CS/CS/CS/HB 1071 full text

1 A bill to be entitled

2 An act relating to education; creating s. 1001.325,

3 F.S.; prohibiting specified educational institutions

4 from expending funds for certain purposes; providing

5 exceptions; requiring the State Board of Education to

6 adopt rules; amending 1001.42, F.S.; revising the

7 requirements for certain district school board

8 procedures to include information about specified

9 virtual instruction rather than the Florida Virtual

10 School; removing certain schools from specified

11 contract restrictions; revising the conditions

12 considered an educational emergency; requiring school

13 districts to provide access to certain virtual

14 instruction programs; amending s. 1001.452, F.S.;

15 deleting certain requirements for the composition of

16 district and school advisory councils; amending s.

17 1002.20, F.S.; authorizing parents to opt students out

18 of instruction in human embryologic and fetal

19 development; revising provisions relating to the use

20 of epinephrine in K-12 public schools to require the

21 use of a United States Food and Drug Administration

22 (FDA)-approved devices; amending s. 1002.32, F.S.;

23 revising admission requirements for lab schools;

24 amending s. 1002.33, F.S.; providing that students may

25 not be dismissed from certain charter schools based on

26 academic performance; amending s. 1002.42, F.S.;

27 revising provisions relating to the use of epinephrine

28 in K-12 private schools to require the use of a FDA-

29 approved devices; providing that certain private

30 schools are considered a permitted use in certain

31 zoning districts; authorizing certain private schools

32 to operate in facilities that meet specified

33 requirements; requiring certain private schools

34 operating in such facilities to meet specified Florida

35 Fire Prevention Code standards; providing that

36 completion of a specified evaluation system with

37 certain ratings by specified persons constitutes

38 evidence of compliance with the Florida Fire

39 Prevention Code for such private schools; authorizing

40 the State Fire Marshal to adopt rules; amending s.

41 1002.421, F.S.; revising which private schools must

42 maintain a physical location in the state; amending s.

43 1002.55, 1002.61, and 1002.63, F.S.; revising the

44 period of time a prekindergarten provider loses

45 eligibility for participation in the Voluntary

46 Prekindergarten Program; amending s. 1002.68, F.S.;

47 removing obsolete language; removing a requirement

48 that the Department of Education confer with a certain

49 council before adopting a specified methodology;

50 revising the period of time a prekindergarten provider

51 loses eligibility for participation in the Voluntary

52 Prekindergarten Program; amending s. 1002.82, F.S.;

53 revising the period of time specified providers are

54 excluded from certain state contracts; amending s.

55 1002.88, F.S.; revising the period of a time school

56 readiness program provider loses eligibility for

57 participation in the school readiness program;

58 amending s. 1002.91, F.S.; revising the period of time

59 early learning coalitions must refrain from working

60 with specified program providers; amending s.

61 1002.945, F.S.; revising the period of time an

62 accrediting association loses eligibility to

63 participate in the Gold Seal Quality Program; revising

64 the Gold Seal Quality Care provider criteria relating

65 to class I violations; deleting an exception; amending

66 s. 1003.25, F.S.; requiring schools to notify school

67 resource officers of specified information upon the

68 enrollment of certain students; authorizing such

69 officers to have access to specified records upon

70 request; amending s. 1003.26, F.S.; authorizing school

71 districts to enforce school attendance strategies

72 earlier than prescribed in law; amending s. 1003.42,

73 F.S.; requiring instruction in human embryologic and

74 fetal development; providing requirements for such

75 instruction; requiring students in specified grades to

76 receive instruction in cursive writing; providing

77 requirements for such instruction; requiring students

78 to demonstrate proficiency in cursive writing by the

79 end of a specified grade; defining the term

80 "proficiency in cursive writing"; authorizing parents

81 to opt students out of the instruction in human

82 embryologic and fetal development; amending s.

83 1003.4201, F.S.; revising the components of specified

84 reading instruction plans; creating s. 1003.4202,

85 F.S.; requiring school districts and charter schools

86 to implement a system of comprehensive mathematics

87 instruction and develop a mathematics instruction

88 plan; authorizing charter schools to use a school

89 district's plan; providing requirements for such plan;

90 requiring such plan to be approved by school districts

91 and charter schools; defining the term "evidence-

92 based"; amending s. 1003.4203, F.S.; requiring certain

93 CAPE Digital Tool certificates to be available to

94 middle grades students; providing a limit on the

95 number of such certificates middle grade students may

96 earn per school year; amending s. 1003.46, F.S.;

97 authorizing parents to opt students out of specified

98 instruction related to health education; amending s.

99 1006.12, F.S.; providing construction relating to the

100 assignment of safe-school officers at public schools;

101 amending s. 1006.20, F.S.; revising the composition of

102 the Florida High School Athletic Association public

103 liaison advisory committee; amending s. 1006.38, F.S.;

104 requiring the department to provide written notice of

105 specified violations to publishers and manufacturers

106 of specified instructional materials; providing

107 requirements such publisher must meet to rectify such

108 violations; authorizing the State Board of Education

109 to take specified actions if such publisher fails to

110 rectify such violations; providing that a decision of

111 the state board constitutes a final agency action;

112 providing that specified appeal procedures apply to

113 such decisions; providing construction; amending s.

114 1008.2125, F.S.; conforming a cross-reference;

115 amending s. 1008.25, F.S.; revising the timeframe for

116 developing an individualized progress monitoring plan

117 for certain students; requiring certain resources to

118 specified students to include information for the New

119 Worlds Reading Initiative; requiring each district

120 school board to annually publish on its website the

121 district's rate of chronic absenteeism for specified

122 grade levels; defining the term "chronic absenteeism";

123 amending s. 1008.33, F.S.; requiring the department to

124 identify school districts in need of improvement;

125 providing criteria for the determination of a school

126 district in need of improvement; requiring such school

127 district to submit a certain district improvement plan

128 to the department; requiring such school district to

129 submit specified documents; authorizing the State

130 Board of Education to take certain actions relating to

131 a school district in need of improvement; amending s.

132 1011.69, F.S.; revising the educational services for

133 which a school district is authorized to withhold

134 specified funding; providing criteria for school

135 districts to withhold such funding; amending s.

136 1012.56, F.S.; revising acceptable means of

137 demonstrating mastery of professional preparation and

138 education competence for educator certification;

139 revising requirements for professional education

140 competency programs; requiring the State Board of

141 Education to adopt rules to determine continued

142 approval of such programs; amending s. 1013.03, F.S.;

143 requiring the department to review and revise

144 specified provisions of the State Requirements for

145 Educational Facilities by a certain date; amending s.

146 1014.05, F.S.; providing that parents have a right to

147 opt children out of receiving specified instruction

148 related to health education; providing an effective

149 date.

151 Be It Enacted by the Legislature of the State of Florida:

153 Section 1. Section 1001.325, Florida Statutes, is created

154 to read:

155 1001.325 K-12 prohibited expenditures.—

156 (1) A public school, including a charter school, school

157 district, charter school administrator, or direct-support

158 organization for any such school or school district may not

159 expend any funds, regardless of source, to purchase membership

160 in, or goods and services from, any organization that

161 discriminates on the basis of race, color, national origin, sex,

162 disability, or religion.

163 (2) A public school, including a charter school, school

164 district, charter school administrator, or direct-support

165 organization for any such school or school district may not

166 expend any state or federal funds to promote, support, or

167 maintain any programs or campus activities that:

168 (a) Violate s. 1000.05; or

169 (b) Advocate for diversity, equity, and inclusion, or

170 promote or engage in political or social activism, as defined by

171 the State Board of Education.

173 Student fees to support student-led organizations are permitted

174 notwithstanding any speech or expressive activity by such

175 organization which would otherwise violate this subsection,

176 provided that the public funds must be allocated to student-led

177 organizations pursuant to written policies or regulations of the

178 public school in which the student is enrolled or the school

179 district, as applicable. Use of school or school district

180 facilities by student-led organizations is permitted

181 notwithstanding any speech or expressive activity by such

182 organizations which would otherwise violate this subsection,

183 provided that such use must be granted to student-led

184 organizations pursuant to written policies or regulations of

185 each school or school district, as applicable.

186 (3) Subsection (2) does not prohibit programs, campus

187 activities, or functions required for compliance with general or

188 federal laws or regulations; for obtaining or retaining

189 accreditation and for continuing to receive state funds with the

190 approval of either the State Board of Education or the

191 Department of Education.

192 (4) The State Board of Education shall adopt rules to

193 implement this section.

194 Section 2. Paragraph (a) of subsection (17) and

195 subsections (21) and (23) of section 1001.42, Florida Statutes,

196 are amended to read:

197 1001.42 Powers and duties of district school board.—The

198 district school board, acting as a board, shall exercise all

199 powers and perform all duties listed below:

200 (17) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT PROGRAM.—

201 (a) Adopt procedures whereby the general public can be

202 adequately informed of the educational programs, needs, and

203 objectives of public education within the district, including

204 educational opportunities available through approved virtual

205 instruction program providers under s. 1002.45 or the school

206 district's virtual instruction program ~~the Florida Virtual~~

207 ~~School.~~

208 (21) EDUCATIONAL EMERGENCY.—To free schools that have ~~with~~

209 a school grade of "D" or "F" or are persistently low-performing

210 schools as described in s. 1002.333 from contract restrictions

211 that limit the school district's ~~school's~~ ability to implement

212 programs and strategies needed to improve student performance, a

213 district school board may adopt salary incentives or other

214 strategies that address the selection, placement, compensation,

215 and expectations of instructional personnel and provide

216 principals with the autonomy described in s. 1012.28(8). For

217 purposes of this subsection, an educational emergency exists in

218 a school district if one or more schools in the district have a

219 school grade of "D" or "F" or are persistently low-performing

220 schools as described in s. 1002.333. ~~"F."~~ Notwithstanding

221 chapter 447, relating to collective bargaining, a district

222 school board may:

223 (a) Provide salary incentives that differentiate based on

224 a teacher's certification, subject area taught, or grade level

225 taught. Such incentives are not subject to collective bargaining

226 requirements.

227 (b) Notwithstanding s. 1012.2315, relating to assignment

228 of teachers, adopt strategies to assign high-quality teachers

229 more equitably across schools in the district to low-performing

230 schools as a management right. Such strategies are not subject

231 to collective bargaining requirements.

232 (23) VIRTUAL INSTRUCTION.—Provide students with access to

233 courses available through the school district's a virtual

234 instruction program option or an approved virtual instruction

235 program provider under s. 1002.45, ~~including the Florida Virtual~~

236 ~~School and other approved providers,~~ and award credit for

237 successful completion of such courses.

238 Section 3. Paragraph (a) of subsection (1) of section

239 1001.452, Florida Statutes, is amended to read:

240 1001.452 District and school advisory councils.—

241 (1) ESTABLISHMENT.—

242 (a) The district school board shall establish an advisory

243 council for each school in the district and shall develop

244 procedures for the election and appointment of advisory council

245 members. Each school advisory council shall include in its name

246 the words "school advisory council." The school advisory council

247 shall be the sole body responsible for final decisionmaking at

248 the school relating to implementation of ss. 1001.42(18) and

249 1008.345. A majority of the members of each school advisory

250 council must be persons who are not employed by the school

251 district. Each advisory council shall be composed of the

252 principal and an appropriately balanced number of teachers,

253 education support employees, students, parents, and other

254 business and community citizens ~~who are representative of the~~

255 ~~ethnic, racial, and economic community served by the school.~~

256 Career center and high school advisory councils shall include

257 students, and middle and junior high school advisory councils

258 may include students. School advisory councils of career centers

259 and adult education centers are not required to include parents

260 as members. Council members representing teachers, education

261 support employees, students, and parents shall be elected by

262 their respective peer groups at the school in a fair and

263 equitable manner as follows:

264 1. Teachers shall be elected by teachers.

