Florida Senate - 2023 SB 826
By Senator Stewart
17-01439-23 2023826__
1 A bill to be entitled
2 An act relating to standard high school diploma award
3 requirements; amending s. 1002.3105, F.S.; adding a
4 new requirement for the award of a standard high
5 school diploma to Academically Challenging Curriculum
6 to Enhance Learning students; amending s. 1003.4282,
7 F.S.; requiring students, beginning with those
8 entering grade 9 in a specified school year, to submit
9 a Free Application for Federal Student Aid in order to
10 be awarded a standard high school diploma; providing
11 an exemption; amending s. 1003.5716, F.S.; conforming
12 cross-references; reenacting s. 1003.03(3)(c), F.S.,
13 relating to maximum class size, to incorporate the
14 amendment made to s. 1002.3105, F.S., in a reference
15 thereto; reenacting ss. 1002.20(8), 1003.4281(1),
16 1003.4285(1), 1003.5716(1), and 1011.62(1)(n), F.S.,
17 relating to K-12 student and parent rights, early high
18 school graduation, standard high school diploma
19 designations, transition to postsecondary education
20 and career opportunities, and funds for operation of
21 schools, respectively, to incorporate the amendment
22 made to s. 1003.4282, F.S., in references thereto;
23 reenacting ss. 409.1451(2)(a), 1002.33(7)(a),
24 1002.34(4)(g), 1002.45(4)(b), 1003.49(1), 1004.935(1),
25 1006.15(3)(a), 1009.531(1)(b), and 1009.893(4), F.S.,
26 relating to the Road-to-Independence Program, charter
27 schools, charter technical career centers, virtual
28 instruction programs, graduation and promotion
29 requirements for publicly operated schools, the Adults
30 with Disabilities Workforce Education Program,
31 standards for participation in interscholastic and
32 intrascholastic extracurricular student activities,
33 the Florida Bright Futures Scholarship Program, and
34 the Benacquisto Scholarship Program, respectively, to
35 incorporate the amendments made to ss. 1002.3105 and
36 1003.4282, F.S., in references thereto; providing an
37 effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Subsection (5) of section 1002.3105, Florida
42 Statutes, is amended to read:
43 1002.3105 Academically Challenging Curriculum to Enhance
44 Learning (ACCEL) options.—
45 (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who
46 meets the following grade 9 cohort graduation requirements shall
47 be awarded a standard high school diploma in a form prescribed
48 by the State Board of Education:
49 (a) The applicable grade 9 cohort graduation requirements
50 of s. 1003.4282(3)(a)-(e);
51 (b)1. For a student who enters grade 9 before the 2023-2024
52 school year, earn three credits in electives; or
53 2. For a student who enters grade 9 in the 2023-2024 school
54 year and thereafter, earn two and one-half credits in electives
55 and one-half credit in financial literacy; and
56 (c) Earn a cumulative grade point average (GPA) of 2.0 on a
57 4.0 scale; and
58 (d) Submit a Free Application for Federal Student Aid
59 pursuant to s. 1003.4282(5).
60 Section 2. Present subsections (5) through (11) of section
61 1003.4282, Florida Statutes, are redesignated as subsections (6)
62 through (12), respectively, and a new subsection (5) is added to
63 that section, to read:
64 1003.4282 Requirements for a standard high school diploma.—
65 (5) FREE APPLICATION FOR FEDERAL STUDENT AID REQUIREMENT.
66 Beginning with students entering grade 9 in the 2024-2025 school
67 year, a student must submit a Free Application for Federal
68 Student Aid in order to be awarded a standard high school
69 diploma. However, a student is exempt from this subsection if
70 the student’s parent or the student, if he or she is 18 years of
71 age or older, submits a letter to the school district declining
72 to submit the Free Application for Federal Student Aid.
73 Section 3. Paragraphs (a) and (b) of subsection (2) of
74 section 1003.5716, Florida Statutes, are amended to read:
75 1003.5716 Transition to postsecondary education and career
76 opportunities.—All students with disabilities who are 3 years of
77 age to 21 years of age have the right to a free, appropriate
78 public education. As used in this section, the term “IEP” means
79 individual education plan.
80 (2) Beginning not later than the first IEP to be in effect
81 when the student enters high school, attains the age of 14, or
82 when determined appropriate by the parent and the IEP team,
83 whichever occurs first, the IEP must include the following
84 statements that must be updated annually:
85 (a) A statement of intent to pursue a standard high school
86 diploma and a Scholar or Merit designation, pursuant to s.
