September 23, 2020
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       CS for SB 1368                                   First Engrossed
       
       
       
       
       
       
       
       
       20101368e1
       
    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; revising provisions
   21         that exempt charter school facilities from certain
   22         fees; providing that certain capital outlay funds
   23         shared with a charter school-in-the-workplace before
   24         July 1, 2010, are deemed to meet certain expenditure
   25         requirements; revising requirements for calculating
   26         the administrative fee that the sponsor of a charter
   27         school may withhold and use for capital outlay
   28         purposes; amending s. 1002.37, F.S.; providing certain
   29         limitations on reporting credits earned by a student
   30         through the Florida Virtual School for purposes of
   31         funding; including the millage levied for fixed
   32         capital outlay in determining the amount provided to
   33         the Florida Virtual School for operating expenses;
   34         amending s. 1002.45, F.S.; providing for school
   35         district virtual instruction programs to include
   36         programs offered by community colleges; requiring that
   37         community college instructors meet certification
   38         requirements; prohibiting a community college from
   39         reporting students served in a school district virtual
   40         instruction program for funding under the Community
   41         College Program Fund; removing obsolete provisions
   42         requiring a report; amending ss. 1002.55 and 1002.63,
   43         F.S.; revising the requirements for private
   44         prekindergarten providers and public school-year
   45         prekindergarten programs with respect to the number of
   46         students for each class; requiring an instructor for
   47         certain classes who holds specified credentials;
   48         amending s. 1002.71, F.S.; reducing the amount of
   49         funds that an early learning coalition may retain for
   50         administrative purposes from funds paid to private
   51         prekindergarten providers and public schools; amending
   52         s. 1003.03, F.S.; revising requirements for the
   53         Department of Education with respect to calculating
   54         the maximum class size based on student membership;
   55         deleting obsolete provisions; providing for reductions
   56         in a district’s class-size-reduction operating
   57         categorical allocation under certain circumstances;
   58         providing for a budget amendment in the case of an
   59         extreme emergency and subject to approval of the
   60         Legislative Budget Commission; providing for
   61         alternative measures to take effect upon approval of
   62         an amendment to the State Constitution by the electors
   63         of the state; providing for virtual instruction
   64         courses to be included in implementing the class size
   65         maximums; amending s. 1003.492, F.S.; clarifying the
   66         duties of the Department of Education in approving the
   67         list of industry certifications for career education
   68         programs; amending s. 1006.28, F.S.; redefining the
   69         term “adequate instructional materials” to include
   70         electronic content; creating s. 1006.281, F.S.;
   71         encouraging school districts to provide access for
   72         teachers, students, and parents to an electronic
   73         learning management system; specifying the required
   74         functionality of such a system; requiring the
   75         Department of Education to assist school districts in
   76         deploying an electronic learning management system;
   77         amending s. 1006.29, F.S.; providing that
   78         instructional materials include electronic content;
   79         requiring that a publisher or manufacturer providing
   80         instructional materials as a single bundle make the
   81         materials available separately and priced
   82         individually; requiring that instructional materials
   83         adopted after a specified date for students in grades
   84         9 through 12 be provided primarily in an electronic
   85         format; amending s. 1006.33, F.S.; requiring that an
   86         advertisement for bids for instructional materials
   87         require the bidder to furnish electronic specimen
   88         copies of the materials; requiring that district
   89         school superintendents request samples in a format
   90         other than an electronic format through the
   91         department; amending s. 1006.40, F.S.; requiring that
   92         a specified percentage of a district’s annual
   93         allocation for instructional materials be used for
   94         electronic materials beginning with the 2012-2013
   95         fiscal year; including electronic content as an
   96         approved item of instruction; amending s. 1007.27,
   97         F.S.; providing that secondary school students are
   98         authorized users of the state-funded electronic
   99         library resources licensed for public colleges and
  100         universities; providing for verification of
  101         eligibility according to rules established by the
  102         State Board of Education and the Board of Governors of
  103         the State University System; amending s. 1008.34,
  104         F.S.; providing for the calculation of certain school
  105         grades to include student completion of specified
  106         courses; amending s. 1011.03, F.S.; requiring that a
  107         district school board post its proposed millage levies
  108         on the district’s website; revising the requirements
  109         for publishing the proposed levies in a newspaper;
  110         amending s. 1011.60, F.S.; deleting a requirement that
  111         the State Board of Education adopt rules governing the
  112         school term; amending s. 1011.62, F.S.; revising the
  113         requirements for calculating full-time equivalent
  114         student membership; reducing the amount authorized for
  115         teacher bonuses; requiring that a district allocate a
  116         specified percentage of funds for industry
  117         certification to the center or program that generated
  118         the funds; authorizing a district school board to use
  119         categorical funds for materials that meet the Next
  120         Generation Sunshine State Standards and for certain
  121         hardware; providing for adjusting a district’s
  122         sparsity supplement based on Merit Award Program
  123         funds; clarifying that a calculation subsequent to an
  124         appropriation does not result in negative state funds
  125         for any district; amending s. 1011.64, F.S., relating
  126         to minimum classroom expenditure requirements;
  127         conforming a cross-reference; amending s. 1011.67,
  128         F.S.; removing requirements for the staggered
  129         distribution of funds to districts for instructional
  130         materials; amending s. 1011.66, F.S.; removing a
  131         provision authorizing the distribution of 60 percent
  132         of FEFP funds to a district during the first quarter
  133         of a fiscal year; amending s. 1011.68, F.S.; requiring
  134         that the allocation for student transportation be
  135         determined by the Legislature rather than based on the
  136         prior year’s average student cost for transportation;
  137         amending s. 1011.71, F.S.; removing certain
  138         requirements for the additional millage levied by a
  139         district for critical capital outlay needs or critical
  140         operating needs; amending s. 1011.73, F.S., relating
  141         to district millage elections; correcting a cross
  142         reference; amending s. 1012.33, F.S.; exempting
  143         specified reemployed instructional personnel from
  144         certain requirements for determining pay; amending s.
  145         1012.467, F.S.; requiring school districts to accept
  146         reciprocity of level 2 screening for Florida High
  147         School Athletic Association Officials; amending s.
  148         1012.55, F.S.; requiring that instructional personnel
  149         providing instruction through a virtual environment
  150         hold certification as otherwise required by law and
  151         rule; amending s. 1013.62, F.S.; providing that a
  152         charter school must serve students in facilities that
  153         are provided by a business partner for a charter
  154         school-in-the-workplace to be eligible for an
  155         allocation of funds for capital outlay purposes;
  156         amending s. 1013.64, F.S.; revising provisions
  157         relating to funding for educational facilities
  158         projects; providing for the incorporation by reference
  159         of certain calculations used by the Legislature for
  160         the 2010-2011 fiscal year; providing effective dates.
  161  
  162  Be It Enacted by the Legislature of the State of Florida:
  163  
  164         Section 1. Paragraphs (d) and (e) of subsection (6) of
  165  section 212.055, Florida Statutes, are amended to read:
  166         212.055 Discretionary sales surtaxes; legislative intent;
  167  authorization and use of proceeds.—It is the legislative intent
  168  that any authorization for imposition of a discretionary sales
  169  surtax shall be published in the Florida Statutes as a
  170  subsection of this section, irrespective of the duration of the
  171  levy. Each enactment shall specify the types of counties
  172  authorized to levy; the rate or rates which may be imposed; the
  173  maximum length of time the surtax may be imposed, if any; the
  174  procedure which must be followed to secure voter approval, if
  175  required; the purpose for which the proceeds may be expended;
  176  and such other requirements as the Legislature may provide.
  177  Taxable transactions and administrative procedures shall be as
  178  provided in s. 212.054.
  179         (6) SCHOOL CAPITAL OUTLAY SURTAX.—
  180         (d)Any school board imposing the surtax shall implement a
  181  freeze on noncapital local school property taxes, at the millage
  182  rate imposed in the year prior to the implementation of the
  183  surtax, for a period of at least 3 years from the date of
  184  imposition of the surtax. This provision shall not apply to
  185  existing debt service or taxes authorized in the General
  186  Appropriations Act.
  187         (d)(e) Surtax revenues collected by the Department of
  188  Revenue pursuant to this subsection shall be distributed to the
  189  school board imposing the surtax in accordance with law.
  190         Section 2. Paragraph (d) of subsection (2) of section
  191  216.292, Florida Statutes, is repealed.
  192         Section 3. Subsection (3) of section 1001.395, Florida
  193  Statutes, is amended to read:
  194         1001.395 District school board members; compensation.—
  195         (3) Notwithstanding the provisions of this section and s.
  196  145.19, for the 2010-2011 2009-2010 fiscal year, the salary of
  197  each district school board member shall be the amount calculated
  198  pursuant to subsection (1) or the district’s beginning salary
  199  for teachers who hold baccalaureate degrees, whichever is less.
  200         Section 4. Paragraph (c) of subsection (2) of section
  201  1001.451, Florida Statutes, is amended to read:
  202         1001.451 Regional consortium service organizations.—In
  203  order to provide a full range of programs to larger numbers of
  204  students, minimize duplication of services, and encourage the
  205  development of new programs and services:
  206         (2)
  207         (c) Notwithstanding paragraph (a), the appropriation for
  208  any the 2009-2010 fiscal year may be less than $50,000 per
  209  school district and eligible member. If the amount appropriated
  210  is insufficient to provide $50,000, the funds available must be
  211  prorated among all eligible districts and members. This
  212  paragraph expires July 1, 2010.
  213         Section 5. Paragraph (d) of subsection (9) of section
  214  1002.32, Florida Statutes, is amended to read:
  215         1002.32 Developmental research (laboratory) schools.—
  216         (9) FUNDING.—Funding for a lab school, including a charter
  217  lab school, shall be provided as follows:
  218         (d) Each lab school shall receive funds for operating
  219  purposes in an amount determined as follows: multiply the
  220  maximum allowable nonvoted discretionary millage for operations
  221  pursuant to s. 1011.71(1) and (3) by the value of 95 percent of
  222  the current year’s taxable value for school purposes for the
  223  district in which each lab school is located; divide the result
  224  by the total full-time equivalent membership of the district;
  225  and multiply the result by the full-time equivalent membership
  226  of the lab school. The amount thus obtained shall be
  227  discretionary operating funds and shall be appropriated from
  228  state funds in the General Appropriations Act to the Lab School
  229  Trust Fund.
  230         Section 6. Paragraph (a) of subsection (16), paragraph (d)
  231  of subsection (18), subsection (19), and paragraph (a) of
  232  subsection (20) of section 1002.33, Florida Statutes, are
  233  amended to read:
  234         1002.33 Charter schools.—
  235         (16) EXEMPTION FROM STATUTES.—
  236         (a) A charter school shall operate in accordance with its
  237  charter and shall be exempt from all statutes in chapters 1000
  238  1013. However, a charter school shall be in compliance with the
  239  following statutes in chapters 1000-1013:
  240         1. Those statutes specifically applying to charter schools,
  241  including this section.
  242         2. Those statutes pertaining to the student assessment
  243  program and school grading system.
  244         3. Those statutes pertaining to the provision of services
  245  to students with disabilities.
  246         4. Those statutes pertaining to civil rights, including s.
  247  1000.05, relating to discrimination.
  248         5. Those statutes pertaining to student health, safety, and
  249  welfare.
  250         6. Those statutes pertaining to maximum class size.
  251         (18) FACILITIES.—
  252         (d) Charter school facilities are exempt from assessments
  253  of fees for building permits, except as provided in s. 553.80;,
  254  fees for building and occupational licenses;, impact fees or
  255  exactions;, service availability fees;, and assessments for
  256  special benefits.
  257         (19) CAPITAL OUTLAY FUNDING.—Charter schools are eligible 
  258  for capital outlay funds pursuant to s. 1013.62. Capital outlay
  259  funds authorized in s. 1011.71(2) which have been shared with a
  260  charter school-in-the-workplace prior to July 1, 2010, are
  261  deemed to have met the authorized expenditure requirements for
  262  such funds.
