THE BILL ITSELF
SB 320
Administrative Efficiency in Public Schools
Florida Senate - 2026 SB 320 By Senator Simon 3-01468-26 2026320__
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A bill to be entitled
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An act relating to administrative efficiency in public
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schools; amending s. 120.81, F.S.; exempting district
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school boards from requirements for adopting certain
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rules; amending s. 1001.23, F.S.; requiring the
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Department of Education to annually inform district
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school superintendents by a specified date that they
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are authorized to petition to receive a specified
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declaratory statement; requiring the department to
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annually maintain and provide school districts with a
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list of certain statutory and rule requirements;
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specifying requirements for such list; amending s.
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1001.42, F.S.; deleting a requirement for a district
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school board to employ an internal auditor in certain
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circumstances; amending s. 1002.20, F.S.; deleting a
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requirement that the school financial report be
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included in the student handbook; requiring the
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department to produce specified reports relating to
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school accountability and make them available on the
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department’s website; requiring each school district
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to provide a link to such reports; amending s.
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1002.33, F.S.; conforming a provision relating to a 5
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year facilities plan; amending s. 1002.451, F.S.;
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requiring innovation schools of technology to comply
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with specified provisions relating to instructional
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multiyear contracts, in addition to annual contracts,
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for instructional personnel; amending s. 1002.61,
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F.S.; deleting public schools from a requirement for
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early learning coalitions to verify compliance with
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certain law; amending s. 1002.63, F.S.; deleting a
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requirement for an early learning coalition to verify
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that certain public schools comply with specified
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provisions; amending s. 1002.71, F.S.; revising
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requirements relating to district school board
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attendance policies for Voluntary Prekindergarten
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Education Programs; requiring a school district to
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certify its attendance records for a Voluntary
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Prekindergarten Education Program; amending s.
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1006.40, F.S.; revising the timeframe within which
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certain instructional materials must be purchased;
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authorizing the State Board of Education to modify the
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timeframe; amending s. 1008.212, F.S.; providing that
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certain assessments are not subject to specified
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requirements; specifying the assessments from which
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IEP teams are authorized to submit requests for
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extraordinary exemptions; amending s. 1008.22, F.S.;
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requiring the Commissioner of Education to notify
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school districts of the assessment schedule for a
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specified time interval and to publish such schedule
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on the department’s website; deleting requirements
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relating to a uniform calendar that must be published
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by the commissioner each year; revising an annual
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timeframe for each school district to establish
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schedules for the administration of statewide,
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standardized assessments; requiring each school
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district to publish certain information regarding such
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schedules on its website; conforming provisions to
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changes made by the act; amending s. 1008.25, F.S.;
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conforming cross-references; amending s. 1008.33,
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F.S.; prohibiting a school from being required to use
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a certain parameter as the sole determining factor to
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recruit instructional personnel; specifying
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requirements for a rule adopted by the State Board of
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Education; amending s. 1010.20, F.S.; requiring
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charter schools to respond to monitoring questions
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from the department; amending s. 1011.035, F.S.;
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deleting a requirement that each district school board
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budget posted on the school board’s website include a
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graphical representation of specified information;
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revising website requirements; amending s. 1011.14,
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F.S.; revising the types of facilities for which
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district school boards may incur certain financial
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obligations; amending s. 1011.60, F.S.; revising
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circumstances under which the State Board of Education
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may alter the length of school terms for certain
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school districts; amending s. 1011.6202, F.S.;
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requiring schools participating in the Principal
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Autonomy Program Initiative to comply with specified
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provisions relating to instructional multiyear
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contracts, in addition to annual contracts, for
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instructional personnel; amending s. 1011.69, F.S.;
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deleting a requirement relating to Title I fund
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allocations to schools; providing a new category of
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funding school districts are authorized to withhold;
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revising a category of funding a school district is
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authorized to withhold; requiring the department to
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make certain funds available to local education
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agencies; amending s. 1011.71, F.S.; revising how
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specified revenue may be expended by a district school
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board; deleting a penalty for violating specified
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provisions; amending s. 1012.22, F.S.; specifying
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requirements for advanced degrees that may be used to
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set salary schedules for instructional personnel and
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school administrators hired after a specified date;
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specifying district school board activities that may
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not be precluded by collective bargaining; amending s.
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1012.335, F.S.; defining the term “instructional
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multiyear contract”; providing requirements for the
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award of an instructional multiyear contract;
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requiring that an employee awarded an instructional
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multiyear contract be returned to an annual contract
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under certain conditions; specifying district school
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superintendent authority; making conforming and
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technical changes; amending s. 1012.39, F.S.; revising
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an occupational experience qualification requirement
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for nondegreed teachers of career programs; deleting a
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training requirement for full-time nondegreed teachers
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of career programs; amending s. 1012.555, F.S.;
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revising eligibility requirements for individuals to
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participate in the Teacher Apprenticeship Program;
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amending employment requirements for paraprofessionals
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to serve as an apprentice teacher; conforming a cross
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reference; amending s. 1012.56, F.S.; specifying
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individuals who must demonstrate mastery of general
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knowledge for educator certification; authorizing
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school districts and consortia of school districts to
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issue temporary certificates under certain conditions;
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specifying Education Practices Commission authority;
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conforming a cross-reference; amending s. 1012.585,
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F.S.; revising the validity period for professional
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certificates; providing eligibility requirements for
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5-year and 10-year professional certificates;
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establishing requirements for the renewal of a 10-year
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professional certificate; amending s. 1013.19, F.S.;
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requiring that proceeds from certain sales or leases
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of property be used for specified purposes by boards
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of trustees for Florida College System institutions or
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state universities; amending s. 1013.35, F.S.;
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deleting definitions; revising requirements for the
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contents of such plan; deleting provisions relating to
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district school boards coordinating with local
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governments to ensure consistency between school
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district and local government plans; authorizing,
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rather than requiring, local governments to review
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tentative district educational facilities plans;
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requiring a district school board to submit a revised
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facilities plan to the department; making conforming
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changes; amending s. 1013.41, F.S.; revising
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requirements for an educational facilities plan;
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revising the duties of the Office of Educational
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Facilities; amending s. 1013.45, F.S.; specifying that
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Florida College System institution and state
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university boards of trustees are required to use an
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architect for the development of certain plans;
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deleting district school board requirements for
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certain construction plans; repealing s. 1013.451,
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F.S., relating to life-cycle costs comparisons;
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amending s. 1013.64, F.S.; revising district school
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board requirements relating to educational plant
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construction; conforming a provision to changes made
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by the act; amending ss. 163.3180, 200.065, 1002.68,
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1003.631, 1004.04, 1004.85, 1012.552, 1012.586,
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1012.98, and 1013.62, F.S.; conforming cross
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references and provisions to changes made by the act;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (1) of section
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120.81, Florida Statutes, is amended to read:
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120.81 Exceptions and special requirements; general areas.—
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(1) EDUCATIONAL UNITS.—
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(a) District school boards are not subject to the
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requirements for rules in this chapter when making and adopting
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rules with public input at a public meeting. Notwithstanding s.
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120.536(1) and the flush left provisions of s. 120.52(8),
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district school boards may adopt rules to implement their
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general powers under s. 1001.41.
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Section 2. Subsections (5) and (6) are added to section
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1001.23, Florida Statutes, to read:
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1001.23 Specific powers and duties of the Department of
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Education.—In addition to all other duties assigned to it by law
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or by rule of the State Board of Education, the department
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shall:
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(5) Annually by August 1, inform district school
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superintendents that pursuant to s. 120.565, the superintendents
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may receive a declaratory statement, within 90 days after
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submitting a petition to receive such statement, regarding the
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department’s opinion as to the applicability of a statutory or
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rule provision to a school district as it applies to the
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district’s particular set of circumstances.
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(6) Annually maintain and make available to school
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districts a list of all requirements in statute and rule
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relating to required actions by district school boards or
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superintendents. The list must include, but is not limited to,
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required parent notifications; information that must be posted
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on the district website; and reporting, filing, and
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certification requirements.
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Section 3. Paragraph (l) of subsection (12) of section
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1001.42, Florida Statutes, is amended to read:
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1001.42 Powers and duties of district school board.—The
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district school board, acting as a board, shall exercise all
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powers and perform all duties listed below:
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(12) FINANCE.—Take steps to assure students adequate
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educational facilities through the financial procedure
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authorized in chapters 1010 and 1011 and as prescribed below:
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(l) Internal auditor.—May or, in the case of a school
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district receiving annual federal, state, and local funds in
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excess of $500 million, shall employ an internal auditor. The
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scope of the internal auditor shall not be restricted and shall
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include every functional and program area of the school system.
