July 15, 2020
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       Florida Senate - 2010                             CS for SB 1368
       
       
       
       By the Committee on Education Pre-K - 12 Appropriations; and
       Senator Wise
       
       
       
       602-03214B-10                                         20101368c1
    1                        A bill to be entitled                      
    2         An act relating to public school funding; amending s.
    3         212.055, F.S.; deleting a requirement that school
    4         boards imposing the school capital outlay surtax
    5         freeze noncapital local school property taxes for at
    6         least 3 years; repealing s. 216.292(2)(d), F.S.,
    7         relating to the transfer of funds for class size
    8         reduction; conforming provisions to changes made by
    9         the act; amending s. 1001.395, F.S.; extending the
   10         duration of a provision specifying methods to
   11         calculate the salary of a school board member;
   12         amending s. 1001.451, F.S.; removing the repeal of
   13         provisions authorizing a reduction in the incentive
   14         grants that are awarded to consortium service
   15         organizations; amending s. 1002.32, F.S.; including
   16         the millage levied for fixed capital outlay in
   17         determining the amount provided to lab schools for
   18         operating expenses; amending s. 1002.33, F.S.;
   19         requiring that a charter school comply with statutes
   20         pertaining to maximum class size; providing that
   21         certain capital outlay funds shared with a charter
   22         school-in-the-workplace before July 1, 2010, are
   23         deemed to meet certain expenditure requirements;
   24         revising requirements for calculating the
   25         administrative fee that the sponsor of a charter
   26         school may withhold and use for capital outlay
   27         purposes; amending s. 1002.37, F.S.; providing certain
   28         limitations on reporting credits earned by a student
   29         through the Florida Virtual School for purposes of
   30         funding; including the millage levied for fixed
   31         capital outlay in determining the amount provided to
   32         the Florida Virtual School for operating expenses;
   33         amending s. 1002.45, F.S.; providing for school
   34         district virtual instruction programs to include
   35         programs offered by community colleges; requiring that
   36         community college instructors meet certification
   37         requirements; prohibiting a community college from
   38         reporting students served in a school district virtual
   39         instruction program for funding under the Community
   40         College Program Fund; removing obsolete provisions
   41         requiring a report; amending ss. 1002.55 and 1002.63,
   42         F.S.; revising the requirements for private
   43         prekindergarten providers and public school-year
   44         prekindergarten programs with respect to the number of
   45         students for each class; requiring an instructor for
   46         certain classes who holds specified credentials;
   47         amending s. 1002.71, F.S.; reducing the amount of
   48         funds that an early learning coalition may retain for
   49         administrative purposes from funds paid to private
   50         prekindergarten providers and public schools; amending
   51         s. 1003.03, F.S.; revising requirements for the
   52         Department of Education with respect to calculating
   53         the maximum class size based on student membership;
   54         deleting obsolete provisions; providing for reductions
   55         in a district’s class-size-reduction operating
   56         categorical allocation under certain circumstances;
   57         providing for a budget amendment in the case of an
   58         extreme emergency and subject to approval of the
   59         Legislative Budget Commission; providing for
   60         alternative measures to take effect upon approval of
   61         an amendment to the State Constitution by the electors
   62         of the state; providing for virtual instruction
   63         courses to be included in implementing the class size
   64         maximums; amending s. 1003.492, F.S.; clarifying the
   65         duties of the Department of Education in approving the
   66         list of industry certifications for career education
   67         programs; amending s. 1006.28, F.S.; redefining the
   68         term “adequate instructional materials” to include
   69         electronic content; creating s. 1006.281, F.S.;
   70         encouraging school districts to provide access for
   71         teachers, students, and parents to an electronic
   72         learning management system; specifying the required
   73         functionality of such a system; requiring the
   74         Department of Education to assist school districts in
   75         deploying an electronic learning management system;
   76         amending s. 1006.29, F.S.; providing that
   77         instructional materials include electronic content;
   78         requiring that a publisher or manufacturer providing
   79         instructional materials as a single bundle make the
   80         materials available separately and priced
   81         individually; requiring that instructional materials
   82         adopted after a specified date for students in grades
   83         9 through 12 be provided primarily in an electronic
   84         format; amending s. 1006.33, F.S.; requiring that an
   85         advertisement for bids for instructional materials
   86         require the bidder to furnish electronic specimen
   87         copies of the materials; requiring that district
   88         school superintendents request samples in a format
   89         other than an electronic format through the
   90         department; amending s. 1006.40, F.S.; requiring that
   91         a specified percentage of a district’s annual
   92         allocation for instructional materials be used for
   93         electronic materials beginning with the 2012-2013
   94         fiscal year; including electronic content as an
   95         approved item of instruction; amending s. 1007.27,
   96         F.S.; providing that secondary school students are
   97         authorized users of the state-funded electronic
   98         library resources licensed for public colleges and
   99         universities; providing for verification of
  100         eligibility according to rules established by the
  101         State Board of Education and the Board of Governors of
  102         the State University System; amending s. 1008.34,
  103         F.S.; providing for the calculation of certain school
  104         grades to include student completion of specified
  105         courses; amending s. 1011.03, F.S.; requiring that a
  106         district school board post its proposed millage levies
  107         on the district’s website; revising the requirements
  108         for publishing the proposed levies in a newspaper;
  109         amending s. 1011.60, F.S.; deleting a requirement that
  110         the State Board of Education adopt rules governing the
  111         school term; amending s. 1011.62, F.S.; revising the
  112         requirements for calculating full-time equivalent
  113         student membership; reducing the amount authorized for
  114         teacher bonuses; requiring that a district allocate a
  115         specified percentage of funds for industry
  116         certification to the center or program that generated
  117         the funds; authorizing a district school board to use
  118         categorical funds for materials that meet the Next
  119         Generation Sunshine State Standards and for certain
  120         hardware; providing for adjusting a district’s
  121         sparsity supplement based on Merit Award Program
  122         funds; clarifying that a calculation subsequent to an
  123         appropriation does not result in negative state funds
  124         for any district; amending s. 1011.64, F.S., relating
  125         to minimum classroom expenditure requirements;
  126         conforming a cross-reference; amending s. 1011.67,
  127         F.S.; removing requirements for the staggered
  128         distribution of funds to districts for instructional
  129         materials; amending s. 1011.66, F.S.; removing a
  130         provision authorizing the distribution of 60 percent
  131         of FEFP funds to a district during the first quarter
  132         of a fiscal year; amending s. 1011.68, F.S.; requiring
  133         that the allocation for student transportation be
  134         determined by the Legislature rather than based on the
  135         prior year’s average student cost for transportation;
  136         amending s. 1011.71, F.S.; removing certain
  137         requirements for the additional millage levied by a
  138         district for critical capital outlay needs or critical
  139         operating needs; amending s. 1011.73, F.S., relating
  140         to district millage elections; correcting a cross
  141         reference; amending s. 1012.33, F.S.; exempting
  142         specified reemployed instructional personnel from
  143         certain requirements for determining pay; amending s.
  144         1012.467, F.S.; requiring school districts to accept
  145         reciprocity of level 2 screening for Florida High
  146         School Athletic Association Officials; amending s.
  147         1012.55, F.S.; requiring that instructional personnel
  148         providing instruction through a virtual environment
  149         hold certification as otherwise required by law and
  150         rule; amending s. 1013.62, F.S.; providing that a
  151         charter school must serve students in facilities that
  152         are provided by a business partner for a charter
  153         school-in-the-workplace to be eligible for an
  154         allocation of funds for capital outlay purposes;
  155         providing for the incorporation by reference of
  156         certain calculations used by the Legislature for the
  157         2010-2011 fiscal year; providing effective dates.
  158  
  159  Be It Enacted by the Legislature of the State of Florida:
  160  
  161         Section 1. Paragraphs (d) and (e) of subsection (6) of
  162  section 212.055, Florida Statutes, are amended to read:
  163         212.055 Discretionary sales surtaxes; legislative intent;
  164  authorization and use of proceeds.—It is the legislative intent
  165  that any authorization for imposition of a discretionary sales
  166  surtax shall be published in the Florida Statutes as a
  167  subsection of this section, irrespective of the duration of the
  168  levy. Each enactment shall specify the types of counties
  169  authorized to levy; the rate or rates which may be imposed; the
  170  maximum length of time the surtax may be imposed, if any; the
  171  procedure which must be followed to secure voter approval, if
  172  required; the purpose for which the proceeds may be expended;
  173  and such other requirements as the Legislature may provide.
  174  Taxable transactions and administrative procedures shall be as
  175  provided in s. 212.054.
  176         (6) SCHOOL CAPITAL OUTLAY SURTAX.—
  177         (d)Any school board imposing the surtax shall implement a
  178  freeze on noncapital local school property taxes, at the millage
  179  rate imposed in the year prior to the implementation of the
  180  surtax, for a period of at least 3 years from the date of
  181  imposition of the surtax. This provision shall not apply to
  182  existing debt service or taxes authorized in the General
  183  Appropriations Act.
  184         (d)(e) Surtax revenues collected by the Department of
  185  Revenue pursuant to this subsection shall be distributed to the
  186  school board imposing the surtax in accordance with law.
  187         Section 2. Paragraph (d) of subsection (2) of section
  188  216.292, Florida Statutes, is repealed.
  189         Section 3. Subsection (3) of section 1001.395, Florida
  190  Statutes, is amended to read:
  191         1001.395 District school board members; compensation.—
  192         (3) Notwithstanding the provisions of this section and s.
  193  145.19, for the 2010-2011 2009-2010 fiscal year, the salary of
  194  each district school board member shall be the amount calculated
  195  pursuant to subsection (1) or the district’s beginning salary
  196  for teachers who hold baccalaureate degrees, whichever is less.
  197         Section 4. Paragraph (c) of subsection (2) of section
  198  1001.451, Florida Statutes, is amended to read:
  199         1001.451 Regional consortium service organizations.—In
  200  order to provide a full range of programs to larger numbers of
  201  students, minimize duplication of services, and encourage the
  202  development of new programs and services:
  203         (2)
  204         (c) Notwithstanding paragraph (a), the appropriation for
  205  any the 2009-2010 fiscal year may be less than $50,000 per
  206  school district and eligible member. If the amount appropriated
  207  is insufficient to provide $50,000, the funds available must be
  208  prorated among all eligible districts and members. This
  209  paragraph expires July 1, 2010.
  210         Section 5. Paragraph (d) of subsection (9) of section
  211  1002.32, Florida Statutes, is amended to read:
  212         1002.32 Developmental research (laboratory) schools.—
  213         (9) FUNDING.—Funding for a lab school, including a charter
  214  lab school, shall be provided as follows:
  215         (d) Each lab school shall receive funds for operating
  216  purposes in an amount determined as follows: multiply the
  217  maximum allowable nonvoted discretionary millage for operations
  218  pursuant to s. 1011.71(1) and (3) by the value of 95 percent of
  219  the current year’s taxable value for school purposes for the
  220  district in which each lab school is located; divide the result
  221  by the total full-time equivalent membership of the district;
  222  and multiply the result by the full-time equivalent membership
  223  of the lab school. The amount thus obtained shall be
  224  discretionary operating funds and shall be appropriated from
  225  state funds in the General Appropriations Act to the Lab School
  226  Trust Fund.
  227         Section 6. Paragraph (a) of subsection (16), subsection
  228  (19), and paragraph (a) of subsection (20) of section 1002.33,
  229  Florida Statutes, are amended to read:
  230         1002.33 Charter schools.—
  231         (16) EXEMPTION FROM STATUTES.—
  232         (a) A charter school shall operate in accordance with its
  233  charter and shall be exempt from all statutes in chapters 1000
  234  1013. However, a charter school shall be in compliance with the
  235  following statutes in chapters 1000-1013:
  236         1. Those statutes specifically applying to charter schools,
  237  including this section.