87 1003.4285, as determined by the parent.
88 1. The statement must document discussion of the process
89 for a student with a disability who meets the requirements for a
90 standard high school diploma to defer the receipt of such
91 diploma pursuant to s. 1003.4282(10)(c) s. 1003.4282(9)(c).
92 2. For the IEP in effect at the beginning of the school
93 year the student is expected to graduate, the statement must
94 include a signed statement by the parent, the guardian, or the
95 student, if the student has reached the age of majority and
96 rights have transferred to the student, that he or she
97 understands the process for deferment and identifying if the
98 student will defer the receipt of his or her standard high
99 school diploma.
100 (b) A statement of intent to receive a standard high school
101 diploma before the student attains the age of 22 and a
102 description of how the student will fully meet the requirements
103 in s. 1003.4282, including, but not limited to, a portfolio
104 pursuant to s. 1003.4282(10)(b) s. 1003.4282(9)(b) which meets
105 the criteria specified in State Board of Education rule. The IEP
106 must also specify the outcomes and additional benefits expected
107 by the parent and the IEP team at the time of the student’s
108 graduation.
109 Section 4. For the purpose of incorporating the amendment
110 made by this act to section 1002.3105, Florida Statutes, in a
111 reference thereto, paragraph (c) of subsection (3) of section
112 1003.03, Florida Statutes, is reenacted to read:
113 1003.03 Maximum class size.—
114 (3) IMPLEMENTATION OPTIONS.—District school boards must
115 consider, but are not limited to, implementing the following
116 items in order to meet the constitutional class size maximums
117 described in subsection (1):
118 (c)1. Repeal district school board policies that require
119 students to earn more than the 24 credits to graduate from high
120 school.
121 2. Implement the early graduation options provided in ss.
122 1002.3105(5) and 1003.4281.
123 Section 5. For the purpose of incorporating the amendment
124 made by this act to section 1003.4282, Florida Statutes, in a
125 reference thereto, subsection (8) of section 1002.20, Florida
126 Statutes, is reenacted to read:
127 1002.20 K-12 student and parent rights.—Parents of public
128 school students must receive accurate and timely information
129 regarding their child’s academic progress and must be informed
130 of ways they can help their child to succeed in school. K-12
131 students and their parents are afforded numerous statutory
132 rights including, but not limited to, the following:
133 (8) STUDENTS WITH DISABILITIES.—Parents of public school
134 students with disabilities and parents of public school students
135 in residential care facilities are entitled to notice and due
136 process in accordance with the provisions of ss. 1003.57 and
137 1003.58. Public school students with disabilities must be
138 provided the opportunity to meet the graduation requirements for
139 a standard high school diploma as set forth in s. 1003.4282 in
140 accordance with the provisions of ss. 1003.57 and 1008.22.
141 Section 6. For the purpose of incorporating the amendment
142 made by this act to section 1003.4282, Florida Statutes, in a
143 reference thereto, subsection (1) of section 1003.4281, Florida
144 Statutes, is reenacted to read:
145 1003.4281 Early high school graduation.—
146 (1) The purpose of this section is to provide a student the
147 option of early graduation and receipt of a standard high school
148 diploma if the student earns 24 credits and meets the graduation
149 requirements set forth in s. 1003.4282. For purposes of this
150 section, the term “early graduation” means graduation from high
151 school in less than 8 semesters or the equivalent.
152 Section 7. For the purpose of incorporating the amendment
153 made by this act to section 1003.4282, Florida Statutes, in a
154 reference thereto, subsection (1) of section 1003.4285, Florida
155 Statutes, is reenacted to read:
156 1003.4285 Standard high school diploma designations.—
157 (1) Each standard high school diploma shall include, as
158 applicable, the following designations if the student meets the
159 criteria set forth for the designation:
160 (a) Scholar designation.—In addition to the requirements of
161 s. 1003.4282, in order to earn the Scholar designation, a
162 student must satisfy the following requirements:
163 1. Mathematics.—Earn one credit in Algebra II or an equally
164 rigorous course and one credit in statistics or an equally
165 rigorous course. Beginning with students entering grade 9 in the
166 2014-2015 school year, pass the Geometry statewide, standardized
167 assessment.
168 2. Science.—Pass the statewide, standardized Biology I EOC
169 assessment and earn one credit in chemistry or physics and one
170 credit in a course equally rigorous to chemistry or physics.