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1. The internal auditor shall perform ongoing financial
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verification of the financial records of the school district, a
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comprehensive risk assessment of all areas of the school system
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every 5 years, and other audits and reviews as the district
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school board directs for determining:
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a. The adequacy of internal controls designed to prevent
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and detect fraud, waste, and abuse as defined in s. 11.45(1).
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b. Compliance with applicable laws, rules, contracts, grant
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agreements, district school board-approved policies, and best
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practices.
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c. The efficiency of operations.
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d. The reliability of financial records and reports.
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e. The safeguarding of assets.
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f. Financial solvency.
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g. Projected revenues and expenditures.
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h. The rate of change in the general fund balance.
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2. The internal auditor shall prepare audit reports of his
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or her findings and report directly to the district school board
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or its designee.
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3. Any person responsible for furnishing or producing any
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book, record, paper, document, data, or sufficient information
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necessary to conduct a proper audit or examination which the
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internal auditor is by law authorized to perform is subject to
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the provisions of s. 11.47(3) and (4).
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Section 4. Subsection (16) of section 1002.20, Florida
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Statutes, is amended to read:
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1002.20 K-12 student and parent rights.—Parents of public
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school students must receive accurate and timely information
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regarding their child’s academic progress and must be informed
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of ways they can help their child to succeed in school. K-12
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students and their parents are afforded numerous statutory
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rights including, but not limited to, the following:
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(16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
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REPORTS; FISCAL TRANSPARENCY.—Parents of public school students
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have the right to an easy-to-read report card about the school’s
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grade designation or, if applicable under s. 1008.341, the
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school’s improvement rating, and the school’s accountability
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report, including the school financial report as required under
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s. 1010.215. The school financial report must be provided to the
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parents and indicate the average amount of money expended per
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student in the school , which must also be included in the
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student handbook or a similar publication . The department shall
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produce the reports required under this subsection and make the
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reports for each school available on the department’s website in
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a prominent location. Each public school district shall provide
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a link on its website to such reports for parent access.
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Section 5. Paragraph (g) of subsection (18) of section
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1002.33, Florida Statutes, is amended to read:
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1002.33 Charter schools.—
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(18) FACILITIES.—
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(g) Each school district shall annually provide to the
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Department of Education as part of its 5-year work plan the
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number of existing vacant classrooms in each school that the
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district does not intend to use or does not project will be
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needed for educational purposes for the following school year.
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The department may recommend that a district make such space
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available to an appropriate charter school.
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Section 6. Paragraph (a) of subsection (5) of section
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1002.451, Florida Statutes, is amended to read:
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1002.451 District innovation school of technology program.—
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(5) EXEMPTION FROM STATUTES.—
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(a) An innovation school of technology is exempt from
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chapters 1000-1013. However, an innovation school of technology
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shall comply with the following provisions of those chapters:
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1. Laws pertaining to the following:
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a. Schools of technology, including this section.
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b. Student assessment program and school grading system.
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c. Services to students who have disabilities.
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d. Civil rights, including s. 1000.05, relating to
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discrimination.
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e. Student health, safety, and welfare.
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2. Laws governing the election and compensation of district
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school board members and election or appointment and
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compensation of district school superintendents.
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3. Section 1003.03, governing maximum class size, except
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that the calculation for compliance pursuant to s. 1003.03 is
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the average at the school level.
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4. Sections 1012.22(1)(c) and 1012.27(2), relating to
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compensation and salary schedules.
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5. Section 1012.33(5), relating to workforce reductions,
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for annual contracts for instructional personnel. This
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subparagraph does not apply to at-will employees.
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6. Section 1012.335, relating to contracts with
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instructional personnel hired on or after July 1, 2011, for
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annual or instructional multiyear contracts for instructional
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personnel. This subparagraph does not apply to at-will
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employees.
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7. Section 1012.34, relating to requirements for
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performance evaluations of instructional personnel and school
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administrators.
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Section 7. Paragraph (a) of subsection (10) of section
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1002.61, Florida Statutes, is amended to read:
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1002.61 Summer prekindergarten program delivered by public
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schools and private prekindergarten providers.—
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(10)(a) Each early learning coalition shall verify that
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each private prekindergarten provider and public school
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delivering the Voluntary Prekindergarten Education Program
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within the coalition’s county or multicounty region complies
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with this part.
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Section 8. Subsection (9) of section 1002.63, Florida
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Statutes, is amended to read:
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1002.63 School-year prekindergarten program delivered by
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public schools.—
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(9) (a) Each early learning coalition shall verify that each
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public school delivering the Voluntary Prekindergarten Education
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Program within the coalition’s service area complies with this
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part.
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(b) If a public school fails or refuses to comply with this
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part or engages in misconduct, the department must shall require
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that the school district to remove the school from eligibility
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to deliver the Voluntary Prekindergarten Education Program and
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receive state funds under this part for a period of at least 2
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years but no more than 5 years.
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Section 9. Paragraph (b) of subsection (6) and subsection
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(7) of section 1002.71, Florida Statutes, are amended to read:
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1002.71 Funding; financial and attendance reporting.—
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(6)
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(b)1. Each private prekindergarten provider’s and district
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school board’s attendance policy must require the parent of each
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student in the Voluntary Prekindergarten Education Program to
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verify, each month, the student’s attendance on the prior
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month’s certified student attendance.
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2. The parent must submit the verification of the student’s
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attendance to the private prekindergarten provider or public
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school on forms prescribed by the department. The forms must
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include, in addition to the verification of the student’s
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attendance, a certification, in substantially the following
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form, that the parent continues to choose the private
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prekindergarten provider or public school in accordance with s.
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1002.53 and directs that payments for the program be made to the
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provider or school:
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VERIFICATION OF STUDENT’S ATTENDANCE
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AND CERTIFICATION OF PARENTAL CHOICE
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I, ...(Name of Parent)..., swear (or affirm) that my child,
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...(Name of Student)..., attended the Voluntary Prekindergarten
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Education Program on the days listed above and certify that I
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continue to choose ...(Name of Provider or School)... to deliver
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the program for my child and direct that program funds be paid
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to the provider or school for my child.
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...(Signature of Parent)...
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...(Date)...
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3. The private prekindergarten provider or public school
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must keep each original signed form for at least 2 years. Each
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private prekindergarten provider must permit the early learning
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coalition , and each public school must permit the school
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district, to inspect the original signed forms during normal
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business hours. The department shall adopt procedures for early
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learning coalitions and school districts to review the original
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signed forms against the certified student attendance. The
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review procedures must shall provide for the use of selective
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inspection techniques, including, but not limited to, random
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sampling. Each early learning coalition and the school districts
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must comply with the review procedures.
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(7) The department shall require that administrative
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expenditures be kept to the minimum necessary for efficient and
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effective administration of the Voluntary Prekindergarten
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Education Program. Administrative policies and procedures must
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shall be revised , to the maximum extent practicable, be revised
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to incorporate the use of automation and electronic submission
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of forms, including those required for child eligibility and
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enrollment, provider and class registration, and monthly
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certification of attendance for payment. A school district may
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use its automated daily attendance reporting system for the
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purpose of maintaining and transmitting attendance records to
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the early learning coalition in a mutually agreed-upon format.
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Each school district shall certify the correctness of attendance
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data submitted to the single point of entry system described in
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paragraph (5)(a) as required by the department. In addition,
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actions must shall be taken to reduce paperwork, eliminate the
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duplication of reports, and eliminate other duplicative
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activities. Each early learning coalition may retain and expend
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no more than 5.0 percent of the funds paid by the coalition to
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private prekindergarten providers and public schools under
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paragraph (5)(b). Funds retained by an early learning coalition
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under this subsection may be used only for administering the
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Voluntary Prekindergarten Education Program and may not be used
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for the school readiness program or other programs.
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Section 10. Subsection (2) of section 1006.40, Florida
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Statutes, is amended to read:
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1006.40 Purchase of instructional materials.—
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(2) Each district school board must purchase current
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instructional materials to provide each student in kindergarten
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through grade 12 with a major tool of instruction in core
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courses of the subject areas of mathematics, language arts,
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science, social studies, reading, and literature. Such purchase
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must be made within the first 5 3 years after the effective date
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of the adoption cycle , subject to state board requirement for an
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earlier purchase date for a specific subject area, unless a
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district school board or a consortium of school districts has
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implemented an instructional materials program pursuant to s.