265 2. Education support employees shall be elected by

266 education support employees.

267 3. Students shall be elected by students.

268 4. Parents shall be elected by parents.

270 The district school board shall establish procedures to be

271 used by schools in selecting business and community members

272 which include means of ensuring wide notice of vacancies and of

273 taking input on possible members from local business, chambers

274 of commerce, community and civic organizations and groups, and

275 the public at large. The district school board shall review the

276 membership composition of each advisory council. ~~If the district~~

277 ~~school board determines that the membership elected by the~~

278 ~~school is not representative of the ethnic, racial, and economic~~

279 ~~community served by the school, the district school board must~~

280 ~~appoint additional members to achieve proper representation.~~

281 Although schools are strongly encouraged to establish school

282 advisory councils, the district school board of any school

283 district that has a student population of 10,000 or less may

284 establish a district advisory council which includes at least

285 one duly elected teacher from each school in the district. For

286 the purposes of school advisory councils and district advisory

287 councils, the term "teacher" includes classroom teachers,

288 certified student services personnel, and media specialists. For

289 purposes of this paragraph, the term "education support

290 employee" means any person employed by a school who is not

291 defined as instructional or administrative personnel pursuant to

292 s. 1012.01 and whose duties require 20 or more hours in each

293 normal working week.

294 Section 4. Paragraphs (d) and (i) of subsection (3) of

295 section 1002.20, Florida Statutes, are amended to read:

296 1002.20 K-12 student and parent rights.—Parents of public

297 school students must receive accurate and timely information

298 regarding their child's academic progress and must be informed

299 of ways they can help their child to succeed in school. K-12

300 students and their parents are afforded numerous statutory

301 rights including, but not limited to, the following:

302 (3) HEALTH ISSUES.—

303 (d) Reproductive health and disease education.—A public

304 school student whose parent makes written request to the school

305 principal shall be exempted from the teaching of reproductive

306 health, including instruction in human embryologic and fetal

307 development under s. 1003.42(2)(o)6., or any disease, including

308 HIV/AIDS, in accordance with s. 1003.42(5).

309 1. Each school district must ~~shall,~~ on the district's

310 website homepage, notify parents of this right and the process

311 to request an exemption. The homepage must include a link for a

312 student's parent to access and review the instructional

313 materials, as defined in s. 1006.29(2), used to teach the

314 curriculum.

315 2. Each school district shall annually review and confirm

316 that the information provided on the district's website homepage

317 under subparagraph 1. is accurate and up to date and shall

318 notify parents by physical or electronic means any time

319 revisions are made to such information.

320 (i) Epinephrine use and supply.—

321 1. A student who has experienced or is at risk for life-

322 threatening allergic reactions may carry a United States Food

323 and Drug Administration (FDA)-approved an epinephrine delivery

324 device ~~auto-injector~~ and self-administer epinephrine by use of

325 the device ~~auto-injector~~ while in school, participating in

326 school-sponsored activities, or in transit to or from school or

327 school-sponsored activities if the school has been provided with

328 parental and physician authorization. The State Board of

329 Education, in cooperation with the Department of Health, shall

330 adopt rules for such use of FDA-approved epinephrine delivery

331 devices ~~auto-injectors~~ that shall include provisions to protect

332 the safety of all students from the misuse or abuse of FDA-

333 approved delivery devices ~~auto-injectors.~~ A school district,

334 county health department, public-private partner, and their

335 employees and volunteers shall be indemnified by the parent of a

336 student authorized to carry an FDA-approved epinephrine delivery

337 device ~~auto-injector~~ for any and all liability with respect to

338 the student's use of an FDA-approve epinephrine delivery device

339 ~~auto-injector~~ pursuant to this paragraph.

340 2. A public school may purchase a supply of FDA-approved

341 epinephrine delivery devices ~~auto-injectors~~ from a wholesale

342 distributor as defined in s. 499.003 or may enter into an

343 arrangement with a wholesale distributor or manufacturer as

344 defined in s. 499.003 for the FDA-approved epinephrine delivery

345 devices ~~auto-injectors~~ at fair-market, free, or reduced prices

346 for use in the event a student has an anaphylactic reaction. The

347 FDA-approved epinephrine delivery devices ~~auto-injectors~~ must be

348 maintained in a secure location on the public school's premises.

349 The participating school district shall adopt a protocol

350 developed by a licensed physician for the administration by

351 school personnel who are trained to recognize an anaphylactic

352 reaction and to administer an FDA-approved epinephrine delivery

353 device ~~auto-injection.~~ The supply of FDA-approved epinephrine

354 delivery devices ~~auto-injectors~~ may be provided to and used by a

355 student authorized to self-administer epinephrine by such device

356 ~~auto-injector~~ under subparagraph 1. or trained school personnel.

357 3. The school district and its employees, agents, and the

358 physician who provides the standing protocol for school FDA-

359 approved epinephrine delivery devices ~~auto-injectors~~ are not

360 liable for any injury arising from the use of an FDA-approved

361 epinephrine delivery device ~~auto-injector~~ administered by

362 trained school personnel who follow the adopted protocol and

363 whose professional opinion is that the student is having an

364 anaphylactic reaction:

365 a. Unless the trained school personnel's action is willful

366 and wanton;

367 b. Notwithstanding that the parents or guardians of the

368 student to whom the epinephrine is administered have not been

369 provided notice or have not signed a statement acknowledging

370 that the school district is not liable; and

371 c. Regardless of whether authorization has been given by

372 the student's parents or guardians or by the student's

373 physician, physician assistant, or advanced practice registered

374 nurse.

375 Section 5. Subsection (4) of section 1002.32, Florida

376 Statutes, is amended to read:

377 1002.32 Developmental research (laboratory) schools.—

378 (4) STUDENT ADMISSIONS.—Each lab school may establish a

379 primary research objective related to fundamental issues and

380 problems that occur in the public elementary and secondary

381 schools of the state. Admissions criteria should reflect an

382 emphasis on student merit and achievement with no regard to

383 race, sex, creed, color, or national origin. Lab schools may not

384 use racial or sex set-asides, preferences, or quotas in their

385 admissions process. ~~A student population reflective of the~~

386 ~~student population of the public school environment in which the~~

387 ~~issues and problems are most prevalent shall be promoted and~~

388 ~~encouraged through the establishment and implementation of an~~

389 ~~admission process that is designed to result in a representative~~

390 ~~sample of public school enrollment based on gender, race,~~

391 ~~socioeconomic status, and academic ability, notwithstanding the~~

392 ~~provisions of s. 1000.05.~~

393 Section 6. Paragraph (e) of subsection (10) of section

394 1002.33, Florida Statutes, is amended to read:

395 1002.33 Charter schools.—

396 (10) ELIGIBLE STUDENTS.—

397 (e) A charter school may limit the enrollment process only

398 to target the following student populations:

399 1. Students within specific age groups or grade levels.

400 2. Students considered at risk of dropping out of school

401 or academic failure. Such students shall include exceptional

402 education students.

403 3. Students enrolling in a charter school-in-the-workplace

404 or charter school-in-a-municipality established pursuant to

405 subsection (15).

406 4. Students residing within a reasonable distance of the

407 charter school, as described in paragraph (20)(c). Such students

408 shall be subject to a random lottery and to the racial/ethnic

409 balance provisions described in subparagraph (7)(a)8. or any

410 federal provisions that require a school to achieve a

411 racial/ethnic balance reflective of the community it serves or

412 within the racial/ethnic range of other nearby public schools.

413 5. Students who meet reasonable academic, artistic, or

414 other eligibility standards established by the charter school

415 and included in the charter school application and charter or,

416 in the case of existing charter schools, standards that are

417 consistent with the school's mission and purpose. Such standards

418 shall be in accordance with current state law and practice in

419 public schools and may not discriminate against otherwise

420 qualified individuals. A school that limits enrollment for such

421 purposes must place a student on a progress monitoring plan for

422 at least one semester before dismissing such student from the

423 school. A student may not be dismissed based on academic

424 performance while a school is implementing a school improvement

425 plan pursuant to paragraph (9)(n) or corrective action plan

426 pursuant to s. 1002.345.

427 6. Students articulating from one charter school to

428 another pursuant to an articulation agreement between the

429 charter schools that has been approved by the sponsor.

430 7. Students living in a development, or students whose

431 parent or legal guardian maintains a physical or permanent

432 employment presence within the development, in which a

433 developer, including any affiliated business entity or

434 charitable foundation, contributes to the formation,

435 acquisition, construction, or operation of one or more charter

436 schools or charter school facilities and related property in an

437 amount equal to or having a total appraised value of at least $5

438 million to be used as charter schools to mitigate the

439 educational impact created by the development of new residential

440 dwelling units. Students living in the development are entitled

441 to 50 percent of the student stations in the charter schools.

442 The students who are eligible for enrollment are subject to a

443 random lottery, the racial/ethnic balance provisions, or any

444 federal provisions, as described in subparagraph 4. The

445 remainder of the student stations must be filled in accordance

446 with subparagraph 4.

447 8. Students whose parent or legal guardian is employed

448 within a reasonable distance of the charter school, as described

449 in paragraph (20)(c). The students who are eligible for

450 enrollment are subject to a random lottery.

451 Section 7. Subsections (17) and (19) of section 1002.42,

452 Florida Statutes, are amended to read:

453 1002.42 Private schools.—

454 (17) EPINEPHRINE SUPPLY.—

455 (a) A private school may purchase a supply of United

456 States Food and Drug Administration (FDA)-approved epinephrine

457 delivery devices ~~auto-injectors~~ from a wholesale distributor as

458 defined in s. 499.003 or may enter into an arrangement with a

459 wholesale distributor or manufacturer as defined in s. 499.003

460 for the FDA-approved epinephrine delivery devices ~~auto-injectors~~

461 at fair-market, free, or reduced prices for use in the event a

462 student has an anaphylactic reaction. The FDA-approved

463 epinephrine delivery devices ~~auto-injectors~~ must be maintained

464 in a secure location on the private school's premises. The

465 participating private school shall adopt a protocol developed by

466 a licensed physician for the administration by private school

467 personnel who are trained to recognize an anaphylactic reaction

468 and to administer an FDA-approved epinephrine delivery devices

469 ~~auto-injection.~~ The supply of FDA-approved epinephrine delivery

470 devices ~~auto-injectors~~ may be provided to and used by a student

471 authorized to self-administer epinephrine by an FDA-approved

472 delivery device ~~auto-injector~~ under s. 1002.20(3)(i) or trained

473 school personnel.

474 (b) The private school and its employees, agents, and the

475 physician who provides the standing protocol for school FDA-

476 approved epinephrine delivery devices ~~auto-injectors~~ are not

477 liable for any injury arising from the use of an FDA-approved

478 epinephrine delivery device ~~auto-injector~~ administered by

479 trained school personnel who follow the adopted protocol and

480 whose professional opinion is that the student is having an

481 anaphylactic reaction:

482 1. Unless the trained school personnel's action is willful

483 and wanton;

484 2. Notwithstanding that the parents or guardians of the

485 student to whom the epinephrine is administered have not been

486 provided notice or have not signed a statement acknowledging

487 that the school district is not liable; and

488 3. Regardless of whether authorization has been given by

489 the student's parents or guardians or by the student's

490 physician, physician assistant, or advanced practice registered

491 nurse.