  263         (20) SERVICES.—
  264         (a)1. A sponsor shall provide certain administrative and
  265  educational services to charter schools. These services shall
  266  include contract management services; full-time equivalent and
  267  data reporting services; exceptional student education
  268  administration services; services related to eligibility and
  269  reporting duties required to ensure that school lunch services
  270  under the federal lunch program, consistent with the needs of
  271  the charter school, are provided by the school district at the
  272  request of the charter school, that any funds due to the charter
  273  school under the federal lunch program be paid to the charter
  274  school as soon as the charter school begins serving food under
  275  the federal lunch program, and that the charter school is paid
  276  at the same time and in the same manner under the federal lunch
  277  program as other public schools serviced by the sponsor or the
  278  school district; test administration services, including payment
  279  of the costs of state-required or district-required student
  280  assessments; processing of teacher certificate data services;
  281  and information services, including equal access to student
  282  information systems that are used by public schools in the
  283  district in which the charter school is located. Student
  284  performance data for each student in a charter school,
  285  including, but not limited to, FCAT scores, standardized test
  286  scores, previous public school student report cards, and student
  287  performance measures, shall be provided by the sponsor to a
  288  charter school in the same manner provided to other public
  289  schools in the district.
  290         2. A total administrative fee for the provision of such
  291  services shall be calculated based upon up to 5 percent of the
  292  available funds defined in paragraph (17)(b) for all students.
  293  However, a sponsor may only withhold up to a 5 percent 5-percent
  294  administrative fee for enrollment for up to and including 250
  295  500 students. For charter schools with a population of 251 501
  296  or more students, the difference between the total
  297  administrative fee calculation and the amount of the
  298  administrative fee withheld may only be used for capital outlay
  299  purposes specified in s. 1013.62(2).
  300         3. In addition, a sponsor may withhold only up to a 5
  301  percent administrative fee for enrollment for up to and
  302  including 500 students within the system for a system of charter
  303  schools which meets all of the following:
  304         a. Includes both conversion charter schools and non
  305  conversion charter schools;
  306         b. All schools are located in the same municipality in the
  307  same county;
  308         c. Has a total enrollment exceeding the total enrollment of
  309  at least one county school district in the state;
  310         d. Has the same governing board; and
  311         e. Does not contract with a for-profit service provider for
  312  management of school operations.
  313         4. The difference between the total administrative fee
  314  calculation and the amount of the administrative fee withheld
  315  for such system of charter schools may be used for instructional
  316  and administrative purposes as well as for capital outlay
  317  purposes specified in s. 1013.62(2).
  318         5. Each charter school shall receive 100 percent of the
  319  funds awarded to that school pursuant to s. 1012.225. Sponsors
  320  shall not charge charter schools any additional fees or
  321  surcharges for administrative and educational services in
  322  addition to the maximum 5 percent 5-percent administrative fee
  323  withheld pursuant to this paragraph.
  324         Section 7. Paragraphs (a) and (f) of subsection (3) of
  325  section 1002.37, Florida Statutes, are amended to read:
  326         1002.37 The Florida Virtual School.—
  327         (3) Funding for the Florida Virtual School shall be
  328  provided as follows:
  329         (a) A “full-time equivalent student” for the Florida
  330  Virtual School is one student who has successfully completed six
  331  credits that shall count toward the minimum number of credits
  332  required for high school graduation. A student who completes
  333  less than six credits shall be a fraction of a full-time
  334  equivalent student. Half-credit completions shall be included in
  335  determining a full-time equivalent student. Half-credits earned
  336  by a student 20 weeks or more after beginning the course, and
  337  credits earned by a student 40 weeks or more after beginning the
  338  course, are not eligible to be funded and may not be reported.
  339  Credit completed by a student in excess of the minimum required
  340  for that student for high school graduation is not eligible for
  341  funding.
  342         (f) The Florida Virtual School shall receive funds for
  343  operating purposes in an amount determined as follows: multiply
  344  the maximum allowable nonvoted discretionary millage for
  345  operations pursuant to s. 1011.71(1) and (3) by the value of 95
  346  percent of the current year’s taxable value for school purposes
  347  for the state; divide the result by the total full-time
  348  equivalent membership of the state; and multiply the result by
  349  the full-time equivalent membership of the school. The amount
  350  thus obtained shall be discretionary operating funds and shall
  351  be appropriated from state funds in the General Appropriations
  352  Act.
  353         Section 8. Paragraphs (a) and (b) of subsection (1),
  354  paragraph (a) of subsection (2), and subsections (7) and (12) of
  355  section 1002.45, Florida Statutes, are amended to read:
  356         1002.45 School district virtual instruction programs.—
  357         (1) PROGRAM.—
  358         (a) For purposes of this section, the term:
  359         1. “Approved provider” means a provider that is approved by
  360  the Department of Education under subsection (2), the Florida
  361  Virtual School, or a franchise of the Florida Virtual School, or
  362  a public community college.
  363         2. “Virtual instruction program” means a program of
  364  instruction provided in an interactive learning environment
  365  created through technology in which students are separated from
  366  their teachers by time or space, or both, and in which a
  367  Florida-certified teacher under chapter 1012 is responsible for
  368  at least:
  369         a. Fifty percent of the direct instruction to students in
  370  kindergarten through grade 5; or
  371         b. Eighty percent of the direct instruction to students in
  372  grades 6 through 12.
  373         (b) Beginning with the 2009-2010 school year, each school
  374  district shall provide eligible students within its boundaries
  375  the option of participating in a virtual instruction program.
  376  The purpose of the program is to make instruction available to
  377  students using online and distance learning technology in the
  378  nontraditional classroom. The program shall be:
  379         1. Full-time for students enrolled in kindergarten through
  380  grade 12.
  381         2. Full-time or part-time for students in grades 9 through
  382  12 who are enrolled in dropout prevention and academic
  383  intervention programs under s. 1003.53, or Department of
  384  Juvenile Justice education programs under s. 1003.52, core
  385  curricula courses to meet class size requirements, or community
  386  colleges in grades 9 through 12.
  387         (2) PROVIDER QUALIFICATIONS.—
  388         (a) The department shall annually provide school districts
  389  with a list of providers approved to offer virtual instruction
  390  programs. To be approved by the department, a provider must
  391  document that it:
  392         1. Is nonsectarian in its programs, admission policies,
  393  employment practices, and operations;
  394         2. Complies with the antidiscrimination provisions of s.
  395  1000.05;
  396         3. Locates an administrative office or offices in this
  397  state, requires its administrative staff to be state residents,
  398  requires all instructional staff to be Florida-certified
  399  teachers under chapter 1012, and conducts background screenings
  400  for all employees or contracted personnel, as required by s.
  401  1012.32, using state and national criminal history records;
  402         4. Possesses prior, successful experience offering online
  403  courses to elementary, middle, or high school students; and
  404         5. Is accredited by the Southern Association of Colleges
  405  and Schools Council on Accreditation and School Improvement, the
  406  North Central Association Commission on Accreditation and School
  407  Improvement, the Middle States Association of Colleges and
  408  Schools Commission on Elementary Schools and Commission on
  409  Secondary Schools, the New England Association of Schools and
  410  Colleges, the Northwest Association of Accredited Schools, the
  411  Western Association of Schools and Colleges, or the Commission
  412  on International and Trans-Regional Accreditation; and.
  413         6. If the provider is a community college, its instructors
  414  meet the certification requirements for instructional staff.
  415         (7) FUNDING.—
  416         (a) For purposes of a school district virtual instruction
  417  program, “full-time equivalent student” has the same meaning as
  418  provided in s. 1011.61(1)(c)1.b.(III) or (IV).
  419         (b) The school district in which the student resides shall
  420  report full-time equivalent students for the school district
  421  virtual instruction program to the department in a manner
  422  prescribed by the department, and funding shall be provided
  423  through the Florida Education Finance Program. Funds received by
  424  the school district of residence for a student in a virtual
  425  instruction program provided by another school district under
  426  this section shall be transferred to the school district
  427  providing the virtual instruction program.
  428         (c) A community college provider may not report students
  429  who are served in a school district virtual instruction program
  430  for funding under the Community College Program Fund.
  431         (12)STUDY.—The department shall review the advisability of
  432  legislatively authorizing school districts to contract with
  433  approved private providers for the provision of part-time
  434  virtual instruction programs for students in grades 9 through 12
  435  who are not enrolled in programs under ss. 1003.52 and 1003.53.
  436  The department shall report its findings and recommendations to
  437  the presiding officers of the Legislature and the Governor by
  438  January 15, 2010.
  439         Section 9. Paragraphs (c) and (f) of subsection (3) of
  440  section 1002.55, Florida Statutes, are amended to read:
  441         1002.55 School-year prekindergarten program delivered by
  442  private prekindergarten providers.—
  443         (3) To be eligible to deliver the prekindergarten program,
  444  a private prekindergarten provider must meet each of the
  445  following requirements:
  446         (c) The private prekindergarten provider must have, for
  447  each prekindergarten class composed of 12 children or fewer, at
  448  least one prekindergarten instructor who meets each of the
  449  following requirements:
  450         1. The prekindergarten instructor must hold, at a minimum,
  451  one of the following credentials:
  452         a. A child development associate credential issued by the
  453  National Credentialing Program of the Council for Professional
  454  Recognition; or
  455         b. A credential approved by the Department of Children and
  456  Family Services as being equivalent to or greater than the
  457  credential described in sub-subparagraph a.
  458  
  459  The Department of Children and Family Services may adopt rules
  460  under ss. 120.536(1) and 120.54 which provide criteria and
  461  procedures for approving equivalent credentials under sub
  462  subparagraph b.
  463         2. The prekindergarten instructor must successfully
  464  complete an emergent literacy training course approved by the
  465  department as meeting or exceeding the minimum standards adopted
  466  under s. 1002.59. This subparagraph does not apply to a
  467  prekindergarten instructor who successfully completes approved
  468  training in early literacy and language development under s.
  469  402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
  470  establishment of one or more emergent literacy training courses
  471  under s. 1002.59 or April 1, 2005, whichever occurs later.
  472         (f) Each of the private prekindergarten provider’s
  473  prekindergarten classes must be composed of at least 4 students
  474  but may not exceed 24 18 students. In order to protect the
  475  health and safety of students, each private prekindergarten
  476  provider must also provide appropriate adult supervision for
  477  students at all times and, for each prekindergarten class
  478  composed of 13 to 20 11 or more students, must have, in addition
  479  to a prekindergarten instructor who meets the requirements of
  480  paragraph (c), at least one adult prekindergarten instructor who
  481  is not required to meet those requirements but who must meet
  482  each requirement of paragraph (d). Each prekindergarten class
  483  composed of 21 to 24 students must have an additional
  484  prekindergarten instructor who meets the requirements of
  485  paragraph (c). This paragraph does not supersede any requirement
  486  imposed on a provider under ss. 402.301-402.319.
  487         Section 10. Subsection (7) of section 1002.63, Florida
  488  Statutes, is amended to read:
  489         1002.63 School-year prekindergarten program delivered by
  490  public schools.—
  491         (7) Each prekindergarten class in a public school
  492  delivering the school-year prekindergarten program must be
  493  composed of at least 4 students but may not exceed 24 18
  494  students. In order to protect the health and safety of students,
  495  each school must also provide appropriate adult supervision for
  496  students at all times and, for each prekindergarten class
  497  composed of 13 to 20 11 or more students, must have, in addition
  498  to a prekindergarten instructor who meets the requirements of s.
  499  1002.55(3)(c), at least one adult prekindergarten instructor who
  500  is not required to meet those requirements but who must meet
  501  each requirement of subsection (5). Each prekindergarten class
  502  composed of 21 to 24 students must have an additional
  503  prekindergarten instructor who meets the requirements of
  504  paragraph (c).
  505         Section 11. Subsection (7) of section 1002.71, Florida
  506  Statutes, is amended to read:
  507         1002.71 Funding; financial and attendance reporting.—
  508         (7) The Agency for Workforce Innovation shall require that
  509  administrative expenditures be kept to the minimum necessary for
  510  efficient and effective administration of the Voluntary
  511  Prekindergarten Education Program. Administrative policies and
  512  procedures shall be revised, to the maximum extent practicable,
  513  to incorporate the use of automation and electronic submission
  514  of forms, including those required for child eligibility and
  515  enrollment, provider and class registration, and monthly
  516  certification of attendance for payment. A school district may
  517  use its automated daily attendance reporting system for the
  518  purpose of transmitting attendance records to the early learning
  519  coalition in a mutually agreed-upon format. In addition, actions
  520  shall be taken to reduce paperwork, eliminate the duplication of
  521  reports, and eliminate other duplicative activities. Beginning
  522  with the 2010-2011 2008-2009 fiscal year, each early learning
  523  coalition may retain and expend no more than 4.5 4.85 percent of
  524  the funds paid by the coalition to private prekindergarten
  525  providers and public schools under paragraph (5)(b). Funds
  526  retained by an early learning coalition under this subsection
  527  may be used only for administering the Voluntary Prekindergarten
  528  Education Program and may not be used for the school readiness
  529  program or other programs.
