Florida Senate - 2025 CS for SB 166
By the Committee on Fiscal Policy; and Senator Simon
594-02943-25 2025166c1
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. Such educational services may include the
1264 provision of STEM curricula, instructional materials, and
1265 related learning technologies that support academic achievement
1266 in science, technology, engineering, and mathematics in Title I
1267 schools, including, but not limited to, technologies related to
1268 drones, coding, animation, artificial intelligence,
1269 cybersecurity, data science, the engineering design process,
1270 mobile development, and robotics. Funds may be reserved under
1271 this subparagraph only to the extent that all required
1272 reservations under federal law have been met and that such
1273 reservation does not reduce school-level allocations below the
1274 levels required under federal law.
1275 (b) All remaining Title I funds shall be distributed to all
1276 eligible schools in accordance with federal law and regulation.
1277 An eligible school may use funds under this subsection to
1278 participate in discretionary educational services provided by
1279 the school district. Any funds provided by an eligible school to
1280 participate in discretionary educational services provided by
1281 the school district are not subject to the requirements of this
1282 subsection.
1283 (c) Any funds carried forward by the school district are
1284 not subject to the requirements of this subsection.
1285 (5) The Department of Education shall make funds from Title
1286 I, Title II, and Title III programs available to local education
1287 agencies for the full period of availability provided in federal
1288 law.
1289 Section 30. Paragraphs (c), (e), and (h) of subsection (2)
1290 of section 1011.71, Florida Statutes, are amended to read:
1291 1011.71 District school tax.—
1292 (2) In addition to the maximum millage levy as provided in
1293 subsection (1), each school board may levy not more than 1.5
1294 mills against the taxable value for school purposes for charter
1295 schools pursuant to s. 1013.62(1) and (3) and for district
1296 schools to fund:
1297 (c) The purchase, lease-purchase, or lease of school buses
1298 or other motor vehicles regularly used for the transportation of
1299 prekindergarten disability program and K-12 public school
1300 students to and from school or to and from school activities,
1301 and owned, operated, rented, contracted, or leased by any
1302 district school board.
1303 (e) Payments for educational plants, ancillary plants, and
1304 auxiliary facilities and sites due under a lease-purchase
1305 agreement entered into by a district school board pursuant to s.
1306 1003.02(1)(f) or s. 1013.15(2), not exceeding, in the aggregate,
1307 an amount equal to three-fourths of the proceeds from the
1308 millage levied by a district school board pursuant to this
1309 subsection. The three-fourths limit is waived for lease-purchase
1310 agreements entered into before June 30, 2009, by a district
1311 school board pursuant to this paragraph. If payments under
1312 lease-purchase agreements in the aggregate, including lease
1313 purchase agreements entered into before June 30, 2009, exceed
1314 three-fourths of the proceeds from the millage levied pursuant
1315 to this subsection, the district school board may not withhold
1316 the administrative fees authorized by s. 1002.33(20) from any
1317 charter school operating in the school district.
1318 (h) Payment of costs of leasing relocatable educational
1319 plants, ancillary plants, and auxiliary facilities, of renting
1320 or leasing educational plants, ancillary plants, and auxiliary
1321 facilities and sites pursuant to s. 1013.15(2), or of renting or
1322 leasing buildings or space within existing buildings pursuant to
1323 s. 1013.15(4).
1324 Section 31. Paragraph (c) of subsection (1) and paragraph
1325 (a) of subsection (3) of section 1012.22, Florida Statutes, are
1326 amended to read:
1327 1012.22 Public school personnel; powers and duties of the
1328 district school board.—The district school board shall:
1329 (1) Designate positions to be filled, prescribe
1330 qualifications for those positions, and provide for the
1331 appointment, compensation, promotion, suspension, and dismissal
1332 of employees as follows, subject to the requirements of this
1333 chapter:
1334 (c) Compensation and salary schedules.—
1335 1. Definitions.—As used in this paragraph:
1336 a. “Adjustment” means an addition to the base salary
1337 schedule that is not a bonus and becomes part of the employee’s
1338 permanent base salary and shall be considered compensation under
1339 s. 121.021(22).
1340 b. “Grandfathered salary schedule” means the salary
1341 schedule or schedules adopted by a district school board before
1342 July 1, 2014, pursuant to subparagraph 4.
1343 c. “Instructional personnel” means instructional personnel
1344 as defined in s. 1012.01(2)(a)-(d), excluding substitute
1345 teachers.
1346 d. “Performance salary schedule” means the salary schedule
1347 or schedules adopted by a district school board pursuant to
1348 subparagraph 5.
1349 e. “Salary schedule” means the schedule or schedules used
1350 to provide the base salary for district school board personnel.
1351 f. “School administrator” means a school administrator as
1352 defined in s. 1012.01(3)(c).
1353 g. “Supplement” means an annual addition to the base salary
1354 for the term of the negotiated supplement as long as the
1355 employee continues his or her employment for the purpose of the
1356 supplement. A supplement does not become part of the employee’s
1357 continuing base salary but shall be considered compensation
1358 under s. 121.021(22).
1359 2. Cost-of-living adjustment.—A district school board may
1360 provide a cost-of-living salary adjustment if the adjustment:
1361 a. Does not discriminate among comparable classes of
1362 employees based upon the salary schedule under which they are
1363 compensated.
1364 b. Does not exceed 50 percent of the annual adjustment
1365 provided to instructional personnel rated as effective.
1366 3. Advanced degrees.—A district school board may use
1367 advanced degrees in setting a salary schedule for instructional
1368 personnel or school administrators if the advanced degree is
1369 held in the individual’s area of certification, a field related
1370 to their teaching assignment, or a related field of study. For
1371 the purposes of the salary schedule, an advanced degree may
1372 include a master’s degree or higher in the area of certification
1373 or teaching assignment, or an advanced degree in another field
1374 with a minimum of 18 graduate semester hours related to the area
1375 of certification or teaching assignment.
1376 4. Grandfathered salary schedule.—
1377 a. The district school board shall adopt a salary schedule
1378 or salary schedules to be used as the basis for paying all
1379 school employees hired before July 1, 2014. Instructional
1380 personnel on annual contract as of July 1, 2014, shall be placed
1381 on the performance salary schedule adopted under subparagraph 4.
1382 5. Instructional personnel on continuing contract or
1383 professional service contract may opt into the performance
1384 salary schedule if the employee relinquishes such contract and
1385 agrees to be employed on an annual contract under s. 1012.335.
1386 Such an employee shall be placed on the performance salary
1387 schedule and may not return to continuing contract or
1388 professional service contract status. Any employee who opts into
1389 the performance salary schedule may not return to the
1390 grandfathered salary schedule.
1391 b. In determining the grandfathered salary schedule for
1392 instructional personnel, a district school board must base a
1393 portion of each employee’s compensation upon performance
1394 demonstrated under s. 1012.34 and shall provide differentiated
1395 pay for both instructional personnel and school administrators
1396 based upon district-determined factors, including, but not
1397 limited to, additional responsibilities, school demographics,
1398 critical shortage areas, and level of job performance
1399 difficulties.
1400 5. Performance salary schedule.—By July 1, 2014, the
1401 district school board shall adopt a performance salary schedule
1402 that provides annual salary adjustments for instructional
1403 personnel and school administrators based upon performance
1404 determined under s. 1012.34. Employees hired on or after July 1,
1405 2014, or employees who choose to move from the grandfathered
1406 salary schedule to the performance salary schedule shall be
1407 compensated pursuant to the performance salary schedule once
1408 they have received the appropriate performance evaluation for
1409 this purpose.
1410 a. Base salary.—The base salary shall be established as
1411 follows:
1412 (I) The base salary for instructional personnel or school
1413 administrators who opt into the performance salary schedule
1414 shall be the salary paid in the prior year, including
1415 adjustments only.
1416 (II) Instructional personnel or school administrators new
1417 to the district, returning to the district after a break in
1418 service without an authorized leave of absence, or appointed for
1419 the first time to a position in the district in the capacity of
1420 instructional personnel or school administrator shall be placed
1421 on the performance salary schedule.
1422 b. Salary adjustments.—Salary adjustments for highly
1423 effective or effective performance shall be established as
1424 follows:
1425 (I) The annual salary adjustment under the performance
1426 salary schedule for an employee rated as highly effective must
1427 be at least 25 percent greater than the highest annual salary
1428 adjustment available to an employee of the same classification
1429 through any other salary schedule adopted by the district.
1430 (II) The annual salary adjustment under the performance
1431 salary schedule for an employee rated as effective must be equal
1432 to at least 50 percent and no more than 75 percent of the annual
1433 adjustment provided for a highly effective employee of the same
1434 classification.
1435 (III) A salary schedule may shall not provide an annual
1436 salary adjustment for an employee who receives a rating other
1437 than highly effective or effective for the year.
1438 c. Salary supplements.—In addition to the salary
1439 adjustments, each district school board shall provide for salary
1440 supplements for activities that must include, but are not
1441 limited to:
1442 (I) Assignment to a Title I eligible school.
1443 (II) Assignment to a school that earned a grade of “F” or
1444 three consecutive grades of “D” pursuant to s. 1008.34 such that
1445 the supplement remains in force for at least 1 year following
1446 improved performance in that school.
1447 (III) Certification and teaching in critical teacher
1448 shortage areas. Statewide critical teacher shortage areas shall
1449 be identified by the State Board of Education under s. 1012.07.
1450 However, the district school board may identify other areas of
1451 critical shortage within the school district for purposes of
1452 this sub-sub-subparagraph and may remove areas identified by the
1453 state board which do not apply within the school district.
1454 (IV) Assignment of additional academic responsibilities.
1455
1456 If budget constraints in any given year limit a district school
1457 board’s ability to fully fund all adopted salary schedules, the
1458 performance salary schedule may shall not be reduced on the
1459 basis of total cost or the value of individual awards in a
1460 manner that is proportionally greater than reductions to any
1461 other salary schedules adopted by the district. Any compensation
1462 for longevity of service awarded to instructional personnel who
1463 are on any other salary schedule must be included in calculating
1464 the salary adjustments required by sub-subparagraph b.
1465 (3)(a) Collective bargaining.—Notwithstanding provisions of
1466 chapter 447 related to district school board collective
1467 bargaining, collective bargaining may not preclude a district
1468 school board from carrying out its constitutional and statutory
1469 duties related to the following:
1470 1. Providing incentives to effective and highly effective
1471 teachers.
1472 2. Implementing intervention and support strategies under
1473 s. 1008.33 to address the causes of low student performance and
1474 improve student academic performance and attendance.
1475 3. Implementing student discipline provisions required by
1476 law, including a review of a student’s abilities, past
1477 performance, behavior, and needs.
1478 4. Implementing school safety plans and requirements.
1479 5. Implementing staff and student recognition programs.
1480 6. Distributing correspondence to parents, teachers, and
1481 community members related to the daily operation of schools and
1482 the district.
1483 7. Providing any required notice or copies of information
1484 related to the district school board or district operations
1485 which is readily available on the school district’s website.
1486 8. The school district’s calendar.
1487 9. Providing salary supplements pursuant to sub-sub
1488 subparagraph (1)(c)5.c.(III).