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1006.283.
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Section 11. Subsections (2) and (3) of section 1008.212,
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Florida Statutes, are amended to read:
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1008.212 Students with disabilities; extraordinary
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exemption.—
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(2) A student with a disability for whom the individual
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education plan (IEP) team determines is prevented by a
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circumstance or condition from physically demonstrating the
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mastery of skills that have been acquired and are measured by
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the statewide standardized assessment, a statewide standardized
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end-of-course assessment, or an alternate assessment pursuant to
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s. 1008.22(3)(d) shall be granted an extraordinary exemption
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from the administration of the assessment. A learning,
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emotional, behavioral, or significant cognitive disability, or
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the receipt of services through the homebound or hospitalized
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program in accordance with rule 6A-6.03020, Florida
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Administrative Code, is not, in and of itself, an adequate
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criterion for the granting of an extraordinary exemption. The
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first two administrations of the coordinated screening and
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progress monitoring system under s. 1008.25(9) or any alternate
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assessments used in lieu of such administrations are not subject
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to the requirements of this section.
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(3) The IEP team, which must include the parent, may submit
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to the district school superintendent a written request for an
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extraordinary exemption from the end-of-year or end-of-course
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statewide, standardized assessment at any time during the school
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year, but not later than 60 days before the current year’s
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assessment administration for which the request is made. A
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request must include all of the following:
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(a) A written description of the student’s disabilities,
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including a specific description of the student’s impaired
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sensory, manual, or speaking skills.
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(b) Written documentation of the most recent evaluation
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data.
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(c) Written documentation, if available, of the most recent
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administration of the statewide standardized assessment, an end
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of-course assessment, or an alternate assessment.
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(d) A written description of the condition’s effect on the
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student’s participation in the statewide standardized
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assessment, an end-of-course assessment, or an alternate
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assessment.
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(e) Written evidence that the student has had the
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opportunity to learn the skills being tested.
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(f) Written evidence that the student has been provided
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appropriate instructional accommodations.
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(g) Written evidence as to whether the student has had the
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opportunity to be assessed using the instructional
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accommodations on the student’s IEP which are allowable in the
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administration of the statewide standardized assessment, an end
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of-course assessment, or an alternate assessment in prior
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assessments.
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(h) Written evidence of the circumstance or condition as
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defined in subsection (1).
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Section 12. Paragraphs (a), (b), and (d) of subsection (7)
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of section 1008.22, Florida Statutes, are amended to read:
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1008.22 Student assessment program for public schools.—
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(7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
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(a) The Commissioner of Education shall establish schedules
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for the administration of statewide, standardized assessments
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and the reporting of student assessment results. The
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commissioner shall consider the observance of religious and
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school holidays when developing the schedules. By January 1 of
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each year, the commissioner shall notify each school district in
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writing and publish on the department’s website the assessment
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schedule for, at a minimum, the next 2 school years. The
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assessment and reporting schedules must provide the earliest
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possible reporting of student assessment results to the school
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districts. Assessment results for the statewide, standardized
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ELA and Mathematics assessments and all statewide, standardized
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EOC assessments must be made available no later than June 30,
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except for results for the grade 3 statewide, standardized ELA
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assessment, which must be made available no later than May 31.
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Beginning with the 2023-2024 school year, assessment results for
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the statewide, standardized ELA and Mathematics assessments must
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be available no later than May 31. School districts shall
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administer statewide, standardized assessments in accordance
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with the schedule established by the commissioner.
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(b) By January of each year, the commissioner shall publish
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on the department’s website a uniform calendar that includes the
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assessment and reporting schedules for, at a minimum, the next 2
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school years. The uniform calendar must be provided to school
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districts in an electronic format that allows each school
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district and public school to populate the calendar with, at
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minimum, the following information for reporting the district
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assessment schedules under paragraph (d):
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1. Whether the assessment is a district-required assessment
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or a state-required assessment.
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2. The specific date or dates that each assessment will be
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administered, including administrations of the coordinated
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screening and progress monitoring system under s. 1008.25(9)(b).
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3. The time allotted to administer each assessment.
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4. Whether the assessment is a computer-based assessment or
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a paper-based assessment.
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5. The grade level or subject area associated with the
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assessment.
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6. The date that the assessment results are expected to be
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available to teachers and parents.
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7. The type of assessment, the purpose of the assessment,
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and the use of the assessment results.
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8. A glossary of assessment terminology.
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9. Estimates of average time for administering state
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required and district-required assessments, by grade level.
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(c) (d) Each school district shall , by November 1 of each
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year, establish schedules for the administration of any
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statewide, standardized assessments and district-required
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assessments and approve the schedules as an agenda item at a
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district school board meeting. Each school district shall
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publish the testing schedules on its website which specify
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whether an assessment is a state-required or district-required
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assessment and the grade bands or subject areas associated with
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the assessments using the uniform calendar, including all
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information required under paragraph (b), and submit the
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schedules to the Department of Education by October 1 of each
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year . Each public school shall publish schedules for statewide,
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standardized assessments and district-required assessments on
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its website using the uniform calendar, including all
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information required under paragraph (b) . The school board
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approved assessment uniform calendar must be included in the
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parent guide required by s. 1002.23(5).
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Section 13. Paragraphs (b), (c), and (d) of subsection (9)
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of section 1008.25, Florida Statutes, are amended to read:
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1008.25 Public school student progression; student support;
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coordinated screening and progress monitoring; reporting
518
requirements.—
519
(9) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
520
(b) Beginning with the 2022-2023 school year, private
521
Voluntary Prekindergarten Education Program providers and public
522
schools must participate in the coordinated screening and
523
progress monitoring system pursuant to this paragraph.
524
1. For students in the school-year Voluntary
525
Prekindergarten Education Program through grade 2, the
526
coordinated screening and progress monitoring system must be
527
administered at least three times within a school year, with the
528
first administration occurring no later than the first 30
529
instructional days after a student’s enrollment or the start of
530
the school year, the second administration occurring midyear,
531
and the third administration occurring within the last 30 days
532
of the school year pursuant to state board rule. The state board
533
may adopt alternate timeframes to address nontraditional school
534
year calendars to ensure the coordinated screening and progress
535
monitoring program is administered a minimum of three times
536
within a year.
537
2. For students in the summer prekindergarten program, the
538
coordinated screening and progress monitoring system must be
539
administered two times, with the first administration occurring
540
no later than the first 10 instructional days after a student’s
541
enrollment or the start of the summer prekindergarten program,
542
and the final administration occurring within the last 10 days
543
of the summer prekindergarten program pursuant to state board
544
rule.
545
3. For grades 3 through 10 English Language Arts and grades
546
3 through 8 Mathematics, the coordinated screening and progress
547
monitoring system must be administered at the beginning, middle,
548
and end of the school year pursuant to state board rule. The
549
end-of-year administration of the coordinated screening and
550
progress monitoring system must be a comprehensive progress
551
monitoring assessment administered in accordance with the
552
scheduling requirements under s. 1008.22(7)(b) s. 1008.22(7)(c) .
553
(c) To facilitate timely interventions and supports
554
pursuant to subsection (4), the system must provide results from
555
the first two administrations of the progress monitoring to a
556
student’s teacher or prekindergarten instructor within 1 week
557
and to the student’s parent within 2 weeks after the
558
administration of the progress monitoring. Delivery of results
559
from the comprehensive, end-of-year progress monitoring ELA
560
assessment for grades 3 through 10 and Mathematics assessment
561
for grades 3 through 8 must be in accordance with s.
562
1008.22(7)(g) s. 1008.22(7)(h) .
563
1. A student’s results from the coordinated screening and
564
progress monitoring system must be recorded in a written, easy
565
to-comprehend individual student report. Each school district
566
shall provide a parent secure access to his or her child’s
567
individual student reports through a web-based portal as part of
568
its student information system. Each early learning coalition
569
shall provide parents the individual student report in a format
570
determined by state board rule.
571
2. In addition to the information under subparagraph (a)5.,
572
the report must also include parent resources that explain the
573
purpose of progress monitoring, assist the parent in
574
interpreting progress monitoring results, and support informed
575
parent involvement. Parent resources may include personalized
576
video formats.
