Florida Senate - 2025 SB 166
By Senator Simon
3-01169C-25 2025166__
1 A bill to be entitled
2 An act relating to administrative efficiency in public
3 schools; amending s. 120.81, F.S.; exempting district
4 school boards from requirements for adopting certain
5 rules; amending s. 1001.02, F.S.; revising a duty of
6 the State Board of Education to adopt certain rules;
7 amending s. 1001.23, F.S.; requiring the Department of
8 Education to annually inform district school
9 superintendents by a specified date that they are
10 authorized to petition to receive a specified
11 declaratory statement; requiring the department to
12 annually maintain and provide school districts with a
13 list of statutory and rule requirements; providing
14 requirements for such list; amending s. 1001.42, F.S.;
15 deleting a requirement for a district school board to
16 employ an internal auditor in certain circumstances;
17 amending s. 1002.20, F.S.; deleting a requirement that
18 the school financial report be included in the student
19 handbook; requiring the department to produce
20 specified reports relating to school accountability
21 and make such reports available on the department’s
22 website; requiring each school district to provide a
23 link to such reports; amending s. 1002.31, F.S.;
24 revising how often a school district or charter school
25 must update its school capacity determination;
26 deleting a requirement relating to school capacity
27 determination by district school boards; conforming a
28 cross-reference; amending s. 1002.33, F.S.; conforming
29 a provision relating to a 5-year facilities plan;
30 amending s. 1002.394, F.S.; revising the timeframe for
31 a school district to develop an IEP and matrix of
32 services after receipt of a parent’s request; amending
33 s. 1002.451, F.S.; requiring innovation schools of
34 technology to comply with specified provisions
35 relating to instructional multiyear contracts, in
36 addition to annual contracts, for instructional
37 personnel in addition to annual contracts; amending s.
38 1002.61, F.S.; removing public schools from a
39 requirement for early learning coalitions to verify
40 compliance with law; amending s. 1002.63, F.S.;
41 deleting a requirement for an early learning coalition
42 to verify that certain public schools comply with
43 specified provisions; amending s. 1002.71, F.S.;
44 revising requirements relating to district school
45 board attendance policies for Voluntary
46 Prekindergarten Education Programs; requiring a school
47 district to certify its attendance records for a
48 Voluntary Prekindergarten Education Program; amending
49 s. 1003.03, F.S.; deleting a requirement for district
50 school boards to provide an accountability plan to the
51 Commissioner of Education under certain conditions;
52 amending s. 1003.26, F.S.; authorizing a district
53 school board to determine a timeframe for purposes of
54 addressing a student’s absences; amending s.
55 1003.4282, F.S.; revising requirements for assessments
56 needed for a student to earn a high school diploma;
57 deleting a requirement for a student who transfers
58 into a public high school to take specified
59 assessments; revising the courses for which the
60 transferring course final grade must be honored for a
61 transfer student under certain conditions; amending s.
62 1003.433, F.S.; deleting requirements that must be met
63 by students who transfer to a public school for 11th
64 or 12th grade; amending s. 1006.1494, F.S.; providing
65 that provisions relating to student online personal
66 information protection do not impose requirements for
67 a K-12 school, school district, or school board;
68 amending s. 1006.40, F.S.; revising the timeframe
69 within which certain instructional materials must be
70 purchased; amending s. 1008.212, F.S.; providing that
71 certain assessments are not subject to specified
72 requirements; revising a deadline for IEP teams to
73 submit requests for extraordinary exemptions; amending
74 s. 1008.22, F.S.; requiring the Commissioner of
75 Education to notify school districts of the assessment
76 schedule for a specified time interval; deleting
77 requirements relating to a uniform calendar that must
78 be published by the commissioner each year; revising
79 an annual timeframe for each school district to
80 establish schedules for the administration of
81 statewide, standardized assessments; requiring each
82 school district to publish certain information
83 regarding such schedules on its website; conforming
84 provisions to changes made by the act; amending s.
85 1008.25, F.S.; specifying the score needed on any
86 administration of the coordinated screening and
87 progress monitoring system for a student to be
88 promoted to grade 4; conforming cross-references;
89 amending s. 1008.33, F.S.; prohibiting a school from
90 being required to use a certain parameter as the sole
91 determining factor to recruit instructional personnel;
92 providing requirements for a rule adopted by the State
93 Board of Education; amending s. 1010.20, F.S.;
94 requiring charter schools to respond to monitoring
95 questions from the department; amending s. 1011.035,
96 F.S.; deleting a requirement that each district school
97 board budget posted on the school board’s website
98 include a graphical representation of specified
99 information; revising website requirements; amending
100 s. 1011.14, F.S.; revising the types of facilities for
101 which district school boards may incur certain
102 financial obligations; amending s. 1011.60, F.S.;
103 revising circumstances under which the State Board of
104 Education may alter the length of school terms for
105 certain school districts; amending s. 1011.62, F.S.;
106 deleting a requirement that certain full-time
107 equivalent bonuses under the Florida Education Finance
108 Program be paid only to teachers who are employed by
109 the district when the bonus is calculated; amending s.
110 1011.6202, F.S.; requiring schools participating in
111 the Principal Autonomy Program Initiative to comply
112 with specified provisions relating to instructional
113 multiyear contracts, in addition to annual contracts,
114 for instructional personnel; amending s. 1011.69,
115 F.S.; deleting a requirement relating to Title I fund
116 allocations to schools; providing a new category of
117 funding school districts are authorized to withhold;
118 revising a category of funding a school district is
119 authorized to withhold; requiring the department to
120 make certain funds available to local education
121 agencies; amending s. 1011.71, F.S.; revising
122 specified vehicles that may be purchased or leased
123 using specified revenue; revising the types of
124 facilities payments that may be made from such
125 revenue; amending s. 1012.22, F.S.; providing
126 requirements for advanced degrees which may be used to
127 set salary schedules for instructional personnel and
128 school administrators hired after a specified date;
129 specifying district school board activities that may
130 not be precluded by collective bargaining; amending s.
131 1012.335, F.S.; defining the term “instructional
132 multiyear contract”; providing requirements for the
133 award of an instructional multiyear contract;
134 requiring that an employee awarded an instructional
135 multiyear contract be returned to an annual contract
136 under certain conditions; making conforming and
137 technical changes; amending s. 1012.34, F.S.;
138 requiring that procedures and requirements established
139 by the district school superintendent for performance
140 evaluations be approved by the district school board;
141 requiring the district school superintendent to submit
142 evaluation systems to the department under certain
143 circumstances; deleting a requirement for the
144 department to approve and monitor each school
145 district’s evaluation systems; revising the portion of
146 a performance evaluation that is based on student
147 performance; deleting certain performance evaluation
148 requirements; providing that student performance may
149 not be the sole determinant for incentive pay for
150 instructional personnel or school administrators;
151 amending s. 1012.39, F.S.; revising an occupational
152 experience qualification requirement for nondegreed
153 teachers of career programs; deleting a training
154 requirement for full-time nondegreed teachers of
155 career programs; amending s. 1012.555, F.S.; revising
156 eligibility requirements for individuals to
157 participate in the Teacher Apprenticeship Program;
158 amending employment requirements for paraprofessionals
159 to serve as an apprentice teacher; amending s.
160 1012.56, F.S.; specifying individuals who must
161 demonstrate mastery of general knowledge for educator
162 certification; authorizing school districts and
163 consortia of school districts to issue temporary
164 certificates under certain conditions; conforming a
165 cross-reference; amending s. 1012.585, F.S.; revising
166 the validity period for professional certificates;
167 providing eligibility requirements for 5-year and 10
168 year professional certificates; revising requirements
169 for the renewal of professional certificates; amending
170 s. 1013.19, F.S.; requiring that proceeds from certain
171 sales or leases of property be used for specified
172 purposes by boards of trustees for Florida College
173 System institutions or state universities; amending s.
174 1013.35, F.S.; deleting definitions; revising
175 requirements for the contents of a district school
176 board’s tentative district educational facilities
177 plan; deleting provisions relating to district school
178 boards coordinating with local governments to ensure
179 consistency between school district and local
180 government plans; authorizing, rather than requiring,
181 local governments to review tentative district
182 educational facilities plans; making conforming
183 changes; amending s. 1013.41, F.S.; revising
184 requirements for an educational facilities plan;
185 revising the duties of the Office of Educational
186 Facilities; amending s. 1013.45, F.S.; specifying that
187 Florida College System institution and state
188 university boards of trustees are required to use an
189 architect for the development of certain plans;
190 deleting district school board requirements for
191 certain construction plans; repealing s. 1013.451,
192 F.S., relating to life-cycle costs comparisons;
193 amending s. 1013.62, F.S.; conforming a cross
194 reference; amending s. 1013.64, F.S.; revising
195 determinations of allocations from the Public
196 Education Capital Outlay and Debt Service Trust Fund;
197 revising criteria for construction project funding
198 from a specified account; revising district school
199 board requirements relating to educational plant
200 construction; amending ss. 163.3180, 1002.68,
201 1003.631, 1004.04, 1004.85, 1012.586, and 1012.98,
202 F.S.; conforming cross-references; providing effective
203 dates.
204
205 Be It Enacted by the Legislature of the State of Florida:
206
207 Section 1. Paragraph (a) of subsection (1) of section
208 120.81, Florida Statutes, is amended to read:
209 120.81 Exceptions and special requirements; general areas.—
210 (1) EDUCATIONAL UNITS.—
211 (a) District school boards are not subject to the
212 requirements for rules in this chapter when making and adopting
213 rules with public input at a public meeting. Notwithstanding s.
214 120.536(1) and the flush left provisions of s. 120.52(8),
215 district school boards may adopt rules to implement their
216 general powers under s. 1001.41.
217 Section 2. Paragraph (n) of subsection (2) of section
218 1001.02, Florida Statutes, is amended to read:
219 1001.02 General powers of State Board of Education.—
220 (2) The State Board of Education has the following duties:
221 (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
222 120.54, within statutory authority as specifically provided by
223 law.
224 Section 3. Subsections (5) and (6) are added to section
225 1001.23, Florida Statutes, to read:
226 1001.23 Specific powers and duties of the Department of
227 Education.—In addition to all other duties assigned to it by law
228 or by rule of the State Board of Education, the department
229 shall:
230 (5) Annually by August 1, inform district school
231 superintendents that pursuant to s. 120.565, the superintendents
232 may receive a declaratory statement, within 90 days after
233 submitting a petition to receive such statement, regarding the
234 department’s opinion as to the applicability of a statutory or
235 rule provision to a school district as it applies to the
236 district’s particular set of circumstances.
237 (6) Annually maintain and make available to school
238 districts a list of all requirements in statute and rule
239 relating to required actions by district school boards or
240 superintendents. The list must include, but is not limited to,
241 required parent notifications; information that must be posted
242 to the district website; and reporting, filing, and
243 certification requirements.
244 Section 4. Paragraph (l) of subsection (12) of section
245 1001.42, Florida Statutes, is amended to read:
246 1001.42 Powers and duties of district school board.—The
247 district school board, acting as a board, shall exercise all
248 powers and perform all duties listed below:
249 (12) FINANCE.—Take steps to assure students adequate
250 educational facilities through the financial procedure
251 authorized in chapters 1010 and 1011 and as prescribed below:
252 (l) Internal auditor.—May or, in the case of a school
253 district receiving annual federal, state, and local funds in
254 excess of $500 million, shall employ an internal auditor. The
255 scope of the internal auditor shall not be restricted and shall
256 include every functional and program area of the school system.
257 1. The internal auditor shall perform ongoing financial
258 verification of the financial records of the school district, a
259 comprehensive risk assessment of all areas of the school system
260 every 5 years, and other audits and reviews as the district
261 school board directs for determining:
262 a. The adequacy of internal controls designed to prevent
263 and detect fraud, waste, and abuse as defined in s. 11.45(1).
264 b. Compliance with applicable laws, rules, contracts, grant
265 agreements, district school board-approved policies, and best
266 practices.
267 c. The efficiency of operations.
268 d. The reliability of financial records and reports.
269 e. The safeguarding of assets.
270 f. Financial solvency.
271 g. Projected revenues and expenditures.
272 h. The rate of change in the general fund balance.
273 2. The internal auditor shall prepare audit reports of his
274 or her findings and report directly to the district school board
275 or its designee.
276 3. Any person responsible for furnishing or producing any
277 book, record, paper, document, data, or sufficient information
278 necessary to conduct a proper audit or examination which the
279 internal auditor is by law authorized to perform is subject to
280 the provisions of s. 11.47(3) and (4).
281 Section 5. Subsection (16) of section 1002.20, Florida
282 Statutes, is amended to read:
283 1002.20 K-12 student and parent rights.—Parents of public
284 school students must receive accurate and timely information
285 regarding their child’s academic progress and must be informed
286 of ways they can help their child to succeed in school. K-12
287 students and their parents are afforded numerous statutory
288 rights including, but not limited to, the following:
289 (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
290 REPORTS; FISCAL TRANSPARENCY.—Parents of public school students
291 have the right to an easy-to-read report card about the school’s
292 grade designation or, if applicable under s. 1008.341, the
293 school’s improvement rating, and the school’s accountability
294 report, including the school financial report as required under
295 s. 1010.215. The school financial report must be provided to the
296 parents and indicate the average amount of money expended per
297 student in the school, which must also be included in the
298 student handbook or a similar publication. The department shall
299 produce the reports required under this subsection and make the
300 reports for each school available on the department’s website in
301 a prominent location. Each public school district must provide a
302 link on its website to such reports for parent access.
303 Section 6. Paragraph (b) of subsection (2) and subsection
304 (5) of section 1002.31, Florida Statutes, are amended to read:
305 1002.31 Controlled open enrollment; public school parental
306 choice.—
307 (2)
308 (b) Each school district and charter school capacity
309 determinations for its schools, by grade level, must be updated
310 at least twice annually every 12 weeks and be identified on the
311 school district and charter school’s websites. In determining
312 the capacity of each district school, the district school board
313 shall incorporate the specifications, plans, elements, and
314 commitments contained in the school district educational
315 facilities plan and the long-term work programs required under
316 s. 1013.35. Each charter school governing board shall determine
317 capacity based upon its charter school contract. Each virtual
318 charter school and each school district with a contract with an
319 approved virtual instruction program provider shall determine
320 capacity based upon the enrollment requirements established
321 under s. 1002.45(1)(d)4.
322 (5) For a school or program that is a public school of
323 choice under this section, the calculation for compliance with
324 maximum class size pursuant to s. 1003.03(4) is the average
325 number of students at the school level.
326 Section 7. Paragraph (g) of subsection (18) of section
327 1002.33, Florida Statutes, is amended to read:
328 1002.33 Charter schools.—
329 (18) FACILITIES.—
330 (g) Each school district shall annually provide to the
331 Department of Education as part of its 5-year work plan the
332 number of existing vacant classrooms in each school that the
333 district does not intend to use or does not project will be
334 needed for educational purposes for the following school year.
335 The department may recommend that a district make such space
336 available to an appropriate charter school.
337 Section 8. Paragraph (b) of subsection (7) of section
338 1002.394, Florida Statutes, is amended to read:
339 1002.394 The Family Empowerment Scholarship Program.—
340 (7) SCHOOL DISTRICT OBLIGATIONS.—
341 (b)1. The parent of a student with a disability who does
342 not have an IEP in accordance with subparagraph (3)(b)4. or who
343 seeks a reevaluation of an existing IEP may request an IEP
344 meeting and evaluation from the school district in order to
345 obtain or revise a matrix of services. The school district shall
346 notify a parent who has made a request for an IEP that the
347 district is required to complete the IEP and matrix of services
348 within 60 30 days after receiving notice of the parent’s
349 request. The school district shall conduct a meeting and develop
350 an IEP and a matrix of services within 60 30 days after receipt
351 of the parent’s request in accordance with State Board of
352 Education rules. The district must accept the diagnosis and
353 consider the service plan of the licensed professional providing
354 the diagnosis pursuant to subparagraph (3)(b)4. The school
355 district must complete a matrix that assigns the student to one
356 of the levels of service as they existed before the 2000-2001
357 school year. For a nonpublic school student without an IEP, the
358 school district is authorized to use evaluation reports and
359 plans of care developed by the licensed professionals under
360 subparagraph (4)(b)3. to complete the matrix of services.
361 2.a. The school district must provide the student’s parent
362 and the department with the student’s matrix level within 10
363 calendar days after its completion.
364 b. The department shall notify the parent and the
365 organization of the amount of the funds awarded within 10 days
366 after receiving the school district’s notification of the
367 student’s matrix level.
368 c. A school district may change a matrix of services only
369 if the change is a result of an IEP reevaluation or to correct a
370 technical, typographical, or calculation error.
371 Section 9. Paragraph (a) of subsection (5) of section
372 1002.451, Florida Statutes, is amended to read:
373 1002.451 District innovation school of technology program.—
374 (5) EXEMPTION FROM STATUTES.—
375 (a) An innovation school of technology is exempt from
376 chapters 1000-1013. However, an innovation school of technology
377 shall comply with the following provisions of those chapters:
378 1. Laws pertaining to the following:
379 a. Schools of technology, including this section.
380 b. Student assessment program and school grading system.
381 c. Services to students who have disabilities.
382 d. Civil rights, including s. 1000.05, relating to
383 discrimination.
384 e. Student health, safety, and welfare.
385 2. Laws governing the election and compensation of district
386 school board members and election or appointment and
387 compensation of district school superintendents.
388 3. Section 1003.03, governing maximum class size, except
389 that the calculation for compliance pursuant to s. 1003.03 is
390 the average at the school level.
391 4. Sections 1012.22(1)(c) and 1012.27(2), relating to
392 compensation and salary schedules.
393 5. Section 1012.33(5), relating to workforce reductions,
394 for annual contracts for instructional personnel. This
395 subparagraph does not apply to at-will employees.
396 6. Section 1012.335, relating to contracts with
397 instructional personnel hired on or after July 1, 2011, for
398 annual or instructional multiyear contracts for instructional
399 personnel. This subparagraph does not apply to at-will
400 employees.
401 7. Section 1012.34, relating to requirements for
402 performance evaluations of instructional personnel and school
403 administrators.