1489 Section 32. Present paragraphs (b) and (c) of subsection
1490 (1) of section 1012.335, Florida Statutes, are redesignated as
1491 paragraphs (c) and (d), respectively, a new paragraph (b) is
1492 added to that subsection, paragraphs (d) and (e) are added to
1493 subsection (2) of that section, and subsections (3) and (4) of
1494 that section are amended, to read:
1495 1012.335 Contracts with instructional personnel hired on or
1496 after July 1, 2011.—
1497 (1) DEFINITIONS.—As used in this section, the term:
1498 (b) “Instructional multiyear contract,” beginning July 1,
1499 2026, means an employment contract for a period not to exceed 3
1500 years which the district school board may choose to award upon
1501 completion of a probationary contract and at least one annual
1502 contract.
1503 (2) EMPLOYMENT.—
1504 (d) An instructional multiyear contract may be awarded,
1505 beginning July 1, 2026, only if the employee:
1506 1. Holds an active professional certificate or temporary
1507 certificate issued pursuant to s. 1012.56 and rules of the State
1508 Board of Education;
1509 2. Has been recommended by the district school
1510 superintendent for the instructional multiyear contract based
1511 upon the individual’s evaluation under s. 1012.34 and approved
1512 by the district school board; and
1513 3. Has not received an annual performance evaluation rating
1514 of unsatisfactory or needs improvement under s. 1012.34.
1515 (e) An employee awarded an instructional multiyear contract
1516 who receives an annual performance evaluation rating of
1517 unsatisfactory or needs improvement under s. 1012.34 must be
1518 returned to an annual contract in the following school year.
1519 Such evaluation rating must be included with the evaluation
1520 ratings under subsequent annual contracts for determinations of
1521 just cause under s. 1012.33.
1522 (3) VIOLATION OF ANNUAL OR INSTRUCTIONAL MULTIYEAR
1523 CONTRACT.—Instructional personnel who accept a written offer
1524 from the district school board and who leave their positions
1525 without prior release from the district school board are subject
1526 to the jurisdiction of the Education Practices Commission.
1527 (4) SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON
1528 ANNUAL OR INSTRUCTIONAL MULTIYEAR CONTRACT.—Any instructional
1529 personnel with an annual or instructional multiyear contract may
1530 be suspended or dismissed at any time during the term of the
1531 contract for just cause as provided in subsection (5). The
1532 district school board shall notify the employee in writing
1533 whenever charges are made and may suspend such person without
1534 pay. However, if the charges are not sustained, the employee
1535 must shall be immediately reinstated and his or her back pay
1536 must shall be paid. If the employee wishes to contest the
1537 charges, he or she must, within 15 days after receipt of the
1538 written notice, submit a written request for a hearing to the
1539 district school board. A direct hearing must shall be conducted
1540 by the district school board or a subcommittee thereof within 60
1541 days after receipt of the written appeal. The hearing must shall
1542 be conducted in accordance with ss. 120.569 and 120.57. A
1543 majority vote of the membership of the district school board
1544 shall be required to sustain the district school
1545 superintendent’s recommendation. The district school board’s
1546 determination is final as to the sufficiency or insufficiency of
1547 the grounds for suspension without pay or dismissal. Any such
1548 decision adverse to the employee may be appealed by the employee
1549 pursuant to s. 120.68.
1550 Section 33. Paragraphs (a) and (b) of subsection (1) and
1551 paragraph (a) of subsection (3) of section 1012.34, Florida
1552 Statutes, are amended, and paragraph (c) is added to subsection
1553 (7) of that section, to read:
1554 1012.34 Personnel evaluation procedures and criteria.—
1555 (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
1556 (a) For the purpose of increasing student academic
1557 performance by improving the quality of instructional,
1558 administrative, and supervisory services in the public schools
1559 of this the state, the district school superintendent shall
1560 establish procedures for evaluating the performance of duties
1561 and responsibilities of all instructional, administrative, and
1562 supervisory personnel employed by the school district. The
1563 procedures and requirements in subsection (3) must be
1564 established by the district school superintendent and approved
1565 by the district school board, must set the standards of service
1566 to be offered to the public within the meaning of s. 447.209,
1567 and are not subject to collective bargaining. The district
1568 school superintendent shall provide instructional personnel the
1569 opportunity to review their class rosters for accuracy and to
1570 correct any mistakes. The district school superintendent shall
1571 report accurate class rosters for the purpose of calculating
1572 district and statewide student performance and annually report
1573 the evaluation results of instructional personnel and school
1574 administrators to the Department of Education in addition to the
1575 information required under subsection (5).
1576 (b) The district school superintendent shall submit the
1577 district instructional personnel and school administrator
1578 evaluation systems to the department whenever the evaluation
1579 systems in subsection (2) are amended department must approve
1580 each school district’s instructional personnel and school
1581 administrator evaluation systems. The department shall monitor
1582 each district’s implementation of its instructional personnel
1583 and school administrator evaluation systems for compliance with
1584 the requirements of this section.
1585 (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
1586 personnel and school administrator performance evaluations must
1587 be based upon the performance of students assigned to their
1588 classrooms or schools, as provided in this section. Pursuant to
1589 this section, a school district’s performance evaluation system
1590 is not limited to basing unsatisfactory performance of
1591 instructional personnel and school administrators solely upon
1592 student performance, but may include other criteria to evaluate
1593 instructional personnel and school administrators’ performance,
1594 or any combination of student performance and other criteria.
1595 Evaluation procedures and criteria must comply with, but are not
1596 limited to, the following:
1597 (a) A performance evaluation must be conducted for each
1598 employee at least once a year, except that a classroom teacher,
1599 as defined in s. 1012.01(2)(a), excluding substitute teachers,
1600 who is newly hired by the district school board must be observed
1601 and evaluated at least twice in the first year of teaching in
1602 the school district. The performance evaluation must be based
1603 upon sound educational principles and contemporary research in
1604 effective educational practices. The evaluation criteria must
1605 include:
1606 1. Performance of students.—At least one-half one-third of
1607 a performance evaluation must be based upon data and indicators
1608 of student performance, as determined by each school district.
1609 This portion of the evaluation must include growth or
1610 achievement data of the teacher’s students or, for a school
1611 administrator, the students attending the school over the course
1612 of at least 3 years. If less than 3 years of data are available,
1613 the years for which data are available must be used. The
1614 proportion of growth or achievement data may be determined by
1615 instructional assignment.
1616 2. Instructional practice.—For instructional personnel, at
1617 least one-third of the performance evaluation must be based upon
1618 instructional practice. Evaluation criteria used when annually
1619 observing classroom teachers, as defined in s. 1012.01(2)(a),
1620 excluding substitute teachers, must include indicators based
1621 upon each of the Florida Educator Accomplished Practices adopted
1622 by the State Board of Education. For instructional personnel who
1623 are not classroom teachers, evaluation criteria must be based
1624 upon indicators of the Florida Educator Accomplished Practices
1625 and may include specific job expectations related to student
1626 support. This section does not preclude a school administrator
1627 from visiting and observing classroom teachers throughout the
1628 school year for purposes of providing mentorship, training,
1629 instructional feedback, or professional learning.
1630 3. Instructional leadership.—For school administrators, at
1631 least one-third of the performance evaluation must be based on
1632 instructional leadership. Evaluation criteria for instructional
1633 leadership must include indicators based upon each of the
1634 leadership standards adopted by the State Board of Education
1635 under s. 1012.986, including performance measures related to the
1636 effectiveness of classroom teachers in the school, the
1637 administrator’s appropriate use of evaluation criteria and
1638 procedures, recruitment and retention of effective and highly
1639 effective classroom teachers, improvement in the percentage of
1640 instructional personnel evaluated at the highly effective or
1641 effective level, and other leadership practices that result in
1642 student learning growth. The system may include a means to give
1643 parents and instructional personnel an opportunity to provide
1644 input into the administrator’s performance evaluation.
1645 4. Other indicators of performance.—For instructional
1646 personnel and school administrators, the remainder of a
1647 performance evaluation may include, but is not limited to,
1648 professional and job responsibilities as recommended by the
1649 State Board of Education or identified by the district school
1650 board and, for instructional personnel, peer reviews,
1651 objectively reliable survey information from students and
1652 parents based on teaching practices that are consistently
1653 associated with higher student achievement, and other valid and
1654 reliable measures of instructional practice.
1655 (7) MEASUREMENT OF STUDENT PERFORMANCE.—
1656 (c) The measurement of student learning growth under
1657 paragraph (a) may not be the sole determinant for any incentive
1658 pay for instructional personnel or school administrators.
1659 Section 34. Paragraph (c) of subsection (1) of section
1660 1012.39, Florida Statutes, is amended to read:
1661 1012.39 Employment of substitute teachers, teachers of
1662 adult education, nondegreed teachers of career education, and
1663 career specialists; students performing clinical field
1664 experience.—
1665 (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
1666 1012.57, or any other provision of law or rule to the contrary,
1667 each district school board shall establish the minimal
1668 qualifications for:
1669 (c) Part-time and full-time nondegreed teachers of career
1670 programs. Qualifications must be established for nondegreed
1671 teachers of career and technical education courses for program
1672 clusters that are recognized in the state and are based
1673 primarily on successful occupational experience rather than
1674 academic training. The qualifications for such teachers must
1675 require:
1676 1. The filing of a complete set of fingerprints in the same
1677 manner as required by s. 1012.32. Faculty employed solely to
1678 conduct postsecondary instruction may be exempted from this
1679 requirement.
1680 2. Documentation of education and successful occupational
1681 experience, including documentation of:
1682 a. A high school diploma or the equivalent.
1683 b. Completion of a minimum level, established by the
1684 district school board, 3 years of full-time successful
1685 occupational experience or the equivalent of part-time
1686 experience in the teaching specialization area. The district
1687 school board may establish alternative qualifications for
1688 teachers with an industry certification in the career area in
1689 which they teach.
1690 c. For full-time teachers, completion of professional
1691 education training in teaching methods, course construction,
1692 lesson planning and evaluation, and teaching special needs
1693 students. This training may be completed through coursework from
1694 an accredited or approved institution or an approved district
1695 teacher education program, or the local school district
1696 inservice master plan.
1697 d. Documentation of industry certification when state or
1698 national industry certifications are available and applicable.
1699 Section 35. Paragraphs (a), (b), (d), and (e) of subsection
1700 (2) of section 1012.555, Florida Statutes, are amended to read:
1701 1012.555 Teacher Apprenticeship Program.—
1702 (2)(a) An individual must meet the following minimum
1703 eligibility requirements to participate in the apprenticeship
1704 program:
1705 1. Be enrolled in or have completed Have received an
1706 associate degree program at from an accredited postsecondary
1707 institution.
1708 2. Have earned a cumulative grade point average of 2.5 in
1709 that degree program.
1710 3. Have successfully passed a background screening as
1711 provided in s. 1012.32.
1712 4. Have received a temporary apprenticeship certificate as
1713 provided in s. 1012.56(7)(d).
1714 (b) As a condition of participating in the program, an
1715 apprentice teacher must commit to spending at least the first 2
1716 years in the classroom of a mentor teacher using team teaching
1717 strategies identified in s. 1003.03(4)(b) s. 1003.03(5)(b) and
1718 fulfilling the on-the-job training component of the registered
1719 apprenticeship and its associated standards.