492 (19) FACILITIES AND LAND USE.—

493 (a) A private school may use facilities on property owned

494 or leased by a library, community service organization, museum,

495 performing arts venue, theater, cinema, or church facility under

496 s. 170.201, which is or was actively used as such within 5 years

497 of any executed agreement with a private school to use the

498 facilities; any facility or land owned by a Florida College

499 System institution or university; any similar public

500 institutional facilities; and any facility recently used to

501 house a school or child care facility licensed under s. 402.305,

502 under any such facility's preexisting zoning and land use

503 designations without rezoning or obtaining a special exception

504 or a land use change, and without complying with any mitigation

505 requirements or conditions. The facility must be located on

506 property used solely for purposes described in this paragraph,

507 and must meet applicable state and local health, safety, and

508 welfare laws, codes, and rules, including firesafety and

509 building safety.

510 (b) A private school may use facilities on property

511 purchased from a library, community service organization,

512 museum, performing arts venue, theater, cinema, or church

513 facility under s. 170.201, which is actively or was actively

514 used as such within 5 years of any executed agreement with a

515 private school to purchase the facilities; any facility or land

516 owned by a Florida College System institution or university; any

517 similar public institutional facilities; and any facility

518 recently used to house a school or child care facility licensed

519 under s. 402.305, under any such facility's preexisting zoning

520 and land use designations without obtaining a special exception,

521 rezoning, or a land use change, and without complying with any

522 mitigation requirements or conditions. The facility must be

523 located on property used solely for purposes described in this

524 paragraph, and must meet applicable state and local health,

525 safety, and welfare laws, codes, and rules, including firesafety

526 and building safety.

527 (c) A private school located in a county with four

528 incorporated municipalities may construct new facilities, which

529 may be temporary or permanent, on property purchased from or

530 owned or leased by a library, community service organization,

531 museum, performing arts venue, theater, cinema, or church under

532 s. 170.201, which is or was actively used as such within 5 years

533 of any executed agreement with a private school; any land owned

534 by a Florida College System institution or state university; and

535 any land recently used to house a school or child care facility

536 licensed under s. 402.305, under its preexisting zoning and land

537 use designations without rezoning or obtaining a special

538 exception or a land use change, and without complying with any

539 mitigation requirements or conditions. Any new facility must be

540 located on property used solely for purposes described in this

541 paragraph, and must meet applicable state and local health,

542 safety, and welfare laws, codes, and rules, including firesafety

543 and building safety.

544 (d) A private school enrolling 150 or fewer students shall

545 be considered a permitted use in a commercial or mixed-use

546 zoning district within a county or municipality without rezoning

547 or obtaining a special exception or a land use change, and

548 without complying with any mitigation requirements, conditions,

549 performance standards, ordinances, rules, codes, or policies.

550 (e) Notwithstanding any other provision of law, a private

551 school enrolling 150 or fewer students may operate in a facility

552 that is an existing assembly, day care, mercantile, or business

553 occupancy, as defined in the Florida Fire Prevention Code. A

554 private school operating in such a facility must meet the

555 standards for existing educational occupancy requirements under

556 the Florida Fire Prevention Code, adopted by the State Fire

557 Marshal. Completion of the fire safety evaluation system for

558 educational occupancies in NFPA 101A: Guide on Alternative

559 Approaches to Life Safety, adopted by the State Fire Marshal, by

560 a registered design professional licensed under chapter 471 or

561 chapter 481, with a determination of achieving at a minimum an

562 "at least equivalent" conclusion, shall be considered evidence

563 of compliance with the Florida Fire Prevention Code. The State

564 Fire Marshal may adopt rules to implement this paragraph.

565 Section 8. Paragraph (i) of subsection (1) of section

566 1002.421, Florida Statutes, is amended to read:

567 1002.421 State school choice scholarship program

568 accountability and oversight.—

569 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private

570 school participating in an educational scholarship program

571 established pursuant to this chapter must be a private school as

572 defined in s. 1002.01 in this state, be registered, and be in

573 compliance with all requirements of this section in addition to

574 private school requirements outlined in s. 1002.42, specific

575 requirements identified within respective scholarship program

576 laws, and other provisions of Florida law that apply to private

577 schools, and must:

578 (i) Maintain a physical location in the state at which

579 each student has regular and direct contact with teachers.

580 Regular and direct contact with teachers may be satisfied for

581 students enrolled in a personalized education program or for

582 students eligible for a scholarship under s. 1002.394(3)(b) if

583 students have regular and direct contact with teachers at the

584 physical location at least 2 school days per week and the

585 student learning plan addresses the remaining instructional

586 time.

588 The department shall suspend the payment of funds to a private

589 school that knowingly fails to comply with this subsection, and

590 shall prohibit the school from enrolling new scholarship

591 students, for 1 fiscal year and until the school complies. If a

592 private school fails to meet the requirements of this subsection

593 or has consecutive years of material exceptions listed in the

594 report required under paragraph (q), the commissioner may

595 determine that the private school is ineligible to participate

596 in a scholarship program.

597 Section 9. Subsection (6) of section 1002.55, Florida

598 Statutes, is amended to read:

599 1002.55 School-year prekindergarten program delivered by

600 private prekindergarten providers.—

601 (6) Each early learning coalition must verify that each

602 private prekindergarten provider delivering the Voluntary

603 Prekindergarten Education Program within the coalition's county

604 or multicounty region complies with this part. If a private

605 prekindergarten provider fails or refuses to comply with this

606 part or engages in misconduct, the department shall require the

607 early learning coalition to remove the provider from eligibility

608 to deliver the program and receive state funds under this part

609 for a period of ~~at least~~ 2 program years ~~but no more than 5~~

610 ~~years.~~

611 Section 10. Paragraph (b) of subsection (10) of section

612 1002.61, Florida Statutes, is amended to read:

613 1002.61 Summer prekindergarten program delivered by public

614 schools and private prekindergarten providers.—

615 (10)

616 (b) If a private prekindergarten provider or public school

617 fails or refuses to comply with this part or engages in

618 misconduct, the department shall require the early learning

619 coalition to remove the provider and require the school district

620 to remove the school from eligibility to deliver the Voluntary

621 Prekindergarten Education Program and receive state funds under

622 this part for a period of ~~at least~~ 2 program years ~~but no more~~

623 ~~than 5 years.~~

624 Section 11. Paragraph (b) of subsection (9) of section

625 1002.63, Florida Statutes, is amended to read:

626 1002.63 School-year prekindergarten program delivered by

627 public schools.—

628 (9)

629 (b) If a public school fails or refuses to comply with

630 this part or engages in misconduct, the department shall require

631 the school district to remove the school from eligibility to

632 deliver the Voluntary Prekindergarten Education Program and

633 receive state funds under this part for a period of ~~at least~~ 2

634 program years ~~but no more than 5 years.~~

635 Section 12. Subsections (4) through (7) of section

636 1002.68, Florida Statutes, are renumbered as subsections (3)

637 through (6), respectively, and subsection (3), paragraph (e) of

638 present subsection (4), present subsection (5), and paragraph

639 (e) of present subsection (6) are amended, to read:

640 1002.68 Voluntary Prekindergarten Education Program

641 accountability.—

642 ~~(3)(a) For the 2020-2021 program year, the department~~

643 ~~shall calculate a kindergarten readiness rate for each private~~

644 ~~prekindergarten provider and public school participating in the~~

645 ~~Voluntary Prekindergarten Education Program based upon learning~~

646 ~~gains and the percentage of students assessed as ready for~~

647 ~~kindergarten. The department shall require that each school~~

648 ~~district administer the statewide kindergarten screening in use~~

649 ~~before the 2021-2022 school year to each kindergarten student in~~

650 ~~the school district within the first 30 school days of the 2021-~~

651 ~~2022 school year. Private schools may administer the statewide~~

652 ~~kindergarten screening to each kindergarten student in a private~~

653 ~~school who was enrolled in the Voluntary Prekindergarten~~

654 ~~Education Program. Learning gains shall be determined using a~~

655 ~~value-added measure based on growth demonstrated by the results~~

656 ~~of the preassessment and postassessment in use before the 2021-~~

657 ~~2022 program year. However, a provider may not be newly placed~~

658 ~~on probationary status under this paragraph. A provider~~

659 ~~currently on probationary status may only be removed from such~~

660 ~~status if the provider earns the minimum rate, determined~~

661 ~~pursuant to subsection (5). The methodology for calculating a~~

662 ~~provider's readiness rate may not include students who are not~~

663 ~~administered the statewide kindergarten screening.~~

664 ~~(b) For the 2021-2022 program year, kindergarten screening~~

665 ~~results may not be used in the calculation of readiness rates.~~

666 ~~Any private prekindergarten provider or public school~~

667 ~~participating in the Voluntary Prekindergarten Education Program~~

668 ~~which fails to meet the minimum kindergarten readiness rate for~~

669 ~~the 2021-2022 program year is subject to the probation~~

670 ~~requirements of subsection (5).~~

671 (3)(4)

672 (e) Subject to an appropriation, the department shall

673 provide for a differential payment to a private prekindergarten

674 provider and public school based on the provider's designation.

675 The maximum differential payment may not exceed a total of 15

676 percent of the base student allocation per full-time equivalent

677 student under s. 1002.71 attending in the consecutive program

678 year for that program. A private prekindergarten provider or

679 public school may not receive a differential payment if it

680 receives a designation of "proficient" or lower. ~~Before the~~

681 ~~adoption of the methodology, the department shall confer with~~

682 ~~the Council for Early Grade Success under s. 1008.2125 before~~

683 ~~receiving approval from the State Board of Education for the~~

684 ~~final recommendations on the designation system and differential~~

685 ~~payments.~~

686 ~~(4)(a)(5)(a)~~ If a public school's or private

687 prekindergarten provider's program assessment composite score

688 for its prekindergarten classrooms fails to meet the minimum

689 program assessment composite score for contracting adopted in

690 rule by the department, the private prekindergarten provider or

691 public school may not participate in the Voluntary

692 Prekindergarten Education Program beginning in the consecutive

693 program year for a period of 2 program years ~~and thereafter~~

694 ~~until the public school or private prekindergarten provider~~

695 ~~meets the minimum composite score for contracting.~~ A public

696 school or private prekindergarten provider may request one

697 program assessment per program year in order to requalify for

698 participation in the Voluntary Prekindergarten Education

699 Program, provided that the public school or private

700 prekindergarten provider is not excluded from participation

701 under ss. 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), or

702 paragraph (b) ~~(5)(b) of this section.~~ If a public school or

703 private prekindergarten provider would like an additional

704 program assessment completed within the same program year, the

705 public school or private prekindergarten provider shall be

706 responsible for the cost of the program assessment.

707 (b) If a private prekindergarten provider's or public

708 school's performance metric or designation falls below the

709 minimum performance metric or designation, the early learning

710 coalition shall:

711 1. Require the provider or school to submit for approval

712 to the early learning coalition an improvement plan and

713 implement the plan.

714 2. Place the provider or school on probation.

715 3. Require the provider or school to take certain

716 corrective actions, including the use of a curriculum approved

717 by the department under s. 1002.67(2)(c) and a staff development

718 plan approved by the department to strengthen instructional

719 practices in emotional support, classroom organization,

720 instructional support, language development, phonological

721 awareness, alphabet knowledge, and mathematical thinking.

