Florida Senate - 2024                                    SB 1444
       By Senator Calatayud
       38-01559A-24                                          20241444__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1001.02,
    3         F.S.; deleting a requirement that the State Board of
    4         Education establish the cost of certain tuition and
    5         fees; amending s. 1001.03, F.S.; deleting a
    6         requirement that the state board identify certain
    7         metrics and develop a specified plan relating to the
    8         Florida College System; amending s. 1002.3105, F.S.;
    9         deleting a requirement that a performance contract be
   10         completed if a student participates in an Academically
   11         Challenging Curriculum to Enhance Learning option;
   12         providing that a performance contract may be used at
   13         the discretion of the principal; repealing s.
   14         1002.311, F.S., relating to single-gender programs;
   15         amending s. 1002.34, F.S.; deleting a requirement for
   16         the Commissioner of Education to provide for an annual
   17         comparative evaluation of charter technical career
   18         centers and public technical centers; amending s.
   19         1002.45, F.S.; deleting a requirement that school
   20         districts provide certain virtual instruction options
   21         to students; deleting a requirement that virtual
   22         instruction program providers be nonsectarian;
   23         authorizing school districts to provide certain
   24         students with the equipment and access necessary for
   25         participation in virtual instruction programs;
   26         amending s. 1002.82, F.S.; requiring the Department of
   27         Education to review school readiness program plans
   28         every 3 years, rather than every 2 years; amending s.
   29         1002.85, F.S.; requiring early learning coalitions to
   30         submit school readiness program plans to the
   31         department every 3 years, rather than every 2 years;
   32         amending s. 1003.4935, F.S.; deleting a requirement
   33         that the department collect and report certain data
   34         relating to a middle school career and professional
   35         academy or a career-themed course; repealing s.
   36         1003.4995, F.S., relating to the fine arts report
   37         prepared by the Commissioner of Education; repealing
   38         s. 1003.4996, F.S., relating to the Competency-Based
   39         Education Pilot Program; amending s. 1003.49965, F.S.;
   40         authorizing, rather than requiring, a school district
   41         to hold an Art in the Capitol Competition; amending s.
   42         1003.51, F.S.; deleting a requirement regarding
   43         assessment procedures for Department of Juvenile
   44         Justice education programs; revising requirements for
   45         which assessment results must be included in a
   46         student’s discharge packet; revising requirements for
   47         when a district school board must face sanctions for
   48         unsatisfactory performance in its Department of
   49         Juvenile Justice programs; amending s. 1003.621, F.S.;
   50         deleting a requirement for academically high
   51         performing school districts to submit an annual report
   52         to the state board; repealing s. 1004.925, F.S.,
   53         relating to automotive service technology education
   54         programs and certification; amending s. 1006.28, F.S.;
   55         revising the definition of the term “adequate
   56         instructional materials”; authorizing school districts
   57         to assess a processing fee for certain objections to
   58         materials; providing requirements for the assessment
   59         of such fee; providing for the return of such fee
   60         under certain circumstances; requiring certain
   61         information published and regularly updated by the
   62         Department of Education to be sorted by grade level;
   63         deleting a timeframe requirement for each district
   64         school superintendent to notify the department about
   65         instructional materials; deleting a requirement for
   66         such notification; authorizing, rather than requiring,
   67         a school principal to collect the purchase price of
   68         instructional materials lost, destroyed, or
   69         unnecessarily damaged by a student; amending s.
   70         1006.283, F.S.; deleting a timeframe requirement for a
   71         district school superintendent to certify to the
   72         department that certain instructional materials meet
   73         applicable state standards; amending s. 1007.33, F.S.;
   74         deleting a provision authorizing the Board of Trustees
   75         of St. Petersburg College to establish certain degree
   76         programs; amending s. 1008.25, F.S.; revising
   77         requirements for the administration of the coordinated
   78         screening and progress monitoring system; providing
   79         requirements for the administration of such system for
   80         students in the summer prekindergarten program;
   81         amending s. 1008.31, F.S.; revising a provision
   82         relating to the “No Child Left Behind Act of 2001”;
   83         amending s. 1008.332, F.S.; revising a provision
   84         relating to the No Child Left Behind Act to relate to
   85         the Every Student Succeeds Act; deleting a requirement
   86         for certain committee members to annually report to
   87         specified entities; amending s. 1008.34, F.S.;
   88         requiring that certain changes made by the state board
   89         to components in the school grades model or to the
   90         school grading scale go into effect in the following
   91         school year or later; conforming cross-references;
   92         amending s. 1008.345, F.S.; deleting a requirement for
   93         the department to develop an annual feedback report;
   94         deleting a requirement for the Commissioner of
   95         Education to review specified feedback reports and
   96         submit findings to the state board; deleting certain
   97         requirements for a report the commissioner produces
   98         annually for the state board and Legislature; revising
   99         what information certain community assessment team
  100         recommendations are based on; amending s. 1008.45,
  101         F.S.; deleting a requirement that the state board
  102         provide a specified annual evaluation; amending ss.
  103         1000.05, 1002.31, 1002.321, 1002.33, 1002.455,
  104         1008.22, 1008.37, and 1013.841, F.S.; conforming
  105         provisions and cross-references to changes made by the
  106         act; providing an effective date.
  108  Be It Enacted by the Legislature of the State of Florida:
  110         Section 1. Subsection (5) of section 1001.02, Florida
  111  Statutes, is amended to read:
  112         1001.02 General powers of State Board of Education.—
  113         (5) The State Board of Education is responsible for
  114  reviewing and administering the state program of support for the
  115  Florida College System institutions and, subject to existing
  116  law, shall establish the tuition and out-of-state fees for
  117  developmental education and for credit instruction that may be
  118  counted toward an associate in arts degree, an associate in
  119  applied science degree, or an associate in science degree.
  120         Section 2. Subsection (17) of section 1001.03, Florida
  121  Statutes, is amended to read:
  122         1001.03 Specific powers of State Board of Education.—
  123         (17)PLAN SPECIFYING GOALS AND OBJECTIVES.—By July 1, 2013,
  124  the State Board of Education shall identify performance metrics
  125  for the Florida College System and develop a plan that specifies
  126  goals and objectives for each Florida College System
  127  institution. The plan must include:
  128         (a)Performance metrics and standards common for all
  129  institutions and metrics and standards unique to institutions
  130  depending on institutional core missions, including, but not
  131  limited to, remediation success, retention, graduation,
  132  employment, transfer rates, licensure passage, excess hours,
  133  student loan burden and default rates, job placement, faculty
  134  awards, and highly respected rankings for institution and
  135  program achievements.
  136         (b)Student enrollment and performance data delineated by
  137  method of instruction, including, but not limited to,
  138  traditional, online, and distance learning instruction.
  139         Section 3. Paragraphs (c) and (d) of subsection (4) of
  140  section 1002.3105, Florida Statutes, are amended to read:
  141         1002.3105 Academically Challenging Curriculum to Enhance
  142  Learning (ACCEL) options.—
  143         (4) ACCEL REQUIREMENTS.—
  144         (c) If a student participates in an ACCEL option pursuant
  145  to the parental request under subparagraph (b)1., a performance
  146  contract is not required but may be used at the discretion of
  147  the principal must be executed by the student, the parent, and
  148  the principal. At a minimum, the performance contract must
  149  require compliance with:
  150         1.Minimum student attendance requirements.
  151         2.Minimum student conduct requirements.
  152         3.ACCEL option requirements established by the principal,
  153  which may include participation in extracurricular activities,
  154  educational outings, field trips, interscholastic competitions,
  155  and other activities related to the ACCEL option selected.
  156         (d) If a principal initiates a student’s participation in
  157  an ACCEL option, the student’s parent must be notified. A
  158  performance contract, pursuant to paragraph (c), is not required
  159  when a principal initiates participation but may be used at the
  160  discretion of the principal.
