CS for SB 166 First Engrossed
2025166e1
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; authorizing the State Board of Education to
71 modify the timeframe; amending s. 1008.212, F.S.;
72 providing that certain assessments are not subject to
73 specified requirements; specifying the assessments
74 from which IEP teams must submit requests for
75 extraordinary exemptions; amending s. 1008.22, F.S.;
76 requiring the Commissioner of Education to notify
77 school districts of the assessment schedule for a
78 specified time interval; deleting requirements
79 relating to a uniform calendar that must be published
80 by the commissioner each year; revising an annual
81 timeframe for each school district to establish
82 schedules for the administration of statewide,
83 standardized assessments; requiring each school
84 district to publish certain information regarding such
85 schedules on its website; conforming provisions to
86 changes made by the act; amending s. 1008.25, F.S.;
87 providing an additional good cause exemption for a
88 student to be promoted to grade 4; conforming cross
89 references; amending s. 1008.33, F.S.; prohibiting a
90 school from being required to use a certain parameter
91 as the sole determining factor to recruit
92 instructional personnel; providing requirements for a
93 rule adopted by the State Board of Education; amending
94 s. 1010.20, F.S.; requiring charter schools to respond
95 to monitoring questions from the department; amending
96 s. 1011.035, F.S.; deleting a requirement that each
97 district school board budget posted on the school
98 board’s website include a graphical representation of
99 specified information; revising website requirements;
100 amending s. 1011.14, F.S.; revising the types of
101 facilities for which district school boards may incur
102 certain financial obligations; amending s. 1011.60,
103 F.S.; revising circumstances under which the State
104 Board of Education may alter the length of school
105 terms for certain school districts; amending s.
106 1011.62, F.S.; deleting a requirement that certain
107 full-time equivalent bonuses under the Florida
108 Education Finance Program be paid only to teachers who
109 are employed by the district when the bonus is
110 calculated; amending s. 1011.6202, F.S.; requiring
111 schools participating in the Principal Autonomy
112 Program Initiative to comply with specified provisions
113 relating to instructional multiyear contracts, in
114 addition to annual contracts, for instructional
115 personnel; amending s. 1011.69, F.S.; deleting a
116 requirement relating to Title I fund allocations to
117 schools; providing a new category of funding school
118 districts are authorized to withhold; revising a
119 category of funding a school district is authorized to
120 withhold; requiring the department to make certain
121 funds available to local education agencies; amending
122 s. 1011.71, F.S.; revising specified vehicles that may
123 be purchased or leased using specified revenue;
124 revising the types of facilities payments that may be
125 made from such revenue; amending s. 1012.22, F.S.;
126 providing requirements for advanced degrees which may
127 be used to set salary schedules for instructional
128 personnel and school administrators hired after a
129 specified date; specifying district school board
130 activities that may not be precluded by collective
131 bargaining; amending s. 1012.335, F.S.; defining the
132 term “instructional multiyear contract”; providing
133 requirements for the award of an instructional
134 multiyear contract; requiring that an employee awarded
135 an instructional multiyear contract be returned to an
136 annual contract under certain conditions; specifying
137 district school superintendent authority; making
138 conforming and technical changes; amending s. 1012.34,
139 F.S.; requiring that procedures and requirements
140 established by the district school superintendent for
141 performance evaluations be approved by the district
142 school board; requiring the district school
143 superintendent to submit evaluation systems to the
144 department under certain circumstances; deleting a
145 requirement for the department to approve and monitor
146 each school district’s evaluation systems; revising
147 the portion of a performance evaluation that is based
148 on student performance; deleting certain performance
149 evaluation requirements; providing that student
150 performance may not be the sole determinant for
151 incentive pay for instructional personnel or school
152 administrators; amending s. 1012.39, F.S.; revising an
153 occupational experience qualification requirement for
154 nondegreed teachers of career programs; deleting a
155 training requirement for full-time nondegreed teachers
156 of career programs; amending s. 1012.555, F.S.;
157 revising eligibility requirements for individuals to
158 participate in the Teacher Apprenticeship Program;
159 amending employment requirements for paraprofessionals
160 to serve as an apprentice teacher; amending s.
161 1012.56, F.S.; specifying individuals who must
162 demonstrate mastery of general knowledge for educator
163 certification; authorizing school districts and
164 consortia of school districts to issue temporary
165 certificates under certain conditions; specifying
166 Education Practices Commission authority; conforming a
167 cross-reference; amending s. 1012.585, F.S.; revising
168 the validity period for professional certificates;
169 providing eligibility requirements for 5-year and 10
170 year professional certificates; establishing
171 requirements for the renewal of a 10-year professional
172 certificate; amending s. 1013.19, F.S.; requiring that
173 proceeds from certain sales or leases of property be
174 used for specified purposes by boards of trustees for
175 Florida College System institutions or state
176 universities; amending s. 1013.35, F.S.; deleting
177 definitions; requiring a district school board to
178 submit a tentative district educational facilities
179 plan; revising requirements for the contents of such
180 plan; deleting provisions relating to district school
181 boards coordinating with local governments to ensure
182 consistency between school district and local
183 government plans; authorizing, rather than requiring,
184 local governments to review tentative district
185 educational facilities plans; requiring a district
186 school board to submit a revised facilities plan;
187 making conforming changes; amending s. 1013.41, F.S.;
188 revising requirements for an educational facilities
189 plan; revising the duties of the Office of Educational
190 Facilities; amending s. 1013.45, F.S.; specifying that
191 Florida College System institution and state
192 university boards of trustees are required to use an
193 architect for the development of certain plans;
194 deleting district school board requirements for
195 certain construction plans; repealing s. 1013.451,
196 F.S., relating to life-cycle costs comparisons;
197 amending s. 1013.62, F.S.; conforming a cross
198 reference; amending s. 1013.64, F.S.; revising
199 determinations of allocations from the Public
200 Education Capital Outlay and Debt Service Trust Fund;
201 requiring the Office of Program Policy and Government
202 Accountability (OPPAGA) to review cost per student
203 station levels and make certain recommendations;
204 requiring OPPAGA to submit its review to the
205 Legislature and the Commissioner of Education by a
206 specified date; revising district school board
207 requirements relating to educational plant
208 construction; amending ss. 163.3180, 1002.68,
209 1003.631, 1004.04, 1004.85, 1012.586, and 1012.98,
210 F.S.; conforming cross-references; providing effective
211 dates.
212
213 Be It Enacted by the Legislature of the State of Florida:
214
215 Section 1. Paragraph (a) of subsection (1) of section
216 120.81, Florida Statutes, is amended to read:
217 120.81 Exceptions and special requirements; general areas.—
218 (1) EDUCATIONAL UNITS.—
219 (a) District school boards are not subject to the
220 requirements for rules in this chapter when making and adopting
221 rules with public input at a public meeting. Notwithstanding s.
222 120.536(1) and the flush left provisions of s. 120.52(8),
223 district school boards may adopt rules to implement their
224 general powers under s. 1001.41.
225 Section 2. Paragraph (n) of subsection (2) of section
226 1001.02, Florida Statutes, is amended to read:
227 1001.02 General powers of State Board of Education.—
228 (2) The State Board of Education has the following duties:
229 (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
230 120.54, within statutory authority as specifically provided by
231 law.
232 Section 3. Subsections (5) and (6) are added to section
233 1001.23, Florida Statutes, to read:
234 1001.23 Specific powers and duties of the Department of
235 Education.—In addition to all other duties assigned to it by law
236 or by rule of the State Board of Education, the department
237 shall:
238 (5) Annually by August 1, inform district school
239 superintendents that pursuant to s. 120.565, the superintendents
240 may receive a declaratory statement, within 90 days after
241 submitting a petition to receive such statement, regarding the
242 department’s opinion as to the applicability of a statutory or
243 rule provision to a school district as it applies to the
244 district’s particular set of circumstances.
245 (6) Annually maintain and make available to school
246 districts a list of all requirements in statute and rule
247 relating to required actions by district school boards or
248 superintendents. The list must include, but is not limited to,
249 required parent notifications; information that must be posted
250 to the district website; and reporting, filing, and
251 certification requirements.
252 Section 4. Paragraph (l) of subsection (12) of section
253 1001.42, Florida Statutes, is amended to read:
254 1001.42 Powers and duties of district school board.—The
255 district school board, acting as a board, shall exercise all
256 powers and perform all duties listed below:
257 (12) FINANCE.—Take steps to assure students adequate
258 educational facilities through the financial procedure
259 authorized in chapters 1010 and 1011 and as prescribed below:
260 (l) Internal auditor.—May or, in the case of a school
261 district receiving annual federal, state, and local funds in
262 excess of $500 million, shall employ an internal auditor. The
263 scope of the internal auditor shall not be restricted and shall
264 include every functional and program area of the school system.
265 1. The internal auditor shall perform ongoing financial
266 verification of the financial records of the school district, a
267 comprehensive risk assessment of all areas of the school system
268 every 5 years, and other audits and reviews as the district
269 school board directs for determining:
270 a. The adequacy of internal controls designed to prevent
271 and detect fraud, waste, and abuse as defined in s. 11.45(1).
272 b. Compliance with applicable laws, rules, contracts, grant
273 agreements, district school board-approved policies, and best
274 practices.
275 c. The efficiency of operations.
276 d. The reliability of financial records and reports.
277 e. The safeguarding of assets.
278 f. Financial solvency.
279 g. Projected revenues and expenditures.
280 h. The rate of change in the general fund balance.
281 2. The internal auditor shall prepare audit reports of his
282 or her findings and report directly to the district school board
283 or its designee.
284 3. Any person responsible for furnishing or producing any
285 book, record, paper, document, data, or sufficient information
286 necessary to conduct a proper audit or examination which the
287 internal auditor is by law authorized to perform is subject to
288 the provisions of s. 11.47(3) and (4).
289 Section 5. Subsection (16) of section 1002.20, Florida
290 Statutes, is amended to read:
291 1002.20 K-12 student and parent rights.—Parents of public
292 school students must receive accurate and timely information
293 regarding their child’s academic progress and must be informed
294 of ways they can help their child to succeed in school. K-12
295 students and their parents are afforded numerous statutory
296 rights including, but not limited to, the following:
297 (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
298 REPORTS; FISCAL TRANSPARENCY.—Parents of public school students
299 have the right to an easy-to-read report card about the school’s
300 grade designation or, if applicable under s. 1008.341, the
301 school’s improvement rating, and the school’s accountability
302 report, including the school financial report as required under
303 s. 1010.215. The school financial report must be provided to the
304 parents and indicate the average amount of money expended per
305 student in the school, which must also be included in the
306 student handbook or a similar publication. The department shall
307 produce the reports required under this subsection and make the
308 reports for each school available on the department’s website in
309 a prominent location. Each public school district must provide a
310 link on its website to such reports for parent access.
311 Section 6. Paragraph (b) of subsection (2) and subsection
312 (5) of section 1002.31, Florida Statutes, are amended to read:
313 1002.31 Controlled open enrollment; public school parental
314 choice.—
315 (2)
316 (b) Each school district and charter school capacity
317 determinations for its schools, by grade level, must be updated
318 at least twice annually every 12 weeks and be identified on the
319 school district and charter school’s websites. In determining
320 the capacity of each district school, the district school board
321 shall incorporate the specifications, plans, elements, and
322 commitments contained in the school district educational
323 facilities plan and the long-term work programs required under
324 s. 1013.35. Each charter school governing board shall determine
325 capacity based upon its charter school contract. Each virtual
326 charter school and each school district with a contract with an
327 approved virtual instruction program provider shall determine
328 capacity based upon the enrollment requirements established
329 under s. 1002.45(1)(d)4.
330 (5) For a school or program that is a public school of
331 choice under this section, the calculation for compliance with
332 maximum class size pursuant to s. 1003.03(4) is the average
333 number of students at the school level.
334 Section 7. Paragraph (g) of subsection (18) of section
335 1002.33, Florida Statutes, is amended to read:
336 1002.33 Charter schools.—
337 (18) FACILITIES.—
338 (g) Each school district shall annually provide to the
339 Department of Education as part of its 5-year work plan the
340 number of existing vacant classrooms in each school that the
341 district does not intend to use or does not project will be
342 needed for educational purposes for the following school year.
343 The department may recommend that a district make such space
344 available to an appropriate charter school.
345 Section 8. Paragraph (b) of subsection (7) of section
346 1002.394, Florida Statutes, is amended to read:
347 1002.394 The Family Empowerment Scholarship Program.—
348 (7) SCHOOL DISTRICT OBLIGATIONS.—
349 (b)1. The parent of a student with a disability who does
350 not have an IEP in accordance with subparagraph (3)(b)4. or who
351 seeks a reevaluation of an existing IEP may request an IEP
352 meeting and evaluation from the school district in order to
353 obtain or revise a matrix of services. The school district shall
354 notify a parent who has made a request for an IEP that the
355 district is required to complete the IEP and matrix of services
356 within 60 30 days after receiving notice of the parent’s
357 request. The school district shall conduct a meeting and develop
358 an IEP and a matrix of services within 60 30 days after receipt
359 of the parent’s request in accordance with State Board of
360 Education rules. The district must accept the diagnosis and
361 consider the service plan of the licensed professional providing
362 the diagnosis pursuant to subparagraph (3)(b)4. The school
363 district must complete a matrix that assigns the student to one
364 of the levels of service as they existed before the 2000-2001
365 school year. For a nonpublic school student without an IEP, the
366 school district is authorized to use evaluation reports and
367 plans of care developed by the licensed professionals under
368 subparagraph (4)(b)3. to complete the matrix of services.
369 2.a. The school district must provide the student’s parent
370 and the department with the student’s matrix level within 10
371 calendar days after its completion.
372 b. The department shall notify the parent and the
373 organization of the amount of the funds awarded within 10 days
374 after receiving the school district’s notification of the
375 student’s matrix level.
376 c. A school district may change a matrix of services only
377 if the change is a result of an IEP reevaluation or to correct a
378 technical, typographical, or calculation error.
379 Section 9. Paragraph (a) of subsection (5) of section
380 1002.451, Florida Statutes, is amended to read:
381 1002.451 District innovation school of technology program.—
382 (5) EXEMPTION FROM STATUTES.—
383 (a) An innovation school of technology is exempt from
384 chapters 1000-1013. However, an innovation school of technology
385 shall comply with the following provisions of those chapters:
386 1. Laws pertaining to the following:
387 a. Schools of technology, including this section.
388 b. Student assessment program and school grading system.
389 c. Services to students who have disabilities.
390 d. Civil rights, including s. 1000.05, relating to
391 discrimination.
392 e. Student health, safety, and welfare.
393 2. Laws governing the election and compensation of district
394 school board members and election or appointment and
395 compensation of district school superintendents.
396 3. Section 1003.03, governing maximum class size, except
397 that the calculation for compliance pursuant to s. 1003.03 is
398 the average at the school level.
399 4. Sections 1012.22(1)(c) and 1012.27(2), relating to
400 compensation and salary schedules.
401 5. Section 1012.33(5), relating to workforce reductions,
402 for annual contracts for instructional personnel. This
403 subparagraph does not apply to at-will employees.
404 6. Section 1012.335, relating to contracts with
405 instructional personnel hired on or after July 1, 2011, for
406 annual or instructional multiyear contracts for instructional
407 personnel. This subparagraph does not apply to at-will
408 employees.
409 7. Section 1012.34, relating to requirements for
410 performance evaluations of instructional personnel and school
411 administrators.
412 Section 10. Paragraph (a) of subsection (10) of section
413 1002.61, Florida Statutes, is amended to read:
414 1002.61 Summer prekindergarten program delivered by public
415 schools and private prekindergarten providers.—
416 (10)(a) Each early learning coalition shall verify that
417 each private prekindergarten provider and public school
418 delivering the Voluntary Prekindergarten Education Program
419 within the coalition’s county or multicounty region complies
420 with this part.
421 Section 11. Subsection (9) of section 1002.63, Florida
422 Statutes, is amended to read:
423 1002.63 School-year prekindergarten program delivered by
424 public schools.—
425 (9)(a) Each early learning coalition shall verify that each
426 public school delivering the Voluntary Prekindergarten Education
427 Program within the coalition’s service area complies with this
428 part.
429 (b) If a public school fails or refuses to comply with this
430 part or engages in misconduct, the department must shall require
431 that the school district to remove the school from eligibility
432 to deliver the Voluntary Prekindergarten Education Program and
433 receive state funds under this part for a period of at least 2
434 years but no more than 5 years.
435 Section 12. Paragraph (b) of subsection (6) and subsection
436 (7) of section 1002.71, Florida Statutes, are amended to read:
437 1002.71 Funding; financial and attendance reporting.—
438 (6)
439 (b)1. Each private prekindergarten provider’s and district
440 school board’s attendance policy must require the parent of each
441 student in the Voluntary Prekindergarten Education Program to
442 verify, each month, the student’s attendance on the prior
443 month’s certified student attendance.
444 2. The parent must submit the verification of the student’s
445 attendance to the private prekindergarten provider or public
446 school on forms prescribed by the department. The forms must
447 include, in addition to the verification of the student’s
448 attendance, a certification, in substantially the following
449 form, that the parent continues to choose the private
450 prekindergarten provider or public school in accordance with s.
451 1002.53 and directs that payments for the program be made to the
452 provider or school:
453
454 VERIFICATION OF STUDENT’S ATTENDANCE
455 AND CERTIFICATION OF PARENTAL CHOICE
456
457 I, ...(Name of Parent)..., swear (or affirm) that my child,
458 ...(Name of Student)..., attended the Voluntary Prekindergarten
459 Education Program on the days listed above and certify that I
460 continue to choose ...(Name of Provider or School)... to deliver
461 the program for my child and direct that program funds be paid
462 to the provider or school for my child.
463 ...(Signature of Parent)...