1720 (d) An apprentice teacher must be appointed by the district
1721 school board or work in the district as an education
1722 paraprofessional and must be paid in accordance with s. 446.032
1723 and rules adopted by the State Board of Education.
1724 (e) An apprentice teacher may change schools or districts
1725 after the first year of his or her apprenticeship if the
1726 receiving hiring school or district has agreed to fund the
1727 remaining year of the apprenticeship.
1728 Section 36. Paragraph (g) of subsection (2), subsections
1729 (3) and (7), and paragraph (a) of subsection (8) of section
1730 1012.56, Florida Statutes, are amended to read:
1731 1012.56 Educator certification requirements.—
1732 (2) ELIGIBILITY CRITERIA.—To be eligible to seek
1733 certification, a person must:
1734 (g) Demonstrate mastery of general knowledge pursuant to
1735 subsection (3), if the person serves as a classroom teacher as
1736 defined in s. 1012.01(2)(a).
1737 (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
1738 demonstrating mastery of general knowledge are:
1739 (a) Achievement of passing scores on the general knowledge
1740 examination required by state board rule;
1741 (b) Documentation of a valid professional standard teaching
1742 certificate issued by another state;
1743 (c) Documentation of a valid certificate issued by the
1744 National Board for Professional Teaching Standards or a national
1745 educator credentialing board approved by the State Board of
1746 Education;
1747 (d) Documentation of two semesters of successful, full-time
1748 or part-time teaching in a Florida College System institution,
1749 state university, or private college or university that awards
1750 an associate or higher degree and is an accredited institution
1751 or an institution of higher education identified by the
1752 Department of Education as having a quality program;
1753 (e) Achievement of passing scores, identified in state
1754 board rule, on national or international examinations that test
1755 comparable content and relevant standards in verbal, analytical
1756 writing, and quantitative reasoning skills, including, but not
1757 limited to, the verbal, analytical writing, and quantitative
1758 reasoning portions of the Graduate Record Examination and the
1759 SAT, ACT, and Classic Learning Test. Passing scores identified
1760 in state board rule must be at approximately the same level of
1761 rigor as is required to pass the general knowledge examinations;
1762 or
1763 (f) Documentation of receipt of a master’s or higher degree
1764 from an accredited postsecondary educational institution that
1765 the Department of Education has identified as having a quality
1766 program resulting in a baccalaureate degree or higher.
1767
1768 A school district that employs an individual who does not
1769 achieve passing scores on any subtest of the general knowledge
1770 examination must provide information regarding the availability
1771 of state-level and district-level supports and instruction to
1772 assist him or her in achieving a passing score. Such information
1773 must include, but need not be limited to, state-level test
1774 information guides, school district test preparation resources,
1775 and preparation courses offered by state universities and
1776 Florida College System institutions. The requirement of mastery
1777 of general knowledge shall be waived for an individual who has
1778 been provided 3 years of supports and instruction and who has
1779 been rated effective or highly effective under s. 1012.34 for
1780 each of the last 3 years.
1781 (7) TYPES AND TERMS OF CERTIFICATION.—
1782 (a) The Department of Education shall issue a professional
1783 certificate for a period not to exceed 5 years to any applicant
1784 who fulfills one of the following:
1785 1. Meets all the applicable requirements outlined in
1786 subsection (2).
1787 2. For a professional certificate covering grades 6 through
1788 12:
1789 a. Meets the applicable requirements of paragraphs (2)(a)
1790 (h).
1791 b. Holds a master’s or higher degree in the area of
1792 science, technology, engineering, or mathematics.
1793 c. Teaches a high school course in the subject of the
1794 advanced degree.
1795 d. Is rated highly effective as determined by the teacher’s
1796 performance evaluation under s. 1012.34, based in part on
1797 student performance as measured by a statewide, standardized
1798 assessment or an Advanced Placement, Advanced International
1799 Certificate of Education, or International Baccalaureate
1800 examination.
1801 e. Achieves a passing score on the Florida professional
1802 education competency examination required by state board rule.
1803 3. Meets the applicable requirements of paragraphs (2)(a)
1804 (h) and completes a professional learning certification program
1805 approved by the department pursuant to paragraph (8)(c) or an
1806 educator preparation institute approved by the department
1807 pursuant to s. 1004.85. An applicant who completes one of these
1808 programs and is rated highly effective as determined by his or
1809 her performance evaluation under s. 1012.34 is not required to
1810 take or achieve a passing score on the professional education
1811 competency examination in order to be awarded a professional
1812 certificate.
1813 (b) The department shall issue a temporary certificate to
1814 any applicant who:
1815 1. Completes the requirements outlined in paragraphs
1816 (2)(a)-(f) and completes the subject area content requirements
1817 specified in state board rule or demonstrates mastery of subject
1818 area knowledge pursuant to subsection (5) and holds an
1819 accredited degree or a degree approved by the Department of
1820 Education at the level required for the subject area
1821 specialization in state board rule;
1822 2. For a subject area specialization for which the state
1823 board otherwise requires a bachelor’s degree, documents 48
1824 months of active-duty military service with an honorable
1825 discharge or a medical separation; completes the requirements
1826 outlined in paragraphs (2)(a), (b), and (d)-(f); completes the
1827 subject area content requirements specified in state board rule
1828 or demonstrates mastery of subject area knowledge pursuant to
1829 subsection (5); and documents completion of 60 college credits
1830 with a minimum cumulative grade point average of 2.5 on a 4.0
1831 scale, as provided by one or more accredited institutions of
1832 higher learning or a nonaccredited institution of higher
1833 learning identified by the Department of Education as having a
1834 quality program resulting in a bachelor’s degree or higher; or
1835 3. Is enrolled in a state-approved teacher preparation
1836 program under s. 1004.04; is actively completing the required
1837 program field experience or internship at a public school;
1838 completes the requirements outlined in paragraphs (2)(a), (b),
1839 and (d)-(f); completes the subject area content requirements
1840 specified in state board rule or demonstrates mastery of subject
1841 area knowledge pursuant to subsection (5); and documents
1842 completion of 60 college credits with a minimum cumulative grade
1843 point average of 2.5 on a 4.0 scale, as provided by one or more
1844 accredited institutions of higher learning or a nonaccredited
1845 institution of higher learning identified by the Department of
1846 Education as having a quality program resulting in a bachelor’s
1847 degree or higher.
1848 (c) The department shall issue one nonrenewable 2-year
1849 temporary certificate and one nonrenewable 5-year professional
1850 certificate to a qualified applicant who holds a bachelor’s
1851 degree in the area of speech-language impairment to allow for
1852 completion of a master’s degree program in speech-language
1853 impairment.
1854 (d) The department shall issue a temporary apprenticeship
1855 certificate to any applicant who:
1856 1. Meets the requirements of paragraphs (2)(a), (b), and
1857 (d)-(f).
1858 2. Completes the subject area content requirements
1859 specified in state board rule or demonstrates mastery of subject
1860 area knowledge as provided in subsection (5).
1861 (e) A person who is issued a temporary certificate under
1862 paragraph (b) must be assigned a teacher mentor for a minimum of
1863 2 school years after commencing employment. Each teacher mentor
1864 selected by the school district, charter school, or charter
1865 management organization must:
1866 1. Hold a valid professional certificate issued pursuant to
1867 this section;
1868 2. Have earned at least 3 years of teaching experience in
1869 prekindergarten through grade 12; and
1870 3. Have earned an effective or highly effective rating on
1871 the prior year’s performance evaluation under s. 1012.34.
1872 (f)1. A temporary certificate is valid for 5 school fiscal
1873 years, is limited to a one-time issuance, and is nonrenewable.
1874 2. A temporary apprenticeship certificate issued under
1875 paragraph (d) is valid for 5 school years, may be issued only
1876 once, and is nonrenewable.
1877 (g) A certificateholder may request that her or his
1878 certificate be placed in an inactive status. A certificate that
1879 has been inactive may be reactivated upon application to the
1880 department. The department shall prescribe, by rule,
1881 professional learning requirements as a condition of
1882 reactivating a certificate that has been inactive for more than
1883 1 year.
1884 (h) A school district or a regional education consortium
1885 may issue temporary certificates, based on the requirements in
1886 paragraph (b). School districts and regional education consortia
1887 must report the number of such certificates issued, and any
1888 additional information to the department, based on reporting
1889 requirements adopted by the State Board of Education.
1890
1891 At least 1 year before an individual’s department-issued
1892 temporary certificate is set to expire, the department shall
1893 electronically notify the individual of the date on which his or
1894 her certificate will expire and provide a list of each method by
1895 which the qualifications for a professional certificate can be
1896 completed.
1897 (8) PROFESSIONAL LEARNING CERTIFICATION PROGRAM.—
1898 (a) The Department of Education shall develop and each
1899 school district, charter school, and charter management
1900 organization may provide a cohesive competency-based
1901 professional learning certification program by which
1902 instructional staff may satisfy the mastery of professional
1903 preparation and education competence requirements specified in
1904 subsection (6) and rules of the State Board of Education.
1905 Participants must hold a state-issued temporary certificate. A
1906 school district, charter school, or charter management
1907 organization that implements the program shall provide a
1908 competency-based certification program developed by the
1909 Department of Education or developed by the district, charter
1910 school, or charter management organization and approved by the
1911 Department of Education. These entities may collaborate with
1912 other supporting agencies or educational entities for
1913 implementation. The program shall include the following:
1914 1. A teacher mentorship and induction component.
1915 a. Each individual selected by the district, charter
1916 school, or charter management organization as a mentor:
1917 (I) Must hold a valid professional certificate issued
1918 pursuant to this section;
1919 (II) Must have earned at least 3 years of teaching
1920 experience in prekindergarten through grade 12;
1921 (III) Must have completed training in clinical supervision
1922 and participate in ongoing mentor training provided through the
1923 coordinated system of professional learning under s. 1012.98(4);
1924 (IV) Must have earned an effective or highly effective
1925 rating on the prior year’s performance evaluation; and
1926 (V) May be a peer evaluator under the district’s evaluation
1927 system approved under s. 1012.34.
1928 b. The teacher mentorship and induction component must, at
1929 a minimum, provide routine opportunities for mentoring and
1930 induction activities, including ongoing professional learning as
1931 described in s. 1012.98 targeted to a teacher’s needs,
1932 opportunities for a teacher to observe other teachers, co
1933 teaching experiences, and reflection and follow-up followup
1934 discussions. Professional learning must meet the criteria
1935 established in s. 1012.98(3). Mentorship and induction
1936 activities must be provided for an applicant’s first year in the
1937 program and may be provided until the applicant attains his or
1938 her professional certificate in accordance with this section.
1939 2. An assessment of teaching performance aligned to the
1940 district’s, charter school’s, or charter management
1941 organization’s system for personnel evaluation under s. 1012.34
1942 which provides for:
1943 a. An initial evaluation of each educator’s competencies to
1944 determine an appropriate individualized professional learning
1945 plan.
1946 b. A summative evaluation to assure successful completion
1947 of the program.