  161         Section 4. Section 1002.311, Florida Statutes, is repealed.
  162         Section 5. Subsection (19) of section 1002.34, Florida
  163  Statutes, is amended to read:
  164         1002.34 Charter technical career centers.—
  165         (19)EVALUATION; REPORT.—The Commissioner of Education
  166  shall provide for an annual comparative evaluation of charter
  167  technical career centers and public technical centers. The
  168  evaluation may be conducted in cooperation with the sponsor,
  169  through private contracts, or by department staff. At a minimum,
  170  the comparative evaluation must address the demographic and
  171  socioeconomic characteristics of the students served, the types
  172  and costs of services provided, and the outcomes achieved. By
  173  December 30 of each year, the Commissioner of Education shall
  174  submit to the Governor, the President of the Senate, the Speaker
  175  of the House of Representatives, and the Senate and House
  176  committees that have responsibility for secondary and
  177  postsecondary career and technical education a report of the
  178  comparative evaluation completed for the previous school year.
  179         Section 6. Paragraphs (c) through (e) of subsection (1) of
  180  section 1002.45, Florida Statutes, are redesignated as
  181  paragraphs (b) through (d), respectively, and present paragraphs
  182  (b), (c), and (e) of that subsection, subsection (2), paragraph
  183  (d) of subsection (3), subsection (5), and paragraph (a) of
  184  subsection (6) are amended, to read:
  185         1002.45 Virtual instruction programs.—
  186         (1) PROGRAM.—
  187         (b)1.Each school district shall provide at least one
  188  option for part-time and full-time virtual instruction for
  189  students residing within the school district. All school
  190  districts must provide parents with timely written notification
  191  of at least one open enrollment period for full-time students of
  192  90 days or more which ends 30 days before the first day of the
  193  school year. A school district virtual instruction program shall
  194  consist of the following:
  195         a.Full-time and part-time virtual instruction for students
  196  enrolled in kindergarten through grade 12.
  197         b.Full-time or part-time virtual instruction for students
  198  enrolled in dropout prevention and academic intervention
  199  programs under s. 1003.53, Department of Juvenile Justice
  200  education programs under s. 1003.52, core-curricula courses to
  201  meet class size requirements under s. 1003.03, or Florida
  202  College System institutions under this section.
  203         2.Each virtual instruction program established under
  204  paragraph (c) by a school district either directly or through a
  205  contract with an approved virtual instruction program provider
  206  shall operate under its own Master School Identification Number
  207  as prescribed by the department.
  208         (b)(c) To provide students residing within the school
  209  district the option of participating in virtual instruction
  210  programs as required by paragraph (b), a school district may:
  211         1. Contract with the Florida Virtual School or establish a
  212  franchise of the Florida Virtual School pursuant to s.
  213  1002.37(2) for the provision of a program under paragraph (b).
  214         2. Contract with an approved virtual instruction program
  215  provider under subsection (2) for the provision of a full-time
  216  or part-time program under paragraph (b).
  217         3. Enter into an agreement with other school districts to
  218  allow the participation of its students in an approved virtual
  219  instruction program provided by the other school district. The
  220  agreement must indicate a process for the transfer of funds
  221  required by paragraph (6)(b).
  222         4. Establish school district operated part-time or full
  223  time kindergarten through grade 12 virtual instruction programs.
  224         5. Enter into an agreement with a virtual charter school
  225  authorized by the school district under s. 1002.33.
  227  Contracts under subparagraph 1. or subparagraph 2. may include
  228  multidistrict contractual arrangements executed by a regional
  229  consortium service organization established pursuant to s.
  230  1001.451 for its member districts. A multidistrict contractual
  231  arrangement or an agreement under subparagraph 3. is not subject
  232  to s. 1001.42(4)(d) and does not require the participating
  233  school districts to be contiguous. These arrangements may be
  234  used to fulfill the requirements of paragraph (b).
  235         (d)(e) Each school district shall:
  236         1. Provide to the department by each October 1, a copy of
  237  each contract and the amount paid per unweighted full-time
  238  equivalent virtual student for services procured pursuant to
  239  subparagraphs (b)1. and 2. (c)1. and 2.
  240         2. Expend any difference in the amount of funds per
  241  unweighted full-time equivalent virtual student allocated to the
  242  school district pursuant to subsection (6) and the amount paid
  243  per unweighted full-time equivalent virtual student by the
  244  school district for a contract executed pursuant to subparagraph
  245  (b)1. (c)1. or subparagraph (b)2. (c)2. on acquiring computer
  246  and device hardware and associated operating system software
  247  that comply with the requirements of s. 1001.20(4)(a)1.b.
  248         3. Provide to the department by September 1 of each year an
  249  itemized list of items acquired in subparagraph 2.
  250         4. Limit the enrollment of full-time equivalent virtual
  251  students residing outside of the school district providing the
  252  virtual instruction pursuant to paragraph (b) (c) to no more
  253  than those that can be funded from state Florida Education
  254  Finance Program funds.
  256         (a) The department shall annually publish on its website a
  257  list of providers approved by the State Board of Education to
  258  offer virtual instruction programs. To be approved, a virtual
  259  instruction program provider must document that it:
  260         1. Is nonsectarian in its programs, admission policies,
  261  employment practices, and operations;
  262         2. Complies with the antidiscrimination provisions of s.
  263  1000.05;
  264         2.3. Locates an administrative office or offices in this
  265  state, requires its administrative staff to be state residents,
  266  requires all instructional staff to be Florida-certified
  267  teachers under chapter 1012 and conducts background screenings
  268  for all employees or contracted personnel, as required by s.
  269  1012.32, using state and national criminal history records;
  270         3.4. Electronically provides to parents and students
  271  specific information that includes, but is not limited to, the
  272  following teacher-parent and teacher-student contact information
  273  for each course:
  274         a. How to contact the instructor via phone, e-mail, or
  275  online messaging tools.
  276         b. How to contact technical support via phone, e-mail, or
  277  online messaging tools.
  278         c. How to contact the administration office via phone, e
  279  mail, or online messaging tools.
  280         d. Any requirement for regular contact with the instructor
  281  for the course and clear expectations for meeting the
  282  requirement.
  283         e. The requirement that the instructor in each course must,
  284  at a minimum, conduct one contact with the parent and the
  285  student each month;
  286         4.5. Possesses prior, successful experience offering
  287  virtual instruction courses to elementary, middle, or high
  288  school students as demonstrated by quantified student learning
  289  gains in each subject area and grade level provided for
  290  consideration as an instructional program option. However, for a
  291  virtual instruction program provider without sufficient prior,
  292  successful experience offering online courses, the State Board
  293  of Education may conditionally approve the virtual instruction
  294  program provider to offer courses measured pursuant to
  295  subparagraph (7)(a)2. Conditional approval shall be valid for 1
  296  school year only and, based on the virtual instruction program
  297  provider’s experience in offering the courses, the State Board
  298  of Education may grant approval to offer a virtual instruction
  299  program;
  300         5.6. Is accredited by a regional accrediting association as
  301  defined by State Board of Education rule;
  302         6.7. Ensures instructional and curricular quality through a
  303  detailed curriculum and student performance accountability plan
  304  that addresses every subject and grade level it intends to
  305  provide through contract with the school district, including:
  306         a. Courses and programs that meet the standards of the
  307  International Association for K-12 Online Learning and the
  308  Southern Regional Education Board.
  309         b. Instructional content and services that align with, and
  310  measure student attainment of, student proficiency in the state
  311  academic standards.
  312         c. Mechanisms that determine and ensure that a student has
  313  satisfied requirements for grade level promotion and high school
  314  graduation with a standard diploma, as appropriate;
  315         7.8. Publishes, in accordance with disclosure requirements
  316  adopted in rule by the State Board of Education, as part of its
  317  application as an approved virtual instruction program provider
  318  and in all contracts negotiated pursuant to this section:
  319         a. Information and data about the curriculum of each full
  320  time and part-time virtual instruction program.
  321         b. School policies and procedures.
  322         c. Certification status and physical location of all
  323  administrative and instructional personnel.
  324         d. Hours and times of availability of instructional
  325  personnel.
  326         e. Student-teacher ratios.
  327         f. Student completion and promotion rates.