464 ...(Date)...
465
466 3. The private prekindergarten provider or public school
467 must keep each original signed form for at least 2 years. Each
468 private prekindergarten provider must permit the early learning
469 coalition, and each public school must permit the school
470 district, to inspect the original signed forms during normal
471 business hours. The department shall adopt procedures for early
472 learning coalitions and school districts to review the original
473 signed forms against the certified student attendance. The
474 review procedures must shall provide for the use of selective
475 inspection techniques, including, but not limited to, random
476 sampling. Each early learning coalition and the school districts
477 must comply with the review procedures.
478 (7) The department shall require that administrative
479 expenditures be kept to the minimum necessary for efficient and
480 effective administration of the Voluntary Prekindergarten
481 Education Program. Administrative policies and procedures must
482 shall be revised, to the maximum extent practicable, be revised
483 to incorporate the use of automation and electronic submission
484 of forms, including those required for child eligibility and
485 enrollment, provider and class registration, and monthly
486 certification of attendance for payment. A school district may
487 use its automated daily attendance reporting system for the
488 purpose of maintaining and transmitting attendance records to
489 the early learning coalition in a mutually agreed-upon format.
490 Each school district shall certify the correctness of attendance
491 data submitted to the single point of entry system described in
492 paragraph (5)(a) as required by the department. In addition,
493 actions must shall be taken to reduce paperwork, eliminate the
494 duplication of reports, and eliminate other duplicative
495 activities. Each early learning coalition may retain and expend
496 no more than 5.0 percent of the funds paid by the coalition to
497 private prekindergarten providers and public schools under
498 paragraph (5)(b). Funds retained by an early learning coalition
499 under this subsection may be used only for administering the
500 Voluntary Prekindergarten Education Program and may not be used
501 for the school readiness program or other programs.
502 Section 13. Subsection (4) of section 1003.03, Florida
503 Statutes, is amended to read:
504 1003.03 Maximum class size.—
505 (4) ACCOUNTABILITY.—Each district that has not complied
506 with the requirements in subsection (1), based on the October
507 student membership survey, shall submit to the commissioner by
508 February 1 a plan certified by the district school board that
509 describes the specific actions the district will take in order
510 to fully comply with the requirements in subsection (1) by
511 October of the following school year.
512 Section 14. Paragraph (b) of subsection (1) of section
513 1003.26, Florida Statutes, is amended to read:
514 1003.26 Enforcement of school attendance.—The Legislature
515 finds that poor academic performance is associated with
516 nonattendance and that school districts must take an active role
517 in promoting and enforcing attendance as a means of improving
518 student performance. It is the policy of the state that each
519 district school superintendent be responsible for enforcing
520 school attendance of all students subject to the compulsory
521 school age in the school district and supporting enforcement of
522 school attendance by local law enforcement agencies. The
523 responsibility includes recommending policies and procedures to
524 the district school board that require public schools to respond
525 in a timely manner to every unexcused absence, and every absence
526 for which the reason is unknown, of students enrolled in the
527 schools. District school board policies shall require the parent
528 of a student to justify each absence of the student, and that
529 justification will be evaluated based on adopted district school
530 board policies that define excused and unexcused absences. The
531 policies must provide that public schools track excused and
532 unexcused absences and contact the home in the case of an
533 unexcused absence from school, or an absence from school for
534 which the reason is unknown, to prevent the development of
535 patterns of nonattendance. The Legislature finds that early
536 intervention in school attendance is the most effective way of
537 producing good attendance habits that will lead to improved
538 student learning and achievement. Each public school shall
539 implement the following steps to promote and enforce regular
540 school attendance:
541 (1) CONTACT, REFER, AND ENFORCE.—
542 (b) If a student has had at least five unexcused absences,
543 or absences for which the reasons are unknown, within a calendar
544 month or 10 unexcused absences, or absences for which the
545 reasons are unknown, within a 90-calendar-day period, or a
546 period of time less than 90 days as determined by the district
547 school board, the student’s primary teacher must shall report to
548 the school principal or his or her designee that the student may
549 be exhibiting a pattern of nonattendance. The principal shall,
550 unless there is clear evidence that the absences are not a
551 pattern of nonattendance, refer the case to the school’s child
552 study team to determine if early patterns of truancy are
553 developing. If the child study team finds that a pattern of
554 nonattendance is developing, whether the absences are excused or
555 not, a meeting with the parent must be scheduled to identify
556 potential remedies, and the principal must shall notify the
557 district school superintendent and the school district contact
558 for home education programs that the referred student is
559 exhibiting a pattern of nonattendance.
560 Section 15. Effective upon becoming a law, paragraphs (a)
561 and (b) of subsection (3), paragraph (c) of subsection (5), and
562 subsection (6) of section 1003.4282, Florida Statutes, are
563 amended to read:
564 1003.4282 Requirements for a standard high school diploma.—
565 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
566 REQUIREMENTS.—
567 (a) Four credits in English Language Arts (ELA).—The four
568 credits must be in ELA I, II, III, and IV. A student’s
569 performance on the statewide, standardized grade 10 ELA
570 assessment constitutes 30 percent of the student’s final course
571 grade A student must pass the statewide, standardized grade 10
572 ELA assessment, or earn a concordant score, in order to earn a
573 standard high school diploma.
574 (b) Four credits in mathematics.—
575 1. A student must earn one credit in Algebra I and one
576 credit in Geometry. A student’s performance on the statewide,
577 standardized Algebra I end-of-course (EOC) assessment
578 constitutes 30 percent of the student’s final course grade. A
579 student must pass the statewide, standardized Algebra I EOC
580 assessment, or earn a comparative score, in order to earn a
581 standard high school diploma. A student’s performance on the
582 statewide, standardized Geometry EOC assessment constitutes 30
583 percent of the student’s final course grade.
584 2. A student who earns an industry certification for which
585 there is a statewide college credit articulation agreement
586 approved by the State Board of Education may substitute the
587 certification for one mathematics credit. Substitution may occur
588 for up to two mathematics credits, except for Algebra I and
589 Geometry. A student may earn two mathematics credits by
590 successfully completing Algebra I through two full-year courses.
591 A certified school counselor or the principal’s designee shall
592 must advise the student that admission to a state university may
593 require the student to earn 3 additional mathematics credits
594 that are at least as rigorous as Algebra I.
595 3. A student who earns a computer science credit may
596 substitute the credit for up to one credit of the mathematics
597 requirement, with the exception of Algebra I and Geometry, if
598 the commissioner identifies the computer science credit as being
599 equivalent in rigor to the mathematics credit. An identified
600 computer science credit may not be used to substitute for both a
601 mathematics and a science credit. A student who earns an
602 industry certification in 3D rapid prototype printing may
603 satisfy up to two credits of the mathematics requirement, with
604 the exception of Algebra I, if the commissioner identifies the
605 certification as being equivalent in rigor to the mathematics
606 credit or credits.
607 (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—
608 (c) A student who earns the required 24 credits, or the
609 required 18 credits under s. 1002.3105(5), but fails to pass the
610 assessments required under s. 1008.22(3) or achieve a 2.0 GPA
611 shall be awarded a certificate of completion in a form
612 prescribed by the State Board of Education. However, a student
613 who is otherwise entitled to a certificate of completion may
614 elect to remain in high school either as a full-time student or
615 a part-time student for up to 1 additional year and receive
616 special instruction designed to remedy his or her identified
617 deficiencies.
618 (6) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
619 the 2012-2013 school year, if a student transfers to a Florida
620 public high school from out of country, out of state, a private
621 school, a personalized education program, or a home education
622 program and the student’s transcript shows a credit in Algebra
623 I, the student must pass the statewide, standardized Algebra I
624 EOC assessment in order to earn a standard high school diploma
625 unless the student earned a comparative score, passed a
626 statewide assessment in Algebra I administered by the
627 transferring entity, or passed the statewide mathematics
628 assessment the transferring entity uses to satisfy the
629 requirements of the Elementary and Secondary Education Act, as
630 amended by the Every Student Succeeds Act (ESSA), 20 U.S.C. ss.
631 6301 et seq. If a student’s transcript shows a credit in high
632 school reading or English Language Arts II or III, in order to
633 earn a standard high school diploma, the student must take and
634 pass the statewide, standardized grade 10 ELA assessment, or
635 earn a concordant score. If a transfer student’s transcript
636 shows a final course grade and course credit in Algebra I,
637 Geometry, Biology I, or United States History, or the equivalent
638 of a grade 10 ELA course, the transferring course final grade
639 and credit must shall be honored without the student taking the
640 requisite statewide, standardized EOC assessment and without the
641 assessment results constituting 30 percent of the student’s
642 final course grade.
643 Section 16. Effective upon becoming a law, section
644 1003.433, Florida Statutes, is amended to read:
645 1003.433 Learning opportunities for out-of-state and out
646 of-country transfer students and students needing additional
647 instruction to meet high school graduation requirements.—
648 (1) Students who enter a Florida public school at the 11th
649 or 12th grade from out of state or out of country may shall not
650 be required to spend additional time in a Florida public school
651 in order to meet the high school course requirements if the
652 student has met all requirements of the school district, state,
653 or country from which he or she is transferring. Such students
654 who are not proficient in English should receive immediate and
655 intensive instruction in English language acquisition. However,
656 to receive a standard high school diploma, a transfer student
657 must earn a 2.0 grade point average and meet the requirements
658 under s. 1008.22.
659 (2) Students who earn the required 24 credits for the
660 standard high school diploma except for passage of any must-pass
661 assessment under s. 1003.4282 or s. 1008.22 or an alternate
662 assessment by the end of grade 12 must be provided the following
663 learning opportunities:
664 (a) Participation in an accelerated high school equivalency
665 diploma preparation program during the summer.
666 (b) Upon receipt of a certificate of completion, be allowed
667 to take the College Placement Test and be admitted to
668 developmental education or credit courses at a Florida College
669 System institution, as appropriate.
670 (c) Participation in an adult general education program as
671 provided in s. 1004.93 for such time as the student requires to
672 master English, reading, mathematics, or any other subject
673 required for high school graduation. A student attending an
674 adult general education program shall have the opportunity to
675 take any must-pass assessment under s. 1003.4282 or s. 1008.22
676 an unlimited number of times in order to receive a standard high
677 school diploma.
678 (3) Students who have been enrolled in an ESOL program for
679 less than 2 school years and have met all requirements for the
680 standard high school diploma except for passage of any must-pass
681 assessment under s. 1003.4282 or s. 1008.22 or alternate
682 assessment may:
683 (a) Receive immersion English language instruction during
684 the summer following their senior year. Students receiving such
685 instruction are eligible to take the required assessment or
686 alternate assessment and receive a standard high school diploma
687 upon passage of the required assessment or alternate assessment.
688 This paragraph shall be implemented to the extent funding is
689 provided in the General Appropriations Act.
690 (b) Beginning with the 2022-2023 school year, meet the
691 requirement to pass the statewide, standardized grade 10 English
692 Language Arts assessment by satisfactorily demonstrating grade
693 level expectations on formative assessments, in accordance with
694 state board rule.
695 Section 17. Paragraph (j) is added to subsection (6) of
696 section 1006.1494, Florida Statutes, to read:
697 1006.1494 Student online personal information protection.—
698 (6) This section does not do any of the following:
699 (j) Impose requirements for a K-12 school, school district,
700 or district school board.
701
702 The State Board of Education may adopt rules to implement this
703 section.
704 Section 18. Subsection (2) of section 1006.40, Florida
705 Statutes, is amended to read:
706 1006.40 Purchase of instructional materials.—
707 (2) Each district school board must purchase current
708 instructional materials to provide each student in kindergarten
709 through grade 12 with a major tool of instruction in core
710 courses of the subject areas of mathematics, language arts,
711 science, social studies, reading, and literature. Such purchase
712 must be made within the first 5 3 years after the effective date
713 of the adoption cycle, subject to state board requirement for an
714 earlier purchase date for a specific subject area, unless a
715 district school board or a consortium of school districts has
716 implemented an instructional materials program pursuant to s.
717 1006.283.
718 Section 19. Subsections (2) and (3) of section 1008.212,
719 Florida Statutes, are amended to read:
720 1008.212 Students with disabilities; extraordinary
721 exemption.—
722 (2) A student with a disability for whom the individual
723 education plan (IEP) team determines is prevented by a
724 circumstance or condition from physically demonstrating the
725 mastery of skills that have been acquired and are measured by
726 the statewide standardized assessment, a statewide standardized
727 end-of-course assessment, or an alternate assessment pursuant to
728 s. 1008.22(3)(d) shall be granted an extraordinary exemption
729 from the administration of the assessment. A learning,
730 emotional, behavioral, or significant cognitive disability, or
731 the receipt of services through the homebound or hospitalized
732 program in accordance with rule 6A-6.03020, Florida
733 Administrative Code, is not, in and of itself, an adequate
734 criterion for the granting of an extraordinary exemption. The
735 first two administrations of the coordinated screening and
736 progress monitoring system under s. 1008.25(9) or any alternate
737 assessments used in lieu of such administrations are not subject
738 to the requirements of this section.
739 (3) The IEP team, which must include the parent, may submit
740 to the district school superintendent a written request for an
741 extraordinary exemption from the end-of-year or end-of-course
742 statewide, standardized assessment at any time during the school
743 year, but not later than 60 days before the current year’s
744 assessment administration for which the request is made. A
745 request must include all of the following:
746 (a) A written description of the student’s disabilities,
747 including a specific description of the student’s impaired
748 sensory, manual, or speaking skills.
749 (b) Written documentation of the most recent evaluation
750 data.
751 (c) Written documentation, if available, of the most recent
752 administration of the statewide standardized assessment, an end
753 of-course assessment, or an alternate assessment.
754 (d) A written description of the condition’s effect on the
755 student’s participation in the statewide standardized
756 assessment, an end-of-course assessment, or an alternate
757 assessment.
758 (e) Written evidence that the student has had the
759 opportunity to learn the skills being tested.
760 (f) Written evidence that the student has been provided
761 appropriate instructional accommodations.
762 (g) Written evidence as to whether the student has had the
763 opportunity to be assessed using the instructional
764 accommodations on the student’s IEP which are allowable in the
765 administration of the statewide standardized assessment, an end
766 of-course assessment, or an alternate assessment in prior
767 assessments.
768 (h) Written evidence of the circumstance or condition as
769 defined in subsection (1).
770 Section 20. Paragraphs (a), (b), and (d) of subsection (7)
771 of section 1008.22, Florida Statutes, are amended to read:
772 1008.22 Student assessment program for public schools.—
773 (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
774 (a) The Commissioner of Education shall establish schedules
775 for the administration of statewide, standardized assessments
776 and the reporting of student assessment results. The
777 commissioner shall consider the observance of religious and
778 school holidays when developing the schedules. By January 1 of
779 each year, the commissioner shall notify each school district in
780 writing and publish on the department’s website the assessment
781 schedule for, at a minimum, the next 2 school years. The
782 assessment and reporting schedules must provide the earliest
783 possible reporting of student assessment results to the school
784 districts. Assessment results for the statewide, standardized
785 ELA and Mathematics assessments and all statewide, standardized
786 EOC assessments must be made available no later than June 30,
787 except for results for the grade 3 statewide, standardized ELA
788 assessment, which must be made available no later than May 31.
789 Beginning with the 2023-2024 school year, assessment results for
790 the statewide, standardized ELA and Mathematics assessments must
791 be available no later than May 31. School districts shall
792 administer statewide, standardized assessments in accordance
793 with the schedule established by the commissioner.
794 (b) By January of each year, the commissioner shall publish
795 on the department’s website a uniform calendar that includes the
796 assessment and reporting schedules for, at a minimum, the next 2
797 school years. The uniform calendar must be provided to school
798 districts in an electronic format that allows each school
799 district and public school to populate the calendar with, at
800 minimum, the following information for reporting the district
801 assessment schedules under paragraph (d):
802 1. Whether the assessment is a district-required assessment
803 or a state-required assessment.
804 2. The specific date or dates that each assessment will be
805 administered, including administrations of the coordinated
806 screening and progress monitoring system under s. 1008.25(9)(b).
807 3. The time allotted to administer each assessment.
808 4. Whether the assessment is a computer-based assessment or
809 a paper-based assessment.
810 5. The grade level or subject area associated with the
811 assessment.
812 6. The date that the assessment results are expected to be
813 available to teachers and parents.
814 7. The type of assessment, the purpose of the assessment,
815 and the use of the assessment results.
816 8. A glossary of assessment terminology.
817 9. Estimates of average time for administering state
818 required and district-required assessments, by grade level.
819 (c)(d) Each school district shall, by November 1 of each
820 year, establish schedules for the administration of any
821 statewide, standardized assessments and district-required
822 assessments and approve the schedules as an agenda item at a
823 district school board meeting. Each school district shall
824 publish the testing schedules on its website which specify
825 whether an assessment is a state-required or district-required
826 assessment and the grade bands or subject areas associated with
827 the assessments using the uniform calendar, including all
828 information required under paragraph (b), and submit the
829 schedules to the Department of Education by October 1 of each
830 year. Each public school shall publish schedules for statewide,
831 standardized assessments and district-required assessments on
832 its website using the uniform calendar, including all
833 information required under paragraph (b). The school board
834 approved assessment uniform calendar must be included in the
835 parent guide required by s. 1002.23(5).