  530         Section 12. Subsections (2), (3), and (4) of section
  531  1003.03, Florida Statutes, are amended to read:
  532         1003.03 Maximum class size.—
  533         (2) IMPLEMENTATION.—The Department of Education shall
  534  annually calculate class size measures defined in subsection (1)
  535  based upon the October student membership survey, except that
  536  the calculation for 2010-2011 shall be based on the February
  537  student membership survey.
  538         (a)Beginning with the 2003-2004 fiscal year, each school
  539  district that is not in compliance with the maximums in
  540  subsection (1) shall reduce the average number of students per
  541  classroom in each of the following grade groupings:
  542  prekindergarten through grade 3, grade 4 through grade 8, and
  543  grade 9 through grade 12, by at least two students each year.
  544         (b)Determination of the number of students per classroom
  545  in paragraph (a) shall be calculated as follows:
  546         1.For fiscal years 2003-2004 through 2005-2006, the
  547  calculation for compliance for each of the 3 grade groupings
  548  shall be the average at the district level.
  549         2.For fiscal years 2006-2007 through 2009-2010, the
  550  calculation for compliance for each of the 3 grade groupings
  551  shall be the average at the school level.
  552         3.For fiscal year 2010-2011 and thereafter, the
  553  calculation for compliance shall be at the individual classroom
  554  level.
  555         4.For fiscal years 2006-2007 through 2009-2010 and
  556  thereafter, each teacher assigned to any classroom shall be
  557  included in the calculation for compliance.
  558         (c)The Department of Education shall annually calculate
  559  each of the three average class size measures defined in
  560  paragraphs (a) and (b) based upon the October student membership
  561  survey. For purposes of determining the baseline from which each
  562  district’s average class size must be reduced for the 2003-2004
  563  school year, the department shall use data from the February
  564  2003 student membership survey updated to include classroom
  565  identification numbers as required by the department.
  566         (d)Prior to the adoption of the district school budget for
  567  2004-2005, each district school board shall hold public hearings
  568  to review school attendance zones in order to ensure maximum use
  569  of facilities while minimizing the additional use of
  570  transportation in order to comply with the two-student-per-year
  571  reduction required in paragraph (a). School districts that meet
  572  the constitutional class size maximums described in subsection
  573  (1) are exempt from this requirement.
  574         (3) IMPLEMENTATION OPTIONS.—District school boards must
  575  consider, but are not limited to, implementing the following
  576  items in order to meet the constitutional class size maximums
  577  described in subsection (1) and the two-student-per-year
  578  reduction required in subsection (2):
  579         (a) Adopt policies to encourage qualified students to take
  580  dual enrollment courses.
  581         (b) Adopt policies to encourage students to take courses
  582  from the Florida Virtual School and school district virtual
  583  instruction programs.
  584         (c)1. Repeal district school board policies that require
  585  students to have more than 24 credits to graduate from high
  586  school.
  587         2. Adopt policies to allow students to graduate from high
  588  school as soon as they pass the grade 10 FCAT and complete the
  589  courses required for high school graduation.
  590         (d) Use methods to maximize use of instructional staff,
  591  such as changing required teaching loads and scheduling of
  592  planning periods, deploying district employees that have
  593  professional certification to the classroom, using adjunct
  594  educators, or any other method not prohibited by law.
  595         (e) Use innovative methods to reduce the cost of school
  596  construction by using prototype school designs, using SMART
  597  Schools designs, participating in the School Infrastructure
  598  Thrift Program, or any other method not prohibited by law.
  599         (f) Use joint-use facilities through partnerships with
  600  community colleges, state universities, and private colleges and
  601  universities. Joint-use facilities available for use as K-12
  602  classrooms that do not meet the K-12 State Regulations for
  603  Educational Facilities in the Florida Building Code may be used
  604  at the discretion of the district school board provided that
  605  such facilities meet all other health, life, safety, and fire
  606  codes.
  607         (g) Adopt alternative methods of class scheduling, such as
  608  block scheduling.
  609         (h) Redraw school attendance zones to maximize use of
  610  facilities while minimizing the additional use of
  611  transportation.
  612         (i) Operate schools beyond the normal operating hours to
  613  provide classes in the evening or operate more than one session
  614  of school during the day.
  615         (j) Use year-round schools and other nontraditional
  616  calendars that do not adversely impact annual assessment of
  617  student achievement.
  618         (k) Review and consider amending any collective bargaining
  619  contracts that hinder the implementation of class size
  620  reduction.
  621         (l) Use any other approach not prohibited by law.
  622         (4) ACCOUNTABILITY.—
  623         (a)1. Beginning in the 2003-2004 fiscal year, if the
  624  department determines for any year that a school district has
  625  not reduced average class size as required in subsection (2) at
  626  the time of the third FEFP calculation, the department shall
  627  calculate an amount from the class size reduction operating
  628  categorical which is proportionate to the amount of class size
  629  reduction not accomplished. Upon verification of the
  630  department’s calculation by the Florida Education Finance
  631  Program Appropriation Allocation Conference and not later than
  632  March 1 of each year, the Executive Office of the Governor shall
  633  transfer undistributed funds equivalent to the calculated amount
  634  from the district’s class size reduction operating categorical
  635  to an approved fixed capital outlay appropriation for class size
  636  reduction in the affected district pursuant to s. 216.292(2)(d).
  637  The amount of funds transferred shall be the lesser of the
  638  amount verified by the Florida Education Finance Program
  639  Appropriation Allocation Conference or the undistributed balance
  640  of the district’s class size reduction operating categorical.
  641         2.In lieu of the transfer required by subparagraph 1., the
  642  Commissioner of Education may recommend a budget amendment,
  643  subject to approval by the Legislative Budget Commission, to
  644  transfer an alternative amount of funds from the district’s
  645  class size reduction operating categorical to its approved fixed
  646  capital outlay account for class size reduction if the
  647  commissioner finds that the State Board of Education has
  648  reviewed evidence indicating that a district has been unable to
  649  meet class size reduction requirements despite appropriate
  650  effort to do so. The commissioner’s budget amendment must be
  651  submitted to the Legislative Budget Commission by February 15 of
  652  each year.
  653         3.For the 2007-2008 fiscal year and thereafter, if in any
  654  fiscal year funds from a district’s class size operating
  655  categorical are required to be transferred to its fixed capital
  656  outlay fund and the district’s class size operating categorical
  657  allocation in the General Appropriations Act for that fiscal
  658  year has been reduced by a subsequent appropriation, the
  659  Commissioner of Education may recommend a 50-percent reduction
  660  in the amount of the transfer.
  661         (a)(b)Beginning in the 2010-2011 fiscal year and each year
  662  thereafter, If the department determines that the number of
  663  students assigned to any individual class exceed exceeds the
  664  class size maximum, as required in subsection (1) (2), at the
  665  time of the third FEFP calculation, except in 2010-2011 at the
  666  time of the fourth calculation, the department shall:
  667         1. Identify, for each grade group, the number of classes in
  668  which the enrollment exceeds the maximum, the number of students
  669  exceed which exceeds the maximum for each class, and the total
  670  number of students that exceed which exceeds the maximum for all
  671  classes.
  672         2. Determine the number of full-time equivalent students
  673  that exceed which exceeds the maximum class size for each grade
  674  group.
  675         3. Multiply the total number of FTE students that exceed
  676  which exceeds the maximum class size for each grade group by the
  677  district’s FTE dollar amount of the class-size-reduction
  678  allocation for that year and calculate the total for all three
  679  grade groups.
  680         4.Multiply the total number of FTE students that exceed
  681  the maximum for all classes by the amount of the base student
  682  allocation adjusted by the district’s district cost
  683  differential.
  684         5.4. Reduce the district’s class-size-reduction operating
  685  categorical allocation by an amount equal to the sum of the
  686  calculations calculation in subparagraphs subparagraph 3. and 4.
  687  The commissioner is authorized to withhold the distribution of
  688  class size allocation reduction funds to the extent necessary to
  689  comply with this section.
  690         (b)(c) Upon verification of the department’s calculation by
  691  the Florida Education Finance Program Appropriation Allocation
  692  Conference and no later than March 1 of each year, the Executive
  693  Office of the Governor shall place these funds in reserve, and
  694  the undistributed funds shall revert to the General Revenue Fund
  695  unallocated at the end of the fiscal year. The amount of funds
  696  reduced shall be the lesser of the amount verified by the
  697  Florida Education Finance Program Appropriation Allocation
  698  Conference or the undistributed balance of the district’s class
  699  size-reduction operating categorical allocation.
  700         (c)(d) In lieu of the reduction calculation in paragraph
  701  (a) (b), if the Commissioner of Education has evidence that a
  702  district was unable to meet the class size requirements despite
  703  appropriate efforts to do so or because of an extreme emergency,
  704  he or she may recommend a budget amendment, subject to approval
  705  of the Legislative Budget Commission, to reduce an alternative
  706  amount of funds from the district’s class-size-reduction
  707  operating categorical allocation. The commissioner’s budget
  708  amendment must be submitted to the Legislative Budget Commission
  709  by February 15 of each year.
  710         (d)The March 1 and February 15 dates in paragraphs (b) and
  711  (c) do not apply for the 2010-2011 fiscal year.
  712         (e)In addition to the calculation required in paragraph
  713  (a), at the time of the third FEFP calculation for the 2009-2010
  714  fiscal year, the department shall also prepare a simulated
  715  calculation based on the requirements in paragraphs (b) and (c).
  716  This simulated calculation shall be provided to the school
  717  districts and the Legislature.
  718         Section 13. Effective upon approval by the electors of
  719  Senate Joint Resolution 2 or House Joint Resolution 7039 in the
  720  2010 General Election and retroactive to the beginning of the
  721  2010-2011 school year, section 1003.03, Florida Statutes, is
  722  amended to read:
  723         1003.03 Maximum class size.—
  724         (1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.—Pursuant to s. 1,
  725  Art. IX of the State Constitution, beginning in the 2010-2011
  726  school year:
  727         (a)The average number of students at the school level
  728  assigned to each teacher who is teaching core-curricula courses
  729  in public school classrooms for prekindergarten through grade 3
  730  may not exceed 18 students and the maximum number of students
  731  assigned to a teacher in an individual class may not exceed 21
  732  students.
  733         (b)The average number of students at the school level
  734  assigned to each teacher who is teaching core-curricula courses
  735  in public school classrooms for grades 4 through 8 may not
  736  exceed 22 students and the maximum number of students assigned
  737  to a teacher in an individual class may not exceed 27 students.
  738         (c)The average number of students at the school level
  739  assigned to each teacher who is teaching core-curricula courses
  740  in public school classrooms for grades 9 through 12 may not
  741  exceed 25 students and the maximum number of students assigned
  742  to a teacher in an individual class may not exceed 30 students.
  743         (a)The maximum number of students assigned to each teacher
  744  who is teaching core-curricula courses in public school
  745  classrooms for prekindergarten through grade 3 may not exceed 18
  746  students.
  747         (b)The maximum number of students assigned to each teacher
  748  who is teaching core-curricula courses in public school
  749  classrooms for grades 4 through 8 may not exceed 22 students.
  750         (c)The maximum number of students assigned to each teacher
  751  who is teaching core-curricula courses in public school
  752  classrooms for grades 9 through 12 may not exceed 25 students.
  753         (2) IMPLEMENTATION.—The Department of Education shall
  754  annually calculate class size as defined in subsection (1) based
  755  upon the October student membership survey, except that the
  756  calculation for the 2010-2011 school year shall be based on the
  757  February student membership survey. The calculation for
  758  compliance for each of the three grade groupings shall be the
  759  number of students assigned to each teacher in an individual
  760  class and the average number of students at the school level
  761  assigned to each teacher. Each teacher assigned to any classroom
  762  shall be included in the calculation for compliance.