722 (c) A private prekindergarten provider or public school

723 that is placed on probation must continue the corrective actions

724 required under paragraph (b) until the provider or school meets

725 the minimum performance metric or designation adopted by the

726 department. Failure to meet the requirements of subparagraphs

727 (b)1. and 3. shall result in the termination of the provider's

728 or school's contract to deliver the Voluntary Prekindergarten

729 Education Program for a period of ~~at least~~ 2 program years ~~but~~

730 ~~no more than 5 years.~~

731 (d) If a private prekindergarten provider or public school

732 remains on probation for 2 consecutive years and fails to meet

733 the minimum performance metric or designation, or is not granted

734 a good cause exemption by the department, the department shall

735 require the early learning coalition to revoke the provider's

736 eligibility and the school district to revoke the school's

737 eligibility to deliver the Voluntary Prekindergarten Education

738 Program and receive state funds for the program for a period of

739 ~~at least~~ 2 program years ~~but no more than 5 years.~~

740 (5)(6)

741 (e) A private prekindergarten provider or public school

742 granted a good cause exemption shall continue to implement its

743 improvement plan and continue the corrective actions required

744 under paragraph (4)(b) ~~(5)(b)~~ until the provider or school meets

745 the minimum performance metric.

746 Section 13. Paragraph (m) of subsection (2) of section

747 1002.82, Florida Statutes, is amended to read:

748 1002.82 Department of Education; powers and duties.—

749 (2) The department shall:

750 (m) Provide technical support to an early learning

751 coalition to facilitate the use of a standard statewide provider

752 contract adopted by the department to be used with each school

753 readiness program provider, with standardized attachments by

754 provider type. The department shall publish a copy of the

755 standard statewide provider contract on its website. The

756 standard statewide contract shall include, at a minimum,

757 contracted slots, if applicable, in accordance with the Child

758 Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98

759 and 99; quality improvement strategies, if applicable; program

760 assessment requirements; and provisions for provider probation,

761 termination for cause, and emergency termination for those

762 actions or inactions of a provider that pose an immediate and

763 serious danger to the health, safety, or welfare of the

764 children. The standard statewide provider contract shall also

765 include appropriate due process procedures. During the pendency

766 of an appeal of a termination, the provider may not continue to

767 offer its services. Any provision imposed upon a provider that

768 is inconsistent with, or prohibited by, law is void and

769 unenforceable. Provisions for termination for cause must also

770 include failure to meet the minimum quality measures established

771 under paragraph (n) for a period of 2 ~~up to 5~~ years, unless the

772 coalition determines that the provider is essential to meeting

773 capacity needs based on the assessment under s. 1002.85(2)(i)

774 and the provider has an active improvement plan pursuant to

775 paragraph (n).

776 Section 14. Paragraph (a) of subsection (2) of section

777 1002.88, Florida Statutes, is amended to read:

778 1002.88 School readiness program provider standards;

779 eligibility to deliver the school readiness program.—

780 (2)(a) If a school readiness program provider fails or

781 refuses to comply with this part or any contractual obligation

782 of the statewide provider contract under s. 1002.82(2)(m), the

783 coalition may revoke the provider's eligibility to deliver the

784 school readiness program or receive state or federal funds under

785 this chapter for a period of 2 5 years.

786 Section 15. Subsection (5) of section 1002.91, Florida

787 Statutes, is amended to read:

788 1002.91 Investigations of fraud or overpayment;

789 penalties.—

790 (5) If a school readiness program provider or a Voluntary

791 Prekindergarten Education Program provider, or an owner,

792 officer, or director thereof, is convicted of, found guilty of,

793 or pleads guilty or nolo contendere to, regardless of

794 adjudication, public assistance fraud pursuant to s. 414.39, or

795 is acting as the beneficial owner for someone who has been

796 convicted of, found guilty of, or pleads guilty or nolo

797 contendere to, regardless of adjudication, public assistance

798 fraud pursuant to s. 414.39, the early learning coalition shall

799 refrain from contracting with, or using the services of, that

800 provider for a period of 2 fiscal 5 years. In addition, the

801 coalition shall refrain from contracting with, or using the

802 services of, any provider that shares an officer or director

803 with a provider that is convicted of, found guilty of, or pleads

804 guilty or nolo contendere to, regardless of adjudication, public

805 assistance fraud pursuant to s. 414.39 for a period of 2 5

806 years.

807 Section 16. Paragraph (b) of subsection (3) and paragraphs

808 (a) and (d) of subsection (4) of section 1002.945, Florida

809 Statutes, are amended to read:

810 1002.945 Gold Seal Quality Care Program.—

811 (3)

812 (b) The Department of Education shall establish a process

813 that verifies that the accrediting association meets the

814 provisions of paragraph (a), which must include an auditing

815 program and any other procedures that may reasonably determine

816 an accrediting association's compliance with this section. If an

817 accrediting association is not in compliance and fails to cure

818 its deficiencies within 30 days, the department shall recommend

819 to the state board termination of the accrediting association's

820 participation as an accrediting association in the program for a

821 period of ~~at least~~ 2 years ~~but no more than 5 years.~~ If an

822 accrediting association is removed from being an approved

823 accrediting association, each child care provider accredited by

824 that association shall have up to 1 year to obtain a new

825 accreditation from a department-approved accreditation

826 association.

827 (4) In order to obtain and maintain a designation as a

828 Gold Seal Quality Care provider, a child care facility, large

829 family child care home, or family day care home must meet the

830 following additional criteria:

831 (a) The child care provider must not have had any class I

832 violations, as defined by rule of the Department of Children and

833 Families, for which the Department of Children and Families

834 determines that the child care provider is the primary cause of

835 the violation within the 2 years preceding its application for

836 designation as a Gold Seal Quality Care provider. Commission of

837 a class I violation for which the Department of Children and

838 Families determines that the child care provider is the primary

839 cause of the violation shall be grounds for termination of the

840 designation as a Gold Seal Quality Care provider until the

841 provider has no class I violations for a period of 2 years.

842 ~~(d) Notwithstanding paragraph (a), if the Department of~~

843 ~~Education determines through a formal process that a provider~~

844 ~~has been in business for at least 5 years and has no other class~~

845 ~~I violations recorded, the department may recommend to the state~~

846 ~~board that the provider maintain its Gold Seal Quality Care~~

847 ~~status. The state board's determination regarding such~~

848 ~~provider's status is final.~~

849 Section 17. Subsection (2) of section 1003.25, Florida

850 Statutes, is amended to read:

851 1003.25 Procedures for maintenance and transfer of student

852 records.—

853 (2) The procedure for transferring and maintaining records

854 of students who transfer from school to school is prescribed by

855 rules of the State Board of Education. The transfer of records

856 must occur within 5 school days. The records must include, if

857 applicable:

858 (a) Verified reports of serious or recurrent behavior

859 patterns, including any threat assessment report, all

860 corresponding documentation, and any other information required

861 by the Florida-specific behavioral threat assessment instrument

862 pursuant to s. 1001.212(11) which contains the evaluation,

863 intervention, and management of the threat assessment

864 evaluations and intervention services. Upon enrollment of the

865 student, the school resource officer shall be notified and

866 provided access to such records upon request.

867 (b) Psychological evaluations, including therapeutic

868 treatment plans and therapy or progress notes created or

869 maintained by school district or charter school staff, as

870 appropriate.

871 Section 18. Subsection (6) is added to section 1003.26,

872 Florida Statutes, to read:

873 1003.26 Enforcement of school attendance.—The Legislature

874 finds that poor academic performance is associated with

875 nonattendance and that school districts must take an active role

876 in promoting and enforcing attendance as a means of improving

877 student performance. It is the policy of the state that each

878 district school superintendent be responsible for enforcing

879 school attendance of all students subject to the compulsory

880 school age in the school district and supporting enforcement of

881 school attendance by local law enforcement agencies. The

882 responsibility includes recommending policies and procedures to

883 the district school board that require public schools to respond

884 in a timely manner to every unexcused absence, and every absence

885 for which the reason is unknown, of students enrolled in the

886 schools. District school board policies shall require the parent

887 of a student to justify each absence of the student, and that

888 justification will be evaluated based on adopted district school

889 board policies that define excused and unexcused absences. The

890 policies must provide that public schools track excused and

891 unexcused absences and contact the home in the case of an

892 unexcused absence from school, or an absence from school for

893 which the reason is unknown, to prevent the development of

894 patterns of nonattendance. The Legislature finds that early

895 intervention in school attendance is the most effective way of

896 producing good attendance habits that will lead to improved

897 student learning and achievement. Each public school is required

898 to implement the following steps to promote and enforce regular

899 school attendance:

900 (6) Nothing in this subsection prohibits a school district

901 from addressing patterns of nonattendance earlier than

902 prescribed in this section.

903 Section 19. Paragraph (o) of subsection (2) and subsection

904 (5) of section 1003.42, Florida Statutes, are amended, and

905 paragraph (w) is added to subsection (2) of that section, to

906 read:

907 1003.42 Required instruction.—

908 (2) Members of the instructional staff of the public

909 schools, subject to the rules of the State Board of Education

910 and the district school board, shall teach efficiently and

911 faithfully, using the books and materials required that meet the

912 highest standards for professionalism and historical accuracy,

913 following the prescribed courses of study, and employing

914 approved methods of instruction, the following:

915 (o) Comprehensive age-appropriate and developmentally

916 appropriate K-12 instruction on:

917 1. Health education that addresses concepts of community

918 health, consumer health, environmental health, and family life,

919 including:

920 a. Injury prevention and safety.

921 b. Internet safety.

922 c. Nutrition.

923 d. Personal health.

924 e. Prevention and control of disease.

925 f. Substance use and abuse.

926 g. Prevention of child sexual abuse, exploitation, and

927 human trafficking.

928 h. Human embryologic and fetal development.

929 2. For students in grades 7 through 12, teen dating

930 violence and abuse. This component must include, but not be

931 limited to, the definition of dating violence and abuse, the

932 warning signs of dating violence and abusive behavior, the

933 characteristics of healthy relationships, measures to prevent

934 and stop dating violence and abuse, and community resources

935 available to victims of dating violence and abuse.

936 3. For students in grades 6 through 12, awareness of the

937 benefits of sexual abstinence as the expected standard and the

938 consequences of teenage pregnancy.

939 4. Life skills that build confidence, support mental and

940 emotional health, and enable students to overcome challenges,

941 including:

942 a. Self-awareness and self-management.

943 b. Responsible decisionmaking.

944 c. Resiliency.

945 d. Relationship skills and conflict resolution.

946 e. Understanding and respecting other viewpoints and

947 backgrounds.

948 f. For grades 9 through 12, developing leadership skills,

949 interpersonal skills, organization skills, and research skills;

950 creating a résumé, including a digital résumé; exploring career

951 pathways; using state career planning resources; developing and

952 practicing the skills necessary for employment interviews;

953 workplace ethics and workplace law; managing stress and

954 expectations; and self-motivation.

955 5.a. For students in grades 6 through 12, the social,

956 emotional, and physical effects of social media. This component

957 must include, but need not be limited to, the negative effects

958 of social media on mental health, including addiction; the

959 distribution of misinformation on social media; how social media

960 manipulates behavior; the permanency of sharing materials

961 online; how to maintain personal security and identify

962 cyberbullying, predatory behavior, and human trafficking on the

963 Internet; and how to report suspicious behavior encountered on

964 the Internet.