836 Section 21. Paragraph (b) of subsection (7) and paragraphs
837 (b), (c), and (d) of subsection (9) of section 1008.25, Florida
838 Statutes, are amended to read:
839 1008.25 Public school student progression; student support;
840 coordinated screening and progress monitoring; reporting
841 requirements.—
842 (7) ELIMINATION OF SOCIAL PROMOTION.—
843 (b) The district school board may only exempt students from
844 mandatory retention, as provided in paragraph (5)(c), for good
845 cause. A student promoted to grade 4 with a good cause exemption
846 shall be provided intensive reading instruction and intervention
847 that include specialized diagnostic information and specific
848 reading strategies to meet the needs of each student so
849 promoted. The school district shall assist schools and teachers
850 with the implementation of explicit, systematic, and
851 multisensory reading instruction and intervention strategies for
852 students promoted with a good cause exemption which research has
853 shown to be successful in improving reading among students who
854 have reading difficulties. Upon the request of the parent, the
855 teacher or school administrator shall meet to discuss the
856 student’s progress. The parent may request more frequent
857 notification of the student’s progress, more frequent
858 interventions or supports, and earlier implementation of the
859 additional interventions or supports described in the initial
860 notification. Good cause exemptions are limited to the
861 following:
862 1. Limited English proficient students who have had less
863 than 2 years of instruction in an English for Speakers of Other
864 Languages program based on the initial date of entry into a
865 school in the United States.
866 2. Students with disabilities whose individual education
867 plan indicates that participation in the statewide assessment
868 program is not appropriate, consistent with the requirements of
869 s. 1008.212.
870 3. Students who demonstrate an acceptable level of
871 performance on an alternative standardized reading or English
872 Language Arts assessment approved by the State Board of
873 Education.
874 4. Students who demonstrate through a student portfolio
875 that they are performing at least at Level 2 on the statewide,
876 standardized English Language Arts assessment.
877 5. Students with disabilities who take the statewide,
878 standardized English Language Arts assessment and who have an
879 individual education plan or a Section 504 plan that reflects
880 that the student has received intensive instruction in reading
881 or English Language Arts for more than 2 years but still
882 demonstrates a deficiency and was previously retained in
883 prekindergarten, kindergarten, grade 1, grade 2, or grade 3.
884 6. Students who have received intensive reading
885 intervention for 2 or more years but still demonstrate a
886 deficiency in reading and who were previously retained in
887 kindergarten, grade 1, grade 2, or grade 3 for a total of 2
888 years. A student may not be retained more than once in grade 3.
889 7. Students who have scored a level 2 or higher on both the
890 initial and midyear administrations of the coordinated screening
891 and progress monitoring system.
892 (9) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
893 (b) Beginning with the 2022-2023 school year, private
894 Voluntary Prekindergarten Education Program providers and public
895 schools must participate in the coordinated screening and
896 progress monitoring system pursuant to this paragraph.
897 1. For students in the school-year Voluntary
898 Prekindergarten Education Program through grade 2, the
899 coordinated screening and progress monitoring system must be
900 administered at least three times within a school year, with the
901 first administration occurring no later than the first 30
902 instructional days after a student’s enrollment or the start of
903 the school year, the second administration occurring midyear,
904 and the third administration occurring within the last 30 days
905 of the school year pursuant to state board rule. The state board
906 may adopt alternate timeframes to address nontraditional school
907 year calendars to ensure the coordinated screening and progress
908 monitoring program is administered a minimum of three times
909 within a year.
910 2. For students in the summer prekindergarten program, the
911 coordinated screening and progress monitoring system must be
912 administered two times, with the first administration occurring
913 no later than the first 10 instructional days after a student’s
914 enrollment or the start of the summer prekindergarten program,
915 and the final administration occurring within the last 10 days
916 of the summer prekindergarten program pursuant to state board
917 rule.
918 3. For grades 3 through 10 English Language Arts and grades
919 3 through 8 Mathematics, the coordinated screening and progress
920 monitoring system must be administered at the beginning, middle,
921 and end of the school year pursuant to state board rule. The
922 end-of-year administration of the coordinated screening and
923 progress monitoring system must be a comprehensive progress
924 monitoring assessment administered in accordance with the
925 scheduling requirements under s. 1008.22(7)(b) s. 1008.22(7)(c).
926 (c) To facilitate timely interventions and supports
927 pursuant to subsection (4), the system must provide results from
928 the first two administrations of the progress monitoring to a
929 student’s teacher or prekindergarten instructor within 1 week
930 and to the student’s parent within 2 weeks after the
931 administration of the progress monitoring. Delivery of results
932 from the comprehensive, end-of-year progress monitoring ELA
933 assessment for grades 3 through 10 and Mathematics assessment
934 for grades 3 through 8 must be in accordance with s.
935 1008.22(7)(g) s. 1008.22(7)(h).
936 1. A student’s results from the coordinated screening and
937 progress monitoring system must be recorded in a written, easy
938 to-comprehend individual student report. Each school district
939 shall provide a parent secure access to his or her child’s
940 individual student reports through a web-based portal as part of
941 its student information system. Each early learning coalition
942 shall provide parents the individual student report in a format
943 determined by state board rule.
944 2. In addition to the information under subparagraph (a)5.,
945 the report must also include parent resources that explain the
946 purpose of progress monitoring, assist the parent in
947 interpreting progress monitoring results, and support informed
948 parent involvement. Parent resources may include personalized
949 video formats.
950 3. The department shall annually update school districts
951 and early learning coalitions on new system features and
952 functionality and collaboratively identify with school districts
953 and early learning coalitions strategies for meaningfully
954 reporting to parents results from the coordinated screening and
955 progress monitoring system. The department shall develop ways to
956 increase the utilization, by instructional staff and parents, of
957 student assessment data and resources.
958 4. An individual student report must be provided in a
959 printed format upon a parent’s request.
960 (d) Screening and progress monitoring system results,
961 including the number of students who demonstrate characteristics
962 of dyslexia and dyscalculia, shall be reported to the department
963 pursuant to state board rule and maintained in the department’s
964 Education Data Warehouse. Results must be provided to a
965 student’s teacher and parent in a timely manner as required in
966 s. 1008.22(7)(f) s. 1008.22(7)(g).
967 Section 22. Paragraph (c) of subsection (3) and subsection
968 (5) of section 1008.33, Florida Statutes, are amended to read:
969 1008.33 Authority to enforce public school improvement.—
970 (3)
971 (c) The state board shall adopt by rule a differentiated
972 matrix of intervention and support strategies for assisting
973 traditional public schools identified under this section and
974 rules for implementing s. 1002.33(9)(n), relating to charter
975 schools. The intervention and support strategies must address
976 student performance and may include improvement planning;
977 leadership quality improvement; educator quality improvement;
978 professional learning; curriculum review, pacing, and alignment
979 across grade levels to improve background knowledge in social
980 studies, science, and the arts; and the use of continuous
981 improvement and monitoring plans and processes. In addition, the
982 state board may prescribe reporting requirements to review and
983 monitor the progress of the schools. The rule must define the
984 intervention and support strategies for school improvement for
985 schools earning a grade of “D” or “F” and the roles for the
986 district and department. A school may not be required to use the
987 measure of student learning growth in s. 1012.34(7) as the sole
988 determinant to recruit instructional personnel. The rule must
989 create a timeline for a school district’s school improvement
990 plan or district-managed turnaround plan to be approved and for
991 the school improvement funds under Title I to be released to the
992 school district. The timeline established in rule for the
993 release of school improvement funding under Title I may not
994 exceed 20 calendar days after the approval of the school
995 improvement plan or district-managed turnaround plan.
996 (5) The state board shall adopt rules pursuant to ss.
997 120.536(1) and 120.54 to administer this section. The rules
998 shall include timelines for submission of implementation plans,
999 approval criteria for implementation plans, timelines for
1000 releasing Title I funding, implementing intervention and support
1001 strategies, a standard charter school turnaround contract, a
1002 standard facility lease, and a mutual management agreement. The
1003 state board shall consult with education stakeholders in
1004 developing the rules.
1005 Section 23. Paragraph (e) is added to subsection (2) of
1006 section 1010.20, Florida Statutes, to read:
1007 1010.20 Cost accounting and reporting for school
1008 districts.—
1009 (2) COST REPORTING.—
1010 (e) Each charter school shall receive and respond to
1011 monitoring questions from the department.
1012 Section 24. Subsections (2) and (4) of section 1011.035,
1013 Florida Statutes, are amended to read:
1014 1011.035 School district fiscal transparency.—
1015 (2) Each district school board shall post on its website:
1016 (a) A plain language version of each proposed, tentative,
1017 and official budget which describes each budget item in terms
1018 that are easily understandable to the public and includes:
1019 (a) Graphical representations, for each public school
1020 within the district and for the school district, of the
1021 following:
1022 1. Summary financial efficiency data.
1023 2. Fiscal trend information for the previous 3 years on:
1024 a. The ratio of full-time equivalent students to full-time
1025 equivalent instructional personnel.
1026 b. The ratio of full-time equivalent students to full-time
1027 equivalent administrative personnel.
1028 c. The total operating expenditures per full-time
1029 equivalent student.
1030 d. The total instructional expenditures per full-time
1031 equivalent student.
1032 e. The general administrative expenditures as a percentage
1033 of total budget.
1034 f. The rate of change in the general fund’s ending fund
1035 balance not classified as restricted.
1036 (b) A link to the web-based fiscal transparency tool
1037 developed by the department pursuant to s. 1010.20 to enable
1038 taxpayers to evaluate the financial efficiency of the school
1039 district and compare the financial efficiency of the school
1040 district with other similarly situated school districts.
1041
1042 This information must be prominently posted on the school
1043 district’s website in a manner that is readily accessible to the
1044 public.
1045 (4) The website should contain links to:
1046 (a) Help explain or provide background information on
1047 various budget items that are required by state or federal law.
1048 (b) Allow users to navigate to related sites to view
1049 supporting details.
1050 (c) enable taxpayers, parents, and education advocates to
1051 send e-mails asking questions about the budget and enable others
1052 to view the questions and responses.
1053 Section 25. Subsection (1) of section 1011.14, Florida
1054 Statutes, is amended to read:
1055 1011.14 Obligations for a period of 1 year.—District school
1056 boards are authorized only under the following conditions to
1057 create obligations by way of anticipation of budgeted revenues
1058 accruing on a current basis without pledging the credit of the
1059 district or requiring future levy of taxes for certain purposes
1060 for a period of 1 year; however, such obligations may be
1061 extended from year to year with the consent of the lender for a
1062 period not to exceed 4 years, or for a total of 5 years
1063 including the initial year of the loan:
1064 (1) PURPOSES.—The purposes for which such obligations may
1065 be incurred within the intent of this section shall include only
1066 the purchase of school buses, land, and equipment for
1067 educational purposes; the erection of, alteration to, or
1068 addition to educational plants, ancillary plants, and auxiliary
1069 facilities; and the adjustment of insurance on educational
1070 property on a 5-year plan, as provided by rules of the State
1071 Board of Education.
1072 Section 26. Subsection (2) of section 1011.60, Florida
1073 Statutes, is amended to read:
1074 1011.60 Minimum requirements of the Florida Education
1075 Finance Program.—Each district which participates in the state
1076 appropriations for the Florida Education Finance Program shall
1077 provide evidence of its effort to maintain an adequate school
1078 program throughout the district and shall meet at least the
1079 following requirements:
1080 (2) MINIMUM TERM.—Operate all schools for a term of 180
1081 actual teaching days or the equivalent on an hourly basis as
1082 specified by rules of the State Board of Education each school
1083 year. The State Board of Education may prescribe procedures for
1084 altering, and, upon written application, may alter, this
1085 requirement during a national, state, or local emergency as it
1086 may apply to an individual school or schools in any district or
1087 districts if the district school board certifies to the
1088 Commissioner of Education that if, in the opinion of the board,
1089 it is not necessary feasible to make up lost days or hours, and
1090 the apportionment may, at the discretion of the Commissioner of
1091 Education and if the board determines that the reduction of
1092 school days or hours is caused by the existence of a bona fide
1093 emergency, be reduced for such district or districts in
1094 proportion to the decrease in the length of term in any such
1095 school or schools. A strike, as defined in s. 447.203(6), by
1096 employees of the school district may not be considered an
1097 emergency.
1098 Section 27. Paragraph (o) of subsection (1) of section
1099 1011.62, Florida Statutes, is amended to read:
1100 1011.62 Funds for operation of schools.—If the annual
1101 allocation from the Florida Education Finance Program to each
1102 district for operation of schools is not determined in the
1103 annual appropriations act or the substantive bill implementing
1104 the annual appropriations act, it shall be determined as
1105 follows:
1106 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1107 OPERATION.—The following procedure shall be followed in
1108 determining the annual allocation to each district for
1109 operation:
1110 (o) Calculation of additional full-time equivalent
1111 membership based on successful completion of a career-themed
1112 course pursuant to ss. 1003.491-1003.493, or courses with
1113 embedded CAPE industry certifications or CAPE Digital Tool
1114 certificates, and issuance of industry certification identified
1115 on the CAPE Industry Certification Funding List pursuant to
1116 rules adopted by the State Board of Education or CAPE Digital
1117 Tool certificates pursuant to s. 1003.4203.—
1118 1.a. A value of 0.025 full-time equivalent student
1119 membership shall be calculated for CAPE Digital Tool
1120 certificates earned by students in elementary and middle school
1121 grades.
1122 b. A value of 0.1 or 0.2 full-time equivalent student
1123 membership shall be calculated for each student who completes a
1124 course as defined in s. 1003.493(1)(b) or courses with embedded
1125 CAPE industry certifications and who is issued an industry
1126 certification identified annually on the CAPE Industry
1127 Certification Funding List approved under rules adopted by the
1128 State Board of Education. A value of 0.2 full-time equivalent
1129 membership shall be calculated for each student who is issued a
1130 CAPE industry certification that has a statewide articulation
1131 agreement for college credit approved by the State Board of
1132 Education. For CAPE industry certifications that do not
1133 articulate for college credit, the Department of Education shall
1134 assign a full-time equivalent value of 0.1 for each
1135 certification. Middle grades students who earn additional FTE
1136 membership for a CAPE Digital Tool certificate pursuant to sub
1137 subparagraph a. may not rely solely on the previously funded
1138 examination to satisfy the requirements for earning an industry
1139 certification under this sub-subparagraph. The State Board of
1140 Education shall include the assigned values on the CAPE Industry
1141 Certification Funding List under rules adopted by the state
1142 board. Such value shall be added to the total full-time
1143 equivalent student membership for grades 6 through 12 in the
1144 subsequent year. CAPE industry certifications earned through
1145 dual enrollment must be reported and funded pursuant to s.
1146 1011.80. However, if a student earns a certification through a
1147 dual enrollment course and the certification is not a fundable
1148 certification on the postsecondary certification funding list,
1149 or the dual enrollment certification is earned as a result of an
1150 agreement between a school district and a nonpublic
1151 postsecondary institution, the bonus value shall be funded in
1152 the same manner as other nondual enrollment course industry
1153 certifications. In such cases, the school district may provide
1154 for an agreement between the high school and the technical
1155 center, or the school district and the postsecondary institution
1156 may enter into an agreement for equitable distribution of the
1157 bonus funds.
1158 c. A value of 0.3 full-time equivalent student membership
1159 shall be calculated for student completion of at least three
1160 courses and an industry certification in a single career and
1161 technical education program or program of study.
1162 d. A value of 0.5 full-time equivalent student membership
1163 shall be calculated for CAPE Acceleration Industry
1164 Certifications that articulate for 15 to 29 college credit
1165 hours, and 1.0 full-time equivalent student membership shall be
1166 calculated for CAPE Acceleration Industry Certifications that
1167 articulate for 30 or more college credit hours pursuant to CAPE
1168 Acceleration Industry Certifications approved by the
1169 commissioner pursuant to ss. 1003.4203(4) and 1008.44.
1170 2. Each district must allocate at least 80 percent of the
1171 funds provided for CAPE industry certification, in accordance
1172 with this paragraph, to the program that generated the funds,
1173 and any remaining funds provided for CAPE industry certification
1174 for school district career and technical education programs.
1175 This allocation may not be used to supplant funds provided for
1176 basic operation of the program.
1177 3. For CAPE industry certifications earned in the 2013-2014
1178 school year and in subsequent years, the school district shall
1179 distribute to each classroom teacher who provided direct
1180 instruction toward the attainment of a CAPE industry
1181 certification that qualified for additional full-time equivalent
1182 membership under subparagraph 1.:
1183 a. A bonus of $25 for each student taught by a teacher who
1184 provided instruction in a course that led to the attainment of a
1185 CAPE industry certification on the CAPE Industry Certification
1186 Funding List with a weight of 0.1.
1187 b. A bonus of $50 for each student taught by a teacher who
1188 provided instruction in a course that led to the attainment of a
1189 CAPE industry certification on the CAPE Industry Certification
1190 Funding List with a weight of 0.2.
1191 c. A bonus of $75 for each student taught by a teacher who
1192 provided instruction in a course that led to the attainment of a
1193 CAPE industry certification on the CAPE Industry Certification
1194 Funding List with a weight of 0.3.
1195 d. A bonus of $100 for each student taught by a teacher who
1196 provided instruction in a course that led to the attainment of a
1197 CAPE industry certification on the CAPE Industry Certification
1198 Funding List with a weight of 0.5 or 1.0.
1199
1200 Bonuses awarded pursuant to this paragraph shall be provided to
1201 teachers who are employed by the district in the year in which
1202 the additional FTE membership calculation is included in the
1203 calculation. Bonuses shall be calculated based upon the
1204 associated weight of a CAPE industry certification on the CAPE
1205 Industry Certification Funding List for the year in which the
1206 certification is earned by the student. Any bonus awarded to a
1207 teacher pursuant to this paragraph is in addition to any regular
1208 wage or other bonus the teacher received or is scheduled to
1209 receive. A bonus may not be awarded to a teacher who fails to
1210 maintain the security of any CAPE industry certification
1211 examination or who otherwise violates the security or
1212 administration protocol of any assessment instrument that may
1213 result in a bonus being awarded to the teacher under this
1214 paragraph.