  763         (a)Beginning with the 2003-2004 fiscal year, each school
  764  district that is not in compliance with the maximums in
  765  subsection (1) shall reduce the average number of students per
  766  classroom in each of the following grade groupings:
  767  prekindergarten through grade 3, grade 4 through grade 8, and
  768  grade 9 through grade 12, by at least two students each year.
  769         (b)Determination of the number of students per classroom
  770  in paragraph (a) shall be calculated as follows:
  771         1.For fiscal years 2003-2004 through 2005-2006, the
  772  calculation for compliance for each of the 3 grade groupings
  773  shall be the average at the district level.
  774         2.For fiscal years 2006-2007 through 2009-2010, the
  775  calculation for compliance for each of the 3 grade groupings
  776  shall be the average at the school level.
  777         3.For fiscal year 2010-2011 and thereafter, the
  778  calculation for compliance shall be at the individual classroom
  779  level.
  780         4.For fiscal years 2006-2007 through 2009-2010 and
  781  thereafter, each teacher assigned to any classroom shall be
  782  included in the calculation for compliance.
  783         (c)The Department of Education shall annually calculate
  784  each of the three average class size measures defined in
  785  paragraphs (a) and (b) based upon the October student membership
  786  survey. For purposes of determining the baseline from which each
  787  district’s average class size must be reduced for the 2003-2004
  788  school year, the department shall use data from the February
  789  2003 student membership survey updated to include classroom
  790  identification numbers as required by the department.
  791         (d)Prior to the adoption of the district school budget for
  792  2004-2005, each district school board shall hold public hearings
  793  to review school attendance zones in order to ensure maximum use
  794  of facilities while minimizing the additional use of
  795  transportation in order to comply with the two-student-per-year
  796  reduction required in paragraph (a). School districts that meet
  797  the constitutional class size maximums described in subsection
  798  (1) are exempt from this requirement.
  799         (3) IMPLEMENTATION OPTIONS.—District school boards must
  800  consider, but are not limited to, implementing the following
  801  items in order to meet the constitutional class size maximums
  802  described in subsection (1) and the two-student-per-year
  803  reduction required in subsection (2):
  804         (a) Adopt policies to encourage qualified students to take
  805  dual enrollment courses.
  806         (b) Adopt policies to encourage students to take courses
  807  from the Florida Virtual School and school district virtual
  808  instruction programs.
  809         (c)1. Repeal district school board policies that require
  810  students to have more than 24 credits to graduate from high
  811  school.
  812         2. Adopt policies to allow students to graduate from high
  813  school as soon as they pass the grade 10 FCAT and complete the
  814  courses required for high school graduation.
  815         (d) Use methods to maximize use of instructional staff,
  816  such as changing required teaching loads and scheduling of
  817  planning periods, deploying district employees that have
  818  professional certification to the classroom, using adjunct
  819  educators, or any other method not prohibited by law.
  820         (e) Use innovative methods to reduce the cost of school
  821  construction by using prototype school designs, using SMART
  822  Schools designs, participating in the School Infrastructure
  823  Thrift Program, or any other method not prohibited by law.
  824         (f) Use joint-use facilities through partnerships with
  825  community colleges, state universities, and private colleges and
  826  universities. Joint-use facilities available for use as K-12
  827  classrooms that do not meet the K-12 State Regulations for
  828  Educational Facilities in the Florida Building Code may be used
  829  at the discretion of the district school board provided that
  830  such facilities meet all other health, life, safety, and fire
  831  codes.
  832         (g) Adopt alternative methods of class scheduling, such as
  833  block scheduling.
  834         (h) Redraw school attendance zones to maximize use of
  835  facilities while minimizing the additional use of
  836  transportation.
  837         (i) Operate schools beyond the normal operating hours to
  838  provide classes in the evening or operate more than one session
  839  of school during the day.
  840         (j) Use year-round schools and other nontraditional
  841  calendars that do not adversely impact annual assessment of
  842  student achievement.
  843         (k) Review and consider amending any collective bargaining
  844  contracts that hinder the implementation of class size
  845  reduction.
  846         (l) Use any other approach not prohibited by law.
  847         (4) ACCOUNTABILITY.—
  848         (a) If the department determines that the number of
  849  students assigned to any individual class exceeds the classroom
  850  maximum, or if the department determines that the school average
  851  is greater than the school level maximum, the department shall
  852  identify for each of three grade groups:
  853         1. The number of FTE students in an individual classroom
  854  that are greater than the classroom maximum and the number of
  855  FTE students that are greater than the school level average, not
  856  including the number of FTE that are greater than the classroom
  857  maximum.
  858         2.Multiply the total number of FTE students as calculated
  859  in subparagraph 1. which exceed the maximum class size for each
  860  grade group by the district’s FTE dollar amount of the class
  861  size-reduction allocation for that year and calculate the total
  862  dollar amount for all three grade groups.
  863         3.Multiply the total number of FTE students as calculated
  864  in subparagraph 1. which exceed the maximum by the amount of the
  865  base student allocation adjusted by the district cost
  866  differential.
  867         4.Reduce the district’s class-size-reduction operating
  868  categorical allocation by an amount equal to the sum of the
  869  calculations in subparagraphs 2. and 3. The commissioner is
  870  authorized to withhold the distribution of class size reduction
  871  allocation funds to the extent necessary to comply with this
  872  section.
  873         (a)1.Beginning in the 2003-2004 fiscal year, if the
  874  department determines for any year that a school district has
  875  not reduced average class size as required in subsection (2) at
  876  the time of the third FEFP calculation, the department shall
  877  calculate an amount from the class size reduction operating
  878  categorical which is proportionate to the amount of class size
  879  reduction not accomplished. Upon verification of the
  880  department’s calculation by the Florida Education Finance
  881  Program Appropriation Allocation Conference and not later than
  882  March 1 of each year, the Executive Office of the Governor shall
  883  transfer undistributed funds equivalent to the calculated amount
  884  from the district’s class size reduction operating categorical
  885  to an approved fixed capital outlay appropriation for class size
  886  reduction in the affected district pursuant to s. 216.292(2)(d).
  887  The amount of funds transferred shall be the lesser of the
  888  amount verified by the Florida Education Finance Program
  889  Appropriation Allocation Conference or the undistributed balance
  890  of the district’s class size reduction operating categorical.
  891         2.In lieu of the transfer required by subparagraph 1., the
  892  Commissioner of Education may recommend a budget amendment,
  893  subject to approval by the Legislative Budget Commission, to
  894  transfer an alternative amount of funds from the district’s
  895  class size reduction operating categorical to its approved fixed
  896  capital outlay account for class size reduction if the
  897  commissioner finds that the State Board of Education has
  898  reviewed evidence indicating that a district has been unable to
  899  meet class size reduction requirements despite appropriate
  900  effort to do so. The commissioner’s budget amendment must be
  901  submitted to the Legislative Budget Commission by February 15 of
  902  each year.
  903         3.For the 2007-2008 fiscal year and thereafter, if in any
  904  fiscal year funds from a district’s class size operating
  905  categorical are required to be transferred to its fixed capital
  906  outlay fund and the district’s class size operating categorical
  907  allocation in the General Appropriations Act for that fiscal
  908  year has been reduced by a subsequent appropriation, the
  909  Commissioner of Education may recommend a 50-percent reduction
  910  in the amount of the transfer.
  911         (b)(c) Upon verification of the department’s calculation by
  912  the Florida Education Finance Program Appropriation Allocation
  913  Conference and no later than March 1 of each year, the Executive
  914  Office of the Governor shall place these funds in reserve, and
  915  the undistributed funds shall revert to the General Revenue Fund
  916  unallocated at the end of the fiscal year. The amount of funds
  917  reduced shall be the lesser of the amount verified by the
  918  Florida Education Finance Program Appropriation Allocation
  919  Conference or the undistributed balance of the district’s class
  920  size-reduction operating categorical allocation.
  921         (c)(d) In lieu of the reduction calculation in paragraph
  922  (a) (b), if the Commissioner of Education has evidence that a
  923  district has been unable to meet the class size requirements
  924  despite appropriate efforts to do so or because of an extreme
  925  emergency, he or she may recommend a budget amendment, subject
  926  to approval of the Legislative Budget Commission, to reduce an
  927  alternative amount of funds from the district’s class-size
  928  reduction operating categorical allocation. The commissioner’s
  929  budget amendment must be submitted to the Legislative Budget
  930  Commission by February 15 of each year.
  931         (d)The March 1 and February 15 dates in paragraphs (b) and
  932  (c) do not apply for the 2010-2011 fiscal year.
  933         (e)In addition to the calculation required in paragraph
  934  (a), at the time of the third FEFP calculation for the 2009-2010
  935  fiscal year, the department shall also prepare a simulated
  936  calculation based on the requirements in paragraphs (b) and (c).
  937  This simulated calculation shall be provided to the school
  938  districts and the Legislature.
  939         (5) TEAM-TEACHING STRATEGIES.—
  940         (a) School districts may use teaching strategies that
  941  include the assignment of more than one teacher to a classroom
  942  of students and that were implemented before July 1, 2005.
  943  Effective July 1, 2005, school districts may implement
  944  additional teaching strategies that include the assignment of
  945  more than one teacher to a classroom of students for the
  946  following purposes only:
  947         1. Pairing teachers for the purpose of staff development.
  948         2. Pairing new teachers with veteran teachers.
  949         3. Reducing turnover among new teachers.
  950         4. Pairing teachers who are teaching out-of-field with
  951  teachers who are in-field.
  952         5. Providing for more flexibility and innovation in the
  953  classroom.
  954         6. Improving learning opportunities for students, including
  955  students who have disabilities.
  956         (b) Teaching strategies, including team teaching, co
  957  teaching, or inclusion teaching, implemented on or after July 1,
  958  2005, pursuant to paragraph (a) may be implemented subject to
  959  the following restrictions:
  960         1. Reasonable limits shall be placed on the number of
  961  students in a classroom so that classrooms are not overcrowded.
  962  Teacher-to-student ratios within a curriculum area or grade
  963  level must not exceed constitutional limits.
  964         2. At least one member of the team must have at least 3
  965  years of teaching experience.
  966         3. At least one member of the team must be teaching in
  967  field.
  968         4. The teachers must be trained in team-teaching methods
  969  within 1 year after assignment.
  970         (c) As used in this subsection, the term:
  971         1. “Team teaching” or “co-teaching” means two or more
  972  teachers are assigned to a group of students and each teacher is
  973  responsible for all of the students during the entire class
  974  period. In order to be considered team teaching or co-teaching,
  975  each teacher is responsible for planning, delivering, and
  976  evaluating instruction for all students in the class or subject
  977  for the entire class period.
  978         2. “Inclusion teaching” means two or more teachers are
  979  assigned to a group of students, but one of the teachers is
  980  responsible for only one student or a small group of students in
  981  the classroom.
  982  
  983  The use of strategies implemented as outlined in this subsection
  984  meets the letter and intent of the Florida Constitution and the
  985  Florida Statutes which relate to implementing class size
  986  reduction, and this subsection applies retroactively. A school
  987  district may not be penalized financially or otherwise as a
  988  result of the use of any legal strategy, including, but not
  989  limited to, those set forth in subsection (3) and this
  990  subsection.
  991         Section 14. Subsection (2) of section 1003.492, Florida
  992  Statutes, is amended to read:
  993         1003.492 Industry-certified career education programs.—
  994         (2) The State Board of Education shall use the expertise of
  995  Workforce Florida, Inc., and Enterprise Florida, Inc., to
  996  develop and adopt rules pursuant to ss. 120.536(1) and 120.54
  997  for implementing an industry certification process. Industry
  998  certification shall be defined by the Agency for Workforce
  999  Innovation, based upon the highest available national standards
 1000  for specific industry certification, to ensure student skill
 1001  proficiency and to address emerging labor market and industry
 1002  trends. A regional workforce board or a career and professional
 1003  academy may apply to Workforce Florida, Inc., to request
 1004  additions to the approved list of industry certifications based
 1005  on high-demand job requirements in the regional economy. The
 1006  list of industry certifications approved by Workforce Florida,
 1007  Inc., and the Department of Education shall be published and
 1008  updated annually by a date certain, to be included in the
 1009  adopted rule.