  238         2. Those statutes pertaining to the student assessment
  239  program and school grading system.
  240         3. Those statutes pertaining to the provision of services
  241  to students with disabilities.
  242         4. Those statutes pertaining to civil rights, including s.
  243  1000.05, relating to discrimination.
  244         5. Those statutes pertaining to student health, safety, and
  245  welfare.
  246         6. Those statutes pertaining to maximum class size.
  247         (19) CAPITAL OUTLAY FUNDING.—Charter schools are eligible 
  248  for capital outlay funds pursuant to s. 1013.62. Capital outlay
  249  funds authorized in s. 1011.71(2) which have been shared with a
  250  charter school-in-the-workplace prior to July 1, 2010, are
  251  deemed to have met the authorized expenditure requirements for
  252  such funds.
  253         (20) SERVICES.—
  254         (a)1. A sponsor shall provide certain administrative and
  255  educational services to charter schools. These services shall
  256  include contract management services; full-time equivalent and
  257  data reporting services; exceptional student education
  258  administration services; services related to eligibility and
  259  reporting duties required to ensure that school lunch services
  260  under the federal lunch program, consistent with the needs of
  261  the charter school, are provided by the school district at the
  262  request of the charter school, that any funds due to the charter
  263  school under the federal lunch program be paid to the charter
  264  school as soon as the charter school begins serving food under
  265  the federal lunch program, and that the charter school is paid
  266  at the same time and in the same manner under the federal lunch
  267  program as other public schools serviced by the sponsor or the
  268  school district; test administration services, including payment
  269  of the costs of state-required or district-required student
  270  assessments; processing of teacher certificate data services;
  271  and information services, including equal access to student
  272  information systems that are used by public schools in the
  273  district in which the charter school is located. Student
  274  performance data for each student in a charter school,
  275  including, but not limited to, FCAT scores, standardized test
  276  scores, previous public school student report cards, and student
  277  performance measures, shall be provided by the sponsor to a
  278  charter school in the same manner provided to other public
  279  schools in the district.
  280         2. A total administrative fee for the provision of such
  281  services shall be calculated based upon up to 5 percent of the
  282  available funds defined in paragraph (17)(b) for all students.
  283  However, a sponsor may only withhold up to a 5 percent 5-percent
  284  administrative fee for enrollment for up to and including 250
  285  500 students. For charter schools with a population of 251 501
  286  or more students, the difference between the total
  287  administrative fee calculation and the amount of the
  288  administrative fee withheld may only be used for capital outlay
  289  purposes specified in s. 1013.62(2).
  290         3. In addition, a sponsor may withhold only up to a 5
  291  percent administrative fee for enrollment for up to and
  292  including 500 students within the system for a system of charter
  293  schools which meets all of the following:
  294         a. Includes both conversion charter schools and non
  295  conversion charter schools;
  296         b. All schools are located in the same municipality in the
  297  same county;
  298         c. Has a total enrollment exceeding the total enrollment of
  299  at least one county school district in the state;
  300         d. Has the same governing board; and
  301         e. Does not contract with a for-profit service provider for
  302  management of school operations.
  303         4. The difference between the total administrative fee
  304  calculation and the amount of the administrative fee withheld
  305  for such system of charter schools may be used for instructional
  306  and administrative purposes as well as for capital outlay
  307  purposes specified in s. 1013.62(2).
  308         5. Each charter school shall receive 100 percent of the
  309  funds awarded to that school pursuant to s. 1012.225. Sponsors
  310  shall not charge charter schools any additional fees or
  311  surcharges for administrative and educational services in
  312  addition to the maximum 5 percent 5-percent administrative fee
  313  withheld pursuant to this paragraph.
  314         Section 7. Paragraphs (a) and (f) of subsection (3) of
  315  section 1002.37, Florida Statutes, are amended to read:
  316         1002.37 The Florida Virtual School.—
  317         (3) Funding for the Florida Virtual School shall be
  318  provided as follows:
  319         (a) A “full-time equivalent student” for the Florida
  320  Virtual School is one student who has successfully completed six
  321  credits that shall count toward the minimum number of credits
  322  required for high school graduation. A student who completes
  323  less than six credits shall be a fraction of a full-time
  324  equivalent student. Half-credit completions shall be included in
  325  determining a full-time equivalent student. Half-credits earned
  326  by a student 20 weeks or more after beginning the course, and
  327  credits earned by a student 40 weeks or more after beginning the
  328  course, are not eligible to be funded and may not be reported.
  329  Credit completed by a student in excess of the minimum required
  330  for that student for high school graduation is not eligible for
  331  funding.
  332         (f) The Florida Virtual School shall receive funds for
  333  operating purposes in an amount determined as follows: multiply
  334  the maximum allowable nonvoted discretionary millage for
  335  operations pursuant to s. 1011.71(1) and (3) by the value of 95
  336  percent of the current year’s taxable value for school purposes
  337  for the state; divide the result by the total full-time
  338  equivalent membership of the state; and multiply the result by
  339  the full-time equivalent membership of the school. The amount
  340  thus obtained shall be discretionary operating funds and shall
  341  be appropriated from state funds in the General Appropriations
  342  Act.
  343         Section 8. Paragraphs (a) and (b) of subsection (1),
  344  paragraph (a) of subsection (2), and subsections (7) and (12) of
  345  section 1002.45, Florida Statutes, are amended to read:
  346         1002.45 School district virtual instruction programs.—
  347         (1) PROGRAM.—
  348         (a) For purposes of this section, the term:
  349         1. “Approved provider” means a provider that is approved by
  350  the Department of Education under subsection (2), the Florida
  351  Virtual School, or a franchise of the Florida Virtual School, or
  352  a public community college.
  353         2. “Virtual instruction program” means a program of
  354  instruction provided in an interactive learning environment
  355  created through technology in which students are separated from
  356  their teachers by time or space, or both, and in which a
  357  Florida-certified teacher under chapter 1012 is responsible for
  358  at least:
  359         a. Fifty percent of the direct instruction to students in
  360  kindergarten through grade 5; or
  361         b. Eighty percent of the direct instruction to students in
  362  grades 6 through 12.
  363         (b) Beginning with the 2009-2010 school year, each school
  364  district shall provide eligible students within its boundaries
  365  the option of participating in a virtual instruction program.
  366  The purpose of the program is to make instruction available to
  367  students using online and distance learning technology in the
  368  nontraditional classroom. The program shall be:
  369         1. Full-time for students enrolled in kindergarten through
  370  grade 12.
  371         2. Full-time or part-time for students in grades 9 through
  372  12 who are enrolled in dropout prevention and academic
  373  intervention programs under s. 1003.53, or Department of
  374  Juvenile Justice education programs under s. 1003.52, core
  375  curricula courses to meet class size requirements, or community
  376  colleges in grades 9 through 12.
  377         (2) PROVIDER QUALIFICATIONS.—
  378         (a) The department shall annually provide school districts
  379  with a list of providers approved to offer virtual instruction
  380  programs. To be approved by the department, a provider must
  381  document that it:
  382         1. Is nonsectarian in its programs, admission policies,
  383  employment practices, and operations;
  384         2. Complies with the antidiscrimination provisions of s.
  385  1000.05;
  386         3. Locates an administrative office or offices in this
  387  state, requires its administrative staff to be state residents,
  388  requires all instructional staff to be Florida-certified
  389  teachers under chapter 1012, and conducts background screenings
  390  for all employees or contracted personnel, as required by s.
  391  1012.32, using state and national criminal history records;
  392         4. Possesses prior, successful experience offering online
  393  courses to elementary, middle, or high school students; and
  394         5. Is accredited by the Southern Association of Colleges
  395  and Schools Council on Accreditation and School Improvement, the
  396  North Central Association Commission on Accreditation and School
  397  Improvement, the Middle States Association of Colleges and
  398  Schools Commission on Elementary Schools and Commission on
  399  Secondary Schools, the New England Association of Schools and
  400  Colleges, the Northwest Association of Accredited Schools, the
  401  Western Association of Schools and Colleges, or the Commission
  402  on International and Trans-Regional Accreditation; and.
  403         6. If the provider is a community college, its instructors
  404  meet the certification requirements for instructional staff.
  405         (7) FUNDING.—
  406         (a) For purposes of a school district virtual instruction
  407  program, “full-time equivalent student” has the same meaning as
  408  provided in s. 1011.61(1)(c)1.b.(III) or (IV).
  409         (b) The school district in which the student resides shall
  410  report full-time equivalent students for the school district
  411  virtual instruction program to the department in a manner
  412  prescribed by the department, and funding shall be provided
  413  through the Florida Education Finance Program. Funds received by
  414  the school district of residence for a student in a virtual
  415  instruction program provided by another school district under
  416  this section shall be transferred to the school district
  417  providing the virtual instruction program.
  418         (c) A community college provider may not report students
  419  who are served in a school district virtual instruction program
  420  for funding under the Community College Program Fund.
  421         (12)STUDY.—The department shall review the advisability of
  422  legislatively authorizing school districts to contract with
  423  approved private providers for the provision of part-time
  424  virtual instruction programs for students in grades 9 through 12
  425  who are not enrolled in programs under ss. 1003.52 and 1003.53.
  426  The department shall report its findings and recommendations to
  427  the presiding officers of the Legislature and the Governor by
  428  January 15, 2010.
  429         Section 9. Paragraphs (c) and (f) of subsection (3) of
  430  section 1002.55, Florida Statutes, are amended to read:
  431         1002.55 School-year prekindergarten program delivered by
  432  private prekindergarten providers.—
  433         (3) To be eligible to deliver the prekindergarten program,
  434  a private prekindergarten provider must meet each of the
  435  following requirements:
  436         (c) The private prekindergarten provider must have, for
  437  each prekindergarten class composed of 12 children or fewer, at
  438  least one prekindergarten instructor who meets each of the
  439  following requirements:
  440         1. The prekindergarten instructor must hold, at a minimum,
  441  one of the following credentials:
  442         a. A child development associate credential issued by the
  443  National Credentialing Program of the Council for Professional
  444  Recognition; or
  445         b. A credential approved by the Department of Children and
  446  Family Services as being equivalent to or greater than the
  447  credential described in sub-subparagraph a.
  448  
  449  The Department of Children and Family Services may adopt rules
  450  under ss. 120.536(1) and 120.54 which provide criteria and
  451  procedures for approving equivalent credentials under sub
  452  subparagraph b.
  453         2. The prekindergarten instructor must successfully
  454  complete an emergent literacy training course approved by the
  455  department as meeting or exceeding the minimum standards adopted
  456  under s. 1002.59. This subparagraph does not apply to a
  457  prekindergarten instructor who successfully completes approved
  458  training in early literacy and language development under s.
  459  402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
  460  establishment of one or more emergent literacy training courses
  461  under s. 1002.59 or April 1, 2005, whichever occurs later.
  462         (f) Each of the private prekindergarten provider’s
  463  prekindergarten classes must be composed of at least 4 students
  464  but may not exceed 24 18 students. In order to protect the
  465  health and safety of students, each private prekindergarten
  466  provider must also provide appropriate adult supervision for
  467  students at all times and, for each prekindergarten class
  468  composed of 13 to 20 11 or more students, must have, in addition
  469  to a prekindergarten instructor who meets the requirements of
  470  paragraph (c), at least one adult prekindergarten instructor who
  471  is not required to meet those requirements but who must meet
  472  each requirement of paragraph (d). Each prekindergarten class
  473  composed of 21 to 24 students must have an additional
  474  prekindergarten instructor who meets the requirements of
  475  paragraph (c). This paragraph does not supersede any requirement
  476  imposed on a provider under ss. 402.301-402.319.