  328         g. Student, educator, and school performance accountability
  329  outcomes;
  330         8.9. If the approved virtual instruction program provider
  331  is a Florida College System institution, employs instructors who
  332  meet the certification requirements for instructional staff
  333  under chapter 1012; and
  334         9.10. Performs an annual financial audit of its accounts
  335  and records conducted by an independent auditor who is a
  336  certified public accountant licensed under chapter 473. The
  337  independent auditor shall conduct the audit in accordance with
  338  rules adopted by the Auditor General and in compliance with
  339  generally accepted auditing standards, and include a report on
  340  financial statements presented in accordance with generally
  341  accepted accounting principles. The audit report shall be
  342  accompanied by a written statement from the approved virtual
  343  instruction program provider in response to any deficiencies
  344  identified within the audit report and shall be submitted by the
  345  approved virtual instruction program provider to the State Board
  346  of Education and the Auditor General no later than 9 months
  347  after the end of the preceding fiscal year.
  348         (b) An approved virtual instruction program provider that
  349  maintains compliance with all requirements of this section shall
  350  retain its approved status for a period of 3 school years after
  351  the date of approval by the State Board of Education.
  353  instruction program under this section must:
  354         (d) Provide each full-time student enrolled in the virtual
  355  instruction program who qualifies for free or reduced-price
  356  school lunches under the National School Lunch Act, or who is on
  357  the direct certification list, and who does not have a computer
  358  or Internet access in his or her home with:
  359         1. All equipment necessary for participants in the virtual
  360  instruction program, including, but not limited to, a computer,
  361  computer monitor, and printer, if a printer is necessary to
  362  participate in the virtual instruction program; and
  363         2. Access to or reimbursement for all Internet services
  364  necessary for online delivery of instruction.
  366  A school district may provide each full-time student enrolled in
  367  the virtual instruction program with the equipment and access
  368  necessary for participation in the program.
  369         (5) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  370  enrolled in the school district’s virtual instruction program
  371  authorized pursuant to paragraph (1)(b) (1)(c) must:
  372         (a) Comply with the compulsory attendance requirements of
  373  s. 1003.21. Student attendance must be verified by the school
  374  district.
  375         (b) Take statewide assessments pursuant to s. 1008.22 and
  376  participate in the coordinated screening and progress monitoring
  377  system under s. 1008.25(9). Statewide assessments and progress
  378  monitoring may be administered within the school district in
  379  which such student resides, or as specified in the contract in
  380  accordance with s. 1008.24(3). If requested by the approved
  381  virtual instruction program provider or virtual charter school,
  382  the district of residence must provide the student with access
  383  to the district’s testing facilities.
  385  FUNDING.—
  386         (a) All virtual instruction programs established pursuant
  387  to paragraph (1)(b) (1)(c) are subject to the requirements of s.
  388  1011.61(1)(c)1.b.(III), (IV), (VI), and (4), and the school
  389  district providing the virtual instruction program shall report
  390  the full-time equivalent students in a manner prescribed by the
  391  department. A school district may report a full-time equivalent
  392  student for credit earned by a student who is enrolled in a
  393  virtual instruction course provided by the district which was
  394  completed after the end of the regular school year if the full
  395  time equivalent student is reported no later than the deadline
  396  for amending the final full-time equivalent student membership
  397  report for that year.
  398         Section 7. Paragraph (e) of subsection (2) of section
  399  1002.82, Florida Statutes, is amended to read:
  400         1002.82 Department of Education; powers and duties.—
  401         (2) The department shall:
  402         (e) Review each early learning coalition’s school readiness
  403  program plan every 3 2 years and provide final approval of the
  404  plan and any amendments submitted.
  405         Section 8. Subsection (2) of section 1002.85, Florida
  406  Statutes, is amended to read:
  407         1002.85 Early learning coalition plans.—
  408         (2) Each early learning coalition must biennially submit a
  409  school readiness program plan every 3 years to the department
  410  before the expenditure of funds. A coalition may not implement
  411  its school readiness program plan until it receives approval
  412  from the department. A coalition may not implement any revision
  413  to its school readiness program plan until the coalition submits
  414  the revised plan to and receives approval from the department.
  415  If the department rejects a plan or revision, the coalition must
  416  continue to operate under its previously approved plan. The plan
  417  must include, but is not limited to:
  418         (a) The coalition’s operations, including its membership
  419  and business organization, and the coalition’s articles of
  420  incorporation and bylaws if the coalition is organized as a
  421  corporation. If the coalition is not organized as a corporation
  422  or other business entity, the plan must include the contract
  423  with a fiscal agent.
  424         (b) The coalition’s procedures for implementing the
  425  requirements of this part, including:
  426         1. Single point of entry.
  427         2. Uniform waiting list.
  428         3. Eligibility and enrollment processes and local
  429  eligibility priorities for children pursuant to s. 1002.87.
  430         4. Parent access and choice.
  431         5. Sliding fee scale and policies on applying the waiver or
  432  reduction of fees in accordance with s. 1002.84(9).
  433         6. Use of preassessments and postassessments, as
  434  applicable.
  435         7. Use of contracted slots, as applicable, based on the
  436  results of the assessment required under paragraph (i).
  437         (c) A detailed description of the coalition’s quality
  438  activities and services, including, but not limited to:
  439         1. Resource and referral and school-age child care.
  440         2. Infant and toddler early learning.
  441         3. Inclusive early learning programs.
  442         4. Quality improvement strategies that strengthen teaching
  443  practices and increase child outcomes.
  444         (d) A detailed budget that outlines estimated expenditures
  445  for state, federal, and local matching funds at the lowest level
  446  of detail available by other-cost-accumulator code number; all
  447  estimated sources of revenue with identifiable descriptions; a
  448  listing of full-time equivalent positions; contracted
  449  subcontractor costs with related annual compensation amount or
  450  hourly rate of compensation; and a capital improvements plan
  451  outlining existing fixed capital outlay projects and proposed
  452  capital outlay projects that will begin during the budget year.
  453         (e) A detailed accounting, in the format prescribed by the
  454  department, of all revenues and expenditures during the 2
  455  previous state fiscal years year. Revenue sources should be
  456  identifiable, and expenditures should be reported by two
  457  categories: state and federal funds and local matching funds.
  458         (f) Updated policies and procedures, including those
  459  governing procurement, maintenance of tangible personal
  460  property, maintenance of records, information technology
  461  security, and disbursement controls.
  462         (g) A description of the procedures for monitoring school
  463  readiness program providers, including in response to a parental
  464  complaint, to determine that the standards prescribed in ss.
  465  1002.82 and 1002.88 are met using a standard monitoring tool
  466  adopted by the department. Providers determined to be high risk
  467  by the coalition as demonstrated by substantial findings of
  468  violations of law shall be monitored more frequently.
  469         (h) Documentation that the coalition has solicited and
  470  considered comments regarding the proposed school readiness
  471  program plan from the local community.
  472         (i) An assessment of local priorities within the county or
  473  multicounty region based on the needs of families and provider
  474  capacity using available community data.
  475         Section 9. Subsection (3) of section 1003.4935, Florida
  476  Statutes, is amended to read:
  477         1003.4935 Middle grades career and professional academy
  478  courses and career-themed courses.—
  479         (3)Beginning with the 2012-2013 school year, if a school
  480  district implements a middle school career and professional
  481  academy or a career-themed course, the Department of Education
  482  shall collect and report student achievement data pursuant to
  483  performance factors identified under s. 1003.492(3) for students
  484  enrolled in an academy or a career-themed course.
  485         Section 10. Section 1003.4995, Florida Statutes, is
  486  repealed.
  487         Section 11. Section 1003.4996, Florida Statutes, is
  488  repealed.
  489         Section 12. Subsection (2) of section 1003.49965, Florida
  490  Statutes, is amended to read:
  491         1003.49965 Art in the Capitol Competition.—
  492         (2) A Each school district may shall annually hold an Art
  493  in the Capitol Competition for all public, private, and home
  494  education students in grades 6 through 8. Submissions shall be
  495  judged by a selection committee consisting of art teachers whose
  496  students have not submitted artwork for consideration.
  497         Section 13. Paragraphs (g) and (r) of subsection (2) of
  498  section 1003.51, Florida Statutes, are amended to read:
  499         1003.51 Other public educational services.—
  500         (2) The State Board of Education shall adopt rules
  501  articulating expectations for effective education programs for
  502  students in Department of Juvenile Justice programs, including,
  503  but not limited to, education programs in juvenile justice
  504  prevention, day treatment, residential, and detention programs.
