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       Florida Senate - 2010                                    SB 2312
       By Senator Wilson
       33-01429-10                                           20102312__
    1                        A bill to be entitled                      
    2         An act relating to public school academy programs;
    3         amending s. 1002.20, F.S.; providing that public
    4         school choice options include academy programs in the
    5         school district; deleting reference to the Opportunity
    6         Scholarship Program; amending s. 1002.31, F.S.;
    7         conforming provisions relating to public school
    8         parental choice; creating s. 1002.391, F.S.; requiring
    9         the Department of Education to develop a plan for the
   10         establishment of academy programs in public schools;
   11         providing academy program requirements; providing for
   12         student transfer in certain circumstances; amending s.
   13         1008.33, F.S.; defining the term “school” to include
   14         an academy program for purposes of the State Board of
   15         Education’s authority to enforce public school
   16         improvement; amending s. 1008.34, F.S.; defining the
   17         term “school” to include an academy program for
   18         purposes of determining school grades; amending s.
   19         1008.36, F.S.; authorizing academy programs to
   20         participate in the Florida School Recognition Program;
   21         providing an effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Paragraph (a) of subsection (6) of section
   26  1002.20, Florida Statutes, is amended to read:
   27         1002.20 K-12 student and parent rights.—Parents of public
   28  school students must receive accurate and timely information
   29  regarding their child’s academic progress and must be informed
   30  of ways they can help their child to succeed in school. K-12
   31  students and their parents are afforded numerous statutory
   32  rights including, but not limited to, the following:
   33         (6) EDUCATIONAL CHOICE.—
   34         (a) Public school choices.—Parents of public school
   35  students may seek whatever public school choice options that are
   36  applicable to their students and are available to students in
   37  their school districts. These options may include controlled
   38  open enrollment, single-gender programs, lab schools, school
   39  district virtual instruction programs, charter schools, charter
   40  technical career centers, magnet schools, alternative schools,
   41  special programs, academy programs, advanced placement, dual
   42  enrollment, International Baccalaureate, International General
   43  Certificate of Secondary Education (pre-AICE), Advanced
   44  International Certificate of Education, early admissions, credit
   45  by examination or demonstration of competency, the New World
   46  School of the Arts, the Florida School for the Deaf and the
   47  Blind, and the Florida Virtual School. These options may also
   48  include the public school choice option options of the
   49  Opportunity Scholarship Program and the McKay Scholarships for
   50  Students with Disabilities Program.
   51         Section 2. Subsection (2) of section 1002.31, Florida
   52  Statutes, is amended to read:
   53         1002.31 Public school parental choice.—
   54         (2) Each district school board may offer controlled open
   55  enrollment within the public schools. The controlled open
   56  enrollment program shall be offered in addition to the existing
   57  choice programs such as virtual instruction programs, magnet
   58  schools, alternative schools, special programs, academy
   59  programs, advanced placement, and dual enrollment.
   60         Section 3. Section 1002.391, Florida Statutes, is created
   61  to read:
   62         1002.391 Academy programs in the public schools.—
   63         (1) The Department of Education shall develop by January 1,
   64  2011, a plan for school districts to establish academy programs
   65  in every public school where feasible. Based on the school
   66  within-a-school concept, academy programs shall be multiple
   67  programs within one school facility that allow students to
   68  concentrate on unique and specialized areas of study of their
   69  choosing. The department’s plan shall be based on the following:
   70         (a) Each student in an academy program must take a base of
   71  core-curricula courses in addition to specialized courses unique
   72  to each academy program.
   73         (b) The plan must include a waiver provision for school
   74  districts to continue offering traditional academic programs if
   75  it is not feasible to offer academy programs within individual
   76  schools.
   77         (2)(a) A parent whose child is enrolled in an academy
   78  program shall be able to transfer his or her child to a
   79  different academy program in the school, to an academy program
   80  in another public school in the school district, or to a
   81  traditional academic program in another public school in the
   82  school district if the expectations of the parent or the student
   83  are not met within the school in which the student is enrolled.
   84  Except as provided in paragraph (b), once a student begins the
   85  academic year in an academy program or school, he or she is
   86  required to attend that academy program or school for the
   87  remainder of the academic year.
   88         (b) A parent may apply to transfer his or her child to
   89  another academy program or school in the school district before
   90  the end of the academic year if special circumstances warrant
   91  such action, according to a process developed by the department.
   92         Section 4. Subsection (8) of section 1008.33, Florida
   93  Statutes, is renumbered as subsection (9) and amended, and a new
   94  subsection (8) is added to that section, to read:
   95         1008.33 Authority to enforce public school improvement.—
   96         (8) For purposes of this section, the term “school” means
   97  the school itself or an academy program in a school as described
   98  in s. 1002.391.
   99         (9)(8)By July 1, 2010, The State Board of Education shall
  100  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
  101  this section. The state board shall consult with education
  102  stakeholders in developing the rules.
  103         Section 5. Subsection (2) of section 1008.34, Florida
  104  Statutes, is amended to read:
  105         1008.34 School grading system; school report cards;
  106  district grade.—
  107         (2) SCHOOL GRADES.—The annual report shall identify schools
  108  as having one of the following grades, defined according to
  109  rules of the State Board of Education:
  110         (a) “A,” schools making excellent progress.
  111         (b) “B,” schools making above average progress.
  112         (c) “C,” schools making satisfactory progress.
  113         (d) “D,” schools making less than satisfactory progress.
  114         (e) “F,” schools failing to make adequate progress.
  116  Each school designated with a grade of “A,” making excellent
  117  progress, or having improved at least two grade levels, shall
  118  have greater authority over the allocation of the school’s total
  119  budget generated from the FEFP, state categoricals, lottery
  120  funds, grants, and local funds, as specified in state board
  121  rule. The rule must provide that the increased budget authority
  122  shall remain in effect until the school’s grade declines. For
  123  purposes of this section, the term “school” means the school
  124  itself or an academy program in a school as described in s.
  125  1002.391. Each school and each academy program shall receive a
  126  separate school grade pursuant to this section.
  127         Section 6. Subsection (3) of section 1008.36, Florida
  128  Statutes, is amended to read:
  129         1008.36 Florida School Recognition Program.—
  130         (3) All public schools, including charter schools and
  131  academy programs in public schools, that receive a school grade
  132  pursuant to s. 1008.34 are eligible to participate in the
  133  program.
  135  Notwithstanding statutory provisions to the contrary, incentive
  136  awards are not subject to collective bargaining.
  137         Section 7. This act shall take effect July 1, 2010.

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