171 However, a student enrolled in an Advanced Placement (AP),
172 International Baccalaureate (IB), or Advanced International
173 Certificate of Education (AICE) Biology course who takes the
174 respective AP, IB, or AICE Biology assessment and earns the
175 minimum score necessary to earn college credit as identified
176 pursuant to s. 1007.27(2) meets the requirement of this
177 subparagraph without having to take the statewide, standardized
178 Biology I EOC assessment.
179 3. Social studies.—Pass the statewide, standardized United
180 States History EOC assessment. However, a student enrolled in an
181 AP, IB, or AICE course that includes United States History
182 topics who takes the respective AP, IB, or AICE assessment and
183 earns the minimum score necessary to earn college credit as
184 identified pursuant to s. 1007.27(2) meets the requirement of
185 this subparagraph without having to take the statewide,
186 standardized United States History EOC assessment.
187 4. Foreign language.—Earn two credits in the same foreign
188 language.
189 5. Electives.—Earn at least one credit in an Advanced
190 Placement, an International Baccalaureate, an Advanced
191 International Certificate of Education, or a dual enrollment
192 course.
193 (b) Merit designation.—In addition to the requirements of
194 s. 1003.4282, in order to earn the Merit designation, a student
195 must attain one or more industry certifications from the list
196 established under s. 1003.492.
197 Section 8. For the purpose of incorporating the amendment
198 made by this act to section 1003.4282, Florida Statutes, in a
199 reference thereto, subsection (1) of section 1003.5716, Florida
200 Statutes, is reenacted to read:
201 1003.5716 Transition to postsecondary education and career
202 opportunities.—All students with disabilities who are 3 years of
203 age to 21 years of age have the right to a free, appropriate
204 public education. As used in this section, the term “IEP” means
205 individual education plan.
206 (1) To ensure quality planning for a successful transition
207 of a student with a disability to postsecondary education and
208 career opportunities, during the student’s seventh grade year or
209 when the student attains the age of 12, whichever occurs first,
210 an IEP team shall begin the process of, and develop an IEP for,
211 identifying the need for transition services before the student
212 with a disability enters high school or attains the age of 14
213 years, whichever occurs first, in order for his or her
214 postsecondary goals and career goals to be identified. The plan
215 must be operational and in place to begin implementation on the
216 first day of the student’s first year in high school. This
217 process must include, but is not limited to:
218 (a) Consideration of the student’s need for instruction in
219 the area of self-determination and self-advocacy to assist the
220 student’s active and effective participation in an IEP meeting;
221 (b) Preparation for the student to graduate from high
222 school with a standard high school diploma pursuant to s.
223 1003.4282 with a Scholar designation unless the parent chooses a
224 Merit designation; and
225 (c) Provision of the information to the student and his or
226 her parent of the school district’s high school-level transition
227 services, career and technical education, and collegiate
228 programs available to students with disabilities and how to
229 access such programs. Information shall also be provided on
230 school-based transition programs and programs and services
231 available through Florida’s Center for Students with Unique
232 Abilities, the Florida Centers for Independent Living, the
233 Division of Vocational Rehabilitation, the Agency for Persons
234 with Disabilities, and the Division of Blind Services. Referral
235 forms, links, and technical support contacts for these services
236 must be provided to students and parents at IEP meetings.
237 Section 9. For the purpose of incorporating the amendment
238 made by this act to section 1003.4282, Florida Statutes, in a
239 reference thereto, paragraph (n) of subsection (1) of section
240 1011.62, Florida Statutes, is reenacted to read:
241 1011.62 Funds for operation of schools.—If the annual
242 allocation from the Florida Education Finance Program to each
243 district for operation of schools is not determined in the
244 annual appropriations act or the substantive bill implementing
245 the annual appropriations act, it shall be determined as
246 follows:
247 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
248 OPERATION.—The following procedure shall be followed in
249 determining the annual allocation to each district for
250 operation:
251 (n) Calculation of additional full-time equivalent
252 membership based on college board advanced placement scores of
253 students and earning college board advanced placement capstone
254 diplomas.—A value of 0.16 full-time equivalent student
255 membership shall be calculated for each student in each advanced
256 placement course who receives a score of 3 or higher on the
257 College Board Advanced Placement Examination for the prior year
258 and added to the total full-time equivalent student membership
259 in basic programs for grades 9 through 12 in the subsequent
260 fiscal year. A value of 0.3 full-time equivalent student
261 membership shall be calculated for each student who receives a
262 College Board Advanced Placement Capstone Diploma and meets the
263 requirements for a standard high school diploma under s.