404 Section 10. Paragraph (a) of subsection (10) of section
405 1002.61, Florida Statutes, is amended to read:
406 1002.61 Summer prekindergarten program delivered by public
407 schools and private prekindergarten providers.—
408 (10)(a) Each early learning coalition shall verify that
409 each private prekindergarten provider and public school
410 delivering the Voluntary Prekindergarten Education Program
411 within the coalition’s county or multicounty region complies
412 with this part.
413 Section 11. Subsection (9) of section 1002.63, Florida
414 Statutes, is amended to read:
415 1002.63 School-year prekindergarten program delivered by
416 public schools.—
417 (9)(a) Each early learning coalition shall verify that each
418 public school delivering the Voluntary Prekindergarten Education
419 Program within the coalition’s service area complies with this
420 part.
421 (b) If a public school fails or refuses to comply with this
422 part or engages in misconduct, the department must shall require
423 that the school district to remove the school from eligibility
424 to deliver the Voluntary Prekindergarten Education Program and
425 receive state funds under this part for a period of at least 2
426 years but no more than 5 years.
427 Section 12. Paragraph (b) of subsection (6) and subsection
428 (7) of section 1002.71, Florida Statutes, are amended to read:
429 1002.71 Funding; financial and attendance reporting.—
430 (6)
431 (b)1. Each private prekindergarten provider’s and district
432 school board’s attendance policy must require the parent of each
433 student in the Voluntary Prekindergarten Education Program to
434 verify, each month, the student’s attendance on the prior
435 month’s certified student attendance.
436 2. The parent must submit the verification of the student’s
437 attendance to the private prekindergarten provider or public
438 school on forms prescribed by the department. The forms must
439 include, in addition to the verification of the student’s
440 attendance, a certification, in substantially the following
441 form, that the parent continues to choose the private
442 prekindergarten provider or public school in accordance with s.
443 1002.53 and directs that payments for the program be made to the
444 provider or school:
445
446 VERIFICATION OF STUDENT’S ATTENDANCE
447 AND CERTIFICATION OF PARENTAL CHOICE
448
449 I, ...(Name of Parent)..., swear (or affirm) that my child,
450 ...(Name of Student)..., attended the Voluntary Prekindergarten
451 Education Program on the days listed above and certify that I
452 continue to choose ...(Name of Provider or School)... to deliver
453 the program for my child and direct that program funds be paid
454 to the provider or school for my child.
455 ...(Signature of Parent)...
456 ...(Date)...
457
458 3. The private prekindergarten provider or public school
459 must keep each original signed form for at least 2 years. Each
460 private prekindergarten provider must permit the early learning
461 coalition, and each public school must permit the school
462 district, to inspect the original signed forms during normal
463 business hours. The department shall adopt procedures for early
464 learning coalitions and school districts to review the original
465 signed forms against the certified student attendance. The
466 review procedures must shall provide for the use of selective
467 inspection techniques, including, but not limited to, random
468 sampling. Each early learning coalition and the school districts
469 must comply with the review procedures.
470 (7) The department shall require that administrative
471 expenditures be kept to the minimum necessary for efficient and
472 effective administration of the Voluntary Prekindergarten
473 Education Program. Administrative policies and procedures must
474 shall be revised, to the maximum extent practicable, be revised
475 to incorporate the use of automation and electronic submission
476 of forms, including those required for child eligibility and
477 enrollment, provider and class registration, and monthly
478 certification of attendance for payment. A school district may
479 use its automated daily attendance reporting system for the
480 purpose of maintaining and transmitting attendance records to
481 the early learning coalition in a mutually agreed-upon format.
482 Each school district shall certify the correctness of attendance
483 data submitted to the single point of entry system described in
484 paragraph (5)(a) as required by the department. In addition,
485 actions must shall be taken to reduce paperwork, eliminate the
486 duplication of reports, and eliminate other duplicative
487 activities. Each early learning coalition may retain and expend
488 no more than 5.0 percent of the funds paid by the coalition to
489 private prekindergarten providers and public schools under
490 paragraph (5)(b). Funds retained by an early learning coalition
491 under this subsection may be used only for administering the
492 Voluntary Prekindergarten Education Program and may not be used
493 for the school readiness program or other programs.
494 Section 13. Subsection (4) of section 1003.03, Florida
495 Statutes, is amended to read:
496 1003.03 Maximum class size.—
497 (4) ACCOUNTABILITY.—Each district that has not complied
498 with the requirements in subsection (1), based on the October
499 student membership survey, shall submit to the commissioner by
500 February 1 a plan certified by the district school board that
501 describes the specific actions the district will take in order
502 to fully comply with the requirements in subsection (1) by
503 October of the following school year.
504 Section 14. Paragraph (b) of subsection (1) of section
505 1003.26, Florida Statutes, is amended to read:
506 1003.26 Enforcement of school attendance.—The Legislature
507 finds that poor academic performance is associated with
508 nonattendance and that school districts must take an active role
509 in promoting and enforcing attendance as a means of improving
510 student performance. It is the policy of the state that each
511 district school superintendent be responsible for enforcing
512 school attendance of all students subject to the compulsory
513 school age in the school district and supporting enforcement of
514 school attendance by local law enforcement agencies. The
515 responsibility includes recommending policies and procedures to
516 the district school board that require public schools to respond
517 in a timely manner to every unexcused absence, and every absence
518 for which the reason is unknown, of students enrolled in the
519 schools. District school board policies shall require the parent
520 of a student to justify each absence of the student, and that
521 justification will be evaluated based on adopted district school
522 board policies that define excused and unexcused absences. The
523 policies must provide that public schools track excused and
524 unexcused absences and contact the home in the case of an
525 unexcused absence from school, or an absence from school for
526 which the reason is unknown, to prevent the development of
527 patterns of nonattendance. The Legislature finds that early
528 intervention in school attendance is the most effective way of
529 producing good attendance habits that will lead to improved
530 student learning and achievement. Each public school shall
531 implement the following steps to promote and enforce regular
532 school attendance:
533 (1) CONTACT, REFER, AND ENFORCE.—
534 (b) If a student has had at least five unexcused absences,
535 or absences for which the reasons are unknown, within a calendar
536 month or 10 unexcused absences, or absences for which the
537 reasons are unknown, within a 90-calendar-day period, or a
538 period of time less than 90 days as determined by the district
539 school board, the student’s primary teacher must shall report to
540 the school principal or his or her designee that the student may
541 be exhibiting a pattern of nonattendance. The principal shall,
542 unless there is clear evidence that the absences are not a
543 pattern of nonattendance, refer the case to the school’s child
544 study team to determine if early patterns of truancy are
545 developing. If the child study team finds that a pattern of
546 nonattendance is developing, whether the absences are excused or
547 not, a meeting with the parent must be scheduled to identify
548 potential remedies, and the principal must shall notify the
549 district school superintendent and the school district contact
550 for home education programs that the referred student is
551 exhibiting a pattern of nonattendance.
552 Section 15. Effective upon becoming a law, paragraphs (a)
553 and (b) of subsection (3), paragraph (c) of subsection (5), and
554 subsection (6) of section 1003.4282, Florida Statutes, are
555 amended to read:
556 1003.4282 Requirements for a standard high school diploma.—
557 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
558 REQUIREMENTS.—
559 (a) Four credits in English Language Arts (ELA).—The four
560 credits must be in ELA I, II, III, and IV. A student’s
561 performance on the statewide, standardized grade 10 ELA
562 assessment constitutes 30 percent of the student’s final course
563 grade A student must pass the statewide, standardized grade 10
564 ELA assessment, or earn a concordant score, in order to earn a
565 standard high school diploma.
566 (b) Four credits in mathematics.—
567 1. A student must earn one credit in Algebra I and one
568 credit in Geometry. A student’s performance on the statewide,
569 standardized Algebra I end-of-course (EOC) assessment
570 constitutes 30 percent of the student’s final course grade. A
571 student must pass the statewide, standardized Algebra I EOC
572 assessment, or earn a comparative score, in order to earn a
573 standard high school diploma. A student’s performance on the
574 statewide, standardized Geometry EOC assessment constitutes 30
575 percent of the student’s final course grade.
576 2. A student who earns an industry certification for which
577 there is a statewide college credit articulation agreement
578 approved by the State Board of Education may substitute the
579 certification for one mathematics credit. Substitution may occur
580 for up to two mathematics credits, except for Algebra I and
581 Geometry. A student may earn two mathematics credits by
582 successfully completing Algebra I through two full-year courses.
583 A certified school counselor or the principal’s designee shall
584 must advise the student that admission to a state university may
585 require the student to earn 3 additional mathematics credits
586 that are at least as rigorous as Algebra I.
587 3. A student who earns a computer science credit may
588 substitute the credit for up to one credit of the mathematics
589 requirement, with the exception of Algebra I and Geometry, if
590 the commissioner identifies the computer science credit as being
591 equivalent in rigor to the mathematics credit. An identified
592 computer science credit may not be used to substitute for both a
593 mathematics and a science credit. A student who earns an
594 industry certification in 3D rapid prototype printing may
595 satisfy up to two credits of the mathematics requirement, with
596 the exception of Algebra I, if the commissioner identifies the
597 certification as being equivalent in rigor to the mathematics
598 credit or credits.
599 (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—
600 (c) A student who earns the required 24 credits, or the
601 required 18 credits under s. 1002.3105(5), but fails to pass the
602 assessments required under s. 1008.22(3) or achieve a 2.0 GPA
603 shall be awarded a certificate of completion in a form
604 prescribed by the State Board of Education. However, a student
605 who is otherwise entitled to a certificate of completion may
606 elect to remain in high school either as a full-time student or
607 a part-time student for up to 1 additional year and receive
608 special instruction designed to remedy his or her identified
609 deficiencies.
610 (6) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
611 the 2012-2013 school year, if a student transfers to a Florida
612 public high school from out of country, out of state, a private
613 school, a personalized education program, or a home education
614 program and the student’s transcript shows a credit in Algebra
615 I, the student must pass the statewide, standardized Algebra I
616 EOC assessment in order to earn a standard high school diploma
617 unless the student earned a comparative score, passed a
618 statewide assessment in Algebra I administered by the
619 transferring entity, or passed the statewide mathematics
620 assessment the transferring entity uses to satisfy the
621 requirements of the Elementary and Secondary Education Act, as
622 amended by the Every Student Succeeds Act (ESSA), 20 U.S.C. ss.
623 6301 et seq. If a student’s transcript shows a credit in high
624 school reading or English Language Arts II or III, in order to
625 earn a standard high school diploma, the student must take and
626 pass the statewide, standardized grade 10 ELA assessment, or
627 earn a concordant score. If a transfer student’s transcript
628 shows a final course grade and course credit in Algebra I,
629 Geometry, Biology I, or United States History, or the equivalent
630 of a grade 10 ELA course, the transferring course final grade
631 and credit must shall be honored without the student taking the
632 requisite statewide, standardized EOC assessment and without the
633 assessment results constituting 30 percent of the student’s
634 final course grade.
635 Section 16. Effective upon becoming a law, section
636 1003.433, Florida Statutes, is amended to read:
637 1003.433 Learning opportunities for out-of-state and out
638 of-country transfer students and students needing additional
639 instruction to meet high school graduation requirements.—
640 (1) Students who enter a Florida public school at the 11th
641 or 12th grade from out of state or out of country may shall not
642 be required to spend additional time in a Florida public school
643 in order to meet the high school course requirements if the
644 student has met all requirements of the school district, state,
645 or country from which he or she is transferring. Such students
646 who are not proficient in English should receive immediate and
647 intensive instruction in English language acquisition. However,
648 to receive a standard high school diploma, a transfer student
649 must earn a 2.0 grade point average and meet the requirements
650 under s. 1008.22.
651 (2) Students who earn the required 24 credits for the
652 standard high school diploma except for passage of any must-pass
653 assessment under s. 1003.4282 or s. 1008.22 or an alternate
654 assessment by the end of grade 12 must be provided the following
655 learning opportunities:
656 (a) Participation in an accelerated high school equivalency
657 diploma preparation program during the summer.
658 (b) Upon receipt of a certificate of completion, be allowed
659 to take the College Placement Test and be admitted to
660 developmental education or credit courses at a Florida College
661 System institution, as appropriate.
662 (c) Participation in an adult general education program as
663 provided in s. 1004.93 for such time as the student requires to
664 master English, reading, mathematics, or any other subject
665 required for high school graduation. A student attending an
666 adult general education program shall have the opportunity to
667 take any must-pass assessment under s. 1003.4282 or s. 1008.22
668 an unlimited number of times in order to receive a standard high
669 school diploma.
670 (3) Students who have been enrolled in an ESOL program for
671 less than 2 school years and have met all requirements for the
672 standard high school diploma except for passage of any must-pass
673 assessment under s. 1003.4282 or s. 1008.22 or alternate
674 assessment may:
675 (a) Receive immersion English language instruction during
676 the summer following their senior year. Students receiving such
677 instruction are eligible to take the required assessment or
678 alternate assessment and receive a standard high school diploma
679 upon passage of the required assessment or alternate assessment.
680 This paragraph shall be implemented to the extent funding is
681 provided in the General Appropriations Act.
682 (b) Beginning with the 2022-2023 school year, meet the
683 requirement to pass the statewide, standardized grade 10 English
684 Language Arts assessment by satisfactorily demonstrating grade
685 level expectations on formative assessments, in accordance with
686 state board rule.
687 Section 17. Paragraph (j) is added to subsection (6) of
688 section 1006.1494, Florida Statutes, to read:
689 1006.1494 Student online personal information protection.—
690 (6) This section does not do any of the following:
691 (j) Impose requirements for a K-12 school, school district,
692 or district school board.
693
694 The State Board of Education may adopt rules to implement this
695 section.
696 Section 18. Subsection (2) of section 1006.40, Florida
697 Statutes, is amended to read:
698 1006.40 Purchase of instructional materials.—
699 (2) Each district school board must purchase current
700 instructional materials to provide each student in kindergarten
701 through grade 12 with a major tool of instruction in core
702 courses of the subject areas of mathematics, language arts,
703 science, social studies, reading, and literature. Such purchase
704 must be made within the first 5 3 years after the effective date
705 of the adoption cycle unless a district school board or a
706 consortium of school districts has implemented an instructional
707 materials program pursuant to s. 1006.283.
708 Section 19. Subsections (2) and (3) of section 1008.212,
709 Florida Statutes, are amended to read:
710 1008.212 Students with disabilities; extraordinary
711 exemption.—
712 (2) A student with a disability for whom the individual
713 education plan (IEP) team determines is prevented by a
714 circumstance or condition from physically demonstrating the
715 mastery of skills that have been acquired and are measured by
716 the statewide standardized assessment, a statewide standardized
717 end-of-course assessment, or an alternate assessment pursuant to
718 s. 1008.22(3)(d) shall be granted an extraordinary exemption
719 from the administration of the assessment. A learning,
720 emotional, behavioral, or significant cognitive disability, or
721 the receipt of services through the homebound or hospitalized
722 program in accordance with rule 6A-6.03020, Florida
723 Administrative Code, is not, in and of itself, an adequate
724 criterion for the granting of an extraordinary exemption. The
725 first two administrations of the coordinated screening and
726 progress monitoring system under s. 1008.25(9) or any alternate
727 assessments used in lieu of such administrations are not subject
728 to the requirements of this section.
729 (3) The IEP team, which must include the parent, may submit
730 to the district school superintendent a written request for an
731 extraordinary exemption at any time during the school year,
732 subject to deadlines established by the district school
733 superintendent but not later than 60 days before the current
734 year’s assessment administration for which the request is made.
735 A request must include all of the following:
736 (a) A written description of the student’s disabilities,
737 including a specific description of the student’s impaired
738 sensory, manual, or speaking skills.
739 (b) Written documentation of the most recent evaluation
740 data.
741 (c) Written documentation, if available, of the most recent
742 administration of the statewide standardized assessment, an end
743 of-course assessment, or an alternate assessment.
744 (d) A written description of the condition’s effect on the
745 student’s participation in the statewide standardized
746 assessment, an end-of-course assessment, or an alternate
747 assessment.
748 (e) Written evidence that the student has had the
749 opportunity to learn the skills being tested.
750 (f) Written evidence that the student has been provided
751 appropriate instructional accommodations.
752 (g) Written evidence as to whether the student has had the
753 opportunity to be assessed using the instructional
754 accommodations on the student’s IEP which are allowable in the
755 administration of the statewide standardized assessment, an end
756 of-course assessment, or an alternate assessment in prior
757 assessments.
758 (h) Written evidence of the circumstance or condition as
759 defined in subsection (1).
760 Section 20. Paragraphs (a), (b), and (d) of subsection (7)
761 of section 1008.22, Florida Statutes, are amended to read:
762 1008.22 Student assessment program for public schools.—
763 (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
764 (a) The Commissioner of Education shall establish schedules
765 for the administration of statewide, standardized assessments
766 and the reporting of student assessment results. The
767 commissioner shall consider the observance of religious and
768 school holidays when developing the schedules. By January 1 of
769 each year, the commissioner shall notify each school district in
770 writing and publish on the department’s website the assessment
771 schedule for, at a minimum, the next 2 school years. The
772 assessment and reporting schedules must provide the earliest
773 possible reporting of student assessment results to the school
774 districts. Assessment results for the statewide, standardized
775 ELA and Mathematics assessments and all statewide, standardized
776 EOC assessments must be made available no later than June 30,
777 except for results for the grade 3 statewide, standardized ELA
778 assessment, which must be made available no later than May 31.
779 Beginning with the 2023-2024 school year, assessment results for
780 the statewide, standardized ELA and Mathematics assessments must
781 be available no later than May 31. School districts shall
782 administer statewide, standardized assessments in accordance
783 with the schedule established by the commissioner.
784 (b) By January of each year, the commissioner shall publish
785 on the department’s website a uniform calendar that includes the
786 assessment and reporting schedules for, at a minimum, the next 2
787 school years. The uniform calendar must be provided to school
788 districts in an electronic format that allows each school
789 district and public school to populate the calendar with, at
790 minimum, the following information for reporting the district
791 assessment schedules under paragraph (d):
792 1. Whether the assessment is a district-required assessment
793 or a state-required assessment.
794 2. The specific date or dates that each assessment will be
795 administered, including administrations of the coordinated
796 screening and progress monitoring system under s. 1008.25(9)(b).
797 3. The time allotted to administer each assessment.
798 4. Whether the assessment is a computer-based assessment or
799 a paper-based assessment.
800 5. The grade level or subject area associated with the
801 assessment.