1215 Section 28. Paragraph (b) of subsection (3) of section
1216 1011.6202, Florida Statutes, is amended to read:
1217 1011.6202 Principal Autonomy Program Initiative.—The
1218 Principal Autonomy Program Initiative is created within the
1219 Department of Education. The purpose of the program is to
1220 provide a highly effective principal of a participating school
1221 with increased autonomy and authority to operate his or her
1222 school, as well as other schools, in a way that produces
1223 significant improvements in student achievement and school
1224 management while complying with constitutional requirements. The
1225 State Board of Education may, upon approval of a principal
1226 autonomy proposal, enter into a performance contract with the
1227 district school board for participation in the program.
1228 (3) EXEMPTION FROM LAWS.—
1229 (b) A participating school or a school operated by a
1230 principal pursuant to subsection (5) shall comply with the
1231 provisions of chapters 1000-1013, and rules of the state board
1232 that implement those provisions, pertaining to the following:
1233 1. Those laws relating to the election and compensation of
1234 district school board members, the election or appointment and
1235 compensation of district school superintendents, public meetings
1236 and public records requirements, financial disclosure, and
1237 conflicts of interest.
1238 2. Those laws relating to the student assessment program
1239 and school grading system, including chapter 1008.
1240 3. Those laws relating to the provision of services to
1241 students with disabilities.
1242 4. Those laws relating to civil rights, including s.
1243 1000.05, relating to discrimination.
1244 5. Those laws relating to student health, safety, and
1245 welfare.
1246 6. Section 1001.42(4)(f), relating to the uniform opening
1247 date for public schools.
1248 7. Section 1003.03, governing maximum class size, except
1249 that the calculation for compliance pursuant to s. 1003.03 is
1250 the average at the school level for a participating school.
1251 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
1252 compensation and salary schedules.
1253 9. Section 1012.33(5), relating to workforce reductions for
1254 annual contracts for instructional personnel. This subparagraph
1255 does not apply to at-will employees.
1256 10. Section 1012.335, relating to annual or instructional
1257 multiyear contracts for instructional personnel hired on or
1258 after July 1, 2011. This subparagraph does not apply to at-will
1259 employees.
1260 11. Section 1012.34, relating to personnel evaluation
1261 procedures and criteria.
1262 12. Those laws pertaining to educational facilities,
1263 including chapter 1013, except that s. 1013.20, relating to
1264 covered walkways for relocatables, is eligible for exemption.
1265 13. Those laws pertaining to participating school
1266 districts, including this section and ss. 1011.69(2) and
1267 1012.28(8).
1268 Section 29. Subsection (4) of section 1011.69, Florida
1269 Statutes, is amended, and subsection (5) is added to that
1270 section, to read:
1271 1011.69 Equity in School-Level Funding Act.—
1272 (4) After providing Title I, Part A, Basic funds to schools
1273 above the 75 percent poverty threshold, which may include high
1274 schools above the 50 percent threshold as permitted by federal
1275 law, school districts shall provide any remaining Title I, Part
1276 A, Basic funds directly to all eligible schools as provided in
1277 this subsection. For purposes of this subsection, an eligible
1278 school is a school that is eligible to receive Title I funds,
1279 including a charter school. The threshold for identifying
1280 eligible schools may not exceed the threshold established by a
1281 school district for the 2016-2017 school year or the statewide
1282 percentage of economically disadvantaged students, as determined
1283 annually.
1284 (a) Prior to the allocation of Title I funds to eligible
1285 schools, a school district may withhold funds only as follows:
1286 1. One percent for parent involvement, in addition to the
1287 one percent the district must reserve under federal law for
1288 allocations to eligible schools for parent involvement;
1289 2. A necessary and reasonable amount for administration
1290 which includes the district’s indirect cost rate, not to exceed
1291 a total of 10 percent;
1292 3. A reasonable and necessary amount to provide:
1293 a. Homeless programs;
1294 b. Delinquent and neglected programs;
1295 c. Prekindergarten programs and activities;
1296 d. Private school equitable services; and
1297 e. Transportation for foster care children to their school
1298 of origin or choice programs;
1299 4. Up to 5 percent to provide financial incentives and
1300 rewards to teachers who serve students in eligible schools,
1301 including charter schools, identified for comprehensive support
1302 and improvement activities or targeted support and improvement
1303 activities, for the purpose of attracting and retaining
1304 qualified and effective teachers, including teachers of any
1305 subject or grade level for whom a measurement under s.
1306 1012.34(7) or a state-approved Alternative Student Growth Model
1307 is unavailable; and
1308 5.4. A necessary and reasonable amount, not to exceed 1
1309 percent, for eligible schools, including charter schools, to
1310 provide educational services in accordance with the approved
1311 Title I plan. Such educational services may include the
1312 provision of STEM curricula, instructional materials, and
1313 related learning technologies that support academic achievement
1314 in science, technology, engineering, and mathematics in Title I
1315 schools, including, but not limited to, technologies related to
1316 drones, coding, animation, artificial intelligence,
1317 cybersecurity, data science, the engineering design process,
1318 mobile development, and robotics. Funds may be reserved under
1319 this subparagraph only to the extent that all required
1320 reservations under federal law have been met and that such
1321 reservation does not reduce school-level allocations below the
1322 levels required under federal law.
1323 (b) All remaining Title I funds shall be distributed to all
1324 eligible schools in accordance with federal law and regulation.
1325 An eligible school may use funds under this subsection to
1326 participate in discretionary educational services provided by
1327 the school district. Any funds provided by an eligible school to
1328 participate in discretionary educational services provided by
1329 the school district are not subject to the requirements of this
1330 subsection.
1331 (c) Any funds carried forward by the school district are
1332 not subject to the requirements of this subsection.
1333 (5) The Department of Education shall make funds from Title
1334 I, Title II, and Title III programs available to local education
1335 agencies for the full period of availability provided in federal
1336 law.
1337 Section 30. Paragraphs (c), (e), and (h) of subsection (2)
1338 of section 1011.71, Florida Statutes, are amended to read:
1339 1011.71 District school tax.—
1340 (2) In addition to the maximum millage levy as provided in
1341 subsection (1), each school board may levy not more than 1.5
1342 mills against the taxable value for school purposes for charter
1343 schools pursuant to s. 1013.62(1) and (3) and for district
1344 schools to fund:
1345 (c) The purchase, lease-purchase, or lease of school buses
1346 or other motor vehicles regularly used for the transportation of
1347 prekindergarten disability program and K-12 public school
1348 students to and from school or to and from school activities,
1349 and owned, operated, rented, contracted, or leased by any
1350 district school board.
1351 (e) Payments for educational plants, ancillary plants, and
1352 auxiliary facilities and sites due under a lease-purchase
1353 agreement entered into by a district school board pursuant to s.
1354 1003.02(1)(f) or s. 1013.15(2), not exceeding, in the aggregate,
1355 an amount equal to three-fourths of the proceeds from the
1356 millage levied by a district school board pursuant to this
1357 subsection. The three-fourths limit is waived for lease-purchase
1358 agreements entered into before June 30, 2009, by a district
1359 school board pursuant to this paragraph. If payments under
1360 lease-purchase agreements in the aggregate, including lease
1361 purchase agreements entered into before June 30, 2009, exceed
1362 three-fourths of the proceeds from the millage levied pursuant
1363 to this subsection, the district school board may not withhold
1364 the administrative fees authorized by s. 1002.33(20) from any
1365 charter school operating in the school district.
1366 (h) Payment of costs of leasing relocatable educational
1367 plants, ancillary plants, and auxiliary facilities, of renting
1368 or leasing educational plants, ancillary plants, and auxiliary
1369 facilities and sites pursuant to s. 1013.15(2), or of renting or
1370 leasing buildings or space within existing buildings pursuant to
1371 s. 1013.15(4).
1372 Section 31. Paragraph (c) of subsection (1) and paragraph
1373 (a) of subsection (3) of section 1012.22, Florida Statutes, are
1374 amended to read:
1375 1012.22 Public school personnel; powers and duties of the
1376 district school board.—The district school board shall:
1377 (1) Designate positions to be filled, prescribe
1378 qualifications for those positions, and provide for the
1379 appointment, compensation, promotion, suspension, and dismissal
1380 of employees as follows, subject to the requirements of this
1381 chapter:
1382 (c) Compensation and salary schedules.—
1383 1. Definitions.—As used in this paragraph:
1384 a. “Adjustment” means an addition to the base salary
1385 schedule that is not a bonus and becomes part of the employee’s
1386 permanent base salary and shall be considered compensation under
1387 s. 121.021(22).
1388 b. “Grandfathered salary schedule” means the salary
1389 schedule or schedules adopted by a district school board before
1390 July 1, 2014, pursuant to subparagraph 4.
1391 c. “Instructional personnel” means instructional personnel
1392 as defined in s. 1012.01(2)(a)-(d), excluding substitute
1393 teachers.
1394 d. “Performance salary schedule” means the salary schedule
1395 or schedules adopted by a district school board pursuant to
1396 subparagraph 5.
1397 e. “Salary schedule” means the schedule or schedules used
1398 to provide the base salary for district school board personnel.
1399 f. “School administrator” means a school administrator as
1400 defined in s. 1012.01(3)(c).
1401 g. “Supplement” means an annual addition to the base salary
1402 for the term of the negotiated supplement as long as the
1403 employee continues his or her employment for the purpose of the
1404 supplement. A supplement does not become part of the employee’s
1405 continuing base salary but shall be considered compensation
1406 under s. 121.021(22).
1407 2. Cost-of-living adjustment.—A district school board may
1408 provide a cost-of-living salary adjustment if the adjustment:
1409 a. Does not discriminate among comparable classes of
1410 employees based upon the salary schedule under which they are
1411 compensated.
1412 b. Does not exceed 50 percent of the annual adjustment
1413 provided to instructional personnel rated as effective.
1414 3. Advanced degrees.—A district school board may use
1415 advanced degrees in setting a salary schedule for instructional
1416 personnel or school administrators if the advanced degree is
1417 held in the individual’s area of certification, a field related
1418 to their teaching assignment, or a related field of study. For
1419 the purposes of the salary schedule, an advanced degree may
1420 include a master’s degree or higher in the area of certification
1421 or teaching assignment, or an advanced degree in another field
1422 with a minimum of 18 graduate semester hours related to the area
1423 of certification or teaching assignment.
1424 4. Grandfathered salary schedule.—
1425 a. The district school board shall adopt a salary schedule
1426 or salary schedules to be used as the basis for paying all
1427 school employees hired before July 1, 2014. Instructional
1428 personnel on annual contract as of July 1, 2014, shall be placed
1429 on the performance salary schedule adopted under subparagraph 4.
1430 5. Instructional personnel on continuing contract or
1431 professional service contract may opt into the performance
1432 salary schedule if the employee relinquishes such contract and
1433 agrees to be employed on an annual contract under s. 1012.335.
1434 Such an employee shall be placed on the performance salary
1435 schedule and may not return to continuing contract or
1436 professional service contract status. Any employee who opts into
1437 the performance salary schedule may not return to the
1438 grandfathered salary schedule.
1439 b. In determining the grandfathered salary schedule for
1440 instructional personnel, a district school board must base a
1441 portion of each employee’s compensation upon performance
1442 demonstrated under s. 1012.34 and shall provide differentiated
1443 pay for both instructional personnel and school administrators
1444 based upon district-determined factors, including, but not
1445 limited to, additional responsibilities, school demographics,
1446 critical shortage areas, and level of job performance
1447 difficulties.
1448 5. Performance salary schedule.—By July 1, 2014, the
1449 district school board shall adopt a performance salary schedule
1450 that provides annual salary adjustments for instructional
1451 personnel and school administrators based upon performance
1452 determined under s. 1012.34. Employees hired on or after July 1,
1453 2014, or employees who choose to move from the grandfathered
1454 salary schedule to the performance salary schedule shall be
1455 compensated pursuant to the performance salary schedule once
1456 they have received the appropriate performance evaluation for
1457 this purpose.
1458 a. Base salary.—The base salary shall be established as
1459 follows:
1460 (I) The base salary for instructional personnel or school
1461 administrators who opt into the performance salary schedule
1462 shall be the salary paid in the prior year, including
1463 adjustments only.
1464 (II) Instructional personnel or school administrators new
1465 to the district, returning to the district after a break in
1466 service without an authorized leave of absence, or appointed for
1467 the first time to a position in the district in the capacity of
1468 instructional personnel or school administrator shall be placed
1469 on the performance salary schedule.
1470 b. Salary adjustments.—Salary adjustments for highly
1471 effective or effective performance shall be established as
1472 follows:
1473 (I) The annual salary adjustment under the performance
1474 salary schedule for an employee rated as highly effective must
1475 be at least 25 percent greater than the highest annual salary
1476 adjustment available to an employee of the same classification
1477 through any other salary schedule adopted by the district.
1478 (II) The annual salary adjustment under the performance
1479 salary schedule for an employee rated as effective must be equal
1480 to at least 50 percent and no more than 75 percent of the annual
1481 adjustment provided for a highly effective employee of the same
1482 classification.
1483 (III) A salary schedule may shall not provide an annual
1484 salary adjustment for an employee who receives a rating other
1485 than highly effective or effective for the year.
1486 c. Salary supplements.—In addition to the salary
1487 adjustments, each district school board shall provide for salary
1488 supplements for activities that must include, but are not
1489 limited to:
1490 (I) Assignment to a Title I eligible school.
1491 (II) Assignment to a school that earned a grade of “F” or
1492 three consecutive grades of “D” pursuant to s. 1008.34 such that
1493 the supplement remains in force for at least 1 year following
1494 improved performance in that school.
1495 (III) Certification and teaching in critical teacher
1496 shortage areas. Statewide critical teacher shortage areas shall
1497 be identified by the State Board of Education under s. 1012.07.
1498 However, the district school board may identify other areas of
1499 critical shortage within the school district for purposes of
1500 this sub-sub-subparagraph and may remove areas identified by the
1501 state board which do not apply within the school district.
1502 (IV) Assignment of additional academic responsibilities.
1503
1504 If budget constraints in any given year limit a district school
1505 board’s ability to fully fund all adopted salary schedules, the
1506 performance salary schedule may shall not be reduced on the
1507 basis of total cost or the value of individual awards in a
1508 manner that is proportionally greater than reductions to any
1509 other salary schedules adopted by the district. Any compensation
1510 for longevity of service awarded to instructional personnel who
1511 are on any other salary schedule must be included in calculating
1512 the salary adjustments required by sub-subparagraph b.
1513 (3)(a) Collective bargaining.—Notwithstanding provisions of
1514 chapter 447 related to district school board collective
1515 bargaining, collective bargaining may not preclude a district
1516 school board from carrying out its constitutional and statutory
1517 duties related to the following:
1518 1. Providing incentives to effective and highly effective
1519 teachers.
1520 2. Implementing intervention and support strategies under
1521 s. 1008.33 to address the causes of low student performance and
1522 improve student academic performance and attendance.
1523 3. Implementing student discipline provisions required by
1524 law, including a review of a student’s abilities, past
1525 performance, behavior, and needs.
1526 4. Implementing school safety plans and requirements.
1527 5. Implementing staff and student recognition programs.
1528 6. Distributing correspondence to parents, teachers, and
1529 community members related to the daily operation of schools and
1530 the district.
1531 7. Providing any required notice or copies of information
1532 related to the district school board or district operations
1533 which is readily available on the school district’s website.
1534 8. The school district’s calendar.
1535 9. Providing salary supplements pursuant to sub-sub
1536 subparagraph (1)(c)5.c.(III).
1537 Section 32. Present paragraphs (b) and (c) of subsection
1538 (1) of section 1012.335, Florida Statutes, are redesignated as
1539 paragraphs (c) and (d), respectively, a new paragraph (b) is
1540 added to that subsection, paragraphs (d),(e), and (f) are added
1541 to subsection (2) of that section, and subsections (3) and (4)
1542 of that section are amended, to read:
1543 1012.335 Contracts with instructional personnel hired on or
1544 after July 1, 2011.—
1545 (1) DEFINITIONS.—As used in this section, the term:
1546 (b) “Instructional multiyear contract,” beginning July 1,
1547 2026, means an employment contract for a period not to exceed 3
1548 years which the district school board may choose to award upon
1549 completion of a probationary contract and at least one annual
1550 contract.
1551 (2) EMPLOYMENT.—
1552 (d) An instructional multiyear contract may be awarded,
1553 beginning July 1, 2026, only if the employee:
1554 1. Holds an active professional certificate or temporary
1555 certificate issued pursuant to s. 1012.56 and rules of the State
1556 Board of Education;
1557 2. Has been recommended by the district school
1558 superintendent for the instructional multiyear contract based
1559 upon the individual’s evaluation under s. 1012.34 and approved
1560 by the district school board; and
1561 3. Has not received an annual performance evaluation rating
1562 of unsatisfactory or needs improvement under s. 1012.34.
1563 (e) An employee awarded an instructional multiyear contract
1564 who receives an annual performance evaluation rating of
1565 unsatisfactory or needs improvement under s. 1012.34 must be
1566 returned to an annual contract in the following school year.
1567 Such evaluation rating must be included with the evaluation
1568 ratings under subsequent annual contracts for determinations of
1569 just cause under s. 1012.33.
1570 (f) The award of an instructional multiyear contract does
1571 not remove the authority of the district school superintendent
1572 to reassign a teacher during the term of the contract.
1573 (3) VIOLATION OF ANNUAL OR INSTRUCTIONAL MULTIYEAR
1574 CONTRACT.—Instructional personnel who accept a written offer
1575 from the district school board and who leave their positions
1576 without prior release from the district school board are subject
1577 to the jurisdiction of the Education Practices Commission.