 1010         Section 15. Subsection (1) of section 1006.28, Florida
 1011  Statutes, is amended to read:
 1012         1006.28 Duties of district school board, district school
 1013  superintendent; and school principal regarding K-12
 1014  instructional materials.—
 1015         (1) DISTRICT SCHOOL BOARD.—The district school board has
 1016  the duty to provide adequate instructional materials for all
 1017  students in accordance with the requirements of this part. The
 1018  term “adequate instructional materials” means a sufficient
 1019  number of textbooks or sets of materials that are available in
 1020  bound, unbound, kit, or package form and may consist of hard
 1021  backed or soft-backed textbooks, electronic content,
 1022  consumables, learning laboratories, manipulatives, electronic
 1023  media, and computer courseware or software that serve as the
 1024  basis for instruction for each student in the core courses of
 1025  mathematics, language arts, social studies, science, reading,
 1026  and literature, except for instruction for which the school
 1027  advisory council approves the use of a program that does not
 1028  include a textbook as a major tool of instruction. The district
 1029  school board has the following specific duties:
 1030         (a) Courses of study; adoption.—Adopt courses of study for
 1031  use in the schools of the district.
 1032         (b) Textbooks.—Provide for proper requisitioning,
 1033  distribution, accounting, storage, care, and use of all
 1034  instructional materials furnished by the state and furnish such
 1035  other instructional materials as may be needed. The district
 1036  school board shall assure that instructional materials used in
 1037  the district are consistent with the district goals and
 1038  objectives and the curriculum frameworks adopted by rule of the
 1039  State Board of Education, as well as with the state and district
 1040  performance standards provided for in s. 1001.03(1).
 1041         (c) Other instructional materials.—Provide such other
 1042  teaching accessories and aids as are needed for the school
 1043  district’s educational program.
 1044         (d) School library media services; establishment and
 1045  maintenance.—Establish and maintain a program of school library
 1046  media services for all public schools in the district, including
 1047  school library media centers, or school library media centers
 1048  open to the public, and, in addition such traveling or
 1049  circulating libraries as may be needed for the proper operation
 1050  of the district school system.
 1051         Section 16. Section 1006.281, Florida Statutes, is created
 1052  to read:
 1053         1006.281Learning management systems.
 1054         (1)To ensure that all school districts have equitable
 1055  access to digitally rich instructional materials, districts are
 1056  encouraged to provide access to an electronic learning
 1057  management system that allows teachers, students, and parents to
 1058  access, organize, and use electronically available instructional
 1059  materials and teaching and learning tools and resources, and
 1060  that enables teachers to manage, assess, and track student
 1061  learning.
 1062         (2)To the extent fiscally and technologically feasible, a
 1063  school district’s electronic learning management system should
 1064  allow for a single, authenticated sign-on and include the
 1065  following functionality:
 1066         (a)Vertically searches for, gathers, and organizes
 1067  specific standards-based instructional materials.
 1068         (b)Enables teachers to prepare lessons, individualize
 1069  student instruction, and use best practices in providing
 1070  instruction.
 1071         (c)Provides communication, including access to up-to-date
 1072  student performance data, in order to help teachers and parents
 1073  better serve the needs of students.
 1074         (d)Provides access for administrators to ensure quality of
 1075  instruction within every classroom.
 1076         (e) Provides access to multiple content providers.
 1077         (3)The Department of Education shall provide assistance as
 1078  requested by school districts in their deployment of a district
 1079  electronic learning management system.
 1080         Section 17. Subsection (4) of section 1006.29, Florida
 1081  Statutes, is amended to read:
 1082         1006.29 State instructional materials committees.—
 1083         (4) For purposes of state adoption, “instructional
 1084  materials” means items having intellectual content that by
 1085  design serve as a major tool for assisting in the instruction of
 1086  a subject or course. These items may be available in bound,
 1087  unbound, kit, or package form and may consist of hardbacked or
 1088  softbacked textbooks, electronic content, consumables, learning
 1089  laboratories, manipulatives, electronic media, and computer
 1090  courseware or software. The term does not include electronic or
 1091  computer hardware even if such hardware is bundled with software
 1092  or other electronic media, nor does it include equipment or
 1093  supplies. A publisher or manufacturer providing instructional
 1094  materials as a single bundle shall also make the instructional
 1095  materials available as separate and unbundled items, each priced
 1096  individually. Any instructional materials adopted after 2012
 1097  2013 for students in grades 9 through 12 shall be provided
 1098  primarily in an electronic format.
 1099         Section 18. Paragraph (b) of subsection (1) of section
 1100  1006.33, Florida Statutes, is amended to read:
 1101         1006.33 Bids or proposals; advertisement and its contents.—
 1102         (1)
 1103         (b) The advertisement shall state that, beginning in 2010
 1104  2011, each bidder shall furnish electronic specimen copies of
 1105  all instructional materials submitted, at a time designated by
 1106  the department, which specimen copies shall be identical with
 1107  the copies approved and accepted by the members of the state
 1108  instructional materials committee, as prescribed in this
 1109  section, and with the copies furnished to the department and
 1110  district school superintendents, as provided in this part. Any
 1111  district school superintendent who requires samples in addition
 1112  to the electronic format must request those samples through the
 1113  department.
 1114         Section 19. Paragraph (a) of subsection (3) and subsection
 1115  (4) of section 1006.40, Florida Statutes, are amended to read:
 1116         1006.40 Use of instructional materials allocation;
 1117  instructional materials, library books, and reference books;
 1118  repair of books.—
 1119         (3)(a) Each district school board shall use the annual
 1120  allocation for the purchase of instructional materials included
 1121  on the state-adopted list, except as otherwise authorized in
 1122  paragraphs (b) and (c). No less than 50 percent of the annual
 1123  allocation shall be used to purchase items which will be used to
 1124  provide instruction to students at the level or levels for which
 1125  the materials are designed. Beginning with the 2012-2013 fiscal
 1126  year, not less than 10 percent of the annual allocation shall be
 1127  used to purchase items for which the major tool of instruction
 1128  is used electronically.
 1129         (4) The funds described in subsection (3) which district
 1130  school boards may use to purchase materials not on the state
 1131  adopted list shall be used for the purchase of instructional
 1132  materials or other items having intellectual content which
 1133  assist in the instruction of a subject or course. These items
 1134  may be available in bound, unbound, kit, or package form and may
 1135  consist of hardbacked or softbacked textbooks, electronic
 1136  content, replacements for items which were part of previously
 1137  purchased instructional materials, consumables, learning
 1138  laboratories, manipulatives, electronic media, computer
 1139  courseware or software, and other commonly accepted
 1140  instructional tools as prescribed by district school board rule.
 1141  The funds available to district school boards for the purchase
 1142  of materials not on the state-adopted list may not be used to
 1143  purchase electronic or computer hardware even if such hardware
 1144  is bundled with software or other electronic media, nor may such
 1145  funds be used to purchase equipment or supplies. However, when
 1146  authorized to do so in the General Appropriations Act, a school
 1147  or district school board may use a portion of the funds
 1148  available to it for the purchase of materials not on the state
 1149  adopted list to purchase science laboratory materials and
 1150  supplies.
 1151         Section 20. Subsection (1) of section 1007.27, Florida
 1152  Statutes, is amended to read:
 1153         1007.27 Articulated acceleration mechanisms.—
 1154         (1) It is the intent of the Legislature that a variety of
 1155  articulated acceleration mechanisms be available for secondary
 1156  and postsecondary students attending public educational
 1157  institutions. It is intended that articulated acceleration serve
 1158  to shorten the time necessary for a student to complete the
 1159  requirements associated with the conference of a high school
 1160  diploma and a postsecondary degree, broaden the scope of
 1161  curricular options available to students, or increase the depth
 1162  of study available for a particular subject. Articulated
 1163  acceleration mechanisms shall include, but not be limited to,
 1164  dual enrollment as provided for in s. 1007.271, early admission,
 1165  advanced placement, credit by examination, the International
 1166  Baccalaureate Program, and the Advanced International
 1167  Certificate of Education Program. Credit earned through the
 1168  Florida Virtual School shall provide additional opportunities
 1169  for early graduation and acceleration. Students of Florida
 1170  public secondary schools enrolled pursuant to this subsection
 1171  shall be deemed authorized users of the state-funded electronic
 1172  library resources that are licensed for public colleges and
 1173  universities by the Florida Center for Library Automation and
 1174  the College Center for Library Automation. Verification of
 1175  eligibility shall be in accordance with rules established by the
 1176  State Board of Education and the Board of Governors and
 1177  processes implemented by public colleges and universities.
 1178         Section 21. Paragraph (c) of subsection (3) of section
 1179  1008.34, Florida Statutes, is amended to read:
 1180         1008.34 School grading system; school report cards;
 1181  district grade.—
 1182         (3) DESIGNATION OF SCHOOL GRADES.—
 1183         (c) Student assessment data used in determining school
 1184  grades shall include:
 1185         1. The aggregate scores of all eligible students enrolled
 1186  in the school who have been assessed on the FCAT.
 1187         2. The aggregate scores of all eligible students enrolled
 1188  in the school who have been assessed on the FCAT and who have
 1189  scored at or in the lowest 25th percentile of students in the
 1190  school in reading, mathematics, or writing, unless these
 1191  students are exhibiting satisfactory performance.
 1192         3. Effective with the 2005-2006 school year, the
 1193  achievement scores and learning gains of eligible students
 1194  attending alternative schools that provide dropout prevention
 1195  and academic intervention services pursuant to s. 1003.53. The
 1196  term “eligible students” in this subparagraph does not include
 1197  students attending an alternative school who are subject to
 1198  district school board policies for expulsion for repeated or
 1199  serious offenses, who are in dropout retrieval programs serving
 1200  students who have officially been designated as dropouts, or who
 1201  are in programs operated or contracted by the Department of
 1202  Juvenile Justice. The student performance data for eligible
 1203  students identified in this subparagraph shall be included in
 1204  the calculation of the home school’s grade. As used in this
 1205  section and s. 1008.341, the term “home school” means the school
 1206  to which the student would be assigned if the student were not
 1207  assigned to an alternative school. If an alternative school
 1208  chooses to be graded under this section, student performance
 1209  data for eligible students identified in this subparagraph shall
 1210  not be included in the home school’s grade but shall be included
 1211  only in the calculation of the alternative school’s grade. A
 1212  school district that fails to assign the FCAT scores of each of
 1213  its students to his or her home school or to the alternative
 1214  school that receives a grade shall forfeit Florida School
 1215  Recognition Program funds for 1 fiscal year. School districts
 1216  must require collaboration between the home school and the
 1217  alternative school in order to promote student success. This
 1218  collaboration must include an annual discussion between the
 1219  principal of the alternative school and the principal of each
 1220  student’s home school concerning the most appropriate school
 1221  assignment of the student.
 1222         4. Beginning with the 2009-2010 school year for schools
 1223  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1224  11, and 12, the data listed in subparagraphs 1.-3. and the
 1225  following data as the Department of Education determines such
 1226  data are valid and available:
 1227         a. The high school graduation rate of the school as
 1228  calculated by the Department of Education;
 1229         b. The successful completion participation rate of all
 1230  eligible students enrolled in the school and enrolled in College
 1231  Board Advanced Placement courses; International Baccalaureate
 1232  courses; dual enrollment courses; Advanced International
 1233  Certificate of Education courses; and courses or sequence of
 1234  courses leading to industry certification, as determined by the
 1235  Agency for Workforce Innovation under s. 1003.492(2) in a career
 1236  and professional academy, as described in s. 1003.493;
 1237         c. The aggregate scores of all eligible students enrolled
 1238  in the school in College Board Advanced Placement courses,
 1239  International Baccalaureate courses, and Advanced International
 1240  Certificate of Education courses;
 1241         d. Earning of college credit by all eligible students
 1242  enrolled in the school in dual enrollment programs under s.
 1243  1007.271;
 1244         e. Earning of an industry certification, as determined by
 1245  the Agency for Workforce Innovation under s. 1003.492(2) in a
 1246  career and professional academy, as described in s. 1003.493;
 1247         f. The aggregate scores of all eligible students enrolled
 1248  in the school in reading, mathematics, and other subjects as
 1249  measured by the SAT, the ACT, and the common placement test for
 1250  postsecondary readiness;
 1251         g. The high school graduation rate of all eligible at-risk
 1252  students enrolled in the school who scored at Level 2 or lower
 1253  on the grade 8 FCAT Reading and Mathematics examinations;
 1254         h. The performance of the school’s students on statewide
 1255  standardized end-of-course assessments administered under s.