577
3. The department shall annually update school districts
578
and early learning coalitions on new system features and
579
functionality and collaboratively identify with school districts
580
and early learning coalitions strategies for meaningfully
581
reporting to parents results from the coordinated screening and
582
progress monitoring system. The department shall develop ways to
583
increase the utilization, by instructional staff and parents, of
584
student assessment data and resources.
585
4. An individual student report must be provided in a
586
printed format upon a parent’s request.
587
(d) Screening and progress monitoring system results,
588
including the number of students who demonstrate characteristics
589
of dyslexia and dyscalculia, shall be reported to the department
590
pursuant to state board rule and maintained in the department’s
591
Education Data Warehouse. Results must be provided to a
592
student’s teacher and parent in a timely manner as required in
593
s. 1008.22(7)(f) s. 1008.22(7)(g) .
594
Section 14. Paragraph (c) of subsection (3) and subsection
595
(5) of section 1008.33, Florida Statutes, are amended to read:
596
1008.33 Authority to enforce public school improvement.—
597
(3)
598
(c) The state board shall adopt by rule a differentiated
599
matrix of intervention and support strategies for assisting
600
traditional public schools identified under this section and
601
rules for implementing s. 1002.33(9)(n), relating to charter
602
schools. The intervention and support strategies must address
603
student performance and may include improvement planning;
604
leadership quality improvement; educator quality improvement;
605
professional learning; curriculum review, pacing, and alignment
606
across grade levels to improve background knowledge in social
607
studies, science, and the arts; and the use of continuous
608
improvement and monitoring plans and processes. In addition, the
609
state board may prescribe reporting requirements to review and
610
monitor the progress of the schools. The rule must define the
611
intervention and support strategies for school improvement for
612
schools earning a grade of “D” or “F” and the roles for the
613
district and department. A school may not be required to use the
614
measure of student learning growth in s. 1012.34(7) as the sole
615
determinant to recruit instructional personnel. The rule must
616
create a timeline for a school district’s school improvement
617
plan or district-managed turnaround plan to be approved and for
618
the school improvement funds under Title I to be released to the
619
school district. The timeline established in rule for the
620
release of school improvement funding under Title I may not
621
exceed 20 calendar days after the approval of the school
622
improvement plan or district-managed turnaround plan.
623
(5) The state board shall adopt rules pursuant to ss.
624
120.536(1) and 120.54 to administer this section. The rules
625
shall include timelines for submission of implementation plans,
626
approval criteria for implementation plans, timelines for
627
releasing Title I funding, timelines for implementing
628
intervention and support strategies, a standard charter school
629
turnaround contract, a standard facility lease, and a mutual
630
management agreement. The state board shall consult with
631
education stakeholders in developing the rules.
632
Section 15. Paragraph (e) is added to subsection (2) of
633
section 1010.20, Florida Statutes, to read:
634
1010.20 Cost accounting and reporting for school
635
districts.—
636
(2) COST REPORTING.—
637
(e) Each charter school shall receive and respond to
638
monitoring questions from the department.
639
Section 16. Subsections (2) and (4) of section 1011.035,
640
Florida Statutes, are amended to read:
641
1011.035 School district fiscal transparency.—
642
(2) Each district school board shall post on its website :
643
(a) A plain language version of each proposed, tentative,
644
and official budget which describes each budget item in terms
645
that are easily understandable to the public and includes:
646
(a) Graphical representations, for each public school
647
within the district and for the school district, of the
648
following:
649
1. Summary financial efficiency data.
650
2. Fiscal trend information for the previous 3 years on:
651
a. The ratio of full-time equivalent students to full-time
652
equivalent instructional personnel.
653
b. The ratio of full-time equivalent students to full-time
654
equivalent administrative personnel.
655
c. The total operating expenditures per full-time
656
equivalent student.
657
d. The total instructional expenditures per full-time
658
equivalent student.
659
e. The general administrative expenditures as a percentage
660
of total budget.
661
f. The rate of change in the general fund’s ending fund
662
balance not classified as restricted .
663
(b) A link to the web-based fiscal transparency tool
664
developed by the department pursuant to s. 1010.20 to enable
665
taxpayers to evaluate the financial efficiency of the school
666
district and compare the financial efficiency of the school
667
district with other similarly situated school districts.
669
This information must be prominently posted on the school
670
district’s website in a manner that is readily accessible to the
671
public.
672
(4) The website should contain links to :
673
(a) Help explain or provide background information on
674
various budget items that are required by state or federal law.
675
(b) Allow users to navigate to related sites to view
676
supporting details.
677
(c) enable taxpayers, parents, and education advocates to
678
send e-mails asking questions about the budget and enable others
679
to view the questions and responses.
680
Section 17. Subsection (1) of section 1011.14, Florida
681
Statutes, is amended to read:
682
1011.14 Obligations for a period of 1 year.—District school
683
boards are authorized only under the following conditions to
684
create obligations by way of anticipation of budgeted revenues
685
accruing on a current basis without pledging the credit of the
686
district or requiring future levy of taxes for certain purposes
687
for a period of 1 year; however, such obligations may be
688
extended from year to year with the consent of the lender for a
689
period not to exceed 4 years, or for a total of 5 years
690
including the initial year of the loan:
691
(1) PURPOSES.—The purposes for which such obligations may
692
be incurred within the intent of this section shall include only
693
the purchase of school buses, land, and equipment for
694
educational purposes; the erection of, alteration to, or
695
addition to educational plants, ancillary plants, and auxiliary
696
facilities; and the adjustment of insurance on educational
697
property on a 5-year plan, as provided by rules of the State
698
Board of Education.
699
Section 18. Subsection (2) of section 1011.60, Florida
700
Statutes, is amended to read:
701
1011.60 Minimum requirements of the Florida Education
702
Finance Program.—Each district which participates in the state
703
appropriations for the Florida Education Finance Program shall
704
provide evidence of its effort to maintain an adequate school
705
program throughout the district and shall meet at least the
706
following requirements:
707
(2) MINIMUM TERM.—Operate all schools for a term of 180
708
actual teaching days or the equivalent on an hourly basis as
709
specified by rules of the State Board of Education each school
710
year. The State Board of Education may prescribe procedures for
711
altering, and, upon written application, may alter, this
712
requirement during a national, state, or local emergency as it
713
may apply to an individual school or schools in any district or
714
districts if the district school board certifies to the
715
Commissioner of Education that , in the opinion of the board, it
716
is not necessary feasible to make up lost days or hours, and the
717
apportionment may, at the discretion of the Commissioner of
718
Education and if the board determines that the reduction of
719
school days or hours is caused by the existence of a bona fide
720
emergency, be reduced for such district or districts in
721
proportion to the decrease in the length of term in any such
722
school or schools. A strike, as defined in s. 447.203(6), by
723
employees of the school district may not be considered an
724
emergency.
725
Section 19. Paragraph (b) of subsection (3) of section
726
1011.6202, Florida Statutes, is amended to read:
727
1011.6202 Principal Autonomy Program Initiative.—The
728
Principal Autonomy Program Initiative is created within the
729
Department of Education. The purpose of the program is to
730
provide a highly effective principal of a participating school
731
with increased autonomy and authority to operate his or her
732
school, as well as other schools, in a way that produces
733
significant improvements in student achievement and school
734
management while complying with constitutional requirements. The
735
State Board of Education may, upon approval of a principal
736
autonomy proposal, enter into a performance contract with the
737
district school board for participation in the program.
738
(3) EXEMPTION FROM LAWS.—
739
(b) A participating school or a school operated by a
740
principal pursuant to subsection (5) shall comply with the
741
provisions of chapters 1000-1013, and rules of the state board
742
that implement those provisions, pertaining to the following:
743
1. Those laws relating to the election and compensation of
744
district school board members, the election or appointment and
745
compensation of district school superintendents, public meetings
746
and public records requirements, financial disclosure, and
747
conflicts of interest.
748
2. Those laws relating to the student assessment program
749
and school grading system, including chapter 1008.
750
3. Those laws relating to the provision of services to
751
students with disabilities.
752
4. Those laws relating to civil rights, including s.
753
1000.05, relating to discrimination.
754
5. Those laws relating to student health, safety, and
755
welfare.
756
6. Section 1001.42(4)(f), relating to the uniform opening
757
date for public schools.