802 6. The date that the assessment results are expected to be
803 available to teachers and parents.
804 7. The type of assessment, the purpose of the assessment,
805 and the use of the assessment results.
806 8. A glossary of assessment terminology.
807 9. Estimates of average time for administering state
808 required and district-required assessments, by grade level.
809 (c)(d) Each school district shall, by November 1 of each
810 year, establish schedules for the administration of any
811 statewide, standardized assessments and district-required
812 assessments and approve the schedules as an agenda item at a
813 district school board meeting. Each school district shall
814 publish the testing schedules on its website which specify
815 whether an assessment is a state-required or district-required
816 assessment and the grade bands or subject areas associated with
817 the assessments using the uniform calendar, including all
818 information required under paragraph (b), and submit the
819 schedules to the Department of Education by October 1 of each
820 year. Each public school shall publish schedules for statewide,
821 standardized assessments and district-required assessments on
822 its website using the uniform calendar, including all
823 information required under paragraph (b). The school board
824 approved assessment uniform calendar must be included in the
825 parent guide required by s. 1002.23(5).
826 Section 21. Paragraph (c) of subsection (5) and paragraphs
827 (b), (c), and (d) of subsection (9) of section 1008.25, Florida
828 Statutes, are amended to read:
829 1008.25 Public school student progression; student support;
830 coordinated screening and progress monitoring; reporting
831 requirements.—
832 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
833 (c) To be promoted to grade 4, a student must score a Level
834 2 or higher in English Language Arts for grade 3 on any
835 administration of the coordinated screening and progress
836 monitoring system, which includes on the statewide, standardized
837 English Language Arts assessment required under s. 1008.22 for
838 grade 3. If a student’s reading deficiency is not remedied by
839 the end of grade 3, as demonstrated by scoring Level 2 or higher
840 on the mid-year or final administration of the coordinated
841 screening and progress monitoring system, which includes the
842 statewide, standardized assessment required under s. 1008.22 for
843 grade 3, the student must be retained.
844 (9) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
845 (b) Beginning with the 2022-2023 school year, private
846 Voluntary Prekindergarten Education Program providers and public
847 schools must participate in the coordinated screening and
848 progress monitoring system pursuant to this paragraph.
849 1. For students in the school-year Voluntary
850 Prekindergarten Education Program through grade 2, the
851 coordinated screening and progress monitoring system must be
852 administered at least three times within a school year, with the
853 first administration occurring no later than the first 30
854 instructional days after a student’s enrollment or the start of
855 the school year, the second administration occurring midyear,
856 and the third administration occurring within the last 30 days
857 of the school year pursuant to state board rule. The state board
858 may adopt alternate timeframes to address nontraditional school
859 year calendars to ensure the coordinated screening and progress
860 monitoring program is administered a minimum of three times
861 within a year.
862 2. For students in the summer prekindergarten program, the
863 coordinated screening and progress monitoring system must be
864 administered two times, with the first administration occurring
865 no later than the first 10 instructional days after a student’s
866 enrollment or the start of the summer prekindergarten program,
867 and the final administration occurring within the last 10 days
868 of the summer prekindergarten program pursuant to state board
869 rule.
870 3. For grades 3 through 10 English Language Arts and grades
871 3 through 8 Mathematics, the coordinated screening and progress
872 monitoring system must be administered at the beginning, middle,
873 and end of the school year pursuant to state board rule. The
874 end-of-year administration of the coordinated screening and
875 progress monitoring system must be a comprehensive progress
876 monitoring assessment administered in accordance with the
877 scheduling requirements under s. 1008.22(7)(b) s. 1008.22(7)(c).
878 (c) To facilitate timely interventions and supports
879 pursuant to subsection (4), the system must provide results from
880 the first two administrations of the progress monitoring to a
881 student’s teacher or prekindergarten instructor within 1 week
882 and to the student’s parent within 2 weeks after the
883 administration of the progress monitoring. Delivery of results
884 from the comprehensive, end-of-year progress monitoring ELA
885 assessment for grades 3 through 10 and Mathematics assessment
886 for grades 3 through 8 must be in accordance with s.
887 1008.22(7)(g) s. 1008.22(7)(h).
888 1. A student’s results from the coordinated screening and
889 progress monitoring system must be recorded in a written, easy
890 to-comprehend individual student report. Each school district
891 shall provide a parent secure access to his or her child’s
892 individual student reports through a web-based portal as part of
893 its student information system. Each early learning coalition
894 shall provide parents the individual student report in a format
895 determined by state board rule.
896 2. In addition to the information under subparagraph (a)5.,
897 the report must also include parent resources that explain the
898 purpose of progress monitoring, assist the parent in
899 interpreting progress monitoring results, and support informed
900 parent involvement. Parent resources may include personalized
901 video formats.
902 3. The department shall annually update school districts
903 and early learning coalitions on new system features and
904 functionality and collaboratively identify with school districts
905 and early learning coalitions strategies for meaningfully
906 reporting to parents results from the coordinated screening and
907 progress monitoring system. The department shall develop ways to
908 increase the utilization, by instructional staff and parents, of
909 student assessment data and resources.
910 4. An individual student report must be provided in a
911 printed format upon a parent’s request.
912 (d) Screening and progress monitoring system results,
913 including the number of students who demonstrate characteristics
914 of dyslexia and dyscalculia, shall be reported to the department
915 pursuant to state board rule and maintained in the department’s
916 Education Data Warehouse. Results must be provided to a
917 student’s teacher and parent in a timely manner as required in
918 s. 1008.22(7)(f) s. 1008.22(7)(g).
919 Section 22. Paragraph (c) of subsection (3) and subsection
920 (5) of section 1008.33, Florida Statutes, are amended to read:
921 1008.33 Authority to enforce public school improvement.—
922 (3)
923 (c) The state board shall adopt by rule a differentiated
924 matrix of intervention and support strategies for assisting
925 traditional public schools identified under this section and
926 rules for implementing s. 1002.33(9)(n), relating to charter
927 schools. The intervention and support strategies must address
928 student performance and may include improvement planning;
929 leadership quality improvement; educator quality improvement;
930 professional learning; curriculum review, pacing, and alignment
931 across grade levels to improve background knowledge in social
932 studies, science, and the arts; and the use of continuous
933 improvement and monitoring plans and processes. In addition, the
934 state board may prescribe reporting requirements to review and
935 monitor the progress of the schools. The rule must define the
936 intervention and support strategies for school improvement for
937 schools earning a grade of “D” or “F” and the roles for the
938 district and department. A school may not be required to use the
939 measure of student learning growth in s. 1012.34(7) as the sole
940 determinant to recruit instructional personnel. The rule must
941 create a timeline for a school district’s school improvement
942 plan or district-managed turnaround plan to be approved and for
943 the school improvement funds under Title I to be released to the
944 school district. The timeline established in rule for the
945 release of school improvement funding under Title I may not
946 exceed 20 calendar days after the approval of the school
947 improvement plan or district-managed turnaround plan.
948 (5) The state board shall adopt rules pursuant to ss.
949 120.536(1) and 120.54 to administer this section. The rules
950 shall include timelines for submission of implementation plans,
951 approval criteria for implementation plans, timelines for
952 releasing Title I funding, implementing intervention and support
953 strategies, a standard charter school turnaround contract, a
954 standard facility lease, and a mutual management agreement. The
955 state board shall consult with education stakeholders in
956 developing the rules.
957 Section 23. Paragraph (e) is added to subsection (2) of
958 section 1010.20, Florida Statutes, to read:
959 1010.20 Cost accounting and reporting for school
960 districts.—
961 (2) COST REPORTING.—
962 (e) Each charter school shall receive and respond to
963 monitoring questions from the department.
964 Section 24. Subsections (2) and (4) of section 1011.035,
965 Florida Statutes, are amended to read:
966 1011.035 School district fiscal transparency.—
967 (2) Each district school board shall post on its website:
968 (a) A plain language version of each proposed, tentative,
969 and official budget which describes each budget item in terms
970 that are easily understandable to the public and includes:
971 (a) Graphical representations, for each public school
972 within the district and for the school district, of the
973 following:
974 1. Summary financial efficiency data.
975 2. Fiscal trend information for the previous 3 years on:
976 a. The ratio of full-time equivalent students to full-time
977 equivalent instructional personnel.
978 b. The ratio of full-time equivalent students to full-time
979 equivalent administrative personnel.
980 c. The total operating expenditures per full-time
981 equivalent student.
982 d. The total instructional expenditures per full-time
983 equivalent student.
984 e. The general administrative expenditures as a percentage
985 of total budget.
986 f. The rate of change in the general fund’s ending fund
987 balance not classified as restricted.
988 (b) A link to the web-based fiscal transparency tool
989 developed by the department pursuant to s. 1010.20 to enable
990 taxpayers to evaluate the financial efficiency of the school
991 district and compare the financial efficiency of the school
992 district with other similarly situated school districts.
993
994 This information must be prominently posted on the school
995 district’s website in a manner that is readily accessible to the
996 public.
997 (4) The website should contain links to:
998 (a) Help explain or provide background information on
999 various budget items that are required by state or federal law.
1000 (b) Allow users to navigate to related sites to view
1001 supporting details.
1002 (c) enable taxpayers, parents, and education advocates to
1003 send e-mails asking questions about the budget and enable others
1004 to view the questions and responses.
1005 Section 25. Subsection (1) of section 1011.14, Florida
1006 Statutes, is amended to read:
1007 1011.14 Obligations for a period of 1 year.—District school
1008 boards are authorized only under the following conditions to
1009 create obligations by way of anticipation of budgeted revenues
1010 accruing on a current basis without pledging the credit of the
1011 district or requiring future levy of taxes for certain purposes
1012 for a period of 1 year; however, such obligations may be
1013 extended from year to year with the consent of the lender for a
1014 period not to exceed 4 years, or for a total of 5 years
1015 including the initial year of the loan:
1016 (1) PURPOSES.—The purposes for which such obligations may
1017 be incurred within the intent of this section shall include only
1018 the purchase of school buses, land, and equipment for
1019 educational purposes; the erection of, alteration to, or
1020 addition to educational plants, ancillary plants, and auxiliary
1021 facilities; and the adjustment of insurance on educational
1022 property on a 5-year plan, as provided by rules of the State
1023 Board of Education.
1024 Section 26. Subsection (2) of section 1011.60, Florida
1025 Statutes, is amended to read:
1026 1011.60 Minimum requirements of the Florida Education
1027 Finance Program.—Each district which participates in the state
1028 appropriations for the Florida Education Finance Program shall
1029 provide evidence of its effort to maintain an adequate school
1030 program throughout the district and shall meet at least the
1031 following requirements:
1032 (2) MINIMUM TERM.—Operate all schools for a term of 180
1033 actual teaching days or the equivalent on an hourly basis as
1034 specified by rules of the State Board of Education each school
1035 year. The State Board of Education may prescribe procedures for
1036 altering, and, upon written application, may alter, this
1037 requirement during a national, state, or local emergency as it
1038 may apply to an individual school or schools in any district or
1039 districts if the district school board certifies to the
1040 Commissioner of Education that if, in the opinion of the board,
1041 it is not necessary feasible to make up lost days or hours, and
1042 the apportionment may, at the discretion of the Commissioner of
1043 Education and if the board determines that the reduction of
1044 school days or hours is caused by the existence of a bona fide
1045 emergency, be reduced for such district or districts in
1046 proportion to the decrease in the length of term in any such
1047 school or schools. A strike, as defined in s. 447.203(6), by
1048 employees of the school district may not be considered an
1049 emergency.
1050 Section 27. Paragraph (o) of subsection (1) of section
1051 1011.62, Florida Statutes, is amended to read:
1052 1011.62 Funds for operation of schools.—If the annual
1053 allocation from the Florida Education Finance Program to each
1054 district for operation of schools is not determined in the
1055 annual appropriations act or the substantive bill implementing
1056 the annual appropriations act, it shall be determined as
1057 follows:
1058 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1059 OPERATION.—The following procedure shall be followed in
1060 determining the annual allocation to each district for
1061 operation:
1062 (o) Calculation of additional full-time equivalent
1063 membership based on successful completion of a career-themed
1064 course pursuant to ss. 1003.491-1003.493, or courses with
1065 embedded CAPE industry certifications or CAPE Digital Tool
1066 certificates, and issuance of industry certification identified
1067 on the CAPE Industry Certification Funding List pursuant to
1068 rules adopted by the State Board of Education or CAPE Digital
1069 Tool certificates pursuant to s. 1003.4203.—
1070 1.a. A value of 0.025 full-time equivalent student
1071 membership shall be calculated for CAPE Digital Tool
1072 certificates earned by students in elementary and middle school
1073 grades.
1074 b. A value of 0.1 or 0.2 full-time equivalent student
1075 membership shall be calculated for each student who completes a
1076 course as defined in s. 1003.493(1)(b) or courses with embedded
1077 CAPE industry certifications and who is issued an industry
1078 certification identified annually on the CAPE Industry
1079 Certification Funding List approved under rules adopted by the
1080 State Board of Education. A value of 0.2 full-time equivalent
1081 membership shall be calculated for each student who is issued a
1082 CAPE industry certification that has a statewide articulation
1083 agreement for college credit approved by the State Board of
1084 Education. For CAPE industry certifications that do not
1085 articulate for college credit, the Department of Education shall
1086 assign a full-time equivalent value of 0.1 for each
1087 certification. Middle grades students who earn additional FTE
1088 membership for a CAPE Digital Tool certificate pursuant to sub
1089 subparagraph a. may not rely solely on the previously funded
1090 examination to satisfy the requirements for earning an industry
1091 certification under this sub-subparagraph. The State Board of
1092 Education shall include the assigned values on the CAPE Industry
1093 Certification Funding List under rules adopted by the state
1094 board. Such value shall be added to the total full-time
1095 equivalent student membership for grades 6 through 12 in the
1096 subsequent year. CAPE industry certifications earned through
1097 dual enrollment must be reported and funded pursuant to s.
1098 1011.80. However, if a student earns a certification through a
1099 dual enrollment course and the certification is not a fundable
1100 certification on the postsecondary certification funding list,
1101 or the dual enrollment certification is earned as a result of an
1102 agreement between a school district and a nonpublic
1103 postsecondary institution, the bonus value shall be funded in
1104 the same manner as other nondual enrollment course industry
1105 certifications. In such cases, the school district may provide
1106 for an agreement between the high school and the technical
1107 center, or the school district and the postsecondary institution
1108 may enter into an agreement for equitable distribution of the
1109 bonus funds.
1110 c. A value of 0.3 full-time equivalent student membership
1111 shall be calculated for student completion of at least three
1112 courses and an industry certification in a single career and
1113 technical education program or program of study.
1114 d. A value of 0.5 full-time equivalent student membership
1115 shall be calculated for CAPE Acceleration Industry
1116 Certifications that articulate for 15 to 29 college credit
1117 hours, and 1.0 full-time equivalent student membership shall be
1118 calculated for CAPE Acceleration Industry Certifications that
1119 articulate for 30 or more college credit hours pursuant to CAPE
1120 Acceleration Industry Certifications approved by the
1121 commissioner pursuant to ss. 1003.4203(4) and 1008.44.
1122 2. Each district must allocate at least 80 percent of the
1123 funds provided for CAPE industry certification, in accordance
1124 with this paragraph, to the program that generated the funds,
1125 and any remaining funds provided for CAPE industry certification
1126 for school district career and technical education programs.
1127 This allocation may not be used to supplant funds provided for
1128 basic operation of the program.
1129 3. For CAPE industry certifications earned in the 2013-2014
1130 school year and in subsequent years, the school district shall
1131 distribute to each classroom teacher who provided direct
1132 instruction toward the attainment of a CAPE industry
1133 certification that qualified for additional full-time equivalent
1134 membership under subparagraph 1.:
1135 a. A bonus of $25 for each student taught by a teacher who
1136 provided instruction in a course that led to the attainment of a
1137 CAPE industry certification on the CAPE Industry Certification
1138 Funding List with a weight of 0.1.
1139 b. A bonus of $50 for each student taught by a teacher who
1140 provided instruction in a course that led to the attainment of a
1141 CAPE industry certification on the CAPE Industry Certification
1142 Funding List with a weight of 0.2.
1143 c. A bonus of $75 for each student taught by a teacher who
1144 provided instruction in a course that led to the attainment of a
1145 CAPE industry certification on the CAPE Industry Certification
1146 Funding List with a weight of 0.3.
1147 d. A bonus of $100 for each student taught by a teacher who
1148 provided instruction in a course that led to the attainment of a
1149 CAPE industry certification on the CAPE Industry Certification
1150 Funding List with a weight of 0.5 or 1.0.
1151
1152 Bonuses awarded pursuant to this paragraph shall be provided to
1153 teachers who are employed by the district in the year in which
1154 the additional FTE membership calculation is included in the
1155 calculation. Bonuses shall be calculated based upon the
1156 associated weight of a CAPE industry certification on the CAPE
1157 Industry Certification Funding List for the year in which the
1158 certification is earned by the student. Any bonus awarded to a
1159 teacher pursuant to this paragraph is in addition to any regular
1160 wage or other bonus the teacher received or is scheduled to
1161 receive. A bonus may not be awarded to a teacher who fails to
1162 maintain the security of any CAPE industry certification
1163 examination or who otherwise violates the security or
1164 administration protocol of any assessment instrument that may
1165 result in a bonus being awarded to the teacher under this
1166 paragraph.
1167 Section 28. Paragraph (b) of subsection (3) of section
1168 1011.6202, Florida Statutes, is amended to read:
1169 1011.6202 Principal Autonomy Program Initiative.—The
1170 Principal Autonomy Program Initiative is created within the
1171 Department of Education. The purpose of the program is to
1172 provide a highly effective principal of a participating school
1173 with increased autonomy and authority to operate his or her
1174 school, as well as other schools, in a way that produces
1175 significant improvements in student achievement and school
1176 management while complying with constitutional requirements. The
1177 State Board of Education may, upon approval of a principal
1178 autonomy proposal, enter into a performance contract with the
1179 district school board for participation in the program.
1180 (3) EXEMPTION FROM LAWS.—
1181 (b) A participating school or a school operated by a
1182 principal pursuant to subsection (5) shall comply with the
1183 provisions of chapters 1000-1013, and rules of the state board
1184 that implement those provisions, pertaining to the following:
1185 1. Those laws relating to the election and compensation of
1186 district school board members, the election or appointment and
1187 compensation of district school superintendents, public meetings
1188 and public records requirements, financial disclosure, and
1189 conflicts of interest.
