392 to the State Board of Education for approval or disapproval.
393 After a rule is approved by the State Board of Education, the
394 rule must be filed immediately with the Department of State. The
395 board of trustees shall act at all times in conjunction with the
396 rules of the State Board of Education.
397 2. Appoint a principal, administrators, teachers, and other
398 employees.
399 3. Remove principals, administrators, teachers, and other
400 employees at the board’s discretion.
401 4. Determine eligibility of students and procedures for
402 admission.
403 5. Provide for the proper keeping of accounts and records
404 and for budgeting of funds.
405 6. Receive gifts, donations, and bequests of money or
406 property, real or personal, tangible or intangible, from any
407 person, firm, corporation, or other legal entity for the use and
408 benefit of the school.
409 7. Recommend to the Legislature for the school to become a
410 residential public school.
411 8. Do and perform every other matter or thing requisite to
412 the proper management, maintenance, support, and control of the
413 school at the highest efficiency economically possible.
414 (f) The board of trustees shall:
415 1. Prepare and submit legislative budget requests for
416 operations and fixed capital outlay, in accordance with chapter
417 216 and ss. 1011.56 and 1013.60, to the Department of Education
418 for review and approval. The department must analyze the amount
419 requested for fixed capital outlay to determine if the request
420 is consistent with the school’s campus master plan, educational
421 plant survey, and facilities master plan.
422 2. Approve and administer an annual operating budget in
423 accordance with ss. 1011.56 and 1011.57.
424 3. Require all purchases to be in accordance with chapter
425 287 except for purchases made with funds received as gifts,
426 donations, or bequests or funds raised by or belonging to
427 student clubs or student organizations.
428 4. Administer and maintain personnel programs for all
429 employees of the board of trustees and the Florida School for
430 Competitive Academics, who shall be school employees, including
431 the personnel.
432 5. Ensure that the Florida School for Competitive Academics
433 complies with s. 1013.351 concerning the coordination of
434 planning between the Florida School for Competitive Academics
435 and local governing bodies.
436 6. Ensure that the Florida School for Competitive Academics
437 complies with s. 112.061 concerning per diem and travel
438 expenses.
439 7. Adopt a master plan that specifies the objectives of the
440 Florida School for Competitive Academics. The plan must be for a
441 period of 5 years and must be reviewed for needed modifications
442 every 2 years. The board of trustees shall submit the initial
443 plan and subsequent modifications to the President of the Senate
444 and the Speaker of the House of Representatives.
445 (4) STUDENT AND EMPLOYEE RECORDS.—The board of trustees
446 shall provide for the content and custody of student and
447 employee personnel records. Student records are subject to s.
448 1002.22. Employee records are subject to s. 1012.31.
449 (5) PERSONNEL.—
450 (a) The Florida School for Competitive Academics Board of
451 Trustees shall require all employees and applicants for
452 employment to undergo background screening as provided in s.
453 1012.32 as a condition of employment and continued employment.
454 Members of the board of trustees must also undergo background
455 screening in accordance with the relevant provisions of s.
456 1012.32. An individual may not be employed as an employee or
457 contract personnel of the school or serve as a member of the
458 board of trustees if the individual is on the disqualification
459 list maintained by the department pursuant to s. 1001.10(4)(b).
460 (b) In accordance with law and rules of the State Board of
461 Education, the board of trustees shall administer and maintain
462 personnel programs for all employees of the board of trustees
463 and the Florida School for Competitive Academics. The board of
464 trustees may adopt rules, policies, and procedures related to
465 the appointment, employment, and removal of personnel.
466 1. The board of trustees shall determine the compensation,
467 including salaries and fringe benefits, and other conditions of
468 employment for such personnel.
469 2. Classroom teachers employed by the school must be
470 certified pursuant to chapter 1012.
471 3. Each person employed by the board of trustees in an
472 academic, administrative, or instructional capacity with the
473 Florida School for Competitive Academics is entitled to a
474 contract as provided by rules of the board of trustees.
475 4. All employees, except temporary, seasonal, and student
476 employees, may be provided Florida Retirement System benefits
477 from the school through operational costs.
478 (6) FUNDING.—
479 (a) The Florida School for Competitive Academics shall
480 receive state funds for operating purposes as provided in the
481 General Appropriations Act.
482 (b) In addition to the funds provided in the General
483 Appropriations Act, the Florida School for Competitive Academics
484 may receive other funds from grants and donations.
485 (7) AUDITS.—The Auditor General shall conduct audits of the
486 accounts and records of the Florida School for Competitive
487 Academics as provided in s. 11.45. The Department of Education’s
488 Inspector General is authorized to conduct investigations at the
489 school as provided in s. 1001.20(4)(e).
490 (8) EXEMPTION FROM STATUTES.—
491 (a) The Florida School for Competitive Academics is exempt
492 from all statutes in chapters 1000-1013. However, the Florida
493 School for Competitive Academics shall be in compliance with the
494 following statutes in chapters 1000-1013:
495 1. This section.
496 2. Those statutes pertaining to the student assessment
497 program and school grading system.
498 3. Those statutes pertaining to the provision of services
499 to students with disabilities.
500 4. Those statutes pertaining to civil rights, including,
501 but not limited to, s. 1000.05, relating to discrimination.
502 5. Those statutes pertaining to student health, safety, and
503 welfare.
504 (b) Additionally, the Florida School for Competitive
505 Academics shall be in compliance with the following statutes:
506 1. Section 286.011, relating to public meetings and
507 records, public inspection, and criminal and civil penalties.
508 2. Chapter 119, relating to public records.
509 3. Section 1006.12, relating to safe-school officers.
510 4. Section 1006.07(7), relating to threat assessment teams.
511 5. Section 1006.07(9), relating to school environmental
512 safety incident reporting.
513 6. Section 1006.07(10), relating to reporting of
514 involuntary examinations.
515 7. Section 1006.1493, relating to the Florida Safe Schools
516 Assessment Tool.
517 8. Section 1006.07(6)(d), relating to adopting active
518 assailant response plans.
519 9. Section 943.082(4)(b), relating to the mobile suspicious
520 activity reporting tool.
521 10. Section 1012.584, relating to youth mental health
522 awareness and assistance training.
523 11. Section 1003.4282, relating to requirements for a
524 standard high school diploma.
525 12. Section 1003.03(1), relating to class size maximums.
526 13.a. Section 1011.61, relating to instructional hours
527 requirements.
528 b. Notwithstanding sub-subparagraph a., the school may
529 provide instruction that exceeds the minimum time requirements
530 for the purposes of offering a summer program.
531 (c) For purposes of this subsection:
532 1. The duties assigned to a district school superintendent
533 apply to the director of the Florida School for Competitive
534 Academics.
535 2. The duties assigned to a district school board apply to
536 the board of trustees.
537 Section 14. Paragraphs (e) and (f) of subsection (3) of
538 section 1002.37, Florida Statutes, are amended to read:
539 1002.37 The Florida Virtual School.—
540 (3) Funding for the Florida Virtual School shall be
541 provided as follows:
542 (e) The comparable wage factor district cost differential
543 as provided in s. 1011.62(2) shall be established as 1.000.
544 (f) The Florida Virtual School shall receive state funds
545 for operating purposes as provided in the General Appropriations
546 Act. The calculation to determine the amount of state funds
547 includes: the sum of the basic amount for current operations
548 established in s. 1011.62(1)(s), the discretionary millage
549 compression supplement established in s. 1011.62(5) base Florida
550 Education Finance Program funding, the state-funded
551 discretionary contribution established in s. 1011.62(6), and a
552 per-full-time equivalent share of the discretionary millage
553 compression supplement, the exceptional student education
554 guaranteed allocation established in s. 1011.62(8), and the
555 mental health assistance allocation established in s.
556 1011.62(13) the instructional materials allocation, the
557 evidence-based reading instruction allocation, the mental health
558 assistance allocation, and the teacher salary increase
559 allocation. For the purpose of calculating the state-funded
560 discretionary contribution, multiply the maximum allowable
561 nonvoted discretionary millage for operations pursuant to s.
562 1011.71(1) and (3) by the value of 96 percent of the current
563 year’s taxable value for school purposes for the state; divide
564 the result by the total full-time equivalent membership of the
565 state; and multiply the result by the full-time equivalent
566 membership of the school. Funds may not be provided for the
567 purpose of fulfilling the class size requirements in ss. 1003.03
568 and 1011.685.
569 Section 15. Subsection (12) of section 1002.394, Florida
570 Statutes, as amended by chapter 2023-16, Laws of Florida, is
571 amended to read:
572 1002.394 The Family Empowerment Scholarship Program.—
573 (12) SCHOLARSHIP FUNDING AND PAYMENT.—
574 (a)1. Scholarships for students determined eligible
575 pursuant to paragraph (3)(a) may be funded once all scholarships
576 have been funded in accordance with s. 1002.395(6)(l)2. The
577 calculated scholarship amount for a participating student
578 determined eligible pursuant to paragraph (3)(a) shall be based
579 upon the grade level and school district in which the student
580 was assigned as 100 percent of the funds per unweighted full
581 time equivalent in the Florida Education Finance Program for a
582 student in the basic program established pursuant to s.
583 1011.62(1)(c)1., plus a per-full-time equivalent share of funds
584 for the all categorical programs established in s. 1011.62(5),
585 (7)(a), and (16), as funded in the General Appropriations Act,
586 except for the exceptional student education guaranteed
587 allocation established pursuant to s. 1011.62(1)(e).
588 2. A scholarship of $750 or an amount equal to the school
589 district expenditure per student riding a school bus, as
590 determined by the department, whichever is greater, may be
591 awarded to an eligible student who is enrolled in a Florida
592 public school that is different from the school to which the
593 student was assigned or in a lab school as defined in s. 1002.32
594 if the school district does not provide the student with
595 transportation to the school.
596 3. The organization must provide the department with the
597 documentation necessary to verify the student’s participation.
598 Upon receiving the documentation, the department shall transfer,
599 beginning August 1, from state funds only, the amount calculated
600 pursuant to subparagraph 2. to the organization for quarterly
601 disbursement to parents of participating students each school
602 year in which the scholarship is in force. For a student exiting
603 a Department of Juvenile Justice commitment program who chooses
604 to participate in the scholarship program, the amount of the
605 Family Empowerment Scholarship calculated pursuant to
606 subparagraph 2. must be transferred from the school district in
607 which the student last attended a public school before
608 commitment to the Department of Juvenile Justice. When a student
609 enters the scholarship program, the organization must receive
610 all documentation required for the student’s participation,
611 including the private school’s and the student’s fee schedules,
612 at least 30 days before the first quarterly scholarship payment
613 is made for the student.
614 4. The initial payment shall be made after the
615 organization’s verification of admission acceptance, and
616 subsequent payments shall be made upon verification of continued
617 enrollment and attendance at the private school. Payment must be
618 by funds transfer or any other means of payment that the
619 department deems to be commercially viable or cost-effective. An
620 organization shall ensure that the parent has approved a funds
621 transfer before any scholarship funds are deposited.
622 5. An organization may not transfer any funds to an account
623 of a student determined eligible pursuant to paragraph (3)(a)
624 which has a balance in excess of $24,000.
625 (b)1. Scholarships for students determined eligible
626 pursuant to paragraph (3)(b) are established for up to 26,500
627 students annually beginning in the 2022-2023 school year.
628 Beginning in the 2023-2024 school year, the maximum number of
629 students participating in the scholarship program under this
630 section shall annually increase by 3.0 percent of the state’s
631 total exceptional student education full-time equivalent student
632 membership, not including gifted students. An eligible student
633 who meets any of the following requirements shall be excluded
634 from the maximum number of students if the student:
635 a. Received specialized instructional services under the
636 Voluntary Prekindergarten Education Program pursuant to s.
637 1002.66 during the previous school year and the student has a
638 current IEP developed by the district school board in accordance
639 with rules of the State Board of Education;
640 b. Is a dependent child of a law enforcement officer or a
641 member of the United States Armed Forces, a foster child, or an
642 adopted child; or
643 c. Spent the prior school year in attendance at a Florida
644 public school or the Florida School for the Deaf and the Blind.
645 For purposes of this subparagraph, the term “prior school year
646 in attendance” means that the student was enrolled and reported
647 by:
648 (I) A school district for funding during either the
649 preceding October or February full-time equivalent student
650 membership surveys in kindergarten through grade 12, which
651 includes time spent in a Department of Juvenile Justice
652 commitment program if funded under the Florida Education Finance
653 Program;
654 (II) The Florida School for the Deaf and the Blind during
655 the preceding October or February full-time equivalent student
656 membership surveys in kindergarten through grade 12;
657 (III) A school district for funding during the preceding
658 October or February full-time equivalent student membership
659 surveys, was at least 4 years of age when enrolled and reported,
660 and was eligible for services under s. 1003.21(1)(e); or
661 (IV) Received a John M. McKay Scholarship for Students with
662 Disabilities in the 2021-2022 school year.
663 2. For a student who has a Level I to Level III matrix of
664 services or a diagnosis by a physician or psychologist, the
665 calculated scholarship amount for a student participating in the
666 program must be based upon the grade level and school district
667 in which the student would have been enrolled as the total funds
668 per unweighted full-time equivalent in the Florida Education
669 Finance Program for a student in the basic exceptional student
670 education program pursuant to s. 1011.62(1)(c) and (d) s.
671 1011.62(1)(c)1. and (e)1.c., plus a per full-time equivalent
672 share of funds for the all categorical programs established in
673 s. 1011.62(5), (7)(a), (8), and (16), as funded in the General
674 Appropriations Act. For the categorical program established, as
675 funded in the General Appropriations Act, except that for the
676 exceptional student education guaranteed allocation, as provided
677 in s. 1011.62(8) s. 1011.62(1)(e)1.c. and 2., the funds must be
678 allocated based on the school district’s average exceptional
679 student education guaranteed allocation funds per exceptional
680 student education full-time equivalent student.
681 3. For a student with a Level IV or Level V matrix of
682 services, the calculated scholarship amount must be based upon
683 the school district to which the student would have been
684 assigned as the total funds per full-time equivalent for the
685 Level IV or Level V exceptional student education program
686 pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
687 equivalent share of funds for the all categorical programs
688 established in s. 1011.62(5), (7)(a), and (16), as funded in the
689 General Appropriations Act.
690 4. For a student who received a Gardiner Scholarship
691 pursuant to s. 1002.385 in the 2020-2021 school year, the amount
692 shall be the greater of the amount calculated pursuant to
693 subparagraph 2. or the amount the student received for the 2020
694 2021 school year.
695 5. For a student who received a John M. McKay Scholarship
696 pursuant to s. 1002.39 in the 2020-2021 school year, the amount
697 shall be the greater of the amount calculated pursuant to
698 subparagraph 2. or the amount the student received for the 2020
699 2021 school year.
700 6. The organization must provide the department with the
701 documentation necessary to verify the student’s participation.
702 7. Upon receiving the documentation, the department shall
703 release, from state funds only, the student’s scholarship funds
704 to the organization, to be deposited into the student’s account
705 in four equal amounts no later than September 1, November 1,
706 February 1, and April 1 of each school year in which the
707 scholarship is in force.
708 8. Accrued interest in the student’s account is in addition
709 to, and not part of, the awarded funds. Program funds include
710 both the awarded funds and accrued interest.
711 9. The organization may develop a system for payment of
712 benefits by funds transfer, including, but not limited to, debit
713 cards, electronic payment cards, or any other means of payment
714 which the department deems to be commercially viable or cost
715 effective. A student’s scholarship award may not be reduced for
716 debit card or electronic payment fees. Commodities or services
717 related to the development of such a system must be procured by
718 competitive solicitation unless they are purchased from a state
719 term contract pursuant to s. 287.056.
720 10. An organization may not transfer any funds to an
721 account of a student determined to be eligible pursuant to
722 paragraph (3)(b) which has a balance in excess of $50,000.
723 11. Moneys received pursuant to this section do not
724 constitute taxable income to the qualified student or the parent
725 of the qualified student.
726 Section 16. Paragraph (e) of subsection (1) and paragraph
727 (b) of subsection (6) of section 1002.45, Florida Statutes, are
728 amended to read:
729 1002.45 Virtual instruction programs.—
730 (1) PROGRAM.—
731 (e) Each school district shall:
732 1. Provide to the department by each October 1, a copy of
733 each contract and the amount paid per unweighted full-time
734 equivalent virtual student for services procured pursuant to
735 subparagraphs (c)1. and 2.
736 2. Expend any difference in the amount of funds per
737 unweighted full-time equivalent virtual student allocated to the
738 school district pursuant to subsection (6) and the amount paid
739 per unweighted full-time equivalent virtual student by the
740 school district for a contract executed pursuant to subparagraph
741 (c)1. or subparagraph (c)2. on acquiring computer and device
742 hardware and associated operating system software that comply
743 with the requirements of s. 1001.20(4)(a)1.b.
744 3. Provide to the department by September 1 of each year an
745 itemized list of items acquired in subparagraph 2.
746 4. Limit the enrollment of full-time equivalent virtual
747 students residing outside of the school district providing the
748 virtual instruction pursuant to paragraph (c) to no more than
749 those that can be funded from state Florida Education Finance
750 Program funds 50 percent of the total enrolled full-time
751 equivalent virtual students residing inside the school district
752 providing the virtual instruction. This subparagraph applies to
753 any virtual instruction contract or agreement that is entered
754 into for the first time after June 30, 2021. However, a school
755 district may not enroll more full-time equivalent virtual
756 students residing outside of the school district than the total
757 number of reported full-time equivalent students residing inside
758 the school district.