  505  The rule shall establish policies and standards for education
  506  programs for students in Department of Juvenile Justice programs
  507  and shall include the following:
  508         (g) Assessment procedures that, which:
  509         1.For prevention, day treatment, and residential programs,
  510  include appropriate academic and career assessments administered
  511  at program entry and exit that are selected by the Department of
  512  Education in partnership with representatives from the
  513  Department of Juvenile Justice, district school boards, and
  514  education providers. Assessments must be completed within the
  515  first 10 school days after a student’s entry into the program.
  516         2. provide for determination of the areas of academic need
  517  and strategies for appropriate intervention and instruction for
  518  each student in a detention facility within 5 school days after
  519  the student’s entry into the program and for the administration
  520  of administer a research-based assessment that will assist the
  521  student in determining his or her educational and career options
  522  and goals within 22 school days after the student’s entry into
  523  the program. The results of the these assessments required under
  524  this paragraph and s. 1003.52(3)(d), together with a portfolio
  525  depicting the student’s academic and career accomplishments,
  526  must shall be included in the discharge packet assembled for
  527  each student.
  528         (r) A series of graduated sanctions for district school
  529  boards whose educational programs in Department of Juvenile
  530  Justice programs are considered to be unsatisfactory and for
  531  instances in which district school boards fail to meet standards
  532  prescribed by law, rule, or State Board of Education policy.
  533  These sanctions must shall include the option of requiring a
  534  district school board to contract with a provider or another
  535  district school board if the educational program at the
  536  Department of Juvenile Justice program is performing below
  537  minimum standards and, after 6 months, is still performing below
  538  minimum standards.
  539         Section 14. Subsection (4) of section 1003.621, Florida
  540  Statutes, is amended to read:
  541         1003.621 Academically high-performing school districts.—It
  542  is the intent of the Legislature to recognize and reward school
  543  districts that demonstrate the ability to consistently maintain
  544  or improve their high-performing status. The purpose of this
  545  section is to provide high-performing school districts with
  546  flexibility in meeting the specific requirements in statute and
  547  rules of the State Board of Education.
  548         (4)REPORTS.—The academically high-performing school
  549  district shall submit to the State Board of Education and the
  550  Legislature an annual report on December 1 which delineates the
  551  performance of the school district relative to the academic
  552  performance of students at each grade level in reading, writing,
  553  mathematics, science, and any other subject that is included as
  554  a part of the statewide assessment program in s. 1008.22. The
  555  annual report shall be submitted in a format prescribed by the
  556  Department of Education and shall include:
  557         (a)Longitudinal performance of students on statewide,
  558  standardized assessments taken under s. 1008.22;
  559         (b)Longitudinal performance of students by grade level and
  560  subgroup on statewide, standardized assessments taken under s.
  561  1008.22;
  562         (c)Longitudinal performance regarding efforts to close the
  563  achievement gap;
  564         (d)1.Number and percentage of students who take an
  565  Advanced Placement Examination; and
  566         2.Longitudinal performance regarding students who take an
  567  Advanced Placement Examination by demographic group,
  568  specifically by age, gender, race, and Hispanic origin, and by
  569  participation in the National School Lunch Program;
  570         (e)Evidence of compliance with subsection (1); and
  571         (f)A description of each waiver and the status of each
  572  waiver.
  573         Section 15. Section 1004.925, Florida Statutes, is
  574  repealed.
  575         Section 16. Paragraph (a) of subsection (1), paragraphs (a)
  576  and (e) of subsection (2), paragraph (b) of subsection (3), and
  577  paragraph (b) of subsection (4) of section 1006.28, Florida
  578  Statutes, are amended to read:
  579         1006.28 Duties of district school board, district school
  580  superintendent; and school principal regarding K-12
  581  instructional materials.—
  582         (1) DEFINITIONS.—
  583         (a) As used in this section, the term:
  584         1. “Adequate instructional materials” means a sufficient
  585  number of student or site licenses or sets of materials that are
  586  available in bound, unbound, kit, or package form and may
  587  consist of hardbacked or softbacked textbooks, electronic
  588  content, consumables, learning laboratories, manipulatives,
  589  electronic media, and computer courseware or software that serve
  590  as the basis for instruction for each student in the core
  591  subject areas of mathematics, language arts, social studies,
  592  science, reading, and literature.
  593         2. “Instructional materials” has the same meaning as in s.
  594  1006.29(2).
  595         3. “Library media center” means any collection of books,
  596  ebooks, periodicals, or videos maintained and accessible on the
  597  site of a school, including in classrooms.
  598         (2) DISTRICT SCHOOL BOARD.—The district school board has
  599  the constitutional duty and responsibility to select and provide
  600  adequate instructional materials for all students in accordance
  601  with the requirements of this part. The district school board
  602  also has the following specific duties and responsibilities:
  603         (a) Courses of study; adoption.—Adopt courses of study,
  604  including instructional materials, for use in the schools of the
  605  district.
  606         1. Each district school board is responsible for the
  607  content of all instructional materials and any other materials
  608  used in a classroom, made available in a school or classroom
  609  library, or included on a reading list, whether adopted and
  610  purchased from the state-adopted instructional materials list,
  611  adopted and purchased through a district instructional materials
  612  program under s. 1006.283, or otherwise purchased or made
  613  available.
  614         2. Each district school board must adopt a policy regarding
  615  an objection by a parent or a resident of the county to the use
  616  of a specific material, which clearly describes a process to
  617  handle all objections and provides for resolution. The objection
  618  form, as prescribed by State Board of Education rule, and the
  619  district school board’s process must be easy to read and
  620  understand and be easily accessible on the homepage of the
  621  school district’s website. The objection form must also identify
  622  the school district point of contact and contact information for
  623  the submission of an objection. The process must provide the
  624  parent or resident the opportunity to proffer evidence to the
  625  district school board that:
  626         a. An instructional material does not meet the criteria of
  627  s. 1006.31(2) or s. 1006.40(3)(d) if it was selected for use in
  628  a course or otherwise made available to students in the school
  629  district but was not subject to the public notice, review,
  630  comment, and hearing procedures under s. 1006.283(2)(b)8., 9.,
  631  and 11.
  632         b. Any material used in a classroom, made available in a
  633  school or classroom library, or included on a reading list
  634  contains content which:
  635         (I) Is pornographic or prohibited under s. 847.012;
  636         (II) Depicts or describes sexual conduct as defined in s.
  637  847.001(19), unless such material is for a course required by s.
  638  1003.46, s. 1003.42(2)(n)1.g., or s. 1003.42(2)(n)3., or
  639  identified by State Board of Education rule;
  640         (III) Is not suited to student needs and their ability to
  641  comprehend the material presented; or
  642         (IV) Is inappropriate for the grade level and age group for
  643  which the material is used.
  645  A school district may assess a $100 processing fee for each
  646  objection submitted by a parent or resident who does not have a
  647  student enrolled in the school where the material is located if
  648  the parent or resident has objected to more than five materials
  649  during the calendar year. The school district must return to the
  650  parent or resident the processing fee for each objection that is
  651  upheld. Any material that is subject to an objection on the
  652  basis of sub-sub-subparagraph b.(I) or sub-sub-subparagraph
  653  b.(II) must be removed within 5 school days after of receipt of
  654  the objection and remain unavailable to students of that school
  655  until the objection is resolved. Parents shall have the right to
  656  read passages from any material that is subject to an objection.
  657  If the school board denies a parent the right to read passages
  658  due to content that meets the requirements under sub-sub
  659  subparagraph b.(I), the school district shall discontinue the
  660  use of the material. If the district school board finds that any
  661  material meets the requirements under sub-subparagraph a. or
  662  that any other material contains prohibited content under sub
  663  sub-subparagraph b.(I), the school district shall discontinue
  664  use of the material. If the district school board finds that any
  665  other material contains prohibited content under sub-sub
  666  subparagraphs b.(II)-(IV), the school district shall discontinue
  667  use of the material for any grade level or age group for which
  668  such use is inappropriate or unsuitable.