264 1003.4282. Such value shall be added to the total full-time
265 equivalent student membership in basic programs for grades 9
266 through 12 in the subsequent fiscal year. Each district must
267 allocate at least 80 percent of the funds provided to the
268 district for advanced placement instruction, in accordance with
269 this paragraph, to the high school that generates the funds. The
270 school district shall distribute to each classroom teacher who
271 provided advanced placement instruction:
272 1. A bonus in the amount of $50 for each student taught by
273 the Advanced Placement teacher in each advanced placement course
274 who receives a score of 3 or higher on the College Board
275 Advanced Placement Examination.
276 2. An additional bonus of $500 to each Advanced Placement
277 teacher in a school designated with a grade of “D” or “F” who
278 has at least one student scoring 3 or higher on the College
279 Board Advanced Placement Examination, regardless of the number
280 of classes taught or of the number of students scoring a 3 or
281 higher on the College Board Advanced Placement Examination.
282
283 Bonuses awarded under this paragraph shall be in addition to any
284 regular wage or other bonus the teacher received or is scheduled
285 to receive. For such courses, the teacher shall earn an
286 additional bonus of $50 for each student who has a qualifying
287 score.
288 Section 10. For the purpose of incorporating the amendments
289 made by this act to sections 1002.3105 and 1003.4282, Florida
290 Statutes, in references thereto, paragraph (a) of subsection (2)
291 of section 409.1451, Florida Statutes, is reenacted to read:
292 409.1451 The Road-to-Independence Program.—
293 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
294 (a) A young adult is eligible for services and support
295 under this subsection if he or she:
296 1. Was living in licensed care on his or her 18th birthday
297 or is currently living in licensed care; or was at least 16
298 years of age and was adopted from foster care or placed with a
299 court-approved dependency guardian after spending at least 6
300 months in licensed care within the 12 months immediately
301 preceding such placement or adoption;
302 2. Spent at least 6 months in licensed care before reaching
303 his or her 18th birthday;
304 3. Earned a standard high school diploma pursuant to s.
305 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
306 pursuant to s. 1003.435;
307 4. Has been admitted for enrollment as a full-time student
308 or its equivalent in an eligible postsecondary educational
309 institution as provided in s. 1009.533. For purposes of this
310 section, the term “full-time” means 9 credit hours or the
311 vocational school equivalent. A student may enroll part-time if
312 he or she has a recognized disability or is faced with another
313 challenge or circumstance that would prevent full-time
314 attendance. A student needing to enroll part-time for any reason
315 other than having a recognized disability must get approval from
316 his or her academic advisor;
317 5. Has reached 18 years of age but is not yet 23 years of
318 age;
319 6. Has applied, with assistance from the young adult’s
320 caregiver and the community-based lead agency, for any other
321 grants and scholarships for which he or she may qualify;
322 7. Submitted a Free Application for Federal Student Aid
323 which is complete and error free; and
324 8. Signed an agreement to allow the department and the
325 community-based care lead agency access to school records.
326 Section 11. For the purpose of incorporating the amendments
327 made by this act to sections 1002.3105 and 1003.4282, Florida
328 Statutes, in references thereto, paragraph (a) of subsection (7)
329 of section 1002.33, Florida Statutes, is reenacted to read:
330 1002.33 Charter schools.—
331 (7) CHARTER.—The terms and conditions for the operation of
332 a charter school, including a virtual charter school, shall be
333 set forth by the sponsor and the applicant in a written
334 contractual agreement, called a charter. The sponsor and the
335 governing board of the charter school or virtual charter school
336 shall use the standard charter contract or standard virtual
337 charter contract, respectively, pursuant to subsection (21),
338 which shall incorporate the approved application and any addenda
339 approved with the application. Any term or condition of a
340 proposed charter contract or proposed virtual charter contract
341 that differs from the standard charter or virtual charter
342 contract adopted by rule of the State Board of Education shall
343 be presumed a limitation on charter school flexibility. The
344 sponsor may not impose unreasonable rules or regulations that
345 violate the intent of giving charter schools greater flexibility
346 to meet educational goals. The charter shall be signed by the
347 governing board of the charter school and the sponsor, following
348 a public hearing to ensure community input.
349 (a) The charter shall address and criteria for approval of
350 the charter shall be based on:
351 1. The school’s mission, the types of students to be
352 served, and, for a virtual charter school, the types of students
353 the school intends to serve who reside outside of the sponsoring
354 school district, and the ages and grades to be included.