  477         Section 10. Subsection (7) of section 1002.63, Florida
  478  Statutes, is amended to read:
  479         1002.63 School-year prekindergarten program delivered by
  480  public schools.—
  481         (7) Each prekindergarten class in a public school
  482  delivering the school-year prekindergarten program must be
  483  composed of at least 4 students but may not exceed 24 18
  484  students. In order to protect the health and safety of students,
  485  each school must also provide appropriate adult supervision for
  486  students at all times and, for each prekindergarten class
  487  composed of 13 to 20 11 or more students, must have, in addition
  488  to a prekindergarten instructor who meets the requirements of s.
  489  1002.55(3)(c), at least one adult prekindergarten instructor who
  490  is not required to meet those requirements but who must meet
  491  each requirement of subsection (5). Each prekindergarten class
  492  composed of 21 to 24 students must have an additional
  493  prekindergarten instructor who meets the requirements of
  494  paragraph (c).
  495         Section 11. Subsection (7) of section 1002.71, Florida
  496  Statutes, is amended to read:
  497         1002.71 Funding; financial and attendance reporting.—
  498         (7) The Agency for Workforce Innovation shall require that
  499  administrative expenditures be kept to the minimum necessary for
  500  efficient and effective administration of the Voluntary
  501  Prekindergarten Education Program. Administrative policies and
  502  procedures shall be revised, to the maximum extent practicable,
  503  to incorporate the use of automation and electronic submission
  504  of forms, including those required for child eligibility and
  505  enrollment, provider and class registration, and monthly
  506  certification of attendance for payment. A school district may
  507  use its automated daily attendance reporting system for the
  508  purpose of transmitting attendance records to the early learning
  509  coalition in a mutually agreed-upon format. In addition, actions
  510  shall be taken to reduce paperwork, eliminate the duplication of
  511  reports, and eliminate other duplicative activities. Beginning
  512  with the 2010-2011 2008-2009 fiscal year, each early learning
  513  coalition may retain and expend no more than 4.5 4.85 percent of
  514  the funds paid by the coalition to private prekindergarten
  515  providers and public schools under paragraph (5)(b). Funds
  516  retained by an early learning coalition under this subsection
  517  may be used only for administering the Voluntary Prekindergarten
  518  Education Program and may not be used for the school readiness
  519  program or other programs.
  520         Section 12. Subsections (2), (3), and (4) of section
  521  1003.03, Florida Statutes, are amended to read:
  522         1003.03 Maximum class size.—
  523         (2) IMPLEMENTATION.—The Department of Education shall
  524  annually calculate class size measures defined in subsection (1)
  525  based upon the October student membership survey, except that
  526  the calculation for 2010-2011 shall be based on the February
  527  student membership survey.
  528         (a)Beginning with the 2003-2004 fiscal year, each school
  529  district that is not in compliance with the maximums in
  530  subsection (1) shall reduce the average number of students per
  531  classroom in each of the following grade groupings:
  532  prekindergarten through grade 3, grade 4 through grade 8, and
  533  grade 9 through grade 12, by at least two students each year.
  534         (b)Determination of the number of students per classroom
  535  in paragraph (a) shall be calculated as follows:
  536         1.For fiscal years 2003-2004 through 2005-2006, the
  537  calculation for compliance for each of the 3 grade groupings
  538  shall be the average at the district level.
  539         2.For fiscal years 2006-2007 through 2009-2010, the
  540  calculation for compliance for each of the 3 grade groupings
  541  shall be the average at the school level.
  542         3.For fiscal year 2010-2011 and thereafter, the
  543  calculation for compliance shall be at the individual classroom
  544  level.
  545         4.For fiscal years 2006-2007 through 2009-2010 and
  546  thereafter, each teacher assigned to any classroom shall be
  547  included in the calculation for compliance.
  548         (c)The Department of Education shall annually calculate
  549  each of the three average class size measures defined in
  550  paragraphs (a) and (b) based upon the October student membership
  551  survey. For purposes of determining the baseline from which each
  552  district’s average class size must be reduced for the 2003-2004
  553  school year, the department shall use data from the February
  554  2003 student membership survey updated to include classroom
  555  identification numbers as required by the department.
  556         (d)Prior to the adoption of the district school budget for
  557  2004-2005, each district school board shall hold public hearings
  558  to review school attendance zones in order to ensure maximum use
  559  of facilities while minimizing the additional use of
  560  transportation in order to comply with the two-student-per-year
  561  reduction required in paragraph (a). School districts that meet
  562  the constitutional class size maximums described in subsection
  563  (1) are exempt from this requirement.
  564         (3) IMPLEMENTATION OPTIONS.—District school boards must
  565  consider, but are not limited to, implementing the following
  566  items in order to meet the constitutional class size maximums
  567  described in subsection (1) and the two-student-per-year
  568  reduction required in subsection (2):
  569         (a) Adopt policies to encourage qualified students to take
  570  dual enrollment courses.
  571         (b) Adopt policies to encourage students to take courses
  572  from the Florida Virtual School and school district virtual
  573  instruction programs.
  574         (c)1. Repeal district school board policies that require
  575  students to have more than 24 credits to graduate from high
  576  school.
  577         2. Adopt policies to allow students to graduate from high
  578  school as soon as they pass the grade 10 FCAT and complete the
  579  courses required for high school graduation.
  580         (d) Use methods to maximize use of instructional staff,
  581  such as changing required teaching loads and scheduling of
  582  planning periods, deploying district employees that have
  583  professional certification to the classroom, using adjunct
  584  educators, or any other method not prohibited by law.
  585         (e) Use innovative methods to reduce the cost of school
  586  construction by using prototype school designs, using SMART
  587  Schools designs, participating in the School Infrastructure
  588  Thrift Program, or any other method not prohibited by law.
  589         (f) Use joint-use facilities through partnerships with
  590  community colleges, state universities, and private colleges and
  591  universities. Joint-use facilities available for use as K-12
  592  classrooms that do not meet the K-12 State Regulations for
  593  Educational Facilities in the Florida Building Code may be used
  594  at the discretion of the district school board provided that
  595  such facilities meet all other health, life, safety, and fire
  596  codes.
  597         (g) Adopt alternative methods of class scheduling, such as
  598  block scheduling.
  599         (h) Redraw school attendance zones to maximize use of
  600  facilities while minimizing the additional use of
  601  transportation.
  602         (i) Operate schools beyond the normal operating hours to
  603  provide classes in the evening or operate more than one session
  604  of school during the day.
  605         (j) Use year-round schools and other nontraditional
  606  calendars that do not adversely impact annual assessment of
  607  student achievement.
  608         (k) Review and consider amending any collective bargaining
  609  contracts that hinder the implementation of class size
  610  reduction.
  611         (l) Use any other approach not prohibited by law.
  612         (4) ACCOUNTABILITY.—
  613         (a)1. Beginning in the 2003-2004 fiscal year, if the
  614  department determines for any year that a school district has
  615  not reduced average class size as required in subsection (2) at
  616  the time of the third FEFP calculation, the department shall
  617  calculate an amount from the class size reduction operating
  618  categorical which is proportionate to the amount of class size
  619  reduction not accomplished. Upon verification of the
  620  department’s calculation by the Florida Education Finance
  621  Program Appropriation Allocation Conference and not later than
  622  March 1 of each year, the Executive Office of the Governor shall
  623  transfer undistributed funds equivalent to the calculated amount
  624  from the district’s class size reduction operating categorical
  625  to an approved fixed capital outlay appropriation for class size
  626  reduction in the affected district pursuant to s. 216.292(2)(d).
  627  The amount of funds transferred shall be the lesser of the
  628  amount verified by the Florida Education Finance Program
  629  Appropriation Allocation Conference or the undistributed balance
  630  of the district’s class size reduction operating categorical.
  631         2.In lieu of the transfer required by subparagraph 1., the
  632  Commissioner of Education may recommend a budget amendment,
  633  subject to approval by the Legislative Budget Commission, to
  634  transfer an alternative amount of funds from the district’s
  635  class size reduction operating categorical to its approved fixed
  636  capital outlay account for class size reduction if the
  637  commissioner finds that the State Board of Education has
  638  reviewed evidence indicating that a district has been unable to
  639  meet class size reduction requirements despite appropriate
  640  effort to do so. The commissioner’s budget amendment must be
  641  submitted to the Legislative Budget Commission by February 15 of
  642  each year.
  643         3.For the 2007-2008 fiscal year and thereafter, if in any
  644  fiscal year funds from a district’s class size operating
  645  categorical are required to be transferred to its fixed capital
  646  outlay fund and the district’s class size operating categorical
  647  allocation in the General Appropriations Act for that fiscal
  648  year has been reduced by a subsequent appropriation, the
  649  Commissioner of Education may recommend a 50-percent reduction
  650  in the amount of the transfer.
  651         (a)(b)Beginning in the 2010-2011 fiscal year and each year
  652  thereafter, If the department determines that the number of
  653  students assigned to any individual class exceed exceeds the
  654  class size maximum, as required in subsection (1) (2), at the
  655  time of the third FEFP calculation, except in 2010-2011 at the
  656  time of the fourth calculation, the department shall:
  657         1. Identify, for each grade group, the number of classes in
  658  which the enrollment exceeds the maximum, the number of students
  659  exceed which exceeds the maximum for each class, and the total
  660  number of students that exceed which exceeds the maximum for all
  661  classes.
  662         2. Determine the number of full-time equivalent students
  663  that exceed which exceeds the maximum class size for each grade
  664  group.
  665         3. Multiply the total number of FTE students that exceed
  666  which exceeds the maximum class size for each grade group by the
  667  district’s FTE dollar amount of the class-size-reduction
  668  allocation for that year and calculate the total for all three
  669  grade groups.
  670         4.Multiply the total number of FTE students that exceed
  671  the maximum for all classes by the amount of the base student
  672  allocation adjusted by the district’s district cost
  673  differential.
  674         5.4. Reduce the district’s class-size-reduction operating
  675  categorical allocation by an amount equal to the sum of the
  676  calculations calculation in subparagraphs subparagraph 3. and 4.
  677  The commissioner is authorized to withhold the distribution of
  678  class size allocation reduction funds to the extent necessary to
  679  comply with this section.
  680         (b)(c) Upon verification of the department’s calculation by
  681  the Florida Education Finance Program Appropriation Allocation
  682  Conference and no later than March 1 of each year, the Executive
  683  Office of the Governor shall place these funds in reserve, and
  684  the undistributed funds shall revert to the General Revenue Fund
  685  unallocated at the end of the fiscal year. The amount of funds
  686  reduced shall be the lesser of the amount verified by the
  687  Florida Education Finance Program Appropriation Allocation
  688  Conference or the undistributed balance of the district’s class
  689  size-reduction operating categorical allocation.
  690         (c)(d) In lieu of the reduction calculation in paragraph
  691  (a) (b), if the Commissioner of Education has evidence that a
  692  district was unable to meet the class size requirements despite
  693  appropriate efforts to do so or because of an extreme emergency,
  694  he or she may recommend a budget amendment, subject to approval
  695  of the Legislative Budget Commission, to reduce an alternative
  696  amount of funds from the district’s class-size-reduction
  697  operating categorical allocation. The commissioner’s budget
  698  amendment must be submitted to the Legislative Budget Commission
  699  by February 15 of each year.
  700         (d)The March 1 and February 15 dates in paragraphs (b) and
  701  (c) do not apply for the 2010-2011 fiscal year.
  702         (e)In addition to the calculation required in paragraph
  703  (a), at the time of the third FEFP calculation for the 2009-2010
  704  fiscal year, the department shall also prepare a simulated
  705  calculation based on the requirements in paragraphs (b) and (c).
  706  This simulated calculation shall be provided to the school
  707  districts and the Legislature.