1578 (4) SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON
1579 ANNUAL OR INSTRUCTIONAL MULTIYEAR CONTRACT.—Any instructional
1580 personnel with an annual or instructional multiyear contract may
1581 be suspended or dismissed at any time during the term of the
1582 contract for just cause as provided in subsection (5). The
1583 district school board shall notify the employee in writing
1584 whenever charges are made and may suspend such person without
1585 pay. However, if the charges are not sustained, the employee
1586 must shall be immediately reinstated and his or her back pay
1587 must shall be paid. If the employee wishes to contest the
1588 charges, he or she must, within 15 days after receipt of the
1589 written notice, submit a written request for a hearing to the
1590 district school board. A direct hearing must shall be conducted
1591 by the district school board or a subcommittee thereof within 60
1592 days after receipt of the written appeal. The hearing must shall
1593 be conducted in accordance with ss. 120.569 and 120.57. A
1594 majority vote of the membership of the district school board
1595 shall be required to sustain the district school
1596 superintendent’s recommendation. The district school board’s
1597 determination is final as to the sufficiency or insufficiency of
1598 the grounds for suspension without pay or dismissal. Any such
1599 decision adverse to the employee may be appealed by the employee
1600 pursuant to s. 120.68.
1601 Section 33. Paragraphs (a) and (b) of subsection (1) and
1602 paragraph (a) of subsection (3) of section 1012.34, Florida
1603 Statutes, are amended, and paragraph (c) is added to subsection
1604 (7) of that section, to read:
1605 1012.34 Personnel evaluation procedures and criteria.—
1606 (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
1607 (a) For the purpose of increasing student academic
1608 performance by improving the quality of instructional,
1609 administrative, and supervisory services in the public schools
1610 of this the state, the district school superintendent shall
1611 establish procedures for evaluating the performance of duties
1612 and responsibilities of all instructional, administrative, and
1613 supervisory personnel employed by the school district. The
1614 procedures and requirements in subsection (3) must be
1615 established by the district school superintendent and approved
1616 by the district school board, must set the standards of service
1617 to be offered to the public within the meaning of s. 447.209,
1618 and are not subject to collective bargaining. The district
1619 school superintendent shall provide instructional personnel the
1620 opportunity to review their class rosters for accuracy and to
1621 correct any mistakes. The district school superintendent shall
1622 report accurate class rosters for the purpose of calculating
1623 district and statewide student performance and annually report
1624 the evaluation results of instructional personnel and school
1625 administrators to the Department of Education in addition to the
1626 information required under subsection (5).
1627 (b) The district school superintendent shall submit the
1628 district instructional personnel and school administrator
1629 evaluation systems to the department whenever the evaluation
1630 systems in subsection (2) are amended department must approve
1631 each school district’s instructional personnel and school
1632 administrator evaluation systems. The department shall monitor
1633 each district’s implementation of its instructional personnel
1634 and school administrator evaluation systems for compliance with
1635 the requirements of this section.
1636 (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
1637 personnel and school administrator performance evaluations must
1638 be based upon the performance of students assigned to their
1639 classrooms or schools, as provided in this section. Pursuant to
1640 this section, a school district’s performance evaluation system
1641 is not limited to basing unsatisfactory performance of
1642 instructional personnel and school administrators solely upon
1643 student performance, but may include other criteria to evaluate
1644 instructional personnel and school administrators’ performance,
1645 or any combination of student performance and other criteria.
1646 Evaluation procedures and criteria must comply with, but are not
1647 limited to, the following:
1648 (a) A performance evaluation must be conducted for each
1649 employee at least once a year, except that a classroom teacher,
1650 as defined in s. 1012.01(2)(a), excluding substitute teachers,
1651 who is newly hired by the district school board must be observed
1652 and evaluated at least twice in the first year of teaching in
1653 the school district. The performance evaluation must be based
1654 upon sound educational principles and contemporary research in
1655 effective educational practices. The evaluation criteria must
1656 include:
1657 1. Performance of students.—At least one-half one-third of
1658 a performance evaluation must be based upon data and indicators
1659 of student performance, as determined by each school district.
1660 This portion of the evaluation must include growth or
1661 achievement data of the teacher’s students or, for a school
1662 administrator, the students attending the school over the course
1663 of at least 3 years. If less than 3 years of data are available,
1664 the years for which data are available must be used. The
1665 proportion of growth or achievement data may be determined by
1666 instructional assignment.
1667 2. Instructional practice.—For instructional personnel, at
1668 least one-third of the performance evaluation must be based upon
1669 instructional practice. Evaluation criteria used when annually
1670 observing classroom teachers, as defined in s. 1012.01(2)(a),
1671 excluding substitute teachers, must include indicators based
1672 upon each of the Florida Educator Accomplished Practices adopted
1673 by the State Board of Education. For instructional personnel who
1674 are not classroom teachers, evaluation criteria must be based
1675 upon indicators of the Florida Educator Accomplished Practices
1676 and may include specific job expectations related to student
1677 support. This section does not preclude a school administrator
1678 from visiting and observing classroom teachers throughout the
1679 school year for purposes of providing mentorship, training,
1680 instructional feedback, or professional learning.
1681 3. Instructional leadership.—For school administrators, at
1682 least one-third of the performance evaluation must be based on
1683 instructional leadership. Evaluation criteria for instructional
1684 leadership must include indicators based upon each of the
1685 leadership standards adopted by the State Board of Education
1686 under s. 1012.986, including performance measures related to the
1687 effectiveness of classroom teachers in the school, the
1688 administrator’s appropriate use of evaluation criteria and
1689 procedures, recruitment and retention of effective and highly
1690 effective classroom teachers, improvement in the percentage of
1691 instructional personnel evaluated at the highly effective or
1692 effective level, and other leadership practices that result in
1693 student learning growth. The system may include a means to give
1694 parents and instructional personnel an opportunity to provide
1695 input into the administrator’s performance evaluation.
1696 4. Other indicators of performance.—For instructional
1697 personnel and school administrators, the remainder of a
1698 performance evaluation may include, but is not limited to,
1699 professional and job responsibilities as recommended by the
1700 State Board of Education or identified by the district school
1701 board and, for instructional personnel, peer reviews,
1702 objectively reliable survey information from students and
1703 parents based on teaching practices that are consistently
1704 associated with higher student achievement, and other valid and
1705 reliable measures of instructional practice.
1706 (7) MEASUREMENT OF STUDENT PERFORMANCE.—
1707 (c) The measurement of student learning growth under
1708 paragraph (a) may not be the sole determinant for any incentive
1709 pay for instructional personnel or school administrators.
1710 Section 34. Paragraph (c) of subsection (1) of section
1711 1012.39, Florida Statutes, is amended to read:
1712 1012.39 Employment of substitute teachers, teachers of
1713 adult education, nondegreed teachers of career education, and
1714 career specialists; students performing clinical field
1715 experience.—
1716 (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
1717 1012.57, or any other provision of law or rule to the contrary,
1718 each district school board shall establish the minimal
1719 qualifications for:
1720 (c) Part-time and full-time nondegreed teachers of career
1721 programs. Qualifications must be established for nondegreed
1722 teachers of career and technical education courses for program
1723 clusters that are recognized in the state and are based
1724 primarily on successful occupational experience rather than
1725 academic training. The qualifications for such teachers must
1726 require:
1727 1. The filing of a complete set of fingerprints in the same
1728 manner as required by s. 1012.32. Faculty employed solely to
1729 conduct postsecondary instruction may be exempted from this
1730 requirement.
1731 2. Documentation of education and successful occupational
1732 experience, including documentation of:
1733 a. A high school diploma or the equivalent.
1734 b. Completion of a minimum level, established by the
1735 district school board, 3 years of full-time successful
1736 occupational experience or the equivalent of part-time
1737 experience in the teaching specialization area. The district
1738 school board may establish alternative qualifications for
1739 teachers with an industry certification in the career area in
1740 which they teach.
1741 c. For full-time teachers, completion of professional
1742 education training in teaching methods, course construction,
1743 lesson planning and evaluation, and teaching special needs
1744 students. This training may be completed through coursework from
1745 an accredited or approved institution or an approved district
1746 teacher education program, or the local school district
1747 inservice master plan.
1748 d. Documentation of industry certification when state or
1749 national industry certifications are available and applicable.
1750 Section 35. Paragraphs (a), (b), (d), and (e) of subsection
1751 (2) of section 1012.555, Florida Statutes, are amended to read:
1752 1012.555 Teacher Apprenticeship Program.—
1753 (2)(a) An individual must meet the following minimum
1754 eligibility requirements to participate in the apprenticeship
1755 program:
1756 1. Be enrolled in or have completed Have received an
1757 associate degree program at from an accredited postsecondary
1758 institution.
1759 2. Have earned a cumulative grade point average of 2.5 in
1760 that degree program.
1761 3. Have successfully passed a background screening as
1762 provided in s. 1012.32.
1763 4. Have received a temporary apprenticeship certificate as
1764 provided in s. 1012.56(7)(d).
1765 (b) As a condition of participating in the program, an
1766 apprentice teacher must commit to spending at least the first 2
1767 years in the classroom of a mentor teacher using team teaching
1768 strategies identified in s. 1003.03(4)(b) s. 1003.03(5)(b) and
1769 fulfilling the on-the-job training component of the registered
1770 apprenticeship and its associated standards.
1771 (d) An apprentice teacher must be appointed by the district
1772 school board or work in the district as an education
1773 paraprofessional and must be paid in accordance with s. 446.032
1774 and rules adopted by the State Board of Education.
1775 (e) An apprentice teacher may change schools or districts
1776 after the first year of his or her apprenticeship if the
1777 receiving hiring school or district has agreed to fund the
1778 remaining year of the apprenticeship.
1779 Section 36. Paragraph (g) of subsection (2), subsections
1780 (3) and (7), and paragraph (a) of subsection (8) of section
1781 1012.56, Florida Statutes, are amended to read:
1782 1012.56 Educator certification requirements.—
1783 (2) ELIGIBILITY CRITERIA.—To be eligible to seek
1784 certification, a person must:
1785 (g) Demonstrate mastery of general knowledge pursuant to
1786 subsection (3), if the person serves as a classroom teacher as
1787 defined in s. 1012.01(2)(a).
1788 (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
1789 demonstrating mastery of general knowledge are:
1790 (a) Achievement of passing scores on the general knowledge
1791 examination required by state board rule;
1792 (b) Documentation of a valid professional standard teaching
1793 certificate issued by another state;
1794 (c) Documentation of a valid certificate issued by the
1795 National Board for Professional Teaching Standards or a national
1796 educator credentialing board approved by the State Board of
1797 Education;
1798 (d) Documentation of two semesters of successful, full-time
1799 or part-time teaching in a Florida College System institution,
1800 state university, or private college or university that awards
1801 an associate or higher degree and is an accredited institution
1802 or an institution of higher education identified by the
1803 Department of Education as having a quality program;
1804 (e) Achievement of passing scores, identified in state
1805 board rule, on national or international examinations that test
1806 comparable content and relevant standards in verbal, analytical
1807 writing, and quantitative reasoning skills, including, but not
1808 limited to, the verbal, analytical writing, and quantitative
1809 reasoning portions of the Graduate Record Examination and the
1810 SAT, ACT, and Classic Learning Test. Passing scores identified
1811 in state board rule must be at approximately the same level of
1812 rigor as is required to pass the general knowledge examinations;
1813 or
1814 (f) Documentation of receipt of a master’s or higher degree
1815 from an accredited postsecondary educational institution that
1816 the Department of Education has identified as having a quality
1817 program resulting in a baccalaureate degree or higher.
1818
1819 A school district that employs an individual who does not
1820 achieve passing scores on any subtest of the general knowledge
1821 examination must provide information regarding the availability
1822 of state-level and district-level supports and instruction to
1823 assist him or her in achieving a passing score. Such information
1824 must include, but need not be limited to, state-level test
1825 information guides, school district test preparation resources,
1826 and preparation courses offered by state universities and
1827 Florida College System institutions. The requirement of mastery
1828 of general knowledge shall be waived for an individual who has
1829 been provided 3 years of supports and instruction and who has
1830 been rated effective or highly effective under s. 1012.34 for
1831 each of the last 3 years.
1832 (7) TYPES AND TERMS OF CERTIFICATION.—
1833 (a) The Department of Education shall issue a professional
1834 certificate for a period not to exceed 5 years to any applicant
1835 who fulfills one of the following:
1836 1. Meets all the applicable requirements outlined in
1837 subsection (2).
1838 2. For a professional certificate covering grades 6 through
1839 12:
1840 a. Meets the applicable requirements of paragraphs (2)(a)
1841 (h).
1842 b. Holds a master’s or higher degree in the area of
1843 science, technology, engineering, or mathematics.
1844 c. Teaches a high school course in the subject of the
1845 advanced degree.
1846 d. Is rated highly effective as determined by the teacher’s
1847 performance evaluation under s. 1012.34, based in part on
1848 student performance as measured by a statewide, standardized
1849 assessment or an Advanced Placement, Advanced International
1850 Certificate of Education, or International Baccalaureate
1851 examination.
1852 e. Achieves a passing score on the Florida professional
1853 education competency examination required by state board rule.
1854 3. Meets the applicable requirements of paragraphs (2)(a)
1855 (h) and completes a professional learning certification program
1856 approved by the department pursuant to paragraph (8)(c) or an
1857 educator preparation institute approved by the department
1858 pursuant to s. 1004.85. An applicant who completes one of these
1859 programs and is rated highly effective as determined by his or
1860 her performance evaluation under s. 1012.34 is not required to
1861 take or achieve a passing score on the professional education
1862 competency examination in order to be awarded a professional
1863 certificate.
1864 (b) The department shall issue a temporary certificate to
1865 any applicant who:
1866 1. Completes the requirements outlined in paragraphs
1867 (2)(a)-(f) and completes the subject area content requirements
1868 specified in state board rule or demonstrates mastery of subject
1869 area knowledge pursuant to subsection (5) and holds an
1870 accredited degree or a degree approved by the Department of
1871 Education at the level required for the subject area
1872 specialization in state board rule;
1873 2. For a subject area specialization for which the state
1874 board otherwise requires a bachelor’s degree, documents 48
1875 months of active-duty military service with an honorable
1876 discharge or a medical separation; completes the requirements
1877 outlined in paragraphs (2)(a), (b), and (d)-(f); completes the
1878 subject area content requirements specified in state board rule
1879 or demonstrates mastery of subject area knowledge pursuant to
1880 subsection (5); and documents completion of 60 college credits
1881 with a minimum cumulative grade point average of 2.5 on a 4.0
1882 scale, as provided by one or more accredited institutions of
1883 higher learning or a nonaccredited institution of higher
1884 learning identified by the Department of Education as having a
1885 quality program resulting in a bachelor’s degree or higher; or
1886 3. Is enrolled in a state-approved teacher preparation
1887 program under s. 1004.04; is actively completing the required
1888 program field experience or internship at a public school;
1889 completes the requirements outlined in paragraphs (2)(a), (b),
1890 and (d)-(f); completes the subject area content requirements
1891 specified in state board rule or demonstrates mastery of subject
1892 area knowledge pursuant to subsection (5); and documents
1893 completion of 60 college credits with a minimum cumulative grade
1894 point average of 2.5 on a 4.0 scale, as provided by one or more
1895 accredited institutions of higher learning or a nonaccredited
1896 institution of higher learning identified by the Department of
1897 Education as having a quality program resulting in a bachelor’s
1898 degree or higher.
1899 (c) The department shall issue one nonrenewable 2-year
1900 temporary certificate and one nonrenewable 5-year professional
1901 certificate to a qualified applicant who holds a bachelor’s
1902 degree in the area of speech-language impairment to allow for
1903 completion of a master’s degree program in speech-language
1904 impairment.
1905 (d) The department shall issue a temporary apprenticeship
1906 certificate to any applicant who meets the requirements of
1907 paragraphs (2)(a), (b), and (d)-(f).
1908 (e) A person who is issued a temporary certificate under
1909 paragraph (b) must be assigned a teacher mentor for a minimum of
1910 2 school years after commencing employment. Each teacher mentor
1911 selected by the school district, charter school, or charter
1912 management organization must:
1913 1. Hold a valid professional certificate issued pursuant to
1914 this section;
1915 2. Have earned at least 3 years of teaching experience in
1916 prekindergarten through grade 12; and
1917 3. Have earned an effective or highly effective rating on
1918 the prior year’s performance evaluation under s. 1012.34.
1919 (f)1. A temporary certificate is valid for 5 school fiscal
1920 years, is limited to a one-time issuance, and is nonrenewable.
1921 2. A temporary apprenticeship certificate issued under
1922 paragraph (d) is valid for 5 school years, may be issued only
1923 once, and is nonrenewable.
1924 (g) A certificateholder may request that her or his
1925 certificate be placed in an inactive status. A certificate that
1926 has been inactive may be reactivated upon application to the
1927 department. The department shall prescribe, by rule,
1928 professional learning requirements as a condition of
1929 reactivating a certificate that has been inactive for more than
1930 1 year.
1931 (h) A school district or a regional education consortium
1932 may issue temporary certificates, based on the requirements in
1933 paragraph (b). School districts and regional education consortia
1934 must report the number of such certificates issued, and any
1935 additional information to the department, based on reporting
1936 requirements adopted by the State Board of Education. Such
1937 certificates are subject to the authority of the Education
1938 Practices Commission under s. 1012.795.
1939
1940 At least 1 year before an individual’s department-issued
1941 temporary certificate is set to expire, the department shall
1942 electronically notify the individual of the date on which his or
1943 her certificate will expire and provide a list of each method by
1944 which the qualifications for a professional certificate can be
1945 completed.
1946 (8) PROFESSIONAL LEARNING CERTIFICATION PROGRAM.—
1947 (a) The Department of Education shall develop and each
1948 school district, charter school, and charter management
1949 organization may provide a cohesive competency-based
1950 professional learning certification program by which
1951 instructional staff may satisfy the mastery of professional
1952 preparation and education competence requirements specified in
1953 subsection (6) and rules of the State Board of Education.