1948 3. Professional education preparation content knowledge,
1949 which must be included in the mentoring and induction activities
1950 under subparagraph 1., that includes, but is not limited to, the
1951 following:
1952 a. The state academic standards provided under s. 1003.41,
1953 including scientifically researched and evidence-based reading
1954 instructional strategies grounded in the science of reading,
1955 content literacy, and mathematical practices, for each subject
1956 identified on the temporary certificate. Reading instructional
1957 strategies for foundational skills shall include phonics
1958 instruction for decoding and encoding as the primary
1959 instructional strategy for word reading. Instructional
1960 strategies may not employ the three-cueing system model of
1961 reading or visual memory as a basis for teaching word reading.
1962 Instructional strategies may include visual information and
1963 strategies which improve background and experiential knowledge,
1964 add context, and increase oral language and vocabulary to
1965 support comprehension, but may not be used to teach word
1966 reading.
1967 b. The educator-accomplished practices approved by the
1968 state board.
1969 4. Required achievement of passing scores on the subject
1970 area and professional education competency examination required
1971 by State Board of Education rule. Mastery of general knowledge
1972 must be demonstrated as described in subsection (3).
1973 5. Beginning with candidates entering a program in the
1974 2022-2023 school year, a candidate for certification in a
1975 coverage area identified pursuant to s. 1012.585(3)(g) s.
1976 1012.585(3)(f) must successfully complete all competencies for a
1977 reading endorsement, including completion of the endorsement
1978 practicum.
1979 Section 37. Paragraph (a) of subsection (2), subsection
1980 (3), and paragraph (b) of subsection (5) of section 1012.585,
1981 Florida Statutes, are amended to read:
1982 1012.585 Process for renewal of professional certificates.—
1983 (2)(a) All professional certificates, except a nonrenewable
1984 professional certificate, are shall be renewable for successive
1985 periods not to exceed 10 5 years after the date of submission of
1986 documentation of completion of the requirements for renewal
1987 provided in subsection (3). Only one renewal may be granted
1988 during each 5-year or 10-year validity period of a professional
1989 certificate.
1990 1. An applicant who is rated highly effective, pursuant to
1991 s. 1012.34, in the first 4 years of the 5-year validity period
1992 of his or her professional certificate is eligible for a
1993 professional certificate valid for 10 years. An applicant must
1994 be issued at least one 5-year professional certificate to be
1995 eligible for a 10-year professional certificate. An applicant
1996 who does not meet the requirement of this subparagraph is
1997 eligible only to renew his or her 5-year professional
1998 certificate.
1999 2. An applicant who is rated effective or highly effective,
2000 pursuant to s. 1012.34, for the first 9 years of the 10-year
2001 validity period of his or her professional certificate is
2002 eligible to renew a professional certificate valid for 10 years.
2003 An applicant issued a 10-year professional certificate who does
2004 not meet the requirement of this subparagraph is eligible only
2005 for renewal of a professional certificate valid for 5 years.
2006 (3) For the renewal of a professional certificate, the
2007 following requirements must be met:
2008 (a) The applicant must:
2009 1. Earn a minimum of 6 college credits or 120 inservice
2010 points or a combination thereof for a certificate valid for 5
2011 years. The district school board may reduce the requirements by
2012 1 college credit or 20 inservice points for an applicant rated
2013 highly effective, pursuant to s. 1012.34, in at least 3 of the 5
2014 years of the 5-year validity period of his or her initial
2015 professional certificate.
2016 2. Earn a minimum of 9 college credits or 180 inservice
2017 points or a combination thereof for a professional certificate
2018 valid for 10 years. A minimum of 5 college credits or 100
2019 inservice points or a combination thereof must be earned within
2020 the first 5 years of a professional certificate valid for 10
2021 years.
2022 (b) For each area of specialization to be retained on a
2023 certificate, the applicant must earn at least 3 of the required
2024 credit hours or equivalent inservice points in the
2025 specialization area. Education in “clinical educator” training
2026 pursuant to s. 1004.04(5)(b); participation in mentorship and
2027 induction activities, including as a mentor, pursuant to s.
2028 1012.56(8)(a); and credits or points that provide training in
2029 the area of scientifically researched, knowledge-based reading
2030 literacy grounded in the science of reading, including explicit,
2031 systematic, and sequential approaches to reading instruction,
2032 developing phonemic awareness, and implementing multisensory
2033 intervention strategies, and computational skills acquisition,
2034 exceptional student education, normal child development, and the
2035 disorders of development may be applied toward any
2036 specialization area. Credits or points that provide training in
2037 the areas of drug abuse, child abuse and neglect, strategies in
2038 teaching students having limited proficiency in English, or
2039 dropout prevention, or training in areas identified in the
2040 educational goals and performance standards adopted pursuant to
2041 ss. 1000.03(5) and 1008.345 may be applied toward any
2042 specialization area, except specialization areas identified by
2043 State Board of Education rule that include reading instruction
2044 or intervention for any students in kindergarten through grade
2045 6. Each district school board shall include in its inservice
2046 master plan the ability for teachers to receive inservice points
2047 for supporting students in extracurricular career and technical
2048 education activities, such as career and technical student
2049 organization activities outside of regular school hours and
2050 training related to supervising students participating in a
2051 career and technical student organization. Credits or points
2052 earned through approved summer institutes may be applied toward
2053 the fulfillment of these requirements. Inservice points may also
2054 be earned by participation in professional growth components
2055 approved by the State Board of Education and specified pursuant
2056 to s. 1012.98 in the district’s approved master plan for
2057 inservice educational training; however, such points may not be
2058 used to satisfy the specialization requirements of this
2059 paragraph.
2060 (c)(b) In lieu of college course credit or inservice
2061 points, the applicant may renew a subject area specialization by
2062 passage of a state board approved Florida-developed subject area
2063 examination or, if a Florida subject area examination has not
2064 been developed, a standardized examination specified in state
2065 board rule.
2066 (d)(c) If an applicant wishes to retain more than two
2067 specialization areas on the certificate, the applicant must
2068 shall be permitted two successive validity periods for renewal
2069 of all specialization areas, but must earn no fewer than 6
2070 college course credit hours or the equivalent inservice points
2071 in any one validity period.
2072 (e)(d) The State Board of Education shall adopt rules for
2073 the expanded use of training for renewal of the professional
2074 certificate for educators who are required to complete training
2075 in teaching students of limited English proficiency or students
2076 with disabilities and training in the teaching of reading as
2077 follows:
2078 1. A teacher who holds a professional certificate may use
2079 college credits or inservice points earned through training in
2080 teaching students of limited English proficiency or students
2081 with disabilities and training in the teaching of reading in
2082 excess of 6 semester hours during one certificate-validity
2083 period toward renewal of the professional certificate during the
2084 subsequent validity periods.
2085 2. A teacher who holds a temporary certificate may use
2086 college credits or inservice points earned through training in
2087 teaching students of limited English proficiency or students
2088 with disabilities and training in the teaching of reading toward
2089 renewal of the teacher’s first professional certificate. Such
2090 training must not have been included within the degree program,
2091 and the teacher’s temporary and professional certificates must
2092 be issued for consecutive school years.
2093 (f)(e) Beginning July 1, 2014, an applicant for renewal of
2094 a professional certificate must earn a minimum of one college
2095 credit or the equivalent inservice points in the area of
2096 instruction for teaching students with disabilities. The
2097 requirement in this paragraph may not add to the total hours
2098 required by the department for continuing education or inservice
2099 training.
2100 (g)(f) An applicant for renewal of a professional
2101 certificate in any area of certification identified by State
2102 Board of Education rule that includes reading instruction or
2103 intervention for any students in kindergarten through grade 6,
2104 with a beginning validity date of July 1, 2020, or thereafter,
2105 must earn a minimum of 2 college credits or the equivalent
2106 inservice points in evidence-based instruction and interventions
2107 grounded in the science of reading specifically designed for
2108 students with characteristics of dyslexia, including the use of
2109 explicit, systematic, and sequential approaches to reading
2110 instruction, developing phonological and phonemic awareness,
2111 decoding, and implementing multisensory intervention strategies.
2112 Such training must be provided by teacher preparation programs
2113 under s. 1004.04 or s. 1004.85 or approved school district
2114 professional learning systems under s. 1012.98. The requirements
2115 in this paragraph may not add to the total hours required by the
2116 department for continuing education or inservice training.
2117 (h)(g) An applicant for renewal of a professional
2118 certificate in educational leadership from a Level I program
2119 under s. 1012.562(2) or Level II program under s. 1012.562(3),
2120 with a beginning validity date of July 1, 2025, or thereafter,
2121 must earn a minimum of 1 college credit or 20 inservice points
2122 in Florida’s educational leadership standards, as established in
2123 rule by the State Board of Education. The requirement in this
2124 paragraph may not add to the total hours required by the
2125 department for continuing education or inservice training.
2126 (i)(h) A teacher may earn inservice points only once during
2127 each 5-year validity period for any mandatory training topic
2128 that is not linked to student learning or professional growth.
2129 (5) The State Board of Education shall adopt rules to allow
2130 the reinstatement of expired professional certificates. The
2131 department may reinstate an expired professional certificate if
2132 the certificateholder:
2133 (b) Documents completion of 6 college credits during the 5
2134 years immediately preceding reinstatement of the expired
2135 certificate, completion of 120 inservice points, or a
2136 combination thereof, in an area specified in paragraph (3)(b)
2137 (3)(a) to include the credit required under paragraph (3)(f)
2138 (3)(e).
2139
2140 The requirements of this subsection may not be satisfied by
2141 subject area examinations or college credits completed for
2142 issuance of the certificate that has expired.
2143 Section 38. Section 1013.19, Florida Statutes, is amended
2144 to read:
2145 1013.19 Purchase, conveyance, or encumbrance of property
2146 interests above surface of land; joint-occupancy structures.—For
2147 the purpose of implementing jointly financed construction
2148 project agreements, or for the construction of combined
2149 occupancy structures, any board may purchase, own, convey, sell,
2150 lease, or encumber airspace or any other interests in property
2151 above the surface of the land, provided the lease of airspace
2152 for nonpublic use is for such reasonable rent, length of term,
2153 and conditions as the board in its discretion may determine. All
2154 proceeds from such sale or lease shall be used by a the board of
2155 trustees for a Florida College System institution or state
2156 university or boards receiving the proceeds solely for fixed
2157 capital outlay purposes. These purposes may include the
2158 renovation or remodeling of existing facilities owned by the
2159 board or the construction of new facilities; however, for a
2160 Florida College System institution board or university board,
2161 such new facility must be authorized by the Legislature. It is
2162 declared that the use of such rental by the board for public
2163 purposes in accordance with its statutory authority is a public
2164 use. Airspace or any other interest in property held by the
2165 Board of Trustees of the Internal Improvement Trust Fund or the
2166 State Board of Education may not be divested or conveyed without
2167 approval of the respective board. Any building, including any
2168 building or facility component that is common to both nonpublic
2169 and educational portions thereof, constructed in airspace that
2170 is sold or leased for nonpublic use pursuant to this section is
2171 subject to all applicable state, county, and municipal
2172 regulations pertaining to land use, zoning, construction of
2173 buildings, fire protection, health, and safety to the same
2174 extent and in the same manner as such regulations would be
2175 applicable to the construction of a building for nonpublic use
2176 on the appurtenant land beneath the subject airspace. Any
2177 educational facility constructed or leased as a part of a joint
2178 occupancy facility is subject to all rules and requirements of
2179 the respective boards or departments having jurisdiction over
2180 educational facilities. Any contract executed by a university
2181 board of trustees pursuant to this section is subject to the
2182 provisions of s. 1010.62.