355 2. The focus of the curriculum, the instructional methods
356 to be used, any distinctive instructional techniques to be
357 employed, and identification and acquisition of appropriate
358 technologies needed to improve educational and administrative
359 performance which include a means for promoting safe, ethical,
360 and appropriate uses of technology which comply with legal and
361 professional standards.
362 a. The charter shall ensure that reading is a primary focus
363 of the curriculum and that resources are provided to identify
364 and provide specialized instruction for students who are reading
365 below grade level. The curriculum and instructional strategies
366 for reading must be consistent with the Next Generation Sunshine
367 State Standards and grounded in scientifically based reading
368 research.
369 b. In order to provide students with access to diverse
370 instructional delivery models, to facilitate the integration of
371 technology within traditional classroom instruction, and to
372 provide students with the skills they need to compete in the
373 21st century economy, the Legislature encourages instructional
374 methods for blended learning courses consisting of both
375 traditional classroom and online instructional techniques.
376 Charter schools may implement blended learning courses which
377 combine traditional classroom instruction and virtual
378 instruction. Students in a blended learning course must be full
379 time students of the charter school pursuant to s.
380 1011.61(1)(a)1. Instructional personnel certified pursuant to s.
381 1012.55 who provide virtual instruction for blended learning
382 courses may be employees of the charter school or may be under
383 contract to provide instructional services to charter school
384 students. At a minimum, such instructional personnel must hold
385 an active state or school district adjunct certification under
386 s. 1012.57 for the subject area of the blended learning course.
387 The funding and performance accountability requirements for
388 blended learning courses are the same as those for traditional
389 courses.
390 3. The current incoming baseline standard of student
391 academic achievement, the outcomes to be achieved, and the
392 method of measurement that will be used. The criteria listed in
393 this subparagraph shall include a detailed description of:
394 a. How the baseline student academic achievement levels and
395 prior rates of academic progress will be established.
396 b. How these baseline rates will be compared to rates of
397 academic progress achieved by these same students while
398 attending the charter school.
399 c. To the extent possible, how these rates of progress will
400 be evaluated and compared with rates of progress of other
401 closely comparable student populations.
402
403 A district school board is required to provide academic student
404 performance data to charter schools for each of their students
405 coming from the district school system, as well as rates of
406 academic progress of comparable student populations in the
407 district school system.
408 4. The methods used to identify the educational strengths
409 and needs of students and how well educational goals and
410 performance standards are met by students attending the charter
411 school. The methods shall provide a means for the charter school
412 to ensure accountability to its constituents by analyzing
413 student performance data and by evaluating the effectiveness and
414 efficiency of its major educational programs. Students in
415 charter schools shall, at a minimum, participate in the
416 statewide assessment program created under s. 1008.22.
417 5. In secondary charter schools, a method for determining
418 that a student has satisfied the requirements for graduation in
419 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
420 6. A method for resolving conflicts between the governing
421 board of the charter school and the sponsor.
422 7. The admissions procedures and dismissal procedures,
423 including the school’s code of student conduct. Admission or
424 dismissal must not be based on a student’s academic performance.
425 8. The ways by which the school will achieve a
426 racial/ethnic balance reflective of the community it serves or
427 within the racial/ethnic range of other nearby public schools or
428 school districts.
429 9. The financial and administrative management of the
430 school, including a reasonable demonstration of the professional
431 experience or competence of those individuals or organizations
432 applying to operate the charter school or those hired or
433 retained to perform such professional services and the
434 description of clearly delineated responsibilities and the
435 policies and practices needed to effectively manage the charter
436 school. A description of internal audit procedures and
437 establishment of controls to ensure that financial resources are
438 properly managed must be included. Both public sector and
439 private sector professional experience shall be equally valid in
440 such a consideration.
441 10. The asset and liability projections required in the
442 application which are incorporated into the charter and shall be
443 compared with information provided in the annual report of the
444 charter school.
445 11. A description of procedures that identify various risks
446 and provide for a comprehensive approach to reduce the impact of
447 losses; plans to ensure the safety and security of students and
448 staff; plans to identify, minimize, and protect others from
449 violent or disruptive student behavior; and the manner in which
450 the school will be insured, including whether or not the school
451 will be required to have liability insurance, and, if so, the
452 terms and conditions thereof and the amounts of coverage.