965 b. The Department of Education shall make available online

966 the instructional material being used pursuant to this

967 subparagraph, and each district school board shall notify

968 parents of its availability.

969 6.a. For students in grades 6 through 12, health education

970 addressing human embryologic and fetal development must include

971 all of the following:

972 (I) A high-definition, medically accurate ultrasound

973 video, at least 1 minute in duration, showing the development of

974 the heart and other organs and movement of the limbs and head.

975 (II) A high-quality, medically accurate, computer-

976 generated rendering, animation, video, or other multimedia, at

977 least 3 minutes in duration, showing and describing the process

978 of fertilization and various stages of human development inside

979 the uterus, noting significant markers in cell growth and organ

980 development by week from conception until birth.

981 b. The State Board of Education may adopt rules to

982 implement this subparagraph.

984 Health education and life skills instruction and materials may

985 not contradict the principles enumerated in subsection (3).

986 (w)1. For students in grades 2 through 5, the study of

987 cursive writing and the development of the skills necessary for

988 legible cursive writing, including:

989 a. Letter formation.

990 b. Proper spacing and alignment.

991 c. Practice in writing complete words and sentences in

992 cursive.

993 2. By the end of grade 5, each student must demonstrate

994 proficiency in cursive writing through an evaluation of written

995 work. For purposes of this subparagraph, the term "proficiency

996 in cursive writing" means all of the following:

997 a. The ability to write uppercase and lowercase letters of

998 the alphabet in cursive writing.

999 b. Writing words and sentences in cursive legibly and

1000 maintaining proper spacing and alignment.

1001 c. The ability to read and apply cursive writing in a

1002 manner that supports literacy development, including writing

1003 essays and assignments in cursive writing in accordance with

1004 state academic standards.

1006 The State Board of Education is encouraged to adopt standards

1007 and pursue assessment of the requirements of this subsection.

1008 Instructional programming that incorporates the values of the

1009 recipients of the Congressional Medal of Honor and that is

1010 offered as part of a social studies, English Language Arts, or

1011 other schoolwide character building and veteran awareness

1012 initiative meets the requirements of paragraph (u).

1013 (5) Each school shall provide a notification to parents

1014 relating to a parent's right to make a ~~Any student whose parent~~

1015 ~~makes~~ written request to the school principal for his or her

1016 student to ~~shall~~ be exempted from the teaching of reproductive

1017 health or any disease, including HIV/AIDS, its symptoms,

1018 development, and treatment or the teaching of human embryologic

1019 and fetal development under subparagraph (o)6. A student so

1020 exempted may not be penalized by reason of that exemption.

1021 Course descriptions for comprehensive health education may ~~shall~~

1022 not interfere with the local determination of appropriate

1023 curriculum which reflects local values and concerns. Each school

1024 district shall, on the district's website homepage, notify

1025 parents of this right and the process to request an exemption.

1026 The home page must include a link for a student's parent to

1027 access and review the instructional materials, as defined in s.

1028 1006.29(2), used to teach the curriculum.

1029 Section 20. Paragraph (a) of subsection (2) of section

1030 1003.4201, Florida Statutes, is amended to read:

1031 1003.4201 Comprehensive system of reading instruction.—

1032 Each school district must implement a system of comprehensive

1033 reading instruction for students enrolled in prekindergarten

1034 through grade 12 and certain students who exhibit a substantial

1035 deficiency in early literacy.

1036 (2)(a) Components of the reading instruction plan may

1037 include the following:

1038 1. Additional time per day of evidence-based intensive

1039 reading instruction for kindergarten through grade 12 students,

1040 which may be delivered during or outside of the regular school

1041 day.

1042 2. A description of how highly qualified reading coaches,

1043 who must be endorsed in reading, will be deployed to

1044 specifically support classroom teachers in making instructional

1045 decisions based on progress monitoring data collected pursuant

1046 to s. 1008.25(9) and improve classroom teacher delivery of

1047 effective reading instruction, reading intervention, and reading

1048 in the content areas based on student need.

1049 3. Professional learning to help instructional personnel

1050 and certified prekindergarten teachers funded in the Florida

1051 Education Finance Program earn a certification, a credential, an

1052 endorsement, or an advanced degree in scientifically researched

1053 and evidence-based reading instruction.

1054 4. Summer reading camps, using only classroom teachers or

1055 other district personnel who possess a micro-credential as

1056 specified in s. 1003.485 or are certified or endorsed in reading

1057 consistent with s. 1008.25(8)(b)3., for all students in

1058 kindergarten through grade 5 exhibiting a reading deficiency as

1059 determined by district and state assessments.

1060 5. Intensive reading interventions, which must be

1061 delivered by instructional personnel who possess a micro-

1062 credential as defined in s. 1003.485(1) or are certified or

1063 endorsed in reading as provided in s. 1012.586 and must

1064 incorporate evidence-based strategies identified by the Just

1065 Read, Florida! office pursuant to s. 1001.215(7). Instructional

1066 personnel who possess a micro-credential as defined in s.

1067 1003.485(1) and are delivering intensive reading interventions

1068 must be supervised by an individual certified or endorsed in

1069 reading. For the purposes of this subparagraph, the term

1070 "supervised" means that instructional personnel with a micro-

1071 credential are able, through telecommunication or in person, to

1072 communicate and consult with, and receive direction from,

1073 certified or endorsed personnel. Incentives for instructional

1074 personnel and certified prekindergarten teachers funded in the

1075 Florida Education Finance Program who possess a reading

1076 certification or endorsement as specified in s. 1012.586 or

1077 micro-credential as specified in s. 1003.485 and provide

1078 educational support to improve student literacy.

1079 6. Tutoring in reading.

1080 7. A description of how the district prioritizes the

1081 assignment of highly effective teachers, as identified in s.

1082 1012.34(2)(e), from kindergarten to grade 2.

1083 8. Providing resources that support informed parent

1084 involvement in decisionmaking processes for students who have

1085 difficulty in reading and for parents of students who are

1086 reading below grade level, information about the students'

1087 eligibility for the New Worlds Reading Initiative under s.

1088 1003.485.

1089 Section 21. Section 1003.4202, Florida Statutes, is

1090 created to read:

1091 1003.4202 Comprehensive system of mathematics

1092 instruction.—Each school district must implement a system of

1093 comprehensive mathematics instruction for students enrolled in

1094 prekindergarten through grade 12 and certain students who

1095 exhibit a substantial deficiency in early mathematics skills

1096 under s. 1008.25(6).

1097 (1) Each school district must develop, and submit to the

1098 district school board for approval, a detailed mathematics

1099 instruction plan that outlines the components of the district's

1100 comprehensive system of mathematics instruction. The plan must

1101 include all district schools, including charter schools, unless

1102 a charter school elects to submit a plan independently from the

1103 school district. A charter school plan must comply with all of

1104 the provisions of this section and must be approved by the

1105 charter school's governing body and provided to the charter

1106 school's sponsor.

1107 (2) Components of the mathematics instruction plan may

1108 include the following:

1109 (a) Additional time per day of evidence-based intensive

1110 mathematics instruction for kindergarten through grade 12

1111 students, which may be delivered during or outside of the

1112 regular school day.

1113 (b) Employing highly qualified mathematics coaches to

1114 specifically support classroom teachers in making instructional

1115 decisions based on progress monitoring data collected pursuant

1116 to s. 1008.25(9) and improve classroom teacher delivery of

1117 effective mathematics instruction and mathematics intervention.

1118 The coaches must:

1119 1. Hold either a grades 5 through 9 mathematics

1120 certification or a grades 6 through 12 mathematics certification

1121 that aligns with the certification requirements for the courses

1122 of the teachers they support.

1123 2. Have earned a highly effective rating on the 3 prior

1124 years' performance evaluation under s. 1012.34.

1125 (c) Tutoring in mathematics.

1126 (3) Each school district shall submit its approved

1127 mathematics instruction plan, including approved mathematics

1128 instruction plans for each charter school in the district, to

1129 the school board and, if applicable, any charter school

1130 governing board by August 1 of each fiscal year.

1131 (4) For purposes of this section, the term "evidence-

1132 based" means demonstrating a statistically significant effect on

1133 improving student outcomes or other relevant outcomes as

1134 provided in 20 U.S.C. s. 8101(21)(A)(i).

1135 Section 22. Subsection (2) of section 1003.4203, Florida

1136 Statutes, is amended to read:

1137 1003.4203 Digital materials, CAPE Digital Tool

1138 certificates, CAPE industry certifications, and technical

1139 assistance.—

1140 (2) CAPE DIGITAL TOOL CERTIFICATES.—The department shall

1141 identify, in the CAPE Industry Certification Funding List under

1142 ss. 1003.492 and 1008.44, CAPE Digital Tool certificates that

1143 indicate a student's digital skills. The department shall notify

1144 each school district when the certificates are available. The

1145 certificates shall be made available to all public elementary

1146 and middle grades students. Targeted skills to be mastered for

1147 the certificate include digital skills that are necessary to the

1148 student's academic work and skills the student may need in

1149 future employment. CAPE Digital Tool certificates earned by

1150 students are eligible for additional funding pursuant to s.

1151 1011.62(17). Middle grade students may not earn more than two

1152 CAPE Digital Tools certificates per school year.

1153 Section 23. Subsection (1) of section 1003.46, Florida

1154 Statutes, is amended to read:

1155 1003.46 Health education; instruction in acquired immune

1156 deficiency syndrome.—

1157 (1) Each district school board may provide instruction in

1158 acquired immune deficiency syndrome education as a specific area

1159 of health education. Such instruction may include, but is not

1160 limited to, the known modes of transmission, signs and symptoms,

1161 risk factors associated with acquired immune deficiency

1162 syndrome, and means used to control the spread of acquired

1163 immune deficiency syndrome. The instruction shall be appropriate

1164 for the grade and age of the student and shall reflect current

1165 theory, knowledge, and practice regarding acquired immune

1166 deficiency syndrome and its prevention. The parent of a student

1167 may make a written request for his or her student to be exempted

1168 from such instruction.

1169 Section 24. Section 1006.12, Florida Statutes, is amended

1170 to read:

1171 1006.12 Safe-school officers at each public school.—For

1172 the protection and safety of school personnel, property,

1173 students, and visitors, each district school board and school

1174 district superintendent shall partner with law enforcement

1175 agencies or security agencies to establish or assign one or more

1176 safe-school officers at each school facility within the

1177 district, including charter schools. A district school board

1178 must collaborate with charter school governing boards to

1179 facilitate charter school access to all safe-school officer

1180 options available under this section. Notwithstanding any local

1181 ordinance or development order, the school district or charter

1182 school may implement any combination of the options in

1183 subsections (1)-(4) to best meet the needs of the school

1184 district and charter schools.

1185 (1) SCHOOL RESOURCE OFFICER.—A school district may

1186 establish school resource officer programs through a cooperative

1187 agreement with law enforcement agencies.

1188 (a) School resource officers shall undergo criminal

1189 background checks, drug testing, and a psychological evaluation

1190 and be certified law enforcement officers, as defined in s.

1191 943.10(1), who are employed by a law enforcement agency as

1192 defined in s. 943.10(4). The powers and duties of a law

1193 enforcement officer shall continue throughout the employee's

1194 tenure as a school resource officer.