 1256  1008.22; and
 1257         i. The growth or decline in the data components listed in
 1258  sub-subparagraphs a.-h. from year to year.
 1259  
 1260  The State Board of Education shall adopt appropriate criteria
 1261  for each school grade. The criteria must also give added weight
 1262  to student achievement in reading. Schools designated with a
 1263  grade of “C,” making satisfactory progress, shall be required to
 1264  demonstrate that adequate progress has been made by students in
 1265  the school who are in the lowest 25th percentile in reading,
 1266  mathematics, or writing on the FCAT, unless these students are
 1267  exhibiting satisfactory performance. Beginning with the 2009
 1268  2010 school year for schools comprised of high school grades 9,
 1269  10, 11, and 12, or grades 10, 11, and 12, the criteria for
 1270  school grades must also give added weight to the graduation rate
 1271  of all eligible at-risk students, as defined in this paragraph.
 1272  Beginning in the 2009-2010 school year, in order for a high
 1273  school to be designated as having a grade of “A,” making
 1274  excellent progress, the school must demonstrate that at-risk
 1275  students, as defined in this paragraph, in the school are making
 1276  adequate progress.
 1277         Section 22. Section 1011.03, Florida Statutes, is amended
 1278  to read:
 1279         1011.03 Public hearings; budget to be submitted to
 1280  Department of Education.—
 1281         (1) Each district school board must cause a summary of its
 1282  tentative budget, including the proposed millage levies as
 1283  provided for by law, and graphs illustrating a historical
 1284  summary of financial and demographic data, to be posted online
 1285  and advertised at least one time as a full-page advertisement in
 1286  a the newspaper of general with the largest circulation
 1287  published in the district or to be posted at the courthouse door
 1288  if there be no such newspaper.
 1289         (2)(a)The advertisement must include a graph illustrating
 1290  the historical summary of financial and demographic data for
 1291  each of the following data values which shall be plotted along
 1292  the vertical axis of each graph:
 1293         1.Total revenue provided to the school district from all
 1294  sources for the corresponding fiscal year, including all
 1295  federal, state, and local revenue.
 1296         2.Total revenue provided to the school district for the
 1297  corresponding fiscal year for current operations.
 1298         3.Total revenue provided to the school district for the
 1299  corresponding fiscal year for fixed capital outlay projects.
 1300         4.Total revenue provided to the school district for the
 1301  corresponding fiscal year for debt service.
 1302         5.Total number of unweighted full-time equivalent
 1303  students, inclusive of all programs listed in s. 1011.62.
 1304         6.Total revenue provided to the school district for
 1305  current operations divided by the number of unweighted full-time
 1306  equivalent students for the corresponding fiscal year.
 1307         7.Total number of employees of the school district for the
 1308  corresponding fiscal year.
 1309         8.Total number of employees of the school district
 1310  classified as instructional personnel under s. 1012.01 for the
 1311  corresponding fiscal year.
 1312         (b)Each graph must include a separate histogram
 1313  corresponding to the financial and demographic data for each of
 1314  the following fiscal years, which shall be plotted along the
 1315  horizontal axis of each graph:
 1316         1.Current fiscal year.
 1317         2.Fiscal year that is 5 years before the current fiscal
 1318  year.
 1319         3.Fiscal year that is 10 years before the current fiscal
 1320  year.
 1321         (c)The numeric value of the financial and demographic data
 1322  corresponding to each histogram must be included in each graph.
 1323         (2)(3) The advertisement of a district that has been
 1324  required by the Legislature to increase classroom expenditures
 1325  pursuant to s. 1011.64 must include the following statement:
 1326  
 1327  “This proposed budget reflects an increase in classroom
 1328  expenditures as a percent of total current operating
 1329  expenditures of XX percent over the (previous fiscal year)
 1330  fiscal year. This increase in classroom expenditures is required
 1331  by the Legislature because the district has performed below the
 1332  required performance standard on XX of XX student performance
 1333  standards for the (previous school year) school year. In order
 1334  to achieve the legislatively required level of classroom
 1335  expenditures as a percentage of total operating expenditures,
 1336  the proposed budget includes an increase in overall classroom
 1337  expenditures of $XX,XXX,XXX above the amount spent for this same
 1338  purpose during the (previous fiscal year) fiscal year. In order
 1339  to achieve improved student academic performance, this proposed
 1340  increase is being budgeted for the following activities:
 1341  ...(list activities and amount budgeted)....”
 1342         (3)(4) The advertisement shall appear adjacent to the
 1343  advertisement required pursuant to s. 200.065. The State Board
 1344  of Education may adopt rules necessary to provide specific
 1345  requirements for the format of the advertisement.
 1346         (4)(5) The board shall hold public hearings to adopt
 1347  tentative and final budgets pursuant to s. 200.065. The hearings
 1348  shall be primarily for the purpose of hearing requests and
 1349  complaints from the public regarding the budgets and the
 1350  proposed tax levies and for explaining the budget and proposed
 1351  or adopted amendments thereto, if any. The district school board
 1352  shall then require the superintendent to transmit forthwith two
 1353  copies of the adopted budget to the Department of Education for
 1354  approval as prescribed by law and rules of the State Board of
 1355  Education.
 1356         Section 23. Subsection (2) of section 1011.60, Florida
 1357  Statutes, is amended to read:
 1358         1011.60 Minimum requirements of the Florida Education
 1359  Finance Program.—Each district which participates in the state
 1360  appropriations for the Florida Education Finance Program shall
 1361  provide evidence of its effort to maintain an adequate school
 1362  program throughout the district and shall meet at least the
 1363  following requirements:
 1364         (2) MINIMUM TERM.—Operate all schools for a term of 180
 1365  actual teaching days or the equivalent on an hourly basis as
 1366  specified by rules of the State Board of Education each school
 1367  year. The State Board of Education may prescribe procedures for
 1368  altering, and, upon written application, may alter, this
 1369  requirement during a national, state, or local emergency as it
 1370  may apply to an individual school or schools in any district or
 1371  districts if, in the opinion of the board, it is not feasible to
 1372  make up lost days or hours, and the apportionment may, at the
 1373  discretion of the Commissioner of Education and if the board
 1374  determines that the reduction of school days or hours is caused
 1375  by the existence of a bona fide emergency, be reduced for such
 1376  district or districts in proportion to the decrease in the
 1377  length of term in any such school or schools. A strike, as
 1378  defined in s. 447.203(6), by employees of the school district
 1379  may not be considered an emergency.
 1380         Section 24. Paragraphs (m), (n), (o), (p), and (q) of
 1381  subsection (1), paragraph (b) of subsection (6), paragraph (d)
 1382  of subsection (7), and paragraph (a) of subsection (12) of
 1383  section 1011.62, Florida Statutes, are amended to read:
 1384         1011.62 Funds for operation of schools.—If the annual
 1385  allocation from the Florida Education Finance Program to each
 1386  district for operation of schools is not determined in the
 1387  annual appropriations act or the substantive bill implementing
 1388  the annual appropriations act, it shall be determined as
 1389  follows:
 1390         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1391  OPERATION.—The following procedure shall be followed in
 1392  determining the annual allocation to each district for
 1393  operation:
 1394         (m) Calculation of additional full-time equivalent
 1395  membership based on international baccalaureate examination
 1396  scores of students.—A value of 0.1 0.16 full-time equivalent
 1397  student membership shall be calculated for each student enrolled
 1398  in an international baccalaureate course who receives a score of
 1399  4 or higher on a subject examination. A value of 0.3 full-time
 1400  equivalent student membership shall be calculated for each
 1401  student who receives an international baccalaureate diploma.
 1402  Such value shall be added to the total full-time equivalent
 1403  student membership in basic programs for grades 9 through 12 in
 1404  the subsequent fiscal year. The school district shall distribute
 1405  to each classroom teacher who provided international
 1406  baccalaureate instruction:
 1407         1. A bonus in the amount of $25 $50 for each student taught
 1408  by the International Baccalaureate teacher in each international
 1409  baccalaureate course who receives a score of 4 or higher on the
 1410  international baccalaureate examination.
 1411         2. An additional bonus of $250 $500 to each International
 1412  Baccalaureate teacher in a school designated with a grade of “D”
 1413  or “F” who has at least one student scoring 4 or higher on the
 1414  international baccalaureate examination, regardless of the
 1415  number of classes taught or of the number of students scoring a
 1416  4 or higher on the international baccalaureate examination.
 1417  
 1418  Bonuses awarded to a teacher according to this paragraph shall
 1419  not exceed $1,000 $2,000 in any given school year and shall be
 1420  in addition to any regular wage or other bonus the teacher
 1421  received or is scheduled to receive.
 1422         (n) Calculation of additional full-time equivalent
 1423  membership based on Advanced International Certificate of
 1424  Education examination scores of students.—A value of 0.1 0.16
 1425  full-time equivalent student membership shall be calculated for
 1426  each student enrolled in a full-credit Advanced International
 1427  Certificate of Education course who receives a score of E or
 1428  higher on a subject examination. A value of 0.05 0.08 full-time
 1429  equivalent student membership shall be calculated for each
 1430  student enrolled in a half-credit Advanced International
 1431  Certificate of Education course who receives a score of E or
 1432  higher on a subject examination. A value of 0.3 full-time
 1433  equivalent student membership shall be calculated for each
 1434  student who receives an Advanced International Certificate of
 1435  Education diploma. Such value shall be added to the total full
 1436  time equivalent student membership in basic programs for grades
 1437  9 through 12 in the subsequent fiscal year. The school district
 1438  shall distribute to each classroom teacher who provided Advanced
 1439  International Certificate of Education instruction:
 1440         1. A bonus in the amount of $25 $50 for each student taught
 1441  by the Advanced International Certificate of Education teacher
 1442  in each full-credit Advanced International Certificate of
 1443  Education course who receives a score of E or higher on the
 1444  Advanced International Certificate of Education examination. A
 1445  bonus in the amount of $12.50 $25 for each student taught by the
 1446  Advanced International Certificate of Education teacher in each
 1447  half-credit Advanced International Certificate of Education
 1448  course who receives a score of E or higher on the Advanced
 1449  International Certificate of Education examination.
 1450         2. An additional bonus of $250 $500 to each Advanced
 1451  International Certificate of Education teacher in a school
 1452  designated with a grade of “D” or “F” who has at least one
 1453  student scoring E or higher on the full-credit Advanced
 1454  International Certificate of Education examination, regardless
 1455  of the number of classes taught or of the number of students
 1456  scoring an E or higher on the full-credit Advanced International
 1457  Certificate of Education examination.
 1458         3. Additional bonuses of $125 $250 each to teachers of
 1459  half-credit Advanced International Certificate of Education
 1460  classes in a school designated with a grade of “D” or “F” which
 1461  has at least one student scoring an E or higher on the half
 1462  credit Advanced International Certificate of Education
 1463  examination in that class. The maximum additional bonus for a
 1464  teacher awarded in accordance with this subparagraph shall not
 1465  exceed $250 $500 in any given school year. Teachers receiving an
 1466  award under subparagraph 2. are not eligible for a bonus under
 1467  this subparagraph.
 1468  
 1469  Bonuses awarded to a teacher according to this paragraph shall
 1470  not exceed $1,000 $2,000 in any given school year and shall be
 1471  in addition to any regular wage or other bonus the teacher
 1472  received or is scheduled to receive.
 1473         (o) Calculation of additional full-time equivalent
 1474  membership based on college board advanced placement scores of
 1475  students.—A value of 0.1 0.16 full-time equivalent student
 1476  membership shall be calculated for each student in each advanced
 1477  placement course who receives a score of 3 or higher on the
 1478  College Board Advanced Placement Examination for the prior year
 1479  and added to the total full-time equivalent student membership
 1480  in basic programs for grades 9 through 12 in the subsequent
 1481  fiscal year. A student who receives a score of 3 or higher and
 1482  did not take the advanced placement course is not eligible for
 1483  the 0.1 FTE membership. Each district must allocate at least 80
 1484  percent of the funds provided to the district for advanced
 1485  placement instruction, in accordance with this paragraph, to the
 1486  high school that generates the funds. The school district shall
 1487  distribute to each classroom teacher who provided advanced
 1488  placement instruction:
 1489         1. A bonus in the amount of $25 $50 for each student taught
 1490  by the Advanced Placement teacher in each advanced placement
 1491  course who receives a score of 3 or higher on the College Board
 1492  Advanced Placement Examination.
 1493         2. An additional bonus of $250 $500 to each Advanced
 1494  Placement teacher in a school designated with a grade of “D” or
 1495  “F” who has at least one student scoring 3 or higher on the
 1496  College Board Advanced Placement Examination, regardless of the
 1497  number of classes taught or of the number of students scoring a
 1498  3 or higher on the College Board Advanced Placement Examination.