  669         3. Each district school board must establish a process by
  670  which the parent of a public school student or a resident of the
  671  county may contest the district school board’s adoption of a
  672  specific instructional material. The parent or resident must
  673  file a petition, on a form provided by the school board, within
  674  30 calendar days after the adoption of the instructional
  675  material by the school board. The school board must make the
  676  form available to the public and publish the form on the school
  677  district’s website. The form must be signed by the parent or
  678  resident, include the required contact information, and state
  679  the objection to the instructional material based on the
  680  criteria of s. 1006.31(2) or s. 1006.40(3)(d). Within 30 days
  681  after the 30-day period has expired, the school board must, for
  682  all petitions timely received, conduct at least one open public
  683  hearing before an unbiased and qualified hearing officer. The
  684  hearing officer may not be an employee or agent of the school
  685  district. The hearing is not subject to the provisions of
  686  chapter 120; however, the hearing must provide sufficient
  687  procedural protections to allow each petitioner an adequate and
  688  fair opportunity to be heard and present evidence to the hearing
  689  officer. The school board’s decision after convening a hearing
  690  is final and not subject to further petition or review.
  691         4. Meetings of committees convened for the purpose of
  692  ranking, eliminating, or selecting instructional materials for
  693  recommendation to the district school board must be noticed and
  694  open to the public in accordance with s. 286.011. Any committees
  695  convened for such purposes must include parents of students who
  696  will have access to such materials.
  697         5. Meetings of committees convened for the purpose of
  698  resolving an objection by a parent or resident to specific
  699  materials must be noticed and open to the public in accordance
  700  with s. 286.011. Any committees convened for such purposes must
  701  include parents of students who will have access to such
  702  materials.
  703         6. If a parent disagrees with the determination made by the
  704  district school board on the objection to the use of a specific
  705  material, a parent may request the Commissioner of Education to
  706  appoint a special magistrate who is a member of The Florida Bar
  707  in good standing and who has at least 5 years’ experience in
  708  administrative law. The special magistrate shall determine facts
  709  relating to the school district’s determination, consider
  710  information provided by the parent and the school district, and
  711  render a recommended decision for resolution to the State Board
  712  of Education within 30 days after receipt of the request by the
  713  parent. The State Board of Education must approve or reject the
  714  recommended decision at its next regularly scheduled meeting
  715  that is more than 7 calendar days and no more than 30 days after
  716  the date the recommended decision is transmitted. The costs of
  717  the special magistrate shall be borne by the school district.
  718  The State Board of Education shall adopt rules, including forms,
  719  necessary to implement this subparagraph.
  720         (e) Public participation.—Publish on its website, in a
  721  searchable format prescribed by the department, a list of all
  722  instructional materials, including those used to provide
  723  instruction required by s. 1003.42. Each district school board
  724  must:
  725         1. Provide access to all materials, excluding teacher
  726  editions, in accordance with s. 1006.283(2)(b)8.a. before the
  727  district school board takes any official action on such
  728  materials. This process must include reasonable safeguards
  729  against the unauthorized use, reproduction, and distribution of
  730  instructional materials considered for adoption.
  731         2. Select, approve, adopt, or purchase all materials as a
  732  separate line item on the agenda and provide a reasonable
  733  opportunity for public comment. The use of materials described
  734  in this paragraph may not be selected, approved, or adopted as
  735  part of a consent agenda.
  736         3. Annually, beginning June 30, 2023, submit to the
  737  Commissioner of Education a report that identifies:
  738         a. Each material for which the school district received an
  739  objection pursuant to subparagraph (a)2., including the grade
  740  level and course the material was used in, for the school year
  741  and the specific objections thereto.
  742         b. Each material that was removed or discontinued.
  743         c. Each material that was not removed or discontinued and
  744  the rationale for not removing or discontinuing the material.
  746  The department shall publish and regularly update a list of
  747  materials that were removed or discontinued, sorted by grade
  748  level, as a result of an objection and disseminate the list to
  749  school districts for consideration in their selection
  750  procedures.
  752         (b) Each district school superintendent shall annually
  753  notify the department by April 1 of each year the state-adopted
  754  instructional materials that will be requisitioned for use in
  755  his or her school district. The notification shall include a
  756  district school board plan for instructional materials use to
  757  assist in determining if adequate instructional materials have
  758  been requisitioned.
  759         (4) SCHOOL PRINCIPAL.—The school principal has the
  760  following duties for the management and care of materials at the
  761  school:
  762         (b) Money collected for lost or damaged instructional
  763  materials; enforcement.—The school principal may shall collect
  764  from each student or the student’s parent the purchase price of
  765  any instructional material the student has lost, destroyed, or
  766  unnecessarily damaged and to report and transmit the money
  767  collected to the district school superintendent. A student who
  768  fails to pay such sum may be suspended the failure to collect
  769  such sum upon reasonable effort by the school principal may
  770  result in the suspension of the student from participation in
  771  extracurricular activities. A student may satisfy or
  772  satisfaction of the debt by the student through community
  773  service activities at the school site as determined by the
  774  school principal, pursuant to policies adopted by district
  775  school board rule.
  776         Section 17. Subsection (1) of section 1006.283, Florida
  777  Statutes, is amended to read:
  778         1006.283 District school board instructional materials
  779  review process.—
  780         (1) A district school board or consortium of school
  781  districts may implement an instructional materials program that
  782  includes the review, recommendation, adoption, and purchase of
  783  instructional materials. The district school superintendent
  784  shall annually certify to the department by March 31 of each
  785  year that all instructional materials for core courses used by
  786  the district are aligned with applicable state standards. A list
  787  of the core instructional materials that will be used or
  788  purchased for use by the school district shall be included in
  789  the certification.
  790         Section 18. Subsection (4) of section 1007.33, Florida
  791  Statutes, is amended to read:
  792         1007.33 Site-determined baccalaureate degree access.—
  793         (4) A Florida College System institution may:
  794         (a) Offer specified baccalaureate degree programs through
  795  formal agreements between the Florida College System institution
  796  and other regionally accredited postsecondary educational
  797  institutions pursuant to s. 1007.22.
  798         (b) Offer baccalaureate degree programs that were
  799  authorized by law before prior to July 1, 2009.
  800         (c) Establish a first or subsequent baccalaureate degree
  801  program for purposes of meeting district, regional, or statewide
  802  workforce needs if approved by the State Board of Education
  803  under this section.
  805  The Board of Trustees of St. Petersburg College is authorized to
  806  establish one or more bachelor of applied science degree
  807  programs based on an analysis of workforce needs in Pinellas,
  808  Pasco, and Hernando Counties and other counties approved by the
  809  Department of Education. For each program selected, St.
  810  Petersburg College must offer a related associate in science or
  811  associate in applied science degree program, and the
  812  baccalaureate degree level program must be designed to
  813  articulate fully with at least one associate in science degree
  814  program. The college is encouraged to develop articulation
  815  agreements for enrollment of graduates of related associate in
  816  applied science degree programs. The Board of Trustees of St.
  817  Petersburg College is authorized to establish additional
  818  baccalaureate degree programs if it determines a program is
  819  warranted and feasible based on each of the factors in paragraph
  820  (5)(d). Prior to developing or proposing a new baccalaureate
  821  degree program, St. Petersburg College shall engage in need,
  822  demand, and impact discussions with the state university in its
  823  service district and other local and regional, accredited
  824  postsecondary providers in its region. Documentation, data, and
  825  other information from inter-institutional discussions regarding
  826  program need, demand, and impact shall be provided to the
  827  college’s board of trustees to inform the program approval
  828  process. Employment at St. Petersburg College is governed by the
  829  same laws that govern Florida College System institutions,
  830  except that upper-division faculty are eligible for continuing
  831  contracts upon the completion of the fifth year of teaching.
  832  Employee records for all personnel shall be maintained as
  833  required by s. 1012.81.
  834         Section 19. Paragraph (b) of subsection (9) of section
  835  1008.25, Florida Statutes, is amended, to read:
  836         1008.25 Public school student progression; student support;
  837  coordinated screening and progress monitoring; reporting
  838  requirements.—
  840         (b) Beginning with the 2022-2023 school year, private
  841  Voluntary Prekindergarten Education Program providers and public
  842  schools must participate in the coordinated screening and
  843  progress monitoring system pursuant to this paragraph.