  708         Section 13. Effective upon approval by the electors of
  709  Senate Joint Resolution 2 or House Joint Resolution 7039 in the
  710  2010 General Election and retroactive to the beginning of the
  711  2010-2011 school year, section 1003.03, Florida Statutes, is
  712  amended to read:
  713         1003.03 Maximum class size.—
  714         (1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.—Pursuant to s. 1,
  715  Art. IX of the State Constitution, beginning in the 2010-2011
  716  school year:
  717         (a)The average number of students at the school level
  718  assigned to each teacher who is teaching core-curricula courses
  719  in public school classrooms for prekindergarten through grade 3
  720  may not exceed 18 students and the maximum number of students
  721  assigned to a teacher in an individual class may not exceed 21
  722  students.
  723         (b)The average number of students at the school level
  724  assigned to each teacher who is teaching core-curricula courses
  725  in public school classrooms for grades 4 through 8 may not
  726  exceed 22 students and the maximum number of students assigned
  727  to a teacher in an individual class may not exceed 27 students.
  728         (c)The average number of students at the school level
  729  assigned to each teacher who is teaching core-curricula courses
  730  in public school classrooms for grades 9 through 12 may not
  731  exceed 25 students and the maximum number of students assigned
  732  to a teacher in an individual class may not exceed 30 students.
  733         (a)The maximum number of students assigned to each teacher
  734  who is teaching core-curricula courses in public school
  735  classrooms for prekindergarten through grade 3 may not exceed 18
  736  students.
  737         (b)The maximum number of students assigned to each teacher
  738  who is teaching core-curricula courses in public school
  739  classrooms for grades 4 through 8 may not exceed 22 students.
  740         (c)The maximum number of students assigned to each teacher
  741  who is teaching core-curricula courses in public school
  742  classrooms for grades 9 through 12 may not exceed 25 students.
  743         (2) IMPLEMENTATION.—The Department of Education shall
  744  annually calculate class size as defined in subsection (1) based
  745  upon the October student membership survey, except that the
  746  calculation for the 2010-2011 school year shall be based on the
  747  February student membership survey. The calculation for
  748  compliance for each of the three grade groupings shall be the
  749  number of students assigned to each teacher in an individual
  750  class and the average number of students at the school level
  751  assigned to each teacher. Each teacher assigned to any classroom
  752  shall be included in the calculation for compliance.
  753         (a)Beginning with the 2003-2004 fiscal year, each school
  754  district that is not in compliance with the maximums in
  755  subsection (1) shall reduce the average number of students per
  756  classroom in each of the following grade groupings:
  757  prekindergarten through grade 3, grade 4 through grade 8, and
  758  grade 9 through grade 12, by at least two students each year.
  759         (b)Determination of the number of students per classroom
  760  in paragraph (a) shall be calculated as follows:
  761         1.For fiscal years 2003-2004 through 2005-2006, the
  762  calculation for compliance for each of the 3 grade groupings
  763  shall be the average at the district level.
  764         2.For fiscal years 2006-2007 through 2009-2010, the
  765  calculation for compliance for each of the 3 grade groupings
  766  shall be the average at the school level.
  767         3.For fiscal year 2010-2011 and thereafter, the
  768  calculation for compliance shall be at the individual classroom
  769  level.
  770         4.For fiscal years 2006-2007 through 2009-2010 and
  771  thereafter, each teacher assigned to any classroom shall be
  772  included in the calculation for compliance.
  773         (c)The Department of Education shall annually calculate
  774  each of the three average class size measures defined in
  775  paragraphs (a) and (b) based upon the October student membership
  776  survey. For purposes of determining the baseline from which each
  777  district’s average class size must be reduced for the 2003-2004
  778  school year, the department shall use data from the February
  779  2003 student membership survey updated to include classroom
  780  identification numbers as required by the department.
  781         (d)Prior to the adoption of the district school budget for
  782  2004-2005, each district school board shall hold public hearings
  783  to review school attendance zones in order to ensure maximum use
  784  of facilities while minimizing the additional use of
  785  transportation in order to comply with the two-student-per-year
  786  reduction required in paragraph (a). School districts that meet
  787  the constitutional class size maximums described in subsection
  788  (1) are exempt from this requirement.
  789         (3) IMPLEMENTATION OPTIONS.—District school boards must
  790  consider, but are not limited to, implementing the following
  791  items in order to meet the constitutional class size maximums
  792  described in subsection (1) and the two-student-per-year
  793  reduction required in subsection (2):
  794         (a) Adopt policies to encourage qualified students to take
  795  dual enrollment courses.
  796         (b) Adopt policies to encourage students to take courses
  797  from the Florida Virtual School and school district virtual
  798  instruction programs.
  799         (c)1. Repeal district school board policies that require
  800  students to have more than 24 credits to graduate from high
  801  school.
  802         2. Adopt policies to allow students to graduate from high
  803  school as soon as they pass the grade 10 FCAT and complete the
  804  courses required for high school graduation.
  805         (d) Use methods to maximize use of instructional staff,
  806  such as changing required teaching loads and scheduling of
  807  planning periods, deploying district employees that have
  808  professional certification to the classroom, using adjunct
  809  educators, or any other method not prohibited by law.
  810         (e) Use innovative methods to reduce the cost of school
  811  construction by using prototype school designs, using SMART
  812  Schools designs, participating in the School Infrastructure
  813  Thrift Program, or any other method not prohibited by law.
  814         (f) Use joint-use facilities through partnerships with
  815  community colleges, state universities, and private colleges and
  816  universities. Joint-use facilities available for use as K-12
  817  classrooms that do not meet the K-12 State Regulations for
  818  Educational Facilities in the Florida Building Code may be used
  819  at the discretion of the district school board provided that
  820  such facilities meet all other health, life, safety, and fire
  821  codes.
  822         (g) Adopt alternative methods of class scheduling, such as
  823  block scheduling.
  824         (h) Redraw school attendance zones to maximize use of
  825  facilities while minimizing the additional use of
  826  transportation.
  827         (i) Operate schools beyond the normal operating hours to
  828  provide classes in the evening or operate more than one session
  829  of school during the day.
  830         (j) Use year-round schools and other nontraditional
  831  calendars that do not adversely impact annual assessment of
  832  student achievement.
  833         (k) Review and consider amending any collective bargaining
  834  contracts that hinder the implementation of class size
  835  reduction.
  836         (l) Use any other approach not prohibited by law.
  837         (4) ACCOUNTABILITY.—
  838         (a) If the department determines that the number of
  839  students assigned to any individual class exceeds the classroom
  840  maximum, or if the department determines that the school average
  841  is greater than the school level maximum, the department shall
  842  identify for each of three grade groups:
  843         1. The number of FTE students in an individual classroom
  844  that are greater than the classroom maximum and the number of
  845  FTE students that are greater than the school level average, not
  846  including the number of FTE that are greater than the classroom
  847  maximum.
  848         2.Multiply the total number of FTE students as calculated
  849  in subparagraph 1. which exceed the maximum class size for each
  850  grade group by the district’s FTE dollar amount of the class
  851  size-reduction allocation for that year and calculate the total
  852  dollar amount for all three grade groups.
  853         3.Multiply the total number of FTE students as calculated
  854  in subparagraph 1. which exceed the maximum by the amount of the
  855  base student allocation adjusted by the district cost
  856  differential.
  857         4.Reduce the district’s class-size-reduction operating
  858  categorical allocation by an amount equal to the sum of the
  859  calculations in subparagraphs 2. and 3. The commissioner is
  860  authorized to withhold the distribution of class size reduction
  861  allocation funds to the extent necessary to comply with this
  862  section.
  863         (a)1.Beginning in the 2003-2004 fiscal year, if the
  864  department determines for any year that a school district has
  865  not reduced average class size as required in subsection (2) at
  866  the time of the third FEFP calculation, the department shall
  867  calculate an amount from the class size reduction operating
  868  categorical which is proportionate to the amount of class size
  869  reduction not accomplished. Upon verification of the
  870  department’s calculation by the Florida Education Finance
  871  Program Appropriation Allocation Conference and not later than
  872  March 1 of each year, the Executive Office of the Governor shall
  873  transfer undistributed funds equivalent to the calculated amount
  874  from the district’s class size reduction operating categorical
  875  to an approved fixed capital outlay appropriation for class size
  876  reduction in the affected district pursuant to s. 216.292(2)(d).
  877  The amount of funds transferred shall be the lesser of the
  878  amount verified by the Florida Education Finance Program
  879  Appropriation Allocation Conference or the undistributed balance
  880  of the district’s class size reduction operating categorical.
  881         2.In lieu of the transfer required by subparagraph 1., the
  882  Commissioner of Education may recommend a budget amendment,
  883  subject to approval by the Legislative Budget Commission, to
  884  transfer an alternative amount of funds from the district’s
  885  class size reduction operating categorical to its approved fixed
  886  capital outlay account for class size reduction if the
  887  commissioner finds that the State Board of Education has
  888  reviewed evidence indicating that a district has been unable to
  889  meet class size reduction requirements despite appropriate
  890  effort to do so. The commissioner’s budget amendment must be
  891  submitted to the Legislative Budget Commission by February 15 of
  892  each year.
  893         3.For the 2007-2008 fiscal year and thereafter, if in any
  894  fiscal year funds from a district’s class size operating
  895  categorical are required to be transferred to its fixed capital
  896  outlay fund and the district’s class size operating categorical
  897  allocation in the General Appropriations Act for that fiscal
  898  year has been reduced by a subsequent appropriation, the
  899  Commissioner of Education may recommend a 50-percent reduction
  900  in the amount of the transfer.
  901         (b)(c) Upon verification of the department’s calculation by
  902  the Florida Education Finance Program Appropriation Allocation
  903  Conference and no later than March 1 of each year, the Executive
  904  Office of the Governor shall place these funds in reserve, and
  905  the undistributed funds shall revert to the General Revenue Fund
  906  unallocated at the end of the fiscal year. The amount of funds
  907  reduced shall be the lesser of the amount verified by the
  908  Florida Education Finance Program Appropriation Allocation
  909  Conference or the undistributed balance of the district’s class
  910  size-reduction operating categorical allocation.
  911         (c)(d) In lieu of the reduction calculation in paragraph
  912  (a) (b), if the Commissioner of Education has evidence that a
  913  district has been unable to meet the class size requirements
  914  despite appropriate efforts to do so or because of an extreme
  915  emergency, he or she may recommend a budget amendment, subject
  916  to approval of the Legislative Budget Commission, to reduce an
  917  alternative amount of funds from the district’s class-size
  918  reduction operating categorical allocation. The commissioner’s
  919  budget amendment must be submitted to the Legislative Budget
  920  Commission by February 15 of each year.
  921         (d)The March 1 and February 15 dates in paragraphs (b) and
  922  (c) do not apply for the 2010-2011 fiscal year.
  923         (e)In addition to the calculation required in paragraph
  924  (a), at the time of the third FEFP calculation for the 2009-2010
  925  fiscal year, the department shall also prepare a simulated
  926  calculation based on the requirements in paragraphs (b) and (c).
  927  This simulated calculation shall be provided to the school
  928  districts and the Legislature.
  929         (5) TEAM-TEACHING STRATEGIES.—
  930         (a) School districts may use teaching strategies that
  931  include the assignment of more than one teacher to a classroom
  932  of students and that were implemented before July 1, 2005.
  933  Effective July 1, 2005, school districts may implement
  934  additional teaching strategies that include the assignment of
  935  more than one teacher to a classroom of students for the
  936  following purposes only:
  937         1. Pairing teachers for the purpose of staff development.
  938         2. Pairing new teachers with veteran teachers.
  939         3. Reducing turnover among new teachers.
  940         4. Pairing teachers who are teaching out-of-field with
  941  teachers who are in-field.