1190 2. Those laws relating to the student assessment program
1191 and school grading system, including chapter 1008.
1192 3. Those laws relating to the provision of services to
1193 students with disabilities.
1194 4. Those laws relating to civil rights, including s.
1195 1000.05, relating to discrimination.
1196 5. Those laws relating to student health, safety, and
1197 welfare.
1198 6. Section 1001.42(4)(f), relating to the uniform opening
1199 date for public schools.
1200 7. Section 1003.03, governing maximum class size, except
1201 that the calculation for compliance pursuant to s. 1003.03 is
1202 the average at the school level for a participating school.
1203 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
1204 compensation and salary schedules.
1205 9. Section 1012.33(5), relating to workforce reductions for
1206 annual contracts for instructional personnel. This subparagraph
1207 does not apply to at-will employees.
1208 10. Section 1012.335, relating to annual or instructional
1209 multiyear contracts for instructional personnel hired on or
1210 after July 1, 2011. This subparagraph does not apply to at-will
1211 employees.
1212 11. Section 1012.34, relating to personnel evaluation
1213 procedures and criteria.
1214 12. Those laws pertaining to educational facilities,
1215 including chapter 1013, except that s. 1013.20, relating to
1216 covered walkways for relocatables, is eligible for exemption.
1217 13. Those laws pertaining to participating school
1218 districts, including this section and ss. 1011.69(2) and
1219 1012.28(8).
1220 Section 29. Subsection (4) of section 1011.69, Florida
1221 Statutes, is amended, and subsection (5) is added to that
1222 section, to read:
1223 1011.69 Equity in School-Level Funding Act.—
1224 (4) After providing Title I, Part A, Basic funds to schools
1225 above the 75 percent poverty threshold, which may include high
1226 schools above the 50 percent threshold as permitted by federal
1227 law, school districts shall provide any remaining Title I, Part
1228 A, Basic funds directly to all eligible schools as provided in
1229 this subsection. For purposes of this subsection, an eligible
1230 school is a school that is eligible to receive Title I funds,
1231 including a charter school. The threshold for identifying
1232 eligible schools may not exceed the threshold established by a
1233 school district for the 2016-2017 school year or the statewide
1234 percentage of economically disadvantaged students, as determined
1235 annually.
1236 (a) Prior to the allocation of Title I funds to eligible
1237 schools, a school district may withhold funds only as follows:
1238 1. One percent for parent involvement, in addition to the
1239 one percent the district must reserve under federal law for
1240 allocations to eligible schools for parent involvement;
1241 2. A necessary and reasonable amount for administration
1242 which includes the district’s indirect cost rate, not to exceed
1243 a total of 10 percent;
1244 3. A reasonable and necessary amount to provide:
1245 a. Homeless programs;
1246 b. Delinquent and neglected programs;
1247 c. Prekindergarten programs and activities;
1248 d. Private school equitable services; and
1249 e. Transportation for foster care children to their school
1250 of origin or choice programs;
1251 4. Up to 5 percent to provide financial incentives and
1252 rewards to teachers who serve students in eligible schools,
1253 including charter schools, identified for comprehensive support
1254 and improvement activities or targeted support and improvement
1255 activities, for the purpose of attracting and retaining
1256 qualified and effective teachers, including teachers of any
1257 subject or grade level for whom a measurement under s.
1258 1012.34(7) or a state-approved Alternative Student Growth Model
1259 is unavailable; and
1260 5.4. A necessary and reasonable amount, not to exceed 1
1261 percent, for eligible schools, including charter schools, to
1262 provide educational services in accordance with the approved
1263 Title I plan.
1264 (b) All remaining Title I funds shall be distributed to all
1265 eligible schools in accordance with federal law and regulation.
1266 An eligible school may use funds under this subsection to
1267 participate in discretionary educational services provided by
1268 the school district. Any funds provided by an eligible school to
1269 participate in discretionary educational services provided by
1270 the school district are not subject to the requirements of this
1271 subsection.
1272 (c) Any funds carried forward by the school district are
1273 not subject to the requirements of this subsection.
1274 (5) The Department of Education shall make funds from Title
1275 I, Title II, and Title III programs available to local education
1276 agencies for the full period of availability provided in federal
1277 law.
1278 Section 30. Paragraphs (c), (e), and (h) of subsection (2)
1279 of section 1011.71, Florida Statutes, are amended to read:
1280 1011.71 District school tax.—
1281 (2) In addition to the maximum millage levy as provided in
1282 subsection (1), each school board may levy not more than 1.5
1283 mills against the taxable value for school purposes for charter
1284 schools pursuant to s. 1013.62(1) and (3) and for district
1285 schools to fund:
1286 (c) The purchase, lease-purchase, or lease of school buses
1287 or other motor vehicles regularly used for the transportation of
1288 prekindergarten disability program and K-12 public school
1289 students to and from school or to and from school activities,
1290 and owned, operated, rented, contracted, or leased by any
1291 district school board.
1292 (e) Payments for educational plants, ancillary plants, and
1293 auxiliary facilities and sites due under a lease-purchase
1294 agreement entered into by a district school board pursuant to s.
1295 1003.02(1)(f) or s. 1013.15(2), not exceeding, in the aggregate,
1296 an amount equal to three-fourths of the proceeds from the
1297 millage levied by a district school board pursuant to this
1298 subsection. The three-fourths limit is waived for lease-purchase
1299 agreements entered into before June 30, 2009, by a district
1300 school board pursuant to this paragraph. If payments under
1301 lease-purchase agreements in the aggregate, including lease
1302 purchase agreements entered into before June 30, 2009, exceed
1303 three-fourths of the proceeds from the millage levied pursuant
1304 to this subsection, the district school board may not withhold
1305 the administrative fees authorized by s. 1002.33(20) from any
1306 charter school operating in the school district.
1307 (h) Payment of costs of leasing relocatable educational
1308 plants, ancillary plants, and auxiliary facilities, of renting
1309 or leasing educational plants, ancillary plants, and auxiliary
1310 facilities and sites pursuant to s. 1013.15(2), or of renting or
1311 leasing buildings or space within existing buildings pursuant to
1312 s. 1013.15(4).
1313 Section 31. Paragraph (c) of subsection (1) and paragraph
1314 (a) of subsection (3) of section 1012.22, Florida Statutes, are
1315 amended to read:
1316 1012.22 Public school personnel; powers and duties of the
1317 district school board.—The district school board shall:
1318 (1) Designate positions to be filled, prescribe
1319 qualifications for those positions, and provide for the
1320 appointment, compensation, promotion, suspension, and dismissal
1321 of employees as follows, subject to the requirements of this
1322 chapter:
1323 (c) Compensation and salary schedules.—
1324 1. Definitions.—As used in this paragraph:
1325 a. “Adjustment” means an addition to the base salary
1326 schedule that is not a bonus and becomes part of the employee’s
1327 permanent base salary and shall be considered compensation under
1328 s. 121.021(22).
1329 b. “Grandfathered salary schedule” means the salary
1330 schedule or schedules adopted by a district school board before
1331 July 1, 2014, pursuant to subparagraph 4.
1332 c. “Instructional personnel” means instructional personnel
1333 as defined in s. 1012.01(2)(a)-(d), excluding substitute
1334 teachers.
1335 d. “Performance salary schedule” means the salary schedule
1336 or schedules adopted by a district school board pursuant to
1337 subparagraph 5.
1338 e. “Salary schedule” means the schedule or schedules used
1339 to provide the base salary for district school board personnel.
1340 f. “School administrator” means a school administrator as
1341 defined in s. 1012.01(3)(c).
1342 g. “Supplement” means an annual addition to the base salary
1343 for the term of the negotiated supplement as long as the
1344 employee continues his or her employment for the purpose of the
1345 supplement. A supplement does not become part of the employee’s
1346 continuing base salary but shall be considered compensation
1347 under s. 121.021(22).
1348 2. Cost-of-living adjustment.—A district school board may
1349 provide a cost-of-living salary adjustment if the adjustment:
1350 a. Does not discriminate among comparable classes of
1351 employees based upon the salary schedule under which they are
1352 compensated.
1353 b. Does not exceed 50 percent of the annual adjustment
1354 provided to instructional personnel rated as effective.
1355 3. Advanced degrees.—A district school board may use
1356 advanced degrees in setting a salary schedule for instructional
1357 personnel or school administrators if the advanced degree is
1358 held in the individual’s area of certification. For purposes of
1359 the salary schedule, an advanced degree may include a doctorate
1360 or master’s degree in the area of certification, or a doctorate
1361 or master’s degree with a minimum of 18 graduate semester hours
1362 in the area of certification.
1363 4. Grandfathered salary schedule.—
1364 a. The district school board shall adopt a salary schedule
1365 or salary schedules to be used as the basis for paying all
1366 school employees hired before July 1, 2014. Instructional
1367 personnel on annual contract as of July 1, 2014, shall be placed
1368 on the performance salary schedule adopted under subparagraph 4.
1369 5. Instructional personnel on continuing contract or
1370 professional service contract may opt into the performance
1371 salary schedule if the employee relinquishes such contract and
1372 agrees to be employed on an annual contract under s. 1012.335.
1373 Such an employee shall be placed on the performance salary
1374 schedule and may not return to continuing contract or
1375 professional service contract status. Any employee who opts into
1376 the performance salary schedule may not return to the
1377 grandfathered salary schedule.
1378 b. In determining the grandfathered salary schedule for
1379 instructional personnel, a district school board must base a
1380 portion of each employee’s compensation upon performance
1381 demonstrated under s. 1012.34 and shall provide differentiated
1382 pay for both instructional personnel and school administrators
1383 based upon district-determined factors, including, but not
1384 limited to, additional responsibilities, school demographics,
1385 critical shortage areas, and level of job performance
1386 difficulties.
1387 5. Performance salary schedule.—By July 1, 2014, the
1388 district school board shall adopt a performance salary schedule
1389 that provides annual salary adjustments for instructional
1390 personnel and school administrators based upon performance
1391 determined under s. 1012.34. Employees hired on or after July 1,
1392 2014, or employees who choose to move from the grandfathered
1393 salary schedule to the performance salary schedule shall be
1394 compensated pursuant to the performance salary schedule once
1395 they have received the appropriate performance evaluation for
1396 this purpose.
1397 a. Base salary.—The base salary shall be established as
1398 follows:
1399 (I) The base salary for instructional personnel or school
1400 administrators who opt into the performance salary schedule
1401 shall be the salary paid in the prior year, including
1402 adjustments only.
1403 (II) Instructional personnel or school administrators new
1404 to the district, returning to the district after a break in
1405 service without an authorized leave of absence, or appointed for
1406 the first time to a position in the district in the capacity of
1407 instructional personnel or school administrator shall be placed
1408 on the performance salary schedule.
1409 b. Salary adjustments.—Salary adjustments for highly
1410 effective or effective performance shall be established as
1411 follows:
1412 (I) The annual salary adjustment under the performance
1413 salary schedule for an employee rated as highly effective must
1414 be at least 25 percent greater than the highest annual salary
1415 adjustment available to an employee of the same classification
1416 through any other salary schedule adopted by the district.
1417 (II) The annual salary adjustment under the performance
1418 salary schedule for an employee rated as effective must be equal
1419 to at least 50 percent and no more than 75 percent of the annual
1420 adjustment provided for a highly effective employee of the same
1421 classification.
1422 (III) A salary schedule may shall not provide an annual
1423 salary adjustment for an employee who receives a rating other
1424 than highly effective or effective for the year.
1425 c. Salary supplements.—In addition to the salary
1426 adjustments, each district school board shall provide for salary
1427 supplements for activities that must include, but are not
1428 limited to:
1429 (I) Assignment to a Title I eligible school.
1430 (II) Assignment to a school that earned a grade of “F” or
1431 three consecutive grades of “D” pursuant to s. 1008.34 such that
1432 the supplement remains in force for at least 1 year following
1433 improved performance in that school.
1434 (III) Certification and teaching in critical teacher
1435 shortage areas. Statewide critical teacher shortage areas shall
1436 be identified by the State Board of Education under s. 1012.07.
1437 However, the district school board may identify other areas of
1438 critical shortage within the school district for purposes of
1439 this sub-sub-subparagraph and may remove areas identified by the
1440 state board which do not apply within the school district.
1441 (IV) Assignment of additional academic responsibilities.
1442
1443 If budget constraints in any given year limit a district school
1444 board’s ability to fully fund all adopted salary schedules, the
1445 performance salary schedule may shall not be reduced on the
1446 basis of total cost or the value of individual awards in a
1447 manner that is proportionally greater than reductions to any
1448 other salary schedules adopted by the district. Any compensation
1449 for longevity of service awarded to instructional personnel who
1450 are on any other salary schedule must be included in calculating
1451 the salary adjustments required by sub-subparagraph b.
1452 (3)(a) Collective bargaining.—Notwithstanding provisions of
1453 chapter 447 related to district school board collective
1454 bargaining, collective bargaining may not preclude a district
1455 school board from carrying out its constitutional and statutory
1456 duties related to the following:
1457 1. Providing incentives to effective and highly effective
1458 teachers.
1459 2. Implementing intervention and support strategies under
1460 s. 1008.33 to address the causes of low student performance and
1461 improve student academic performance and attendance.
1462 3. Implementing student discipline provisions required by
1463 law, including a review of a student’s abilities, past
1464 performance, behavior, and needs.
1465 4. Implementing school safety plans and requirements.
1466 5. Implementing staff and student recognition programs.
1467 6. Distributing correspondence to parents, teachers, and
1468 community members related to the daily operation of schools and
1469 the district.
1470 7. Providing any required notice or copies of information
1471 related to the district school board or district operations
1472 which is readily available on the school district’s website.
1473 8. The school district’s calendar.
1474 9. Providing salary supplements pursuant to sub-sub
1475 subparagraph (1)(c)5.c.(III).
1476 Section 32. Present paragraphs (b) and (c) of subsection
1477 (1) of section 1012.335, Florida Statutes, are redesignated as
1478 paragraphs (c) and (d), respectively, a new paragraph (b) is
1479 added to that subsection, paragraphs (d) and (e) are added to
1480 subsection (2) of that section, and subsections (3) and (4) of
1481 that section are amended, to read:
1482 1012.335 Contracts with instructional personnel hired on or
1483 after July 1, 2011.—
1484 (1) DEFINITIONS.—As used in this section, the term:
1485 (b) “Instructional multiyear contract,” beginning July 1,
1486 2026, means an employment contract for a period not to exceed 3
1487 years which the district school board may choose to award upon
1488 completion of a probationary contract and at least one annual
1489 contract.
1490 (2) EMPLOYMENT.—
1491 (d) An instructional multiyear contract may be awarded,
1492 beginning July 1, 2026, only if the employee:
1493 1. Holds an active professional certificate or temporary
1494 certificate issued pursuant to s. 1012.56 and rules of the State
1495 Board of Education;
1496 2. Has been recommended by the district school
1497 superintendent for the instructional multiyear contract based
1498 upon the individual’s evaluation under s. 1012.34 and approved
1499 by the district school board; and
1500 3. Has not received an annual performance evaluation rating
1501 of unsatisfactory or needs improvement under s. 1012.34.
1502 (e) An employee awarded an instructional multiyear contract
1503 who receives an annual performance evaluation rating of
1504 unsatisfactory or needs improvement under s. 1012.34 must be
1505 returned to an annual contract in the following school year.
1506 Such evaluation rating must be included with the evaluation
1507 ratings under subsequent annual contracts for determinations of
1508 just cause under s. 1012.33.
1509 (3) VIOLATION OF ANNUAL OR INSTRUCTIONAL MULTIYEAR
1510 CONTRACT.—Instructional personnel who accept a written offer
1511 from the district school board and who leave their positions
1512 without prior release from the district school board are subject
1513 to the jurisdiction of the Education Practices Commission.
1514 (4) SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON
1515 ANNUAL OR INSTRUCTIONAL MULTIYEAR CONTRACT.—Any instructional
1516 personnel with an annual or instructional multiyear contract may
1517 be suspended or dismissed at any time during the term of the
1518 contract for just cause as provided in subsection (5). The
1519 district school board shall notify the employee in writing
1520 whenever charges are made and may suspend such person without
1521 pay. However, if the charges are not sustained, the employee
1522 must shall be immediately reinstated and his or her back pay
1523 must shall be paid. If the employee wishes to contest the
1524 charges, he or she must, within 15 days after receipt of the
1525 written notice, submit a written request for a hearing to the
1526 district school board. A direct hearing must shall be conducted
1527 by the district school board or a subcommittee thereof within 60
1528 days after receipt of the written appeal. The hearing must shall
1529 be conducted in accordance with ss. 120.569 and 120.57. A
1530 majority vote of the membership of the district school board
1531 shall be required to sustain the district school
1532 superintendent’s recommendation. The district school board’s
1533 determination is final as to the sufficiency or insufficiency of
1534 the grounds for suspension without pay or dismissal. Any such
1535 decision adverse to the employee may be appealed by the employee
1536 pursuant to s. 120.68.
1537 Section 33. Paragraphs (a) and (b) of subsection (1) and
1538 paragraph (a) of subsection (3) of section 1012.34, Florida
1539 Statutes, are amended, and paragraph (c) is added to subsection
1540 (7) of that section, to read:
1541 1012.34 Personnel evaluation procedures and criteria.—
1542 (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
1543 (a) For the purpose of increasing student academic
1544 performance by improving the quality of instructional,
1545 administrative, and supervisory services in the public schools
1546 of this the state, the district school superintendent shall
1547 establish procedures for evaluating the performance of duties
1548 and responsibilities of all instructional, administrative, and
1549 supervisory personnel employed by the school district. The
1550 procedures and requirements in subsection (3) must be
1551 established by the district school superintendent and approved
1552 by the district school board, must set the standards of service
1553 to be offered to the public within the meaning of s. 447.209,
1554 and are not subject to collective bargaining. The district
1555 school superintendent shall provide instructional personnel the
1556 opportunity to review their class rosters for accuracy and to
1557 correct any mistakes. The district school superintendent shall
1558 report accurate class rosters for the purpose of calculating
1559 district and statewide student performance and annually report
1560 the evaluation results of instructional personnel and school
1561 administrators to the Department of Education in addition to the
1562 information required under subsection (5).