759 (6) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
760 FUNDING.—
761 (b) Students enrolled in a virtual instruction program
762 shall be funded in the Florida Education Finance Program as
763 provided in the General Appropriations Act. The calculation to
764 determine the amount of funds for each student through the
765 Florida Education Finance Program shall include the sum of the
766 basic amount for current operations established in base Florida
767 Education Finance Program pursuant to s. 1011.62(1)(s) and all
768 categorical programs except for the categorical programs
769 established in ss. 1011.62(7), (12), and (14), 1011.68, and
770 1011.685 pursuant to ss. 1011.62(1)(f), (7), and (13); 1011.68;
771 1011.685; and 1012.71. Students residing outside of the school
772 district reporting the full-time equivalent virtual student
773 shall be funded from state funds only.
774 Section 17. Subsection (1) of section 1002.59, Florida
775 Statutes, is amended to read:
776 1002.59 Emergent literacy and performance standards
777 training courses.—
778 (1) The department, in collaboration with the Just Read,
779 Florida! Office, shall adopt minimum standards for courses in
780 emergent literacy for prekindergarten instructors. Each course
781 must comprise 5 clock hours and provide instruction in
782 strategies and techniques to address the age-appropriate
783 progress of prekindergarten students in developing emergent
784 literacy skills, including oral communication, knowledge of
785 print and letters, phonological and phonemic awareness, and
786 vocabulary and comprehension development, consistent with the
787 evidence-based content and strategies identified pursuant to s.
788 1001.215(7) s. 1001.215(8). The course standards must be
789 reviewed as part of any review of subject coverage or
790 endorsement requirements in the elementary, reading, and
791 exceptional student educational areas conducted pursuant to s.
792 1012.586. Each course must also provide resources containing
793 strategies that allow students with disabilities and other
794 special needs to derive maximum benefit from the Voluntary
795 Prekindergarten Education Program. Successful completion of an
796 emergent literacy training course approved under this section
797 satisfies requirements for approved training in early literacy
798 and language development under ss. 402.305(2)(e)5., 402.313(6),
799 and 402.3131(5).
800 Section 18. Paragraph (b) of subsection (3) of section
801 1002.71, Florida Statutes, is amended to read:
802 1002.71 Funding; financial and attendance reporting.—
803 (3)
804 (b) Each county’s allocation per full-time equivalent
805 student in the Voluntary Prekindergarten Education Program shall
806 be calculated annually by multiplying the base student
807 allocation provided in the General Appropriations Act by the
808 county’s comparable wage factor district cost differential
809 provided in s. 1011.62(2). Each private prekindergarten provider
810 and public school shall be paid in accordance with the county’s
811 allocation per full-time equivalent student.
812 Section 19. Paragraph (a) of subsection (17) of section
813 1002.84, Florida Statutes, is amended to read:
814 1002.84 Early learning coalitions; school readiness powers
815 and duties.—Each early learning coalition shall:
816 (17)(a) Distribute the school readiness program funds as
817 allocated in the General Appropriations Act to the eligible
818 providers using the following methodology:
819 1. For each county in the early learning coalition,
820 multiply the cost of care by care level as provided in s.
821 1002.90 by the county’s comparable wage factor district cost
822 differential provided in s. 1011.62(2).
823 2. If a county enacted a local ordinance before January 1,
824 2022, that establishes the county’s staff-to-children ratio for
825 licensed child care facilities below the ratio established in s.
826 402.305(4), multiply the provider reimbursement rates for that
827 county by the adjustment factor specified in the General
828 Appropriations Act.
829 3. Apply the weight established pursuant to s. 1002.90 for
830 each provider type to calculate the minimum provider
831 reimbursement rates by care level.
832 4. Multiply the weighted provider reimbursement rates by 22
833 percent to determine the amount of the school readiness
834 allocation an early learning coalition is eligible to retain
835 pursuant to s. 1002.89(4).
836
837 Each early learning coalition with approved minimum provider
838 reimbursement rates for the infant to age 5 care levels that are
839 higher than the minimum provider reimbursement rates established
840 in this subsection may continue to implement its approved
841 minimum provider reimbursement rates until the rates established
842 in this subsection exceed its approved rates.
843 Section 20. Paragraph (a) of subsection (1) of section
844 1002.89, Florida Statutes, is amended to read:
845 1002.89 School readiness program; funding.—
846 (1) DETERMINATION OF EARLY LEARNING COALITION SCHOOL
847 READINESS PROGRAM FUNDING.—Funding for the school readiness
848 program shall be used by the early learning coalitions in
849 accordance with this part and the General Appropriations Act.
850 (a) School readiness program allocation.—If the annual
851 allocation for the school readiness program is not determined in
852 the General Appropriations Act or the substantive bill
853 implementing the General Appropriations Act, it shall be
854 determined as follows:
855 1. For each county in the early learning coalition, the
856 total school readiness eligible population, as adopted by the
857 Early Learning Programs Estimating Conference pursuant to s.
858 216.136(8), shall be multiplied by the county’s comparable wage
859 factor district cost differential provided in s. 1011.62(2).
860 2. If a county passed a local ordinance before January 1,
861 2022, that establishes the county’s staff-to-children ratio for
862 licensed child care facilities below the ratio established in s.
863 402.305(4), multiply the product calculated in subparagraph 1.
864 by the adjustment factor specified in the General Appropriations
865 Act.
866 3. Each county’s school readiness allocation shall be based
867 on the county’s proportionate share of the total adjusted
868 eligible school readiness population.
869 Section 21. Paragraph (c) of subsection (1) of section
870 1002.995, Florida Statutes, is amended to read:
871 1002.995 Early learning professional development standards
872 and career pathways.—
873 (1) The department shall:
874 (c) Subject to the appropriation of funds by the
875 Legislature, provide incentives to school readiness personnel
876 who meet the requirements of s. 1002.88(1)(e) and
877 prekindergarten instructors who meet the requirements specified
878 in s. 1002.55, s. 1002.61, or s. 1002.63 and who possess a
879 reading certification or endorsement or a literacy micro
880 credential as specified in s. 1003.485 and teach students in the
881 school readiness program or the voluntary prekindergarten
882 education program or work in the child care or early learning
883 setting.
884 Section 22. Paragraph (a) of subsection (4) of section
885 1003.03, Florida Statutes, is amended to read:
886 1003.03 Maximum class size.—
887 (4) ACCOUNTABILITY.—
888 (a) If the department determines that the number of
889 students assigned to any individual class exceeds the class size
890 maximum, as required in subsection (1), based upon the October
891 student membership survey, the department shall:
892 1. Identify, for each grade group, the number of classes in
893 which the number of students exceeds the maximum and the total
894 number of students which exceeds the maximum for all classes.
895 2. Determine the number of FTE students which exceeds the
896 maximum for each grade group.
897 3. Multiply the total number of FTE students which exceeds
898 the maximum for each grade group by the district’s FTE dollar
899 amount of the class size categorical allocation for that year
900 and calculate the total for all three grade groups.
901 4. Multiply the total number of FTE students which exceeds
902 the maximum for all classes by an amount equal to 50 percent of
903 the base student allocation adjusted by the district cost
904 differential for each of the 2010-2011 through 2013-2014 fiscal
905 years and by an amount equal to the base student allocation
906 adjusted by the comparable wage factor district cost
907 differential in the 2014-2015 fiscal year and thereafter.
908 5. Reduce the district’s class size categorical allocation
909 by an amount equal to the sum of the calculations in
910 subparagraphs 3. and 4.
911 Section 23. Section 1003.4201, Florida Statutes, is created
912 to read:
913 1003.4201 Comprehensive system of reading instruction.—Each
914 school district must implement a system of comprehensive reading
915 instruction for students enrolled in prekindergarten through
916 grade 12 and certain students who exhibit a substantial
917 deficiency in early literacy.
918 (1) Each school district must develop, and submit to the
919 district school board for approval, a detailed reading
920 instruction plan that outlines the components of the district’s
921 comprehensive system of reading instruction. The plan must
922 include all district schools, including charter schools, unless
923 a charter school elects to submit a plan independently from the
924 school district. A charter school plan must comply with all of
925 the provisions of this section and must be approved by the
926 charter school’s governing body and provided to the charter
927 school’s sponsor.
928 (2)(a) Components of the reading instruction plan may
929 include the following:
930 1. Additional time per day of evidence-based intensive
931 reading instruction for kindergarten through grade 12 students,
932 which may be delivered during or outside of the regular school
933 day.
934 2. Highly qualified reading coaches, who must be endorsed
935 in reading, to specifically support classroom teachers in making
936 instructional decisions based on progress monitoring data
937 collected pursuant to s. 1008.25(8) and improve classroom
938 teacher delivery of effective reading instruction, reading
939 intervention, and reading in the content areas based on student
940 need.
941 3. Professional development to help instructional personnel
942 and certified prekindergarten teachers funded in the Florida
943 Education Finance Program earn a certification, a credential, an
944 endorsement, or an advanced degree in scientifically researched
945 and evidence-based reading instruction.
946 4. Summer reading camps, using only classroom teachers or
947 other district personnel who possess a micro-credential as
948 specified in s. 1003.485 or are certified or endorsed in reading
949 consistent with s. 1008.25(7)(b)3., for all students in
950 kindergarten through grade 5 exhibiting a reading deficiency as
951 determined by district and state assessments.
952 5. Incentives for instructional personnel and certified
953 prekindergarten teachers funded in the Florida Education Finance
954 Program who possess a reading certification or endorsement or
955 micro-credential as specified in s. 1003.485 and provide
956 educational support to improve student literacy.
957 6. Tutoring in reading.
958 (b) Each school district must include in its reading
959 instruction plan the planned school year expenditures for each
960 component of such plan.
961 (3) Each school district shall submit its approved reading
962 instruction plan, including approved reading instruction plans
963 for each charter school in the district, to the Department of
964 Education by August 1 of each fiscal year.
965 (4) The department shall evaluate the implementation of
966 each school district reading instruction plan, including
967 conducting site visits and collecting specific data on reading
968 improvement results.
969 (5) By February 1 of each year, the department shall report
970 its findings to the Legislature and the State Board of
971 Education, including any recommendations for improving
972 implementation of evidence-based intensive reading and
973 intervention strategies in the classroom.
974 (6) For purposes of this section, the term “evidence-based”
975 means demonstrating a statistically significant effect on
976 improving student outcomes or other relevant outcomes as
977 provided in 20 U.S.C. s. 8101(21)(A)(i).
978 Section 24. Paragraphs (g) and (h) of subsection (4) of
979 section 1003.485, Florida Statutes, are amended to read:
980 1003.485 The New Worlds Reading Initiative.—
981 (4) ADMINISTRATOR RESPONSIBILITIES.—The administrator
982 shall:
983 (g) Develop a micro-credential that requires teachers to
984 demonstrate competency to:
985 1. Diagnose literacy difficulties and determine the
986 appropriate range of literacy interventions based upon the age
987 and literacy deficiency of the student;
988 2. Use evidence-based instructional and intervention
989 practices, including strategies identified by the Just Read,
990 Florida! Office pursuant to s. 1001.215(7) s. 1001.215(8); and
991 3. Effectively use progress monitoring and intervention
992 materials.
993 (h) Administer the early literacy micro-credential program
994 established under this section, which must include components on
995 content, student learning, pedagogy, and professional
996 development and must build on a strong foundation of
997 scientifically researched and evidence-based reading
998 instructional and intervention programs that incorporate
999 explicit, systematic, and sequential approaches to teaching
1000 phonemic awareness, phonics, vocabulary, fluency, and text
1001 comprehension and incorporate decodable or phonetic text
1002 instructional strategies, as identified by the Just Read,
1003 Florida! Office, pursuant to s. 1001.215(7) s. 1001.215(8).
1004 1. At a minimum, the micro-credential curriculum must be
1005 designed specifically for instructional personnel in
1006 prekindergarten through grade 3 based upon the strategies and
1007 techniques identified in s. 1002.59 and address foundational
1008 literacy skills of students in grades 4 through 12.
1009 2. The micro-credential must be competency based and
1010 designed for eligible instructional personnel to complete the
1011 credentialing process in no more than 60 hours, in an online
1012 format. The micro-credential may be delivered in an in-person
1013 format. Eligible instructional personnel may receive the micro
1014 credential once competency is demonstrated even if it is prior
1015 to the completion of 60 hours.
1016 3. The micro-credential must be available by December 31,
1017 2022, at no cost, to instructional personnel as defined in s.
1018 1012.01(2); prekindergarten instructors as specified in ss.
1019 1002.55, 1002.61, and 1002.63; and child care personnel as
1020 defined in ss. 402.302(3) and 1002.88(1)(e).
1021 Section 25. Paragraphs (g) and (j) of subsection (2) of
1022 section 1003.621, Florida Statutes, are amended to read:
1023 1003.621 Academically high-performing school districts.—It
1024 is the intent of the Legislature to recognize and reward school
1025 districts that demonstrate the ability to consistently maintain
1026 or improve their high-performing status. The purpose of this
1027 section is to provide high-performing school districts with
1028 flexibility in meeting the specific requirements in statute and
1029 rules of the State Board of Education.
1030 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
1031 high-performing school district shall comply with all of the
1032 provisions in chapters 1000-1013, and rules of the State Board
1033 of Education which implement these provisions, pertaining to the
1034 following:
1035 (g) Those statutes pertaining to planning and budgeting,
1036 including chapter 1011, except s. 1003.4201 s. 1011.62(8)(e),
1037 relating to the requirement for a comprehensive system of
1038 reading instruction plan. A district that is exempt from
1039 submitting a comprehensive reading plan shall be deemed approved
1040 to receive the evidence-based reading instruction allocation.
1041 Each academically high-performing school district may provide up
1042 to 2 days of virtual instruction as part of the required 180
1043 actual teaching days or the equivalent on an hourly basis each
1044 school year, as specified by rules of the State Board of
1045 Education. Virtual instruction that is conducted in accordance
1046 with the plan approved by the department, is teacher-developed,
1047 and is aligned with the standards for enrolled courses complies
1048 with s. 1011.60(2). The day or days must be indicated on the
1049 calendar approved by the school board. The district shall submit
1050 a plan for each day of virtual instruction to the department for
1051 approval, in a format prescribed by the department, with
1052 assurances of alignment to statewide student standards as
1053 described in s. 1003.41 before the start of each school year.
1054 (j) Those statutes relating to instructional materials,
1055 except that s. 1006.37, relating to the requisition of state
1056 adopted materials from the depository under contract with the
1057 publisher, and s. 1006.40(3)(b), relating to the purchase use of
1058 50 percent of the instructional materials allocation, shall be
1059 eligible for exemption.
1060 Section 26. Subsection (7) of section 1004.935, Florida
1061 Statutes, is amended to read:
1062 1004.935 Adults with Disabilities Workforce Education
1063 Program.—
1064 (7) Funds for the scholarship shall be provided from the
1065 appropriation from the school district’s Workforce Development
1066 Fund in the General Appropriations Act for students who reside
1067 in the Hardee County School District, the DeSoto County School
1068 District, the Manatee County School District, or the Sarasota
1069 County School District. The scholarship amount granted for an
1070 eligible student with a disability shall be equal to the cost
1071 per unit of a full-time equivalent adult general education
1072 student, multiplied by the adult general education funding
1073 factor, and multiplied by the comparable wage factor district
1074 cost differential pursuant to the formula required by s.
1075 1011.80(7)(a) for the district in which the student resides.
1076 Section 27. Section 1006.041, Florida Statutes, is created
1077 to read:
1078 1006.041 Mental health assistance program.—Each school
1079 district must implement a school-based mental health assistance
1080 program that includes training classroom teachers and other
1081 school staff in detecting and responding to mental health issues
1082 and connecting children, youth, and families who may experience
1083 behavioral health issues with appropriate services.
1084 (1) Each school district must develop, and submit to the
1085 district school board for approval, a detailed plan outlining
1086 the components and planned expenditures of the district’s mental
1087 health assistance program. The plan must include all district
1088 schools, including charter schools, unless a charter school
1089 elects to submit a plan independently from the school district.
1090 A charter school plan must comply with all of the provisions of
1091 this section and must be approved by the charter school’s
1092 governing body and provided to the charter school’s sponsor.
1093 (2) A plan required under subsection (1) must be focused on
1094 a multitiered system of supports to deliver evidence-based
1095 mental health care assessment, diagnosis, intervention,
1096 treatment, and recovery services to students with one or more
1097 mental health or co-occurring substance abuse diagnoses and to
1098 students at high risk of such diagnoses. The provision of these
1099 services must be coordinated with a student’s primary mental
1100 health care provider and with other mental health providers
1101 involved in the student’s care. At a minimum, the plan must
1102 include all of the following components:
1103 (a) Direct employment of school-based mental health
1104 services providers to expand and enhance school-based student
1105 services and to reduce the ratio of students to staff in order
1106 to better align with nationally recommended ratio models. The
1107 providers shall include, but are not limited to, certified
1108 school counselors, school psychologists, school social workers,
1109 and other licensed mental health professionals. The plan must
1110 also identify strategies to increase the amount of time that
1111 school-based student services personnel spend providing direct
1112 services to students, which may include the review and revision
1113 of district staffing resource allocations based on school or
1114 student mental health assistance needs.
1115 (b) Contracts or interagency agreements with one or more
1116 local community behavioral health providers or providers of
1117 Community Action Team services to provide a behavioral health
1118 staff presence and services at district schools. Services may
1119 include, but are not limited to, mental health screenings and
1120 assessments, individual counseling, family counseling, group
1121 counseling, psychiatric or psychological services, trauma
1122 informed care, mobile crisis services, and behavior
1123 modification. These behavioral health services may be provided
1124 on or off the school campus and may be supplemented by
1125 telehealth as defined in s. 456.47(1).