1954 Participants must hold a state-issued temporary certificate. A
1955 school district, charter school, or charter management
1956 organization that implements the program shall provide a
1957 competency-based certification program developed by the
1958 Department of Education or developed by the district, charter
1959 school, or charter management organization and approved by the
1960 Department of Education. These entities may collaborate with
1961 other supporting agencies or educational entities for
1962 implementation. The program shall include the following:
1963 1. A teacher mentorship and induction component.
1964 a. Each individual selected by the district, charter
1965 school, or charter management organization as a mentor:
1966 (I) Must hold a valid professional certificate issued
1967 pursuant to this section;
1968 (II) Must have earned at least 3 years of teaching
1969 experience in prekindergarten through grade 12;
1970 (III) Must have completed training in clinical supervision
1971 and participate in ongoing mentor training provided through the
1972 coordinated system of professional learning under s. 1012.98(4);
1973 (IV) Must have earned an effective or highly effective
1974 rating on the prior year’s performance evaluation; and
1975 (V) May be a peer evaluator under the district’s evaluation
1976 system approved under s. 1012.34.
1977 b. The teacher mentorship and induction component must, at
1978 a minimum, provide routine opportunities for mentoring and
1979 induction activities, including ongoing professional learning as
1980 described in s. 1012.98 targeted to a teacher’s needs,
1981 opportunities for a teacher to observe other teachers, co
1982 teaching experiences, and reflection and follow-up followup
1983 discussions. Professional learning must meet the criteria
1984 established in s. 1012.98(3). Mentorship and induction
1985 activities must be provided for an applicant’s first year in the
1986 program and may be provided until the applicant attains his or
1987 her professional certificate in accordance with this section.
1988 2. An assessment of teaching performance aligned to the
1989 district’s, charter school’s, or charter management
1990 organization’s system for personnel evaluation under s. 1012.34
1991 which provides for:
1992 a. An initial evaluation of each educator’s competencies to
1993 determine an appropriate individualized professional learning
1994 plan.
1995 b. A summative evaluation to assure successful completion
1996 of the program.
1997 3. Professional education preparation content knowledge,
1998 which must be included in the mentoring and induction activities
1999 under subparagraph 1., that includes, but is not limited to, the
2000 following:
2001 a. The state academic standards provided under s. 1003.41,
2002 including scientifically researched and evidence-based reading
2003 instructional strategies grounded in the science of reading,
2004 content literacy, and mathematical practices, for each subject
2005 identified on the temporary certificate. Reading instructional
2006 strategies for foundational skills shall include phonics
2007 instruction for decoding and encoding as the primary
2008 instructional strategy for word reading. Instructional
2009 strategies may not employ the three-cueing system model of
2010 reading or visual memory as a basis for teaching word reading.
2011 Instructional strategies may include visual information and
2012 strategies which improve background and experiential knowledge,
2013 add context, and increase oral language and vocabulary to
2014 support comprehension, but may not be used to teach word
2015 reading.
2016 b. The educator-accomplished practices approved by the
2017 state board.
2018 4. Required achievement of passing scores on the subject
2019 area and professional education competency examination required
2020 by State Board of Education rule. Mastery of general knowledge
2021 must be demonstrated as described in subsection (3).
2022 5. Beginning with candidates entering a program in the
2023 2022-2023 school year, a candidate for certification in a
2024 coverage area identified pursuant to s. 1012.585(3)(g) s.
2025 1012.585(3)(f) must successfully complete all competencies for a
2026 reading endorsement, including completion of the endorsement
2027 practicum.
2028 Section 37. Paragraph (a) of subsection (2), subsection
2029 (3), and paragraph (b) of subsection (5) of section 1012.585,
2030 Florida Statutes, are amended to read:
2031 1012.585 Process for renewal of professional certificates.—
2032 (2)(a) All professional certificates, except a nonrenewable
2033 professional certificate, are shall be renewable for successive
2034 periods not to exceed 10 5 years after the date of submission of
2035 documentation of completion of the requirements for renewal
2036 provided in subsection (3). Only one renewal may be granted
2037 during each 5-year or 10-year validity period of a professional
2038 certificate.
2039 1. An applicant who is rated highly effective, pursuant to
2040 s. 1012.34, in the first 4 years of the 5-year validity period
2041 of his or her professional certificate is eligible for a
2042 professional certificate valid for 10 years. An applicant must
2043 be issued at least one 5-year professional certificate to be
2044 eligible for a 10-year professional certificate. An applicant
2045 who does not meet the requirement of this subparagraph is
2046 eligible only to renew his or her 5-year professional
2047 certificate.
2048 2. An applicant who is rated effective or highly effective,
2049 pursuant to s. 1012.34, for the first 9 years of the 10-year
2050 validity period of his or her professional certificate is
2051 eligible to renew a professional certificate valid for 10 years.
2052 An applicant issued a 10-year professional certificate who does
2053 not meet the requirement of this subparagraph is eligible only
2054 for renewal of a professional certificate valid for 5 years.
2055 (3) For the renewal of a professional certificate, the
2056 following requirements must be met:
2057 (a) The applicant must:
2058 1. Earn a minimum of 6 college credits or 120 inservice
2059 points or a combination thereof for a certificate valid for 5
2060 years.
2061 2. Earn a minimum of 12 college credits or 240 inservice
2062 points or a combination thereof for a professional certificate
2063 valid for 10 years. A minimum of 5 college credits or 100
2064 inservice points or a combination thereof must be earned within
2065 the first 5 years of a professional certificate valid for 10
2066 years.
2067 (b) For each area of specialization to be retained on a
2068 certificate, the applicant must earn at least 3 of the required
2069 credit hours or equivalent inservice points in the
2070 specialization area. Education in “clinical educator” training
2071 pursuant to s. 1004.04(5)(b); participation in mentorship and
2072 induction activities, including as a mentor, pursuant to s.
2073 1012.56(8)(a); and credits or points that provide training in
2074 the area of scientifically researched, knowledge-based reading
2075 literacy grounded in the science of reading, including explicit,
2076 systematic, and sequential approaches to reading instruction,
2077 developing phonemic awareness, and implementing multisensory
2078 intervention strategies, and computational skills acquisition,
2079 exceptional student education, normal child development, and the
2080 disorders of development may be applied toward any
2081 specialization area. Credits or points that provide training in
2082 the areas of drug abuse, child abuse and neglect, strategies in
2083 teaching students having limited proficiency in English, or
2084 dropout prevention, or training in areas identified in the
2085 educational goals and performance standards adopted pursuant to
2086 ss. 1000.03(5) and 1008.345 may be applied toward any
2087 specialization area, except specialization areas identified by
2088 State Board of Education rule that include reading instruction
2089 or intervention for any students in kindergarten through grade
2090 6. Each district school board shall include in its inservice
2091 master plan the ability for teachers to receive inservice points
2092 for supporting students in extracurricular career and technical
2093 education activities, such as career and technical student
2094 organization activities outside of regular school hours and
2095 training related to supervising students participating in a
2096 career and technical student organization. Credits or points
2097 earned through approved summer institutes may be applied toward
2098 the fulfillment of these requirements. Inservice points may also
2099 be earned by participation in professional growth components
2100 approved by the State Board of Education and specified pursuant
2101 to s. 1012.98 in the district’s approved master plan for
2102 inservice educational training; however, such points may not be
2103 used to satisfy the specialization requirements of this
2104 paragraph.
2105 (c)(b) In lieu of college course credit or inservice
2106 points, the applicant may renew a subject area specialization by
2107 passage of a state board approved Florida-developed subject area
2108 examination or, if a Florida subject area examination has not
2109 been developed, a standardized examination specified in state
2110 board rule.
2111 (d)(c) If an applicant wishes to retain more than two
2112 specialization areas on the certificate, the applicant must
2113 shall be permitted two successive validity periods for renewal
2114 of all specialization areas, but must earn no fewer than 6
2115 college course credit hours or the equivalent inservice points
2116 in any one validity period.
2117 (e)(d) The State Board of Education shall adopt rules for
2118 the expanded use of training for renewal of the professional
2119 certificate for educators who are required to complete training
2120 in teaching students of limited English proficiency or students
2121 with disabilities and training in the teaching of reading as
2122 follows:
2123 1. A teacher who holds a professional certificate may use
2124 college credits or inservice points earned through training in
2125 teaching students of limited English proficiency or students
2126 with disabilities and training in the teaching of reading in
2127 excess of 6 semester hours during one certificate-validity
2128 period toward renewal of the professional certificate during the
2129 subsequent validity periods.
2130 2. A teacher who holds a temporary certificate may use
2131 college credits or inservice points earned through training in
2132 teaching students of limited English proficiency or students
2133 with disabilities and training in the teaching of reading toward
2134 renewal of the teacher’s first professional certificate. Such
2135 training must not have been included within the degree program,
2136 and the teacher’s temporary and professional certificates must
2137 be issued for consecutive school years.
2138 (f)(e) Beginning July 1, 2014, an applicant for renewal of
2139 a professional certificate must earn a minimum of one college
2140 credit or the equivalent inservice points in the area of
2141 instruction for teaching students with disabilities. The
2142 requirement in this paragraph may not add to the total hours
2143 required by the department for continuing education or inservice
2144 training.
2145 (g)(f) An applicant for renewal of a professional
2146 certificate in any area of certification identified by State
2147 Board of Education rule that includes reading instruction or
2148 intervention for any students in kindergarten through grade 6,
2149 with a beginning validity date of July 1, 2020, or thereafter,
2150 must earn a minimum of 2 college credits or the equivalent
2151 inservice points in evidence-based instruction and interventions
2152 grounded in the science of reading specifically designed for
2153 students with characteristics of dyslexia, including the use of
2154 explicit, systematic, and sequential approaches to reading
2155 instruction, developing phonological and phonemic awareness,
2156 decoding, and implementing multisensory intervention strategies.
2157 Such training must be provided by teacher preparation programs
2158 under s. 1004.04 or s. 1004.85 or approved school district
2159 professional learning systems under s. 1012.98. The requirements
2160 in this paragraph may not add to the total hours required by the
2161 department for continuing education or inservice training.
2162 (h)(g) An applicant for renewal of a professional
2163 certificate in educational leadership from a Level I program
2164 under s. 1012.562(2) or Level II program under s. 1012.562(3),
2165 with a beginning validity date of July 1, 2025, or thereafter,
2166 must earn a minimum of 1 college credit or 20 inservice points
2167 in Florida’s educational leadership standards, as established in
2168 rule by the State Board of Education. The requirement in this
2169 paragraph may not add to the total hours required by the
2170 department for continuing education or inservice training.
2171 (i)(h) A teacher may earn inservice points only once during
2172 each 5-year validity period for any mandatory training topic
2173 that is not linked to student learning or professional growth.
2174 (5) The State Board of Education shall adopt rules to allow
2175 the reinstatement of expired professional certificates. The
2176 department may reinstate an expired professional certificate if
2177 the certificateholder:
2178 (b) Documents completion of 6 college credits during the 5
2179 years immediately preceding reinstatement of the expired
2180 certificate, completion of 120 inservice points, or a
2181 combination thereof, in an area specified in paragraph (3)(b)
2182 (3)(a) to include the credit required under paragraph (3)(f)
2183 (3)(e).
2184
2185 The requirements of this subsection may not be satisfied by
2186 subject area examinations or college credits completed for
2187 issuance of the certificate that has expired.
2188 Section 38. Section 1013.19, Florida Statutes, is amended
2189 to read:
2190 1013.19 Purchase, conveyance, or encumbrance of property
2191 interests above surface of land; joint-occupancy structures.—For
2192 the purpose of implementing jointly financed construction
2193 project agreements, or for the construction of combined
2194 occupancy structures, any board may purchase, own, convey, sell,
2195 lease, or encumber airspace or any other interests in property
2196 above the surface of the land, provided the lease of airspace
2197 for nonpublic use is for such reasonable rent, length of term,
2198 and conditions as the board in its discretion may determine. All
2199 proceeds from such sale or lease shall be used by a the board of
2200 trustees for a Florida College System institution or state
2201 university or boards receiving the proceeds solely for fixed
2202 capital outlay purposes. These purposes may include the
2203 renovation or remodeling of existing facilities owned by the
2204 board or the construction of new facilities; however, for a
2205 Florida College System institution board or university board,
2206 such new facility must be authorized by the Legislature. It is
2207 declared that the use of such rental by the board for public
2208 purposes in accordance with its statutory authority is a public
2209 use. Airspace or any other interest in property held by the
2210 Board of Trustees of the Internal Improvement Trust Fund or the
2211 State Board of Education may not be divested or conveyed without
2212 approval of the respective board. Any building, including any
2213 building or facility component that is common to both nonpublic
2214 and educational portions thereof, constructed in airspace that
2215 is sold or leased for nonpublic use pursuant to this section is
2216 subject to all applicable state, county, and municipal
2217 regulations pertaining to land use, zoning, construction of
2218 buildings, fire protection, health, and safety to the same
2219 extent and in the same manner as such regulations would be
2220 applicable to the construction of a building for nonpublic use
2221 on the appurtenant land beneath the subject airspace. Any
2222 educational facility constructed or leased as a part of a joint
2223 occupancy facility is subject to all rules and requirements of
2224 the respective boards or departments having jurisdiction over
2225 educational facilities. Any contract executed by a university
2226 board of trustees pursuant to this section is subject to the
2227 provisions of s. 1010.62.
2228 Section 39. Section 1013.35, Florida Statutes, is amended
2229 to read:
2230 1013.35 School district educational facilities plan;
2231 definitions; preparation, adoption, and amendment; long-term
2232 work programs.—
2233 (1) DEFINITIONS.—As used in this section, the term:
2234 (a) “Adopted educational facilities plan” means the
2235 comprehensive planning document that is adopted annually by the
2236 district school board as provided in subsection (2) and that
2237 contains the educational plant survey.
2238 (b) “District facilities work program” means the 5-year
2239 listing of capital outlay projects adopted by the district
2240 school board as provided in subparagraph (2)(a)2. and paragraph
2241 (2)(b) as part of the district educational facilities plan,
2242 which is required in order to:
2243 1. Properly maintain the educational plant and ancillary
2244 facilities of the district.
2245 2. Provide an adequate number of satisfactory student
2246 stations for the projected student enrollment of the district in
2247 K-12 programs.
2248 (c) “Tentative educational facilities plan” means the
2249 comprehensive planning document prepared annually by the
2250 district school board and submitted to the Office of Educational
2251 Facilities and the affected general-purpose local governments.
2252 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
2253 FACILITIES PLAN.—
2254 (a) Annually, before prior to the adoption of the district
2255 school budget, each district school board shall prepare a
2256 tentative district educational facilities plan that includes
2257 long-range planning for facilities needs over 5-year, 10-year,
2258 and 20-year periods. The district school board shall submit the
2259 tentative facilities plan to the department The plan must be
2260 developed in coordination with the general-purpose local
2261 governments and be consistent with the local government
2262 comprehensive plans. The school board’s plan for provision of
2263 new schools must meet the needs of all growing communities in
2264 the district, ranging from small rural communities to large
2265 urban cities. The plan must include:
2266 1. Projected student populations apportioned geographically
2267 at the local level. The projections must be based on information
2268 produced by the demographic, revenue, and education estimating
2269 conferences pursuant to s. 216.136, where available, as modified
2270 by the district based on development data and agreement with the
2271 local governments and the Office of Educational Facilities. The
2272 projections must be apportioned geographically with assistance
2273 from the local governments using local development trend data
2274 and the school district student enrollment data.
2275 2. An inventory of existing school facilities. Any
2276 anticipated expansions or closures of existing school sites over
2277 the 5-year, 10-year, and 20-year periods must be identified. The
2278 inventory must include an assessment of areas proximate to
2279 existing schools and identification of the need for improvements
2280 to infrastructure, safety, including safe access routes, and
2281 conditions in the community. The plan must also provide a
2282 listing of major repairs and renovation projects anticipated
2283 over the period of the plan.
2284 3. Projections of facilities space needs, which may not
2285 exceed the norm space and occupant design criteria established
2286 in the State Requirements for Educational Facilities.
2287 4. Information on leased, loaned, and donated space and
2288 relocatables used for conducting the district’s instructional
2289 programs.
2290 5. The general location of public schools proposed to be
2291 constructed over the 5-year, 10-year, and 20-year time periods,
2292 including a listing of the proposed schools’ site acreage needs
2293 and anticipated capacity and maps showing the general locations.
2294 The school board’s identification of general locations of future
2295 school sites must be based on the school siting requirements of
2296 s. 163.3177(6)(a) and policies in the comprehensive plan which
2297 provide guidance for appropriate locations for school sites.
2298 6. The identification of options deemed reasonable and
2299 approved by the school board which reduce the need for
2300 additional permanent student stations. Such options may include,
2301 but need not be limited to:
2302 a. Acceptable capacity;
2303 b. Redistricting;
2304 c. Busing;
2305 d. Year-round schools;
2306 e. Charter schools;
2307 f. Magnet schools; and
2308 g. Public-private partnerships.
2309 7. The criteria and method, jointly determined by the local
2310 government and the school board, for determining the impact of
2311 proposed development to public school capacity.
2312 (b) The plan must also include a financially feasible
2313 district facilities work program for a 5-year period. The work
2314 program must include:
2315 1. A schedule of major repair and renovation projects
2316 necessary to maintain the educational facilities and ancillary
2317 facilities of the district.
2318 2. A schedule of capital outlay projects necessary to
2319 ensure the availability of satisfactory student stations for the
2320 projected student enrollment in K-12 programs. This schedule
2321 shall consider:
2322 a. The locations, capacities, and planned utilization rates
2323 of current educational facilities of the district. The capacity
2324 of existing satisfactory facilities, as reported in the Florida
2325 Inventory of School Houses must be compared to the capital
2326 outlay full-time-equivalent student enrollment as determined by
2327 the department, including all enrollment used in the calculation
2328 of the distribution formula in s. 1013.64.