1563 (b) The district school superintendent shall submit the
1564 district instructional personnel and school administrator
1565 evaluation systems to the department whenever the evaluation
1566 systems in subsection (2) are amended department must approve
1567 each school district’s instructional personnel and school
1568 administrator evaluation systems. The department shall monitor
1569 each district’s implementation of its instructional personnel
1570 and school administrator evaluation systems for compliance with
1571 the requirements of this section.
1572 (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
1573 personnel and school administrator performance evaluations must
1574 be based upon the performance of students assigned to their
1575 classrooms or schools, as provided in this section. Pursuant to
1576 this section, a school district’s performance evaluation system
1577 is not limited to basing unsatisfactory performance of
1578 instructional personnel and school administrators solely upon
1579 student performance, but may include other criteria to evaluate
1580 instructional personnel and school administrators’ performance,
1581 or any combination of student performance and other criteria.
1582 Evaluation procedures and criteria must comply with, but are not
1583 limited to, the following:
1584 (a) A performance evaluation must be conducted for each
1585 employee at least once a year, except that a classroom teacher,
1586 as defined in s. 1012.01(2)(a), excluding substitute teachers,
1587 who is newly hired by the district school board must be observed
1588 and evaluated at least twice in the first year of teaching in
1589 the school district. The performance evaluation must be based
1590 upon sound educational principles and contemporary research in
1591 effective educational practices. The evaluation criteria must
1592 include:
1593 1. Performance of students.—At least one-half one-third of
1594 a performance evaluation must be based upon data and indicators
1595 of student performance, as determined by each school district.
1596 This portion of the evaluation must include growth or
1597 achievement data of the teacher’s students or, for a school
1598 administrator, the students attending the school over the course
1599 of at least 3 years. If less than 3 years of data are available,
1600 the years for which data are available must be used. The
1601 proportion of growth or achievement data may be determined by
1602 instructional assignment.
1603 2. Instructional practice.—For instructional personnel, at
1604 least one-third of the performance evaluation must be based upon
1605 instructional practice. Evaluation criteria used when annually
1606 observing classroom teachers, as defined in s. 1012.01(2)(a),
1607 excluding substitute teachers, must include indicators based
1608 upon each of the Florida Educator Accomplished Practices adopted
1609 by the State Board of Education. For instructional personnel who
1610 are not classroom teachers, evaluation criteria must be based
1611 upon indicators of the Florida Educator Accomplished Practices
1612 and may include specific job expectations related to student
1613 support. This section does not preclude a school administrator
1614 from visiting and observing classroom teachers throughout the
1615 school year for purposes of providing mentorship, training,
1616 instructional feedback, or professional learning.
1617 3. Instructional leadership.—For school administrators, at
1618 least one-third of the performance evaluation must be based on
1619 instructional leadership. Evaluation criteria for instructional
1620 leadership must include indicators based upon each of the
1621 leadership standards adopted by the State Board of Education
1622 under s. 1012.986, including performance measures related to the
1623 effectiveness of classroom teachers in the school, the
1624 administrator’s appropriate use of evaluation criteria and
1625 procedures, recruitment and retention of effective and highly
1626 effective classroom teachers, improvement in the percentage of
1627 instructional personnel evaluated at the highly effective or
1628 effective level, and other leadership practices that result in
1629 student learning growth. The system may include a means to give
1630 parents and instructional personnel an opportunity to provide
1631 input into the administrator’s performance evaluation.
1632 4. Other indicators of performance.—For instructional
1633 personnel and school administrators, the remainder of a
1634 performance evaluation may include, but is not limited to,
1635 professional and job responsibilities as recommended by the
1636 State Board of Education or identified by the district school
1637 board and, for instructional personnel, peer reviews,
1638 objectively reliable survey information from students and
1639 parents based on teaching practices that are consistently
1640 associated with higher student achievement, and other valid and
1641 reliable measures of instructional practice.
1642 (7) MEASUREMENT OF STUDENT PERFORMANCE.—
1643 (c) The measurement of student learning growth under
1644 paragraph (a) may not be the sole determinant for any incentive
1645 pay for instructional personnel or school administrators.
1646 Section 34. Paragraph (c) of subsection (1) of section
1647 1012.39, Florida Statutes, is amended to read:
1648 1012.39 Employment of substitute teachers, teachers of
1649 adult education, nondegreed teachers of career education, and
1650 career specialists; students performing clinical field
1651 experience.—
1652 (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
1653 1012.57, or any other provision of law or rule to the contrary,
1654 each district school board shall establish the minimal
1655 qualifications for:
1656 (c) Part-time and full-time nondegreed teachers of career
1657 programs. Qualifications must be established for nondegreed
1658 teachers of career and technical education courses for program
1659 clusters that are recognized in the state and are based
1660 primarily on successful occupational experience rather than
1661 academic training. The qualifications for such teachers must
1662 require:
1663 1. The filing of a complete set of fingerprints in the same
1664 manner as required by s. 1012.32. Faculty employed solely to
1665 conduct postsecondary instruction may be exempted from this
1666 requirement.
1667 2. Documentation of education and successful occupational
1668 experience, including documentation of:
1669 a. A high school diploma or the equivalent.
1670 b. Completion of a minimum level, established by the
1671 district school board, 3 years of full-time successful
1672 occupational experience or the equivalent of part-time
1673 experience in the teaching specialization area. The district
1674 school board may establish alternative qualifications for
1675 teachers with an industry certification in the career area in
1676 which they teach.
1677 c. For full-time teachers, completion of professional
1678 education training in teaching methods, course construction,
1679 lesson planning and evaluation, and teaching special needs
1680 students. This training may be completed through coursework from
1681 an accredited or approved institution or an approved district
1682 teacher education program, or the local school district
1683 inservice master plan.
1684 d. Documentation of industry certification when state or
1685 national industry certifications are available and applicable.
1686 Section 35. Paragraphs (a), (b), (d), and (e) of subsection
1687 (2) of section 1012.555, Florida Statutes, are amended to read:
1688 1012.555 Teacher Apprenticeship Program.—
1689 (2)(a) An individual must meet the following minimum
1690 eligibility requirements to participate in the apprenticeship
1691 program:
1692 1. Be enrolled in or have completed Have received an
1693 associate degree program at from an accredited postsecondary
1694 institution.
1695 2. Have earned a cumulative grade point average of 2.5 in
1696 that degree program.
1697 3. Have successfully passed a background screening as
1698 provided in s. 1012.32.
1699 4. Have received a temporary apprenticeship certificate as
1700 provided in s. 1012.56(7)(d).
1701 (b) As a condition of participating in the program, an
1702 apprentice teacher must commit to spending at least the first 2
1703 years in the classroom of a mentor teacher using team teaching
1704 strategies identified in s. 1003.03(4)(b) s. 1003.03(5)(b) and
1705 fulfilling the on-the-job training component of the registered
1706 apprenticeship and its associated standards.
1707 (d) An apprentice teacher must be appointed by the district
1708 school board or work in the district as an education
1709 paraprofessional and must be paid in accordance with s. 446.032
1710 and rules adopted by the State Board of Education.
1711 (e) An apprentice teacher may change schools or districts
1712 after the first year of his or her apprenticeship if the
1713 receiving hiring school or district has agreed to fund the
1714 remaining year of the apprenticeship.
1715 Section 36. Paragraph (g) of subsection (2), subsections
1716 (3) and (7), and paragraph (a) of subsection (8) of section
1717 1012.56, Florida Statutes, are amended to read:
1718 1012.56 Educator certification requirements.—
1719 (2) ELIGIBILITY CRITERIA.—To be eligible to seek
1720 certification, a person must:
1721 (g) Demonstrate mastery of general knowledge pursuant to
1722 subsection (3), if the person serves as a classroom teacher as
1723 defined in s. 1012.01(2)(a).
1724 (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
1725 demonstrating mastery of general knowledge are:
1726 (a) Achievement of passing scores on the general knowledge
1727 examination required by state board rule;
1728 (b) Documentation of a valid professional standard teaching
1729 certificate issued by another state;
1730 (c) Documentation of a valid certificate issued by the
1731 National Board for Professional Teaching Standards or a national
1732 educator credentialing board approved by the State Board of
1733 Education;
1734 (d) Documentation of two semesters of successful, full-time
1735 or part-time teaching in a Florida College System institution,
1736 state university, or private college or university that awards
1737 an associate or higher degree and is an accredited institution
1738 or an institution of higher education identified by the
1739 Department of Education as having a quality program;
1740 (e) Achievement of passing scores, identified in state
1741 board rule, on national or international examinations that test
1742 comparable content and relevant standards in verbal, analytical
1743 writing, and quantitative reasoning skills, including, but not
1744 limited to, the verbal, analytical writing, and quantitative
1745 reasoning portions of the Graduate Record Examination and the
1746 SAT, ACT, and Classic Learning Test. Passing scores identified
1747 in state board rule must be at approximately the same level of
1748 rigor as is required to pass the general knowledge examinations;
1749 or
1750 (f) Documentation of receipt of a master’s or higher degree
1751 from an accredited postsecondary educational institution that
1752 the Department of Education has identified as having a quality
1753 program resulting in a baccalaureate degree or higher.
1754
1755 A school district that employs an individual who does not
1756 achieve passing scores on any subtest of the general knowledge
1757 examination must provide information regarding the availability
1758 of state-level and district-level supports and instruction to
1759 assist him or her in achieving a passing score. Such information
1760 must include, but need not be limited to, state-level test
1761 information guides, school district test preparation resources,
1762 and preparation courses offered by state universities and
1763 Florida College System institutions. The requirement of mastery
1764 of general knowledge shall be waived for an individual who has
1765 been provided 3 years of supports and instruction and who has
1766 been rated effective or highly effective under s. 1012.34 for
1767 each of the last 3 years.
1768 (7) TYPES AND TERMS OF CERTIFICATION.—
1769 (a) The Department of Education shall issue a professional
1770 certificate for a period not to exceed 5 years to any applicant
1771 who fulfills one of the following:
1772 1. Meets all the applicable requirements outlined in
1773 subsection (2).
1774 2. For a professional certificate covering grades 6 through
1775 12:
1776 a. Meets the applicable requirements of paragraphs (2)(a)
1777 (h).
1778 b. Holds a master’s or higher degree in the area of
1779 science, technology, engineering, or mathematics.
1780 c. Teaches a high school course in the subject of the
1781 advanced degree.
1782 d. Is rated highly effective as determined by the teacher’s
1783 performance evaluation under s. 1012.34, based in part on
1784 student performance as measured by a statewide, standardized
1785 assessment or an Advanced Placement, Advanced International
1786 Certificate of Education, or International Baccalaureate
1787 examination.
1788 e. Achieves a passing score on the Florida professional
1789 education competency examination required by state board rule.
1790 3. Meets the applicable requirements of paragraphs (2)(a)
1791 (h) and completes a professional learning certification program
1792 approved by the department pursuant to paragraph (8)(c) or an
1793 educator preparation institute approved by the department
1794 pursuant to s. 1004.85. An applicant who completes one of these
1795 programs and is rated highly effective as determined by his or
1796 her performance evaluation under s. 1012.34 is not required to
1797 take or achieve a passing score on the professional education
1798 competency examination in order to be awarded a professional
1799 certificate.
1800 (b) The department shall issue a temporary certificate to
1801 any applicant who:
1802 1. Completes the requirements outlined in paragraphs
1803 (2)(a)-(f) and completes the subject area content requirements
1804 specified in state board rule or demonstrates mastery of subject
1805 area knowledge pursuant to subsection (5) and holds an
1806 accredited degree or a degree approved by the Department of
1807 Education at the level required for the subject area
1808 specialization in state board rule;
1809 2. For a subject area specialization for which the state
1810 board otherwise requires a bachelor’s degree, documents 48
1811 months of active-duty military service with an honorable
1812 discharge or a medical separation; completes the requirements
1813 outlined in paragraphs (2)(a), (b), and (d)-(f); completes the
1814 subject area content requirements specified in state board rule
1815 or demonstrates mastery of subject area knowledge pursuant to
1816 subsection (5); and documents completion of 60 college credits
1817 with a minimum cumulative grade point average of 2.5 on a 4.0
1818 scale, as provided by one or more accredited institutions of
1819 higher learning or a nonaccredited institution of higher
1820 learning identified by the Department of Education as having a
1821 quality program resulting in a bachelor’s degree or higher; or
1822 3. Is enrolled in a state-approved teacher preparation
1823 program under s. 1004.04; is actively completing the required
1824 program field experience or internship at a public school;
1825 completes the requirements outlined in paragraphs (2)(a), (b),
1826 and (d)-(f); completes the subject area content requirements
1827 specified in state board rule or demonstrates mastery of subject
1828 area knowledge pursuant to subsection (5); and documents
1829 completion of 60 college credits with a minimum cumulative grade
1830 point average of 2.5 on a 4.0 scale, as provided by one or more
1831 accredited institutions of higher learning or a nonaccredited
1832 institution of higher learning identified by the Department of
1833 Education as having a quality program resulting in a bachelor’s
1834 degree or higher.
1835 (c) The department shall issue one nonrenewable 2-year
1836 temporary certificate and one nonrenewable 5-year professional
1837 certificate to a qualified applicant who holds a bachelor’s
1838 degree in the area of speech-language impairment to allow for
1839 completion of a master’s degree program in speech-language
1840 impairment.
1841 (d) The department shall issue a temporary apprenticeship
1842 certificate to any applicant who:
1843 1. Meets the requirements of paragraphs (2)(a), (b), and
1844 (d)-(f).
1845 2. Completes the subject area content requirements
1846 specified in state board rule or demonstrates mastery of subject
1847 area knowledge as provided in subsection (5).
1848 (e) A person who is issued a temporary certificate under
1849 paragraph (b) must be assigned a teacher mentor for a minimum of
1850 2 school years after commencing employment. Each teacher mentor
1851 selected by the school district, charter school, or charter
1852 management organization must:
1853 1. Hold a valid professional certificate issued pursuant to
1854 this section;
1855 2. Have earned at least 3 years of teaching experience in
1856 prekindergarten through grade 12; and
1857 3. Have earned an effective or highly effective rating on
1858 the prior year’s performance evaluation under s. 1012.34.
1859 (f)1. A temporary certificate is valid for 5 school fiscal
1860 years, is limited to a one-time issuance, and is nonrenewable.
1861 2. A temporary apprenticeship certificate issued under
1862 paragraph (d) is valid for 5 school years, may be issued only
1863 once, and is nonrenewable.
1864 (g) A certificateholder may request that her or his
1865 certificate be placed in an inactive status. A certificate that
1866 has been inactive may be reactivated upon application to the
1867 department. The department shall prescribe, by rule,
1868 professional learning requirements as a condition of
1869 reactivating a certificate that has been inactive for more than
1870 1 year.
1871 (h) A school district or a regional education consortium
1872 may issue temporary certificates, based on the requirements in
1873 paragraph (b). School districts and regional education consortia
1874 must report the number of such certificates issued, and any
1875 additional information to the department, based on reporting
1876 requirements adopted by the State Board of Education.
1877
1878 At least 1 year before an individual’s department-issued
1879 temporary certificate is set to expire, the department shall
1880 electronically notify the individual of the date on which his or
1881 her certificate will expire and provide a list of each method by
1882 which the qualifications for a professional certificate can be
1883 completed.
1884 (8) PROFESSIONAL LEARNING CERTIFICATION PROGRAM.—
1885 (a) The Department of Education shall develop and each
1886 school district, charter school, and charter management
1887 organization may provide a cohesive competency-based
1888 professional learning certification program by which
1889 instructional staff may satisfy the mastery of professional
1890 preparation and education competence requirements specified in
1891 subsection (6) and rules of the State Board of Education.
1892 Participants must hold a state-issued temporary certificate. A
1893 school district, charter school, or charter management
1894 organization that implements the program shall provide a
1895 competency-based certification program developed by the
1896 Department of Education or developed by the district, charter
1897 school, or charter management organization and approved by the
1898 Department of Education. These entities may collaborate with
1899 other supporting agencies or educational entities for
1900 implementation. The program shall include the following:
1901 1. A teacher mentorship and induction component.
1902 a. Each individual selected by the district, charter
1903 school, or charter management organization as a mentor:
1904 (I) Must hold a valid professional certificate issued
1905 pursuant to this section;
1906 (II) Must have earned at least 3 years of teaching
1907 experience in prekindergarten through grade 12;
1908 (III) Must have completed training in clinical supervision
1909 and participate in ongoing mentor training provided through the
1910 coordinated system of professional learning under s. 1012.98(4);
1911 (IV) Must have earned an effective or highly effective
1912 rating on the prior year’s performance evaluation; and
1913 (V) May be a peer evaluator under the district’s evaluation
1914 system approved under s. 1012.34.
1915 b. The teacher mentorship and induction component must, at
1916 a minimum, provide routine opportunities for mentoring and
1917 induction activities, including ongoing professional learning as
1918 described in s. 1012.98 targeted to a teacher’s needs,
1919 opportunities for a teacher to observe other teachers, co
1920 teaching experiences, and reflection and follow-up followup
1921 discussions. Professional learning must meet the criteria
1922 established in s. 1012.98(3). Mentorship and induction
1923 activities must be provided for an applicant’s first year in the
1924 program and may be provided until the applicant attains his or
1925 her professional certificate in accordance with this section.
1926 2. An assessment of teaching performance aligned to the
1927 district’s, charter school’s, or charter management
1928 organization’s system for personnel evaluation under s. 1012.34
1929 which provides for:
1930 a. An initial evaluation of each educator’s competencies to
1931 determine an appropriate individualized professional learning
1932 plan.
1933 b. A summative evaluation to assure successful completion
1934 of the program.
1935 3. Professional education preparation content knowledge,
1936 which must be included in the mentoring and induction activities
1937 under subparagraph 1., that includes, but is not limited to, the
1938 following:
1939 a. The state academic standards provided under s. 1003.41,
1940 including scientifically researched and evidence-based reading
1941 instructional strategies grounded in the science of reading,
1942 content literacy, and mathematical practices, for each subject
1943 identified on the temporary certificate. Reading instructional
1944 strategies for foundational skills shall include phonics
1945 instruction for decoding and encoding as the primary
1946 instructional strategy for word reading. Instructional
1947 strategies may not employ the three-cueing system model of
1948 reading or visual memory as a basis for teaching word reading.