1126 (c) Policies and procedures, including contracts with
1127 service providers, which will ensure that:
1128 1. Students referred to a school-based or community-based
1129 mental health service provider for mental health screening for
1130 the identification of mental health concerns and students at
1131 risk for mental health disorders are assessed within 15 days
1132 after referral. School-based mental health services must be
1133 initiated within 15 days after identification and assessment,
1134 and support by community-based mental health service providers
1135 for students who are referred for community-based mental health
1136 services must be initiated within 30 days after the school or
1137 district makes a referral.
1138 2. Parents of a student receiving services under this
1139 subsection are provided information about other behavioral
1140 health services available through the student’s school or local
1141 community-based behavioral health services providers. A school
1142 may meet this requirement by providing information about and
1143 Internet addresses for web-based directories or guides for local
1144 behavioral health services.
1145 3. Individuals living in a household with a student
1146 receiving services under this subsection are provided
1147 information about behavioral health services available through
1148 other delivery systems or payors for which such individuals may
1149 qualify, if such services appear to be needed or enhancements in
1150 such individuals’ behavioral health would contribute to the
1151 improved well-being of the student.
1152 (d) Strategies or programs to reduce the likelihood of at
1153 risk students developing social, emotional, or behavioral health
1154 problems, depression, anxiety disorders, suicidal tendencies, or
1155 substance use disorders.
1156 (e) Strategies to improve the early identification of
1157 social, emotional, or behavioral problems or substance use
1158 disorders, to improve the provision of early intervention
1159 services, and to assist students in dealing with trauma and
1160 violence.
1161 (f) Procedures to assist a mental health services provider
1162 or a behavioral health provider as described in paragraph (a) or
1163 paragraph (b), respectively, or a school resource officer or
1164 school safety officer who has completed mental health crisis
1165 intervention training in attempting to verbally de-escalate a
1166 student’s crisis situation before initiating an involuntary
1167 examination pursuant to s. 394.463. Such procedures must include
1168 strategies to de-escalate a crisis situation for a student with
1169 a developmental disability as defined in s. 393.063.
1170 (g) Policies of the school district which must require that
1171 in a student crisis situation, school or law enforcement
1172 personnel must make a reasonable attempt to contact a mental
1173 health professional who may initiate an involuntary examination
1174 pursuant to s. 394.463, unless the child poses an imminent
1175 danger to themselves or others, before initiating an involuntary
1176 examination pursuant to s. 394.463. Such contact may be in
1177 person or through telehealth. The mental health professional may
1178 be available to the school district either by a contract or
1179 interagency agreement with the managing entity, one or more
1180 local community-based behavioral health providers, or the local
1181 mobile response team, or be a direct or contracted school
1182 district employee.
1183 (3) Each school district shall submit its approved plan,
1184 including approved plans of each charter school in the district,
1185 to the Department of Education by August 1 of each fiscal year.
1186 (4) Annually by September 30, each school district shall
1187 submit to the Department of Education a report on its program
1188 outcomes and expenditures for the previous fiscal year that, at
1189 a minimum, must include the total number of each of the
1190 following:
1191 (a) Students who receive screenings or assessments.
1192 (b) Students who are referred to school-based or community
1193 based providers for services or assistance.
1194 (c) Students who receive school-based or community-based
1195 interventions, services, or assistance.
1196 (d) School-based and community-based mental health
1197 providers, including licensure type.
1198 (e) Contract-based or interagency agreement-based
1199 collaborative efforts or partnerships with community-based
1200 mental health programs, agencies, or providers.
1201 Section 28. Paragraph (b) of subsection (6) of section
1202 1006.07, Florida Statutes, is amended to read:
1203 1006.07 District school board duties relating to student
1204 discipline and school safety.—The district school board shall
1205 provide for the proper accounting for all students, for the
1206 attendance and control of students at school, and for proper
1207 attention to health, safety, and other matters relating to the
1208 welfare of students, including:
1209 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
1210 school superintendent shall establish policies and procedures
1211 for the prevention of violence on school grounds, including the
1212 assessment of and intervention with individuals whose behavior
1213 poses a threat to the safety of the school community.
1214 (b) Mental health coordinator.—Each district school board
1215 shall identify a mental health coordinator for the district. The
1216 mental health coordinator shall serve as the district’s primary
1217 point of contact regarding the district’s coordination,
1218 communication, and implementation of student mental health
1219 policies, procedures, responsibilities, and reporting,
1220 including:
1221 1. Coordinating with the Office of Safe Schools,
1222 established pursuant to s. 1001.212.
1223 2. Maintaining records and reports regarding student mental
1224 health as it relates to the mental health assistance program
1225 under s. 1006.041 and school safety and the mental health
1226 assistance allocation under s. 1011.62(14).
1227 3. Facilitating the implementation of school district
1228 policies relating to the respective duties and responsibilities
1229 of the school district, the superintendent, and district school
1230 principals.
1231 4. Coordinating with the school safety specialist on the
1232 staffing and training of threat assessment teams and
1233 facilitating referrals to mental health services, as
1234 appropriate, for students and their families.
1235 5. Coordinating with the school safety specialist on the
1236 training and resources for students and school district staff
1237 relating to youth mental health awareness and assistance.
1238 6. Reviewing annually the school district’s policies and
1239 procedures related to student mental health for compliance with
1240 state law and alignment with current best practices and making
1241 recommendations, as needed, for amending such policies and
1242 procedures to the superintendent and the district school board.
1243 Section 29. Subsection (3) of section 1006.1493, Florida
1244 Statutes, is amended to read:
1245 1006.1493 Florida Safe Schools Assessment Tool.—
1246 (3) The Office of Safe Schools shall make the FSSAT
1247 available no later than May 1 of each year.
1248 (a) The office must provide annual training to each
1249 district’s school safety specialist and other appropriate school
1250 district personnel on the assessment of physical site security
1251 and completing the FSSAT.
1252 (b) Each school district must annually report to the office
1253 by October 15 that all public schools within the school district
1254 have completed the FSSAT.
1255 Section 30. Paragraph (c) is added to subsection (3) of
1256 section 1006.28, Florida Statutes, and paragraph (a) of
1257 subsection (1) of that section, is amended, to read:
1258 1006.28 Duties of district school board, district school
1259 superintendent; and school principal regarding K-12
1260 instructional materials.—
1261 (1) DEFINITIONS.—
1262 (a) As used in this section, the term:
1263 1. “Adequate instructional materials” means a sufficient
1264 number of student or site licenses or sets of materials that are
1265 available in bound, unbound, kit, or package form and may
1266 consist of hardbacked or softbacked textbooks, electronic
1267 content, consumables, learning laboratories, manipulatives,
1268 electronic media, and computer courseware or software that serve
1269 as the basis for instruction for each student in the core
1270 subject areas of mathematics, language arts, social studies,
1271 science, reading, and literature.
1272 2. “Instructional materials” has the same meaning as in s.
1273 1006.29(2).
1274 3. “Library media center” means any collection of books,
1275 ebooks, periodicals, and videos maintained and accessible on the
1276 site of a school, including classrooms.
1277 (3) DISTRICT SCHOOL SUPERINTENDENT.—
1278 (c) Annually by August 1, each district school
1279 superintendent shall certify to the Commissioner of Education
1280 that the district school board has approved a comprehensive
1281 staff development plan that supports fidelity of implementation
1282 of instructional materials programs, including verification that
1283 training was provided, that the materials are being implemented
1284 as designed, and that core reading materials and reading
1285 intervention materials used in kindergarten through grade 5 meet
1286 the requirements of s. 1001.215(8). Such instructional
1287 materials, as evaluated and identified pursuant to s.
1288 1001.215(4), may be purchased by school districts without
1289 undergoing the adoption procedures in s. 1006.40(4)(b).
1290 Section 31. Section 1006.40, Florida Statutes, is amended
1291 to read:
1292 1006.40 Purchase Use of instructional materials allocation;
1293 instructional materials, library books, and reference books;
1294 repair of books.—
1295 (1) On or before July 1 each year, the commissioner shall
1296 certify to each district school superintendent shall certify to
1297 the Commissioner of Education the estimated allocation of state
1298 funds for instructional materials, computed pursuant to the
1299 provisions of s. 1011.67 for the ensuing fiscal year.
1300 (2) Each district school board must purchase current
1301 instructional materials to provide each student in kindergarten
1302 through grade 12 with a major tool of instruction in core
1303 courses of the subject areas of mathematics, language arts,
1304 science, social studies, reading, and literature. Such purchase
1305 must be made within the first 3 years after the effective date
1306 of the adoption cycle unless a district school board or a
1307 consortium of school districts has implemented an instructional
1308 materials program pursuant to s. 1006.283.
1309 (3)(a) Except for a school district or a consortium of
1310 school districts that implements an instructional materials
1311 program pursuant to s. 1006.283, each district school board
1312 shall use the annual allocation only for the purchase of
1313 instructional materials that align with state standards and are
1314 included on the state-adopted list, except as otherwise
1315 authorized in paragraphs (b) and (c).
1316 (b) Up to 50 percent of the amount the school district has
1317 budgeted for instructional materials annual allocation may be
1318 used for:
1319 1. The purchase of library and reference books and nonprint
1320 materials.
1321 2. The purchase of other materials having intellectual
1322 content which assist in the instruction of a subject or course.
1323 These materials may be available in bound, unbound, kit, or
1324 package form and may consist of hardbacked or softbacked
1325 textbooks, novels, electronic content, consumables, learning
1326 laboratories, manipulatives, electronic media, computer
1327 courseware or software, and other commonly accepted
1328 instructional tools as prescribed by district school board rule.
1329 3. The repair and renovation of textbooks and library books
1330 and replacements for items which were part of previously
1331 purchased instructional materials.
1332 (c) District school boards may use 100 percent of that
1333 portion of the annual allocation designated for the purchase of
1334 instructional materials for kindergarten, and 75 percent of that
1335 portion of the annual allocation designated for the purchase of
1336 instructional materials for first grade, to purchase materials
1337 not on the state-adopted list.
1338 (c)(d) Any materials purchased pursuant to this section
1339 must be:
1340 1. Free of pornography and material prohibited under s.
1341 847.012.
1342 2. Suited to student needs and their ability to comprehend
1343 the material presented.
1344 3. Appropriate for the grade level and age group for which
1345 the materials are used or made available.
1346 (4) Each district school board is responsible for the
1347 content of all materials used in a classroom or otherwise made
1348 available to students. Each district school board shall adopt
1349 rules, and each district school superintendent shall implement
1350 procedures, that:
1351 (a) Maximize student use of the district-approved
1352 instructional materials.
1353 (b) Provide a process for public review of, public comment
1354 on, and the adoption of materials, including those used to
1355 provide instruction required by s. 1003.42, which satisfies the
1356 requirements of s. 1006.283(2)(b)8., 9., and 11.
1357 (5) District school boards may issue purchase orders
1358 subsequent to February 1 in an aggregate amount which does not
1359 exceed 20 percent of the current year’s allocation, and
1360 subsequent to April 1 in an aggregate amount which does not
1361 exceed 90 percent of the current year’s allocation, for the
1362 purpose of expediting the delivery of instructional materials
1363 which are to be paid for from the ensuing year’s allocation.
1364 This subsection does not apply to a district school board or a
1365 consortium of school districts that implements an instructional
1366 materials program pursuant to s. 1006.283.
1367 (6) In any year in which the total instructional materials
1368 allocation for a school district has not been expended or
1369 obligated prior to June 30, the district school board shall
1370 carry forward the unobligated amount and shall add it to the
1371 next year’s allocation.
1372 (5)(7) A district school board or a consortium of school
1373 districts that implements an instructional materials program
1374 pursuant to s. 1006.283 may use the annual allocation to
1375 purchase instructional materials not on the state-adopted list.
1376 However, instructional materials purchased pursuant to this
1377 section which are not included on the state-adopted list must
1378 meet the criteria of s. 1006.31(2), align with state standards
1379 adopted by the State Board of Education pursuant to s. 1003.41,
1380 and be consistent with course expectations based on the
1381 district’s comprehensive plan for student progression and course
1382 descriptions adopted in state board rule.
1383 Section 32. Paragraph (n) of subsection (21) of section
1384 1007.271, Florida Statutes, is amended to read:
1385 1007.271 Dual enrollment programs.—
1386 (21) Each district school superintendent and each public
1387 postsecondary institution president shall develop a
1388 comprehensive dual enrollment articulation agreement for the
1389 respective school district and postsecondary institution. The
1390 superintendent and president shall establish an articulation
1391 committee for the purpose of developing the agreement. Each
1392 state university president may designate a university
1393 representative to participate in the development of a dual
1394 enrollment articulation agreement. A dual enrollment
1395 articulation agreement shall be completed and submitted annually
1396 by the postsecondary institution to the Department of Education
1397 on or before August 1. The agreement must include, but is not
1398 limited to:
1399 (n) A funding provision that delineates costs incurred by
1400 each entity.
1401 1. School districts shall pay public postsecondary
1402 institutions the standard tuition rate per credit hour from
1403 funds provided in the Florida Education Finance Program when
1404 dual enrollment course instruction takes place on the
1405 postsecondary institution’s campus and the course is taken
1406 during the fall or spring term. When dual enrollment is provided
1407 on the high school site by postsecondary institution faculty,
1408 the school district shall reimburse the costs associated with
1409 the postsecondary institution’s proportion of salary and
1410 benefits to provide the instruction. When dual enrollment course
1411 instruction is provided on the high school site by school
1412 district faculty, the school district is not responsible for
1413 payment to the postsecondary institution. A postsecondary
1414 institution may enter into an agreement with the school district
1415 to authorize teachers to teach dual enrollment courses at the
1416 high school site or the postsecondary institution. A school
1417 district may not deny a student access to dual enrollment unless
1418 the student is ineligible to participate in the program subject
1419 to provisions specifically outlined in this section.
1420 2. School districts shall pay for the cost of instructional
1421 materials for public high school students who are earning credit
1422 toward high school graduation under the dual enrollment program.
1423 3.2. Subject to annual appropriation in the General
1424 Appropriations Act, a public postsecondary institution shall
1425 receive an amount of funding equivalent to the standard tuition
1426 rate per credit hour for each dual enrollment course taken by a
1427 student during the summer term.
1428 Section 33. Paragraph (b) of subsection (5) of section
1429 1008.25, Florida Statutes, is amended to read:
1430 1008.25 Public school student progression; student support;
1431 coordinated screening and progress monitoring; reporting
1432 requirements.—
1433 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1434 (b) A Voluntary Prekindergarten Education Program student
1435 who exhibits a substantial deficiency in early literacy skills
1436 in accordance with the standards under s. 1002.67(1)(a) and
1437 based upon the results of the administration of the final
1438 coordinated screening and progress monitoring under subsection
1439 (8) shall be referred to the local school district and may be
1440 eligible to receive intensive reading interventions before
1441 participating in kindergarten. Such intensive reading
1442 interventions shall be paid for using funds from the district’s
1443 evidence-based reading instruction allocation in accordance with
1444 s. 1011.62(8).
1445 Section 34. Paragraph (d) of subsection (5) of section
1446 1008.345, Florida Statutes, is amended to read:
1447 1008.345 Implementation of state system of school
1448 improvement and education accountability.—
1449 (5) The commissioner shall annually report to the State
1450 Board of Education and the Legislature and recommend changes in
1451 state policy necessary to foster school improvement and
1452 education accountability. The report shall include:
1453 (d) Based upon a review of each school district’s reading
1454 instruction plan submitted pursuant to s. 1003.4201 s.
1455 1011.62(8), intervention and support strategies used by school
1456 districts that were effective in improving the reading
1457 performance of students, as indicated by student performance
1458 data, who are identified as having a substantial reading
1459 deficiency pursuant to s. 1008.25(5)(a).
1460
1461 School reports shall be distributed pursuant to this subsection
1462 and s. 1001.42(18)(c) and according to rules adopted by the
1463 State Board of Education.
1464 Section 35. Subsections (2), (3), and (5) of section
1465 1008.365, Florida Statutes, are amended to read:
1466 1008.365 Reading Achievement Initiative for Scholastic
1467 Excellence Act.—
1468 (2) The Reading Achievement Initiative for Scholastic
1469 Excellence (RAISE) Program is established within the Department
1470 of Education to provide instructional supports to school
1471 districts, school administrators, and instructional personnel in
1472 implementing:
1473 (a) Evidence-based reading instruction proven to accelerate
1474 progress of students exhibiting a reading deficiency.
1475 (b) Differentiated instruction based on screening,
1476 diagnostic, progress monitoring, or student assessment data to
1477 meet students’ specific reading needs.
1478 (c) Explicit and systematic reading strategies to develop
1479 phonemic awareness, phonics, fluency, vocabulary, and
1480 comprehension with more extensive opportunities for guided
1481 practice, error correction, and feedback and interventions in
1482 order to improve student reading achievement.
1483 (3) The department shall establish at least 20 literacy
1484 support regions and regional support teams, at the direction of
1485 a regional literacy support director appointed by the
1486 Commissioner of Education, to assist schools with improving low
1487 reading scores as provided in this section.
1488 (a) A regional literacy support director must successfully
1489 demonstrate competence on the evidence-based strategies
1490 identified pursuant to s. 1001.215(7) s. 1001.215(8) and have
1491 the experience and credentials necessary, as determined by the
1492 department, to:
1493 1. Effectively monitor student reading growth and
1494 achievement data;
1495 2. Oversee districtwide and schoolwide professional
1496 development and planning to establish evidence-based practices
1497 among school administrators and instructional personnel;
1498 3. Evaluate implementation of evidence-based practices; and
1499 4. Manage a regional support team.