758
7. Section 1003.03, governing maximum class size, except
759
that the calculation for compliance pursuant to s. 1003.03 is
760
the average at the school level for a participating school.
761
8. Sections 1012.22(1)(c) and 1012.27(2), relating to
762
compensation and salary schedules.
763
9. Section 1012.33(5), relating to workforce reductions for
764
annual contracts for instructional personnel. This subparagraph
765
does not apply to at-will employees.
766
10. Section 1012.335, relating to annual or instructional
767
multiyear contracts for instructional personnel hired on or
768
after July 1, 2011. This subparagraph does not apply to at-will
769
employees.
770
11. Section 1012.34, relating to personnel evaluation
771
procedures and criteria.
772
12. Those laws pertaining to educational facilities,
773
including chapter 1013, except that s. 1013.20, relating to
774
covered walkways for relocatables, is eligible for exemption.
775
13. Those laws pertaining to participating school
776
districts, including this section and ss. 1011.69(2) and
777
1012.28(8).
778
Section 20. Subsection (4) of section 1011.69, Florida
779
Statutes, is amended, and subsection (5) is added to that
780
section, to read:
781
1011.69 Equity in School-Level Funding Act.—
782
(4) After providing Title I, Part A, Basic funds to schools
783
above the 75 percent poverty threshold, which may include high
784
schools above the 50 percent threshold as permitted by federal
785
law, school districts shall provide any remaining Title I, Part
786
A, Basic funds directly to all eligible schools as provided in
787
this subsection. For purposes of this subsection, an eligible
788
school is a school that is eligible to receive Title I funds,
789
including a charter school. The threshold for identifying
790
eligible schools may not exceed the threshold established by a
791
school district for the 2016-2017 school year or the statewide
792
percentage of economically disadvantaged students, as determined
793
annually.
794
(a) Prior to the allocation of Title I funds to eligible
795
schools, a school district may withhold funds only as follows:
796
1. One percent for parent involvement, in addition to the
797
one percent the district must reserve under federal law for
798
allocations to eligible schools for parent involvement;
799
2. A necessary and reasonable amount for administration
800
which includes the district’s indirect cost rate, not to exceed
801
a total of 10 percent;
802
3. A reasonable and necessary amount to provide:
803
a. Homeless programs;
804
b. Delinquent and neglected programs;
805
c. Prekindergarten programs and activities;
806
d. Private school equitable services; and
807
e. Transportation for foster care children to their school
808
of origin or choice programs;
809
4. Up to 5 percent to provide financial incentives and
810
rewards to teachers who serve students in eligible schools,
811
including charter schools, identified for comprehensive support
812
and improvement activities or targeted support and improvement
813
activities, for the purpose of attracting and retaining
814
qualified and effective teachers, including teachers of any
815
subject or grade level for whom a measurement under s.
816
1012.34(7) or a state-approved Alternative Student Growth Model
817
is unavailable; and
818
5. 4. A necessary and reasonable amount , not to exceed 1
819
percent, for eligible schools , including charter schools, to
820
provide educational services in accordance with the approved
821
Title I plan. Such educational services may include the
822
provision of STEM curricula, instructional materials, and
823
related learning technologies that support academic achievement
824
in science, technology, engineering, and mathematics in Title I
825
schools, including, but not limited to, technologies related to
826
drones, coding, animation, artificial intelligence,
827
cybersecurity, data science, the engineering design process,
828
mobile development, and robotics. Funds may be reserved under
829
this subparagraph only to the extent that all required
830
reservations under federal law have been met and that such
831
reservation does not reduce school-level allocations below the
832
levels required under federal law.
833
(b) All remaining Title I funds shall be distributed to all
834
eligible schools in accordance with federal law and regulation.
835
An eligible school may use funds under this subsection to
836
participate in discretionary educational services provided by
837
the school district. Any funds provided by an eligible school to
838
participate in discretionary educational services provided by
839
the school district are not subject to the requirements of this
840
subsection.
841
(c) Any funds carried forward by the school district are
842
not subject to the requirements of this subsection.
843
(5) The Department of Education shall make funds from Title
844
I, Title II, and Title III programs available to local education
845
agencies for the full period of availability provided in federal
846
law.
847
Section 21. Subsections (2) through (6) of section 1011.71,
848
Florida Statutes, are amended to read:
849
1011.71 District school tax.—
850
(2) In addition to the maximum millage levy as provided in
851
subsection (1), each school board may levy not more than 1.5
852
mills against the taxable value for school purposes for charter
853
schools pursuant to s. 1013.62(1) and (3) and for district
854
schools for operational or capital purposes. to fund:
855
(a) New construction, remodeling projects, sites and site
856
improvement or expansion to new sites, existing sites, auxiliary
857
facilities, athletic facilities, or ancillary facilities.
858
(b) Maintenance, renovation, and repair of existing school
859
plants or of leased facilities to correct deficiencies pursuant
860
to s. 1013.15(2).
861
(c) The purchase, lease-purchase, or lease of school buses.
862
(d) The purchase, lease-purchase, or lease of new and
863
replacement equipment; computer and device hardware and
864
operating system software necessary for gaining access to or
865
enhancing the use of electronic and digital instructional
866
content and resources; and enterprise resource software
867
applications that are classified as capital assets in accordance
868
with definitions of the Governmental Accounting Standards Board,
869
have a useful life of at least 5 years, and are used to support
870
districtwide administration or state-mandated reporting
871
requirements. Enterprise resource software may be acquired by
872
annual license fees, maintenance fees, or lease agreements.
873
(e) Payments for educational facilities and sites due under
874
a lease-purchase agreement entered into by a district school
875
board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
876
exceeding, in the aggregate, an amount equal to three-fourths of
877
the proceeds from the millage levied by a district school board
878
pursuant to this subsection. The three-fourths limit is waived
879
for lease-purchase agreements entered into before June 30, 2009,
880
by a district school board pursuant to this paragraph. If
881
payments under lease-purchase agreements in the aggregate,
882
including lease-purchase agreements entered into before June 30,
883
2009, exceed three-fourths of the proceeds from the millage
884
levied pursuant to this subsection, the district school board
885
may not withhold the administrative fees authorized by s.
886
1002.33(20) from any charter school operating in the school
887
district.
888
(f) Payment of loans approved pursuant to ss. 1011.14 and
889
1011.15.
890
(g) Payment of costs directly related to complying with
891
state and federal environmental statutes, rules, and regulations
892
governing school facilities.
893
(h) Payment of costs of leasing relocatable educational
894
facilities, of renting or leasing educational facilities and
895
sites pursuant to s. 1013.15(2), or of renting or leasing
896
buildings or space within existing buildings pursuant to s.
897
1013.15(4).
898
(i) Payment of the cost of school buses when a school
899
district contracts with a private entity to provide student
900
transportation services if the district meets the requirements
901
of this paragraph.
902
1. The district’s contract must require that the private
903
entity purchase, lease-purchase, or lease, and operate and
904
maintain, one or more school buses of a specific type and size
905
that meet the requirements of s. 1006.25.
906
2. Each such school bus must be used for the daily
907
transportation of public school students in the manner required
908
by the school district.
909
3. Annual payment for each such school bus may not exceed
910
10 percent of the purchase price of the state pool bid.
911
4. The proposed expenditure of the funds for this purpose
912
must have been included in the district school board’s notice of
913
proposed tax for school capital outlay as provided in s.
914
200.065(10).
915
(j) Payment of the cost of the opening day collection for
916
the library media center of a new school.
917
(k) Payment of salaries and benefits for employees whose
918
job duties support activities funded by this subsection.
919
(3) Notwithstanding subsection (2), if the revenue from 1.5
920
mills is insufficient to meet the payments due under a lease
921
purchase agreement entered into before June 30, 2009, by a
922
district school board pursuant to paragraph (2)(e) , or to meet
923
other critical district fixed capital outlay needs, the board,
924
in addition to the 1.5 mills, may levy up to 0.25 mills for
925
fixed capital outlay in lieu of levying an equivalent amount of
926
the discretionary mills for operations as provided in the
927
General Appropriations Act. Millage levied pursuant to this
928
subsection is subject to the provisions of s. 200.065 and,
929
combined with the 1.5 mills authorized in subsection (2), may
930
not exceed 1.75 mills. If the district chooses to use up to 0.25
931
mills for fixed capital outlay, the compression adjustment
932
pursuant to s. 1011.62(5) shall be calculated for the standard
933
discretionary millage that is not eligible for transfer to
934
capital outlay.