  942         5. Providing for more flexibility and innovation in the
  943  classroom.
  944         6. Improving learning opportunities for students, including
  945  students who have disabilities.
  946         (b) Teaching strategies, including team teaching, co
  947  teaching, or inclusion teaching, implemented on or after July 1,
  948  2005, pursuant to paragraph (a) may be implemented subject to
  949  the following restrictions:
  950         1. Reasonable limits shall be placed on the number of
  951  students in a classroom so that classrooms are not overcrowded.
  952  Teacher-to-student ratios within a curriculum area or grade
  953  level must not exceed constitutional limits.
  954         2. At least one member of the team must have at least 3
  955  years of teaching experience.
  956         3. At least one member of the team must be teaching in
  957  field.
  958         4. The teachers must be trained in team-teaching methods
  959  within 1 year after assignment.
  960         (c) As used in this subsection, the term:
  961         1. “Team teaching” or “co-teaching” means two or more
  962  teachers are assigned to a group of students and each teacher is
  963  responsible for all of the students during the entire class
  964  period. In order to be considered team teaching or co-teaching,
  965  each teacher is responsible for planning, delivering, and
  966  evaluating instruction for all students in the class or subject
  967  for the entire class period.
  968         2. “Inclusion teaching” means two or more teachers are
  969  assigned to a group of students, but one of the teachers is
  970  responsible for only one student or a small group of students in
  971  the classroom.
  972  
  973  The use of strategies implemented as outlined in this subsection
  974  meets the letter and intent of the Florida Constitution and the
  975  Florida Statutes which relate to implementing class size
  976  reduction, and this subsection applies retroactively. A school
  977  district may not be penalized financially or otherwise as a
  978  result of the use of any legal strategy, including, but not
  979  limited to, those set forth in subsection (3) and this
  980  subsection.
  981         Section 14. Subsection (2) of section 1003.492, Florida
  982  Statutes, is amended to read:
  983         1003.492 Industry-certified career education programs.—
  984         (2) The State Board of Education shall use the expertise of
  985  Workforce Florida, Inc., and Enterprise Florida, Inc., to
  986  develop and adopt rules pursuant to ss. 120.536(1) and 120.54
  987  for implementing an industry certification process. Industry
  988  certification shall be defined by the Agency for Workforce
  989  Innovation, based upon the highest available national standards
  990  for specific industry certification, to ensure student skill
  991  proficiency and to address emerging labor market and industry
  992  trends. A regional workforce board or a career and professional
  993  academy may apply to Workforce Florida, Inc., to request
  994  additions to the approved list of industry certifications based
  995  on high-demand job requirements in the regional economy. The
  996  list of industry certifications approved by Workforce Florida,
  997  Inc., and the Department of Education shall be published and
  998  updated annually by a date certain, to be included in the
  999  adopted rule.
 1000         Section 15. Subsection (1) of section 1006.28, Florida
 1001  Statutes, is amended to read:
 1002         1006.28 Duties of district school board, district school
 1003  superintendent; and school principal regarding K-12
 1004  instructional materials.—
 1005         (1) DISTRICT SCHOOL BOARD.—The district school board has
 1006  the duty to provide adequate instructional materials for all
 1007  students in accordance with the requirements of this part. The
 1008  term “adequate instructional materials” means a sufficient
 1009  number of textbooks or sets of materials that are available in
 1010  bound, unbound, kit, or package form and may consist of hard
 1011  backed or soft-backed textbooks, electronic content,
 1012  consumables, learning laboratories, manipulatives, electronic
 1013  media, and computer courseware or software that serve as the
 1014  basis for instruction for each student in the core courses of
 1015  mathematics, language arts, social studies, science, reading,
 1016  and literature, except for instruction for which the school
 1017  advisory council approves the use of a program that does not
 1018  include a textbook as a major tool of instruction. The district
 1019  school board has the following specific duties:
 1020         (a) Courses of study; adoption.—Adopt courses of study for
 1021  use in the schools of the district.
 1022         (b) Textbooks.—Provide for proper requisitioning,
 1023  distribution, accounting, storage, care, and use of all
 1024  instructional materials furnished by the state and furnish such
 1025  other instructional materials as may be needed. The district
 1026  school board shall assure that instructional materials used in
 1027  the district are consistent with the district goals and
 1028  objectives and the curriculum frameworks adopted by rule of the
 1029  State Board of Education, as well as with the state and district
 1030  performance standards provided for in s. 1001.03(1).
 1031         (c) Other instructional materials.—Provide such other
 1032  teaching accessories and aids as are needed for the school
 1033  district’s educational program.
 1034         (d) School library media services; establishment and
 1035  maintenance.—Establish and maintain a program of school library
 1036  media services for all public schools in the district, including
 1037  school library media centers, or school library media centers
 1038  open to the public, and, in addition such traveling or
 1039  circulating libraries as may be needed for the proper operation
 1040  of the district school system.
 1041         Section 16. Section 1006.281, Florida Statutes, is created
 1042  to read:
 1043         1006.281Learning management systems.
 1044         (1)To ensure that all school districts have equitable
 1045  access to digitally rich instructional materials, districts are
 1046  encouraged to provide access to an electronic learning
 1047  management system that allows teachers, students, and parents to
 1048  access, organize, and use electronically available instructional
 1049  materials and teaching and learning tools and resources, and
 1050  that enables teachers to manage, assess, and track student
 1051  learning.
 1052         (2)To the extent fiscally and technologically feasible, a
 1053  school district’s electronic learning management system should
 1054  allow for a single, authenticated sign-on and include the
 1055  following functionality:
 1056         (a)Vertically searches for, gathers, and organizes
 1057  specific standards-based instructional materials.
 1058         (b)Enables teachers to prepare lessons, individualize
 1059  student instruction, and use best practices in providing
 1060  instruction.
 1061         (c)Provides communication, including access to up-to-date
 1062  student performance data, in order to help teachers and parents
 1063  better serve the needs of students.
 1064         (d)Provides access for administrators to ensure quality of
 1065  instruction within every classroom.
 1066         (e) Provides access to multiple content providers.
 1067         (3)The Department of Education shall provide assistance as
 1068  requested by school districts in their deployment of a district
 1069  electronic learning management system.
 1070         Section 17. Subsection (4) of section 1006.29, Florida
 1071  Statutes, is amended to read:
 1072         1006.29 State instructional materials committees.—
 1073         (4) For purposes of state adoption, “instructional
 1074  materials” means items having intellectual content that by
 1075  design serve as a major tool for assisting in the instruction of
 1076  a subject or course. These items may be available in bound,
 1077  unbound, kit, or package form and may consist of hardbacked or
 1078  softbacked textbooks, electronic content, consumables, learning
 1079  laboratories, manipulatives, electronic media, and computer
 1080  courseware or software. The term does not include electronic or
 1081  computer hardware even if such hardware is bundled with software
 1082  or other electronic media, nor does it include equipment or
 1083  supplies. A publisher or manufacturer providing instructional
 1084  materials as a single bundle shall also make the instructional
 1085  materials available as separate and unbundled items, each priced
 1086  individually. Any instructional materials adopted after 2012
 1087  2013 for students in grades 9 through 12 shall be provided
 1088  primarily in an electronic format.
 1089         Section 18. Paragraph (b) of subsection (1) of section
 1090  1006.33, Florida Statutes, is amended to read:
 1091         1006.33 Bids or proposals; advertisement and its contents.—
 1092         (1)
 1093         (b) The advertisement shall state that, beginning in 2010
 1094  2011, each bidder shall furnish electronic specimen copies of
 1095  all instructional materials submitted, at a time designated by
 1096  the department, which specimen copies shall be identical with
 1097  the copies approved and accepted by the members of the state
 1098  instructional materials committee, as prescribed in this
 1099  section, and with the copies furnished to the department and
 1100  district school superintendents, as provided in this part. Any
 1101  district school superintendent who requires samples in addition
 1102  to the electronic format must request those samples through the
 1103  department.
 1104         Section 19. Paragraph (a) of subsection (3) and subsection
 1105  (4) of section 1006.40, Florida Statutes, are amended to read:
 1106         (3)(a) Each district school board shall use the annual
 1107  allocation for the purchase of instructional materials included
 1108  on the state-adopted list, except as otherwise authorized in
 1109  paragraphs (b) and (c). No less than 50 percent of the annual
 1110  allocation shall be used to purchase items which will be used to
 1111  provide instruction to students at the level or levels for which
 1112  the materials are designed. Beginning with the 2012-2013 fiscal
 1113  year, not less than 10 percent of the annual allocation shall be
 1114  used to purchase items for which the major tool of instruction
 1115  is used electronically.
 1116         (4) The funds described in subsection (3) which district
 1117  school boards may use to purchase materials not on the state
 1118  adopted list shall be used for the purchase of instructional
 1119  materials or other items having intellectual content which
 1120  assist in the instruction of a subject or course. These items
 1121  may be available in bound, unbound, kit, or package form and may
 1122  consist of hardbacked or softbacked textbooks, electronic
 1123  content, replacements for items which were part of previously
 1124  purchased instructional materials, consumables, learning
 1125  laboratories, manipulatives, electronic media, computer
 1126  courseware or software, and other commonly accepted
 1127  instructional tools as prescribed by district school board rule.
 1128  The funds available to district school boards for the purchase
 1129  of materials not on the state-adopted list may not be used to
 1130  purchase electronic or computer hardware even if such hardware
 1131  is bundled with software or other electronic media, nor may such
 1132  funds be used to purchase equipment or supplies. However, when
 1133  authorized to do so in the General Appropriations Act, a school
 1134  or district school board may use a portion of the funds
 1135  available to it for the purchase of materials not on the state
 1136  adopted list to purchase science laboratory materials and
 1137  supplies.
 1138         Section 20. Subsection (1) of section 1007.27, Florida
 1139  Statutes, is amended to read:
 1140         1007.27 Articulated acceleration mechanisms.—
 1141         (1) It is the intent of the Legislature that a variety of
 1142  articulated acceleration mechanisms be available for secondary
 1143  and postsecondary students attending public educational
 1144  institutions. It is intended that articulated acceleration serve
 1145  to shorten the time necessary for a student to complete the
 1146  requirements associated with the conference of a high school
 1147  diploma and a postsecondary degree, broaden the scope of
 1148  curricular options available to students, or increase the depth
 1149  of study available for a particular subject. Articulated
 1150  acceleration mechanisms shall include, but not be limited to,
 1151  dual enrollment as provided for in s. 1007.271, early admission,
 1152  advanced placement, credit by examination, the International
 1153  Baccalaureate Program, and the Advanced International
 1154  Certificate of Education Program. Credit earned through the
 1155  Florida Virtual School shall provide additional opportunities
 1156  for early graduation and acceleration. Students of Florida
 1157  public secondary schools enrolled pursuant to this subsection
 1158  shall be deemed authorized users of the state-funded electronic
 1159  library resources that are licensed for public colleges and
 1160  universities by the Florida Center for Library Automation and
 1161  the College Center for Library Automation. Verification of
 1162  eligibility shall be in accordance with rules established by the
 1163  State Board of Education and the Board of Governors and
 1164  processes implemented by public colleges and universities.
 1165         Section 21. Paragraph (c) of subsection (3) of section
 1166  1008.34, Florida Statutes, is amended to read:
 1167         1008.34 School grading system; school report cards;
 1168  district grade.—
 1169         (3) DESIGNATION OF SCHOOL GRADES.—
 1170         (c) Student assessment data used in determining school
 1171  grades shall include:
 1172         1. The aggregate scores of all eligible students enrolled
 1173  in the school who have been assessed on the FCAT.