  844         1. For students in the school-year Voluntary
  845  Prekindergarten Education Program through grade 2, the
  846  coordinated screening and progress monitoring system must be
  847  administered at least three times within a program year or
  848  school year, as applicable, with the first administration
  849  occurring no later than the first 30 instructional days after a
  850  student’s enrollment or the start of the program year or school
  851  year, the second administration occurring midyear, and the third
  852  administration occurring within the last 30 days of the program
  853  or school year pursuant to state board rule. The state board may
  854  adopt alternate timeframes to address nontraditional school year
  855  calendars or summer programs to ensure the coordinated screening
  856  and progress monitoring program is administered a minimum of
  857  three times within a year or program.
  858         2.For students in the summer prekindergarten program, the
  859  coordinated screening and progress monitoring system must be
  860  administered two times, with the first administration occurring
  861  no later than the first 10 instructional days after a student’s
  862  enrollment or the start of the summer prekindergarten program,
  863  and the second administration occurring within the last 10 days
  864  of the summer prekindergarten program pursuant to state board
  865  rule.
  866         3.2. For grades 3 through 10 English Language Arts and
  867  grades 3 through 8 Mathematics, the coordinated screening and
  868  progress monitoring system must be administered at the
  869  beginning, middle, and end of the school year pursuant to state
  870  board rule. The end-of-year administration of the coordinated
  871  screening and progress monitoring system must be a comprehensive
  872  progress monitoring assessment administered in accordance with
  873  the scheduling requirements under s. 1008.22(7)(c).
  874         Section 20. Paragraph (c) of subsection (1) of section
  875  1008.31, Florida Statutes, is amended to read:
  876         1008.31 Florida’s Early Learning-20 education performance
  877  accountability system; legislative intent; mission, goals, and
  878  systemwide measures; data quality improvements.—
  879         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  880  that:
  881         (c) The Early Learning-20 education performance
  882  accountability system comply with the requirements of the “Every
  883  Student Succeeds Act of 2015”, Pub. L. No. 114–95, “No Child
  884  Left Behind Act of 2001,” Pub. L. No. 107-110, and the
  885  Individuals with Disabilities Education Act (IDEA).
  886         Section 21. Section 1008.332, Florida Statutes, is amended
  887  to read:
  888         1008.332 Committee of practitioners pursuant to federal
  889  Every Student Succeeds No Child Left Behind Act.—The Department
  890  of Education shall establish a committee of practitioners
  891  pursuant to federal requirements of the Every Student Succeeds
  892  No Child Left Behind Act of 2015 2001. The committee members
  893  shall be appointed by the Commissioner of Education and shall
  894  annually report to the Governor, the President of the Senate,
  895  and the Speaker of the House of Representatives by January 1.
  896  The committee shall meet regularly and is authorized to review
  897  potential rules and policies that will be considered by the
  898  State Board of Education.
  899         Section 22. Paragraph (c) of subsection (3) and subsection
  900  (5) of section 1008.34, Florida Statutes, are amended to read:
  901         1008.34 School grading system; school report cards;
  902  district grade.—
  904         (c)1. The calculation of a school grade shall be based on
  905  the percentage of points earned from the components listed in
  906  subparagraph (b)1. and, if applicable, subparagraph (b)2. The
  907  State Board of Education shall adopt in rule a school grading
  908  scale that sets the percentage of points needed to earn each of
  909  the school grades listed in subsection (2). There shall be at
  910  least five percentage points separating the percentage
  911  thresholds needed to earn each of the school grades. The state
  912  board shall annually review the percentage of school grades of
  913  “A” and “B” for the school year to determine whether to adjust
  914  the school grading scale upward for the following school year’s
  915  school grades. The first adjustment would occur no earlier than
  916  the 2023-2024 school year. An adjustment must be made if the
  917  percentage of schools earning a grade of “A” or “B” in the
  918  current year represents 75 percent or more of all graded schools
  919  within a particular school type, which consists of elementary,
  920  middle, high, and combination. The adjustment must reset the
  921  minimum required percentage of points for each grade of “A,”
  922  “B,” “C,” or “D” at the next highest percentage ending in the
  923  numeral 5 or 0, whichever is closest to the current percentage.
  924  Annual reviews of the percentage of schools earning a grade of
  925  “A” or “B” and adjustments to the required points must be
  926  suspended when the following grading scale for a specific school
  927  type is achieved:
  928         a. Ninety percent or more of the points for a grade of “A.”
  929         b. Eighty to eighty-nine percent of the points for a grade
  930  of “B.”
  931         c. Seventy to seventy-nine percent of the points for a
  932  grade of “C.”
  933         d. Sixty to sixty-nine percent of the points for a grade of
  934  “D.”
  936  When the state board adjusts the grading scale upward, the state
  937  board must inform the public of the degree of the adjustment and
  938  its anticipated impact on school grades. Any changes made by the
  939  state board to components in the school grades model or to the
  940  school grading scale shall go into effect in the following
  941  school year, at the earliest.
  942         2. The calculation of school grades may not include any
  943  provision that would raise or lower the school’s grade beyond
  944  the percentage of points earned. Extra weight may not be added
  945  in the calculation of any components.
  946         (5) DISTRICT GRADE.—Beginning with the 2014-2015 school
  947  year, a school district’s grade shall include a district-level
  948  calculation of the components under paragraph (3)(b). This
  949  calculation methodology captures each eligible student in the
  950  district who may have transferred among schools within the
  951  district or is enrolled in a school that does not receive a
  952  grade. The department shall develop a district report card that
  953  includes the district grade; the information required under s.
  954  1008.345(3) s. 1008.345(5); measures of the district’s progress
  955  in closing the achievement gap between higher-performing student
  956  subgroups and lower-performing student subgroups; measures of
  957  the district’s progress in demonstrating Learning Gains of its
  958  highest-performing students; measures of the district’s success
  959  in improving student attendance; the district’s grade-level
  960  promotion of students scoring achievement levels 1 and 2 on
  961  statewide, standardized English Language Arts and Mathematics
  962  assessments; and measures of the district’s performance in
  963  preparing students for the transition from elementary to middle
  964  school, middle to high school, and high school to postsecondary
  965  institutions and careers.
  966         Section 23. Subsections (5) through (7) of section
  967  1008.345, Florida Statutes, are renumbered as subsections (3)
  968  through (5), respectively, and present subsections (3), (4), and
  969  (5) and paragraph (d) of present subsection (6) of that section
  970  are amended, to read:
  971         1008.345 Implementation of state system of school
  972  improvement and education accountability.—
  973         (3)The annual feedback report shall be developed by the
  974  Department of Education.
  975         (4)The commissioner shall review each district school
  976  board’s feedback report and submit findings to the State Board
  977  of Education. If adequate progress is not being made toward
  978  implementing and maintaining a system of school improvement and
  979  education accountability, the State Board of Education shall
  980  direct the commissioner to prepare and implement a corrective
  981  action plan. The commissioner and State Board of Education shall
  982  monitor the development and implementation of the corrective
  983  action plan.
  984         (3)(5) The commissioner shall annually report to the State
  985  Board of Education and the Legislature and recommend changes in
  986  state policy necessary to foster school improvement and
  987  education accountability. The report must shall include:
  988         (a) for each school district:
  989         (a)1. The percentage of students, by school and grade
  990  level, demonstrating learning growth in English Language Arts
  991  and mathematics.
  992         (b)2. The percentage of students, by school and grade
  993  level, in both the highest and lowest quartiles demonstrating
  994  learning growth in English Language Arts and mathematics.
  995         (c)3. The information contained in the school district’s
  996  annual report required pursuant to s. 1008.25(10).
  997         (b)Intervention and support strategies used by school
  998  districts whose students in both the highest and lowest
  999  quartiles exceed the statewide average learning growth for
 1000  students in those quartiles.
 1001         (c)Intervention and support strategies used by school
 1002  districts whose schools provide educational services to youth in
 1003  Department of Juvenile Justice programs that demonstrate
 1004  learning growth in English Language Arts and mathematics that
 1005  exceeds the statewide average learning growth for students in
 1006  those subjects.