1195 (b) School resource officers shall abide by district

1196 school board policies and shall consult with and coordinate

1197 activities through the school principal, but shall be

1198 responsible to the law enforcement agency in all matters

1199 relating to employment, subject to agreements between a district

1200 school board and a law enforcement agency. The agreements shall

1201 identify the entity responsible for maintaining records relating

1202 to training. Activities conducted by the school resource officer

1203 which are part of the regular instructional program of the

1204 school shall be under the direction of the school principal.

1205 (2) SCHOOL SAFETY OFFICER.—A school district may

1206 commission one or more school safety officers for the protection

1207 and safety of school personnel, property, and students within

1208 the school district. The district school superintendent may

1209 recommend, and the district school board may appoint, one or

1210 more school safety officers.

1211 (a) School safety officers shall undergo criminal

1212 background checks, drug testing, and a psychological evaluation

1213 and be law enforcement officers, as defined in s. 943.10(1),

1214 certified under chapter 943 and employed by either a law

1215 enforcement agency or by the district school board. If the

1216 officer is employed by the district school board, the district

1217 school board is the employing agency for purposes of chapter

1218 943, and must comply with that chapter.

1219 (b) A school safety officer has and shall exercise the

1220 power to make arrests for violations of law on district school

1221 board property or on property owned or leased by a charter

1222 school under a charter contract, as applicable, and to arrest

1223 persons, whether on or off such property, who violate any law on

1224 such property under the same conditions that deputy sheriffs are

1225 authorized to make arrests. A school safety officer has the

1226 authority to carry weapons when performing his or her official

1227 duties.

1228 (c) School safety officers must complete mental health

1229 crisis intervention training using a curriculum developed by a

1230 national organization with expertise in mental health crisis

1231 intervention. The training shall improve officers' knowledge and

1232 skills as first responders to incidents involving students with

1233 emotional disturbance or mental illness, including de-escalation

1234 skills to ensure student and officer safety.

1235 (d) A district school board may enter into mutual aid

1236 agreements with one or more law enforcement agencies as provided

1237 in chapter 23. A school safety officer's salary may be paid

1238 jointly by the district school board and the law enforcement

1239 agency, as mutually agreed to.

1240 (3) SCHOOL GUARDIAN.—

1241 (a) At the school district's or the charter school

1242 governing board's discretion, as applicable, pursuant to s.

1243 30.15, a school district or charter school governing board may

1244 participate in the Chris Hixon, Coach Aaron Feis, and Coach

1245 Scott Beigel Guardian Program to meet the requirement of

1246 establishing a safe-school officer. The following individuals

1247 may serve as a school guardian, in support of school-sanctioned

1248 activities for purposes of s. 790.115, upon satisfactory

1249 completion of the requirements under s. 30.15(1)(k) and

1250 certification by a sheriff:

1251 1. A school district employee or personnel, as defined

1252 under s. 1012.01, or a charter school employee, as provided

1253 under s. 1002.33(12)(a), who volunteers to serve as a school

1254 guardian in addition to his or her official job duties; or

1255 2. An employee of a school district or a charter school

1256 who is hired for the specific purpose of serving as a school

1257 guardian.

1258 (b) Before appointing an individual as a school guardian,

1259 the school district or charter school shall contact the

1260 Department of Law Enforcement and review all information

1261 maintained under s. 30.15(1)(k)3.c. related to the individual.

1262 (c) The department shall provide to the Department of Law

1263 Enforcement any information relating to a school guardian

1264 received pursuant to subsection (5).

1265 (4) SCHOOL SECURITY GUARD.—A school district or charter

1266 school governing board may contract with a security agency as

1267 defined in s. 493.6101(18) to employ as a school security guard

1268 an individual who holds a Class "D" and Class "G" license

1269 pursuant to chapter 493, provided the following training and

1270 contractual conditions are met:

1271 (a) An individual who serves as a school security guard,

1272 for purposes of satisfying the requirements of this section,

1273 must:

1274 1. Demonstrate completion of 144 hours of required

1275 training conducted by a sheriff pursuant to s. 30.15(1)(k)2.

1276 2. Pass a psychological evaluation administered by a

1277 psychologist licensed under chapter 490 and designated by the

1278 Department of Law Enforcement and submit the results of the

1279 evaluation to the sheriff's office and school district, charter

1280 school governing board, or employing security agency, as

1281 applicable. The Department of Law Enforcement is authorized to

1282 provide the sheriff's office, school district, charter school

1283 governing board, or employing security agency with mental health

1284 and substance abuse data for compliance with this paragraph.

1285 3. Submit to and pass an initial drug test and subsequent

1286 random drug tests in accordance with the requirements of s.

1287 112.0455 and the sheriff's office, school district, charter

1288 school governing board, or employing security agency, as

1289 applicable.

1290 4. Be approved to work as a school security guard by the

1291 sheriff of each county in which the school security guard will

1292 be assigned to a school before commencing work at any school in

1293 that county. The sheriff's approval authorizes the security

1294 agency to assign the school security guard to any school in the

1295 county, and the sheriff's approval is not limited to any

1296 particular school.

1297 5. Successfully complete ongoing training, weapon

1298 inspection, and firearm qualification conducted by a sheriff

1299 pursuant to s. 30.15(1)(k)2.e. on at least an annual basis and

1300 provide documentation to the sheriff's office, school district,

1301 charter school governing board, or employing security agency, as

1302 applicable.

1303 (b) The contract between a security agency and a school

1304 district or a charter school governing board regarding

1305 requirements applicable to school security guards serving in the

1306 capacity of a safe-school officer for purposes of satisfying the

1307 requirements of this section shall define the entity or entities

1308 responsible for maintaining records relating to training,

1309 inspection, and firearm qualification.

1310 (c) School security guards serving in the capacity of a

1311 safe-school officer pursuant to this subsection are in support

1312 of school-sanctioned activities for purposes of s. 790.115, and

1313 must aid in the prevention or abatement of active assailant

1314 incidents on school premises.

1315 (d) The Office of Safe Schools shall provide the

1316 Department of Law Enforcement any information related to a

1317 school security guard that the office receives pursuant to

1318 subsection (5).

1319 (5) NOTIFICATION.—The district school superintendent or

1320 charter school administrator, or a respective designee shall

1321 notify the county sheriff and the Office of Safe Schools

1322 immediately after, but no later than 72 hours after:

1323 (a) A safe-school officer is dismissed for misconduct or

1324 is otherwise disciplined.

1325 (b) A safe-school officer discharges his or her firearm in

1326 the exercise of the safe-school officer's duties, other than for

1327 training purposes.

1328 (6) CRISIS INTERVENTION TRAINING.—Each safe-school officer

1329 who is also a sworn law enforcement officer shall complete

1330 mental health crisis intervention training using a curriculum

1331 developed by a national organization with expertise in mental

1332 health crisis intervention. The training must improve the

1333 officer's knowledge and skills as a first responder to incidents

1334 involving students with emotional disturbance or mental illness,

1335 including de-escalation skills to ensure student and officer

1336 safety.

1337 (7) LIMITATIONS.—An individual must satisfy the background

1338 screening, psychological evaluation, and drug test requirements

1339 and be approved by the sheriff before participating in any

1340 training required by s. 30.15(1)(k), which may be conducted only

1341 by a sheriff.

1342 (8) EXEMPTION.—Any information that would identify whether

1343 a particular individual has been appointed as a safe-school

1344 officer pursuant to this section held by a law enforcement

1345 agency, school district, or charter school is exempt from s.

1346 119.07(1) and s. 24(a), Art. I of the State Constitution.

1348 If a district school board, through its adopted policies,

1349 procedures, or actions, denies a charter school access to any

1350 safe-school officer options pursuant to this section, the school

1351 district must assign a school resource officer or school safety

1352 officer to the charter school. Under such circumstances, the

1353 charter school's share of the costs of the school resource

1354 officer or school safety officer may not exceed the safe school

1355 allocation funds provided to the charter school pursuant to s.

1356 1011.62(12) and shall be retained by the school district.

1357 Section 25. Paragraph (a) of subsection (6) of section

1358 1006.20, Florida Statutes, is amended to read:

1359 1006.20 Athletics in public K-12 schools.—

1360 (6) PUBLIC LIAISON ADVISORY COMMITTEE.—

1361 (a) The FHSAA shall establish, sustain, fund, and provide

1362 staff support to a public liaison advisory committee composed of

1363 the following:

1364 1. The commissioner or his or her designee.

1365 2. A member public school principal.

1366 3. A member private school principal.

1367 4. A member school principal who is a former high school

1368 athlete or high school coach ~~member of a racial minority.~~

1369 5. An active athletic director.

1370 6. An active coach, who is employed full time by a member

1371 school.

1372 7. A student athlete.

1373 8. A district school superintendent.

1374 9. A district school board member.

1375 10. A member of the Florida House of Representatives.

1376 11. A member of the Florida Senate.

1377 12. A parent of a high school student.

1378 13. A member of a home education association.

1379 14. A representative of the business community.

1380 15. A representative of the news media.

1381 Section 26. Subsection (17) of section 1006.38, Florida

1382 Statutes, is renumbered as subsection (18), and a new subsection

1383 (17) is added to that section, to read:

1384 1006.38 Duties, responsibilities, and requirements of

1385 instructional materials publishers and manufacturers.—This

1386 section applies to both the state and district approval

1387 processes. Publishers and manufacturers of instructional

1388 materials, or their representatives, shall:

1389 (17) If, after state adoption, the commissioner determines

1390 that a publisher or manufacturer has violated any provision of

1391 general law relating to the content, marketing, sale,

1392 distribution, or furnishing of instructional materials, or any

1393 requirement of this part, the department shall provide written

1394 notice identifying the alleged violation.

1395 (a) The publisher of noncompliant materials shall have at

1396 least 30 calendar days to submit a written response and any

1397 proposed corrective action, which may include providing revised

1398 or replacement materials at no cost to the state or school

1399 districts.

1400 (b) If the publisher has not rectified the violation

1401 within the timeframe established in this subsection, the

1402 commissioner shall report the violation to the State Board of

1403 Education. The State Board of Education shall have the authority

1404 to:

1405 1. Remove all of the noncompliant materials from the

1406 state-adopted list.

1407 2. Require the publisher to reimburse the total cost of

1408 all purchased materials with the identified noncompliance to

1409 each school district that purchased the materials from the

1410 publisher.

1411 3. Prohibit the publisher from bidding on instructional

1412 materials for the subject area in which the violation occurred

1413 for state adoption for a period not to exceed 5 years.

1414 (c) The decision of the State Board of Education

1415 constitutes final agency action subject to judicial review as

1416 provided by law. A publisher or manufacturer aggrieved by a

1417 final action of the State Board of Education may appeal the

1418 decision pursuant to the Administrative Procedures Act within 30

1419 days after issuance of the final action.

1420 (d) Action taken under this subsection is in addition to,

1421 and does not limit, any other remedies available under this

1422 part, including removal of materials under s. 1006.35(3) and

1423 penalties under subsection (18).

1424 Section 27. Paragraph (a) of subsection (1) of section

1425 1008.2125, Florida Statutes, is amended to read:

1426 1008.2125 The Council for Early Grade Success.—

1427 (1) The Council for Early Grade Success, a council as

1428 defined in s. 20.03(7), is created within the Department of

1429 Education to oversee the coordinated screening and progress

1430 monitoring program under s. 1008.25(9) for students in the

1431 Voluntary Prekindergarten Education Program through grade 3 and,

1432 except as otherwise provided in this section, shall operate

1433 consistent with s. 20.052.