1500 (b) A regional support team shall report to its regional
1501 literacy support director and must consist of individuals who:
1502 1. Successfully demonstrate competence on the evidence
1503 based strategies identified pursuant to s. 1001.215(7) s.
1504 1001.215(8);
1505 2. Have substantial experience in literacy coaching and
1506 monitoring student progress data in reading; and
1507 3. Have received training necessary to assist with the
1508 delivery of professional development and site-based supports,
1509 including modeling evidence-based practices and providing
1510 feedback to instructional personnel.
1511 (5) The department shall provide progress monitoring data
1512 to regional support teams regarding the implementation of
1513 supports. Such supports must include:
1514 (a) Professional development, aligned to evidence-based
1515 strategies identified pursuant to s. 1001.215(7) s. 1001.215(8),
1516 for appropriate instructional personnel and school
1517 administrators identified by the regional support team.
1518 (b) Assistance with implementing:
1519 1. Data-informed instructional decisionmaking using
1520 progress monitoring and other appropriate data.
1521 2. Selection and consistent, coordinated use of
1522 scientifically researched and evidence-based high-quality
1523 instructional materials and supplemental materials as identified
1524 by the Just Read, Florida! Office pursuant to s. 1001.215(8).
1525 3. Reading instruction in other core subject area
1526 curricula, with an emphasis on civic literacy.
1527 4. A multitiered system of supports in order to provide
1528 students effective interventions and identify students who may
1529 require an evaluation for special educational services,
1530 including identifying characteristics of conditions that affect
1531 phonological processing, such as dyslexia.
1532 (c) Evaluating a school’s improvement plan for alignment
1533 with the school district’s K-12 comprehensive reading
1534 instruction plan under s. 1003.4201 s. 1011.62(8)(d) and the
1535 school district’s allocation of resources as required by s.
1536 1008.25(3)(a). If the regional support team determines that the
1537 school district’s reading instruction plan does not address the
1538 school’s need to improve student outcomes, the regional literacy
1539 support director, the district school superintendent, or his or
1540 her designee, and the director of the Just Read, Florida! Office
1541 shall convene a meeting to rectify the deficiencies of the
1542 reading instruction plan.
1543 Section 36. Paragraph (a) of subsection (2) and paragraph
1544 (b) of subsection (3) of section 1010.20, Florida Statutes, are
1545 amended to read:
1546 1010.20 Cost accounting and reporting for school
1547 districts.—
1548 (2) COST REPORTING.—
1549 (a) Each district shall report on a district-aggregate
1550 basis expenditures for inservice training pursuant to s.
1551 1011.62(3) and for categorical programs as provided in s.
1552 1011.62(17) s. 1011.62(6).
1553 (3) PROGRAM EXPENDITURE REQUIREMENTS.—
1554 (b) Funds for inservice training established in s.
1555 1011.62(3) and for categorical programs established in s.
1556 1011.62(17) s. 1011.62(6) shall be expended for the costs of the
1557 identified programs as provided by law and in accordance with
1558 the rules of the State Board of Education.
1559 Section 37. Section 1011.58, Florida Statutes, is created
1560 to read:
1561 1011.58 Procedures for legislative budget requests for the
1562 Florida School for Competitive Academics.—
1563 (1)(a) The legislative budget request of the Florida School
1564 for Competitive Academics established in s. 1002.351 must be
1565 prepared using the same format, procedures, and timelines
1566 required for the submission of the legislative budget request of
1567 the Department of Education.
1568 (b) The Florida School for Competitive Academics shall
1569 submit its legislative budget request to the Department of
1570 Education for review and approval. The school must create and
1571 submit to the department an implementation plan before the
1572 department may approve the budget request.
1573 (c) Subsequent to the Department of Education’s approval,
1574 the Commissioner of Education shall include the Florida School
1575 for Competitive Academics in the department’s legislative budget
1576 request to the State Board of Education, the Governor, and the
1577 Legislature. The legislative budget request and the
1578 appropriation for the Florida School for Competitive Academics
1579 must be a separate identifiable sum in the public schools budget
1580 entity of the Department of Education.
1581 (d) The annual appropriation for the school shall be
1582 distributed monthly, without using the Florida Education Finance
1583 Program, in payments as nearly equal as possible. Appropriations
1584 for textbooks, instructional technology, and school buses may be
1585 released and distributed as necessary to serve the instructional
1586 program for the students. Transportation of students shall be
1587 provided by the school consistent with the requirements of
1588 subpart E. of part I of chapter 1006 and s. 1012.45.
1589 (2) The school shall submit its fixed capital outlay
1590 request to the Department of Education for review and approval
1591 in accordance with s. 1002.36(4)(f)1. Subsequent to the
1592 department’s approval, the school’s request must be included
1593 within the department’s public education capital outlay
1594 legislative budget request.
1595 Section 38. Section 1011.59, Florida Statutes, is created
1596 to read:
1597 1011.59 Florida School for Competitive Academics; board of
1598 trustees; management flexibility.—
1599 (1) Notwithstanding ss. 216.031, 216.181, and 216.262 and
1600 pursuant to s. 216.351, but subject to any guidelines imposed in
1601 the General Appropriations Act, funds for the operation of the
1602 Florida School for Competitive Academics shall be requested and
1603 appropriated within budget entities, program components, program
1604 categories, lump sums, or special categories. Funds appropriated
1605 to the Florida School for Competitive Academics for each program
1606 category, lump sum, or special category may be transferred to
1607 traditional categories for expenditure by the board of trustees
1608 of the school. The board of trustees shall develop an annual
1609 operating budget that allocates funds by program component and
1610 traditional expenditure category.
1611 (2) Notwithstanding s. 216.181 and pursuant to s. 216.351,
1612 but subject to any requirements imposed in the General
1613 Appropriations Act, a lump-sum plan is not required to implement
1614 the special categories, program categories, or lump-sum
1615 appropriations. Upon release of the special categories, program
1616 categories, or lump-sum appropriations to the board of trustees,
1617 the Chief Financial Officer shall, upon the request of the board
1618 of trustees, transfer or reallocate funds to or among accounts
1619 established for disbursement purposes. The board of trustees
1620 shall maintain records to account for the original
1621 appropriation.
1622 (3) Notwithstanding ss. 216.031, 216.181, 216.251, and
1623 216.262 and pursuant to s. 216.351, but subject to any
1624 requirements imposed in the General Appropriations Act, the
1625 board of trustees shall establish the authorized positions and
1626 may amend such positions within the total funds authorized
1627 annually in the General Appropriations Act.
1628 (4) Notwithstanding s. 216.301, all unexpended funds
1629 appropriated for the Florida School for Competitive Academics
1630 shall be carried forward and included as the balance forward for
1631 that fund in the approved operating budget for the following
1632 year.
1633 Section 39. Subsection (5) of section 1011.61, Florida
1634 Statutes, is amended to read:
1635 1011.61 Definitions.—Notwithstanding the provisions of s.
1636 1000.21, the following terms are defined as follows for the
1637 purposes of the Florida Education Finance Program:
1638 (5) The “Florida Education Finance Program” includes all
1639 programs and costs as provided in ss. 1003.03, 1011.62, 1011.68,
1640 and 1011.685 s. 1011.62.
1641 Section 40. Paragraph (e) of subsection (1) of section
1642 1011.62, Florida Statutes, is redesignated as paragraph (d),
1643 present paragraphs (c) through (f) and (s) of subsection (1) and
1644 subsections (2), (3), (5) through (9), and (11) through (17) are
1645 amended, and new paragraphs (e) and (f) are added to subsection
1646 (1) and new subsections (6) through (8) and (16) through (18)
1647 are added to that section, to read:
1648 1011.62 Funds for operation of schools.—If the annual
1649 allocation from the Florida Education Finance Program to each
1650 district for operation of schools is not determined in the
1651 annual appropriations act or the substantive bill implementing
1652 the annual appropriations act, it shall be determined as
1653 follows:
1654 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1655 OPERATION.—The following procedure shall be followed in
1656 determining the annual allocation to each district for
1657 operation:
1658 (c) Determination of programs.—Cost factors based on
1659 desired relative cost differences between the following programs
1660 shall be established in the annual General Appropriations Act.
1661 The cost factor for secondary career education programs must be
1662 greater than the cost factor for and basic programs grade 9
1663 through 12 shall be equal. The Commissioner of Education shall
1664 specify a matrix of services and intensity levels to be used by
1665 districts in the determination of the two weighted cost factors
1666 for exceptional students with the highest levels of need. For
1667 these students, the funding support level shall fund the
1668 exceptional students’ education program, with the exception of
1669 extended school year services for students with disabilities.
1670 1. Basic programs.—
1671 a. Kindergarten and grades 1, 2, and 3.
1672 b. Grades 4, 5, 6, 7, and 8.
1673 c. Grades 9, 10, 11, and 12.
1674 2. Programs for exceptional students.—
1675 a. Support Level IV.
1676 b. Support Level V.
1677 3. Secondary career education programs.
1678 4. English for Speakers of Other Languages.
1679 (d) Annual allocation calculation.—
1680 1. The Department of Education is authorized and directed
1681 to review all district programs and enrollment projections and
1682 calculate a maximum total weighted full-time equivalent student
1683 enrollment for each district for the K-12 FEFP.
1684 2. Maximum enrollments calculated by the department shall
1685 be derived from enrollment estimates used by the Legislature to
1686 calculate the FEFP. If two or more districts enter into an
1687 agreement under the provisions of s. 1001.42(4)(d), after the
1688 final enrollment estimate is agreed upon, the amount of FTE
1689 specified in the agreement, not to exceed the estimate for the
1690 specific program as identified in paragraph (c), may be
1691 transferred from the participating districts to the district
1692 providing the program.
1693 3. As part of its calculation of each district’s maximum
1694 total weighted full-time equivalent student enrollment, the
1695 department shall establish separate enrollment ceilings for each
1696 of two program groups. Group 1 shall be composed of basic
1697 programs for grades K-3, grades 4-8, and grades 9-12. Group 2
1698 shall be composed of students in exceptional student education
1699 programs support levels IV and V, English for Speakers of Other
1700 Languages programs, and all career programs in grades 9-12.
1701 a. For any calculation of the FEFP, the enrollment ceiling
1702 for group 1 shall be calculated by multiplying the actual
1703 enrollment for each program in the program group by its
1704 appropriate program weight.
1705 b. The weighted enrollment ceiling for group 2 programs
1706 shall be calculated by multiplying the enrollment for each
1707 program by the appropriate program weight as provided in the
1708 General Appropriations Act. The weighted enrollment ceiling for
1709 program group 2 shall be the sum of the weighted enrollment
1710 ceilings for each program in the program group, plus the
1711 increase in weighted full-time equivalent student membership
1712 from the prior year for clients of the Department of Children
1713 and Families and the Department of Juvenile Justice.
1714 c. If, for any calculation of the FEFP, the weighted
1715 enrollment for program group 2, derived by multiplying actual
1716 enrollments by appropriate program weights, exceeds the
1717 enrollment ceiling for that group, the following procedure shall
1718 be followed to reduce the weighted enrollment for that group to
1719 equal the enrollment ceiling:
1720 (I) The weighted enrollment ceiling for each program in the
1721 program group shall be subtracted from the weighted enrollment
1722 for that program derived from actual enrollments.
1723 (II) If the difference calculated under sub-sub
1724 subparagraph (I) is greater than zero for any program, a
1725 reduction proportion shall be computed for the program by
1726 dividing the absolute value of the difference by the total
1727 amount by which the weighted enrollment for the program group
1728 exceeds the weighted enrollment ceiling for the program group.
1729 (III) The reduction proportion calculated under sub-sub
1730 subparagraph (II) shall be multiplied by the total amount of the
1731 program group’s enrollment over the ceiling as calculated under
1732 sub-sub-subparagraph (I).
1733 (IV) The prorated reduction amount calculated under sub
1734 sub-subparagraph (III) shall be subtracted from the program’s
1735 weighted enrollment to produce a revised program weighted
1736 enrollment.
1737 (V) The prorated reduction amount calculated under sub-sub
1738 subparagraph (III) shall be divided by the appropriate program
1739 weight, and the result shall be added to the revised program
1740 weighted enrollment computed in sub-sub-subparagraph (IV).
1741 (d)(e) Funding model for exceptional student education
1742 programs.—The funding model for exceptional student education
1743 programs shall include all of the following:
1744 1.1.a. For programs for exceptional students in The funding
1745 model uses basic, at-risk, support levels IV and V as
1746 established in paragraph (c), the funding model shall include
1747 program for exceptional students and career Florida Education
1748 Finance Program cost factors, and a guaranteed allocation for
1749 exceptional student education programs.
1750 a. Exceptional education cost factors are determined by
1751 using a matrix of services to document the services that each
1752 support level IV and support level V exceptional student will
1753 receive. The nature and intensity of the services indicated on
1754 the matrix shall be consistent with the services described in
1755 each exceptional student’s individual educational plan. The
1756 Department of Education shall review and revise the descriptions
1757 of the services and supports included in the matrix of services
1758 for exceptional students and shall implement those revisions
1759 before the beginning of the 2012-2013 school year.
1760 b. In order to generate funds using one of the two weighted
1761 cost factors, a matrix of services must be completed at the time
1762 of the student’s initial placement into an exceptional student
1763 education program and at least once every 3 years by personnel
1764 who have received approved training. Nothing listed in the
1765 matrix shall be construed as limiting the services a school
1766 district must provide in order to ensure that exceptional
1767 students are provided a free, appropriate public education.
1768 c. Students identified as exceptional, in accordance with
1769 chapter 6A-6, Florida Administrative Code, who do not have a
1770 matrix of services as specified in sub-subparagraph b. shall
1771 generate funds on the basis of full-time-equivalent student
1772 membership in the Florida Education Finance Program at the same
1773 funding level per student as provided for basic students.
1774 Additional funds for these exceptional students will be provided
1775 through the guaranteed allocation designated in subparagraph 2.
1776 2. For students identified as exceptional in accordance
1777 with chapter 6A-6, Florida Administrative Code, who do not have
1778 a matrix of services as specified in subparagraph 1. and for
1779 students who are gifted in grades kindergarten K through 8, the
1780 funding model shall include the funds generated on the basis of
1781 full-time equivalent student membership in the Florida Education
1782 Finance Program at the same funding level per student as
1783 provided for a basic student and additional funds provided by
1784 the exceptional student education guaranteed allocation
1785 established pursuant to subsection (8).
1786 (e) Calculation of additional full-time equivalent
1787 membership for small school district exceptional student
1788 education.—An additional value per full-time equivalent student
1789 membership is provided to school districts with a full-time
1790 equivalent student membership of fewer than 10,000 and fewer
1791 than three full-time equivalent students in exceptional student
1792 education support levels IV and V. The Department of Education
1793 shall set the amount of the additional value based on documented
1794 evidence of the difference between the cost of the school
1795 district’s exceptional student education support levels IV and V
1796 services and the applicable Florida Education Finance Program
1797 funds appropriated in the General Appropriations Act. The total
1798 statewide value may not exceed a value per weighted full-time
1799 equivalent student as specified in the General Appropriations
1800 Act. The additional value for an eligible school district shall
1801 not exceed three full-time equivalent students for each of the
1802 exceptional student education support levels IV and V there is
1803 created a guaranteed allocation to provide these students with a
1804 free appropriate public education, in accordance with s.
1805 1001.42(4)(l) and rules of the State Board of Education, which
1806 shall be allocated initially to each school district in the
1807 amount provided in the General Appropriations Act. These funds
1808 shall be supplemental to the funds appropriated for the basic
1809 funding level, and the amount allocated for each school district
1810 shall be recalculated during the year, based on actual student
1811 membership from FTE surveys. Upon recalculation, if the
1812 generated allocation is greater than the amount provided in the
1813 General Appropriations Act, the total shall be prorated to the
1814 level of the appropriation based on each district’s share of the
1815 total recalculated amount. These funds shall be used to provide
1816 special education and related services for exceptional students
1817 and students who are gifted in grades K through 8. A district’s
1818 expenditure of funds from the guaranteed allocation for students
1819 in grades 9 through 12 who are gifted may not be greater than
1820 the amount expended during the 2006-2007 fiscal year for gifted
1821 students in grades 9 through 12.
1822 (f) Small district factor.—An additional value per full
1823 time equivalent student membership is provided to each school
1824 district with a full-time equivalent student membership of fewer
1825 than 20,000 full-time equivalent students which is in a fiscally
1826 constrained county as described in s. 218.67(1). The amount of
1827 the additional value shall be specified in the General
1828 Appropriations Act.
1829 (f) Supplemental academic instruction allocation.—
1830 1. There is created the supplemental academic instruction
1831 allocation to provide supplemental academic instruction to
1832 students in kindergarten through grade 12.
1833 2. The supplemental academic instruction allocation shall
1834 be provided annually in the Florida Education Finance Program as
1835 specified in the General Appropriations Act. These funds are in
1836 addition to the funds appropriated on the basis of FTE student
1837 membership in the Florida Education Finance Program and shall be
1838 included in the total potential funds of each district.
1839 Beginning with the 2018-2019 fiscal year, each school district
1840 that has a school earning a grade of “D” or “F” pursuant to s.