2183 Section 39. Section 1013.35, Florida Statutes, is amended
2184 to read:
2185 1013.35 School district educational facilities plan;
2186 definitions; preparation, adoption, and amendment; long-term
2187 work programs.—
2188 (1) DEFINITIONS.—As used in this section, the term:
2189 (a) “Adopted educational facilities plan” means the
2190 comprehensive planning document that is adopted annually by the
2191 district school board as provided in subsection (2) and that
2192 contains the educational plant survey.
2193 (b) “District facilities work program” means the 5-year
2194 listing of capital outlay projects adopted by the district
2195 school board as provided in subparagraph (2)(a)2. and paragraph
2196 (2)(b) as part of the district educational facilities plan,
2197 which is required in order to:
2198 1. Properly maintain the educational plant and ancillary
2199 facilities of the district.
2200 2. Provide an adequate number of satisfactory student
2201 stations for the projected student enrollment of the district in
2202 K-12 programs.
2203 (c) “Tentative educational facilities plan” means the
2204 comprehensive planning document prepared annually by the
2205 district school board and submitted to the Office of Educational
2206 Facilities and the affected general-purpose local governments.
2207 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
2208 FACILITIES PLAN.—
2209 (a) Annually, before prior to the adoption of the district
2210 school budget, each district school board shall prepare a
2211 tentative district educational facilities plan that includes
2212 long-range planning for facilities needs over 5-year, 10-year,
2213 and 20-year periods. The plan must be developed in coordination
2214 with the general-purpose local governments and be consistent
2215 with the local government comprehensive plans. The school
2216 board’s plan for provision of new schools must meet the needs of
2217 all growing communities in the district, ranging from small
2218 rural communities to large urban cities. The plan must include:
2219 1. Projected student populations apportioned geographically
2220 at the local level. The projections must be based on information
2221 produced by the demographic, revenue, and education estimating
2222 conferences pursuant to s. 216.136, where available, as modified
2223 by the district based on development data and agreement with the
2224 local governments and the Office of Educational Facilities. The
2225 projections must be apportioned geographically with assistance
2226 from the local governments using local development trend data
2227 and the school district student enrollment data.
2228 2. An inventory of existing school facilities. Any
2229 anticipated expansions or closures of existing school sites over
2230 the 5-year, 10-year, and 20-year periods must be identified. The
2231 inventory must include an assessment of areas proximate to
2232 existing schools and identification of the need for improvements
2233 to infrastructure, safety, including safe access routes, and
2234 conditions in the community. The plan must also provide a
2235 listing of major repairs and renovation projects anticipated
2236 over the period of the plan.
2237 3. Projections of facilities space needs, which may not
2238 exceed the norm space and occupant design criteria established
2239 in the State Requirements for Educational Facilities.
2240 4. Information on leased, loaned, and donated space and
2241 relocatables used for conducting the district’s instructional
2242 programs.
2243 5. The general location of public schools proposed to be
2244 constructed over the 5-year, 10-year, and 20-year time periods,
2245 including a listing of the proposed schools’ site acreage needs
2246 and anticipated capacity and maps showing the general locations.
2247 The school board’s identification of general locations of future
2248 school sites must be based on the school siting requirements of
2249 s. 163.3177(6)(a) and policies in the comprehensive plan which
2250 provide guidance for appropriate locations for school sites.
2251 6. The identification of options deemed reasonable and
2252 approved by the school board which reduce the need for
2253 additional permanent student stations. Such options may include,
2254 but need not be limited to:
2255 a. Acceptable capacity;
2256 b. Redistricting;
2257 c. Busing;
2258 d. Year-round schools;
2259 e. Charter schools;
2260 f. Magnet schools; and
2261 g. Public-private partnerships.
2262 7. The criteria and method, jointly determined by the local
2263 government and the school board, for determining the impact of
2264 proposed development to public school capacity.
2265 (b) The plan must also include a financially feasible
2266 district facilities work program for a 5-year period. The work
2267 program must include:
2268 1. A schedule of major repair and renovation projects
2269 necessary to maintain the educational facilities and ancillary
2270 facilities of the district.
2271 2. A schedule of capital outlay projects necessary to
2272 ensure the availability of satisfactory student stations for the
2273 projected student enrollment in K-12 programs. This schedule
2274 shall consider:
2275 a. The locations, capacities, and planned utilization rates
2276 of current educational facilities of the district. The capacity
2277 of existing satisfactory facilities, as reported in the Florida
2278 Inventory of School Houses must be compared to the capital
2279 outlay full-time-equivalent student enrollment as determined by
2280 the department, including all enrollment used in the calculation
2281 of the distribution formula in s. 1013.64.
2282 b. The proposed locations of planned facilities, whether
2283 those locations are consistent with the comprehensive plans of
2284 all affected local governments, and recommendations for
2285 infrastructure and other improvements to land adjacent to
2286 existing facilities. The provisions of ss. 1013.33(6), (7), and
2287 (8) and 1013.36 must be addressed for new facilities planned
2288 within the first 3 years of the work plan, as appropriate.
2289 c. Plans for the use and location of relocatable
2290 facilities, leased facilities, and charter school facilities.
2291 d. Plans for multitrack scheduling, grade level
2292 organization, block scheduling, or other alternatives that
2293 reduce the need for additional permanent student stations.
2294 e. Information concerning average class size and
2295 utilization rate by grade level within the district which will
2296 result if the tentative district facilities work program is
2297 fully implemented.
2298 f. The number and percentage of district students planned
2299 to be educated in relocatable facilities during each year of the
2300 tentative district facilities work program. For determining
2301 future needs, student capacity may not be assigned to any
2302 relocatable classroom that is scheduled for elimination or
2303 replacement with a permanent educational facility in the current
2304 year of the adopted district educational facilities plan and in
2305 the district facilities work program adopted under this section.
2306 Those relocatable classrooms clearly identified and scheduled
2307 for replacement in a school-board-adopted, financially feasible,
2308 5-year district facilities work program shall be counted at zero
2309 capacity at the time the work program is adopted and approved by
2310 the school board. However, if the district facilities work
2311 program is changed and the relocatable classrooms are not
2312 replaced as scheduled in the work program, the classrooms must
2313 be reentered into the system and be counted at actual capacity.
2314 Relocatable classrooms may not be perpetually added to the work
2315 program or continually extended for purposes of circumventing
2316 this section. All relocatable classrooms not identified and
2317 scheduled for replacement, including those owned, lease
2318 purchased, or leased by the school district, must be counted at
2319 actual student capacity. The district educational facilities
2320 plan must identify the number of relocatable student stations
2321 scheduled for replacement during the 5-year survey period and
2322 the total dollar amount needed for that replacement.
2323 g. Plans for the closure of any school, including plans for
2324 disposition of the facility or usage of facility space, and
2325 anticipated revenues.
2326 h. Projects for which capital outlay and debt service funds
2327 accruing under s. 9(d), Art. XII of the State Constitution are
2328 to be used shall be identified separately in priority order on a
2329 project priority list within the district facilities work
2330 program.
2331 3. The projected cost for each project identified in the
2332 district facilities work program. For proposed projects for new
2333 student stations, a schedule shall be prepared comparing the
2334 planned cost and square footage for each new student station, by
2335 elementary, middle, and high school levels, to the low, average,
2336 and high cost of facilities constructed throughout the state
2337 during the most recent fiscal year for which data is available
2338 from the Department of Education.
2339 4. A schedule of estimated capital outlay revenues from
2340 each currently approved source which is estimated to be
2341 available for expenditure on the projects included in the
2342 district facilities work program.
2343 5. A schedule indicating which projects included in the
2344 district facilities work program will be funded from current
2345 revenues projected in subparagraph 4.
2346 6. A schedule of options for the generation of additional
2347 revenues by the district for expenditure on projects identified
2348 in the district facilities work program which are not funded
2349 under subparagraph 5. Additional anticipated revenues may
2350 include Classrooms First funds.
2351 (c) To the extent available, the tentative district
2352 educational facilities plan shall be based on information
2353 produced by the demographic, revenue, and education estimating
2354 conferences pursuant to s. 216.136.
2355 (2)(d) Provision must shall be made for public comment
2356 concerning the tentative district educational facilities plan.
2357 (e) The district school board shall coordinate with each
2358 affected local government to ensure consistency between the
2359 tentative district educational facilities plan and the local
2360 government comprehensive plans of the affected local governments
2361 during the development of the tentative district educational
2362 facilities plan.
2363 (3)(f) Not less than once every 5 years, the district
2364 school board shall have an audit conducted of the district’s
2365 educational planning and construction activities. An operational
2366 audit conducted by the Auditor General pursuant to s. 11.45
2367 satisfies this requirement.
2368 (4)(3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
2369 FACILITIES PLAN TO LOCAL GOVERNMENT.—The district school board
2370 shall submit a copy of its tentative district educational
2371 facilities plan to all affected local governments before prior
2372 to adoption by the board. The affected local governments may
2373 shall review the tentative district educational facilities plan
2374 and comment to the district school board on the consistency of
2375 the plan with the local comprehensive plan, whether a
2376 comprehensive plan amendment will be necessary for any proposed
2377 educational facility, and whether the local government supports
2378 a necessary comprehensive plan amendment. If the local
2379 government does not support a comprehensive plan amendment for a
2380 proposed educational facility, the matter must shall be resolved
2381 pursuant to the interlocal agreement when required by ss.
2382 163.3177(6)(h), 163.31777, and 1013.33(2). The process for the
2383 submittal and review must shall be detailed in the interlocal
2384 agreement when required pursuant to ss. 163.3177(6)(h),
2385 163.31777, and 1013.33(2).
2386 (5)(4) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN.
2387 Annually, the district school board shall consider and adopt the
2388 tentative district educational facilities plan completed
2389 pursuant to subsection (2). Upon giving proper notice to the
2390 public and local governments and opportunity for public comment,
2391 the district school board may amend the plan to revise the
2392 priority of projects, to add or delete projects, to reflect the
2393 impact of change orders, or to reflect the approval of new
2394 revenue sources which may become available. The adopted district
2395 educational facilities plan must shall:
2396 (a) Be a complete, balanced, and financially feasible
2397 capital outlay financial plan for the district.
2398 (b) Set forth the proposed commitments and planned
2399 expenditures of the district to address the educational
2400 facilities needs of its students and to adequately provide for
2401 the maintenance of the educational plant and ancillary
2402 facilities, including safe access ways from neighborhoods to
2403 schools.
2404 (6)(5) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL FACILITIES
2405 PLAN.—The first year of the adopted district educational
2406 facilities plan constitutes shall constitute the capital outlay
2407 budget required in s. 1013.61. The adopted district educational
2408 facilities plan shall include the information required in
2409 subparagraphs (2)(b)1., 2., and 3., based upon projects actually
2410 funded in the plan.