453 12. The term of the charter which shall provide for
454 cancellation of the charter if insufficient progress has been
455 made in attaining the student achievement objectives of the
456 charter and if it is not likely that such objectives can be
457 achieved before expiration of the charter. The initial term of a
458 charter shall be for 5 years, excluding 2 planning years. In
459 order to facilitate access to long-term financial resources for
460 charter school construction, charter schools that are operated
461 by a municipality or other public entity as provided by law are
462 eligible for up to a 15-year charter, subject to approval by the
463 sponsor. A charter lab school is eligible for a charter for a
464 term of up to 15 years. In addition, to facilitate access to
465 long-term financial resources for charter school construction,
466 charter schools that are operated by a private, not-for-profit,
467 s. 501(c)(3) status corporation are eligible for up to a 15-year
468 charter, subject to approval by the sponsor. Such long-term
469 charters remain subject to annual review and may be terminated
470 during the term of the charter, but only according to the
471 provisions set forth in subsection (8).
472 13. The facilities to be used and their location. The
473 sponsor may not require a charter school to have a certificate
474 of occupancy or a temporary certificate of occupancy for such a
475 facility earlier than 15 calendar days before the first day of
476 school.
477 14. The qualifications to be required of the teachers and
478 the potential strategies used to recruit, hire, train, and
479 retain qualified staff to achieve best value.
480 15. The governance structure of the school, including the
481 status of the charter school as a public or private employer as
482 required in paragraph (12)(i).
483 16. A timetable for implementing the charter which
484 addresses the implementation of each element thereof and the
485 date by which the charter shall be awarded in order to meet this
486 timetable.
487 17. In the case of an existing public school that is being
488 converted to charter status, alternative arrangements for
489 current students who choose not to attend the charter school and
490 for current teachers who choose not to teach in the charter
491 school after conversion in accordance with the existing
492 collective bargaining agreement or district school board rule in
493 the absence of a collective bargaining agreement. However,
494 alternative arrangements shall not be required for current
495 teachers who choose not to teach in a charter lab school, except
496 as authorized by the employment policies of the state university
497 which grants the charter to the lab school.
498 18. Full disclosure of the identity of all relatives
499 employed by the charter school who are related to the charter
500 school owner, president, chairperson of the governing board of
501 directors, superintendent, governing board member, principal,
502 assistant principal, or any other person employed by the charter
503 school who has equivalent decisionmaking authority. For the
504 purpose of this subparagraph, the term “relative” means father,
505 mother, son, daughter, brother, sister, uncle, aunt, first
506 cousin, nephew, niece, husband, wife, father-in-law, mother-in
507 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
508 stepfather, stepmother, stepson, stepdaughter, stepbrother,
509 stepsister, half brother, or half sister.
510 19. Implementation of the activities authorized under s.
511 1002.331 by the charter school when it satisfies the eligibility
512 requirements for a high-performing charter school. A high
513 performing charter school shall notify its sponsor in writing by
514 March 1 if it intends to increase enrollment or expand grade
515 levels the following school year. The written notice shall
516 specify the amount of the enrollment increase and the grade
517 levels that will be added, as applicable.
518 Section 12. For the purpose of incorporating the amendments
519 made by this act to sections 1002.3105 and 1003.4282, Florida
520 Statutes, in references thereto, paragraph (g) of subsection (4)
521 of section 1002.34, Florida Statutes, is reenacted to read:
522 1002.34 Charter technical career centers.—
523 (4) CHARTER.—A sponsor may designate centers as provided in
524 this section. An application to establish a center may be
525 submitted by a sponsor or another organization that is
526 determined, by rule of the State Board of Education, to be
527 appropriate. However, an independent school is not eligible for
528 status as a center. The charter must be signed by the governing
529 body of the center and the sponsor and must be approved by the
530 district school board and Florida College System institution
531 board of trustees in whose geographic region the facility is
532 located. If a charter technical career center is established by
533 the conversion to charter status of a public technical center
534 formerly governed by a district school board, the charter status
535 of that center takes precedence in any question of governance.
536 The governance of the center or of any program within the center
537 remains with its board of directors unless the board agrees to a
538 change in governance or its charter is revoked as provided in
539 subsection (15). Such a conversion charter technical career
540 center is not affected by a change in the governance of public
541 technical centers or of programs within other centers that are
542 or have been governed by district school boards. A charter
543 technical career center, or any program within such a center,
544 that was governed by a district school board and transferred to
545 a Florida College System institution prior to the effective date
546 of this act is not affected by this provision. An applicant who
547 wishes to establish a center must submit to the district school
548 board or Florida College System institution board of trustees,
549 or a consortium of one or more of each, an application on a form
550 developed by the Department of Education which includes:
551 (g) A method for determining whether a student has
552 satisfied the requirements for graduation specified in s.