 1499  
 1500  Bonuses awarded to a teacher according to this paragraph shall
 1501  not exceed $1,000 $2,000 in any given school year and shall be
 1502  in addition to any regular wage or other bonus the teacher
 1503  received or is scheduled to receive.
 1504         (p) Calculation of additional full-time equivalent
 1505  membership based on certification of successful completion of
 1506  industry-certified career and professional academy programs
 1507  pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
 1508  in the Industry Certified Funding List pursuant to rules adopted
 1509  by the State Board of Education.—A value of 0.3 full-time
 1510  equivalent student membership shall be calculated for each
 1511  student who completes an industry-certified career and
 1512  professional academy program under ss. 1003.491, 1003.492, and
 1513  1003.493 and who is issued the highest level of industry
 1514  certification identified annually in the Industry Certification
 1515  Funding List approved under rules adopted by the State Board of
 1516  Education and a high school diploma. Such value shall be added
 1517  to the total full-time equivalent student membership in
 1518  secondary career education programs for grades 9 through 12 in
 1519  the subsequent year for courses that were not funded through
 1520  dual enrollment. The additional full-time equivalent membership
 1521  authorized under this paragraph may not exceed 0.3 per student.
 1522  Each district must allocate at least 80 percent of the funds
 1523  provided for industry certification, in accordance with this
 1524  paragraph, to the program that generated the funds. Unless a
 1525  different amount is specified in the General Appropriations Act,
 1526  the appropriation for this calculation is limited to $15 million
 1527  annually. If the appropriation is insufficient to fully fund the
 1528  total calculation, the appropriation shall be prorated.
 1529         (q)Calculation of additional full-time equivalent
 1530  membership for the Florida Virtual School.—The reported full
 1531  time equivalent student membership for the Florida Virtual
 1532  School for students who are also enrolled in a school district
 1533  shall be multiplied by 0.114, and such value shall be added to
 1534  the total full-time equivalent student membership.
 1535         (6) CATEGORICAL FUNDS.—
 1536         (b) If a district school board finds and declares in a
 1537  resolution adopted at a regular meeting of the school board that
 1538  the funds received for any of the following categorical
 1539  appropriations are urgently needed to maintain school board
 1540  specified academic classroom instruction, the school board may
 1541  consider and approve an amendment to the school district
 1542  operating budget transferring the identified amount of the
 1543  categorical funds to the appropriate account for expenditure:
 1544         1. Funds for student transportation.
 1545         2. Funds for safe schools.
 1546         3. Funds for supplemental academic instruction.
 1547         4. Funds for research-based reading instruction.
 1548         5. Funds for instructional materials if all instructional
 1549  material purchases necessary to provide updated materials
 1550  aligned to Next Generation Sunshine State Standards and
 1551  benchmarks and that meet statutory requirements of content and
 1552  learning have been completed for that fiscal year, but no sooner
 1553  than March 1, 2011 2010. Funds available after March 1 may be
 1554  used to purchase hardware used to provide student instruction.
 1555         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
 1556         (d) Each district’s allocation of sparsity supplement funds
 1557  shall be adjusted in the following manner:
 1558         1. A maximum discretionary levy per FTE value for each
 1559  district shall be calculated by dividing the value of each
 1560  district’s maximum discretionary levy by its FTE student count.
 1561         2. A state average discretionary levy value per FTE shall
 1562  be calculated by dividing the total maximum discretionary levy
 1563  value for all districts by the state total FTE student count.
 1564         3. A total potential funds per FTE for each district shall
 1565  be calculated by dividing the total potential funds, not
 1566  including Florida School Recognition Program funds, Merit Award
 1567  Program funds, and the minimum guarantee funds, for each
 1568  district by its FTE student count.
 1569         4. A state average total potential funds per FTE shall be
 1570  calculated by dividing the total potential funds, not including
 1571  Florida School Recognition Program funds, Merit Award Program
 1572  funds, and the minimum guarantee funds, for all districts by the
 1573  state total FTE student count.
 1574         5. For districts that have a levy value per FTE as
 1575  calculated in subparagraph 1. higher than the state average
 1576  calculated in subparagraph 2., a sparsity wealth adjustment
 1577  shall be calculated as the product of the difference between the
 1578  state average levy value per FTE calculated in subparagraph 2.
 1579  and the district’s levy value per FTE calculated in subparagraph
 1580  1. and the district’s FTE student count and -1. However, no
 1581  district shall have a sparsity wealth adjustment that, when
 1582  applied to the total potential funds calculated in subparagraph
 1583  3., would cause the district’s total potential funds per FTE to
 1584  be less than the state average calculated in subparagraph 4.
 1585         6. Each district’s sparsity supplement allocation shall be
 1586  calculated by adding the amount calculated as specified in
 1587  paragraphs (a) and (b) and the wealth adjustment amount
 1588  calculated in this paragraph.
 1589         (12) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
 1590  CURRENT OPERATION.—The total annual state allocation to each
 1591  district for current operation for the FEFP shall be distributed
 1592  periodically in the manner prescribed in the General
 1593  Appropriations Act.
 1594         (a) If the funds appropriated for current operation of the
 1595  FEFP are not sufficient to pay the state requirement in full,
 1596  the department shall prorate the available state funds to each
 1597  district in the following manner:
 1598         1. Determine the percentage of proration by dividing the
 1599  sum of the total amount for current operation, as provided in
 1600  this paragraph for all districts collectively, and the total
 1601  district required local effort into the sum of the state funds
 1602  available for current operation and the total district required
 1603  local effort.
 1604         2. Multiply the percentage so determined by the sum of the
 1605  total amount for current operation as provided in this paragraph
 1606  and the required local effort for each individual district.
 1607         3. From the product of such multiplication, subtract the
 1608  required local effort of each district; and the remainder shall
 1609  be the amount of state funds allocated to the district for
 1610  current operation; however, no calculation subsequent to the
 1611  appropriation shall result in negative state funds for any
 1612  district.
 1613         Section 25. Paragraph (a) of subsection (4) of section
 1614  1011.64, Florida Statutes, is amended to read:
 1615         1011.64 School district minimum classroom expenditure
 1616  requirements.—
 1617         (4) In order for the Department of Education to monitor the
 1618  implementation of this section, each school district which is
 1619  required to increase emphasis on classroom activities from
 1620  operating funds pursuant to subsection (1) shall submit to the
 1621  department the following two reports in a format determined by
 1622  the department:
 1623         (a) An initial report, which shall include the proposed
 1624  budget actions identified for increased classroom expenditures,
 1625  a description of how such actions are designed to improve
 1626  student achievement, and a copy of the published statement
 1627  required by s. 1011.03(2) s. 1011.03(3). This report shall be
 1628  submitted within 30 days after final budget approval as provided
 1629  in s. 200.065.
 1630         Section 26. Subsection (1) of section 1011.67, Florida
 1631  Statutes, is amended to read:
 1632         1011.67 Funds for instructional materials.—
 1633         (1) The department is authorized to allocate and distribute
 1634  to each district an amount as prescribed annually by the
 1635  Legislature for instructional materials for student membership
 1636  in basic and special programs in grades K-12, which will provide
 1637  for growth and maintenance needs. For purposes of this
 1638  subsection, unweighted full-time equivalent students enrolled in
 1639  the lab schools in state universities are to be included as
 1640  school district students and reported as such to the department.
 1641  These funds shall be distributed to school districts as follows:
 1642  50 percent on or about July 10; 35 percent on or about October
 1643  10; 10 percent on or about January 10; and 5 percent on or about
 1644  June 10. The annual allocation shall be determined as follows:
 1645         (a) The growth allocation for each school district shall be
 1646  calculated as follows:
 1647         1. Subtract from that district’s projected full-time
 1648  equivalent membership of students in basic and special programs
 1649  in grades K-12 used in determining the initial allocation of the
 1650  Florida Education Finance Program, the prior year’s full-time
 1651  equivalent membership of students in basic and special programs
 1652  in grades K-12 for that district.
 1653         2. Multiply any such increase in full-time equivalent
 1654  student membership by the allocation for a set of instructional
 1655  materials, as determined by the department, or as provided for
 1656  in the General Appropriations Act.
 1657         3. The amount thus determined shall be that district’s
 1658  initial allocation for growth for the school year. However, the
 1659  department shall recompute and adjust the initial allocation
 1660  based on actual full-time equivalent student membership data for
 1661  that year.
 1662         (b) The maintenance of the instructional materials
 1663  allocation for each school district shall be calculated by
 1664  multiplying each district’s prior year full-time equivalent
 1665  membership of students in basic and special programs in grades
 1666  K-12 by the allocation for maintenance of a set of instructional
 1667  materials as provided for in the General Appropriations Act. The
 1668  amount thus determined shall be that district’s initial
 1669  allocation for maintenance for the school year; however, the
 1670  department shall recompute and adjust the initial allocation
 1671  based on such actual full-time equivalent student membership
 1672  data for that year.
 1673         (c) In the event the funds appropriated are not sufficient
 1674  for the purpose of implementing this subsection in full, the
 1675  department shall prorate the funds available for instructional
 1676  materials after first funding in full each district’s growth
 1677  allocation.
 1678         Section 27. Section 1011.66, Florida Statutes, is amended
 1679  to read:
 1680         1011.66 Distribution of FEFP funds.—The distribution of
 1681  FEFP funds shall be made in payments on or about the 10th and
 1682  26th of each month. Upon the request of any school district
 1683  whose net state FEFP funding is less than 60 percent of its
 1684  gross state and local FEFP funding, the Department of Education
 1685  shall distribute to that school district in the first quarter of
 1686  the fiscal year an amount from the funds appropriated for the
 1687  FEFP in the General Appropriations Act up to a maximum of 15
 1688  percent of that school district’s gross state and local FEFP
 1689  funding or that school district’s net state FEFP funding,
 1690  whichever is less.
 1691         Section 28. Subsection (2) of section 1011.68, Florida
 1692  Statutes, is amended to read:
 1693         1011.68 Funds for student transportation.—The annual
 1694  allocation to each district for transportation to public school
 1695  programs, including charter schools as provided in s.
 1696  1002.33(17)(b), of students in membership in kindergarten
 1697  through grade 12 and in migrant and exceptional student programs
 1698  below kindergarten shall be determined as follows:
 1699         (2) The allocation for each district shall be calculated
 1700  annually in accordance with the following formula:
 1701         T = B + EX. The elements of this formula are defined as
 1702  follows: T is the total dollar allocation for transportation. B
 1703  is the base transportation dollar allocation prorated by an
 1704  adjusted student membership count. The adjusted membership count
 1705  shall be derived from a multiplicative index function in which
 1706  the base 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. EX is the base transportation
 1710  dollar allocation for disabled students prorated by an adjusted
 1711  disabled student membership count. The base transportation
 1712  dollar allocation for disabled students is the total state base
 1713  disabled student membership count weighted for increased costs
 1714  associated with transporting disabled students and multiplying
 1715  it by an the prior year’s average per student cost for
 1716  transportation as determined by the Legislature. The adjusted
 1717  disabled student membership count shall be derived from a
 1718  multiplicative index function in which the weighted base
 1719  disabled student membership is adjusted by multiplying it by
 1720  index numbers that individually account for the impact of the
 1721  price level index, average bus occupancy, and the extent of
 1722  rural population in the district. Each adjustment factor shall
 1723  be designed to affect the base allocation by no more or less
 1724  than 10 percent.