 1007         (d)Based upon a review of each school district’s reading
 1008  instruction plan submitted pursuant to s. 1003.4201,
 1009  intervention and support strategies used by school districts
 1010  that were effective in improving the reading performance of
 1011  students, as indicated by student performance data, who are
 1012  identified as having a substantial reading deficiency pursuant
 1013  to s. 1008.25(5)(a).
 1015  School reports must shall be distributed pursuant to this
 1016  subsection and s. 1001.42(18)(c) and according to rules adopted
 1017  by the State Board of Education.
 1018         (4)(6)
 1019         (d) The commissioner shall assign a community assessment
 1020  team to each school district or governing board with a school
 1021  that earned a grade of “D” or “F” pursuant to s. 1008.34 to
 1022  review the school performance data and determine causes for the
 1023  low performance, including the role of school, area, and
 1024  district administrative personnel. The community assessment team
 1025  shall review a high school’s graduation rate calculated without
 1026  high school equivalency diploma recipients for the past 3 years,
 1027  disaggregated by student ethnicity. The team shall make
 1028  recommendations to the school board or the governing board and
 1029  to the State Board of Education based on the interventions and
 1030  support strategies identified pursuant to subsection (5) to
 1031  address the causes of the school’s low performance and to
 1032  incorporate the strategies into the school improvement plan. The
 1033  assessment team shall include, but not be limited to, a
 1034  department representative, parents, business representatives,
 1035  educators, representatives of local governments, and community
 1036  activists, and shall represent the demographics of the community
 1037  from which they are appointed.
 1038         Section 24. Subsection (3) of section 1008.45, Florida
 1039  Statutes, is amended to read:
 1040         1008.45 Florida College System institution accountability
 1041  process.—
 1042         (3) The State Board of Education shall address within the
 1043  annual evaluation of the performance of the executive director,
 1044  and the Florida College System institution boards of trustees
 1045  shall address within the annual evaluation of the presidents,
 1046  the achievement of the performance goals established by the
 1047  accountability process.
 1048         Section 25. Paragraph (d) of subsection (2) of section
 1049  1000.05, Florida Statutes, is amended to read:
 1050         1000.05 Discrimination against students and employees in
 1051  the Florida K-20 public education system prohibited; equality of
 1052  access required.—
 1053         (2)
 1054         (d) Students may be separated by sex for a single-gender
 1055  program as provided under s. 1002.311, for any portion of a
 1056  class that deals with human reproduction, or during
 1057  participation in bodily contact sports. For the purpose of this
 1058  section, bodily contact sports include wrestling, boxing, rugby,
 1059  ice hockey, football, basketball, and other sports in which the
 1060  purpose or major activity involves bodily contact.
 1061         Section 26. Paragraph (b) of subsection (2) of section
 1062  1002.31, Florida Statutes, is amended to read:
 1063         1002.31 Controlled open enrollment; public school parental
 1064  choice.—
 1065         (2)
 1066         (b) Each school district and charter school capacity
 1067  determinations for its schools, by grade level, must be updated
 1068  every 12 weeks and be identified on the school district and
 1069  charter school’s websites. In determining the capacity of each
 1070  district school, the district school board shall incorporate the
 1071  specifications, plans, elements, and commitments contained in
 1072  the school district educational facilities plan and the long
 1073  term work programs required under s. 1013.35. Each charter
 1074  school governing board shall determine capacity based upon its
 1075  charter school contract. Each virtual charter school and each
 1076  school district with a contract with an approved virtual
 1077  instruction program provider shall determine capacity based upon
 1078  the enrollment requirements established under s. 1002.45(1)(d)4.
 1079  s. 1002.45(1)(e)4.
 1080         Section 27. Subsection (3) of section 1002.321, Florida
 1081  Statutes, is amended to read:
 1082         1002.321 Digital learning.—
 1083         (3) CUSTOMIZED AND ACCELERATED LEARNING.—A school district
 1084  must establish multiple opportunities for student participation
 1085  in part-time and full-time kindergarten through grade 12 virtual
 1086  instruction. Options include, but are not limited to:
 1087         (a) School district operated part-time or full-time virtual
 1088  instruction programs under s. 1002.45 s. 1002.45(1)(b) for
 1089  kindergarten through grade 12 students enrolled in the school
 1090  district. A full-time program shall operate under its own Master
 1091  School Identification Number.
 1092         (b) Florida Virtual School instructional services
 1093  authorized under s. 1002.37.
 1094         (c) Blended learning instruction provided by charter
 1095  schools authorized under s. 1002.33.
 1096         (d) Virtual charter school instruction authorized under s.
 1097  1002.33.
 1098         (e) Courses delivered in the traditional school setting by
 1099  personnel providing direct instruction through virtual
 1100  instruction or through blended learning courses consisting of
 1101  both traditional classroom and online instructional techniques
 1102  pursuant to s. 1003.498.
 1103         (f) Virtual courses offered in the course code directory to
 1104  students within the school district or to students in other
 1105  school districts throughout the state pursuant to s. 1003.498.
 1106         Section 28. Subsection (1), paragraph (a) of subsection
 1107  (6), and paragraph (a) of subsection (10) of section 1002.33,
 1108  Florida Statutes, are amended to read:
 1109         1002.33 Charter schools.—
 1110         (1) AUTHORIZATION.—All charter schools in Florida are
 1111  public schools and shall be part of the state’s program of
 1112  public education. A charter school may be formed by creating a
 1113  new school or converting an existing public school to charter
 1114  status. A charter school may operate a virtual charter school
 1115  pursuant to s. 1002.45(1)(c) s. 1002.45(1)(d) to provide online
 1116  instruction to students, pursuant to s. 1002.455, in
 1117  kindergarten through grade 12. The school district in which the
 1118  student enrolls in the virtual charter school shall report the
 1119  student for funding pursuant to s. 1011.61(1)(c)1.b.(VI), and
 1120  the home school district shall not report the student for
 1121  funding. An existing charter school that is seeking to become a
 1122  virtual charter school must amend its charter or submit a new
 1123  application pursuant to subsection (6) to become a virtual
 1124  charter school. A virtual charter school is subject to the
 1125  requirements of this section; however, a virtual charter school
 1126  is exempt from subparagraph (7)(a)13., subsections (18) and
 1127  (19), paragraph (20)(c), and s. 1003.03. A public school may not
 1128  use the term charter in its name unless it has been approved
 1129  under this section.
 1130         (6) APPLICATION PROCESS AND REVIEW.—Charter school
 1131  applications are subject to the following requirements:
 1132         (a) A person or entity seeking to open a charter school
 1133  shall prepare and submit an application on the standard
 1134  application form prepared by the Department of Education which:
 1135         1. Demonstrates how the school will use the guiding
 1136  principles and meet the statutorily defined purpose of a charter
 1137  school.
 1138         2. Provides a detailed curriculum plan that illustrates how
 1139  students will be provided services to attain the state academic
 1140  standards.
 1141         3. Contains goals and objectives for improving student
 1142  learning and measuring that improvement. These goals and
 1143  objectives must indicate how much academic improvement students
 1144  are expected to show each year, how success will be evaluated,
 1145  and the specific results to be attained through instruction.
 1146         4. Describes the reading curriculum and differentiated
 1147  strategies that will be used for students reading at grade level
 1148  or higher and a separate curriculum and strategies for students
 1149  who are reading below grade level. Reading instructional
 1150  strategies for foundational skills shall include phonics
 1151  instruction for decoding and encoding as the primary
 1152  instructional strategy for word reading. Instructional
 1153  strategies may not employ the three-cueing system model of
 1154  reading or visual memory as a basis for teaching word reading.
 1155  Such strategies may include visual information and strategies
 1156  that improve background and experiential knowledge, add context,
 1157  and increase oral language and vocabulary to support
 1158  comprehension, but may not be used to teach word reading. A
 1159  sponsor shall deny an application if the school does not propose
 1160  a reading curriculum that is consistent with effective teaching
 1161  strategies that are grounded in scientifically based reading
 1162  research.
 1163         5. Contains an annual financial plan for each year
 1164  requested by the charter for operation of the school for up to 5
 1165  years. This plan must contain anticipated fund balances based on
 1166  revenue projections, a spending plan based on projected revenues
 1167  and expenses, and a description of controls that will safeguard
 1168  finances and projected enrollment trends.