1841 1008.34 must use that school’s portion of the supplemental
1842 academic instruction allocation to implement intervention and
1843 support strategies for school improvement pursuant to s. 1008.33
1844 and for salary incentives pursuant to s. 1012.2315(3) or salary
1845 supplements pursuant to s. 1012.22(1)(c)5.c. that are provided
1846 through a memorandum of understanding between the collective
1847 bargaining agent and the school board that addresses the
1848 selection, placement, and expectations of instructional
1849 personnel and school administrators. For all other schools, the
1850 school district’s use of the supplemental academic instruction
1851 allocation may include, but is not limited to, the use of a
1852 modified curriculum; reading instruction; after-school
1853 instruction; tutoring; mentoring; a reduction in class size;
1854 extended school year; intensive skills development in summer
1855 school; dropout prevention programs as defined in ss. 1003.52
1856 and 1003.53(1)(a), (b), and (c); and other methods of improving
1857 student achievement. Supplemental academic instruction may be
1858 provided to a student in any manner and at any time during or
1859 beyond the regular 180-day term identified by the school as
1860 being the most effective and efficient way to best help that
1861 student progress from grade to grade and to graduate.
1862 3. The supplemental academic instruction allocation shall
1863 consist of a base amount that has a workload adjustment based on
1864 changes in unweighted FTE. The supplemental academic instruction
1865 allocation shall be recalculated during the fiscal year. Upon
1866 recalculation of funding for the supplemental academic
1867 instruction allocation, if the total allocation is greater than
1868 the amount provided in the General Appropriations Act, the
1869 allocation shall be prorated to the level provided to support
1870 the appropriation, based on each district’s share of the total.
1871 4. Funding on the basis of FTE membership beyond the 180
1872 day regular term shall be provided in the FEFP only for students
1873 enrolled in juvenile justice education programs or in education
1874 programs for juveniles placed in secure facilities or programs
1875 under s. 985.19. Funding for instruction beyond the regular 180
1876 day school year for all other K-12 students shall be provided
1877 through the supplemental academic instruction allocation and
1878 other state, federal, and local fund sources with ample
1879 flexibility for schools to provide supplemental instruction to
1880 assist students in progressing from grade to grade and
1881 graduating.
1882 (s) Determination of the basic amount for current
1883 operation.—The basic amount for current operation to be included
1884 in the Florida Education Finance Program for kindergarten
1885 through grade 12 for each district shall be the product of the
1886 following:
1887 1. The full-time equivalent student membership in each
1888 program, multiplied by
1889 2. The cost factor for each program, adjusted for the
1890 maximum as provided by paragraph (c), multiplied by
1891 3. The comparable wage factor district cost differential,
1892 multiplied by
1893 4. The base student allocation.
1894 (2) DETERMINATION OF COMPARABLE WAGE FACTOR DISTRICT COST
1895 DIFFERENTIALS.—
1896 (a) The Commissioner of Education shall annually compute
1897 for each district the current year’s comparable wage factor
1898 district cost differential. The comparable wage factor district
1899 cost differential shall be calculated by adding each district’s
1900 price level index as published in the Florida Price Level Index
1901 for the most recent 3 years and dividing the resulting sum by 3.
1902 The result for each district shall be multiplied by 0.008 and to
1903 the resulting product shall be added 0.200; the sum thus
1904 obtained shall be the comparable wage factor cost differential
1905 for that district for that year.
1906 (b) The comparable wage factor for each school district is
1907 used in the calculation of the basic amount for current
1908 operation pursuant to subsection (1) if the comparable wage
1909 factor is greater than 1.000.
1910 (c) The limitation authorized in paragraph (b) applies to
1911 any categorical funding provided in the Florida Education
1912 Finance Program that has a calculation methodology that includes
1913 the comparable wage factor.
1914 (3) INSERVICE EDUCATIONAL PERSONNEL TRAINING EXPENDITURE.
1915 Of the amount computed in subsection (1) subsections (1) and
1916 (2), a percentage of the basic amount for current operation base
1917 student allocation per full-time equivalent student or other
1918 funds shall be expended for educational training programs as
1919 determined by the district school board as provided in s.
1920 1012.98.
1921 (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
1922 Legislature shall prescribe in the General Appropriations Act,
1923 pursuant to s. 1011.71(1), the rate of nonvoted current
1924 operating discretionary millage that shall be used to calculate
1925 a discretionary millage compression supplement. If the
1926 prescribed millage generates an amount of funds per unweighted
1927 full-time equivalent student FTE for the district that is less
1928 than the state average, the district shall receive an amount per
1929 full-time equivalent student FTE that, when added to the funds
1930 per full-time equivalent student FTE generated by the designated
1931 levy, shall equal the state average.
1932 (6) STATE-FUNDED DISCRETIONARY CONTRIBUTION.—The state
1933 funded discretionary contribution is created to fund the
1934 nonvoted discretionary millage for operations pursuant to s.
1935 1011.71(1) and (3) for developmental research schools (lab
1936 schools) established in s. 1002.32 and the Florida Virtual
1937 School established in s. 1002.37.
1938 (a) To calculate the state-funded discretionary
1939 contribution for lab schools, multiply the maximum allowable
1940 nonvoted discretionary millage for operations pursuant to s.
1941 1011.71(1) and (3) by the value of 96 percent of the current
1942 year’s taxable value for school purposes for the school district
1943 in which the lab school is located; divide the result by the
1944 total full-time equivalent membership of the school district;
1945 and multiply the result by the full-time equivalent membership
1946 of the lab school. The amount obtained shall be appropriated in
1947 the General Appropriations Act to the Lab School Trust Fund
1948 established pursuant to s. 1002.32(9).
1949 (b) To calculate the state-funded discretionary
1950 contribution for the Florida Virtual School, multiply the
1951 maximum allowable nonvoted discretionary millage for operations
1952 pursuant to s. 1011.71(1) and (3) by the value of 96 percent of
1953 the current year’s taxable value for school purposes for the
1954 state; divide the result by the total full-time equivalent
1955 membership of the state; and multiply the result by the full
1956 time equivalent membership of the Florida Virtual School.
1957 (7) EDUCATIONAL ENRICHMENT ALLOCATION.—
1958 (a) The educational enrichment allocation is created to
1959 assist school districts in providing educational enrichment
1960 activities and services that support and increase the academic
1961 achievement of students in grades kindergarten through 12.
1962 Educational enrichment activities and services may be provided
1963 in a manner and at any time during or beyond the regular 180-day
1964 term identified by the school district as being the most
1965 effective and efficient way to best help the student progress
1966 from grade to grade and graduate from high school. For fiscal
1967 year 2023-2024, the educational enrichment allocation shall
1968 consist of a base amount as specified in the General
1969 Appropriations Act. Beginning in fiscal year 2024-2025, the
1970 educational enrichment allocation shall consist of the base
1971 amount that includes a workload adjustment based on changes in
1972 the unweighted full-time equivalent membership.
1973 (b) For district-managed turnaround schools as identified
1974 in s. 1008.33(4)(a), schools that earn three consecutive grades
1975 below a “C,” as identified in s. 1008.33(4)(b)3., and schools
1976 that have improved to a “C” and are no longer in turnaround
1977 status, as identified in s. 1008.33(4)(c), a supplemental amount
1978 shall be added to their educational enrichment allocation for
1979 purposes of implementing the intervention and support strategies
1980 identified in the turnaround plan submitted pursuant to s.
1981 1008.33.
1982 1. The supplemental amount shall be based on the unweighted
1983 full-time equivalent student enrollment at the eligible schools
1984 and a per full-time equivalent funding amount of $500 or as
1985 provided in the General Appropriations Act.
1986 2. Services funded by the allocation may include, but are
1987 not limited to, tutorial and afterschool programs, student
1988 counseling, nutrition education, parental counseling, and an
1989 extended school day and school year. In addition, services may
1990 include models that develop a culture that encourages students
1991 to complete high school and to attend college or career
1992 training, set high academic expectations, and inspire character
1993 development.
1994 3. A school district may enter into a formal agreement with
1995 a nonprofit organization that has tax-exempt status under s.
1996 501(c)(3) of the Internal Revenue Code to implement an
1997 integrated student support service model that provides students
1998 and families with access to wrap-around services, including, but
1999 not limited to, health services, after-school programs, drug
2000 prevention programs, college and career readiness programs, and
2001 food and clothing banks.
2002 (c) The educational enrichment allocation, to include the
2003 supplemental amount, shall be recalculated during the fiscal
2004 year pursuant to paragraph (1)(a). If the recalculated amount is
2005 greater than the amount provided in the General Appropriations
2006 Act, the allocation shall be prorated to the level provided to
2007 support the appropriation, based on each school district’s
2008 proportionate share of the total allocation.
2009 (d) Funding on the basis of full-time equivalent membership
2010 beyond the 180-day regular term shall be provided in the Florida
2011 Education Finance Program only for students enrolled in juvenile
2012 justice education programs or in education programs for
2013 juveniles placed in secure facilities or programs pursuant to s.
2014 985.19. Funding for instruction beyond the regular 180-day
2015 school year for all other kindergarten through grade 12 students
2016 shall be provided through the educational enrichment allocation
2017 and other state, federal, and local funding sources with
2018 flexibility for schools to provide educational enrichment
2019 activities and services to assist students in grades
2020 kindergarten through 12.
2021 (8) EXCEPTIONAL STUDENT EDUCATION GUARANTEED ALLOCATION.
2022 The exceptional student education guaranteed allocation is
2023 created to fund the additional costs of programs for exceptional
2024 students specified in subparagraph (1)(d)2. and shall be
2025 supplemental to the funds appropriated in the Florida Education
2026 Finance Program for the basic student funding level.
2027 (a) The amount of each school district’s exceptional
2028 student education guaranteed allocation shall be the greater of
2029 either the school district’s prior year exceptional student
2030 education guaranteed allocation funds per eligible full-time
2031 equivalent student or the exceptional student education
2032 guaranteed allocation factor as specified in the General
2033 Appropriations Act multiplied by the school district’s total
2034 number of eligible full-time equivalent students.
2035 (b) The exceptional student education guaranteed allocation
2036 shall be recalculated during the fiscal year based on actual
2037 full-time equivalent student membership. If the recalculated
2038 amount is greater than the amount provided in the General
2039 Appropriations Act, the total shall be prorated to the level of
2040 the appropriation based on each school district’s share of the
2041 total recalculated allocation amount.
2042 (6) CATEGORICAL FUNDS.—
2043 (a) In addition to the basic amount for current operations
2044 for the FEFP as determined in subsection (1), the Legislature
2045 may appropriate categorical funding for specified programs,
2046 activities, or purposes.
2047 (b) If a district school board finds and declares in a
2048 resolution adopted at a regular meeting of the school board that
2049 the funds received for any of the following categorical
2050 appropriations are urgently needed to maintain school board
2051 specified academic classroom instruction or improve school
2052 safety, the school board may consider and approve an amendment
2053 to the school district operating budget transferring the
2054 identified amount of the categorical funds to the appropriate
2055 account for expenditure:
2056 1. Funds for student transportation.
2057 2. Funds for instructional materials if all instructional
2058 material purchases necessary to provide updated materials that
2059 are aligned with applicable state standards and course
2060 descriptions and that meet statutory requirements of content and
2061 learning have been completed for that fiscal year, but no sooner
2062 than March 1. Funds available after March 1 may be used to
2063 purchase computers and device hardware for student instruction
2064 that comply with the requirements of s. 1001.20(4)(a)1.b.
2065 3. Funds for the guaranteed allocation as provided in
2066 subparagraph (1)(e)2.
2067 4. Funds for the supplemental academic instruction
2068 allocation as provided in paragraph (1)(f).
2069 5. Funds for the federally connected student supplement as
2070 provided in subsection (10).
2071 6. Funds for class size reduction as provided in s.
2072 1011.685.
2073 (c) Each district school board shall include in its annual
2074 financial report to the Department of Education the amount of
2075 funds the school board transferred from each of the categorical
2076 funds identified in this subsection and the specific academic
2077 classroom instruction or school safety need for which the
2078 transferred funds were expended. The Department of Education
2079 shall provide instructions and specify the format to be used in
2080 submitting this required information as a part of the district
2081 annual financial report. The Department of Education shall
2082 submit a report to the Legislature that identifies by district
2083 and by categorical fund the amount transferred and the specific
2084 academic classroom activity or school safety need for which the
2085 funds were expended.
2086 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
2087 (a) Annually, in an amount to be determined by the
2088 Legislature through the General Appropriations Act, there shall
2089 be added to the basic amount for current operation of the FEFP
2090 qualified districts a sparsity supplement which shall be
2091 computed as follows:
2092
2093
2094 Sparsity Factor = 1101.8918 – 0.1101
2095 2700 + districtsparsityindex
2096
2097
2098 except that districts with a sparsity index of 1,000 or less
2099 shall be computed as having a sparsity index of 1,000, and
2100 districts having a sparsity index of 7,308 and above shall be
2101 computed as having a sparsity factor of zero. A qualified
2102 district’s full-time equivalent student membership shall equal
2103 or be less than that prescribed annually by the Legislature in
2104 the appropriations act. The amount prescribed annually by the
2105 Legislature shall be no less than 17,000, but no more than
2106 30,000.
2107 (b) The district sparsity index shall be computed by
2108 dividing the total number of full-time equivalent students in
2109 all programs in the district by the number of senior high school
2110 centers in the district, not in excess of three, which centers
2111 are approved as permanent centers by a survey made by the
2112 Department of Education. For districts with a full-time
2113 equivalent student membership of at least 20,000, but no more
2114 than 30,000, the index shall be computed by dividing the total
2115 number of full-time equivalent students in all programs by the
2116 number of permanent senior high school centers in the district,
2117 not in excess of four.
2118 (c) If the sparsity supplement calculated in paragraphs (a)
2119 and (b) for an eligible district is less than $100 per full-time
2120 equivalent student, the district’s supplement shall be increased
2121 to $100 per FTE or to the minimum amount per FTE designated in
2122 the General Appropriations Act.
2123 (d) Each district’s allocation of sparsity supplement funds
2124 shall be adjusted in the following manner:
2125 1. A maximum discretionary levy per FTE value for each
2126 district shall be calculated by dividing the value of each
2127 district’s maximum discretionary levy by its FTE student count.
2128 2. A state average discretionary levy value per FTE shall
2129 be calculated by dividing the total maximum discretionary levy
2130 value for all districts by the state total FTE student count.
2131 3. A total potential funds per FTE for each district shall
2132 be calculated by dividing the total potential funds, not
2133 including Florida School Recognition Program funds and the
2134 minimum guarantee funds, for each district by its FTE student
2135 count.
2136 4. A state average total potential funds per FTE shall be
2137 calculated by dividing the total potential funds, not including
2138 Florida School Recognition Program funds and the minimum
2139 guarantee funds, for all districts by the state total FTE
2140 student count.
2141 5. For districts that have a levy value per FTE as
2142 calculated in subparagraph 1. higher than the state average
2143 calculated in subparagraph 2., a sparsity wealth adjustment
2144 shall be calculated as the product of the difference between the
2145 state average levy value per FTE calculated in subparagraph 2.
2146 and the district’s levy value per FTE calculated in subparagraph
2147 1. and the district’s FTE student count and -1. However, no
2148 district shall have a sparsity wealth adjustment that, when
2149 applied to the total potential funds calculated in subparagraph
2150 3., would cause the district’s total potential funds per FTE to
2151 be less than the state average calculated in subparagraph 4.
2152 6. Each district’s sparsity supplement allocation shall be
2153 calculated by adding the amount calculated as specified in
2154 paragraphs (a) and (b) and the wealth adjustment amount
2155 calculated in this paragraph.
2156 (8) EVIDENCE-BASED READING INSTRUCTION ALLOCATION.—
2157 (a) The evidence-based reading instruction allocation is
2158 created to provide comprehensive reading instruction to students
2159 in prekindergarten through grade 12.
2160 (b) Intensive reading instruction for students who have
2161 reading deficiencies must include evidence-based reading
2162 instruction proven to accelerate progress of students exhibiting
2163 a reading deficiency; differentiated instruction based on
2164 screening, diagnostic, progress monitoring, or student
2165 assessment data to meet students’ specific reading needs;
2166 explicit and systematic reading strategies to develop phonemic
2167 awareness, phonics, fluency, vocabulary, and comprehension, with
2168 more extensive opportunities for guided practice, error
2169 correction, and feedback; and the coordinated integration of
2170 civic literacy, science, and mathematics-text reading, text
2171 discussion, and writing in response to reading.
2172 (c) Funds for comprehensive, evidence-based reading
2173 instruction shall be allocated annually to each school district
2174 in the amount provided in the General Appropriations Act. Each
2175 eligible school district shall receive the same minimum amount
2176 as specified in the General Appropriations Act, and any
2177 remaining funds shall be distributed to eligible school
2178 districts based on each school district’s proportionate share of
2179 K-12 base funding.
2180 (d) Funds allocated under this subsection must be used to
2181 provide a system of comprehensive reading instruction to
2182 students enrolled in the prekindergarten-12 programs and certain
2183 students who exhibit a substantial deficiency in early literacy,
2184 which may include the following:
2185 1. Additional time per day of evidence-based intensive
2186 reading instruction to students, which may be delivered during
2187 or outside of the regular school day.
2188 2. Kindergarten through grade 12 evidence-based intensive
2189 reading interventions.
2190 3. Highly qualified reading coaches, who must be endorsed
2191 in reading, to specifically support teachers in making
2192 instructional decisions based on student data, and improve
2193 teacher delivery of effective reading instruction, intervention,
2194 and reading in the content areas based on student need.
2195 4. Professional development to help instructional personnel
2196 and certified prekindergarten teachers funded in the Florida
2197 Education Finance Program earn a certification, a credential, an
2198 endorsement, or an advanced degree in scientifically researched
2199 and evidence-based reading instruction.