553 1002.3105(5), s. 1003.4281, or s. 1003.4282 and for completion
554 of a postsecondary certificate or degree.
555
556 Students at a center must meet the same testing and academic
557 performance standards as those established by law and rule for
558 students at public schools and public technical centers. The
559 students must also meet any additional assessment indicators
560 that are included within the charter approved by the district
561 school board or Florida College System institution board of
562 trustees.
563 Section 13. For the purpose of incorporating the amendments
564 made by this act to sections 1002.3105 and 1003.4282, Florida
565 Statutes, in references thereto, paragraph (b) of subsection (4)
566 of section 1002.45, Florida Statutes, is reenacted to read:
567 1002.45 Virtual instruction programs.—
568 (4) CONTRACT REQUIREMENTS.—Each contract with an approved
569 virtual instruction program provider must, at minimum:
570 (b) Provide a method for determining that a student has
571 satisfied the requirements for graduation in s. 1002.3105(5), s.
572 1003.4281, or s. 1003.4282 if the contract is for the provision
573 of a full-time virtual instruction program to students in grades
574 9 through 12.
575
576 A contracting school district shall facilitate compliance with
577 the requirements of paragraphs (h) and (i).
578 Section 14. For the purpose of incorporating the amendments
579 made by this act to sections 1002.3105 and 1003.4282, Florida
580 Statutes, in references thereto, subsection (1) of section
581 1003.49, Florida Statutes, is reenacted to read:
582 1003.49 Graduation and promotion requirements for publicly
583 operated schools.—
584 (1) Each state or local public agency, including the
585 Department of Children and Families, the Department of
586 Corrections, the boards of trustees of universities and Florida
587 College System institutions, and the Board of Trustees of the
588 Florida School for the Deaf and the Blind, which agency is
589 authorized to operate educational programs for students at any
590 level of grades kindergarten through 12, shall be subject to all
591 applicable requirements of ss. 1002.3105(5), 1003.4281,
592 1003.4282, 1008.23, and 1008.25. Within the content of these
593 cited statutes each such state or local public agency or entity
594 shall be considered a “district school board.”
595 Section 15. For the purpose of incorporating the amendments
596 made by this act to sections 1002.3105 and 1003.4282, Florida
597 Statutes, in references thereto, subsection (1) of section
598 1004.935, Florida Statutes, is reenacted to read:
599 1004.935 Adults with Disabilities Workforce Education
600 Program.—
601 (1) The Adults with Disabilities Workforce Education
602 Program is established in the Department of Education in Hardee,
603 DeSoto, Manatee, and Sarasota Counties to provide the option of
604 receiving a scholarship for instruction at private schools for
605 up to 30 students who:
606 (a) Have a disability;
607 (b) Are 22 years of age;
608 (c) Are receiving instruction from an instructor in a
609 private school to meet the high school graduation requirements
610 in s. 1002.3105(5) or s. 1003.4282;
611 (d) Do not have a standard high school diploma or a special
612 high school diploma; and
613 (e) Receive “supported employment services,” which means
614 employment that is located or provided in an integrated work
615 setting with earnings paid on a commensurate wage basis and for
616 which continued support is needed for job maintenance.
617
618 As used in this section, the term “student with a disability”
619 includes a student who is documented as having an intellectual
620 disability; a speech impairment; a language impairment; a
621 hearing impairment, including deafness; a visual impairment,
622 including blindness; a dual sensory impairment; an orthopedic
623 impairment; another health impairment; an emotional or
624 behavioral disability; a specific learning disability,
625 including, but not limited to, dyslexia, dyscalculia, or
626 developmental aphasia; a traumatic brain injury; a developmental
627 delay; or autism spectrum disorder.
628 Section 16. For the purpose of incorporating the amendments
629 made by this act to sections 1002.3105 and 1003.4282, Florida
630 Statutes, in references thereto, paragraph (a) of subsection (3)
631 of section 1006.15, Florida Statutes, is reenacted to read:
632 1006.15 Student standards for participation in
633 interscholastic and intrascholastic extracurricular student
634 activities; regulation.—
635 (3)(a) As used in this section and s. 1006.20, the term
636 “eligible to participate” includes, but is not limited to, a
637 student participating in tryouts, off-season conditioning,
638 summer workouts, preseason conditioning, in-season practice, or
639 contests. The term does not mean that a student must be placed
640 on any specific team for interscholastic or intrascholastic
641 extracurricular activities. To be eligible to participate in
642 interscholastic extracurricular student activities, a student
643 must:
644 1. Maintain a grade point average of 2.0 or above on a 4.0
645 scale, or its equivalent, in the previous semester or a
646 cumulative grade point average of 2.0 or above on a 4.0 scale,
647 or its equivalent, in the courses required by s. 1002.3105(5) or
648 s. 1003.4282.