2329 b. The proposed locations of planned facilities, whether
2330 those locations are consistent with the comprehensive plans of
2331 all affected local governments, and recommendations for
2332 infrastructure and other improvements to land adjacent to
2333 existing facilities. The provisions of ss. 1013.33(6), (7), and
2334 (8) and 1013.36 must be addressed for new facilities planned
2335 within the first 3 years of the work plan, as appropriate.
2336 c. Plans for the use and location of relocatable
2337 facilities, leased facilities, and charter school facilities.
2338 d. Plans for multitrack scheduling, grade level
2339 organization, block scheduling, or other alternatives that
2340 reduce the need for additional permanent student stations.
2341 e. Information concerning average class size and
2342 utilization rate by grade level within the district which will
2343 result if the tentative district facilities work program is
2344 fully implemented.
2345 f. The number and percentage of district students planned
2346 to be educated in relocatable facilities during each year of the
2347 tentative district facilities work program. For determining
2348 future needs, student capacity may not be assigned to any
2349 relocatable classroom that is scheduled for elimination or
2350 replacement with a permanent educational facility in the current
2351 year of the adopted district educational facilities plan and in
2352 the district facilities work program adopted under this section.
2353 Those relocatable classrooms clearly identified and scheduled
2354 for replacement in a school-board-adopted, financially feasible,
2355 5-year district facilities work program shall be counted at zero
2356 capacity at the time the work program is adopted and approved by
2357 the school board. However, if the district facilities work
2358 program is changed and the relocatable classrooms are not
2359 replaced as scheduled in the work program, the classrooms must
2360 be reentered into the system and be counted at actual capacity.
2361 Relocatable classrooms may not be perpetually added to the work
2362 program or continually extended for purposes of circumventing
2363 this section. All relocatable classrooms not identified and
2364 scheduled for replacement, including those owned, lease
2365 purchased, or leased by the school district, must be counted at
2366 actual student capacity. The district educational facilities
2367 plan must identify the number of relocatable student stations
2368 scheduled for replacement during the 5-year survey period and
2369 the total dollar amount needed for that replacement.
2370 g. Plans for the closure of any school, including plans for
2371 disposition of the facility or usage of facility space, and
2372 anticipated revenues.
2373 h. Projects for which capital outlay and debt service funds
2374 accruing under s. 9(d), Art. XII of the State Constitution are
2375 to be used shall be identified separately in priority order on a
2376 project priority list within the district facilities work
2377 program.
2378 3. The projected cost for each project identified in the
2379 district facilities work program. For proposed projects for new
2380 student stations, a schedule shall be prepared comparing the
2381 planned cost and square footage for each new student station, by
2382 elementary, middle, and high school levels, to the low, average,
2383 and high cost of facilities constructed throughout the state
2384 during the most recent fiscal year for which data is available
2385 from the Department of Education.
2386 4. A schedule of estimated capital outlay revenues from
2387 each currently approved source which is estimated to be
2388 available for expenditure on the projects included in the
2389 district facilities work program.
2390 5. A schedule indicating which projects included in the
2391 district facilities work program will be funded from current
2392 revenues projected in subparagraph 4.
2393 6. A schedule of options for the generation of additional
2394 revenues by the district for expenditure on projects identified
2395 in the district facilities work program which are not funded
2396 under subparagraph 5. Additional anticipated revenues may
2397 include Classrooms First funds.
2398 (c) To the extent available, the tentative district
2399 educational facilities plan shall be based on information
2400 produced by the demographic, revenue, and education estimating
2401 conferences pursuant to s. 216.136.
2402 (2)(d) Provision must shall be made for public comment
2403 concerning the tentative district educational facilities plan.
2404 (e) The district school board shall coordinate with each
2405 affected local government to ensure consistency between the
2406 tentative district educational facilities plan and the local
2407 government comprehensive plans of the affected local governments
2408 during the development of the tentative district educational
2409 facilities plan.
2410 (3)(f) Not less than once every 5 years, the district
2411 school board shall have an audit conducted of the district’s
2412 educational planning and construction activities. An operational
2413 audit conducted by the Auditor General pursuant to s. 11.45
2414 satisfies this requirement.
2415 (4)(3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
2416 FACILITIES PLAN TO LOCAL GOVERNMENT.—The district school board
2417 shall submit a copy of its tentative district educational
2418 facilities plan to all affected local governments before prior
2419 to adoption by the board. The affected local governments may
2420 shall review the tentative district educational facilities plan
2421 and comment to the district school board on the consistency of
2422 the plan with the local comprehensive plan, whether a
2423 comprehensive plan amendment will be necessary for any proposed
2424 educational facility, and whether the local government supports
2425 a necessary comprehensive plan amendment. If the local
2426 government does not support a comprehensive plan amendment for a
2427 proposed educational facility, the matter must shall be resolved
2428 pursuant to the interlocal agreement when required by ss.
2429 163.3177(6)(h), 163.31777, and 1013.33(2). The process for the
2430 submittal and review must shall be detailed in the interlocal
2431 agreement when required pursuant to ss. 163.3177(6)(h),
2432 163.31777, and 1013.33(2).
2433 (5)(4) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN.
2434 Annually, the district school board shall consider and adopt the
2435 tentative district educational facilities plan completed
2436 pursuant to subsection (2). Upon giving proper notice to the
2437 public and local governments and opportunity for public comment,
2438 the district school board may amend the plan to revise the
2439 priority of projects, to add or delete projects, to reflect the
2440 impact of change orders, or to reflect the approval of new
2441 revenue sources which may become available. The district school
2442 board shall submit the revised plan to the department. The
2443 adopted district educational facilities plan must shall:
2444 (a) Be a complete, balanced, and financially feasible
2445 capital outlay financial plan for the district.
2446 (b) Set forth the proposed commitments and planned
2447 expenditures of the district to address the educational
2448 facilities needs of its students and to adequately provide for
2449 the maintenance of the educational plant and ancillary
2450 facilities, including safe access ways from neighborhoods to
2451 schools.
2452 (6)(5) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL FACILITIES
2453 PLAN.—The first year of the adopted district educational
2454 facilities plan constitutes shall constitute the capital outlay
2455 budget required in s. 1013.61. The adopted district educational
2456 facilities plan shall include the information required in
2457 subparagraphs (2)(b)1., 2., and 3., based upon projects actually
2458 funded in the plan.
2459 Section 40. Subsections (3) and (4) of section 1013.41,
2460 Florida Statutes, are amended to read:
2461 1013.41 SMART schools; Classrooms First; legislative
2462 purpose.—
2463 (3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.—It is the
2464 purpose of the Legislature to create s. 1013.35, requiring each
2465 school district annually to adopt an educational facilities plan
2466 that provides an integrated long-range facilities plan,
2467 including the survey of projected needs and the 5-year work
2468 program. The purpose of the educational facilities plan is to
2469 keep the district school board, local governments, and the
2470 public fully informed as to whether the district is using sound
2471 policies and practices that meet the essential needs of students
2472 and that warrant public confidence in district operations. The
2473 educational facilities plan will be monitored by the Office of
2474 Educational Facilities, which will also apply performance
2475 standards pursuant to s. 1013.04.
2476 (4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of
2477 the Legislature to require the Office of Educational Facilities
2478 to assist school districts in building SMART schools utilizing
2479 functional and frugal practices. The Office of Educational
2480 Facilities shall must review district facilities work programs
2481 and projects and identify opportunities to maximize design and
2482 construction savings; develop school district facilities work
2483 program performance standards; and provide for review and
2484 recommendations to the Governor, the Legislature, and the State
2485 Board of Education.
2486 Section 41. Subsection (4) of section 1013.45, Florida
2487 Statutes, is amended to read:
2488 1013.45 Educational facilities contracting and construction
2489 techniques for school districts and Florida College System
2490 institutions.—
2491 (4) Except as otherwise provided in this section and s.
2492 481.229, the services of a registered architect must be used by
2493 Florida College System institution and state university boards
2494 of trustees for the development of plans for the erection,
2495 enlargement, or alteration of any educational facility. The
2496 services of a registered architect are not required for a minor
2497 renovation project for which the construction cost is less than
2498 $50,000 or for the placement or hookup of relocatable
2499 educational facilities that conform to standards adopted under
2500 s. 1013.37. However, boards must provide compliance with
2501 building code requirements and ensure that these structures are
2502 adequately anchored for wind resistance as required by law. A
2503 district school board shall reuse existing construction
2504 documents or design criteria packages if such reuse is feasible
2505 and practical. If a school district’s 5-year educational
2506 facilities work plan includes the construction of two or more
2507 new schools for students in the same grade group and program,
2508 such as elementary, middle, or high school, the district school
2509 board must require that prototype design and construction be
2510 used for the construction of these schools. Notwithstanding s.
2511 287.055, a board may purchase the architectural services for the
2512 design of educational or ancillary facilities under an existing
2513 contract agreement for professional services held by a district
2514 school board in the State of Florida, provided that the purchase
2515 is to the economic advantage of the purchasing board, the
2516 services conform to the standards prescribed by rules of the
2517 State Board of Education, and such reuse is not without notice
2518 to, and permission from, the architect of record whose plans or
2519 design criteria are being reused. Plans must be reviewed for
2520 compliance with the State Requirements for Educational
2521 Facilities. Rules adopted under this section must establish
2522 uniform prequalification, selection, bidding, and negotiation
2523 procedures applicable to construction management contracts and
2524 the design-build process. This section does not supersede any
2525 small, woman-owned, or minority-owned business enterprise
2526 preference program adopted by a board. Except as otherwise
2527 provided in this section, the negotiation procedures applicable
2528 to construction management contracts and the design-build
2529 process must conform to the requirements of s. 287.055. A board
2530 may not modify any rules regarding construction management
2531 contracts or the design-build process.
2532 Section 42. Section 1013.451, Florida Statutes, is
2533 repealed.
2534 Section 43. Paragraph (a) of subsection (3) of section
2535 1013.62, Florida Statutes, is amended to read:
2536 1013.62 Charter schools capital outlay funding.—
2537 (3) If the school board levies the discretionary millage
2538 authorized in s. 1011.71(2), the department shall use the
2539 following calculation methodology to determine the amount of
2540 revenue that a school district must distribute to each eligible
2541 charter school:
2542 (a) Reduce the total discretionary millage revenue by the
2543 school district’s annual debt service obligation incurred as of
2544 March 1, 2017, which has not been subsequently retired, and any
2545 amount of participation requirement pursuant to s.
2546 1013.64(2)(a)7. s. 1013.64(2)(a)8. that is being satisfied by
2547 revenues raised by the discretionary millage.
2548
2549 By October 1 of each year, each school district shall certify to
2550 the department the amount of debt service and participation
2551 requirement that complies with the requirement of paragraph (a)
2552 and can be reduced from the total discretionary millage revenue.
2553 The Auditor General shall verify compliance with the
2554 requirements of paragraph (a) and s. 1011.71(2)(e) during
2555 scheduled operational audits of school districts.
2556 Section 44. Paragraph (e) of subsection (1), paragraph (a)
2557 of subsection (2), paragraph (d) of subsection (3), paragraph
2558 (b) of subsection (5) of section 1013.64, Florida Statutes, are
2559 amended, and paragraph (f) is added to subsection (6) of that
2560 section, to read:
2561 1013.64 Funds for comprehensive educational plant needs;
2562 construction cost maximums for school district capital
2563 projects.—Allocations from the Public Education Capital Outlay
2564 and Debt Service Trust Fund to the various boards for capital
2565 outlay projects shall be determined as follows:
2566 (1)
2567 (e) Remodeling projects must shall be based on the
2568 recommendations of a survey pursuant to s. 1013.31, or, for
2569 district school boards, as indicated by the relative need as
2570 determined by the Florida Inventory of School Houses and the
2571 capital outlay full-time equivalent enrollment in the district.
2572 (2)(a) The department shall establish, as a part of the
2573 Public Education Capital Outlay and Debt Service Trust Fund, a
2574 separate account, in an amount determined by the Legislature, to
2575 be known as the “Special Facility Construction Account.” The
2576 Special Facility Construction Account shall be used to provide
2577 necessary construction funds to school districts which have
2578 urgent construction needs but which lack sufficient resources at
2579 present, and cannot reasonably anticipate sufficient resources
2580 within the period of the next 3 years, for these purposes from
2581 currently authorized sources of capital outlay revenue. A school
2582 district requesting funding from the Special Facility
2583 Construction Account shall submit one specific construction
2584 project, not to exceed one complete educational plant, to the
2585 Special Facility Construction Committee. A district may not
2586 receive funding for more than one approved project in any 3-year
2587 period or while any portion of the district’s participation
2588 requirement is outstanding. The first year of the 3-year period
2589 shall be the first year a district receives an appropriation.
2590 The department shall encourage a construction program that
2591 reduces the average size of schools in the district. The request
2592 must meet the following criteria to be considered by the
2593 committee:
2594 1. The project must be deemed a critical need and must be
2595 recommended for funding by the Special Facility Construction
2596 Committee. Before developing construction plans for the proposed
2597 facility, the district school board must request a
2598 preapplication review by the Special Facility Construction
2599 Committee or a project review subcommittee convened by the chair
2600 of the committee to include two representatives of the
2601 department and two staff members from school districts not
2602 eligible to participate in the program. A school district may
2603 request a preapplication review at any time; however, if the
2604 district school board seeks inclusion in the department’s next
2605 annual capital outlay legislative budget request, the
2606 preapplication review request must be made before February 1.
2607 Within 90 days after receiving the preapplication review
2608 request, the committee or subcommittee must meet in the school
2609 district to review the project proposal and existing facilities.
2610 To determine whether the proposed project is a critical need,
2611 the committee or subcommittee shall consider, at a minimum, the
2612 capacity of all existing facilities within the district as
2613 determined by the Florida Inventory of School Houses; the
2614 district’s pattern of student growth; the district’s existing
2615 and projected capital outlay full-time equivalent student
2616 enrollment as determined by the demographic, revenue, and
2617 education estimating conferences established in s. 216.136; the
2618 district’s existing satisfactory student stations; the use of
2619 all existing district property and facilities; grade level
2620 configurations; and any other information that may affect the
2621 need for the proposed project.
2622 2. The construction project must be recommended in the
2623 most recent survey or survey amendment cooperatively prepared by
2624 the district school board and the department, and approved by
2625 the department under the rules of the State Board of Education.
2626 If a district school board employs a consultant in the
2627 preparation of a survey or survey amendment, the consultant may
2628 not be employed by or receive compensation from a third party
2629 that designs or constructs a project recommended by the survey.
2630 3. The construction project must appear on the district’s
2631 approved project priority list under the rules of the State
2632 Board of Education.
2633 4. The district must have selected and had approved a site
2634 for the construction project in compliance with s. 1013.36 and
2635 the rules of the State Board of Education.
2636 5. The district shall have developed a district school
2637 board adopted list of facilities that do not exceed the norm for
2638 net square feet occupancy requirements under the State
2639 Requirements for Educational Facilities, using all possible
2640 programmatic combinations for multiple use of space to obtain
2641 maximum daily use of all spaces within the facility under
2642 consideration.
2643 6. Upon construction, the total cost per student station,
2644 including change orders, must not exceed the cost per student
2645 station as provided in subsection (6) unless approved by the
2646 Special Facility Construction Committee. At the discretion of
2647 the committee, costs that exceed the cost per student station
2648 for special facilities may include legal and administrative
2649 fees, the cost of site improvements or related offsite
2650 improvements, the cost of complying with public shelter and
2651 hurricane hardening requirements, cost overruns created by a
2652 disaster as defined in s. 252.34(2), costs of security
2653 enhancements approved by the school safety specialist, and
2654 unforeseeable circumstances beyond the district’s control.
2655 7. There shall be an agreement signed by the district
2656 school board stating that it will advertise for bids within 30
2657 days of receipt of its encumbrance authorization from the
2658 department.
2659 7.8. For construction projects for which Special Facilities
2660 Construction Account funding is sought before the 2019-2020
2661 fiscal year, the district shall, at the time of the request and
2662 for a continuing period necessary to meet the district’s
2663 participation requirement, levy the maximum millage against its
2664 nonexempt assessed property value as allowed in s. 1011.71(2) or
2665 shall raise an equivalent amount of revenue from the school
2666 capital outlay surtax authorized under s. 212.055(6). Beginning
2667 with construction projects for which Special Facilities
2668 Construction Account funding is sought in the 2019-2020 fiscal
2669 year, the district shall, for a minimum of 3 years before
2670 submitting the request and for a continuing period necessary to
2671 meet its participation requirement, levy the maximum millage
2672 against the district’s nonexempt assessed property value as
2673 authorized under s. 1011.71(2) or shall raise an equivalent
2674 amount of revenue from the school capital outlay surtax
2675 authorized under s. 212.055(6). Any district with a new or
2676 active project, funded under the provisions of this subsection,
2677 shall be required to budget no more than the value of 1 mill per
2678 year to the project until the district’s participation
2679 requirement relating to the local discretionary capital
2680 improvement millage or the equivalent amount of revenue from the
2681 school capital outlay surtax is satisfied.
2682 8.9. If a contract has not been signed 90 days after the
2683 advertising of bids, the funding for the specific project shall
2684 revert to the Special Facility New Construction Account to be
2685 reallocated to other projects on the list. However, an
2686 additional 90 days may be granted by the commissioner.