935
(4) If the revenue from the millage authorized in
936
subsection (2) is insufficient to make payments due under a
937
lease-purchase agreement entered into prior to June 30, 2008, by
938
a district school board pursuant to paragraph (2)(e ), an amount
939
up to 0.5 mills of the taxable value for school purposes within
940
the school district shall be legally available for such
941
payments, notwithstanding other restrictions on the use of such
942
revenues imposed by law.
943
(5) A school district may expend, subject to s. 200.065, up
944
to $200 per unweighted full-time equivalent student from the
945
revenue generated by the millage levy authorized by subsection
946
(2) to fund, in addition to expenditures authorized in
947
paragraphs (2)(a)-(j), expenses for the following:
948
(a) The purchase, lease-purchase, or lease of driver’s
949
education vehicles; motor vehicles used for the maintenance or
950
operation of plants and equipment; security vehicles; or
951
vehicles used in storing or distributing materials and
952
equipment.
953
(b) Payment of the cost of premiums, as defined in s.
954
627.403, for property and casualty insurance necessary to insure
955
school district educational and ancillary plants. As used in
956
this paragraph, casualty insurance has the same meaning as in s.
957
624.605(1)(b), (d), (f), (g), (h), and (m). Operating revenues
958
that are made available through the payment of property and
959
casualty insurance premiums from revenues generated under this
960
subsection may be expended only for nonrecurring operational
961
expenditures of the school district.
962
(6) Violations of the expenditure provisions in subsection
963
(2) or subsection (5) shall result in an equal dollar reduction
964
in the Florida Education Finance Program (FEFP) funds for the
965
violating district in the fiscal year following the audit
966
citation.
967
Section 22. Paragraph (c) of subsection (1) and paragraph
968
(a) of subsection (3) of section 1012.22, Florida Statutes, are
969
amended to read:
970
1012.22 Public school personnel; powers and duties of the
971
district school board.—The district school board shall:
972
(1) Designate positions to be filled, prescribe
973
qualifications for those positions, and provide for the
974
appointment, compensation, promotion, suspension, and dismissal
975
of employees as follows, subject to the requirements of this
976
chapter:
977
(c) Compensation and salary schedules.—
978
1. Definitions.—As used in this paragraph:
979
a. “Adjustment” means an addition to the base salary
980
schedule that is not a bonus and becomes part of the employee’s
981
permanent base salary and shall be considered compensation under
982
s. 121.021(22).
983
b. “Grandfathered salary schedule” means the salary
984
schedule or schedules adopted by a district school board before
985
July 1, 2014, pursuant to subparagraph 4.
986
c. “Instructional personnel” means instructional personnel
987
as defined in s. 1012.01(2)(a)-(d), excluding substitute
988
teachers.
989
d. “Performance salary schedule” means the salary schedule
990
or schedules adopted by a district school board pursuant to
991
subparagraph 5.
992
e. “Salary schedule” means the schedule or schedules used
993
to provide the base salary for district school board personnel.
994
f. “School administrator” means a school administrator as
995
defined in s. 1012.01(3)(c).
996
g. “Supplement” means an annual addition to the base salary
997
for the term of the negotiated supplement as long as the
998
employee continues his or her employment for the purpose of the
999
supplement. A supplement does not become part of the employee’s
1000
continuing base salary but shall be considered compensation
1001
under s. 121.021(22).
1002
2. Cost-of-living adjustment.—A district school board may
1003
provide a cost-of-living salary adjustment if the adjustment:
1004
a. Does not discriminate among comparable classes of
1005
employees based upon the salary schedule under which they are
1006
compensated.
1007
b. Does not exceed 50 percent of the annual adjustment
1008
provided to instructional personnel rated as effective.
1009
3. Advanced degrees.—A district school board may use
1010
advanced degrees in setting a salary schedule for instructional
1011
personnel or school administrators if the advanced degree is
1012
held in the individual’s area of certification , a field related
1013
to his or her teaching assignment, or a related field of study.
1014
For the purposes of the salary schedule, an advanced degree may
1015
include a master’s degree or higher in the area of certification
1016
or teaching assignment, or an advanced degree in another field
1017
with a minimum of 18 graduate semester hours related to the area
1018
of certification or teaching assignment .
1019
4. Grandfathered salary schedule.—
1020
a. The district school board shall adopt a salary schedule
1021
or salary schedules to be used as the basis for paying all
1022
school employees hired before July 1, 2014. Instructional
1023
personnel on annual contract as of July 1, 2014, shall be placed
1024
on the performance salary schedule adopted under subparagraph 4.
1025
5. Instructional personnel on continuing contract or
1026
professional service contract may opt into the performance
1027
salary schedule if the employee relinquishes such contract and
1028
agrees to be employed on an annual contract under s. 1012.335.
1029
Such an employee shall be placed on the performance salary
1030
schedule and may not return to continuing contract or
1031
professional service contract status. Any employee who opts into
1032
the performance salary schedule may not return to the
1033
grandfathered salary schedule.
1034
b. In determining the grandfathered salary schedule for
1035
instructional personnel, a district school board must base a
1036
portion of each employee’s compensation upon performance
1037
demonstrated under s. 1012.34 and shall provide differentiated
1038
pay for both instructional personnel and school administrators
1039
based upon district-determined factors, including, but not
1040
limited to, additional responsibilities, school demographics,
1041
high-demand teacher needs areas, and level of job performance
1042
difficulties.
1043
5. Performance salary schedule.—By July 1, 2014, the
1044
district school board shall adopt a performance salary schedule
1045
that provides annual salary adjustments for instructional
1046
personnel and school administrators based upon performance
1047
determined under s. 1012.34. Employees hired on or after July 1,
1048
2014, or employees who choose to move from the grandfathered
1049
salary schedule to the performance salary schedule shall be
1050
compensated pursuant to the performance salary schedule once
1051
they have received the appropriate performance evaluation for
1052
this purpose.
1053
a. Base salary.—The base salary shall be established as
1054
follows:
1055
(I) The base salary for instructional personnel or school
1056
administrators who opt into the performance salary schedule
1057
shall be the salary paid in the prior year, including
1058
adjustments only.
1059
(II) Instructional personnel or school administrators new
1060
to the district, returning to the district after a break in
1061
service without an authorized leave of absence, or appointed for
1062
the first time to a position in the district in the capacity of
1063
instructional personnel or school administrator shall be placed
1064
on the performance salary schedule.
1065
b. Salary adjustments.—Salary adjustments for highly
1066
effective or effective performance shall be established as
1067
follows:
1068
(I) The annual salary adjustment under the performance
1069
salary schedule for an employee rated as highly effective must
1070
be at least 25 percent greater than the highest annual salary
1071
adjustment available to an employee of the same classification
1072
through any other salary schedule adopted by the district.
1073
(II) The annual salary adjustment under the performance
1074
salary schedule for an employee rated as effective must be equal
1075
to at least 50 percent and no more than 75 percent of the annual
1076
adjustment provided for a highly effective employee of the same
1077
classification.
1078
(III) A salary schedule may shall not provide an annual
1079
salary adjustment for an employee who receives a rating other
1080
than highly effective or effective for the year.
1081
c. Salary supplements.—In addition to the salary
1082
adjustments, each district school board shall provide for salary
1083
supplements for activities that must include, but are not
1084
limited to:
1085
(I) Assignment to a Title I eligible school.
1086
(II) Assignment to a school that earned a grade of “F” or
1087
three consecutive grades of “D” pursuant to s. 1008.34 such that
1088
the supplement remains in force for at least 1 year following
1089
improved performance in that school.
1090
(III) Certification and teaching in high-demand teacher
1091
needs areas. Statewide high-demand teacher needs areas shall be
1092
identified by the State Board of Education under s. 1012.07.
1093
However, the district school board may identify other areas of
1094
high-demand needs within the school district for purposes of
1095
this sub-sub-subparagraph and may remove areas identified by the
1096
state board which do not apply within the school district.
1097
(IV) Assignment of additional academic responsibilities.
1099
If budget constraints in any given year limit a district school
1100
board’s ability to fully fund all adopted salary schedules, the
1101
performance salary schedule may shall not be reduced on the
1102
basis of total cost or the value of individual awards in a
1103
manner that is proportionally greater than reductions to any
1104
other salary schedules adopted by the district. Any compensation
1105
for longevity of service awarded to instructional personnel who
1106
are on any other salary schedule must be included in calculating
1107
the salary adjustments required by sub-subparagraph b.