1434 (a) The council shall be responsible for reviewing the

1435 implementation of, training for, and outcomes from the

1436 coordinated screening and progress monitoring program to provide

1437 recommendations to the department that support grade 3 students

1438 reading at or above grade level. The council, at a minimum,

1439 shall:

1440 1. Provide recommendations on the implementation of the

1441 coordinated screening and progress monitoring program, including

1442 reviewing any procurement solicitation documents and criteria

1443 before being published.

1444 2. Develop training plans and timelines for such training.

1445 3. Identify appropriate personnel, processes, and

1446 procedures required for the administration of the coordinated

1447 screening and progress monitoring program.

1448 4. Provide input on the methodology for calculating a

1449 provider's or school's performance metric and designations under

1450 s. 1002.68(3) ~~s. 1002.68(4).~~

1451 5. Work with the department to review the methodology for

1452 determining a child's kindergarten readiness.

1453 6. Review data on age-appropriate learning gains by grade

1454 level that a student would need to attain in order to

1455 demonstrate proficiency in reading by grade 3.

1456 7. Continually review anonymized data from the results of

1457 the coordinated screening and progress monitoring program for

1458 students in the Voluntary Prekindergarten Education Program

1459 through grade 3 to help inform recommendations to the department

1460 that support practices that will enable grade 3 students to read

1461 at or above grade level.

1462 Section 28. Paragraph (c) of subsection (4), paragraphs

1463 (b) and (d) of subsection (5), paragraph (a) of subsection (9),

1464 and paragraph (b) of subsection (10) of section 1008.25, Florida

1465 Statutes, are amended to read:

1466 1008.25 Public school student progression; student

1467 support; coordinated screening and progress monitoring;

1468 reporting requirements.—

1469 (4) ASSESSMENT AND SUPPORT.—

1470 (c) A student who has a substantial reading deficiency as

1471 determined in paragraph (5)(a) or a substantial mathematics

1472 deficiency as determined in paragraph (6)(a) must be covered by

1473 a federally required student plan, such as an individual

1474 education plan or an individualized progress monitoring plan, or

1475 both, as necessary. The individualized progress monitoring plan

1476 must be developed within 30 45 days after the results of the

1477 coordinated screening and progress monitoring system become

1478 available. The plan must, at a minimum, include:

1479 1. The student's specific, identified reading or

1480 mathematics skill deficiency.

1481 2. Goals and benchmarks for student growth in reading or

1482 mathematics.

1483 3. A description of the specific measures that will be

1484 used to evaluate and monitor the student's reading or

1485 mathematics progress.

1486 4. For a substantial reading deficiency, the specific

1487 evidence-based literacy instruction grounded in the science of

1488 reading which the student will receive.

1489 5. Strategies, resources, and materials that will be

1490 provided to the student's parent to support the student to make

1491 reading or mathematics progress. Resources must include

1492 information about the student's eligibility for the New Worlds

1493 Reading Initiative under s. 1003.485.

1494 6. Any additional services the student's teacher deems

1495 available and appropriate to accelerate the student's reading or

1496 mathematics skill development.

1497 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—

1498 (b) A Voluntary Prekindergarten Education Program student

1499 who exhibits a substantial deficiency in early literacy skills

1500 based upon the results of the administration of the midyear or

1501 final coordinated screening and progress monitoring under

1502 subsection (9) shall be referred to the local school district

1503 and may be eligible to receive instruction in early literacy

1504 skills before participating in kindergarten. A Voluntary

1505 Prekindergarten Education Program student who scores below the

1506 25th ~~10th~~ percentile on the final administration of the

1507 coordinated screening and progress monitoring under subsection

1508 (9) shall be referred to the local school district and is

1509 eligible to receive early literacy skill instructional support

1510 through a summer bridge program the summer before participating

1511 in kindergarten. The summer bridge program must meet

1512 requirements adopted by the department and shall consist of 4

1513 hours of instruction per day for a minimum of 100 total hours. A

1514 student with an individual education plan who has been retained

1515 pursuant to paragraph (2)(g) and has demonstrated a substantial

1516 deficiency in early literacy skills must receive instruction in

1517 early literacy skills.

1518 (d) The parent of any student who exhibits a substantial

1519 deficiency in reading, as described in paragraph (a), must be

1520 immediately notified in writing of the following:

1521 1. That his or her child has been identified as having a

1522 substantial deficiency in reading, including a description and

1523 explanation, in terms understandable to the parent, of the exact

1524 nature of the student's difficulty in learning and lack of

1525 achievement in reading.

1526 2. A description of the current services that are provided

1527 to the child.

1528 3. A description of the proposed intensive interventions

1529 and supports that will be provided to the child that are

1530 designed to remediate the identified area of reading deficiency.

1531 4. The student progression requirements under paragraph

1532 (2)(h) and that if the child's reading deficiency is not

1533 remediated by the end of grade 3, the child must be retained

1534 unless he or she is exempt from mandatory retention for good

1535 cause.

1536 5. Strategies, including multisensory strategies and

1537 programming, through a read-at-home plan the parent can use in

1538 helping his or her child succeed in reading. The read-at-home

1539 plan must provide access to the resources identified in

1540 paragraph (e).

1541 6. That the statewide, standardized English Language Arts

1542 assessment is not the sole determiner of promotion and that

1543 additional evaluations, portfolio reviews, and assessments are

1544 available to the child to assist parents and the school district

1545 in knowing when a child is reading at or above grade level and

1546 ready for grade promotion.

1547 7. The district's specific criteria and policies for a

1548 portfolio as provided in subparagraph (7)(b)4. and the evidence

1549 required for a student to demonstrate mastery of Florida's

1550 academic standards for English Language Arts. A school must

1551 immediately begin collecting evidence for a portfolio when a

1552 student in grade 3 is identified as being at risk of retention

1553 or upon the request of the parent, whichever occurs first.

1554 8. The district's specific criteria and policies for

1555 midyear promotion. Midyear promotion means promotion of a

1556 retained student at any time during the year of retention once

1557 the student has demonstrated ability to read at grade level.

1558 9. Information about the student's eligibility for the New

1559 Worlds Reading Initiative under s. 1003.485 and the New Worlds

1560 Scholarship Accounts under s. 1002.411 and information on parent

1561 training modules and other reading engagement resources

1562 available through the initiative.

1564 After initial notification, the school shall apprise the parent

1565 at least monthly of the student's progress in response to the

1566 intensive interventions and supports and information about the

1567 student's eligibility for the New Worlds Reading Initiative

1568 under s. 1003.485. Such communications must be in writing and

1569 must explain any additional interventions or supports that will

1570 be implemented to accelerate the student's progress if the

1571 interventions and supports already being implemented have not

1572 resulted in improvement. Upon the request of the parent, the

1573 teacher or school administrator shall meet to discuss the

1574 student's progress. The parent may request more frequent

1575 notification of the student's progress, more frequent

1576 interventions or supports, and earlier implementation of the

1577 additional interventions or supports described in the initial

1578 notification.

1579 (9) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—

1580 (a) The Department of Education, in collaboration with the

1581 Office of Early Learning, shall procure and require the use of a

1582 statewide, standardized coordinated screening and progress

1583 monitoring system for the Voluntary Prekindergarten Education

1584 Program and public schools. The system must:

1585 1. Measure student progress in meeting the appropriate

1586 expectations in early literacy and mathematics skills and in

1587 English Language Arts and mathematics standards as required by

1588 ss. 1002.67(1)(a) and 1003.41 and identify the educational

1589 strengths and needs of students.

1590 2. For students in the Voluntary Prekindergarten Education

1591 Program through grade 3, measure student performance in oral

1592 language development, phonological and phonemic awareness,

1593 knowledge of print and letters, decoding, fluency, vocabulary,

1594 and comprehension, as applicable by grade level, and, at a

1595 minimum, provide interval level and norm-referenced data that

1596 measures equivalent levels of growth.

1597 3. Be a valid, reliable, and developmentally appropriate

1598 computer-based direct instrument that provides screening and

1599 diagnostic capabilities for monitoring student progress;

1600 identifies students who have a substantial deficiency in reading

1601 or mathematics, including identifying students with

1602 characteristics of dyslexia, dyscalculia, and other learning

1603 disorders; and informs instruction. Any student identified by

1604 the system as having characteristics of dyslexia or dyscalculia

1605 shall undergo further screening. Beginning with the 2023-2024

1606 school year, the coordinated screening and progress monitoring

1607 system must be computer-adaptive.

1608 4. Provide data for Voluntary Prekindergarten Education

1609 Program accountability as required under s. 1002.68.

1610 5. Provide Voluntary Prekindergarten Education Program

1611 providers, school districts, schools, teachers, and parents with

1612 data and resources that enhance differentiated instruction and

1613 parent communication.

1614 6. Provide baseline data to the department of each

1615 student's readiness for kindergarten. The determination of

1616 kindergarten readiness must be based on the results of each

1617 student's initial progress monitoring assessment in

1618 kindergarten. The methodology for determining a student's

1619 readiness for kindergarten must be developed by the department

1620 and aligned to the methodology adopted pursuant to s. 1002.68(3)

1621 ~~s. 1002.68(4).~~

1622 7. Assess how well educational goals and curricular

1623 standards are met at the provider, school, district, and state

1624 levels and provide information to the department to aid in the

1625 development of educational programs, policies, and supports for

1626 providers, districts, and schools.

1627 (10) ANNUAL REPORT.—

1628 (b) Each district school board must annually publish on

1629 the district website the following information on the prior

1630 school year:

1631 1. The provisions of this section relating to public

1632 school student progression and the district school board's

1633 policies and procedures on student retention and promotion.

1634 2. By grade, the number and percentage of all students in

1635 grades 3 through 10 performing at Levels 1 and 2 on the

1636 statewide, standardized English Language Arts assessment.

1637 3. By grade, the number and percentage of all students

1638 retained in kindergarten through grade 10.

1639 4. Information on the total number of students who were

1640 promoted for good cause, by each category of good cause as

1641 specified in paragraph (7)(b).

1642 5. Any revisions to the district school board's policies

1643 and procedures on student retention and promotion from the prior

1644 year.

1645 6. The rate of chronic absenteeism by grade level for

1646 students in kindergarten through grade 5. For purposes of this

1647 subparagraph, the term "chronic absenteeism" means a student who

1648 has been absent for at least 10 percent of school days, or the

1649 same classes required for grade promotion, when enrolled for

1650 more than 45 days.

1651 Section 29. Subsection (5) of section 1008.33, Florida

1652 Statutes, is renumbered as subsection (6), and a new subsection

1653 (5) is added to that section, to read:

1654 1008.33 Authority to enforce public school improvement.—

1655 (5) The Department of Education must annually identify

1656 each school district in need of intervention and support to

1657 improve student academic performance.

1658 (a) A school district is in need of improvement if it has

1659 10 percent or more district-operated schools that earn a grade

1660 of "D" or "F" under s. 1008.34.

1661 (b)1. Each school district in need of improvement must

1662 annually submit a district improvement plan in a format

1663 prescribed by the department. The plan must include provisions

1664 to improve and monitor, at a minimum, all of the following:

1665 a. Instructional staff.

1666 b. Professional learning.

1667 c. Fiscal and staffing resources dedicated to school

1668 improvement.

1669 d. Student scheduling, attendance, and behavior.

1670 e. The use of continuous improvement and monitoring plans

1671 and processes.