649 2. Execute and fulfill the requirements of an academic
650 performance contract between the student, the district school
651 board, the appropriate governing association, and the student’s
652 parents, if the student’s cumulative grade point average falls
653 below 2.0, or its equivalent, on a 4.0 scale in the courses
654 required by s. 1002.3105(5) or s. 1003.4282. At a minimum, the
655 contract must require that the student attend summer school, or
656 its graded equivalent, between grades 9 and 10 or grades 10 and
657 11, as necessary.
658 3. Have a cumulative grade point average of 2.0 or above on
659 a 4.0 scale, or its equivalent, in the courses required by s.
660 1002.3105(5) or s. 1003.4282 during his or her junior or senior
661 year.
662 4. Maintain satisfactory conduct, including adherence to
663 appropriate dress and other codes of student conduct policies
664 described in s. 1006.07(2). If a student is convicted of, or is
665 found to have committed, a felony or a delinquent act that would
666 have been a felony if committed by an adult, regardless of
667 whether adjudication is withheld, the student’s participation in
668 interscholastic extracurricular activities is contingent upon
669 established and published district school board policy.
670 Section 17. For the purpose of incorporating the amendments
671 made by this act to sections 1002.3105 and 1003.4282, Florida
672 Statutes, in references thereto, paragraph (b) of subsection (1)
673 of section 1009.531, Florida Statutes, is reenacted to read:
674 1009.531 Florida Bright Futures Scholarship Program;
675 student eligibility requirements for initial awards.—
676 (1) In order to be eligible for an initial award from any
677 of the scholarships under the Florida Bright Futures Scholarship
678 Program, a student must:
679 (b) Earn a standard Florida high school diploma pursuant to
680 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
681 equivalency diploma pursuant to s. 1003.435 unless:
682 1. The student completes a home education program according
683 to s. 1002.41;
684 2. The student earns a high school diploma from a non
685 Florida school while living with a parent or guardian who is on
686 military or public service assignment away from Florida; or
687 3. The student earns a high school diploma from a Florida
688 private school operating pursuant to s. 1002.42.
689 Section 18. For the purpose of incorporating the amendments
690 made by this act to sections 1002.3105 and 1003.4282, Florida
691 Statutes, in references thereto, subsection (4) of section
692 1009.893, Florida Statutes, is reenacted to read:
693 1009.893 Benacquisto Scholarship Program.—
694 (4) In order to be eligible for an initial award under the
695 scholarship program, a student must meet the requirements of
696 paragraph (a) or paragraph (b).
697 (a) A student who is a resident of this state, as
698 determined in s. 1009.40 and rules of the State Board of
699 Education, must:
700 1. Earn a standard Florida high school diploma or its
701 equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
702 or s. 1003.435 unless:
703 a. The student completes a home education program according
704 to s. 1002.41; or
705 b. The student earns a high school diploma from a non
706 Florida school while living with a parent who is on military or
707 public service assignment out of this state;
708 2. Be accepted by and enroll in a Florida public or
709 independent postsecondary educational institution that is
710 regionally accredited; and
711 3. Be enrolled full-time in a baccalaureate degree program
712 at an eligible regionally accredited Florida public or
713 independent postsecondary educational institution during the
714 fall academic term following high school graduation.
715 (b) A student who initially enrolls in a baccalaureate
716 degree program in the 2018-2019 through 2021-2022 academic years
717 and who is not a resident of this state, as determined in s.
718 1009.40 and rules of the State Board of Education, must:
719 1. Physically reside in this state on or near the campus of
720 the postsecondary educational institution in which the student
721 is enrolled;
722 2. Earn a high school diploma from a school outside Florida
723 which is comparable to a standard Florida high school diploma or
724 its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
725 1003.4282, or s. 1003.435 or must complete a home education
726 program in another state; and
727 3. Be accepted by and enrolled full-time in a baccalaureate
728 degree program at an eligible regionally accredited Florida
729 public or independent postsecondary educational institution
730 during the fall academic term following high school graduation.
731 Section 19. This act shall take effect July 1, 2023.