2411 Section 40. Subsections (3) and (4) of section 1013.41,
2412 Florida Statutes, are amended to read:
2413 1013.41 SMART schools; Classrooms First; legislative
2414 purpose.—
2415 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.—It is the
2416 purpose of the Legislature to create s. 1013.35, requiring each
2417 school district annually to adopt an educational facilities plan
2418 that provides an integrated long-range facilities plan,
2419 including the survey of projected needs and the 5-year work
2420 program. The purpose of the educational facilities plan is to
2421 keep the district school board, local governments, and the
2422 public fully informed as to whether the district is using sound
2423 policies and practices that meet the essential needs of students
2424 and that warrant public confidence in district operations. The
2425 educational facilities plan will be monitored by the Office of
2426 Educational Facilities, which will also apply performance
2427 standards pursuant to s. 1013.04.
2428 (4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of
2429 the Legislature to require the Office of Educational Facilities
2430 to assist school districts in building SMART schools utilizing
2431 functional and frugal practices. The Office of Educational
2432 Facilities shall must review district facilities work programs
2433 and projects and identify opportunities to maximize design and
2434 construction savings; develop school district facilities work
2435 program performance standards; and provide for review and
2436 recommendations to the Governor, the Legislature, and the State
2437 Board of Education.
2438 Section 41. Subsection (4) of section 1013.45, Florida
2439 Statutes, is amended to read:
2440 1013.45 Educational facilities contracting and construction
2441 techniques for school districts and Florida College System
2442 institutions.—
2443 (4) Except as otherwise provided in this section and s.
2444 481.229, the services of a registered architect must be used by
2445 Florida College System institution and state university boards
2446 of trustees for the development of plans for the erection,
2447 enlargement, or alteration of any educational facility. The
2448 services of a registered architect are not required for a minor
2449 renovation project for which the construction cost is less than
2450 $50,000 or for the placement or hookup of relocatable
2451 educational facilities that conform to standards adopted under
2452 s. 1013.37. However, boards must provide compliance with
2453 building code requirements and ensure that these structures are
2454 adequately anchored for wind resistance as required by law. A
2455 district school board shall reuse existing construction
2456 documents or design criteria packages if such reuse is feasible
2457 and practical. If a school district’s 5-year educational
2458 facilities work plan includes the construction of two or more
2459 new schools for students in the same grade group and program,
2460 such as elementary, middle, or high school, the district school
2461 board must require that prototype design and construction be
2462 used for the construction of these schools. Notwithstanding s.
2463 287.055, a board may purchase the architectural services for the
2464 design of educational or ancillary facilities under an existing
2465 contract agreement for professional services held by a district
2466 school board in the State of Florida, provided that the purchase
2467 is to the economic advantage of the purchasing board, the
2468 services conform to the standards prescribed by rules of the
2469 State Board of Education, and such reuse is not without notice
2470 to, and permission from, the architect of record whose plans or
2471 design criteria are being reused. Plans must be reviewed for
2472 compliance with the State Requirements for Educational
2473 Facilities. Rules adopted under this section must establish
2474 uniform prequalification, selection, bidding, and negotiation
2475 procedures applicable to construction management contracts and
2476 the design-build process. This section does not supersede any
2477 small, woman-owned, or minority-owned business enterprise
2478 preference program adopted by a board. Except as otherwise
2479 provided in this section, the negotiation procedures applicable
2480 to construction management contracts and the design-build
2481 process must conform to the requirements of s. 287.055. A board
2482 may not modify any rules regarding construction management
2483 contracts or the design-build process.
2484 Section 42. Section 1013.451, Florida Statutes, is
2485 repealed.
2486 Section 43. Paragraph (a) of subsection (3) of section
2487 1013.62, Florida Statutes, is amended to read:
2488 1013.62 Charter schools capital outlay funding.—
2489 (3) If the school board levies the discretionary millage
2490 authorized in s. 1011.71(2), the department shall use the
2491 following calculation methodology to determine the amount of
2492 revenue that a school district must distribute to each eligible
2493 charter school:
2494 (a) Reduce the total discretionary millage revenue by the
2495 school district’s annual debt service obligation incurred as of
2496 March 1, 2017, which has not been subsequently retired, and any
2497 amount of participation requirement pursuant to s.
2498 1013.64(2)(a)7. s. 1013.64(2)(a)8. that is being satisfied by
2499 revenues raised by the discretionary millage.
2500
2501 By October 1 of each year, each school district shall certify to
2502 the department the amount of debt service and participation
2503 requirement that complies with the requirement of paragraph (a)
2504 and can be reduced from the total discretionary millage revenue.
2505 The Auditor General shall verify compliance with the
2506 requirements of paragraph (a) and s. 1011.71(2)(e) during
2507 scheduled operational audits of school districts.
2508 Section 44. Paragraph (e) of subsection (1), paragraph (a)
2509 of subsection (2), paragraph (d) of subsection (3), paragraph
2510 (b) of subsection (5), and paragraphs (b) through (e) of
2511 subsection (6) of section 1013.64, Florida Statutes, are amended
2512 to read:
2513 1013.64 Funds for comprehensive educational plant needs;
2514 construction cost maximums for school district capital
2515 projects.—Allocations from the Public Education Capital Outlay
2516 and Debt Service Trust Fund to the various boards for capital
2517 outlay projects shall be determined as follows:
2518 (1)
2519 (e) Remodeling projects must shall be based on the
2520 recommendations of a survey pursuant to s. 1013.31, or, for
2521 district school boards, as indicated by the relative need as
2522 determined by the Florida Inventory of School Houses and the
2523 capital outlay full-time equivalent enrollment in the district.
2524 (2)(a) The department shall establish, as a part of the
2525 Public Education Capital Outlay and Debt Service Trust Fund, a
2526 separate account, in an amount determined by the Legislature, to
2527 be known as the “Special Facility Construction Account.” The
2528 Special Facility Construction Account shall be used to provide
2529 necessary construction funds to school districts which have
2530 urgent construction needs but which lack sufficient resources at
2531 present, and cannot reasonably anticipate sufficient resources
2532 within the period of the next 3 years, for these purposes from
2533 currently authorized sources of capital outlay revenue. A school
2534 district requesting funding from the Special Facility
2535 Construction Account shall submit one specific construction
2536 project, not to exceed one complete educational plant, to the
2537 Special Facility Construction Committee. A district may not
2538 receive funding for more than one approved project in any 3-year
2539 period or while any portion of the district’s participation
2540 requirement is outstanding. The first year of the 3-year period
2541 shall be the first year a district receives an appropriation.
2542 The department shall encourage a construction program that
2543 reduces the average size of schools in the district. The request
2544 must meet the following criteria to be considered by the
2545 committee:
2546 1. The project must be deemed a critical need and must be
2547 recommended for funding by the Special Facility Construction
2548 Committee. Before developing construction plans for the proposed
2549 facility, the district school board must request a
2550 preapplication review by the Special Facility Construction
2551 Committee or a project review subcommittee convened by the chair
2552 of the committee to include two representatives of the
2553 department and two staff members from school districts not
2554 eligible to participate in the program. A school district may
2555 request a preapplication review at any time; however, if the
2556 district school board seeks inclusion in the department’s next
2557 annual capital outlay legislative budget request, the
2558 preapplication review request must be made before February 1.
2559 Within 90 days after receiving the preapplication review
2560 request, the committee or subcommittee must meet in the school
2561 district to review the project proposal and existing facilities.
2562 To determine whether the proposed project is a critical need,
2563 the committee or subcommittee shall consider, at a minimum, the
2564 capacity of all existing facilities within the district as
2565 determined by the Florida Inventory of School Houses; the
2566 district’s pattern of student growth; the district’s existing
2567 and projected capital outlay full-time equivalent student
2568 enrollment as determined by the demographic, revenue, and
2569 education estimating conferences established in s. 216.136; the
2570 district’s existing satisfactory student stations; the use of
2571 all existing district property and facilities; grade level
2572 configurations; and any other information that may affect the
2573 need for the proposed project.
2574 2. The construction project must be recommended in the
2575 most recent survey or survey amendment cooperatively prepared by
2576 the district school board and the department, and approved by
2577 the department under the rules of the State Board of Education.
2578 If a district school board employs a consultant in the
2579 preparation of a survey or survey amendment, the consultant may
2580 not be employed by or receive compensation from a third party
2581 that designs or constructs a project recommended by the survey.
2582 3. The construction project must appear on the district’s
2583 approved project priority list under the rules of the State
2584 Board of Education.
2585 4. The district must have selected and had approved a site
2586 for the construction project in compliance with s. 1013.36 and
2587 the rules of the State Board of Education.
2588 5. The district shall have developed a district school
2589 board adopted list of facilities that do not exceed the norm for
2590 net square feet occupancy requirements under the State
2591 Requirements for Educational Facilities, using all possible
2592 programmatic combinations for multiple use of space to obtain
2593 maximum daily use of all spaces within the facility under
2594 consideration.
2595 6. Upon construction, the total cost per student station,
2596 including change orders, must not exceed the cost per student
2597 station as provided in subsection (6) unless approved by the
2598 Special Facility Construction Committee. At the discretion of
2599 the committee, costs that exceed the cost per student station
2600 for special facilities may include legal and administrative
2601 fees, the cost of site improvements or related offsite
2602 improvements, the cost of complying with public shelter and
2603 hurricane hardening requirements, cost overruns created by a
2604 disaster as defined in s. 252.34(2), costs of security
2605 enhancements approved by the school safety specialist, and
2606 unforeseeable circumstances beyond the district’s control.
2607 7. There shall be an agreement signed by the district
2608 school board stating that it will advertise for bids within 30
2609 days of receipt of its encumbrance authorization from the
2610 department.
2611 7.8. For construction projects for which Special Facilities
2612 Construction Account funding is sought before the 2019-2020
2613 fiscal year, the district shall, at the time of the request and
2614 for a continuing period necessary to meet the district’s
2615 participation requirement, levy the maximum millage against its
2616 nonexempt assessed property value as allowed in s. 1011.71(2) or
2617 shall raise an equivalent amount of revenue from the school
2618 capital outlay surtax authorized under s. 212.055(6). Beginning
2619 with construction projects for which Special Facilities
2620 Construction Account funding is sought in the 2019-2020 fiscal
2621 year, the district shall, for a minimum of 3 years before
2622 submitting the request and for a continuing period necessary to
2623 meet its participation requirement, levy the maximum millage
2624 against the district’s nonexempt assessed property value as
2625 authorized under s. 1011.71(2) or shall raise an equivalent
2626 amount of revenue from the school capital outlay surtax
2627 authorized under s. 212.055(6). Any district with a new or
2628 active project, funded under the provisions of this subsection,
2629 shall be required to budget no more than the value of 1 mill per
2630 year to the project until the district’s participation
2631 requirement relating to the local discretionary capital
2632 improvement millage or the equivalent amount of revenue from the
2633 school capital outlay surtax is satisfied.
2634 8.9. If a contract has not been signed 90 days after the
2635 advertising of bids, the funding for the specific project shall
2636 revert to the Special Facility New Construction Account to be
2637 reallocated to other projects on the list. However, an
2638 additional 90 days may be granted by the commissioner.