1949 Instructional strategies may include visual information and
1950 strategies which improve background and experiential knowledge,
1951 add context, and increase oral language and vocabulary to
1952 support comprehension, but may not be used to teach word
1953 reading.
1954 b. The educator-accomplished practices approved by the
1955 state board.
1956 4. Required achievement of passing scores on the subject
1957 area and professional education competency examination required
1958 by State Board of Education rule. Mastery of general knowledge
1959 must be demonstrated as described in subsection (3).
1960 5. Beginning with candidates entering a program in the
1961 2022-2023 school year, a candidate for certification in a
1962 coverage area identified pursuant to s. 1012.585(3)(g) s.
1963 1012.585(3)(f) must successfully complete all competencies for a
1964 reading endorsement, including completion of the endorsement
1965 practicum.
1966 Section 37. Paragraph (a) of subsection (2), subsection
1967 (3), and paragraph (b) of subsection (5) of section 1012.585,
1968 Florida Statutes, are amended to read:
1969 1012.585 Process for renewal of professional certificates.—
1970 (2)(a) All professional certificates, except a nonrenewable
1971 professional certificate, are shall be renewable for successive
1972 periods not to exceed 10 5 years after the date of submission of
1973 documentation of completion of the requirements for renewal
1974 provided in subsection (3). Only one renewal may be granted
1975 during each 5-year or 10-year validity period of a professional
1976 certificate.
1977 1. An applicant who is rated highly effective, pursuant to
1978 s. 1012.34, in the first 4 years of the 5-year validity period
1979 of his or her professional certificate is eligible for a
1980 professional certificate valid for 10 years. An applicant must
1981 be issued at least one 5-year professional certificate to be
1982 eligible for a 10-year professional certificate. An applicant
1983 who does not meet the requirement of this subparagraph is
1984 eligible only to renew his or her 5-year professional
1985 certificate.
1986 2. An applicant who is rated effective or highly effective,
1987 pursuant to s. 1012.34, for the first 9 years of the 10-year
1988 validity period of his or her professional certificate is
1989 eligible to renew a professional certificate valid for 10 years.
1990 An applicant issued a 10-year professional certificate who does
1991 not meet the requirement of this subparagraph is eligible only
1992 for renewal of a professional certificate valid for 5 years.
1993 (3) For the renewal of a professional certificate, the
1994 following requirements must be met:
1995 (a) The applicant must:
1996 1. Earn a minimum of 6 college credits or 120 inservice
1997 points or a combination thereof for a certificate valid for 5
1998 years. The district school board may reduce the requirements by
1999 1 college credit or 20 inservice points for an applicant rated
2000 highly effective, pursuant to s. 1012.34, in at least 3 of the 5
2001 years of the 5-year validity period of his or her initial
2002 professional certificate.
2003 2. Earn a minimum of 9 college credits or 180 inservice
2004 points or a combination thereof for a professional certificate
2005 valid for 10 years. A minimum of 5 college credits or 100
2006 inservice points or a combination thereof must be earned within
2007 the first 5 years of a professional certificate valid for 10
2008 years.
2009 (b) For each area of specialization to be retained on a
2010 certificate, the applicant must earn at least 3 of the required
2011 credit hours or equivalent inservice points in the
2012 specialization area. Education in “clinical educator” training
2013 pursuant to s. 1004.04(5)(b); participation in mentorship and
2014 induction activities, including as a mentor, pursuant to s.
2015 1012.56(8)(a); and credits or points that provide training in
2016 the area of scientifically researched, knowledge-based reading
2017 literacy grounded in the science of reading, including explicit,
2018 systematic, and sequential approaches to reading instruction,
2019 developing phonemic awareness, and implementing multisensory
2020 intervention strategies, and computational skills acquisition,
2021 exceptional student education, normal child development, and the
2022 disorders of development may be applied toward any
2023 specialization area. Credits or points that provide training in
2024 the areas of drug abuse, child abuse and neglect, strategies in
2025 teaching students having limited proficiency in English, or
2026 dropout prevention, or training in areas identified in the
2027 educational goals and performance standards adopted pursuant to
2028 ss. 1000.03(5) and 1008.345 may be applied toward any
2029 specialization area, except specialization areas identified by
2030 State Board of Education rule that include reading instruction
2031 or intervention for any students in kindergarten through grade
2032 6. Each district school board shall include in its inservice
2033 master plan the ability for teachers to receive inservice points
2034 for supporting students in extracurricular career and technical
2035 education activities, such as career and technical student
2036 organization activities outside of regular school hours and
2037 training related to supervising students participating in a
2038 career and technical student organization. Credits or points
2039 earned through approved summer institutes may be applied toward
2040 the fulfillment of these requirements. Inservice points may also
2041 be earned by participation in professional growth components
2042 approved by the State Board of Education and specified pursuant
2043 to s. 1012.98 in the district’s approved master plan for
2044 inservice educational training; however, such points may not be
2045 used to satisfy the specialization requirements of this
2046 paragraph.
2047 (c)(b) In lieu of college course credit or inservice
2048 points, the applicant may renew a subject area specialization by
2049 passage of a state board approved Florida-developed subject area
2050 examination or, if a Florida subject area examination has not
2051 been developed, a standardized examination specified in state
2052 board rule.
2053 (d)(c) If an applicant wishes to retain more than two
2054 specialization areas on the certificate, the applicant must
2055 shall be permitted two successive validity periods for renewal
2056 of all specialization areas, but must earn no fewer than 6
2057 college course credit hours or the equivalent inservice points
2058 in any one validity period.
2059 (e)(d) The State Board of Education shall adopt rules for
2060 the expanded use of training for renewal of the professional
2061 certificate for educators who are required to complete training
2062 in teaching students of limited English proficiency or students
2063 with disabilities and training in the teaching of reading as
2064 follows:
2065 1. A teacher who holds a professional certificate may use
2066 college credits or inservice points earned through training in
2067 teaching students of limited English proficiency or students
2068 with disabilities and training in the teaching of reading in
2069 excess of 6 semester hours during one certificate-validity
2070 period toward renewal of the professional certificate during the
2071 subsequent validity periods.
2072 2. A teacher who holds a temporary certificate may use
2073 college credits or inservice points earned through training in
2074 teaching students of limited English proficiency or students
2075 with disabilities and training in the teaching of reading toward
2076 renewal of the teacher’s first professional certificate. Such
2077 training must not have been included within the degree program,
2078 and the teacher’s temporary and professional certificates must
2079 be issued for consecutive school years.
2080 (f)(e) Beginning July 1, 2014, an applicant for renewal of
2081 a professional certificate must earn a minimum of one college
2082 credit or the equivalent inservice points in the area of
2083 instruction for teaching students with disabilities. The
2084 requirement in this paragraph may not add to the total hours
2085 required by the department for continuing education or inservice
2086 training.
2087 (g)(f) An applicant for renewal of a professional
2088 certificate in any area of certification identified by State
2089 Board of Education rule that includes reading instruction or
2090 intervention for any students in kindergarten through grade 6,
2091 with a beginning validity date of July 1, 2020, or thereafter,
2092 must earn a minimum of 2 college credits or the equivalent
2093 inservice points in evidence-based instruction and interventions
2094 grounded in the science of reading specifically designed for
2095 students with characteristics of dyslexia, including the use of
2096 explicit, systematic, and sequential approaches to reading
2097 instruction, developing phonological and phonemic awareness,
2098 decoding, and implementing multisensory intervention strategies.
2099 Such training must be provided by teacher preparation programs
2100 under s. 1004.04 or s. 1004.85 or approved school district
2101 professional learning systems under s. 1012.98. The requirements
2102 in this paragraph may not add to the total hours required by the
2103 department for continuing education or inservice training.
2104 (h)(g) An applicant for renewal of a professional
2105 certificate in educational leadership from a Level I program
2106 under s. 1012.562(2) or Level II program under s. 1012.562(3),
2107 with a beginning validity date of July 1, 2025, or thereafter,
2108 must earn a minimum of 1 college credit or 20 inservice points
2109 in Florida’s educational leadership standards, as established in
2110 rule by the State Board of Education. The requirement in this
2111 paragraph may not add to the total hours required by the
2112 department for continuing education or inservice training.
2113 (i)(h) A teacher may earn inservice points only once during
2114 each 5-year validity period for any mandatory training topic
2115 that is not linked to student learning or professional growth.
2116 (5) The State Board of Education shall adopt rules to allow
2117 the reinstatement of expired professional certificates. The
2118 department may reinstate an expired professional certificate if
2119 the certificateholder:
2120 (b) Documents completion of 6 college credits during the 5
2121 years immediately preceding reinstatement of the expired
2122 certificate, completion of 120 inservice points, or a
2123 combination thereof, in an area specified in paragraph (3)(b)
2124 (3)(a) to include the credit required under paragraph (3)(f)
2125 (3)(e).
2126
2127 The requirements of this subsection may not be satisfied by
2128 subject area examinations or college credits completed for
2129 issuance of the certificate that has expired.
2130 Section 38. Section 1013.19, Florida Statutes, is amended
2131 to read:
2132 1013.19 Purchase, conveyance, or encumbrance of property
2133 interests above surface of land; joint-occupancy structures.—For
2134 the purpose of implementing jointly financed construction
2135 project agreements, or for the construction of combined
2136 occupancy structures, any board may purchase, own, convey, sell,
2137 lease, or encumber airspace or any other interests in property
2138 above the surface of the land, provided the lease of airspace
2139 for nonpublic use is for such reasonable rent, length of term,
2140 and conditions as the board in its discretion may determine. All
2141 proceeds from such sale or lease shall be used by a the board of
2142 trustees for a Florida College System institution or state
2143 university or boards receiving the proceeds solely for fixed
2144 capital outlay purposes. These purposes may include the
2145 renovation or remodeling of existing facilities owned by the
2146 board or the construction of new facilities; however, for a
2147 Florida College System institution board or university board,
2148 such new facility must be authorized by the Legislature. It is
2149 declared that the use of such rental by the board for public
2150 purposes in accordance with its statutory authority is a public
2151 use. Airspace or any other interest in property held by the
2152 Board of Trustees of the Internal Improvement Trust Fund or the
2153 State Board of Education may not be divested or conveyed without
2154 approval of the respective board. Any building, including any
2155 building or facility component that is common to both nonpublic
2156 and educational portions thereof, constructed in airspace that
2157 is sold or leased for nonpublic use pursuant to this section is
2158 subject to all applicable state, county, and municipal
2159 regulations pertaining to land use, zoning, construction of
2160 buildings, fire protection, health, and safety to the same
2161 extent and in the same manner as such regulations would be
2162 applicable to the construction of a building for nonpublic use
2163 on the appurtenant land beneath the subject airspace. Any
2164 educational facility constructed or leased as a part of a joint
2165 occupancy facility is subject to all rules and requirements of
2166 the respective boards or departments having jurisdiction over
2167 educational facilities. Any contract executed by a university
2168 board of trustees pursuant to this section is subject to the
2169 provisions of s. 1010.62.
2170 Section 39. Section 1013.35, Florida Statutes, is amended
2171 to read:
2172 1013.35 School district educational facilities plan;
2173 definitions; preparation, adoption, and amendment; long-term
2174 work programs.—
2175 (1) DEFINITIONS.—As used in this section, the term:
2176 (a) “Adopted educational facilities plan” means the
2177 comprehensive planning document that is adopted annually by the
2178 district school board as provided in subsection (2) and that
2179 contains the educational plant survey.
2180 (b) “District facilities work program” means the 5-year
2181 listing of capital outlay projects adopted by the district
2182 school board as provided in subparagraph (2)(a)2. and paragraph
2183 (2)(b) as part of the district educational facilities plan,
2184 which is required in order to:
2185 1. Properly maintain the educational plant and ancillary
2186 facilities of the district.
2187 2. Provide an adequate number of satisfactory student
2188 stations for the projected student enrollment of the district in
2189 K-12 programs.
2190 (c) “Tentative educational facilities plan” means the
2191 comprehensive planning document prepared annually by the
2192 district school board and submitted to the Office of Educational
2193 Facilities and the affected general-purpose local governments.
2194 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
2195 FACILITIES PLAN.—
2196 (a) Annually, before prior to the adoption of the district
2197 school budget, each district school board shall prepare a
2198 tentative district educational facilities plan that includes
2199 long-range planning for facilities needs over 5-year, 10-year,
2200 and 20-year periods. The plan must be developed in coordination
2201 with the general-purpose local governments and be consistent
2202 with the local government comprehensive plans. The school
2203 board’s plan for provision of new schools must meet the needs of
2204 all growing communities in the district, ranging from small
2205 rural communities to large urban cities. The plan must include:
2206 1. Projected student populations apportioned geographically
2207 at the local level. The projections must be based on information
2208 produced by the demographic, revenue, and education estimating
2209 conferences pursuant to s. 216.136, where available, as modified
2210 by the district based on development data and agreement with the
2211 local governments and the Office of Educational Facilities. The
2212 projections must be apportioned geographically with assistance
2213 from the local governments using local development trend data
2214 and the school district student enrollment data.
2215 2. An inventory of existing school facilities. Any
2216 anticipated expansions or closures of existing school sites over
2217 the 5-year, 10-year, and 20-year periods must be identified. The
2218 inventory must include an assessment of areas proximate to
2219 existing schools and identification of the need for improvements
2220 to infrastructure, safety, including safe access routes, and
2221 conditions in the community. The plan must also provide a
2222 listing of major repairs and renovation projects anticipated
2223 over the period of the plan.
2224 3. Projections of facilities space needs, which may not
2225 exceed the norm space and occupant design criteria established
2226 in the State Requirements for Educational Facilities.
2227 4. Information on leased, loaned, and donated space and
2228 relocatables used for conducting the district’s instructional
2229 programs.
2230 5. The general location of public schools proposed to be
2231 constructed over the 5-year, 10-year, and 20-year time periods,
2232 including a listing of the proposed schools’ site acreage needs
2233 and anticipated capacity and maps showing the general locations.
2234 The school board’s identification of general locations of future
2235 school sites must be based on the school siting requirements of
2236 s. 163.3177(6)(a) and policies in the comprehensive plan which
2237 provide guidance for appropriate locations for school sites.
2238 6. The identification of options deemed reasonable and
2239 approved by the school board which reduce the need for
2240 additional permanent student stations. Such options may include,
2241 but need not be limited to:
2242 a. Acceptable capacity;
2243 b. Redistricting;
2244 c. Busing;
2245 d. Year-round schools;
2246 e. Charter schools;
2247 f. Magnet schools; and
2248 g. Public-private partnerships.
2249 7. The criteria and method, jointly determined by the local
2250 government and the school board, for determining the impact of
2251 proposed development to public school capacity.
2252 (b) The plan must also include a financially feasible
2253 district facilities work program for a 5-year period. The work
2254 program must include:
2255 1. A schedule of major repair and renovation projects
2256 necessary to maintain the educational facilities and ancillary
2257 facilities of the district.
2258 2. A schedule of capital outlay projects necessary to
2259 ensure the availability of satisfactory student stations for the
2260 projected student enrollment in K-12 programs. This schedule
2261 shall consider:
2262 a. The locations, capacities, and planned utilization rates
2263 of current educational facilities of the district. The capacity
2264 of existing satisfactory facilities, as reported in the Florida
2265 Inventory of School Houses must be compared to the capital
2266 outlay full-time-equivalent student enrollment as determined by
2267 the department, including all enrollment used in the calculation
2268 of the distribution formula in s. 1013.64.
2269 b. The proposed locations of planned facilities, whether
2270 those locations are consistent with the comprehensive plans of
2271 all affected local governments, and recommendations for
2272 infrastructure and other improvements to land adjacent to
2273 existing facilities. The provisions of ss. 1013.33(6), (7), and
2274 (8) and 1013.36 must be addressed for new facilities planned
2275 within the first 3 years of the work plan, as appropriate.
2276 c. Plans for the use and location of relocatable
2277 facilities, leased facilities, and charter school facilities.
2278 d. Plans for multitrack scheduling, grade level
2279 organization, block scheduling, or other alternatives that
2280 reduce the need for additional permanent student stations.
2281 e. Information concerning average class size and
2282 utilization rate by grade level within the district which will
2283 result if the tentative district facilities work program is
2284 fully implemented.
2285 f. The number and percentage of district students planned
2286 to be educated in relocatable facilities during each year of the
2287 tentative district facilities work program. For determining
2288 future needs, student capacity may not be assigned to any
2289 relocatable classroom that is scheduled for elimination or
2290 replacement with a permanent educational facility in the current
2291 year of the adopted district educational facilities plan and in
2292 the district facilities work program adopted under this section.
2293 Those relocatable classrooms clearly identified and scheduled
2294 for replacement in a school-board-adopted, financially feasible,
2295 5-year district facilities work program shall be counted at zero
2296 capacity at the time the work program is adopted and approved by
2297 the school board. However, if the district facilities work
2298 program is changed and the relocatable classrooms are not
2299 replaced as scheduled in the work program, the classrooms must
2300 be reentered into the system and be counted at actual capacity.
2301 Relocatable classrooms may not be perpetually added to the work
2302 program or continually extended for purposes of circumventing
2303 this section. All relocatable classrooms not identified and
2304 scheduled for replacement, including those owned, lease
2305 purchased, or leased by the school district, must be counted at
2306 actual student capacity. The district educational facilities
2307 plan must identify the number of relocatable student stations
2308 scheduled for replacement during the 5-year survey period and
2309 the total dollar amount needed for that replacement.
2310 g. Plans for the closure of any school, including plans for
2311 disposition of the facility or usage of facility space, and
2312 anticipated revenues.
2313 h. Projects for which capital outlay and debt service funds
2314 accruing under s. 9(d), Art. XII of the State Constitution are
2315 to be used shall be identified separately in priority order on a
2316 project priority list within the district facilities work
2317 program.
2318 3. The projected cost for each project identified in the
2319 district facilities work program. For proposed projects for new
2320 student stations, a schedule shall be prepared comparing the
2321 planned cost and square footage for each new student station, by
2322 elementary, middle, and high school levels, to the low, average,
2323 and high cost of facilities constructed throughout the state
2324 during the most recent fiscal year for which data is available
2325 from the Department of Education.