2200 5. Summer reading camps, using only teachers or other
2201 district personnel who possess a micro-credential as specified
2202 in s. 1003.485 or are certified or endorsed in reading
2203 consistent with s. 1008.25(7)(b)3., for all students in
2204 kindergarten through grade 5 who demonstrate a reading
2205 deficiency as determined by district and state assessments.
2206 6. Scientifically researched and evidence-based
2207 supplemental instructional materials as identified by the Just
2208 Read, Florida! Office pursuant to s. 1001.215(8).
2209 7. Incentives for instructional personnel and certified
2210 prekindergarten teachers funded in the Florida Education Finance
2211 Program who possess a reading certification or endorsement or
2212 micro-credential as specified in s. 1003.485 and provide
2213 educational support to improve student literacy.
2214 8. Tutoring in reading.
2215 (e)1. Annually, by a date determined by the Department of
2216 Education, each school district shall submit a comprehensive
2217 reading plan approved by the applicable district school board,
2218 charter school governing board, or lab school board of trustees,
2219 for the specific use of the evidence-based reading instruction
2220 allocation, based upon a root-cause analysis. The State Regional
2221 Literacy Director may assist in the development of the plan. The
2222 department shall provide a plan format. A district school board
2223 may use the format developed by the department or a format
2224 developed by the district school board.
2225 2. Intensive reading interventions must be delivered by
2226 instructional personnel who possess the micro-credential as
2227 provided in s. 1003.485 or are certified or endorsed in reading
2228 and must incorporate evidence-based strategies identified by the
2229 Just Read, Florida! Office pursuant to s. 1001.215(8).
2230 Instructional personnel who possess a micro-credential as
2231 specified in s. 1003.485 and are delivering intensive reading
2232 interventions must be supervised by an individual certified or
2233 endorsed in reading. For the purposes of this subsection, the
2234 term “supervision” means the ability to communicate by way of
2235 telecommunication with or physical presence of the certified or
2236 endorsed personnel for consultation and direction of the actions
2237 of the personnel with the micro-credential.
2238 3. By July 1 of each year, the department shall release to
2239 each school district its allocation of appropriated funds. The
2240 department shall evaluate the implementation of each district
2241 plan, including conducting site visits and collecting specific
2242 data on expenditures and reading improvement results. By
2243 February 1 of each year, the department shall report its
2244 findings to the Legislature and the State Board of Education,
2245 including any recommendations for improving implementation of
2246 evidence-based reading and intervention strategies in
2247 classrooms.
2248
2249 For purposes of this subsection, the term “evidence-based” means
2250 demonstrating a statistically significant effect on improving
2251 student outcomes or other relevant outcomes as provided in 20
2252 U.S.C. s. 8101(21)(A)(i).
2253 (9) CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE
2254 JUSTICE EDUCATION PROGRAMS.—
2255 (a) The total kindergarten through grade 12 K-12 weighted
2256 full-time equivalent student membership in juvenile justice
2257 education programs in each school district shall be multiplied
2258 by the amount of the state average class-size-reduction factor
2259 multiplied by the comparable wage factor for the school district
2260 established in subsection (2) district’s cost differential. An
2261 amount equal to the sum of this calculation shall be allocated
2262 in the Florida Education Finance Program FEFP to each school
2263 district to supplement other sources of funding for students in
2264 juvenile justice education programs.
2265 (b) Funds allocated under this subsection shall be used to
2266 provide the juvenile justice education programs pursuant to s.
2267 1003.52 and may be used to pay for the high school equivalency
2268 examination fees for juvenile justice students who pass the high
2269 school equivalency examination in full, or in part, while in a
2270 juvenile justice education program, the industry credentialing
2271 testing fees for such students, and the costs associated with
2272 such juvenile justice students enrolled in career and technical
2273 education courses that lead to industry-recognized
2274 certifications.
2275 (11) QUALITY ASSURANCE GUARANTEE.—The Legislature may
2276 annually in the General Appropriations Act determine a
2277 percentage increase in funds per kindergarten through grade 12
2278 K-12 unweighted full-time equivalent student FTE as a minimum
2279 guarantee to each school district. The guarantee shall be
2280 calculated from prior year base funding per unweighted full-time
2281 equivalent FTE student which shall include the adjusted full
2282 time equivalent FTE dollars as provided in subsection (15),
2283 quality guarantee funds, and actual nonvoted discretionary local
2284 effort from taxes. From the base funding per unweighted full
2285 time equivalent student FTE, the increase shall be calculated
2286 for the current year. The current year funds from which the
2287 guarantee shall be determined shall include the adjusted full
2288 time equivalent FTE dollars as provided in subsection (15) and
2289 potential nonvoted discretionary local effort from taxes. A
2290 comparison of current year funds per unweighted full-time
2291 equivalent student FTE to prior year funds per unweighted full
2292 time equivalent student FTE shall be computed. For those school
2293 districts which have less than the legislatively assigned
2294 percentage increase, funds shall be provided to guarantee the
2295 assigned percentage increase in funds per unweighted full-time
2296 equivalent FTE student. Should appropriated funds be less than
2297 the sum of this calculated amount for all districts, the
2298 commissioner shall prorate each district’s allocation. This
2299 provision shall be implemented to the extent specifically
2300 funded.
2301 (12) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
2302 created to provide funding to assist school districts in their
2303 compliance with ss. 1006.07-1006.12, with priority given to
2304 safe-school officers pursuant to s. 1006.12. Each school
2305 district shall receive a minimum safe schools allocation in an
2306 amount provided in the General Appropriations Act. Of the
2307 remaining balance of the safe schools allocation, one-third
2308 shall be allocated to school districts based on the most recent
2309 official Florida Crime Index provided by the Department of Law
2310 Enforcement and two-thirds shall be allocated based on each
2311 school district’s proportionate share of the state’s total
2312 unweighted full-time equivalent student enrollment. Each school
2313 district must report to the Department of Education by October
2314 15 that all public schools within the school district have
2315 completed the school security risk assessment using the Florida
2316 Safe Schools Assessment Tool developed pursuant to s. 1006.1493.
2317 If a district school board is required by s. 1006.12 to assign a
2318 school resource officer or school safety officer to a charter
2319 school, the charter school’s share of costs for such officer may
2320 not exceed the amount of funds allocated to the charter school
2321 under this subsection.
2322 (13) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
2323 assistance allocation is created to provide funding to assist
2324 school districts in their implementation of their establishing
2325 or expanding school-based mental health assistance program
2326 pursuant to s. 1006.041 care; train educators and other school
2327 staff in detecting and responding to mental health issues; and
2328 connect children, youth, and families who may experience
2329 behavioral health issues with appropriate services. These funds
2330 shall be allocated annually in the General Appropriations Act or
2331 other law to each eligible school district. Each school district
2332 shall receive a minimum of $100,000, with the remaining balance
2333 allocated based on each school district’s proportionate share of
2334 the state’s total unweighted full-time equivalent student
2335 enrollment. Charter schools that submit a plan separate from the
2336 school district are entitled to a proportionate share of
2337 district funding. The allocated funds may not supplant funds
2338 that are provided for this purpose from other operating funds
2339 and may not be used to increase salaries or provide bonuses.
2340 School districts are encouraged to maximize third-party health
2341 insurance benefits and Medicaid claiming for services, where
2342 appropriate.
2343 (a) Before the distribution of the allocation:
2344 1. The school district must develop and submit a detailed
2345 plan outlining the local program and planned expenditures to the
2346 district school board for approval. This plan must include all
2347 district schools, including charter schools, unless a charter
2348 school elects to submit a plan independently from the school
2349 district pursuant to subparagraph 2.
2350 2. A charter school may develop and submit a detailed plan
2351 outlining the local program and planned expenditures to its
2352 governing body for approval. After the plan is approved by the
2353 governing body, it must be provided to the charter school’s
2354 sponsor.
2355 (b) The plans required under paragraph (a) must be focused
2356 on a multitiered system of supports to deliver evidence-based
2357 mental health care assessment, diagnosis, intervention,
2358 treatment, and recovery services to students with one or more
2359 mental health or co-occurring substance abuse diagnoses and to
2360 students at high risk of such diagnoses. The provision of these
2361 services must be coordinated with a student’s primary mental
2362 health care provider and with other mental health providers
2363 involved in the student’s care. At a minimum, the plans must
2364 include the following elements:
2365 1. Direct employment of school-based mental health services
2366 providers to expand and enhance school-based student services
2367 and to reduce the ratio of students to staff in order to better
2368 align with nationally recommended ratio models. These providers
2369 include, but are not limited to, certified school counselors,
2370 school psychologists, school social workers, and other licensed
2371 mental health professionals. The plan also must identify
2372 strategies to increase the amount of time that school-based
2373 student services personnel spend providing direct services to
2374 students, which may include the review and revision of district
2375 staffing resource allocations based on school or student mental
2376 health assistance needs.
2377 2. Contracts or interagency agreements with one or more
2378 local community behavioral health providers or providers of
2379 Community Action Team services to provide a behavioral health
2380 staff presence and services at district schools. Services may
2381 include, but are not limited to, mental health screenings and
2382 assessments, individual counseling, family counseling, group
2383 counseling, psychiatric or psychological services, trauma
2384 informed care, mobile crisis services, and behavior
2385 modification. These behavioral health services may be provided
2386 on or off the school campus and may be supplemented by
2387 telehealth.
2388 3. Policies and procedures, including contracts with
2389 service providers, which will ensure that:
2390 a. Students referred to a school-based or community-based
2391 mental health service provider for mental health screening for
2392 the identification of mental health concerns and students at
2393 risk for mental health disorders are assessed within 15 days of
2394 referral. School-based mental health services must be initiated
2395 within 15 days after identification and assessment, and support
2396 by community-based mental health service providers for students
2397 who are referred for community-based mental health services must
2398 be initiated within 30 days after the school or district makes a
2399 referral.
2400 b. Parents of a student receiving services under this
2401 subsection are provided information about other behavioral
2402 health services available through the student’s school or local
2403 community-based behavioral health services providers. A school
2404 may meet this requirement by providing information about and
2405 Internet addresses for web-based directories or guides for local
2406 behavioral health services.
2407 c. Individuals living in a household with a student
2408 receiving services under this subsection are provided
2409 information about behavioral health services available through
2410 other delivery systems or payors for which such individuals may
2411 qualify, if such services appear to be needed or enhancements in
2412 those individuals’ behavioral health would contribute to the
2413 improved well-being of the student.
2414 4. Strategies or programs to reduce the likelihood of at
2415 risk students developing social, emotional, or behavioral health
2416 problems, depression, anxiety disorders, suicidal tendencies, or
2417 substance use disorders.
2418 5. Strategies to improve the early identification of
2419 social, emotional, or behavioral problems or substance use
2420 disorders, to improve the provision of early intervention
2421 services, and to assist students in dealing with trauma and
2422 violence.
2423 6. Procedures to assist a mental health services provider
2424 or a behavioral health provider as described in subparagraph 1.
2425 or subparagraph 2., respectively, or a school resource officer
2426 or school safety officer who has completed mental health crisis
2427 intervention training in attempting to verbally de-escalate a
2428 student’s crisis situation before initiating an involuntary
2429 examination pursuant to s. 394.463. Such procedures must include
2430 strategies to de-escalate a crisis situation for a student with
2431 a developmental disability as that term is defined in s.
2432 393.063.
2433 7. Policies of the school district which must require that
2434 in a student crisis situation, school or law enforcement
2435 personnel must make a reasonable attempt to contact a mental
2436 health professional who may initiate an involuntary examination
2437 pursuant to s. 394.463, unless the child poses an imminent
2438 danger to themselves or others, before initiating an involuntary
2439 examination pursuant to s. 394.463. Such contact may be in
2440 person or using telehealth as defined in s. 456.47. The mental
2441 health professional may be available to the school district
2442 either by contracts or interagency agreements with the managing
2443 entity, one or more local community behavioral health providers,
2444 or the local mobile response team or be a direct or contracted
2445 school district employee.
2446 (c) School districts shall submit approved plans, including
2447 approved plans of each charter school in the district, to the
2448 commissioner by August 1 of each fiscal year.
2449 (d) Beginning September 30, 2019, and annually by September
2450 30 thereafter, each school district shall submit to the
2451 Department of Education a report on its program outcomes and
2452 expenditures for the previous fiscal year that, at a minimum,
2453 must include the number of each of the following:
2454 1. Students who receive screenings or assessments.
2455 2. Students who are referred to either school-based or
2456 community-based providers for services or assistance.
2457 3. Students who receive either school-based or community
2458 based interventions, services, or assistance.
2459 4. School-based and community-based mental health
2460 providers, including licensure type, paid for from funds
2461 provided through the allocation.
2462 5. Contract-based collaborative efforts or partnerships
2463 with community mental health programs, agencies, or providers.
2464 (14) CLASSROOM TEACHER AND OTHER INSTRUCTIONAL PERSONNEL
2465 SALARY INCREASE ALLOCATION.—The Legislature may annually
2466 apportion an amount of funds provided provide in the Florida
2467 Education Finance Program to assist school districts and charter
2468 schools in their compliance with the requirement that the
2469 minimum base salary for full-time classroom teachers, as defined
2470 in s. 1012.01(2)(a), and certified prekindergarten teachers
2471 funded in the Florida Education Finance Program is at least
2472 $47,500 a teacher salary increase allocation to assist school
2473 districts in their recruitment and retention of classroom
2474 teachers and other instructional personnel. The amount and
2475 distribution methodology for the funding of the allocation shall
2476 be specified in the General Appropriations Act.
2477 (a) Each school district shall receive an allocation based
2478 on the school district’s proportionate share of the base FEFP
2479 allocation. Each school district shall provide each charter
2480 school within its district its proportionate share calculated
2481 pursuant to s. 1002.33(17)(b). If a district school board has
2482 not received its allocation due to its failure to submit an
2483 approved district salary distribution plan, the district school
2484 board must still provide each charter school that has submitted
2485 a salary distribution plan within its district its proportionate
2486 share of the allocation.
2487 (b) Allocation funds are restricted in use as follows:
2488 1. Each school district and charter school shall use its
2489 share of the allocation to increase the minimum base salary for
2490 full-time classroom teachers, as defined in s. 1012.01(2)(a),
2491 plus certified prekindergarten teachers funded in the Florida
2492 Education Finance Program, to at least $47,500, or to the
2493 maximum amount achievable based on the allocation and as
2494 specified in the General Appropriations Act. The term “minimum
2495 base salary” means the lowest annual base salary reported on the
2496 salary schedule for a full-time classroom teacher. No full-time
2497 classroom teacher shall receive a salary less than the minimum
2498 base salary as adjusted by this subparagraph. This subparagraph
2499 does not apply to substitute teachers.
2500 2. In addition, each school district shall use its share of
2501 the allocation to provide salary increases, as funding permits,
2502 for the following personnel:
2503 a. Full-time classroom teachers, as defined in s.
2504 1012.01(2)(a), plus certified prekindergarten teachers funded in
2505 the Florida Education Finance Program, who did not receive an
2506 increase or who received an increase of less than 2 percent
2507 under subparagraph 1. or as specified in the General
2508 Appropriations Act. This subparagraph does not apply to
2509 substitute teachers.
2510 b. Other full-time instructional personnel as defined in s.
2511 1012.01(2)(b)-(d).
2512 3. A school district or charter school may use funds
2513 available after the requirements of subparagraph 1. are met to
2514 provide salary increases pursuant to subparagraph 2.
2515 4. A school district or charter school shall maintain the
2516 minimum base salary achieved for classroom teachers provided
2517 under subparagraph 1. and may not reduce the salary increases
2518 provided under subparagraph 2. in any subsequent fiscal year,
2519 unless specifically authorized in the General Appropriations
2520 Act.
2521 (c) Before distributing allocation funds received pursuant
2522 to paragraph (a), each school district and each charter school
2523 shall develop a salary distribution plan that clearly delineates
2524 the planned distribution of funds pursuant to paragraph (b) in
2525 accordance with modified salary schedules, as necessary, for the
2526 implementation of this subsection.
2527 1. Each school district superintendent and each charter
2528 school administrator must submit its proposed salary
2529 distribution plan to the district school board or the charter
2530 school governing body, as appropriate, for approval.
2531 2. Each school district shall submit the approved district
2532 salary distribution plan and the approved salary distribution
2533 plan for each charter school in the district to the department
2534 by October 1 of each fiscal year.
2535 (d) In a format specified by the department, provide as
2536 follows:
2537 1. By December 1, each school district shall provide a
2538 preliminary report to the department that includes a detailed
2539 summary explaining the school district’s planned expenditure of
2540 the entire allocation for the district received pursuant to
2541 paragraph (a), the amount of the increase to the minimum base
2542 salary for classroom teachers pursuant to paragraph (b), and the
2543 school district’s salary schedule for the prior fiscal year and
2544 the fiscal year in which the base salary is increased. Each
2545 charter school governing board shall submit the information
2546 required under this subparagraph to the district school board
2547 for inclusion in the school district’s preliminary report to the
2548 department.
2549 2. By February 1, the department shall submit to the
2550 Governor, the President of the Senate, and the Speaker of the
2551 House of Representatives a statewide report on the planned
2552 expenditure of the teacher salary increase allocation, which
2553 includes the detailed summary provided by each school district
2554 and charter school.
2555 3. By August 1, each school district shall provide a final
2556 report to the department with the information required in
2557 subparagraph 1. for the prior fiscal year. Each charter school
2558 governing board shall submit the information required under this
2559 subparagraph to the district school board for inclusion in the
2560 school district’s final report to the department.