1108
(3)(a) Collective bargaining.—Notwithstanding provisions of
1109
chapter 447 related to district school board collective
1110
bargaining, collective bargaining may not preclude a district
1111
school board from carrying out its constitutional and statutory
1112
duties related to the following:
1113
1. Providing incentives to effective and highly effective
1114
teachers.
1115
2. Implementing intervention and support strategies under
1116
s. 1008.33 to address the causes of low student performance and
1117
improve student academic performance and attendance.
1118
3. Implementing student discipline provisions required by
1119
law, including a review of a student’s abilities, past
1120
performance, behavior, and needs.
1121
4. Implementing school safety plans and requirements.
1122
5. Implementing staff and student recognition programs.
1123
6. Distributing correspondence to parents, teachers, and
1124
community members related to the daily operation of schools and
1125
the district.
1126
7. Providing any required notice or copies of information
1127
related to the district school board or district operations
1128
which is readily available on the school district’s website.
1129
8. The school district’s calendar.
1130
9. Providing salary supplements pursuant to sub-sub
1131
subparagraph (1)(c)5.c.(III).
1132
Section 23. Present paragraphs (b) and (c) of subsection
1133
(1) of section 1012.335, Florida Statutes, are redesignated as
1134
paragraphs (c) and (d), respectively, a new paragraph (b) is
1135
added to that subsection, paragraphs (d), (e), and (f) are added
1136
to subsection (2) of that section, and subsections (3) and (4)
1137
of that section are amended, to read:
1138
1012.335 Contracts with instructional personnel hired on or
1139
after July 1, 2011.—
1140
(1) DEFINITIONS.—As used in this section, the term:
1141
(b) “Instructional multiyear contract,” beginning July 1,
1142
2026, means an employment contract for a period not to exceed 3
1143
years which the district school board may choose to award to
1144
instructional personnel upon completion of a probationary
1145
contract and at least one annual contract.
1146
(2) EMPLOYMENT.—
1147
(d) An instructional multiyear contract may be awarded,
1148
beginning July 1, 2026, only if the employee:
1149
1. Holds an active professional certificate issued pursuant
1150
to s. 1012.56 and rules of the State Board of Education;
1151
2. Has been recommended by the district school
1152
superintendent for the instructional multiyear contract based
1153
upon the individual’s evaluation under s. 1012.34 and approved
1154
by the district school board; and
1155
3. Has not received an annual performance evaluation rating
1156
of unsatisfactory or needs improvement in the past 3 years under
1157
s. 1012.34.
1158
(e) An employee awarded an instructional multiyear contract
1159
who receives an annual performance evaluation rating of
1160
unsatisfactory or needs improvement under s. 1012.34 must be
1161
returned to an annual contract in the following school year.
1162
Such evaluation rating must be included with the evaluation
1163
ratings under subsequent annual contracts for determinations of
1164
just cause under s. 1012.33.
1165
(f) The award of an instructional multiyear contract does
1166
not remove the authority of the district school superintendent
1167
to reassign a teacher during the term of the contract.
1168
(3) VIOLATION OF ANNUAL OR INSTRUCTIONAL MULTIYEAR
1169
CONTRACT.—Instructional personnel who accept a written offer
1170
from the district school board and who leave their positions
1171
without prior release from the district school board are subject
1172
to the jurisdiction of the Education Practices Commission.
1173
(4) SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON
1174
ANNUAL OR INSTRUCTIONAL MULTIYEAR CONTRACT.—Any instructional
1175
personnel with an annual or instructional multiyear contract may
1176
be suspended or dismissed at any time during the term of the
1177
contract for just cause as provided in subsection (5). The
1178
district school board shall notify the employee in writing
1179
whenever charges are made and may suspend such person without
1180
pay. However, if the charges are not sustained, the employee
1181
must shall be immediately reinstated and his or her back pay
1182
must shall be paid. If the employee wishes to contest the
1183
charges, he or she must, within 15 days after receipt of the
1184
written notice, submit a written request for a hearing to the
1185
district school board. A direct hearing must shall be conducted
1186
by the district school board or a subcommittee thereof within 60
1187
days after receipt of the written appeal. The hearing must shall
1188
be conducted in accordance with ss. 120.569 and 120.57. A
1189
majority vote of the membership of the district school board
1190
shall be required to sustain the district school
1191
superintendent’s recommendation. The district school board’s
1192
determination is final as to the sufficiency or insufficiency of
1193
the grounds for suspension without pay or dismissal. Any such
1194
decision adverse to the employee may be appealed by the employee
1195
pursuant to s. 120.68.
1196
Section 24. Paragraph (c) of subsection (1) of section
1197
1012.39, Florida Statutes, is amended to read:
1198
1012.39 Employment of substitute teachers, teachers of
1199
adult education, nondegreed teachers of career education, and
1200
career specialists and nondegreed teachers of fine and
1201
performing arts; students performing clinical field experience.—
1202
(1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
1203
1012.57, or any other provision of law or rule to the contrary,
1204
each district school board shall establish the minimal
1205
qualifications for:
1206
(c) Part-time and full-time nondegreed teachers of career
1207
programs. Qualifications must be established for nondegreed
1208
teachers of career and technical education courses for program
1209
clusters that are recognized in the state and are based
1210
primarily on successful occupational experience rather than
1211
academic training. The qualifications for such teachers must
1212
require:
1213
1. The filing of a complete set of fingerprints in the same
1214
manner as required by s. 1012.32. Faculty employed solely to
1215
conduct postsecondary instruction may be exempted from this
1216
requirement.
1217
2. Documentation of education and successful occupational
1218
experience , including documentation of:
1219
a. A high school diploma or the equivalent.
1220
b. Completion of a minimum level, established by the
1221
district school board, 3 years of full-time successful
1222
occupational experience or the equivalent of part-time
1223
experience in the teaching specialization area. The district
1224
school board may establish alternative qualifications for
1225
teachers with an industry certification in the career area in
1226
which they teach.
1227
c. For full-time teachers, completion of professional
1228
education training in teaching methods, course construction,
1229
lesson planning and evaluation, and teaching special needs
1230
students. This training may be completed through coursework from
1231
an accredited or approved institution or an approved district
1232
teacher education program, or the local school district
1233
inservice master plan.
1234
d. Documentation of industry certification when state or
1235
national industry certifications are available and applicable.
1236
Section 25. Paragraphs (a), (b), (d), and (e) of subsection
1237
(2) of section 1012.555, Florida Statutes, are amended to read:
1238
1012.555 Teacher Apprenticeship Program.—
1239
(2)(a) An individual must meet the following minimum
1240
eligibility requirements to participate in the apprenticeship
1241
program:
1242
1. Be enrolled in or have completed Have received an
1243
associate degree program at from an accredited postsecondary
1244
institution.
1245
2. Have earned a cumulative grade point average of 2.5 in
1246
that degree program.
1247
3. Have successfully passed a background screening as
1248
provided in s. 1012.32.
1249
4. Have received a temporary apprenticeship certificate as
1250
provided in s. 1012.56(7)(d).
1251
(b) As a condition of participating in the program, an
1252
apprentice teacher must commit to spending at least the first 2
1253
years in the classroom of a mentor teacher using team teaching
1254
strategies identified in s. 1003.03(4)(b) s. 1003.03(5)(b) and
1255
fulfilling the on-the-job training component of the registered
1256
apprenticeship and its associated standards.
1257
(d) An apprentice teacher must be appointed by the district
1258
school board or work in the district as an education
1259
paraprofessional and must be paid in accordance with s. 446.032
1260
and rules adopted by the State Board of Education.
1261
(e) An apprentice teacher may change schools or districts
1262
after the first year of his or her apprenticeship if the
1263
receiving hiring school or district has agreed to fund the
1264
remaining year of the apprenticeship.
1265
Section 26. Paragraph (g) of subsection (2), subsection
1266
(7), and paragraph (a) of subsection (8) of section 1012.56,
1267
Florida Statutes, are amended to read:
1268
1012.56 Educator certification requirements.—
1269
(2) ELIGIBILITY CRITERIA.—To be eligible to seek
1270
certification, a person must:
1271
(g) Demonstrate mastery of general knowledge pursuant to
1272
subsection (3) , if the person serves as a classroom teacher as
1273
defined in s. 1012.01(2)(a) .