2326 4. A schedule of estimated capital outlay revenues from
2327 each currently approved source which is estimated to be
2328 available for expenditure on the projects included in the
2329 district facilities work program.
2330 5. A schedule indicating which projects included in the
2331 district facilities work program will be funded from current
2332 revenues projected in subparagraph 4.
2333 6. A schedule of options for the generation of additional
2334 revenues by the district for expenditure on projects identified
2335 in the district facilities work program which are not funded
2336 under subparagraph 5. Additional anticipated revenues may
2337 include Classrooms First funds.
2338 (c) To the extent available, the tentative district
2339 educational facilities plan shall be based on information
2340 produced by the demographic, revenue, and education estimating
2341 conferences pursuant to s. 216.136.
2342 (2)(d) Provision must shall be made for public comment
2343 concerning the tentative district educational facilities plan.
2344 (e) The district school board shall coordinate with each
2345 affected local government to ensure consistency between the
2346 tentative district educational facilities plan and the local
2347 government comprehensive plans of the affected local governments
2348 during the development of the tentative district educational
2349 facilities plan.
2350 (3)(f) Not less than once every 5 years, the district
2351 school board shall have an audit conducted of the district’s
2352 educational planning and construction activities. An operational
2353 audit conducted by the Auditor General pursuant to s. 11.45
2354 satisfies this requirement.
2355 (4)(3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
2356 FACILITIES PLAN TO LOCAL GOVERNMENT.—The district school board
2357 shall submit a copy of its tentative district educational
2358 facilities plan to all affected local governments before prior
2359 to adoption by the board. The affected local governments may
2360 shall review the tentative district educational facilities plan
2361 and comment to the district school board on the consistency of
2362 the plan with the local comprehensive plan, whether a
2363 comprehensive plan amendment will be necessary for any proposed
2364 educational facility, and whether the local government supports
2365 a necessary comprehensive plan amendment. If the local
2366 government does not support a comprehensive plan amendment for a
2367 proposed educational facility, the matter must shall be resolved
2368 pursuant to the interlocal agreement when required by ss.
2369 163.3177(6)(h), 163.31777, and 1013.33(2). The process for the
2370 submittal and review must shall be detailed in the interlocal
2371 agreement when required pursuant to ss. 163.3177(6)(h),
2372 163.31777, and 1013.33(2).
2373 (5)(4) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN.
2374 Annually, the district school board shall consider and adopt the
2375 tentative district educational facilities plan completed
2376 pursuant to subsection (2). Upon giving proper notice to the
2377 public and local governments and opportunity for public comment,
2378 the district school board may amend the plan to revise the
2379 priority of projects, to add or delete projects, to reflect the
2380 impact of change orders, or to reflect the approval of new
2381 revenue sources which may become available. The adopted district
2382 educational facilities plan must shall:
2383 (a) Be a complete, balanced, and financially feasible
2384 capital outlay financial plan for the district.
2385 (b) Set forth the proposed commitments and planned
2386 expenditures of the district to address the educational
2387 facilities needs of its students and to adequately provide for
2388 the maintenance of the educational plant and ancillary
2389 facilities, including safe access ways from neighborhoods to
2390 schools.
2391 (6)(5) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL FACILITIES
2392 PLAN.—The first year of the adopted district educational
2393 facilities plan constitutes shall constitute the capital outlay
2394 budget required in s. 1013.61. The adopted district educational
2395 facilities plan shall include the information required in
2396 subparagraphs (2)(b)1., 2., and 3., based upon projects actually
2397 funded in the plan.
2398 Section 40. Subsections (3) and (4) of section 1013.41,
2399 Florida Statutes, are amended to read:
2400 1013.41 SMART schools; Classrooms First; legislative
2401 purpose.—
2402 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.—It is the
2403 purpose of the Legislature to create s. 1013.35, requiring each
2404 school district annually to adopt an educational facilities plan
2405 that provides an integrated long-range facilities plan,
2406 including the survey of projected needs and the 5-year work
2407 program. The purpose of the educational facilities plan is to
2408 keep the district school board, local governments, and the
2409 public fully informed as to whether the district is using sound
2410 policies and practices that meet the essential needs of students
2411 and that warrant public confidence in district operations. The
2412 educational facilities plan will be monitored by the Office of
2413 Educational Facilities, which will also apply performance
2414 standards pursuant to s. 1013.04.
2415 (4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of
2416 the Legislature to require the Office of Educational Facilities
2417 to assist school districts in building SMART schools utilizing
2418 functional and frugal practices. The Office of Educational
2419 Facilities shall must review district facilities work programs
2420 and projects and identify opportunities to maximize design and
2421 construction savings; develop school district facilities work
2422 program performance standards; and provide for review and
2423 recommendations to the Governor, the Legislature, and the State
2424 Board of Education.
2425 Section 41. Subsection (4) of section 1013.45, Florida
2426 Statutes, is amended to read:
2427 1013.45 Educational facilities contracting and construction
2428 techniques for school districts and Florida College System
2429 institutions.—
2430 (4) Except as otherwise provided in this section and s.
2431 481.229, the services of a registered architect must be used by
2432 Florida College System institution and state university boards
2433 of trustees for the development of plans for the erection,
2434 enlargement, or alteration of any educational facility. The
2435 services of a registered architect are not required for a minor
2436 renovation project for which the construction cost is less than
2437 $50,000 or for the placement or hookup of relocatable
2438 educational facilities that conform to standards adopted under
2439 s. 1013.37. However, boards must provide compliance with
2440 building code requirements and ensure that these structures are
2441 adequately anchored for wind resistance as required by law. A
2442 district school board shall reuse existing construction
2443 documents or design criteria packages if such reuse is feasible
2444 and practical. If a school district’s 5-year educational
2445 facilities work plan includes the construction of two or more
2446 new schools for students in the same grade group and program,
2447 such as elementary, middle, or high school, the district school
2448 board must require that prototype design and construction be
2449 used for the construction of these schools. Notwithstanding s.
2450 287.055, a board may purchase the architectural services for the
2451 design of educational or ancillary facilities under an existing
2452 contract agreement for professional services held by a district
2453 school board in the State of Florida, provided that the purchase
2454 is to the economic advantage of the purchasing board, the
2455 services conform to the standards prescribed by rules of the
2456 State Board of Education, and such reuse is not without notice
2457 to, and permission from, the architect of record whose plans or
2458 design criteria are being reused. Plans must be reviewed for
2459 compliance with the State Requirements for Educational
2460 Facilities. Rules adopted under this section must establish
2461 uniform prequalification, selection, bidding, and negotiation
2462 procedures applicable to construction management contracts and
2463 the design-build process. This section does not supersede any
2464 small, woman-owned, or minority-owned business enterprise
2465 preference program adopted by a board. Except as otherwise
2466 provided in this section, the negotiation procedures applicable
2467 to construction management contracts and the design-build
2468 process must conform to the requirements of s. 287.055. A board
2469 may not modify any rules regarding construction management
2470 contracts or the design-build process.
2471 Section 42. Section 1013.451, Florida Statutes, is
2472 repealed.
2473 Section 43. Paragraph (a) of subsection (3) of section
2474 1013.62, Florida Statutes, is amended to read:
2475 1013.62 Charter schools capital outlay funding.—
2476 (3) If the school board levies the discretionary millage
2477 authorized in s. 1011.71(2), the department shall use the
2478 following calculation methodology to determine the amount of
2479 revenue that a school district must distribute to each eligible
2480 charter school:
2481 (a) Reduce the total discretionary millage revenue by the
2482 school district’s annual debt service obligation incurred as of
2483 March 1, 2017, which has not been subsequently retired, and any
2484 amount of participation requirement pursuant to s.
2485 1013.64(2)(a)7. s. 1013.64(2)(a)8. that is being satisfied by
2486 revenues raised by the discretionary millage.
2487
2488 By October 1 of each year, each school district shall certify to
2489 the department the amount of debt service and participation
2490 requirement that complies with the requirement of paragraph (a)
2491 and can be reduced from the total discretionary millage revenue.
2492 The Auditor General shall verify compliance with the
2493 requirements of paragraph (a) and s. 1011.71(2)(e) during
2494 scheduled operational audits of school districts.
2495 Section 44. Paragraph (e) of subsection (1), paragraph (a)
2496 of subsection (2), paragraph (d) of subsection (3), paragraph
2497 (b) of subsection (5), and paragraphs (b) through (e) of
2498 subsection (6) of section 1013.64, Florida Statutes, are amended
2499 to read:
2500 1013.64 Funds for comprehensive educational plant needs;
2501 construction cost maximums for school district capital
2502 projects.—Allocations from the Public Education Capital Outlay
2503 and Debt Service Trust Fund to the various boards for capital
2504 outlay projects shall be determined as follows:
2505 (1)
2506 (e) Remodeling projects must shall be based on the
2507 recommendations of a survey pursuant to s. 1013.31, or, for
2508 district school boards, as indicated by the relative need as
2509 determined by the Florida Inventory of School Houses and the
2510 capital outlay full-time equivalent enrollment in the district.
2511 (2)(a) The department shall establish, as a part of the
2512 Public Education Capital Outlay and Debt Service Trust Fund, a
2513 separate account, in an amount determined by the Legislature, to
2514 be known as the “Special Facility Construction Account.” The
2515 Special Facility Construction Account shall be used to provide
2516 necessary construction funds to school districts which have
2517 urgent construction needs but which lack sufficient resources at
2518 present, and cannot reasonably anticipate sufficient resources
2519 within the period of the next 3 years, for these purposes from
2520 currently authorized sources of capital outlay revenue. A school
2521 district requesting funding from the Special Facility
2522 Construction Account shall submit one specific construction
2523 project, not to exceed one complete educational plant, to the
2524 Special Facility Construction Committee. A district may not
2525 receive funding for more than one approved project in any 3-year
2526 period or while any portion of the district’s participation
2527 requirement is outstanding. The first year of the 3-year period
2528 shall be the first year a district receives an appropriation.
2529 The department shall encourage a construction program that
2530 reduces the average size of schools in the district. The request
2531 must meet the following criteria to be considered by the
2532 committee:
2533 1. The project must be deemed a critical need and must be
2534 recommended for funding by the Special Facility Construction
2535 Committee. Before developing construction plans for the proposed
2536 facility, the district school board must request a
2537 preapplication review by the Special Facility Construction
2538 Committee or a project review subcommittee convened by the chair
2539 of the committee to include two representatives of the
2540 department and two staff members from school districts not
2541 eligible to participate in the program. A school district may
2542 request a preapplication review at any time; however, if the
2543 district school board seeks inclusion in the department’s next
2544 annual capital outlay legislative budget request, the
2545 preapplication review request must be made before February 1.
2546 Within 90 days after receiving the preapplication review
2547 request, the committee or subcommittee must meet in the school
2548 district to review the project proposal and existing facilities.
2549 To determine whether the proposed project is a critical need,
2550 the committee or subcommittee shall consider, at a minimum, the
2551 capacity of all existing facilities within the district as
2552 determined by the Florida Inventory of School Houses; the
2553 district’s pattern of student growth; the district’s existing
2554 and projected capital outlay full-time equivalent student
2555 enrollment as determined by the demographic, revenue, and
2556 education estimating conferences established in s. 216.136; the
2557 district’s existing satisfactory student stations; the use of
2558 all existing district property and facilities; grade level
2559 configurations; and any other information that may affect the
2560 need for the proposed project.
2561 2. The construction project must be recommended in the
2562 most recent survey or survey amendment cooperatively prepared by
2563 the district school board and the department, and approved by
2564 the department under the rules of the State Board of Education.
2565 If a district school board employs a consultant in the
2566 preparation of a survey or survey amendment, the consultant may
2567 not be employed by or receive compensation from a third party
2568 that designs or constructs a project recommended by the survey.
2569 3. The construction project must appear on the district’s
2570 approved project priority list under the rules of the State
2571 Board of Education.
2572 4. The district must have selected and had approved a site
2573 for the construction project in compliance with s. 1013.36 and
2574 the rules of the State Board of Education.
2575 5. The district shall have developed a district school
2576 board adopted list of facilities that do not exceed the norm for
2577 net square feet occupancy requirements under the State
2578 Requirements for Educational Facilities, using all possible
2579 programmatic combinations for multiple use of space to obtain
2580 maximum daily use of all spaces within the facility under
2581 consideration.
2582 6. Upon construction, the total cost per student station,
2583 including change orders, must not exceed the cost per student
2584 station as provided in subsection (6) unless approved by the
2585 Special Facility Construction Committee. At the discretion of
2586 the committee, costs that exceed the cost per student station
2587 for special facilities may include legal and administrative
2588 fees, the cost of site improvements or related offsite
2589 improvements, the cost of complying with public shelter and
2590 hurricane hardening requirements, cost overruns created by a
2591 disaster as defined in s. 252.34(2), costs of security
2592 enhancements approved by the school safety specialist, and
2593 unforeseeable circumstances beyond the district’s control.
2594 7. There shall be an agreement signed by the district
2595 school board stating that it will advertise for bids within 30
2596 days of receipt of its encumbrance authorization from the
2597 department.
2598 7.8. For construction projects for which Special Facilities
2599 Construction Account funding is sought before the 2019-2020
2600 fiscal year, the district shall, at the time of the request and
2601 for a continuing period necessary to meet the district’s
2602 participation requirement, levy the maximum millage against its
2603 nonexempt assessed property value as allowed in s. 1011.71(2) or
2604 shall raise an equivalent amount of revenue from the school
2605 capital outlay surtax authorized under s. 212.055(6). Beginning
2606 with construction projects for which Special Facilities
2607 Construction Account funding is sought in the 2019-2020 fiscal
2608 year, the district shall, for a minimum of 3 years before
2609 submitting the request and for a continuing period necessary to
2610 meet its participation requirement, levy the maximum millage
2611 against the district’s nonexempt assessed property value as
2612 authorized under s. 1011.71(2) or shall raise an equivalent
2613 amount of revenue from the school capital outlay surtax
2614 authorized under s. 212.055(6). Any district with a new or
2615 active project, funded under the provisions of this subsection,
2616 shall be required to budget no more than the value of 1 mill per
2617 year to the project until the district’s participation
2618 requirement relating to the local discretionary capital
2619 improvement millage or the equivalent amount of revenue from the
2620 school capital outlay surtax is satisfied.
2621 8.9. If a contract has not been signed 90 days after the
2622 advertising of bids, the funding for the specific project shall
2623 revert to the Special Facility New Construction Account to be
2624 reallocated to other projects on the list. However, an
2625 additional 90 days may be granted by the commissioner.
2626 9.10. The department shall certify the inability of the
2627 district to fund the survey-recommended project over a
2628 continuous 3-year period using projected capital outlay revenue
2629 derived from s. 9(d), Art. XII of the State Constitution, as
2630 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
2631 10.11. The district shall have on file with the department
2632 an adopted resolution acknowledging its commitment to satisfy
2633 its participation requirement, which is equivalent to all
2634 unencumbered and future revenue acquired from s. 9(d), Art. XII
2635 of the State Constitution, as amended, paragraph (3)(a) of this
2636 section, and s. 1011.71(2), in the year of the initial
2637 appropriation and for the 2 years immediately following the
2638 initial appropriation.
2639 11.12. Phase I plans must be approved by the district
2640 school board as being in compliance with the building and life
2641 safety codes before June 1 of the year the application is made.
2642 (3)
2643 (d) Funds accruing to a district school board from the
2644 provisions of this section shall be expended on needed projects
2645 as shown by survey or surveys under the rules of the State Board
2646 of Education.
2647 (5) District school boards shall identify each fund source
2648 and the use of each proportionate to the project cost, as
2649 identified in the bid document, to assure compliance with this
2650 section. The data shall be submitted to the department, which
2651 shall track this information as submitted by the boards. PECO
2652 funds shall not be expended as indicated in the following:
2653 (b) PECO funds shall not be used for the construction of
2654 football fields, bleachers, site lighting for athletic
2655 facilities, tennis courts, stadiums, racquetball courts, or any
2656 other competition-type facilities not required for physical
2657 education curriculum. Regional or intradistrict football
2658 stadiums may be constructed with these funds provided a minimum
2659 of two high schools and two middle schools are assigned to the
2660 facility and the stadiums are survey recommended. Sophisticated
2661 auditoria shall be limited to magnet performing arts schools,
2662 with all other schools using basic lighting and sound systems as
2663 determined by rule. Local funds shall be used for enhancement of
2664 athletic and performing arts facilities.
2665 (6)
2666 (b)1. A district school board may not use funds from the
2667 following sources: Public Education Capital Outlay and Debt
2668 Service Trust Fund; School District and Community College
2669 District Capital Outlay and Debt Service Trust Fund; Classrooms
2670 First Program funds provided in s. 1013.68; nonvoted 1.5-mill
2671 levy of ad valorem property taxes provided in s. 1011.71(2);
2672 Classrooms for Kids Program funds provided in s. 1013.735;
2673 District Effort Recognition Program funds provided in s.
2674 1013.736; or High Growth District Capital Outlay Assistance
2675 Grant Program funds provided in s. 1013.738 to pay for any
2676 portion of the cost of any new construction of educational plant
2677 space with a total cost per student station, including change
2678 orders, which exceeds:
2679 a. $17,952 for an elementary school;
2680 b. $19,386 for a middle school; or
2681 c. $25,181 for a high school,
2682
2683 (January 2006) as adjusted annually to reflect increases or
2684 decreases in the Consumer Price Index. The department, in
2685 conjunction with the Office of Economic and Demographic
2686 Research, shall estimate review and adjust the cost per student
2687 station limits to reflect actual construction costs by January
2688 1, 2020, and annually thereafter. The adjusted cost per student
2689 station shall be used by the department for computation of the
2690 statewide average costs per student station for each
2691 instructional level pursuant to paragraph (d). The department
2692 may shall also collaborate with the Office of Economic and
2693 Demographic Research to select an industry-recognized
2694 construction index to reflect annual changes in the cost per
2695 student station replace the Consumer Price Index by January 1,
2696 2020, adjusted annually to reflect changes in the construction
2697 index.
2698 2. District school boards School districts shall maintain
2699 accurate documentation related to the costs of all new
2700 construction of educational plant space reported to the
2701 Department of Education pursuant to paragraph (c) (d). The
2702 Auditor General shall review the documentation maintained by the
2703 school districts and verify compliance with the limits under
2704 this paragraph during its scheduled operational audits of the
2705 school district.