 1725         Section 29. Paragraph (b) of subsection (3) of section
 1726  1011.71, Florida Statutes, is amended to read:
 1727         1011.71 District school tax.—
 1728         (3)
 1729         (b) In addition to the millage authorized in this section,
 1730  each district school board may, by a super majority vote, levy
 1731  an additional 0.25 mills for critical capital outlay needs or
 1732  for critical operating needs. If levied for capital outlay,
 1733  expenditures shall be subject to the requirements of this
 1734  section. If levied for operations, expenditures shall be
 1735  consistent with the requirements for operating funds received
 1736  pursuant to s. 1011.62. If the district levies this additional
 1737  0.25 mills for operations, the compression adjustment pursuant
 1738  to s. 1011.62(5) shall be calculated and added to the district’s
 1739  FEFP allocation. Millage levied pursuant to this paragraph is
 1740  subject to the provisions of s. 200.065. In order to be
 1741  continued, millage levied pursuant to this paragraph must be
 1742  approved by the voters of the district at the next general
 1743  election.
 1744         Section 30. Subsection (2) of section 1011.73, Florida
 1745  Statutes, is amended to read:
 1746         1011.73 District millage elections.—
 1747         (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district
 1748  school board, pursuant to resolution adopted at a regular
 1749  meeting, shall direct the county commissioners to call an
 1750  election at which the electors within the school district may
 1751  approve an ad valorem tax millage as authorized under s.
 1752  1011.71(9) s. 1011.71(8). Such election may be held at any time,
 1753  except that not more than one such election shall be held during
 1754  any 12-month period. Any millage so authorized shall be levied
 1755  for a period not in excess of 4 years or until changed by
 1756  another millage election, whichever is earlier. If any such
 1757  election is invalidated by a court of competent jurisdiction,
 1758  such invalidated election shall be considered not to have been
 1759  held.
 1760         Section 31. Paragraph (g) of subsection (3) of section
 1761  1012.33, Florida Statutes, is amended to read:
 1762         1012.33 Contracts with instructional staff, supervisors,
 1763  and school principals.—
 1764         (3)
 1765         (g) Beginning July 1, 2001, for each employee who enters
 1766  into a written contract, pursuant to this section, in a school
 1767  district in which the employee was not employed as of June 30,
 1768  2001, or was employed as of June 30, 2001, but has since broken
 1769  employment with that district for 1 school year or more, for
 1770  purposes of pay, a district school board must recognize and
 1771  accept each year of full-time public school teaching service
 1772  earned in the State of Florida for which the employee received a
 1773  satisfactory performance evaluation; however, an employee may
 1774  voluntarily waive this provision. Instructional personnel
 1775  employed pursuant to s. 121.091(9)(b) and (c) are exempt from
 1776  the provisions of this paragraph.
 1777         Section 32. Paragraph (a) of subsection (7) of section
 1778  1012.467, Florida Statutes, is amended to read:
 1779         1012.467 Noninstructional contractors who are permitted
 1780  access to school grounds when students are present; background
 1781  screening requirements.—
 1782         (7)(a) The Department of Law Enforcement shall implement a
 1783  system that allows for the results of a criminal history check
 1784  provided to a school district to be shared with other school
 1785  districts through a secure Internet website or other secure
 1786  electronic means. The Department of Law Enforcement may adopt
 1787  rules under ss. 120.536(1) and 120.54 to implement this
 1788  paragraph. School districts must accept reciprocity of level 2
 1789  screenings for Florida High School Athletic Association
 1790  Officials.
 1791         Section 33. Subsection (1) of section 1012.55, Florida
 1792  Statutes, is amended to read:
 1793         1012.55 Positions for which certificates required.—
 1794         (1) The State Board of Education shall classify school
 1795  services, designate the certification subject areas, establish
 1796  competencies, including the use of technology to enhance student
 1797  learning, and certification requirements for all school-based
 1798  personnel, and adopt rules in accordance with which the
 1799  professional, temporary, and part-time certificates shall be
 1800  issued by the Department of Education to applicants who meet the
 1801  standards prescribed by such rules for their class of service.
 1802  Each person employed or occupying a position as school
 1803  supervisor, school principal, teacher, library media specialist,
 1804  school counselor, athletic coach, or other position in which the
 1805  employee serves in an instructional capacity, in any public
 1806  school of any district of this state shall hold the certificate
 1807  required by law and by rules of the State Board of Education in
 1808  fulfilling the requirements of the law for the type of service
 1809  rendered. Such positions include personnel providing direct
 1810  instruction to students through a virtual environment or through
 1811  a blended virtual and physical environment. The Department of
 1812  Education shall identify appropriate educator certification for
 1813  the instruction of specified courses in an annual publication of
 1814  a directory of course code numbers for all programs and courses
 1815  that are funded through the Florida Education Finance Program.
 1816  However, the state board shall adopt rules authorizing district
 1817  school boards to employ selected noncertificated personnel to
 1818  provide instructional services in the individuals’ fields of
 1819  specialty or to assist instructional staff members as education
 1820  paraprofessionals.
 1821         Section 34. Paragraphs (a) and (d) of subsection (1) of
 1822  section 1013.62, Florida Statutes, are amended to read:
 1823         1013.62 Charter schools capital outlay funding.—
 1824         (1) In each year in which funds are appropriated for
 1825  charter school capital outlay purposes, the Commissioner of
 1826  Education shall allocate the funds among eligible charter
 1827  schools.
 1828         (a) To be eligible for a funding allocation, a charter
 1829  school must:
 1830         1.a. Have been in operation for 3 or more years;
 1831         b. Be governed by a governing board established in the
 1832  state for 3 or more years which operates both charter schools
 1833  and conversion charter schools within the state;
 1834         c. Be an expanded feeder chain of a charter school within
 1835  the same school district that is currently receiving charter
 1836  school capital outlay funds; or
 1837         d. Have been accredited by the Commission on Schools of the
 1838  Southern Association of Colleges and Schools.
 1839         2. Have financial stability for future operation as a
 1840  charter school.
 1841         3. Have satisfactory student achievement based on state
 1842  accountability standards applicable to the charter school.
 1843         4. Have received final approval from its sponsor pursuant
 1844  to s. 1002.33 for operation during that fiscal year.
 1845  5. Serve students in facilities that are not provided by the
 1846  charter school’s sponsor.
 1847         6.Serve students in facilities that are provided by a
 1848  business partner for a charter school-in-the-workplace pursuant
 1849  to s. 1002.33(15)(b).
 1850         (d) A charter school is not eligible for a funding
 1851  allocation if it was created by the conversion of a public
 1852  school and operates in facilities provided by the charter
 1853  school’s sponsor for a nominal fee, or at no charge, or if it is
 1854  directly or indirectly operated by the school district.
 1855         Section 35. Paragraph (a) of subsection (2) of section
 1856  1013.64, Florida Statutes, is amended to read:
 1857         1013.64 Funds for comprehensive educational plant needs;
 1858  construction cost maximums for school district capital
 1859  projects.—Allocations from the Public Education Capital Outlay
 1860  and Debt Service Trust Fund to the various boards for capital
 1861  outlay projects shall be determined as follows:
 1862         (2)(a) The department shall establish, as a part of the
 1863  Public Education Capital Outlay and Debt Service Trust Fund, a
 1864  separate account, in an amount determined by the Legislature, to
 1865  be known as the “Special Facility Construction Account.” The
 1866  Special Facility Construction Account shall be used to provide
 1867  necessary construction funds to school districts which have
 1868  urgent construction needs but which lack sufficient resources at
 1869  present, and cannot reasonably anticipate sufficient resources
 1870  within the period of the next 3 years, for these purposes from
 1871  currently authorized sources of capital outlay revenue. A school
 1872  district requesting funding from the Special Facility
 1873  Construction Account shall submit one specific construction
 1874  project, not to exceed one complete educational plant, to the
 1875  Special Facility Construction Committee. No district shall
 1876  receive funding for more than one approved project in any 5-year
 1877  3-year period. The first year of the 5-year 3-year period shall
 1878  be the first year a district receives an appropriation. The
 1879  department shall encourage a construction program that reduces
 1880  the average size of schools in the district. The request must
 1881  meet the following criteria to be considered by the committee:
 1882         1. The project must be deemed a critical need and must be
 1883  recommended for funding by the Special Facility Construction
 1884  Committee. Prior to developing plans for the proposed facility,
 1885  the district school board must request a preapplication review
 1886  by the Special Facility Construction Committee or a project
 1887  review subcommittee convened by the committee to include two
 1888  representatives of the department and two staff from school
 1889  districts not eligible to participate in the program. Within 60
 1890  days after receiving the preapplication review request, the
 1891  committee or subcommittee must meet in the school district to
 1892  review the project proposal and existing facilities. To
 1893  determine whether the proposed project is a critical need, the
 1894  committee or subcommittee shall consider, at a minimum, the
 1895  capacity of all existing facilities within the district as
 1896  determined by the Florida Inventory of School Houses; the
 1897  district’s pattern of student growth; the district’s existing
 1898  and projected capital outlay full-time equivalent student
 1899  enrollment as determined by the department; the district’s
 1900  existing satisfactory student stations; the use of all existing
 1901  district property and facilities; grade level configurations;
 1902  and any other information that may affect the need for the
 1903  proposed project.
 1904         2. The construction project must be recommended in the most
 1905  recent survey or surveys conducted and approved by the Office of
 1906  Educational Facilities, in cooperation with by the district,
 1907  under the rules of the State Board of Education.
 1908         3. The construction project must appear on the district’s
 1909  approved project priority list under the rules of the State
 1910  Board of Education.
 1911         4. The district must have selected and had approved a site
 1912  for the construction project in compliance with s. 1013.36 and
 1913  the rules of the State Board of Education.
 1914         5. The district shall have developed a district school
 1915  board adopted list of facilities that do not exceed the norm for
 1916  net square feet occupancy requirements under the State
 1917  Requirements for Educational Facilities, using all possible
 1918  programmatic combinations for multiple use of space to obtain
 1919  maximum daily use of all spaces within the facility under
 1920  consideration.
 1921         6. Upon construction, the total cost per student station,
 1922  including change orders, must not exceed the cost per student
 1923  station as provided in subsection (6).
 1924         7. There shall be an agreement signed by the district
 1925  school board stating that it will advertise for bids within 30
 1926  days of receipt of its encumbrance authorization from the
 1927  department.
 1928         8. The district must have levied during the prior 5 years
 1929  and shall, at the time of the request and for a continuing
 1930  period of 3 years, levy the maximum millage against their
 1931  nonexempt assessed property value as allowed in s. 1011.71(2) or
 1932  shall raise an equivalent amount of revenue from the school
 1933  capital outlay surtax authorized under s. 212.055(6). Any
 1934  district with a new or active project, funded under the
 1935  provisions of this subsection, shall be required to budget no
 1936  more than the value of 1.5 mills per year to the project to
 1937  satisfy the annual participation requirement in the Special
 1938  Facility Construction Account.
 1939         9. If a contract has not been signed 90 days after the
 1940  advertising of bids, the funding for the specific project shall
 1941  revert to the Special Facility New Construction Account to be
 1942  reallocated to other projects on the list. However, an
 1943  additional 90 days may be granted by the commissioner.
 1944         10. The department shall certify the inability of the
 1945  district to fund the survey-recommended project over a
 1946  continuous 3-year period using projected capital outlay revenue
 1947  derived from s. 9(d), Art. XII of the State Constitution, as
 1948  amended, paragraph (3)(a) of this section, and s. 1011.71(2).
 1949         11. The district shall have on file with the department an
 1950  adopted resolution acknowledging its 3-year commitment of all
 1951  unencumbered and future revenue acquired from s. 9(d), Art. XII
 1952  of the State Constitution, as amended, paragraph (3)(a) of this
 1953  section, and s. 1011.71(2).
 1954         12. Final phase III plans must be certified by the board as
 1955  complete and in compliance with the building and life safety
 1956  codes, and must be reviewed and approved by the Office of
 1957  Educational Facilities, prior to August 1.
 1958         Section 36. In order to implement Specific Appropriations
 1959  6, 7, 8, 78, and 79 of the General Appropriations Act for the
 1960  2010-2011 fiscal year, the calculations of the Florida Education
 1961  Finance Program for the 2010-2011 fiscal year in the document
 1962  entitled “Public School Funding - The Florida Education Finance
 1963  Program,” dated March 31, 2010, and filed with the Secretary of
 1964  the Senate are incorporated by reference for the purpose of
 1965  displaying the calculations used by the Legislature, consistent
 1966  with requirements of the Florida Statutes, in making
 1967  appropriations for the Florida Education Finance Program.
 1968         Section 37. Except as otherwise expressly provided in this
 1969  act, this act shall take effect July 1, 2010.

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