 1174         2. The aggregate scores of all eligible students enrolled
 1175  in the school who have been assessed on the FCAT and who have
 1176  scored at or in the lowest 25th percentile of students in the
 1177  school in reading, mathematics, or writing, unless these
 1178  students are exhibiting satisfactory performance.
 1179         3. Effective with the 2005-2006 school year, the
 1180  achievement scores and learning gains of eligible students
 1181  attending alternative schools that provide dropout prevention
 1182  and academic intervention services pursuant to s. 1003.53. The
 1183  term “eligible students” in this subparagraph does not include
 1184  students attending an alternative school who are subject to
 1185  district school board policies for expulsion for repeated or
 1186  serious offenses, who are in dropout retrieval programs serving
 1187  students who have officially been designated as dropouts, or who
 1188  are in programs operated or contracted by the Department of
 1189  Juvenile Justice. The student performance data for eligible
 1190  students identified in this subparagraph shall be included in
 1191  the calculation of the home school’s grade. As used in this
 1192  section and s. 1008.341, the term “home school” means the school
 1193  to which the student would be assigned if the student were not
 1194  assigned to an alternative school. If an alternative school
 1195  chooses to be graded under this section, student performance
 1196  data for eligible students identified in this subparagraph shall
 1197  not be included in the home school’s grade but shall be included
 1198  only in the calculation of the alternative school’s grade. A
 1199  school district that fails to assign the FCAT scores of each of
 1200  its students to his or her home school or to the alternative
 1201  school that receives a grade shall forfeit Florida School
 1202  Recognition Program funds for 1 fiscal year. School districts
 1203  must require collaboration between the home school and the
 1204  alternative school in order to promote student success. This
 1205  collaboration must include an annual discussion between the
 1206  principal of the alternative school and the principal of each
 1207  student’s home school concerning the most appropriate school
 1208  assignment of the student.
 1209         4. Beginning with the 2009-2010 school year for schools
 1210  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1211  11, and 12, the data listed in subparagraphs 1.-3. and the
 1212  following data as the Department of Education determines such
 1213  data are valid and available:
 1214         a. The high school graduation rate of the school as
 1215  calculated by the Department of Education;
 1216         b. The successful completion participation rate of all
 1217  eligible students enrolled in the school and enrolled in College
 1218  Board Advanced Placement courses; International Baccalaureate
 1219  courses; dual enrollment courses; Advanced International
 1220  Certificate of Education courses; and courses or sequence of
 1221  courses leading to industry certification, as determined by the
 1222  Agency for Workforce Innovation under s. 1003.492(2) in a career
 1223  and professional academy, as described in s. 1003.493;
 1224         c. The aggregate scores of all eligible students enrolled
 1225  in the school in College Board Advanced Placement courses,
 1226  International Baccalaureate courses, and Advanced International
 1227  Certificate of Education courses;
 1228         d. Earning of college credit by all eligible students
 1229  enrolled in the school in dual enrollment programs under s.
 1230  1007.271;
 1231         e. Earning of an industry certification, as determined by
 1232  the Agency for Workforce Innovation under s. 1003.492(2) in a
 1233  career and professional academy, as described in s. 1003.493;
 1234         f. The aggregate scores of all eligible students enrolled
 1235  in the school in reading, mathematics, and other subjects as
 1236  measured by the SAT, the ACT, and the common placement test for
 1237  postsecondary readiness;
 1238         g. The high school graduation rate of all eligible at-risk
 1239  students enrolled in the school who scored at Level 2 or lower
 1240  on the grade 8 FCAT Reading and Mathematics examinations;
 1241         h. The performance of the school’s students on statewide
 1242  standardized end-of-course assessments administered under s.
 1243  1008.22; and
 1244         i. The growth or decline in the data components listed in
 1245  sub-subparagraphs a.-h. from year to year.
 1246  
 1247  The State Board of Education shall adopt appropriate criteria
 1248  for each school grade. The criteria must also give added weight
 1249  to student achievement in reading. Schools designated with a
 1250  grade of “C,” making satisfactory progress, shall be required to
 1251  demonstrate that adequate progress has been made by students in
 1252  the school who are in the lowest 25th percentile in reading,
 1253  mathematics, or writing on the FCAT, unless these students are
 1254  exhibiting satisfactory performance. Beginning with the 2009
 1255  2010 school year for schools comprised of high school grades 9,
 1256  10, 11, and 12, or grades 10, 11, and 12, the criteria for
 1257  school grades must also give added weight to the graduation rate
 1258  of all eligible at-risk students, as defined in this paragraph.
 1259  Beginning in the 2009-2010 school year, in order for a high
 1260  school to be designated as having a grade of “A,” making
 1261  excellent progress, the school must demonstrate that at-risk
 1262  students, as defined in this paragraph, in the school are making
 1263  adequate progress.
 1264         Section 22. Section 1011.03, Florida Statutes, is amended
 1265  to read:
 1266         1011.03 Public hearings; budget to be submitted to
 1267  Department of Education.—
 1268         (1) Each district school board must cause a summary of its
 1269  tentative budget, including the proposed millage levies as
 1270  provided for by law, and graphs illustrating a historical
 1271  summary of financial and demographic data, to be posted online
 1272  and advertised at least one time as a full-page advertisement in
 1273  a the newspaper of general with the largest circulation
 1274  published in the district or to be posted at the courthouse door
 1275  if there be no such newspaper.
 1276         (2)(a)The advertisement must include a graph illustrating
 1277  the historical summary of financial and demographic data for
 1278  each of the following data values which shall be plotted along
 1279  the vertical axis of each graph:
 1280         1.Total revenue provided to the school district from all
 1281  sources for the corresponding fiscal year, including all
 1282  federal, state, and local revenue.
 1283         2.Total revenue provided to the school district for the
 1284  corresponding fiscal year for current operations.
 1285         3.Total revenue provided to the school district for the
 1286  corresponding fiscal year for fixed capital outlay projects.
 1287         4.Total revenue provided to the school district for the
 1288  corresponding fiscal year for debt service.
 1289         5.Total number of unweighted full-time equivalent
 1290  students, inclusive of all programs listed in s. 1011.62.
 1291         6.Total revenue provided to the school district for
 1292  current operations divided by the number of unweighted full-time
 1293  equivalent students for the corresponding fiscal year.
 1294         7.Total number of employees of the school district for the
 1295  corresponding fiscal year.
 1296         8.Total number of employees of the school district
 1297  classified as instructional personnel under s. 1012.01 for the
 1298  corresponding fiscal year.
 1299         (b)Each graph must include a separate histogram
 1300  corresponding to the financial and demographic data for each of
 1301  the following fiscal years, which shall be plotted along the
 1302  horizontal axis of each graph:
 1303         1.Current fiscal year.
 1304         2.Fiscal year that is 5 years before the current fiscal
 1305  year.
 1306         3.Fiscal year that is 10 years before the current fiscal
 1307  year.
 1308         (c)The numeric value of the financial and demographic data
 1309  corresponding to each histogram must be included in each graph.
 1310         (2)(3) The advertisement of a district that has been
 1311  required by the Legislature to increase classroom expenditures
 1312  pursuant to s. 1011.64 must include the following statement:
 1313  
 1314  “This proposed budget reflects an increase in classroom
 1315  expenditures as a percent of total current operating
 1316  expenditures of XX percent over the (previous fiscal year)
 1317  fiscal year. This increase in classroom expenditures is required
 1318  by the Legislature because the district has performed below the
 1319  required performance standard on XX of XX student performance
 1320  standards for the (previous school year) school year. In order
 1321  to achieve the legislatively required level of classroom
 1322  expenditures as a percentage of total operating expenditures,
 1323  the proposed budget includes an increase in overall classroom
 1324  expenditures of $XX,XXX,XXX above the amount spent for this same
 1325  purpose during the (previous fiscal year) fiscal year. In order
 1326  to achieve improved student academic performance, this proposed
 1327  increase is being budgeted for the following activities:
 1328  ...(list activities and amount budgeted)....”
 1329         (3)(4) The advertisement shall appear adjacent to the
 1330  advertisement required pursuant to s. 200.065. The State Board
 1331  of Education may adopt rules necessary to provide specific
 1332  requirements for the format of the advertisement.
 1333         (4)(5) The board shall hold public hearings to adopt
 1334  tentative and final budgets pursuant to s. 200.065. The hearings
 1335  shall be primarily for the purpose of hearing requests and
 1336  complaints from the public regarding the budgets and the
 1337  proposed tax levies and for explaining the budget and proposed
 1338  or adopted amendments thereto, if any. The district school board
 1339  shall then require the superintendent to transmit forthwith two
 1340  copies of the adopted budget to the Department of Education for
 1341  approval as prescribed by law and rules of the State Board of
 1342  Education.
 1343         Section 23. Subsection (2) of section 1011.60, Florida
 1344  Statutes, is amended to read:
 1345         1011.60 Minimum requirements of the Florida Education
 1346  Finance Program.—Each district which participates in the state
 1347  appropriations for the Florida Education Finance Program shall
 1348  provide evidence of its effort to maintain an adequate school
 1349  program throughout the district and shall meet at least the
 1350  following requirements:
 1351         (2) MINIMUM TERM.—Operate all schools for a term of 180
 1352  actual teaching days or the equivalent on an hourly basis as
 1353  specified by rules of the State Board of Education each school
 1354  year. The State Board of Education may prescribe procedures for
 1355  altering, and, upon written application, may alter, this
 1356  requirement during a national, state, or local emergency as it
 1357  may apply to an individual school or schools in any district or
 1358  districts if, in the opinion of the board, it is not feasible to
 1359  make up lost days or hours, and the apportionment may, at the
 1360  discretion of the Commissioner of Education and if the board
 1361  determines that the reduction of school days or hours is caused
 1362  by the existence of a bona fide emergency, be reduced for such
 1363  district or districts in proportion to the decrease in the
 1364  length of term in any such school or schools. A strike, as
 1365  defined in s. 447.203(6), by employees of the school district
 1366  may not be considered an emergency.
 1367         Section 24. Paragraphs (m), (n), (o), (p), and (q) of
 1368  subsection (1), paragraph (b) of subsection (6), paragraph (d)
 1369  of subsection (7), and paragraph (a) of subsection (12) of
 1370  section 1011.62, Florida Statutes, are amended to read:
 1371         1011.62 Funds for operation of schools.—If the annual
 1372  allocation from the Florida Education Finance Program to each
 1373  district for operation of schools is not determined in the
 1374  annual appropriations act or the substantive bill implementing
 1375  the annual appropriations act, it shall be determined as
 1376  follows:
 1377         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1378  OPERATION.—The following procedure shall be followed in
 1379  determining the annual allocation to each district for
 1380  operation:
 1381         (m) Calculation of additional full-time equivalent
 1382  membership based on international baccalaureate examination
 1383  scores of students.—A value of 0.1 0.16 full-time equivalent
 1384  student membership shall be calculated for each student enrolled
 1385  in an international baccalaureate course who receives a score of
 1386  4 or higher on a subject examination. A value of 0.3 full-time
 1387  equivalent student membership shall be calculated for each
 1388  student who receives an international baccalaureate diploma.
 1389  Such value shall be added to the total full-time equivalent
 1390  student membership in basic programs for grades 9 through 12 in
 1391  the subsequent fiscal year. The school district shall distribute
 1392  to each classroom teacher who provided international
 1393  baccalaureate instruction:
 1394         1. A bonus in the amount of $25 $50 for each student taught
 1395  by the International Baccalaureate teacher in each international
 1396  baccalaureate course who receives a score of 4 or higher on the
 1397  international baccalaureate examination.
 1398         2. An additional bonus of $250 $500 to each International
 1399  Baccalaureate teacher in a school designated with a grade of “D”
 1400  or “F” who has at least one student scoring 4 or higher on the
 1401  international baccalaureate examination, regardless of the
 1402  number of classes taught or of the number of students scoring a
 1403  4 or higher on the international baccalaureate examination.