1672 2. The plan must be approved by the district school board

1673 and may be reviewed by the State Board of Education for approval

1674 or denial. District school superintendents may be called before

1675 the state board to provide implementation updates.

1676 (c) A school district must submit, at a minimum, all of

1677 the following documents to the department as part its district

1678 improvement plan:

1679 1. Monthly vacancy reports for instructional personnel in

1680 schools receiving a grade of "D" or "F" under s. 1008.34.

1681 2. Monthly teacher absenteeism rates at schools receiving

1682 a grade of "D" or "F" under s. 1008.34.

1683 3. Monthly student absenteeism rates at schools receiving

1684 a grade of "D" or "F" under s. 1008.34.

1685 4. Monthly professional learning, activities, and

1686 expenditures for instructional staff in schools receiving a

1687 grade of "D" or "F" under s. 1008.34.

1688 5. Monthly professional learning, activities, and

1689 expenditures for school administrators in schools receiving a

1690 grade of "D" or "F" under s. 1008.34.

1691 6. Local progress monitoring results that are not part of

1692 the statewide progress monitoring system.

1693 (d) The state board may require modifications or revoke a

1694 school district's district improvement plan if the school

1695 district does not:

1696 1. Provide evidence of plan implementation or significant

1697 districtwide improvement.

1698 2. Submit deliverables in a format prescribed by the

1699 department or by a timeframe established by the department.

1700 Section 30. Paragraph (a) of subsection (4) of section

1701 1011.69, Florida Statutes, is amended to read:

1702 1011.69 Equity in School-Level Funding Act.—

1703 (4) After providing Title I, Part A, Basic funds to

1704 schools above the 75 percent poverty threshold, which may

1705 include high schools above the 50 percent threshold as permitted

1706 by federal law, school districts shall provide any remaining

1707 Title I, Part A, Basic funds directly to all eligible schools as

1708 provided in this subsection. For purposes of this subsection, an

1709 eligible school is a school that is eligible to receive Title I

1710 funds, including a charter school. The threshold for identifying

1711 eligible schools may not exceed the threshold established by a

1712 school district for the 2016-2017 school year or the statewide

1713 percentage of economically disadvantaged students, as determined

1714 annually.

1715 (a) Prior to the allocation of Title I funds to eligible

1716 schools, a school district may withhold funds only as follows:

1717 1. One percent for parent involvement, in addition to the

1718 one percent the district must reserve under federal law for

1719 allocations to eligible schools for parent involvement;

1720 2. A necessary and reasonable amount for administration

1721 which includes the district's indirect cost rate, not to exceed

1722 a total of 10 percent;

1723 3. A reasonable and necessary amount to provide:

1724 a. Homeless programs;

1725 b. Delinquent and neglected programs;

1726 c. Prekindergarten programs and activities;

1727 d. Private school equitable services; and

1728 e. Transportation for foster care children to their school

1729 of origin or choice programs; and

1730 4. A necessary and reasonable amount, not to exceed 1

1731 percent, for eligible schools to provide educational services in

1732 accordance with the approved Title I plan. Such educational

1733 services may include the provision of STEM curricula,

1734 instructional materials, and related learning technologies that

1735 support academic achievement in science, technology,

1736 engineering, and mathematics in Title I schools, including, but

1737 not limited to, technologies related to drones, coding,

1738 animation, artificial intelligence, cybersecurity, data science,

1739 the engineering design process, mobile development, and

1740 robotics. Funds may be reserved under this subparagraph only to

1741 the extent that all required reservations under federal law have

1742 been met and that such reservation does not reduce school-level

1743 allocations below the levels required under federal law.

1744 Section 31. Paragraphs (g) and (h) of subsection (6) of

1745 section 1012.56, Florida Statutes, are redesignated as

1746 paragraphs (f) and (g), respectively, and paragraph (b) of

1747 subsection (1), paragraph (f) of subsection (6), and subsection

1748 (9) of that section are amended, to read:

1749 1012.56 Educator certification requirements.—

1750 (1) APPLICATION.—Each person seeking certification

1751 pursuant to this chapter shall submit a completed application

1752 containing the applicant's social security number to the

1753 Department of Education and remit the fee required pursuant to

1754 s. 1012.59 and rules of the State Board of Education. Pursuant

1755 to the federal Personal Responsibility and Work Opportunity

1756 Reconciliation Act of 1996, each party is required to provide

1757 his or her social security number in accordance with this

1758 section. Disclosure of social security numbers obtained through

1759 this requirement is limited to the purpose of administration of

1760 the Title IV-D program of the Social Security Act for child

1761 support enforcement.

1762 (b) The department shall issue a temporary certificate to

1763 a qualifying applicant within 14 calendar days after receipt of

1764 a request from an employer with a professional education

1765 competence demonstration program pursuant to ~~paragraph (6)(f)~~

1766 ~~and~~ subsection (9). The temporary certificate must cover the

1767 classification, level, and area for which the applicant is

1768 deemed qualified. The department shall electronically notify the

1769 applicant's employer that the temporary certificate has been

1770 issued and provide the applicant an official statement of status

1771 of eligibility at the time the certificate is issued.

1773 The statement of status of eligibility must be provided

1774 electronically and must advise the applicant of any

1775 qualifications that must be completed to qualify for

1776 certification. Each method by which an applicant can complete

1777 the qualifications for a professional certificate must be

1778 included in the statement of status of eligibility. Each

1779 statement of status of eligibility is valid for 5 years after

1780 its date of issuance, except as provided in paragraph (2)(d).

1781 (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION

1782 COMPETENCE.—Acceptable means of demonstrating mastery of

1783 professional preparation and education competence are:

1784 ~~(f) Successful completion of professional preparation~~

1785 ~~courses as specified in state board rule, successful completion~~

1786 ~~of a professional education competence program pursuant to~~

1787 ~~subsection (9), and documentation of 3 years of being rated~~

1788 ~~effective or highly effective under s. 1012.34 while holding a~~

1789 ~~temporary certificate;~~

1791 The State Board of Education shall adopt rules to implement this

1792 subsection, including rules to approve specific teacher

1793 preparation programs that are not identified in this subsection

1794 which may be used to meet requirements for mastery of

1795 professional preparation and education competence.

1796 (9) PROFESSIONAL EDUCATION COMPETENCY PROGRAM.—

1797 (a) Each school district must and a private school or

1798 state-supported public school, including a charter school, may

1799 develop and maintain a system by which members of the

1800 instructional staff may demonstrate mastery of professional

1801 preparation and education competence as required by law. Each

1802 program must:

1803 1. Be based on classroom application of the Florida

1804 Educator Accomplished Practices and instructional performance

1805 and, for public schools, must be aligned with the district's or

1806 state-supported public school's evaluation system established

1807 under s. 1012.34, as applicable.

1808 2. Include individualized plan tailored to each candidate

1809 to determine the appropriate professional learning plan.

1810 3. Monitor candidate performance to ensure candidates are

1811 meeting program expectations and implement a remediation process

1812 for candidates not meeting program performance expectations.

1813 4. Assign a mentor that meets the requirements of

1814 paragraph (7)(e) to each candidate participating in the program.

1815 (b) The State Board of Education shall adopt rules to

1816 ~~Commissioner of Education shall~~ determine the continued approval

1817 of programs implemented under this paragraph, ~~based upon the~~

1818 ~~department's review of performance data. The department shall~~

1819 ~~review the performance data as a part of the periodic review of~~

1820 ~~each school district's professional learning system required~~

1821 ~~under s. 1012.98.~~

1822 Section 32. Subsection (8) of section 1013.03, Florida

1823 Statutes, is amended to read:

1824 1013.03 Functions of the department and the Board of

1825 Governors.—The functions of the Department of Education as it

1826 pertains to educational facilities of school districts and

1827 Florida College System institutions and of the Board of

1828 Governors as it pertains to educational facilities of state

1829 universities shall include, but not be limited to, the

1830 following:

1831 (8) Provide minimum criteria, procedures, and training to

1832 boards to conduct educational plant surveys and document the

1833 determination of future needs. No later than December 1, 2026,

1834 the department shall review and revise the Size of Space and

1835 Occupant Design Criteria section of the State Requirements for

1836 Educational Facilities based on input from stakeholders.

1837 Section 33. Paragraphs (d) and (f) of subsection (1) of

1838 section 1014.05, Florida Statutes, are amended to read:

1839 1014.05 School district notifications on parental rights.—

1840 (1) Each district school board shall, in consultation with

1841 parents, teachers, and administrators, develop and adopt a

1842 policy to promote parental involvement in the public school

1843 system. Such policy must include:

1844 (d) Procedures, pursuant to s. 1002.20(3)(d), for a parent

1845 to withdraw his or her minor child from any portion of the

1846 school district's instruction on reproductive health, including

1847 human embryologic and fetal development under s.

1848 1003.42(2)(o)6., or any disease, including HIV/AIDS

1849 ~~comprehensive health education required under s. 1003.42(2)(o)~~

1850 ~~that relates to sex education or instruction in acquired immune~~

1851 ~~deficiency syndrome education or any instruction regarding~~

1852 ~~sexuality if the parent provides a written objection to his or~~

1853 ~~her minor child's participation.~~ Such procedures must provide

1854 for a parent to be notified in advance of such course content so

1855 that he or she may withdraw his or her minor child from those

1856 portions of the course.

1857 (f) Procedures for a parent to learn about parental rights

1858 and responsibilities under general law, including all of the

1859 following:

1860 1. Pursuant to s. 1002.20(3)(d), the right to be notified

1861 in advance and to opt his or her minor child out of any portion

1862 of the school district's instruction on reproductive health,

1863 including human embryologic and fetal development under s.

1864 1003.42(2)(o)6., or any disease, including HIV/AIDS

1865 ~~comprehensive health education required under s. 1003.42(2)(o)~~

1866 ~~that relates to sex education instruction in acquired immune~~

1867 ~~deficiency syndrome education or any instruction regarding~~

1868 ~~sexuality.~~

1869 2. A plan to disseminate information, pursuant to s.

1870 1002.20(6), about school choice options, including open

1871 enrollment.

1872 3. In accordance with s. 1002.20(3)(b), the right of a

1873 parent to exempt his or her minor child from immunizations.

1874 4. In accordance with s. 1008.22, the right of a parent to

1875 review statewide, standardized assessment results.

1876 5. In accordance with s. 1003.57, the right of a parent to

1877 enroll his or her minor child in gifted or special education

1878 programs.

1879 6. In accordance with s. 1006.28(2)(a)1., the right of a

1880 parent to inspect school district instructional materials.

1881 7. In accordance with s. 1008.25, the right of a parent to

1882 access information relating to the school district's policies

1883 for promotion or retention, including high school graduation

1884 requirements.

1885 8. In accordance with s. 1002.20(14), the right of a

1886 parent to receive a school report card and be informed of his or

1887 her minor child's attendance requirements.

1888 9. In accordance with s. 1002.23, the right of a parent to

1889 access information relating to the state public education

1890 system, state standards, report card requirements, attendance

1891 requirements, and instructional materials requirements.

1892 10. In accordance with s. 1002.23(4), the right of a

1893 parent to participate in parent-teacher associations and

1894 organizations that are sanctioned by a district school board or

1895 the Department of Education.

1896 11. In accordance with s. 1002.222(1)(a), the right of a

1897 parent to opt out of any district-level data collection relating

1898 to his or her minor child not required by law.

1899 Section 34. This act shall take effect July 1, 2026.