2561 (e) Although district school boards and charter school
2562 governing boards are not precluded from bargaining over wages,
2563 the teacher salary increase allocation must be used solely to
2564 comply with the requirements of this section. A district school
2565 board or charter school governing board that is unable to meet
2566 the reporting requirements specified in paragraph (c) or
2567 paragraph (d) due to a collective bargaining impasse must
2568 provide written notification to the department or the district
2569 school board, as applicable, detailing the reasons for the
2570 impasse with a proposed timeline and details for a resolution.
2571 (15) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
2572 CURRENT OPERATION.—The total annual state allocation to each
2573 district for current operation for the Florida Education Finance
2574 Program FEFP shall be distributed periodically in the manner
2575 prescribed in the General Appropriations Act.
2576 (a) If the funds appropriated for current operation of the
2577 Florida Education Finance Program, including funds appropriated
2578 pursuant to subsection (18) FEFP are not sufficient to pay the
2579 state requirement in full, the department shall prorate the
2580 available state funds to each district in the following manner:
2581 1. Determine the percentage of proration by dividing the
2582 sum of the total amount for current operation, as provided in
2583 this paragraph for all districts collectively, and the total
2584 district required local effort into the sum of the state funds
2585 available for current operation and the total district required
2586 local effort.
2587 2. Multiply the percentage so determined by the sum of the
2588 total amount for current operation as provided in this paragraph
2589 and the required local effort for each individual district.
2590 3. From the product of such multiplication, subtract the
2591 required local effort of each district; and the remainder shall
2592 be the amount of state funds allocated to the district for
2593 current operation. However, no calculation subsequent to the
2594 appropriation shall result in negative state funds for any
2595 district.
2596 (16) STATE-FUNDED DISCRETIONARY SUPPLEMENT.—
2597 (a) The state-funded discretionary supplement is created to
2598 fund the nonvoted discretionary millage for operations pursuant
2599 to s. 1011.71(1) and (3) for students awarded a Family
2600 Empowerment Scholarship in accordance with s. 1002.394. To
2601 calculate the state-funded discretionary supplement for
2602 inclusion in the amount of the scholarship funding:
2603 1. For fiscal year 2023-2024, multiply the maximum
2604 allowable nonvoted discretionary millage for operations pursuant
2605 to s. 1011.71(1) and (3) by the value of 96 percent of the
2606 current year’s taxable value for school purposes for the school
2607 district where the student is reported for purposes of the
2608 Florida Education Finance Program as appropriated in the General
2609 Appropriations Act; divide the result by the school district’s
2610 total unweighted full-time equivalent membership as appropriated
2611 in the General Appropriations Act; and multiply the result by
2612 the total unweighted full-time equivalent membership associated
2613 with the number of Family Empowerment Scholarship students
2614 included in the school district’s total unweighted full-time
2615 equivalent membership. A base amount as specified in the General
2616 Appropriations Act shall be added to this amount for purposes of
2617 calculating the total amount of the supplement.
2618 2. Beginning in fiscal year 2024-2025 and thereafter,
2619 multiply the maximum allowable nonvoted discretionary millage
2620 for operations pursuant to s. 1011.71(1) and (3) by the value of
2621 96 percent of the current year’s taxable value for school
2622 purposes for the school district where the student is reported
2623 for purposes of the Florida Education Finance Program as
2624 appropriated in the General Appropriations Act; divide the
2625 result by the school district’s total unweighted full-time
2626 equivalent membership as appropriated in the General
2627 Appropriations Act; and multiply the result by the total
2628 unweighted full-time equivalent membership associated with the
2629 number of Family Empowerment Scholarship students. The prior
2630 year’s base amount shall be adjusted based on changes in the
2631 eligible number of unweighted full-time equivalent membership
2632 associated with the number of Family Empowerment Scholarship
2633 students.
2634 (b) The state-funded discretionary supplement shall be
2635 recalculated during the fiscal year pursuant to paragraph
2636 (1)(a). If the recalculated amount is greater than the amount
2637 provided in the General Appropriations Act, the allocation shall
2638 be prorated to the level provided to support the appropriation,
2639 based on each school district’s proportionate share of the total
2640 allocation.
2641 (17) CATEGORICAL FUNDS.—
2642 (a) If a district school board determines that some or all
2643 of the funds received for any of the categorical programs
2644 established in this section are needed to maintain or enhance
2645 school board-specified academic classroom instruction, maintain
2646 or expand career and technical education instruction, or improve
2647 school safety, the school district may consider and approve an
2648 amendment to the school district’s operating budget by
2649 transferring the identified amount of the categorical funds to
2650 the appropriate account for expenditure.
2651 (b) Each school district shall include in its annual
2652 financial report to the Department of Education the amount of
2653 funds the school board transferred from each of the categorical
2654 funds identified in this subsection and the specific academic
2655 classroom instruction, maintain or expand career and technical
2656 education instruction, or school safety need for which the
2657 transferred funds were expended. The department shall provide
2658 instructions and specify the format to be used in submitting
2659 this required information as part of the district annual
2660 financial report. The department shall annually submit a report
2661 to the Legislature which identifies by school district and by
2662 categorical fund the amount transferred and the specific
2663 academic classroom activity, the maintained or expanded career
2664 and technical education instruction, or the school safety need
2665 for which the funds were expended.
2666 (18) EDUCATIONAL ENROLLMENT STABILIZATION PROGRAM.—
2667 (a) The educational enrollment stabilization program is
2668 created to provide supplemental state funds as needed to
2669 maintain the stability of the operations of public schools in
2670 each school district and to protect districts, including charter
2671 schools, from financial instability as a result of changes in
2672 full-time equivalent student enrollment throughout the school
2673 year. This program shall be implemented to the extent funds are
2674 available.
2675 (b) The Legislature may annually appropriate funds in the
2676 General Appropriations Act to the Department of Education for
2677 this program. The Department of Education shall use funds as
2678 appropriated to ensure that, based on each recalculation of the
2679 Florida Education Finance Program pursuant to paragraph (1)(a),
2680 a school district’s funds per unweighted full-time equivalent
2681 student is not less than the greater of either the school
2682 district’s funds per unweighted full-time equivalent student as
2683 appropriated in the General Appropriations Act or the school
2684 district’s funds per unweighted full-time equivalent student as
2685 recalculated based upon the receipt of the certified taxable
2686 value for school purposes pursuant to s. 1011.62(4).
2687 (16) COMPUTATION OF PRIOR YEAR DISTRICT REQUIRED LOCAL
2688 EFFORT.—Calculations required in this section shall be based on
2689 95 percent of the taxable value for school purposes for fiscal
2690 years prior to the 2010-2011 fiscal year.
2691 (17) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION.
2692 The turnaround school supplemental services allocation is
2693 created to provide district-managed turnaround schools, as
2694 identified in s. 1008.33(4)(a), schools that earn three
2695 consecutive grades below a “C,” as identified in s.
2696 1008.33(4)(b)3., and schools that have improved to a “C” and are
2697 no longer in turnaround status, as identified in s.
2698 1008.33(4)(c), with funds to offer services designed to improve
2699 the overall academic and community welfare of the schools’
2700 students and their families.
2701 (a)1. Services funded by the allocation may include, but
2702 are not limited to, tutorial and after-school programs, student
2703 counseling, nutrition education, parental counseling, and an
2704 extended school day and school year. In addition, services may
2705 include models that develop a culture that encourages students
2706 to complete high school and to attend college or career
2707 training, set high academic expectations, and inspire character
2708 development.
2709 2. A school district may enter into a formal agreement with
2710 a nonprofit organization that has tax-exempt status under s.
2711 501(c)(3) of the Internal Revenue Code to implement an
2712 integrated student support service model that provides students
2713 and families with access to wrap-around services, including, but
2714 not limited to, health services, after-school programs, drug
2715 prevention programs, college and career readiness programs, and
2716 food and clothing banks.
2717 (b) Before distribution of the allocation, the school
2718 district shall develop and submit a plan for implementation to
2719 its school board for approval no later than August 1 of each
2720 fiscal year.
2721 (c) At a minimum, the plan required under paragraph (b)
2722 must:
2723 1. Establish comprehensive support services that develop
2724 family and community partnerships;
2725 2. Establish clearly defined and measurable high academic
2726 and character standards;
2727 3. Increase parental involvement and engagement in the
2728 child’s education;
2729 4. Describe how instructional personnel will be identified,
2730 recruited, retained, and rewarded;
2731 5. Provide professional development that focuses on
2732 academic rigor, direct instruction, and creating high academic
2733 and character standards;
2734 6. Provide focused instruction to improve student academic
2735 proficiency, which may include additional instruction time
2736 beyond the normal school day or school year; and
2737 7. Include a strategy for continuing to provide services
2738 after the school is no longer in turnaround status by virtue of
2739 achieving a grade of “C” or higher.
2740 (d) Each school district shall submit its approved plans to
2741 the commissioner by September 1 of each fiscal year.
2742 (e) Subject to legislative appropriation, each school
2743 district’s allocation must be based on the unweighted FTE
2744 student enrollment at the eligible schools and a per-FTE funding
2745 amount of $500 or as provided in the General Appropriations Act.
2746 The supplement provided in the General Appropriations Act shall
2747 be based on the most recent school grades and shall serve as a
2748 proxy for the official calculation. Once school grades are
2749 available for the school year immediately preceding the fiscal
2750 year coinciding with the appropriation, the supplement shall be
2751 recalculated for the official participating schools as part of
2752 the subsequent FEFP calculation. The commissioner may prepare a
2753 preliminary calculation so that districts may proceed with
2754 timely planning and use of the funds. If the calculated funds
2755 for the statewide allocation exceed the funds appropriated, the
2756 allocation of funds to each school district must be prorated
2757 based on each school district’s share of the total unweighted
2758 FTE student enrollment for the eligible schools.
2759 (f) Subject to legislative appropriation, each school shall
2760 remain eligible for the allocation for a maximum of 4 continuous
2761 fiscal years while implementing a turnaround option pursuant to
2762 s. 1008.33(4). In addition, a school that improves to a grade of
2763 “C” or higher shall remain eligible to receive the allocation
2764 for a maximum of 2 continuous fiscal years after exiting
2765 turnaround status.
2766 Section 41. Section 1011.622, Florida Statutes, is amended
2767 to read:
2768 1011.622 Adjustments for students without a Florida student
2769 identification number.—The Florida Education Finance Program
2770 funding calculations, including the calculations authorized in
2771 ss. 1011.62, 1011.67, 1011.68, and 1011.685, shall include
2772 funding for a student only when all of the student’s records are
2773 reported to the Department of Education under a Florida student
2774 identification number. The State Board of Education may adopt
2775 rules pursuant to ss. 120.536(1) and 120.54 to implement this
2776 section.
2777 Section 42. Section 1011.67, Florida Statutes, is repealed.
2778 Section 43. Subsection (4) of section 1011.69, Florida
2779 Statutes, is amended to read:
2780 1011.69 Equity in School-Level Funding Act.—
2781 (4) The following funds are excluded from the school-level
2782 allocation under this section: Funds appropriated in the General
2783 Appropriations Act for supplemental academic instruction to be
2784 used for the purposes described in s. 1011.62(1)(f).
2785 Section 44. Paragraph (b) of subsection (3) of section
2786 1011.84, Florida Statutes, is amended to read:
2787 1011.84 Procedure for determining state financial support
2788 and annual apportionment of state funds to each Florida College
2789 System institution district.—The procedure for determining state
2790 financial support and the annual apportionment to each Florida
2791 College System institution district authorized to operate a
2792 Florida College System institution under the provisions of s.
2793 1001.61 shall be as follows:
2794 (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
2795 (b) The apportionment to each Florida College System
2796 institution from the Florida College System Program Fund shall
2797 be determined annually in the General Appropriations Act. In
2798 determining each college’s apportionment, the Legislature shall
2799 consider the following components:
2800 1. Base budget, which includes the state appropriation to
2801 the Florida College System Program Fund in the current year plus
2802 the related student tuition and out-of-state fees assigned in
2803 the current General Appropriations Act.
2804 2. The cost-to-continue allocation, which consists of
2805 incremental changes to the base budget, including salaries,
2806 price levels, and other related costs allocated through a
2807 funding model approved by the Legislature which may recognize
2808 differing economic factors arising from the individual
2809 educational approaches of the various Florida College System
2810 institutions, including, but not limited to:
2811 a. Direct Instructional Funding, including class size,
2812 faculty productivity factors, average faculty salary, ratio of
2813 full-time to part-time faculty, costs of programs, and
2814 enrollment factors.
2815 b. Academic Support, including small colleges factor,
2816 multicampus factor, and enrollment factor.
2817 c. Student Services Support, including headcount of
2818 students as well as FTE count and enrollment factors.
2819 d. Library Support, including volume and other
2820 materials/audiovisual requirements.
2821 e. Special Projects.
2822 f. Operations and Maintenance of Plant, including square
2823 footage and utilization factors.
2824 g. Comparable wage factor District Cost Differential.
2825 3. Students enrolled in a recreation and leisure program
2826 and students enrolled in a lifelong learning program who may not
2827 be counted as full-time equivalent enrollments for purposes of
2828 enrollment workload adjustments.
2829 4. Operating costs of new facilities adjustments, which
2830 shall be provided, from funds available, for each new facility
2831 that is owned by the college and is recommended in accordance
2832 with s. 1013.31.
2833 5. New and improved program enhancements, which shall be
2834 determined by the Legislature.
2835
2836 Student fees in the base budget plus student fee revenues
2837 generated by increases in fee rates shall be deducted from the
2838 sum of the components determined in subparagraphs 1.-5. The
2839 amount remaining shall be the net annual state apportionment to
2840 each college.
2841 Section 45. Section 1012.44, Florida Statutes, is amended
2842 to read:
2843 1012.44 Qualifications for certain persons providing
2844 speech-language services.—The State Board of Education shall
2845 adopt rules for speech-language services to school districts
2846 that qualify for additional full-time equivalent membership
2847 under s. 1011.62(1)(f) the sparsity supplement as described in
2848 s. 1011.62(7). These services may be provided by baccalaureate
2849 degree level persons for a period of 3 years. The rules shall
2850 authorize the delivery of speech-language services by
2851 baccalaureate degree level persons under the direction of a
2852 certified speech-language pathologist with a master’s degree or
2853 higher.
2854 Section 46. Subsections (1) and (4) of section 1012.584,
2855 Florida Statutes, are amended to read:
2856 1012.584 Continuing education and inservice training for
2857 youth mental health awareness and assistance.—
2858 (1) Beginning with the 2018-2019 school year, The
2859 Department of Education shall establish an evidence-based youth
2860 mental health awareness and assistance training program to help
2861 school personnel identify and understand the signs of emotional
2862 disturbance, mental illness, and substance use disorders and
2863 provide such personnel with the skills to help a person who is
2864 developing or experiencing an emotional disturbance, mental
2865 health, or substance use problem.
2866 (4) Each school district shall notify all school personnel
2867 who have received training pursuant to this section of mental
2868 health services that are available in the school district, and
2869 the individual to contact if a student needs services. The term
2870 “mental health services” includes, but is not limited to,
2871 community mental health services, health care providers, and
2872 services provided under ss. 1006.04 and 1006.041 ss. 1006.04 and
2873 1011.62(13).
2874 Section 47. Paragraph (b) of subsection (2) of section
2875 1012.586, Florida Statutes, is amended to read:
2876 1012.586 Additions or changes to certificates; duplicate
2877 certificates; reading endorsement pathways.—
2878 (2)
2879 (b) As part of adopting a pathway pursuant to paragraph
2880 (a), the department shall review the competencies for the
2881 reading endorsement and subject area examinations for educator
2882 certificates identified pursuant to s. 1012.585(3)(f) for
2883 alignment with evidence-based instructional and intervention
2884 strategies rooted in the science of reading and identified
2885 pursuant to s. 1001.215(7) s. 1001.215(8) and recommend changes
2886 to the State Board of Education. Recommended changes must
2887 address identification of the characteristics of conditions such
2888 as dyslexia, implementation of evidence-based classroom
2889 instruction and interventions, including evidence-based reading
2890 instruction and interventions specifically for students with
2891 characteristics of dyslexia, and effective progress monitoring.
2892 By July 1, 2023, each school district reading endorsement add-on
2893 program must be resubmitted for approval by the department
2894 consistent with this paragraph.
2895 Section 48. Section 1012.71, Florida Statutes, is amended
2896 to read:
2897 1012.71 The Florida Teachers Classroom Supply Assistance
2898 Program.—
2899 (1) For purposes of the Florida Teachers Classroom Supply
2900 Assistance Program, the term “classroom teacher” means a
2901 certified teacher employed by a public school district or a
2902 public charter school in that district on or before September 1
2903 of each year whose full-time or job-share responsibility is the
2904 classroom instruction of students in prekindergarten through
2905 grade 12, including full-time media specialists and certified
2906 school counselors serving students in prekindergarten through
2907 grade 12, who are funded through the Florida Education Finance
2908 Program. A “job-share” classroom teacher is one of two teachers
2909 whose combined full-time equivalent employment for the same
2910 teaching assignment equals one full-time classroom teacher.
2911 (2) The amount of funds per classroom teacher for the
2912 Florida Teachers Classroom Supply Assistance Program shall be
2913 specified The Legislature, in the General Appropriations Act,
2914 shall determine funding for the Florida Teachers Classroom
2915 Supply Assistance Program. Classroom teachers shall use the
2916 funds appropriated are for classroom teachers to purchase, on
2917 behalf of the school district or charter school, classroom
2918 materials and supplies for the public school students assigned
2919 to them and may not be used to purchase equipment. The funds
2920 appropriated shall be used to supplement the materials and
2921 supplies otherwise available to classroom teachers. From the
2922 funds appropriated for the Florida Teachers Classroom Supply
2923 Assistance Program, the Commissioner of Education shall
2924 calculate an amount for each school district based upon each
2925 school district’s proportionate share of the state’s total
2926 unweighted FTE student enrollment and shall disburse the funds
2927 to the school districts by July 15.