 1404  
 1405  Bonuses awarded to a teacher according to this paragraph shall
 1406  not exceed $1,000 $2,000 in any given school year and shall be
 1407  in addition to any regular wage or other bonus the teacher
 1408  received or is scheduled to receive.
 1409         (n) Calculation of additional full-time equivalent
 1410  membership based on Advanced International Certificate of
 1411  Education examination scores of students.—A value of 0.1 0.16
 1412  full-time equivalent student membership shall be calculated for
 1413  each student enrolled in a full-credit Advanced International
 1414  Certificate of Education course who receives a score of E or
 1415  higher on a subject examination. A value of 0.05 0.08 full-time
 1416  equivalent student membership shall be calculated for each
 1417  student enrolled in a half-credit Advanced International
 1418  Certificate of Education course who receives a score of E or
 1419  higher on a subject examination. A value of 0.3 full-time
 1420  equivalent student membership shall be calculated for each
 1421  student who receives an Advanced International Certificate of
 1422  Education diploma. Such value shall be added to the total full
 1423  time equivalent student membership in basic programs for grades
 1424  9 through 12 in the subsequent fiscal year. The school district
 1425  shall distribute to each classroom teacher who provided Advanced
 1426  International Certificate of Education instruction:
 1427         1. A bonus in the amount of $25 $50 for each student taught
 1428  by the Advanced International Certificate of Education teacher
 1429  in each full-credit Advanced International Certificate of
 1430  Education course who receives a score of E or higher on the
 1431  Advanced International Certificate of Education examination. A
 1432  bonus in the amount of $12.50 $25 for each student taught by the
 1433  Advanced International Certificate of Education teacher in each
 1434  half-credit Advanced International Certificate of Education
 1435  course who receives a score of E or higher on the Advanced
 1436  International Certificate of Education examination.
 1437         2. An additional bonus of $250 $500 to each Advanced
 1438  International Certificate of Education teacher in a school
 1439  designated with a grade of “D” or “F” who has at least one
 1440  student scoring E or higher on the full-credit Advanced
 1441  International Certificate of Education examination, regardless
 1442  of the number of classes taught or of the number of students
 1443  scoring an E or higher on the full-credit Advanced International
 1444  Certificate of Education examination.
 1445         3. Additional bonuses of $125 $250 each to teachers of
 1446  half-credit Advanced International Certificate of Education
 1447  classes in a school designated with a grade of “D” or “F” which
 1448  has at least one student scoring an E or higher on the half
 1449  credit Advanced International Certificate of Education
 1450  examination in that class. The maximum additional bonus for a
 1451  teacher awarded in accordance with this subparagraph shall not
 1452  exceed $250 $500 in any given school year. Teachers receiving an
 1453  award under subparagraph 2. are not eligible for a bonus under
 1454  this subparagraph.
 1455  
 1456  Bonuses awarded to a teacher according to this paragraph shall
 1457  not exceed $1,000 $2,000 in any given school year and shall be
 1458  in addition to any regular wage or other bonus the teacher
 1459  received or is scheduled to receive.
 1460         (o) Calculation of additional full-time equivalent
 1461  membership based on college board advanced placement scores of
 1462  students.—A value of 0.1 0.16 full-time equivalent student
 1463  membership shall be calculated for each student in each advanced
 1464  placement course who receives a score of 3 or higher on the
 1465  College Board Advanced Placement Examination for the prior year
 1466  and added to the total full-time equivalent student membership
 1467  in basic programs for grades 9 through 12 in the subsequent
 1468  fiscal year. A student who receives a score of 3 or higher and
 1469  did not take the advanced placement course is not eligible for
 1470  the 0.1 FTE membership. Each district must allocate at least 80
 1471  percent of the funds provided to the district for advanced
 1472  placement instruction, in accordance with this paragraph, to the
 1473  high school that generates the funds. The school district shall
 1474  distribute to each classroom teacher who provided advanced
 1475  placement instruction:
 1476         1. A bonus in the amount of $25 $50 for each student taught
 1477  by the Advanced Placement teacher in each advanced placement
 1478  course who receives a score of 3 or higher on the College Board
 1479  Advanced Placement Examination.
 1480         2. An additional bonus of $250 $500 to each Advanced
 1481  Placement teacher in a school designated with a grade of “D” or
 1482  “F” who has at least one student scoring 3 or higher on the
 1483  College Board Advanced Placement Examination, regardless of the
 1484  number of classes taught or of the number of students scoring a
 1485  3 or higher on the College Board Advanced Placement Examination.
 1486  
 1487  Bonuses awarded to a teacher according to this paragraph shall
 1488  not exceed $1,000 $2,000 in any given school year and shall be
 1489  in addition to any regular wage or other bonus the teacher
 1490  received or is scheduled to receive.
 1491         (p) Calculation of additional full-time equivalent
 1492  membership based on certification of successful completion of
 1493  industry-certified career and professional academy programs
 1494  pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
 1495  in the Industry Certified Funding List pursuant to rules adopted
 1496  by the State Board of Education.—A value of 0.3 full-time
 1497  equivalent student membership shall be calculated for each
 1498  student who completes an industry-certified career and
 1499  professional academy program under ss. 1003.491, 1003.492, and
 1500  1003.493 and who is issued the highest level of industry
 1501  certification identified annually in the Industry Certification
 1502  Funding List approved under rules adopted by the State Board of
 1503  Education and a high school diploma. Such value shall be added
 1504  to the total full-time equivalent student membership in
 1505  secondary career education programs for grades 9 through 12 in
 1506  the subsequent year for courses that were not funded through
 1507  dual enrollment. The additional full-time equivalent membership
 1508  authorized under this paragraph may not exceed 0.3 per student.
 1509  Each district must allocate at least 80 percent of the funds
 1510  provided for industry certification, in accordance with this
 1511  paragraph, to the program that generated the funds. Unless a
 1512  different amount is specified in the General Appropriations Act,
 1513  the appropriation for this calculation is limited to $15 million
 1514  annually. If the appropriation is insufficient to fully fund the
 1515  total calculation, the appropriation shall be prorated.
 1516         (q)Calculation of additional full-time equivalent
 1517  membership for the Florida Virtual School.—The reported full
 1518  time equivalent student membership for the Florida Virtual
 1519  School for students who are also enrolled in a school district
 1520  shall be multiplied by 0.114, and such value shall be added to
 1521  the total full-time equivalent student membership.
 1522         (6) CATEGORICAL FUNDS.—
 1523         (b) If a district school board finds and declares in a
 1524  resolution adopted at a regular meeting of the school board that
 1525  the funds received for any of the following categorical
 1526  appropriations are urgently needed to maintain school board
 1527  specified academic classroom instruction, the school board may
 1528  consider and approve an amendment to the school district
 1529  operating budget transferring the identified amount of the
 1530  categorical funds to the appropriate account for expenditure:
 1531         1. Funds for student transportation.
 1532         2. Funds for safe schools.
 1533         3. Funds for supplemental academic instruction.
 1534         4. Funds for research-based reading instruction.
 1535         5. Funds for instructional materials if all instructional
 1536  material purchases necessary to provide updated materials
 1537  aligned to Next Generation Sunshine State Standards and
 1538  benchmarks and that meet statutory requirements of content and
 1539  learning have been completed for that fiscal year, but no sooner
 1540  than March 1, 2011 2010. Funds available after March 1 may be
 1541  used to purchase hardware used to provide student instruction.
 1542         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
 1543         (d) Each district’s allocation of sparsity supplement funds
 1544  shall be adjusted in the following manner:
 1545         1. A maximum discretionary levy per FTE value for each
 1546  district shall be calculated by dividing the value of each
 1547  district’s maximum discretionary levy by its FTE student count.
 1548         2. A state average discretionary levy value per FTE shall
 1549  be calculated by dividing the total maximum discretionary levy
 1550  value for all districts by the state total FTE student count.
 1551         3. A total potential funds per FTE for each district shall
 1552  be calculated by dividing the total potential funds, not
 1553  including Florida School Recognition Program funds, Merit Award
 1554  Program funds, and the minimum guarantee funds, for each
 1555  district by its FTE student count.
 1556         4. A state average total potential funds per FTE shall be
 1557  calculated by dividing the total potential funds, not including
 1558  Florida School Recognition Program funds, Merit Award Program
 1559  funds, and the minimum guarantee funds, for all districts by the
 1560  state total FTE student count.
 1561         5. For districts that have a levy value per FTE as
 1562  calculated in subparagraph 1. higher than the state average
 1563  calculated in subparagraph 2., a sparsity wealth adjustment
 1564  shall be calculated as the product of the difference between the
 1565  state average levy value per FTE calculated in subparagraph 2.
 1566  and the district’s levy value per FTE calculated in subparagraph
 1567  1. and the district’s FTE student count and -1. However, no
 1568  district shall have a sparsity wealth adjustment that, when
 1569  applied to the total potential funds calculated in subparagraph
 1570  3., would cause the district’s total potential funds per FTE to
 1571  be less than the state average calculated in subparagraph 4.
 1572         6. Each district’s sparsity supplement allocation shall be
 1573  calculated by adding the amount calculated as specified in
 1574  paragraphs (a) and (b) and the wealth adjustment amount
 1575  calculated in this paragraph.
 1576         (12) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
 1577  CURRENT OPERATION.—The total annual state allocation to each
 1578  district for current operation for the FEFP shall be distributed
 1579  periodically in the manner prescribed in the General
 1580  Appropriations Act.
 1581         (a) If the funds appropriated for current operation of the
 1582  FEFP are not sufficient to pay the state requirement in full,
 1583  the department shall prorate the available state funds to each
 1584  district in the following manner:
 1585         1. Determine the percentage of proration by dividing the
 1586  sum of the total amount for current operation, as provided in
 1587  this paragraph for all districts collectively, and the total
 1588  district required local effort into the sum of the state funds
 1589  available for current operation and the total district required
 1590  local effort.
 1591         2. Multiply the percentage so determined by the sum of the
 1592  total amount for current operation as provided in this paragraph
 1593  and the required local effort for each individual district.
 1594         3. From the product of such multiplication, subtract the
 1595  required local effort of each district; and the remainder shall
 1596  be the amount of state funds allocated to the district for
 1597  current operation; however, no calculation subsequent to the
 1598  appropriation shall result in negative state funds for any
 1599  district.
 1600         Section 25. Paragraph (a) of subsection (4) of section
 1601  1011.64, Florida Statutes, is amended to read:
 1602         1011.64 School district minimum classroom expenditure
 1603  requirements.—
 1604         (4) In order for the Department of Education to monitor the
 1605  implementation of this section, each school district which is
 1606  required to increase emphasis on classroom activities from
 1607  operating funds pursuant to subsection (1) shall submit to the
 1608  department the following two reports in a format determined by
 1609  the department:
 1610         (a) An initial report, which shall include the proposed
 1611  budget actions identified for increased classroom expenditures,
 1612  a description of how such actions are designed to improve
 1613  student achievement, and a copy of the published statement
 1614  required by s. 1011.03(2) s. 1011.03(3). This report shall be
 1615  submitted within 30 days after final budget approval as provided
 1616  in s. 200.065.
 1617         Section 26. Subsection (1) of section 1011.67, Florida
 1618  Statutes, is amended to read:
 1619         1011.67 Funds for instructional materials.—
 1620         (1) The department is authorized to allocate and distribute
 1621  to each district an amount as prescribed annually by the
 1622  Legislature for instructional materials for student membership
 1623  in basic and special programs in grades K-12, which will provide
 1624  for growth and maintenance needs. For purposes of this
 1625  subsection, unweighted full-time equivalent students enrolled in
 1626  the lab schools in state universities are to be included as
 1627  school district students and reported as such to the department.