2706 3. Except for educational facilities and sites subject to a
2707 lease-purchase agreement entered pursuant to s. 1011.71(2)(e) or
2708 funded solely through local impact fees, in addition to the
2709 funding sources listed in subparagraph 1., a district school
2710 board may not use funds from any sources for new construction of
2711 educational plant space with a total cost per student station,
2712 including change orders, which equals more than the current
2713 adjusted amounts provided in sub-subparagraphs 1.a.-c. However,
2714 if a contract has been executed for architectural and design
2715 services or for construction management services before July 1,
2716 2017, a district school board may use funds from any source for
2717 the new construction of educational plant space and such funds
2718 are exempt from the total cost per student station requirements.
2719 4. A district school board must not use funds from the
2720 Public Education Capital Outlay and Debt Service Trust Fund or
2721 the School District and Community College District Capital
2722 Outlay and Debt Service Trust Fund for any new construction of
2723 an ancillary plant that exceeds 70 percent of the average cost
2724 per square foot of new construction for all schools.
2725 (c) Except as otherwise provided, new construction for
2726 which a contract has been executed for architectural and design
2727 services or for construction management services by a district
2728 school board on or after July 1, 2017, may not exceed the cost
2729 per student station as provided in paragraph (b).
2730 (d) The department shall:
2731 1. Compute for each calendar year the statewide average
2732 construction costs for facilities serving each instructional
2733 level, for relocatable educational facilities, for
2734 administrative facilities, and for other ancillary and auxiliary
2735 facilities. The department shall compute the statewide average
2736 costs per student station for each instructional level.
2737 2. Annually review the actual completed construction costs
2738 of educational facilities in each school district. For any
2739 school district in which the total actual cost per student
2740 station, including change orders, exceeds the statewide limits
2741 established in paragraph (b), the school district shall report
2742 to the department the actual cost per student station and the
2743 reason for the school district’s inability to adhere to the
2744 limits established in paragraph (b). The department shall
2745 collect all such reports and shall provide these reports to the
2746 Auditor General for verification purposes.
2747
2748 Cost per student station includes contract costs, fees of
2749 architects and engineers, and the cost of furniture and
2750 equipment. Cost per student station does not include the cost of
2751 purchasing or leasing the site for the construction, legal and
2752 administrative costs, or the cost of related site or offsite
2753 improvements. Cost per student station also does not include the
2754 cost for securing entries, checkpoint construction, lighting
2755 specifically designed for entry point security, security
2756 cameras, automatic locks and locking devices, electronic
2757 security systems, fencing designed to prevent intruder entry
2758 into a building, bullet-proof glass, or other capital
2759 construction items approved by the school safety specialist to
2760 ensure building security for new educational, auxiliary, or
2761 ancillary facilities.
2762 (e) Notwithstanding the requirements of this subsection, an
2763 unfinished construction project for new construction of
2764 educational plant space that was started on or before July 1,
2765 2028, is exempt from the total cost per student station
2766 requirements established in paragraph (b).
2767 Section 45. Paragraph (e) of subsection (6) of section
2768 163.3180, Florida Statutes, is amended to read:
2769 163.3180 Concurrency.—
2770 (6)
2771 (e) A school district that includes relocatable facilities
2772 in its inventory of student stations shall include the capacity
2773 of such relocatable facilities as provided in s.
2774 1013.35(2)(b)2.f., provided the relocatable facilities were
2775 purchased after 1998 and the relocatable facilities meet the
2776 standards for long-term use pursuant to s. 1013.20.
2777 Section 46. Paragraph (a) of subsection (5) of section
2778 1002.68, Florida Statutes, is amended to read:
2779 1002.68 Voluntary Prekindergarten Education Program
2780 accountability.—
2781 (5)(a) If a public school’s or private prekindergarten
2782 provider’s program assessment composite score for its
2783 prekindergarten classrooms fails to meet the minimum program
2784 assessment composite score for contracting adopted in rule by
2785 the department, the private prekindergarten provider or public
2786 school may not participate in the Voluntary Prekindergarten
2787 Education Program beginning in the consecutive program year and
2788 thereafter until the public school or private prekindergarten
2789 provider meets the minimum composite score for contracting. A
2790 public school or private prekindergarten provider may request
2791 one program assessment per program year in order to requalify
2792 for participation in the Voluntary Prekindergarten Education
2793 Program, provided that the public school or private
2794 prekindergarten provider is not excluded from participation
2795 under ss. 1002.55(6), 1002.61(10)(b), 1002.63(9) 1002.63(9)(b),
2796 or paragraph (5)(b) of this section. If a public school or
2797 private prekindergarten provider would like an additional
2798 program assessment completed within the same program year, the
2799 public school or private prekindergarten provider shall be
2800 responsible for the cost of the program assessment.
2801 Section 47. Paragraphs (c) and (e) of subsection (2) of
2802 section 1003.631, Florida Statutes, are amended to read:
2803 1003.631 Schools of Excellence.—The Schools of Excellence
2804 Program is established to provide administrative flexibility to
2805 the state’s top schools so that the instructional personnel and
2806 administrative staff at such schools can continue to serve their
2807 communities and increase student learning to the best of their
2808 professional ability.
2809 (2) ADMINISTRATIVE FLEXIBILITIES.—A School of Excellence
2810 must be provided the following administrative flexibilities:
2811 (c) For instructional personnel, the substitution of 1
2812 school year of employment at a School of Excellence for 20
2813 inservice points toward the renewal of a professional
2814 certificate, up to 60 inservice points in a 5-year cycle,
2815 pursuant to s. 1012.585(3).
2816 (e) Calculation for compliance with maximum class size
2817 pursuant to s. 1003.03(4) based on the average number of
2818 students at the school level.
2819 Section 48. Paragraph (c) of subsection (2) and paragraph
2820 (b) of subsection (5) of section 1004.04, Florida Statutes, are
2821 amended to read:
2822 1004.04 Public accountability and state approval for
2823 teacher preparation programs.—
2824 (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
2825 (c) Each candidate must receive instruction and be assessed
2826 on the uniform core curricula in the candidate’s area or areas
2827 of program concentration during course work and field
2828 experiences. Beginning with candidates entering a teacher
2829 preparation program in the 2022-2023 school year, a candidate
2830 for certification in a coverage area identified pursuant to s.
2831 1012.585(3)(g) s. 1012.585(3)(f) must successfully complete all
2832 competencies for a reading endorsement, including completion of
2833 the endorsement practicum through the candidate’s field
2834 experience under subsection (5), in order to graduate from the
2835 program.
2836 (5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
2837 instructors, school district personnel and instructional
2838 personnel, and school sites preparing instructional personnel
2839 through preservice field experience courses and internships
2840 shall meet special requirements. District school boards may pay
2841 student teachers during their internships.
2842 (b)1. All school district personnel and instructional
2843 personnel who supervise or direct teacher preparation students
2844 during field experience courses or internships taking place in
2845 this state in which candidates demonstrate an impact on student
2846 learning growth must have:
2847 a. Evidence of “clinical educator” training;
2848 b. A valid professional certificate issued pursuant to s.
2849 1012.56;
2850 c. At least 3 years of teaching experience in
2851 prekindergarten through grade 12;
2852 d. Earned an effective or highly effective rating on the
2853 prior year’s performance evaluation under s. 1012.34 or be a
2854 peer evaluator under the district’s evaluation system approved
2855 under s. 1012.34; and
2856 e. Beginning with the 2022-2023 school year, for all such
2857 personnel who supervise or direct teacher preparation students
2858 during internships in kindergarten through grade 3 or who are
2859 enrolled in a teacher preparation program for a certificate area
2860 identified pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f), a
2861 certificate or endorsement in reading.
2862
2863 The State Board of Education shall approve the training
2864 requirements.
2865 2. All instructional personnel who supervise or direct
2866 teacher preparation students during field experience courses or
2867 internships in another state, in which a candidate demonstrates
2868 his or her impact on student learning growth, through a Florida
2869 online or distance program must have received “clinical
2870 educator” training or its equivalent in that state, hold a valid
2871 professional certificate issued by the state in which the field
2872 experience takes place, and have at least 3 years of teaching
2873 experience in prekindergarten through grade 12.
2874 3. All instructional personnel who supervise or direct
2875 teacher preparation students during field experience courses or
2876 internships, in which a candidate demonstrates his or her impact
2877 on student learning growth, on a United States military base in
2878 another country through a Florida online or distance program
2879 must have received “clinical educator” training or its
2880 equivalent, hold a valid professional certificate issued by the
2881 United States Department of Defense or a state or territory of
2882 the United States, and have at least 3 years teaching experience
2883 in prekindergarten through grade 12.
2884 Section 49. Paragraph (b) of subsection (3) of section
2885 1004.85, Florida Statutes, is amended to read:
2886 1004.85 Postsecondary educator preparation institutes.—
2887 (3) Educator preparation institutes approved pursuant to
2888 this section may offer competency-based certification programs
2889 specifically designed for noneducation major baccalaureate
2890 degree holders to enable program participants to meet the
2891 educator certification requirements of s. 1012.56. An educator
2892 preparation institute choosing to offer a competency-based
2893 certification program pursuant to the provisions of this section
2894 must implement a program developed by the institute and approved
2895 by the department for this purpose. Approved programs shall be
2896 available for use by other approved educator preparation
2897 institutes.
2898 (b) Each program participant must:
2899 1. Meet certification requirements pursuant to s.
2900 1012.56(1) by obtaining a statement of status of eligibility in
2901 the certification subject area of the educational plan and meet
2902 the requirements of s. 1012.56(2)(a)-(f) before participating in
2903 field experiences.
2904 2. Demonstrate competency and participate in field
2905 experiences that are appropriate to his or her educational plan
2906 prepared under paragraph (a). Beginning with candidates entering
2907 an educator preparation institute in the 2022-2023 school year,
2908 a candidate for certification in a coverage area identified
2909 pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f) must
2910 successfully complete all competencies for a reading
2911 endorsement, including completion of the endorsement practicum
2912 through the candidate’s field experience, in order to graduate
2913 from the program.
2914 3. Before completion of the program, fully demonstrate his
2915 or her ability to teach the subject area for which he or she is
2916 seeking certification by documenting a positive impact on
2917 student learning growth in a prekindergarten through grade 12
2918 setting and, except as provided in s. 1012.56(7)(a)3., achieving
2919 a passing score on the professional education competency
2920 examination, the basic skills examination, and the subject area
2921 examination for the subject area certification which is required
2922 by state board rule.
2923 Section 50. Paragraph (b) of subsection (2) of section
2924 1012.586, Florida Statutes, is amended to read:
2925 1012.586 Additions or changes to certificates; duplicate
2926 certificates; reading endorsement pathways.—
2927 (2)
2928 (b) As part of adopting a pathway pursuant to paragraph
2929 (a), the department shall review the competencies for the
2930 reading endorsement and subject area examinations for educator
2931 certificates identified pursuant to s. 1012.585(3)(g) s.
2932 1012.585(3)(f) for alignment with evidence-based instructional
2933 and intervention strategies rooted in the science of reading and
2934 identified pursuant to s. 1001.215(7) and recommend changes to
2935 the State Board of Education. Recommended changes must address
2936 identification of the characteristics of conditions such as
2937 dyslexia, implementation of evidence-based classroom instruction
2938 and interventions, including evidence-based reading instruction
2939 and interventions specifically for students with characteristics
2940 of dyslexia, and effective progress monitoring. By July 1, 2023,
2941 each school district reading endorsement add-on program must be
2942 resubmitted for approval by the department consistent with this
2943 paragraph.
2944 Section 51. Paragraph (b) of subsection (5) of section
2945 1012.98, Florida Statutes, is amended to read:
2946 1012.98 School Community Professional Learning Act.—
2947 (5) The Department of Education, school districts, schools,
2948 Florida College System institutions, and state universities
2949 share the responsibilities described in this section. These
2950 responsibilities include the following:
2951 (b) Each school district shall develop a professional
2952 learning system as specified in subsection (4). The system shall
2953 be developed in consultation with teachers, teacher-educators of
2954 Florida College System institutions and state universities,
2955 business and community representatives, and local education
2956 foundations, consortia, and professional organizations. The
2957 professional learning system must:
2958 1. Be reviewed and approved by the department for
2959 compliance with s. 1003.42(3) and this section. Effective March
2960 1, 2024, the department shall establish a calendar for the
2961 review and approval of all professional learning systems. A
2962 professional learning system must be reviewed and approved every
2963 5 years. Any substantial revisions to the system must be
2964 submitted to the department for review and approval. The
2965 department shall establish a format for the review and approval
2966 of a professional learning system.
2967 2. Be based on analyses of student achievement data and
2968 instructional strategies and methods that support rigorous,
2969 relevant, and challenging curricula for all students. Schools
2970 and districts, in developing and refining the professional
2971 learning system, shall also review and monitor school discipline
2972 data; school environment surveys; assessments of parental
2973 satisfaction; performance appraisal data of teachers, managers,
2974 and administrative personnel; and other performance indicators
2975 to identify school and student needs that can be met by improved
2976 professional performance.
2977 3. Provide inservice activities coupled with follow-up
2978 followup support appropriate to accomplish district-level and
2979 school-level improvement goals and standards. The inservice
2980 activities for instructional and school administrative personnel
2981 shall focus on analysis of student achievement data; ongoing
2982 formal and informal assessments of student achievement;
2983 identification and use of enhanced and differentiated
2984 instructional strategies that emphasize rigor, relevance, and
2985 reading in the content areas; enhancement of subject content
2986 expertise; integrated use of classroom technology that enhances
2987 teaching and learning; classroom management; parent involvement;
2988 and school safety.
2989 4. Provide inservice activities and support targeted to the
2990 individual needs of new teachers participating in the
2991 professional learning certification and education competency
2992 program under s. 1012.56(8)(a).
2993 5. Include a professional learning catalog for inservice
2994 activities, pursuant to rules of the State Board of Education,
2995 for all district employees from all fund sources. The catalog
2996 must be updated annually by September 1, must be based on input
2997 from teachers and district and school instructional leaders, and
2998 must use the latest available student achievement data and
2999 research to enhance rigor and relevance in the classroom. Each
3000 district inservice catalog must be aligned to and support the
3001 school-based inservice catalog and school improvement plans
3002 pursuant to s. 1001.42(18). Each district inservice catalog must
3003 provide a description of the training that middle grades
3004 instructional personnel and school administrators receive on the
3005 district’s code of student conduct adopted pursuant to s.
3006 1006.07; integrated digital instruction and competency-based
3007 instruction and CAPE Digital Tool certificates and CAPE industry
3008 certifications; classroom management; student behavior and
3009 interaction; extended learning opportunities for students; and
3010 instructional leadership. District plans must be approved by the
3011 district school board annually in order to ensure compliance
3012 with subsection (1) and to allow for dissemination of research
3013 based best practices to other districts. District school boards
3014 shall submit verification of their approval to the Commissioner
3015 of Education no later than October 1, annually. Each school
3016 principal may establish and maintain an individual professional
3017 learning plan for each instructional employee assigned to the
3018 school as a seamless component to the school improvement plans
3019 developed pursuant to s. 1001.42(18). An individual professional
3020 learning plan must be related to specific performance data for
3021 the students to whom the teacher is assigned, define the
3022 inservice objectives and specific measurable improvements
3023 expected in student performance as a result of the inservice
3024 activity, and include an evaluation component that determines
3025 the effectiveness of the professional learning plan.
3026 6. Include inservice activities for school administrative
3027 personnel, aligned to the state’s educational leadership
3028 standards, which address updated skills necessary for
3029 instructional leadership and effective school management
3030 pursuant to s. 1012.986.
3031 7. Provide for systematic consultation with regional and
3032 state personnel designated to provide technical assistance and
3033 evaluation of local professional learning programs.
3034 8. Provide for delivery of professional learning by
3035 distance learning and other technology-based delivery systems to
3036 reach more educators at lower costs.
3037 9. Provide for the continuous evaluation of the quality and
3038 effectiveness of professional learning programs in order to
3039 eliminate ineffective programs and strategies and to expand
3040 effective ones. Evaluations must consider the impact of such
3041 activities on the performance of participating educators and
3042 their students’ achievement and behavior.
3043 10. For all grades, emphasize:
3044 a. Interdisciplinary planning, collaboration, and
3045 instruction.
3046 b. Alignment of curriculum and instructional materials to
3047 the state academic standards adopted pursuant to s. 1003.41.
3048 c. Use of small learning communities; problem-solving,
3049 inquiry-driven research and analytical approaches for students;
3050 strategies and tools based on student needs; competency-based
3051 instruction; integrated digital instruction; and project-based
3052 instruction.
3053
3054 Each school that includes any of grades 6, 7, or 8 shall include
3055 in its school improvement plan, required under s. 1001.42(18), a
3056 description of the specific strategies used by the school to
3057 implement each item listed in this subparagraph.
3058 11. Provide training to reading coaches, classroom
3059 teachers, and school administrators in effective methods of
3060 identifying characteristics of conditions such as dyslexia and
3061 other causes of diminished phonological processing skills;
3062 incorporating instructional techniques into the general
3063 education setting which are proven to improve reading
3064 performance for all students; and using predictive and other
3065 data to make instructional decisions based on individual student
3066 needs. The training must help teachers integrate phonemic
3067 awareness; phonics, word study, and spelling; reading fluency;
3068 vocabulary, including academic vocabulary; and text
3069 comprehension strategies into an explicit, systematic, and
3070 sequential approach to reading instruction, including
3071 multisensory intervention strategies. Such training for teaching
3072 foundational skills must be based on the science of reading and
3073 include phonics instruction for decoding and encoding as the
3074 primary instructional strategy for word reading. Instructional
3075 strategies included in the training may not employ the three
3076 cueing system model of reading or visual memory as a basis for
3077 teaching word reading. Such instructional strategies may include
3078 visual information and strategies which improve background and
3079 experiential knowledge, add context, and increase oral language
3080 and vocabulary to support comprehension, but may not be used to
3081 teach word reading. Each district must provide all elementary
3082 grades instructional personnel access to training sufficient to
3083 meet the requirements of s. 1012.585(3)(g) s. 1012.585(3)(f).
3084 Section 52. Except as otherwise expressly provided in this
3085 act and except for this section, which shall take effect upon
3086 becoming a law, this act shall take effect July 1, 2025.