2639 9.10. The department shall certify the inability of the
2640 district to fund the survey-recommended project over a
2641 continuous 3-year period using projected capital outlay revenue
2642 derived from s. 9(d), Art. XII of the State Constitution, as
2643 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
2644 10.11. The district shall have on file with the department
2645 an adopted resolution acknowledging its commitment to satisfy
2646 its participation requirement, which is equivalent to all
2647 unencumbered and future revenue acquired from s. 9(d), Art. XII
2648 of the State Constitution, as amended, paragraph (3)(a) of this
2649 section, and s. 1011.71(2), in the year of the initial
2650 appropriation and for the 2 years immediately following the
2651 initial appropriation.
2652 11.12. Phase I plans must be approved by the district
2653 school board as being in compliance with the building and life
2654 safety codes before June 1 of the year the application is made.
2655 (3)
2656 (d) Funds accruing to a district school board from the
2657 provisions of this section shall be expended on needed projects
2658 as shown by survey or surveys under the rules of the State Board
2659 of Education.
2660 (5) District school boards shall identify each fund source
2661 and the use of each proportionate to the project cost, as
2662 identified in the bid document, to assure compliance with this
2663 section. The data shall be submitted to the department, which
2664 shall track this information as submitted by the boards. PECO
2665 funds shall not be expended as indicated in the following:
2666 (b) PECO funds shall not be used for the construction of
2667 football fields, bleachers, site lighting for athletic
2668 facilities, tennis courts, stadiums, racquetball courts, or any
2669 other competition-type facilities not required for physical
2670 education curriculum. Regional or intradistrict football
2671 stadiums may be constructed with these funds provided a minimum
2672 of two high schools and two middle schools are assigned to the
2673 facility and the stadiums are survey recommended. Sophisticated
2674 auditoria shall be limited to magnet performing arts schools,
2675 with all other schools using basic lighting and sound systems as
2676 determined by rule. Local funds shall be used for enhancement of
2677 athletic and performing arts facilities.
2678 (6)
2679 (b)1. A district school board may not use funds from the
2680 following sources: Public Education Capital Outlay and Debt
2681 Service Trust Fund; School District and Community College
2682 District Capital Outlay and Debt Service Trust Fund; Classrooms
2683 First Program funds provided in s. 1013.68; nonvoted 1.5-mill
2684 levy of ad valorem property taxes provided in s. 1011.71(2);
2685 Classrooms for Kids Program funds provided in s. 1013.735;
2686 District Effort Recognition Program funds provided in s.
2687 1013.736; or High Growth District Capital Outlay Assistance
2688 Grant Program funds provided in s. 1013.738 to pay for any
2689 portion of the cost of any new construction of educational plant
2690 space with a total cost per student station, including change
2691 orders, which exceeds:
2692 a. $17,952 for an elementary school;
2693 b. $19,386 for a middle school; or
2694 c. $25,181 for a high school,
2695
2696 (January 2006) as adjusted annually to reflect increases or
2697 decreases in the Consumer Price Index. The department, in
2698 conjunction with the Office of Economic and Demographic
2699 Research, shall estimate review and adjust the cost per student
2700 station limits to reflect actual construction costs by January
2701 1, 2020, and annually thereafter. The adjusted cost per student
2702 station shall be used by the department for computation of the
2703 statewide average costs per student station for each
2704 instructional level pursuant to paragraph (d). The department
2705 may shall also collaborate with the Office of Economic and
2706 Demographic Research to select an industry-recognized
2707 construction index to reflect annual changes in the cost per
2708 student station replace the Consumer Price Index by January 1,
2709 2020, adjusted annually to reflect changes in the construction
2710 index.
2711 2. District school boards School districts shall maintain
2712 accurate documentation related to the costs of all new
2713 construction of educational plant space reported to the
2714 Department of Education pursuant to paragraph (c) (d). The
2715 Auditor General shall review the documentation maintained by the
2716 school districts and verify compliance with the limits under
2717 this paragraph during its scheduled operational audits of the
2718 school district.
2719 3. Except for educational facilities and sites subject to a
2720 lease-purchase agreement entered pursuant to s. 1011.71(2)(e) or
2721 funded solely through local impact fees, in addition to the
2722 funding sources listed in subparagraph 1., a district school
2723 board may not use funds from any sources for new construction of
2724 educational plant space with a total cost per student station,
2725 including change orders, which equals more than the current
2726 adjusted amounts provided in sub-subparagraphs 1.a.-c. However,
2727 if a contract has been executed for architectural and design
2728 services or for construction management services before July 1,
2729 2017, a district school board may use funds from any source for
2730 the new construction of educational plant space and such funds
2731 are exempt from the total cost per student station requirements.
2732 4. A district school board must not use funds from the
2733 Public Education Capital Outlay and Debt Service Trust Fund or
2734 the School District and Community College District Capital
2735 Outlay and Debt Service Trust Fund for any new construction of
2736 an ancillary plant that exceeds 70 percent of the average cost
2737 per square foot of new construction for all schools.
2738 (c) Except as otherwise provided, new construction for
2739 which a contract has been executed for architectural and design
2740 services or for construction management services by a district
2741 school board on or after July 1, 2017, may not exceed the cost
2742 per student station as provided in paragraph (b).
2743 (d) The department shall:
2744 1. Compute for each calendar year the statewide average
2745 construction costs for facilities serving each instructional
2746 level, for relocatable educational facilities, for
2747 administrative facilities, and for other ancillary and auxiliary
2748 facilities. The department shall compute the statewide average
2749 costs per student station for each instructional level.
2750 2. Annually review the actual completed construction costs
2751 of educational facilities in each school district. For any
2752 school district in which the total actual cost per student
2753 station, including change orders, exceeds the statewide limits
2754 established in paragraph (b), the school district shall report
2755 to the department the actual cost per student station and the
2756 reason for the school district’s inability to adhere to the
2757 limits established in paragraph (b). The department shall
2758 collect all such reports and shall provide these reports to the
2759 Auditor General for verification purposes.
2760
2761 Cost per student station includes contract costs, fees of
2762 architects and engineers, and the cost of furniture and
2763 equipment. Cost per student station does not include the cost of
2764 purchasing or leasing the site for the construction, legal and
2765 administrative costs, or the cost of related site or offsite
2766 improvements. Cost per student station also does not include the
2767 cost for securing entries, checkpoint construction, lighting
2768 specifically designed for entry point security, security
2769 cameras, automatic locks and locking devices, electronic
2770 security systems, fencing designed to prevent intruder entry
2771 into a building, bullet-proof glass, or other capital
2772 construction items approved by the school safety specialist to
2773 ensure building security for new educational, auxiliary, or
2774 ancillary facilities.
2775 (e) Notwithstanding the requirements of this subsection, an
2776 unfinished construction project for new construction of
2777 educational plant space that was started on or before July 1,
2778 2028, is exempt from the total cost per student station
2779 requirements established in paragraph (b).
2780 Section 45. Paragraph (e) of subsection (6) of section
2781 163.3180, Florida Statutes, is amended to read:
2782 163.3180 Concurrency.—
2783 (6)
2784 (e) A school district that includes relocatable facilities
2785 in its inventory of student stations shall include the capacity
2786 of such relocatable facilities as provided in s.
2787 1013.35(2)(b)2.f., provided the relocatable facilities were
2788 purchased after 1998 and the relocatable facilities meet the
2789 standards for long-term use pursuant to s. 1013.20.
2790 Section 46. Paragraph (a) of subsection (5) of section
2791 1002.68, Florida Statutes, is amended to read:
2792 1002.68 Voluntary Prekindergarten Education Program
2793 accountability.—
2794 (5)(a) If a public school’s or private prekindergarten
2795 provider’s program assessment composite score for its
2796 prekindergarten classrooms fails to meet the minimum program
2797 assessment composite score for contracting adopted in rule by
2798 the department, the private prekindergarten provider or public
2799 school may not participate in the Voluntary Prekindergarten
2800 Education Program beginning in the consecutive program year and
2801 thereafter until the public school or private prekindergarten
2802 provider meets the minimum composite score for contracting. A
2803 public school or private prekindergarten provider may request
2804 one program assessment per program year in order to requalify
2805 for participation in the Voluntary Prekindergarten Education
2806 Program, provided that the public school or private
2807 prekindergarten provider is not excluded from participation
2808 under ss. 1002.55(6), 1002.61(10)(b), 1002.63(9) 1002.63(9)(b),
2809 or paragraph (5)(b) of this section. If a public school or
2810 private prekindergarten provider would like an additional
2811 program assessment completed within the same program year, the
2812 public school or private prekindergarten provider shall be
2813 responsible for the cost of the program assessment.
2814 Section 47. Paragraphs (c) and (e) of subsection (2) of
2815 section 1003.631, Florida Statutes, are amended to read:
2816 1003.631 Schools of Excellence.—The Schools of Excellence
2817 Program is established to provide administrative flexibility to
2818 the state’s top schools so that the instructional personnel and
2819 administrative staff at such schools can continue to serve their
2820 communities and increase student learning to the best of their
2821 professional ability.
2822 (2) ADMINISTRATIVE FLEXIBILITIES.—A School of Excellence
2823 must be provided the following administrative flexibilities:
2824 (c) For instructional personnel, the substitution of 1
2825 school year of employment at a School of Excellence for 20
2826 inservice points toward the renewal of a professional
2827 certificate, up to 60 inservice points in a 5-year cycle,
2828 pursuant to s. 1012.585(3).
2829 (e) Calculation for compliance with maximum class size
2830 pursuant to s. 1003.03(4) based on the average number of
2831 students at the school level.
2832 Section 48. Paragraph (c) of subsection (2) and paragraph
2833 (b) of subsection (5) of section 1004.04, Florida Statutes, are
2834 amended to read:
2835 1004.04 Public accountability and state approval for
2836 teacher preparation programs.—
2837 (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
2838 (c) Each candidate must receive instruction and be assessed
2839 on the uniform core curricula in the candidate’s area or areas
2840 of program concentration during course work and field
2841 experiences. Beginning with candidates entering a teacher
2842 preparation program in the 2022-2023 school year, a candidate
2843 for certification in a coverage area identified pursuant to s.
2844 1012.585(3)(g) s. 1012.585(3)(f) must successfully complete all
2845 competencies for a reading endorsement, including completion of
2846 the endorsement practicum through the candidate’s field
2847 experience under subsection (5), in order to graduate from the
2848 program.
2849 (5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
2850 instructors, school district personnel and instructional
2851 personnel, and school sites preparing instructional personnel
2852 through preservice field experience courses and internships
2853 shall meet special requirements. District school boards may pay
2854 student teachers during their internships.
2855 (b)1. All school district personnel and instructional
2856 personnel who supervise or direct teacher preparation students
2857 during field experience courses or internships taking place in
2858 this state in which candidates demonstrate an impact on student
2859 learning growth must have:
2860 a. Evidence of “clinical educator” training;
2861 b. A valid professional certificate issued pursuant to s.