2928 (3) From the funds allocated to each school district and
2929 any funds received from local contributions for the Florida
2930 Teachers Classroom Supply Assistance Program, the district
2931 school board shall calculate an identical amount for each
2932 classroom teacher who is estimated to be employed by the school
2933 district or a charter school in the district on September 1 of
2934 each year, which is that teacher’s proportionate share of the
2935 total amount allocated to the district from state funds and
2936 funds received from local contributions. A job-share classroom
2937 teacher may receive a prorated share of the amount provided to a
2938 full-time classroom teacher. For a classroom teachers teacher
2939 determined eligible on July 1, the district school board and
2940 each charter school board shall may provide such classroom
2941 teachers the teacher with their amount as specified in the
2942 General Appropriations Act his or her total proportionate share
2943 by August 1. For classroom teachers based on the estimate of the
2944 number of teachers who will be employed on September 1. For a
2945 classroom teacher determined eligible after July 1, the district
2946 school board and each charter school board shall provide such
2947 classroom teachers with their amount as specified in the General
2948 Appropriations Act the teacher with his or her total
2949 proportionate share by September 30. A job-share classroom
2950 teacher may receive a prorated share of the amount provided to a
2951 full-time classroom teacher The proportionate share may be
2952 provided by any means determined appropriate by the district
2953 school board or charter school board, including, but not limited
2954 to, direct deposit, check, debit card, or purchasing card. If a
2955 debit card is used, an identifier must be placed on the front of
2956 the debit card which clearly indicates that the card has been
2957 issued for the Florida Teachers Classroom Supply Assistance
2958 Program. Expenditures under the program are not subject to state
2959 or local competitive bidding requirements. Funds received by a
2960 classroom teacher do not affect wages, hours, or terms and
2961 conditions of employment and, therefore, are not subject to
2962 collective bargaining. Any classroom teacher may decline receipt
2963 of or return the funds without explanation or cause.
2964 (4) The Department of Education shall administer a
2965 competitive procurement through which eligible classroom
2966 teachers may purchase classroom materials and supplies.
2967 Annually, by September 1, each school district shall submit to
2968 the department:
2969 (a) The name of each eligible classroom teacher.
2970 (b) The proportionate share of the amount as specified in
2971 the General Appropriations Act for each eligible job-share
2972 classroom teacher.
2973 (c) The name and Master School Identification Number of the
2974 school in which the eligible classroom teacher is assigned.
2975 (d) Any other information necessary for the administration
2976 of the program as determined by the department.
2977 (5)(4) Each classroom teacher must sign a statement
2978 acknowledging receipt of the funds, keep receipts for no less
2979 than 4 years to show that funds expended meet the requirements
2980 of this section, and return any unused funds to the district
2981 school board at the end of the regular school year. Any unused
2982 funds that are returned to the district school board shall be
2983 deposited into the school advisory council account of the school
2984 at which the classroom teacher returning the funds was employed
2985 when that teacher received the funds were made available to the
2986 classroom teacher. If the school does not have a school advisory
2987 council, the funds shall be expended for classroom materials and
2988 supplies as determined by the school principal or deposited into
2989 the Florida Teachers Classroom Supply Assistance Program account
2990 of the school district in which a charter school is sponsored,
2991 as applicable.
2992 (5) The statement must be signed and dated by each
2993 classroom teacher before receipt of the Florida Teachers
2994 Classroom Supply Assistance Program funds and shall include the
2995 wording: “I, ...(name of teacher)..., am employed by the
2996 ....County District School Board or by the ....Charter School as
2997 a full-time classroom teacher. I acknowledge that Florida
2998 Teachers Classroom Supply Assistance Program funds are
2999 appropriated by the Legislature for the sole purpose of
3000 purchasing classroom materials and supplies to be used in the
3001 instruction of students assigned to me. In accepting custody of
3002 these funds, I agree to keep the receipts for all expenditures
3003 for no less than 4 years. I understand that if I do not keep the
3004 receipts, it will be my personal responsibility to pay any
3005 federal taxes due on these funds. I also agree to return any
3006 unexpended funds to the district school board at the end of the
3007 regular school year for deposit into the school advisory council
3008 account of the school where I was employed at the time I
3009 received the funds or for deposit into the Florida Teachers
3010 Classroom Supply Assistance Program account of the school
3011 district in which the charter school is sponsored, as
3012 applicable.”
3013 (6) The Department of Education and district school boards
3014 may, and are encouraged to, enter into public-private
3015 partnerships in order to increase the total amount of Florida
3016 Teachers Classroom Supply Assistance Programs funds available to
3017 classroom teachers.
3018 Section 49. Section 1012.715, Florida Statutes, is created
3019 to read:
3020 1012.715 Heroes in the classroom sign-on bonus.—
3021 (1) PURPOSE.—Subject to legislative appropriation, the
3022 Department of Education shall provide a one-time sign-on bonus,
3023 as provided in the General Appropriations Act, to honorably
3024 discharged or retired military veterans and retired first
3025 responders, as defined in s. 112.1815(1), who commit to joining
3026 the teaching profession as a full-time classroom teacher. An
3027 honorably discharged or retired military veteran or retired
3028 first responder may receive an additional bonus for teaching a
3029 course in a high-demand teacher need area, as identified by the
3030 department pursuant to paragraph (3)(e).
3031 (2) ELIGIBILITY.—To be eligible to receive a sign-on bonus,
3032 an applicant must be an honorably discharged or retired military
3033 veteran or retired first responder and provide the following to
3034 the department:
3035 (a) Documentation of his or her honorable discharge or
3036 retirement.
3037 (b) Documentation that he or she was not subject to any
3038 disciplinary action during the last 5 years of his or her
3039 employment as a servicemember in the United States Armed Forces
3040 or as a first responder. The term “disciplinary action” includes
3041 suspensions, dismissals, and involuntary demotions that were
3042 associated with disciplinary actions.
3043 (c) A copy of his or her professional certificate or
3044 temporary certificate issued pursuant to s. 1012.56(7).
3045 (d) Documentation that he or she agrees to maintain
3046 employment with the school district or charter school for a
3047 minimum of 2 consecutive school years upon receipt of the sign
3048 on bonus. An individual who accepts a sign-on bonus pursuant to
3049 this section but fails to maintain his or her employment
3050 pursuant to this paragraph must reimburse the department the
3051 amount of the sign-on bonus in a manner prescribed by the
3052 department.
3053 (3) DEPARTMENT OF EDUCATION RESPONSIBILITIES.—The
3054 department shall distribute bonuses pursuant to this section
3055 and, at a minimum, must:
3056 (a) Establish a method for determining the estimated number
3057 of eligible honorably discharged or retired military veterans
3058 and retired first responders to be hired in the applicable
3059 fiscal year.
3060 (b) Establish additional minimum criteria necessary for an
3061 individual to be eligible for a sign-on bonus.
3062 (c) Establish an estimated cost to the department for
3063 developing and administering the bonus program.
3064 (d) Establish a method for an individual to reimburse the
3065 department if he or she receives the sign-on bonus but does not
3066 maintain employment for the required consecutive 2-year period.
3067 (e) Identify courses that are in high-demand teacher need
3068 areas in which honorably discharged or retired military veterans
3069 or retired first responders may teach to be eligible for an
3070 additional bonus.
3071 (4) SCHOOL DISTRICT RESPONSIBILITIES.—A school district
3072 that employs an eligible honorably discharged or retired
3073 military veteran or retired first responder must:
3074 (a) Provide any necessary information requested by the
3075 department.
3076 (b) In a manner established by the department, notify the
3077 eligible honorably discharged or retired military veteran or
3078 retired first responder that employment may impact his or her
3079 pension from a previous employer.
3080 (5) RULEMAKING.—The State Board of Education may adopt
3081 rules to implement this section.
3082 Section 50. The Division of Law Revision is directed to
3083 revise the title of subpart D. of part I of chapter 1011,
3084 Florida Statutes, consisting of ss. 1011.55-1011.59, Florida
3085 Statutes, to read “Florida School for the Deaf and the Blind and
3086 Florida School for Competitive Academics: Preparation, Adoption,
3087 and Implementation of Budgets” to conform to the amendments made
3088 by this act.
3089 Section 51. This act shall take effect July 1, 2023.
3090
3091 ================= T I T L E A M E N D M E N T ================
3092 And the title is amended as follows:
3093 Delete everything before the enacting clause
3094 and insert:
3095 A bill to be entitled
3096 An act relating to education; amending s. 11.45, F.S.;
3097 revising the duties of the Auditor General to conform
3098 to changes made by the act; amending s. 110.1228,
3099 F.S.; conforming a cross-reference; amending s.
3100 216.251, F.S.; providing the manner of setting
3101 salaries for positions within the Florida School for
3102 Competitive Academics; amending s. 402.22, F.S.;
3103 conforming a cross-reference; amending s. 447.203,
3104 F.S.; revising the definition of the terms “public
3105 employer” or “employer” to include the Florida School
3106 for Competitive Academics for purposes of part II of
3107 ch. 447, F.S.; making technical changes; amending s.
3108 1000.04, F.S.; revising the components of the delivery
3109 of public education within the Florida Early Learning
3110 20 education system to include the Florida School for
3111 Competitive Academics; amending s. 1001.20, F.S.;
3112 revising the powers of the Department of Education’s
3113 Office of Inspector General to conform to changes made
3114 by the act; amending s. 1001.215, F.S.; revising
3115 duties of the Just Read, Florida! Office; reenacting
3116 and amending s. 1001.26(1), F.S.; requiring the
3117 department to provide funds to certain radio stations;
3118 amending s. 1001.42, F.S.; providing an exemption from
3119 collective bargaining requirements under specified
3120 circumstances; amending s. 1001.43, F.S.; authorizing
3121 district school boards to adopt policies for an
3122 enrollment fee for specified summer courses; providing
3123 fee requirements; amending s. 1002.32, F.S.; revising
3124 funding requirements for developmental research
3125 schools; conforming provisions to changes made by the
3126 act; creating s. 1002.351, F.S.; providing for the
3127 establishment of the Florida School for Competitive
3128 Academics; providing for the purpose and mission of
3129 the school; requiring the school to be included in a
3130 certain online portal; requiring the portal to include
3131 information for parents on submitting educational
3132 records for admission purposes; providing for the
3133 appointment of the board of trustees; prescribing the
3134 powers and duties of the board of trustees; providing
3135 sovereign immunity to the board of trustees;
3136 specifying the board’s duties regarding the
3137 maintenance of student and employee records; providing
3138 requirements regarding background screening of school
3139 personnel; specifying duties of the board regarding
3140 personnel; requiring the Auditor General to conduct
3141 audits of the school; authorizing the department’s
3142 Office of Inspector General to conduct investigations,
3143 as appropriate; exempting the school from specified
3144 requirements in the Florida Early Learning-20
3145 Education Code; providing exceptions; specifying
3146 applicability of certain provisions of law; amending
3147 s. 1002.37, F.S.; revising funding requirements for
3148 the Florida Virtual School; conforming provisions to
3149 changes made by the act; amending s. 1002.394, F.S.;
3150 revising funding requirements for the Family
3151 Empowerment Scholarship Program; conforming cross
3152 references and provisions to changes made by the act;
3153 amending s. 1002.45, F.S.; revising the enrollment
3154 limitation on certain students; conforming cross
3155 references and provisions to changes made by the act;
3156 amending ss. 1002.59, 1002.71, 1002.84, and 1002.89,
3157 F.S.; conforming provisions and cross-references to
3158 changes made by the act; amending s. 1002.995, F.S.;
3159 revising eligibility requirements for providing
3160 incentives to school readiness personnel; amending s.
3161 1003.03, F.S.; conforming a provision to changes made
3162 by the act; creating s. 1003.4201, F.S.; requiring
3163 school districts to implement a system of
3164 comprehensive reading instruction for specified
3165 students that includes a specified plan; providing
3166 plan requirements; providing school district and
3167 department requirements; defining the term “evidence
3168 based”; amending ss. 1003.485, 1003.621, and 1004.935,
3169 F.S.; conforming provisions and cross-references to
3170 changes made by the act; creating s. 1006.041, F.S.;
3171 requiring school districts to implement a school-based
3172 mental health assistance program for specified
3173 students that includes a specified plan; providing
3174 plan and school district requirements; amending s.
3175 1006.07, F.S.; conforming provisions to changes made
3176 by the act; amending s. 1006.1493, F.S.; requiring
3177 school districts to annually report specified
3178 information relating to the Florida Safe Schools
3179 Assessment Tool to the Office of Safe Schools;
3180 amending s. 1006.28, F.S.; defining the term “library
3181 media center”; requiring district school
3182 superintendents to annually certify specified
3183 information to the Commissioner of Education;
3184 exempting certain instructional materials from
3185 specified procedures; amending s. 1006.40, F.S.;
3186 revising requirements for the instructional materials
3187 allocation and the purchase of instructional
3188 materials; conforming provisions to changes made by
3189 the act; amending s. 1007.271, F.S.; requiring school
3190 districts to pay for the cost of specified
3191 instructional materials; amending ss. 1008.25 and
3192 1008.345, F.S.; conforming provisions and cross
3193 references to changes made by the act; amending s.
3194 1008.365, F.S.; revising requirements for the Reading
3195 Achievement Initiative for Scholastic Excellence
3196 Program; conforming cross-references; amending s.
3197 1010.20, F.S.; conforming cross-references; creating
3198 s. 1011.58, F.S.; prescribing procedures for the
3199 Florida School for Competitive Academics submission of
3200 legislative budget requests; requiring the school to
3201 submit an implementation plan to the department;
3202 requiring the Commissioner of Education to include the
3203 school in the department’s legislative budget request,
3204 subject to specified conditions; requiring the school
3205 to submit its fixed capital outlay request to the
3206 department; creating s. 1011.59, F.S.; prescribing
3207 procedures and requirements governing the request and
3208 the appropriation of funds for the operation of the
3209 Florida School for Competitive Academics; requiring
3210 the school’s board of trustees to develop an annual
3211 operating budget; requiring the Chief Financial
3212 Officer to transfer or reallocate funds, subject to
3213 specified conditions; requiring the board to establish
3214 authorized positions within funds appropriated to the
3215 school; providing for the carryforward of any
3216 unexpended funds; amending s. 1011.61, F.S.;
3217 conforming cross-references; amending s. 1011.62,
3218 F.S.; revising provisions relating to the Florida
3219 Education Finance Program; revising the calculation of
3220 the cost factor for secondary career education
3221 programs, the annual allocation to each school
3222 district, and the funding model for exceptional
3223 student education programs; creating the calculation
3224 of additional full-time equivalent membership for
3225 small school district exceptional student education
3226 and the small district factor; providing requirements
3227 for such calculation and factor; deleting the
3228 supplemental academic instruction allocation; renaming
3229 the “district cost differential” as the “comparable
3230 wage factor”; revising the calculation of such factor;
3231 creating the state-funded discretionary contribution;
3232 providing requirements for such contribution; creating
3233 the educational enrichment allocation and the
3234 exceptional student education guaranteed allocation;
3235 providing requirements for such allocations; deleting
3236 the categorical funds, determination of sparsity
3237 supplement, evidence-based reading instruction
3238 allocation, requirements for computation of prior year
3239 district required local effort, and turnaround school
3240 supplemental services allocation; revising the
3241 calculation of the supplemental allocation for
3242 juvenile justice education programs; revising
3243 requirements for the safe schools allocation and the
3244 mental health assistance allocation; renaming the
3245 teacher salary increase allocation as the classroom
3246 teacher and other instructional personnel salary
3247 increase; revising the requirements for such funding;
3248 creating the state-funded discretionary supplement,
3249 the categorical funds, and the educational enrollment
3250 stabilization program; providing requirements for the
3251 supplement, funds, and program; deleting the
3252 calculations for the computation of prior year
3253 district required local effort and the turnaround
3254 school supplemental services allocation; conforming
3255 provisions and cross-references to changes made by the
3256 act; amending s. 1011.622, F.S.; conforming a cross
3257 reference; repealing s. 1011.67, F.S., relating to
3258 funds for instructional materials; amending ss.
3259 1011.69, 1011.84, 1012.44, 1012.584, and 1012.586,
3260 F.S.; conforming provisions and cross-references to
3261 changes made by the act; amending s. 1012.71, F.S.;
3262 revising provisions for the calculation of Florida
3263 Teachers Classroom Supply Assistance Program funds;
3264 deleting provisions relating to the distribution of
3265 program funds; requiring the department to administer
3266 a competitive procurement through which eligible
3267 classroom teachers may purchase classroom materials
3268 and supplies; requiring school districts to provide
3269 certain information to the department annually by a
3270 specified date; deleting a requirement that classroom
3271 teachers sign a specified statement; revising
3272 requirements for unused funds; creating s. 1012.715,
3273 F.S.; requiring the department to provide a one-time
3274 sign-on bonus to honorably discharged and retired
3275 military veterans and retired first responders who
3276 join the teaching profession; providing eligibility
3277 criteria; providing for an additional bonus under
3278 certain circumstances; providing department and school
3279 district responsibilities; authorizing the State Board
3280 of Education to adopt rules; providing a directive to
3281 the Division of Law Revision; providing an effective
3282 date.