 1169         6. Discloses the name of each applicant, governing board
 1170  member, and all proposed education services providers; the name
 1171  and sponsor of any charter school operated by each applicant,
 1172  each governing board member, and each proposed education
 1173  services provider that has closed and the reasons for the
 1174  closure; and the academic and financial history of such charter
 1175  schools, which the sponsor shall consider in deciding whether to
 1176  approve or deny the application.
 1177         7. Contains additional information a sponsor may require,
 1178  which shall be attached as an addendum to the charter school
 1179  application described in this paragraph.
 1180         8. For the establishment of a virtual charter school,
 1181  documents that the applicant has contracted with a provider of
 1182  virtual instruction services pursuant to s. 1002.45(1)(c) s.
 1183  1002.45(1)(d).
 1184         9. Describes the mathematics curriculum and differentiated
 1185  strategies that will be used for students performing at grade
 1186  level or higher and a separate mathematics curriculum and
 1187  strategies for students who are performing below grade level.
 1188         (10) ELIGIBLE STUDENTS.—
 1189         (a)1. A charter school may be exempt from the requirements
 1190  of s. 1002.31 if the school is open to any student covered in an
 1191  interdistrict agreement and any student residing in the school
 1192  district in which the charter school is located.
 1193         2. A virtual charter school when enrolling students shall
 1194  comply with the applicable requirements of s. 1002.31 and with
 1195  the enrollment requirements established under s. 1002.45(1)(d)4.
 1196  s. 1002.45(1)(e)4.
 1197         3. A charter lab school shall be open to any student
 1198  eligible to attend the lab school as provided in s. 1002.32 or
 1199  who resides in the school district in which the charter lab
 1200  school is located.
 1201         4. Any eligible student shall be allowed interdistrict
 1202  transfer to attend a charter school when based on good cause.
 1203  Good cause shall include, but is not limited to, geographic
 1204  proximity to a charter school in a neighboring school district.
 1205         Section 29. Subsections (1), (2), and (5) of section
 1206  1002.455, Florida Statutes, are amended to read:
 1207         1002.455 Student eligibility for K-12 virtual instruction.
 1208  All students, including home education and private school
 1209  students, are eligible to participate in any of the following
 1210  virtual instruction options:
 1211         (1) School district operated part-time or full-time
 1212  kindergarten through grade 12 virtual instruction programs
 1213  pursuant to s. 1002.45(1)(b)4. s. 1002.45(1)(c)4. to students
 1214  within the school district.
 1215         (2) Part-time or full-time virtual charter school
 1216  instruction authorized pursuant to s. 1002.45(1)(b)5. s.
 1217  1002.45(1)(c)5. to students within the school district or to
 1218  students in other school districts throughout the state pursuant
 1219  to s. 1002.31; however, the school district enrolling the full
 1220  time equivalent virtual student shall comply with the enrollment
 1221  requirements established under s. 1002.45(1)(d)4. s.
 1222  1002.45(1)(e)4.
 1223         (5) Virtual instruction provided by a school district
 1224  through a contract with an approved virtual instruction program
 1225  provider pursuant to s. 1002.45(1)(b)2. s. 1002.45(1)(c)2. to
 1226  students within the school district or to students in other
 1227  school districts throughout the state pursuant to s. 1002.31;
 1228  however the school district enrolling the full-time equivalent
 1229  virtual student shall comply with the enrollment requirements
 1230  established under s. 1002.45(1)(d)4. s. 1002.45(1)(e)4.
 1231         Section 30. Paragraph (a) of subsection (3) and paragraph
 1232  (e) of subsection (7) of section 1008.22, Florida Statutes, are
 1233  amended to read:
 1234         1008.22 Student assessment program for public schools.—
 1236  Commissioner of Education shall design and implement a
 1237  statewide, standardized assessment program aligned to the core
 1238  curricular content established in the state academic standards.
 1239  The commissioner also must develop or select and implement a
 1240  common battery of assessment tools that will be used in all
 1241  juvenile justice education programs in the state. These tools
 1242  must accurately measure the core curricular content established
 1243  in the state academic standards. Participation in the assessment
 1244  program is mandatory for all school districts and all students
 1245  attending public schools, including adult students seeking a
 1246  standard high school diploma under s. 1003.4282 and students in
 1247  Department of Juvenile Justice education programs, except as
 1248  otherwise provided by law. If a student does not participate in
 1249  the assessment program, the school district must notify the
 1250  student’s parent and provide the parent with information
 1251  regarding the implications of such nonparticipation. The
 1252  statewide, standardized assessment program shall be designed and
 1253  implemented as follows:
 1254         (a) Statewide, standardized comprehensive assessments.—
 1255         1. The statewide, standardized English Language Arts (ELA)
 1256  assessments shall be administered to students in grades 3
 1257  through 10. Retake opportunities for the grade 10 ELA assessment
 1258  must be provided. Reading passages and writing prompts for ELA
 1259  assessments shall incorporate grade-level core curricula content
 1260  from social studies. The statewide, standardized Mathematics
 1261  assessments shall be administered annually in grades 3 through
 1262  8. The statewide, standardized Science assessment shall be
 1263  administered annually at least once at the elementary and middle
 1264  grades levels. In order to earn a standard high school diploma,
 1265  a student who has not earned a passing score on the grade 10 ELA
 1266  assessment must earn a passing score on the assessment retake or
 1267  earn a concordant score as authorized under subsection (9).
 1268         2. Beginning with the 2022-2023 school year, the end-of
 1269  year comprehensive progress monitoring assessment administered
 1270  pursuant to s. 1008.25(9)(b)3. s. 1008.25(9)(b)2. is the
 1271  statewide, standardized ELA assessment for students in grades 3
 1272  through 10 and the statewide, standardized Mathematics
 1273  assessment for students in grades 3 through 8.
 1275         (e) A school district may not schedule more than 5 percent
 1276  of a student’s total school hours in a school year to administer
 1277  statewide, standardized assessments; the coordinated screening
 1278  and progress monitoring system under s. 1008.25(9)(b)3. s.
 1279  1008.25(9)(b)2.; and district-required local assessments. The
 1280  district must secure written consent from a student’s parent
 1281  before administering district-required local assessments that,
 1282  after applicable statewide, standardized assessments and
 1283  coordinated screening and progress monitoring are scheduled,
 1284  exceed the 5 percent test administration limit for that student
 1285  under this paragraph. The 5 percent test administration limit
 1286  for a student under this paragraph may be exceeded as needed to
 1287  provide test accommodations that are required by an IEP or are
 1288  appropriate for an English language learner who is currently
 1289  receiving services in a program operated in accordance with an
 1290  approved English language learner district plan pursuant to s.
 1291  1003.56. Notwithstanding this paragraph, a student may choose
 1292  within a school year to take an examination or assessment
 1293  adopted by State Board of Education rule pursuant to this
 1294  section and ss. 1007.27, 1008.30, and 1008.44.
 1295         Section 31. Subsection (4) of section 1008.37, Florida
 1296  Statutes, is amended to read:
 1297         1008.37 Postsecondary feedback of information to high
 1298  schools.—
 1299         (4) As a part of the school improvement plan pursuant to s.
 1300  1008.345, the State Board of Education shall ensure that each
 1301  school district and high school develops strategies to improve
 1302  student readiness for the public postsecondary level based on
 1303  annual analysis of the feedback report data.
 1304         Section 32. Paragraph (a) of subsection (4) of section
 1305  1013.841, Florida Statutes, is amended to read:
 1306         1013.841 End of year balance of Florida College System
 1307  institution funds.—
 1308         (4) A Florida College System institution identified in
 1309  paragraph (3)(b) must include in its carry forward spending plan
 1310  the estimated cost per planned expenditure and a timeline for
 1311  completion of the expenditure. Authorized expenditures in a
 1312  carry forward spending plan may include:
 1313         (a) Commitment of funds to a public education capital
 1314  outlay project for which an appropriation was previously
 1315  provided, which requires additional funds for completion, and
 1316  which is included in the list required by s. 1001.03(18)(d) s.
 1317  1001.03(19)(d);
 1318         Section 33. This act shall take effect July 1, 2024.