 1628  These funds shall be distributed to school districts as follows:
 1629  50 percent on or about July 10; 35 percent on or about October
 1630  10; 10 percent on or about January 10; and 5 percent on or about
 1631  June 10. The annual allocation shall be determined as follows:
 1632         (a) The growth allocation for each school district shall be
 1633  calculated as follows:
 1634         1. Subtract from that district’s projected full-time
 1635  equivalent membership of students in basic and special programs
 1636  in grades K-12 used in determining the initial allocation of the
 1637  Florida Education Finance Program, the prior year’s full-time
 1638  equivalent membership of students in basic and special programs
 1639  in grades K-12 for that district.
 1640         2. Multiply any such increase in full-time equivalent
 1641  student membership by the allocation for a set of instructional
 1642  materials, as determined by the department, or as provided for
 1643  in the General Appropriations Act.
 1644         3. The amount thus determined shall be that district’s
 1645  initial allocation for growth for the school year. However, the
 1646  department shall recompute and adjust the initial allocation
 1647  based on actual full-time equivalent student membership data for
 1648  that year.
 1649         (b) The maintenance of the instructional materials
 1650  allocation for each school district shall be calculated by
 1651  multiplying each district’s prior year full-time equivalent
 1652  membership of students in basic and special programs in grades
 1653  K-12 by the allocation for maintenance of a set of instructional
 1654  materials as provided for in the General Appropriations Act. The
 1655  amount thus determined shall be that district’s initial
 1656  allocation for maintenance for the school year; however, the
 1657  department shall recompute and adjust the initial allocation
 1658  based on such actual full-time equivalent student membership
 1659  data for that year.
 1660         (c) In the event the funds appropriated are not sufficient
 1661  for the purpose of implementing this subsection in full, the
 1662  department shall prorate the funds available for instructional
 1663  materials after first funding in full each district’s growth
 1664  allocation.
 1665         Section 27. Section 1011.66, Florida Statutes, is amended
 1666  to read:
 1667         1011.66 Distribution of FEFP funds.—The distribution of
 1668  FEFP funds shall be made in payments on or about the 10th and
 1669  26th of each month. Upon the request of any school district
 1670  whose net state FEFP funding is less than 60 percent of its
 1671  gross state and local FEFP funding, the Department of Education
 1672  shall distribute to that school district in the first quarter of
 1673  the fiscal year an amount from the funds appropriated for the
 1674  FEFP in the General Appropriations Act up to a maximum of 15
 1675  percent of that school district’s gross state and local FEFP
 1676  funding or that school district’s net state FEFP funding,
 1677  whichever is less.
 1678         Section 28. Subsection (2) of section 1011.68, Florida
 1679  Statutes, is amended to read:
 1680         1011.68 Funds for student transportation.—The annual
 1681  allocation to each district for transportation to public school
 1682  programs, including charter schools as provided in s.
 1683  1002.33(17)(b), of students in membership in kindergarten
 1684  through grade 12 and in migrant and exceptional student programs
 1685  below kindergarten shall be determined as follows:
 1686         (2) The allocation for each district shall be calculated
 1687  annually in accordance with the following formula:
 1688         T = B + EX. The elements of this formula are defined as
 1689  follows: T is the total dollar allocation for transportation. B
 1690  is the base transportation dollar allocation prorated by an
 1691  adjusted student membership count. The adjusted membership count
 1692  shall be derived from a multiplicative index function in which
 1693  the base student membership is adjusted by multiplying it by
 1694  index numbers that individually account for the impact of the
 1695  price level index, average bus occupancy, and the extent of
 1696  rural population in the district. EX is the base transportation
 1697  dollar allocation for disabled students prorated by an adjusted
 1698  disabled student membership count. The base transportation
 1699  dollar allocation for disabled students is the total state base
 1700  disabled student membership count weighted for increased costs
 1701  associated with transporting disabled students and multiplying
 1702  it by an the prior year’s average per student cost for
 1703  transportation as determined by the Legislature. The adjusted
 1704  disabled student membership count shall be derived from a
 1705  multiplicative index function in which the weighted base
 1706  disabled student membership is adjusted by multiplying it by
 1707  index numbers that individually account for the impact of the
 1708  price level index, average bus occupancy, and the extent of
 1709  rural population in the district. Each adjustment factor shall
 1710  be designed to affect the base allocation by no more or less
 1711  than 10 percent.
 1712         Section 29. Paragraph (b) of subsection (3) of section
 1713  1011.71, Florida Statutes, is amended to read:
 1714         1011.71 District school tax.—
 1715         (3)
 1716         (b) In addition to the millage authorized in this section,
 1717  each district school board may, by a super majority vote, levy
 1718  an additional 0.25 mills for critical capital outlay needs or
 1719  for critical operating needs. If levied for capital outlay,
 1720  expenditures shall be subject to the requirements of this
 1721  section. If levied for operations, expenditures shall be
 1722  consistent with the requirements for operating funds received
 1723  pursuant to s. 1011.62. If the district levies this additional
 1724  0.25 mills for operations, the compression adjustment pursuant
 1725  to s. 1011.62(5) shall be calculated and added to the district’s
 1726  FEFP allocation. Millage levied pursuant to this paragraph is
 1727  subject to the provisions of s. 200.065. In order to be
 1728  continued, millage levied pursuant to this paragraph must be
 1729  approved by the voters of the district at the next general
 1730  election.
 1731         Section 30. Subsection (2) of section 1011.73, Florida
 1732  Statutes, is amended to read:
 1733         1011.73 District millage elections.—
 1734         (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district
 1735  school board, pursuant to resolution adopted at a regular
 1736  meeting, shall direct the county commissioners to call an
 1737  election at which the electors within the school district may
 1738  approve an ad valorem tax millage as authorized under s.
 1739  1011.71(9) s. 1011.71(8). Such election may be held at any time,
 1740  except that not more than one such election shall be held during
 1741  any 12-month period. Any millage so authorized shall be levied
 1742  for a period not in excess of 4 years or until changed by
 1743  another millage election, whichever is earlier. If any such
 1744  election is invalidated by a court of competent jurisdiction,
 1745  such invalidated election shall be considered not to have been
 1746  held.
 1747         Section 31. Paragraph (g) of subsection (3) of section
 1748  1012.33, Florida Statutes, is amended to read:
 1749         1012.33 Contracts with instructional staff, supervisors,
 1750  and school principals.—
 1751         (3)
 1752         (g) Beginning July 1, 2001, for each employee who enters
 1753  into a written contract, pursuant to this section, in a school
 1754  district in which the employee was not employed as of June 30,
 1755  2001, or was employed as of June 30, 2001, but has since broken
 1756  employment with that district for 1 school year or more, for
 1757  purposes of pay, a district school board must recognize and
 1758  accept each year of full-time public school teaching service
 1759  earned in the State of Florida for which the employee received a
 1760  satisfactory performance evaluation; however, an employee may
 1761  voluntarily waive this provision. Instructional personnel
 1762  employed pursuant to s. 121.091(9)(b) and (c) are exempt from
 1763  the provisions of this paragraph.
 1764         Section 32. Paragraph (a) of subsection (7) of section
 1765  1012.467, Florida Statutes, is amended to read:
 1766         1012.467 Noninstructional contractors who are permitted
 1767  access to school grounds when students are present; background
 1768  screening requirements.—
 1769         (7)(a) The Department of Law Enforcement shall implement a
 1770  system that allows for the results of a criminal history check
 1771  provided to a school district to be shared with other school
 1772  districts through a secure Internet website or other secure
 1773  electronic means. The Department of Law Enforcement may adopt
 1774  rules under ss. 120.536(1) and 120.54 to implement this
 1775  paragraph. School districts must accept reciprocity of level 2
 1776  screenings for Florida High School Athletic Association
 1777  Officials.
 1778         Section 33. Subsection (1) of section 1012.55, Florida
 1779  Statutes, is amended to read:
 1780         1012.55 Positions for which certificates required.—
 1781         (1) The State Board of Education shall classify school
 1782  services, designate the certification subject areas, establish
 1783  competencies, including the use of technology to enhance student
 1784  learning, and certification requirements for all school-based
 1785  personnel, and adopt rules in accordance with which the
 1786  professional, temporary, and part-time certificates shall be
 1787  issued by the Department of Education to applicants who meet the
 1788  standards prescribed by such rules for their class of service.
 1789  Each person employed or occupying a position as school
 1790  supervisor, school principal, teacher, library media specialist,
 1791  school counselor, athletic coach, or other position in which the
 1792  employee serves in an instructional capacity, in any public
 1793  school of any district of this state shall hold the certificate
 1794  required by law and by rules of the State Board of Education in
 1795  fulfilling the requirements of the law for the type of service
 1796  rendered. Such positions include personnel providing direct
 1797  instruction to students through a virtual environment or through
 1798  a blended virtual and physical environment. The Department of
 1799  Education shall identify appropriate educator certification for
 1800  the instruction of specified courses in an annual publication of
 1801  a directory of course code numbers for all programs and courses
 1802  that are funded through the Florida Education Finance Program.
 1803  However, the state board shall adopt rules authorizing district
 1804  school boards to employ selected noncertificated personnel to
 1805  provide instructional services in the individuals’ fields of
 1806  specialty or to assist instructional staff members as education
 1807  paraprofessionals.
 1808         Section 34. Paragraphs (a) and (d) of subsection (1) of
 1809  section 1013.62, Florida Statutes, are amended to read:
 1810         1013.62 Charter schools capital outlay funding.—
 1811         (1) In each year in which funds are appropriated for
 1812  charter school capital outlay purposes, the Commissioner of
 1813  Education shall allocate the funds among eligible charter
 1814  schools.
 1815         (a) To be eligible for a funding allocation, a charter
 1816  school must:
 1817         1.a. Have been in operation for 3 or more years;
 1818         b. Be governed by a governing board established in the
 1819  state for 3 or more years which operates both charter schools
 1820  and conversion charter schools within the state;
 1821         c. Be an expanded feeder chain of a charter school within
 1822  the same school district that is currently receiving charter
 1823  school capital outlay funds; or
 1824         d. Have been accredited by the Commission on Schools of the
 1825  Southern Association of Colleges and Schools.
 1826         2. Have financial stability for future operation as a
 1827  charter school.
 1828         3. Have satisfactory student achievement based on state
 1829  accountability standards applicable to the charter school.
 1830         4. Have received final approval from its sponsor pursuant
 1831  to s. 1002.33 for operation during that fiscal year.
 1832  5. Serve students in facilities that are not provided by the
 1833  charter school’s sponsor.
 1834         6.Serve students in facilities that are provided by a
 1835  business partner for a charter school-in-the-workplace pursuant
 1836  to s. 1002.33(15)(b).
 1837         (d) A charter school is not eligible for a funding
 1838  allocation if it was created by the conversion of a public
 1839  school and operates in facilities provided by the charter
 1840  school’s sponsor for a nominal fee, or at no charge, or if it is
 1841  directly or indirectly operated by the school district.
 1842         Section 35. In order to implement Specific Appropriations
 1843  6, 7, 8, 78, and 79 of the General Appropriations Act for the
 1844  2010-2011 fiscal year, the calculations of the Florida Education
 1845  Finance Program for the 2010-2011 fiscal year in the document
 1846  entitled “Public School Funding - The Florida Education Finance
 1847  Program,” dated xx, 2010, and filed with the Secretary of the
 1848  Senate are incorporated by reference for the purpose of
 1849  displaying the calculations used by the Legislature, consistent
 1850  with requirements of the Florida Statutes, in making
 1851  appropriations for the Florida Education Finance Program.
 1852         Section 36. Except as otherwise expressly provided in this
 1853  act, this act shall take effect July 1, 2010.

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