2862 1012.56;
2863 c. At least 3 years of teaching experience in
2864 prekindergarten through grade 12;
2865 d. Earned an effective or highly effective rating on the
2866 prior year’s performance evaluation under s. 1012.34 or be a
2867 peer evaluator under the district’s evaluation system approved
2868 under s. 1012.34; and
2869 e. Beginning with the 2022-2023 school year, for all such
2870 personnel who supervise or direct teacher preparation students
2871 during internships in kindergarten through grade 3 or who are
2872 enrolled in a teacher preparation program for a certificate area
2873 identified pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f), a
2874 certificate or endorsement in reading.
2875
2876 The State Board of Education shall approve the training
2877 requirements.
2878 2. All instructional personnel who supervise or direct
2879 teacher preparation students during field experience courses or
2880 internships in another state, in which a candidate demonstrates
2881 his or her impact on student learning growth, through a Florida
2882 online or distance program must have received “clinical
2883 educator” training or its equivalent in that state, hold a valid
2884 professional certificate issued by the state in which the field
2885 experience takes place, and have at least 3 years of teaching
2886 experience in prekindergarten through grade 12.
2887 3. All instructional personnel who supervise or direct
2888 teacher preparation students during field experience courses or
2889 internships, in which a candidate demonstrates his or her impact
2890 on student learning growth, on a United States military base in
2891 another country through a Florida online or distance program
2892 must have received “clinical educator” training or its
2893 equivalent, hold a valid professional certificate issued by the
2894 United States Department of Defense or a state or territory of
2895 the United States, and have at least 3 years teaching experience
2896 in prekindergarten through grade 12.
2897 Section 49. Paragraph (b) of subsection (3) of section
2898 1004.85, Florida Statutes, is amended to read:
2899 1004.85 Postsecondary educator preparation institutes.—
2900 (3) Educator preparation institutes approved pursuant to
2901 this section may offer competency-based certification programs
2902 specifically designed for noneducation major baccalaureate
2903 degree holders to enable program participants to meet the
2904 educator certification requirements of s. 1012.56. An educator
2905 preparation institute choosing to offer a competency-based
2906 certification program pursuant to the provisions of this section
2907 must implement a program developed by the institute and approved
2908 by the department for this purpose. Approved programs shall be
2909 available for use by other approved educator preparation
2910 institutes.
2911 (b) Each program participant must:
2912 1. Meet certification requirements pursuant to s.
2913 1012.56(1) by obtaining a statement of status of eligibility in
2914 the certification subject area of the educational plan and meet
2915 the requirements of s. 1012.56(2)(a)-(f) before participating in
2916 field experiences.
2917 2. Demonstrate competency and participate in field
2918 experiences that are appropriate to his or her educational plan
2919 prepared under paragraph (a). Beginning with candidates entering
2920 an educator preparation institute in the 2022-2023 school year,
2921 a candidate for certification in a coverage area identified
2922 pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f) must
2923 successfully complete all competencies for a reading
2924 endorsement, including completion of the endorsement practicum
2925 through the candidate’s field experience, in order to graduate
2926 from the program.
2927 3. Before completion of the program, fully demonstrate his
2928 or her ability to teach the subject area for which he or she is
2929 seeking certification by documenting a positive impact on
2930 student learning growth in a prekindergarten through grade 12
2931 setting and, except as provided in s. 1012.56(7)(a)3., achieving
2932 a passing score on the professional education competency
2933 examination, the basic skills examination, and the subject area
2934 examination for the subject area certification which is required
2935 by state board rule.
2936 Section 50. Paragraph (b) of subsection (2) of section
2937 1012.586, Florida Statutes, is amended to read:
2938 1012.586 Additions or changes to certificates; duplicate
2939 certificates; reading endorsement pathways.—
2940 (2)
2941 (b) As part of adopting a pathway pursuant to paragraph
2942 (a), the department shall review the competencies for the
2943 reading endorsement and subject area examinations for educator
2944 certificates identified pursuant to s. 1012.585(3)(g) s.
2945 1012.585(3)(f) for alignment with evidence-based instructional
2946 and intervention strategies rooted in the science of reading and
2947 identified pursuant to s. 1001.215(7) and recommend changes to
2948 the State Board of Education. Recommended changes must address
2949 identification of the characteristics of conditions such as
2950 dyslexia, implementation of evidence-based classroom instruction
2951 and interventions, including evidence-based reading instruction
2952 and interventions specifically for students with characteristics
2953 of dyslexia, and effective progress monitoring. By July 1, 2023,
2954 each school district reading endorsement add-on program must be
2955 resubmitted for approval by the department consistent with this
2956 paragraph.
2957 Section 51. Paragraph (b) of subsection (5) of section
2958 1012.98, Florida Statutes, is amended to read:
2959 1012.98 School Community Professional Learning Act.—
2960 (5) The Department of Education, school districts, schools,
2961 Florida College System institutions, and state universities
2962 share the responsibilities described in this section. These
2963 responsibilities include the following:
2964 (b) Each school district shall develop a professional
2965 learning system as specified in subsection (4). The system shall
2966 be developed in consultation with teachers, teacher-educators of
2967 Florida College System institutions and state universities,
2968 business and community representatives, and local education
2969 foundations, consortia, and professional organizations. The
2970 professional learning system must:
2971 1. Be reviewed and approved by the department for
2972 compliance with s. 1003.42(3) and this section. Effective March
2973 1, 2024, the department shall establish a calendar for the
2974 review and approval of all professional learning systems. A
2975 professional learning system must be reviewed and approved every
2976 5 years. Any substantial revisions to the system must be
2977 submitted to the department for review and approval. The
2978 department shall establish a format for the review and approval
2979 of a professional learning system.
2980 2. Be based on analyses of student achievement data and
2981 instructional strategies and methods that support rigorous,
2982 relevant, and challenging curricula for all students. Schools
2983 and districts, in developing and refining the professional
2984 learning system, shall also review and monitor school discipline
2985 data; school environment surveys; assessments of parental
2986 satisfaction; performance appraisal data of teachers, managers,
2987 and administrative personnel; and other performance indicators
2988 to identify school and student needs that can be met by improved
2989 professional performance.
2990 3. Provide inservice activities coupled with follow-up
2991 followup support appropriate to accomplish district-level and
2992 school-level improvement goals and standards. The inservice
2993 activities for instructional and school administrative personnel
2994 shall focus on analysis of student achievement data; ongoing
2995 formal and informal assessments of student achievement;
2996 identification and use of enhanced and differentiated
2997 instructional strategies that emphasize rigor, relevance, and
2998 reading in the content areas; enhancement of subject content
2999 expertise; integrated use of classroom technology that enhances
3000 teaching and learning; classroom management; parent involvement;
3001 and school safety.
3002 4. Provide inservice activities and support targeted to the
3003 individual needs of new teachers participating in the
3004 professional learning certification and education competency
3005 program under s. 1012.56(8)(a).
3006 5. Include a professional learning catalog for inservice
3007 activities, pursuant to rules of the State Board of Education,
3008 for all district employees from all fund sources. The catalog
3009 must be updated annually by September 1, must be based on input
3010 from teachers and district and school instructional leaders, and
3011 must use the latest available student achievement data and
3012 research to enhance rigor and relevance in the classroom. Each
3013 district inservice catalog must be aligned to and support the
3014 school-based inservice catalog and school improvement plans
3015 pursuant to s. 1001.42(18). Each district inservice catalog must
3016 provide a description of the training that middle grades
3017 instructional personnel and school administrators receive on the
3018 district’s code of student conduct adopted pursuant to s.
3019 1006.07; integrated digital instruction and competency-based
3020 instruction and CAPE Digital Tool certificates and CAPE industry
3021 certifications; classroom management; student behavior and
3022 interaction; extended learning opportunities for students; and
3023 instructional leadership. District plans must be approved by the
3024 district school board annually in order to ensure compliance
3025 with subsection (1) and to allow for dissemination of research
3026 based best practices to other districts. District school boards
3027 shall submit verification of their approval to the Commissioner
3028 of Education no later than October 1, annually. Each school
3029 principal may establish and maintain an individual professional
3030 learning plan for each instructional employee assigned to the
3031 school as a seamless component to the school improvement plans
3032 developed pursuant to s. 1001.42(18). An individual professional
3033 learning plan must be related to specific performance data for
3034 the students to whom the teacher is assigned, define the
3035 inservice objectives and specific measurable improvements
3036 expected in student performance as a result of the inservice
3037 activity, and include an evaluation component that determines
3038 the effectiveness of the professional learning plan.
3039 6. Include inservice activities for school administrative
3040 personnel, aligned to the state’s educational leadership
3041 standards, which address updated skills necessary for
3042 instructional leadership and effective school management
3043 pursuant to s. 1012.986.
3044 7. Provide for systematic consultation with regional and
3045 state personnel designated to provide technical assistance and
3046 evaluation of local professional learning programs.
3047 8. Provide for delivery of professional learning by
3048 distance learning and other technology-based delivery systems to
3049 reach more educators at lower costs.
3050 9. Provide for the continuous evaluation of the quality and
3051 effectiveness of professional learning programs in order to
3052 eliminate ineffective programs and strategies and to expand
3053 effective ones. Evaluations must consider the impact of such
3054 activities on the performance of participating educators and
3055 their students’ achievement and behavior.
3056 10. For all grades, emphasize:
3057 a. Interdisciplinary planning, collaboration, and
3058 instruction.
3059 b. Alignment of curriculum and instructional materials to
3060 the state academic standards adopted pursuant to s. 1003.41.
3061 c. Use of small learning communities; problem-solving,
3062 inquiry-driven research and analytical approaches for students;
3063 strategies and tools based on student needs; competency-based
3064 instruction; integrated digital instruction; and project-based
3065 instruction.
3066
3067 Each school that includes any of grades 6, 7, or 8 shall include
3068 in its school improvement plan, required under s. 1001.42(18), a
3069 description of the specific strategies used by the school to
3070 implement each item listed in this subparagraph.
3071 11. Provide training to reading coaches, classroom
3072 teachers, and school administrators in effective methods of
3073 identifying characteristics of conditions such as dyslexia and
3074 other causes of diminished phonological processing skills;
3075 incorporating instructional techniques into the general
3076 education setting which are proven to improve reading
3077 performance for all students; and using predictive and other
3078 data to make instructional decisions based on individual student
3079 needs. The training must help teachers integrate phonemic
3080 awareness; phonics, word study, and spelling; reading fluency;
3081 vocabulary, including academic vocabulary; and text
3082 comprehension strategies into an explicit, systematic, and
3083 sequential approach to reading instruction, including
3084 multisensory intervention strategies. Such training for teaching
3085 foundational skills must be based on the science of reading and
3086 include phonics instruction for decoding and encoding as the
3087 primary instructional strategy for word reading. Instructional
3088 strategies included in the training may not employ the three
3089 cueing system model of reading or visual memory as a basis for
3090 teaching word reading. Such instructional strategies may include
3091 visual information and strategies which improve background and
3092 experiential knowledge, add context, and increase oral language
3093 and vocabulary to support comprehension, but may not be used to
3094 teach word reading. Each district must provide all elementary
3095 grades instructional personnel access to training sufficient to
3096 meet the requirements of s. 1012.585(3)(g) s. 1012.585(3)(f).
3097 Section 52. Except as otherwise expressly provided in this
3098 act and except for this section, which shall take effect upon
3099 becoming a law, this act shall take effect July 1, 2025.