2687 9.10. The department shall certify the inability of the
2688 district to fund the survey-recommended project over a
2689 continuous 3-year period using projected capital outlay revenue
2690 derived from s. 9(d), Art. XII of the State Constitution, as
2691 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
2692 10.11. The district shall have on file with the department
2693 an adopted resolution acknowledging its commitment to satisfy
2694 its participation requirement, which is equivalent to all
2695 unencumbered and future revenue acquired from s. 9(d), Art. XII
2696 of the State Constitution, as amended, paragraph (3)(a) of this
2697 section, and s. 1011.71(2), in the year of the initial
2698 appropriation and for the 2 years immediately following the
2699 initial appropriation.
2700 11.12. Phase I plans must be approved by the district
2701 school board as being in compliance with the building and life
2702 safety codes before June 1 of the year the application is made.
2703 (3)
2704 (d) Funds accruing to a district school board from the
2705 provisions of this section shall be expended on needed projects
2706 as shown by survey or surveys under the rules of the State Board
2707 of Education.
2708 (5) District school boards shall identify each fund source
2709 and the use of each proportionate to the project cost, as
2710 identified in the bid document, to assure compliance with this
2711 section. The data shall be submitted to the department, which
2712 shall track this information as submitted by the boards. PECO
2713 funds shall not be expended as indicated in the following:
2714 (b) PECO funds shall not be used for the construction of
2715 football fields, bleachers, site lighting for athletic
2716 facilities, tennis courts, stadiums, racquetball courts, or any
2717 other competition-type facilities not required for physical
2718 education curriculum. Regional or intradistrict football
2719 stadiums may be constructed with these funds provided a minimum
2720 of two high schools and two middle schools are assigned to the
2721 facility and the stadiums are survey recommended. Sophisticated
2722 auditoria shall be limited to magnet performing arts schools,
2723 with all other schools using basic lighting and sound systems as
2724 determined by rule. Local funds shall be used for enhancement of
2725 athletic and performing arts facilities.
2726 (6)
2727 (f)1. The Office of Program Policy and Government
2728 Accountability (OPPAGA) shall review the cost per student
2729 station levels and annual adjustments provided for in this
2730 section. The review must include:
2731 a. An evaluation of the estimate required under this
2732 paragraph.
2733 b. Recommendations for additional costs that should be
2734 factored into the cost per student station, and other costs that
2735 should be excluded.
2736 c. A recommendation for changes to the annual adjustment of
2737 the cost per student station or repeal of the requirements of
2738 this subsection.
2739 2. OPPAGA shall submit its review to the President of the
2740 Senate, the Speaker of the House of Representatives, and the
2741 Commissioner of Education no later than September 1, 2026.
2742 Section 45. Paragraph (e) of subsection (6) of section
2743 163.3180, Florida Statutes, is amended to read:
2744 163.3180 Concurrency.—
2745 (6)
2746 (e) A school district that includes relocatable facilities
2747 in its inventory of student stations shall include the capacity
2748 of such relocatable facilities as provided in s.
2749 1013.35(2)(b)2.f., provided the relocatable facilities were
2750 purchased after 1998 and the relocatable facilities meet the
2751 standards for long-term use pursuant to s. 1013.20.
2752 Section 46. Paragraph (a) of subsection (5) of section
2753 1002.68, Florida Statutes, is amended to read:
2754 1002.68 Voluntary Prekindergarten Education Program
2755 accountability.—
2756 (5)(a) If a public school’s or private prekindergarten
2757 provider’s program assessment composite score for its
2758 prekindergarten classrooms fails to meet the minimum program
2759 assessment composite score for contracting adopted in rule by
2760 the department, the private prekindergarten provider or public
2761 school may not participate in the Voluntary Prekindergarten
2762 Education Program beginning in the consecutive program year and
2763 thereafter until the public school or private prekindergarten
2764 provider meets the minimum composite score for contracting. A
2765 public school or private prekindergarten provider may request
2766 one program assessment per program year in order to requalify
2767 for participation in the Voluntary Prekindergarten Education
2768 Program, provided that the public school or private
2769 prekindergarten provider is not excluded from participation
2770 under ss. 1002.55(6), 1002.61(10)(b), 1002.63(9) 1002.63(9)(b),
2771 or paragraph (5)(b) of this section. If a public school or
2772 private prekindergarten provider would like an additional
2773 program assessment completed within the same program year, the
2774 public school or private prekindergarten provider shall be
2775 responsible for the cost of the program assessment.
2776 Section 47. Paragraphs (c) and (e) of subsection (2) of
2777 section 1003.631, Florida Statutes, are amended to read:
2778 1003.631 Schools of Excellence.—The Schools of Excellence
2779 Program is established to provide administrative flexibility to
2780 the state’s top schools so that the instructional personnel and
2781 administrative staff at such schools can continue to serve their
2782 communities and increase student learning to the best of their
2783 professional ability.
2784 (2) ADMINISTRATIVE FLEXIBILITIES.—A School of Excellence
2785 must be provided the following administrative flexibilities:
2786 (c) For instructional personnel, the substitution of 1
2787 school year of employment at a School of Excellence for 20
2788 inservice points toward the renewal of a professional
2789 certificate, up to 60 inservice points in a 5-year cycle,
2790 pursuant to s. 1012.585(3).
2791 (e) Calculation for compliance with maximum class size
2792 pursuant to s. 1003.03(4) based on the average number of
2793 students at the school level.
2794 Section 48. Paragraph (c) of subsection (2) and paragraph
2795 (b) of subsection (5) of section 1004.04, Florida Statutes, are
2796 amended to read:
2797 1004.04 Public accountability and state approval for
2798 teacher preparation programs.—
2799 (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
2800 (c) Each candidate must receive instruction and be assessed
2801 on the uniform core curricula in the candidate’s area or areas
2802 of program concentration during course work and field
2803 experiences. Beginning with candidates entering a teacher
2804 preparation program in the 2022-2023 school year, a candidate
2805 for certification in a coverage area identified pursuant to s.
2806 1012.585(3)(g) s. 1012.585(3)(f) must successfully complete all
2807 competencies for a reading endorsement, including completion of
2808 the endorsement practicum through the candidate’s field
2809 experience under subsection (5), in order to graduate from the
2810 program.
2811 (5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
2812 instructors, school district personnel and instructional
2813 personnel, and school sites preparing instructional personnel
2814 through preservice field experience courses and internships
2815 shall meet special requirements. District school boards may pay
2816 student teachers during their internships.
2817 (b)1. All school district personnel and instructional
2818 personnel who supervise or direct teacher preparation students
2819 during field experience courses or internships taking place in
2820 this state in which candidates demonstrate an impact on student
2821 learning growth must have:
2822 a. Evidence of “clinical educator” training;
2823 b. A valid professional certificate issued pursuant to s.
2824 1012.56;
2825 c. At least 3 years of teaching experience in
2826 prekindergarten through grade 12;
2827 d. Earned an effective or highly effective rating on the
2828 prior year’s performance evaluation under s. 1012.34 or be a
2829 peer evaluator under the district’s evaluation system approved
2830 under s. 1012.34; and
2831 e. Beginning with the 2022-2023 school year, for all such
2832 personnel who supervise or direct teacher preparation students
2833 during internships in kindergarten through grade 3 or who are
2834 enrolled in a teacher preparation program for a certificate area
2835 identified pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f), a
2836 certificate or endorsement in reading.
2837
2838 The State Board of Education shall approve the training
2839 requirements.
2840 2. All instructional personnel who supervise or direct
2841 teacher preparation students during field experience courses or
2842 internships in another state, in which a candidate demonstrates
2843 his or her impact on student learning growth, through a Florida
2844 online or distance program must have received “clinical
2845 educator” training or its equivalent in that state, hold a valid
2846 professional certificate issued by the state in which the field
2847 experience takes place, and have at least 3 years of teaching
2848 experience in prekindergarten through grade 12.
2849 3. All instructional personnel who supervise or direct
2850 teacher preparation students during field experience courses or
2851 internships, in which a candidate demonstrates his or her impact
2852 on student learning growth, on a United States military base in
2853 another country through a Florida online or distance program
2854 must have received “clinical educator” training or its
2855 equivalent, hold a valid professional certificate issued by the
2856 United States Department of Defense or a state or territory of
2857 the United States, and have at least 3 years teaching experience
2858 in prekindergarten through grade 12.
2859 Section 49. Paragraph (b) of subsection (3) of section
2860 1004.85, Florida Statutes, is amended to read:
2861 1004.85 Postsecondary educator preparation institutes.—
2862 (3) Educator preparation institutes approved pursuant to
2863 this section may offer competency-based certification programs
2864 specifically designed for noneducation major baccalaureate
2865 degree holders to enable program participants to meet the
2866 educator certification requirements of s. 1012.56. An educator
2867 preparation institute choosing to offer a competency-based
2868 certification program pursuant to the provisions of this section
2869 must implement a program developed by the institute and approved
2870 by the department for this purpose. Approved programs shall be
2871 available for use by other approved educator preparation
2872 institutes.
2873 (b) Each program participant must:
2874 1. Meet certification requirements pursuant to s.
2875 1012.56(1) by obtaining a statement of status of eligibility in
2876 the certification subject area of the educational plan and meet
2877 the requirements of s. 1012.56(2)(a)-(f) before participating in
2878 field experiences.
2879 2. Demonstrate competency and participate in field
2880 experiences that are appropriate to his or her educational plan
2881 prepared under paragraph (a). Beginning with candidates entering
2882 an educator preparation institute in the 2022-2023 school year,
2883 a candidate for certification in a coverage area identified
2884 pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f) must
2885 successfully complete all competencies for a reading
2886 endorsement, including completion of the endorsement practicum
2887 through the candidate’s field experience, in order to graduate
2888 from the program.
2889 3. Before completion of the program, fully demonstrate his
2890 or her ability to teach the subject area for which he or she is
2891 seeking certification by documenting a positive impact on
2892 student learning growth in a prekindergarten through grade 12
2893 setting and, except as provided in s. 1012.56(7)(a)3., achieving
2894 a passing score on the professional education competency
2895 examination, the basic skills examination, and the subject area
2896 examination for the subject area certification which is required
2897 by state board rule.
2898 Section 50. Paragraph (b) of subsection (2) of section
2899 1012.586, Florida Statutes, is amended to read:
2900 1012.586 Additions or changes to certificates; duplicate
2901 certificates; reading endorsement pathways.—
2902 (2)
2903 (b) As part of adopting a pathway pursuant to paragraph
2904 (a), the department shall review the competencies for the
2905 reading endorsement and subject area examinations for educator
2906 certificates identified pursuant to s. 1012.585(3)(g) s.
2907 1012.585(3)(f) for alignment with evidence-based instructional
2908 and intervention strategies rooted in the science of reading and
2909 identified pursuant to s. 1001.215(7) and recommend changes to
2910 the State Board of Education. Recommended changes must address
2911 identification of the characteristics of conditions such as
2912 dyslexia, implementation of evidence-based classroom instruction
2913 and interventions, including evidence-based reading instruction
2914 and interventions specifically for students with characteristics
2915 of dyslexia, and effective progress monitoring. By July 1, 2023,
2916 each school district reading endorsement add-on program must be
2917 resubmitted for approval by the department consistent with this
2918 paragraph.
2919 Section 51. Paragraph (b) of subsection (5) of section
2920 1012.98, Florida Statutes, is amended to read:
2921 1012.98 School Community Professional Learning Act.—
2922 (5) The Department of Education, school districts, schools,
2923 Florida College System institutions, and state universities
2924 share the responsibilities described in this section. These
2925 responsibilities include the following:
2926 (b) Each school district shall develop a professional
2927 learning system as specified in subsection (4). The system shall
2928 be developed in consultation with teachers, teacher-educators of
2929 Florida College System institutions and state universities,
2930 business and community representatives, and local education
2931 foundations, consortia, and professional organizations. The
2932 professional learning system must:
2933 1. Be reviewed and approved by the department for
2934 compliance with s. 1003.42(3) and this section. Effective March
2935 1, 2024, the department shall establish a calendar for the
2936 review and approval of all professional learning systems. A
2937 professional learning system must be reviewed and approved every
2938 5 years. Any substantial revisions to the system must be
2939 submitted to the department for review and approval. The
2940 department shall establish a format for the review and approval
2941 of a professional learning system.
2942 2. Be based on analyses of student achievement data and
2943 instructional strategies and methods that support rigorous,
2944 relevant, and challenging curricula for all students. Schools
2945 and districts, in developing and refining the professional
2946 learning system, shall also review and monitor school discipline
2947 data; school environment surveys; assessments of parental
2948 satisfaction; performance appraisal data of teachers, managers,
2949 and administrative personnel; and other performance indicators
2950 to identify school and student needs that can be met by improved
2951 professional performance.
2952 3. Provide inservice activities coupled with follow-up
2953 followup support appropriate to accomplish district-level and
2954 school-level improvement goals and standards. The inservice
2955 activities for instructional and school administrative personnel
2956 shall focus on analysis of student achievement data; ongoing
2957 formal and informal assessments of student achievement;
2958 identification and use of enhanced and differentiated
2959 instructional strategies that emphasize rigor, relevance, and
2960 reading in the content areas; enhancement of subject content
2961 expertise; integrated use of classroom technology that enhances
2962 teaching and learning; classroom management; parent involvement;
2963 and school safety.
2964 4. Provide inservice activities and support targeted to the
2965 individual needs of new teachers participating in the
2966 professional learning certification and education competency
2967 program under s. 1012.56(8)(a).
2968 5. Include a professional learning catalog for inservice
2969 activities, pursuant to rules of the State Board of Education,
2970 for all district employees from all fund sources. The catalog
2971 must be updated annually by September 1, must be based on input
2972 from teachers and district and school instructional leaders, and
2973 must use the latest available student achievement data and
2974 research to enhance rigor and relevance in the classroom. Each
2975 district inservice catalog must be aligned to and support the
2976 school-based inservice catalog and school improvement plans
2977 pursuant to s. 1001.42(18). Each district inservice catalog must
2978 provide a description of the training that middle grades
2979 instructional personnel and school administrators receive on the
2980 district’s code of student conduct adopted pursuant to s.
2981 1006.07; integrated digital instruction and competency-based
2982 instruction and CAPE Digital Tool certificates and CAPE industry
2983 certifications; classroom management; student behavior and
2984 interaction; extended learning opportunities for students; and
2985 instructional leadership. District plans must be approved by the
2986 district school board annually in order to ensure compliance
2987 with subsection (1) and to allow for dissemination of research
2988 based best practices to other districts. District school boards
2989 shall submit verification of their approval to the Commissioner
2990 of Education no later than October 1, annually. Each school
2991 principal may establish and maintain an individual professional
2992 learning plan for each instructional employee assigned to the
2993 school as a seamless component to the school improvement plans
2994 developed pursuant to s. 1001.42(18). An individual professional
2995 learning plan must be related to specific performance data for
2996 the students to whom the teacher is assigned, define the
2997 inservice objectives and specific measurable improvements
2998 expected in student performance as a result of the inservice
2999 activity, and include an evaluation component that determines
3000 the effectiveness of the professional learning plan.
3001 6. Include inservice activities for school administrative
3002 personnel, aligned to the state’s educational leadership
3003 standards, which address updated skills necessary for
3004 instructional leadership and effective school management
3005 pursuant to s. 1012.986.
3006 7. Provide for systematic consultation with regional and
3007 state personnel designated to provide technical assistance and
3008 evaluation of local professional learning programs.
3009 8. Provide for delivery of professional learning by
3010 distance learning and other technology-based delivery systems to
3011 reach more educators at lower costs.
3012 9. Provide for the continuous evaluation of the quality and
3013 effectiveness of professional learning programs in order to
3014 eliminate ineffective programs and strategies and to expand
3015 effective ones. Evaluations must consider the impact of such
3016 activities on the performance of participating educators and
3017 their students’ achievement and behavior.
3018 10. For all grades, emphasize:
3019 a. Interdisciplinary planning, collaboration, and
3020 instruction.
3021 b. Alignment of curriculum and instructional materials to
3022 the state academic standards adopted pursuant to s. 1003.41.
3023 c. Use of small learning communities; problem-solving,
3024 inquiry-driven research and analytical approaches for students;
3025 strategies and tools based on student needs; competency-based
3026 instruction; integrated digital instruction; and project-based
3027 instruction.
3028
3029 Each school that includes any of grades 6, 7, or 8 shall include
3030 in its school improvement plan, required under s. 1001.42(18), a
3031 description of the specific strategies used by the school to
3032 implement each item listed in this subparagraph.
3033 11. Provide training to reading coaches, classroom
3034 teachers, and school administrators in effective methods of
3035 identifying characteristics of conditions such as dyslexia and
3036 other causes of diminished phonological processing skills;
3037 incorporating instructional techniques into the general
3038 education setting which are proven to improve reading
3039 performance for all students; and using predictive and other
3040 data to make instructional decisions based on individual student
3041 needs. The training must help teachers integrate phonemic
3042 awareness; phonics, word study, and spelling; reading fluency;
3043 vocabulary, including academic vocabulary; and text
3044 comprehension strategies into an explicit, systematic, and
3045 sequential approach to reading instruction, including
3046 multisensory intervention strategies. Such training for teaching
3047 foundational skills must be based on the science of reading and
3048 include phonics instruction for decoding and encoding as the
3049 primary instructional strategy for word reading. Instructional
3050 strategies included in the training may not employ the three
3051 cueing system model of reading or visual memory as a basis for
3052 teaching word reading. Such instructional strategies may include
3053 visual information and strategies which improve background and
3054 experiential knowledge, add context, and increase oral language
3055 and vocabulary to support comprehension, but may not be used to
3056 teach word reading. Each district must provide all elementary
3057 grades instructional personnel access to training sufficient to
3058 meet the requirements of s. 1012.585(3)(g) s. 1012.585(3)(f).
3059 Section 52. Except as otherwise expressly provided in this
3060 act and except for this section, which shall take effect upon
3061 becoming a law, this act shall take effect July 1, 2025.