1274
(7) TYPES AND TERMS OF CERTIFICATION.—
1275
(a) The Department of Education shall issue a professional
1276
certificate for a period not to exceed 5 years to any applicant
1277
who fulfills one of the following:
1278
1. Meets all the applicable requirements outlined in
1279
subsection (2).
1280
2. For a professional certificate covering grades 6 through
1281
12:
1282
a. Meets the applicable requirements of paragraphs (2)(a)
1283
(h).
1284
b. Holds a master’s or higher degree in the area of
1285
science, technology, engineering, or mathematics.
1286
c. Teaches a high school course in the subject of the
1287
advanced degree.
1288
d. Is rated highly effective as determined by the teacher’s
1289
performance evaluation under s. 1012.34, based in part on
1290
student performance as measured by a statewide, standardized
1291
assessment or an Advanced Placement, Advanced International
1292
Certificate of Education, or International Baccalaureate
1293
examination.
1294
e. Achieves a passing score on the Florida professional
1295
education competency examination required by state board rule.
1296
3. Meets the applicable requirements of paragraphs (2)(a)
1297
(h) and completes a professional learning certification program
1298
approved by the department pursuant to paragraph (8)(c) or an
1299
educator preparation institute approved by the department
1300
pursuant to s. 1004.85. An applicant who completes one of these
1301
programs and is rated highly effective as determined by his or
1302
her performance evaluation under s. 1012.34 is not required to
1303
take or achieve a passing score on the professional education
1304
competency examination in order to be awarded a professional
1305
certificate.
1306
(b) The department shall issue a temporary certificate to
1307
any applicant who:
1308
1. Completes the requirements outlined in paragraphs
1309
(2)(a)-(f) and completes the subject area content requirements
1310
specified in state board rule or demonstrates mastery of subject
1311
area knowledge pursuant to subsection (5) and holds an
1312
accredited degree or a degree approved by the Department of
1313
Education at the level required for the subject area
1314
specialization in state board rule;
1315
2. For a subject area specialization for which the state
1316
board otherwise requires a bachelor’s degree, documents 48
1317
months of active-duty military service with an honorable
1318
discharge or a medical separation; completes the requirements
1319
outlined in paragraphs (2)(a), (b), and (d)-(f); completes the
1320
subject area content requirements specified in state board rule
1321
or demonstrates mastery of subject area knowledge pursuant to
1322
subsection (5); and documents completion of 60 college credits
1323
with a minimum cumulative grade point average of 2.5 on a 4.0
1324
scale, as provided by one or more accredited institutions of
1325
higher learning or a nonaccredited institution of higher
1326
learning identified by the Department of Education as having a
1327
quality program resulting in a bachelor’s degree or higher; or
1328
3. Is enrolled in a state-approved teacher preparation
1329
program under s. 1004.04; is actively completing the required
1330
program field experience or internship at a public school;
1331
completes the requirements outlined in paragraphs (2)(a), (b),
1332
and (d)-(f); completes the subject area content requirements
1333
specified in state board rule or demonstrates mastery of subject
1334
area knowledge pursuant to subsection (5); and documents
1335
completion of 60 college credits with a minimum cumulative grade
1336
point average of 2.5 on a 4.0 scale, as provided by one or more
1337
accredited institutions of higher learning or a nonaccredited
1338
institution of higher learning identified by the Department of
1339
Education as having a quality program resulting in a bachelor’s
1340
degree or higher.
1341
(c) The department shall issue one nonrenewable 2-year
1342
temporary certificate and one nonrenewable 5-year professional
1343
certificate to a qualified applicant who holds a bachelor’s
1344
degree in the area of speech-language impairment to allow for
1345
completion of a master’s degree program in speech-language
1346
impairment.
1347
(d) The department shall issue a temporary apprenticeship
1348
certificate to any applicant who meets the requirements of
1349
paragraphs (2)(a), (b), and (d)-(f).
1350
(e) A person who is issued a temporary certificate under
1351
paragraph (b) must be assigned a teacher mentor for a minimum of
1352
2 school years after commencing employment. Each teacher mentor
1353
selected by the school district, charter school, or charter
1354
management organization must:
1355
1. Hold a valid professional certificate issued pursuant to
1356
this section;
1357
2. Have earned at least 3 years of teaching experience in
1358
prekindergarten through grade 12; and
1359
3. Have earned an effective or highly effective rating on
1360
the prior year’s performance evaluation under s. 1012.34.
1361
(f)1. A temporary certificate is valid for 5 school fiscal
1362
years, is limited to a one-time issuance, and is nonrenewable.
1363
2. A temporary apprenticeship certificate issued under
1364
paragraph (d) is valid for 5 school years, may be issued only
1365
once, and is nonrenewable.
1366
(g) A certificateholder may request that her or his
1367
certificate be placed in an inactive status. A certificate that
1368
has been inactive may be reactivated upon application to the
1369
department. The department shall prescribe, by rule,
1370
professional learning requirements as a condition of
1371
reactivating a certificate that has been inactive for more than
1372
1 year.
1373
(h) A school district or a regional education consortium
1374
may issue temporary certificates, based on the requirements in
1375
paragraph (b). School districts and regional education consortia
1376
shall report the number of such certificates issued, and any
1377
additional information, to the department, based on reporting
1378
requirements adopted by the State Board of Education. Such
1379
certificates are subject to the authority of the Education
1380
Practices Commission under s. 1012.795.
1382
At least 1 year before an individual’s department-issued
1383
temporary certificate is set to expire, the department shall
1384
electronically notify the individual of the date on which his or
1385
her certificate will expire and provide a list of each method by
1386
which the qualifications for a professional certificate can be
1387
completed.
1388
(8) PROFESSIONAL LEARNING CERTIFICATION PROGRAM.—
1389
(a) The Department of Education shall develop and each
1390
school district, charter school, and charter management
1391
organization may provide a cohesive competency-based
1392
professional learning certification program by which
1393
instructional staff may satisfy the mastery of professional
1394
preparation and education competence requirements specified in
1395
subsection (6) and rules of the State Board of Education.
1396
Participants must hold a state-issued temporary certificate. A
1397
school district, charter school, or charter management
1398
organization that implements the program shall provide a
1399
competency-based certification program developed by the
1400
Department of Education or developed by the district, charter
1401
school, or charter management organization and approved by the
1402
Department of Education. These entities may collaborate with
1403
other supporting agencies or educational entities for
1404
implementation. The program shall include the following:
1405
1. A teacher mentorship and induction component.
1406
a. Each individual selected by the district, charter
1407
school, or charter management organization as a mentor:
1408
(I) Must hold a valid professional certificate issued
1409
pursuant to this section;
1410
(II) Must have earned at least 3 years of teaching
1411
experience in prekindergarten through grade 12;
1412
(III) Must have completed training in clinical supervision
1413
and participate in ongoing mentor training provided through the
1414
coordinated system of professional learning under s. 1012.98(4);
1415
(IV) Must have earned an effective or highly effective
1416
rating on the prior year’s performance evaluation; and
1417
(V) May be a peer evaluator under the district’s evaluation
1418
system approved under s. 1012.34.
1419
b. The teacher mentorship and induction component must, at
1420
a minimum, provide routine opportunities for mentoring and
1421
induction activities, including ongoing professional learning as
1422
described in s. 1012.98 targeted to a teacher’s needs,
1423
opportunities for a teacher to observe other teachers, co
1424
teaching experiences, and reflection and follow-up followup
1425
discussions. Professional learning must meet the criteria
1426
established in s. 1012.98(3). Mentorship and induction
1427
activities must be provided for an applicant’s first year in the
1428
program and may be provided until the applicant attains his or
1429
her professional certificate in accordance with this section.
1430
2. An assessment of teaching performance aligned to the
1431
district’s, charter school’s, or charter management
1432
organization’s system for personnel evaluation under s. 1012.34
1433
which provides for:
1434
a. An initial evaluation of each educator’s competencies to
1435
determine an appropriate individualized professional learning
1436
plan.
1437
b. A summative evaluation to assure successful completion
1438
of the program.
1439
3. Professional education preparation content knowledge,
1440
which must be included in the mentoring and induction activities
1441
under subparagraph 1., that includes, but is not limited to, the
1442
following:
1443
a. The state academic standards provided under s. 1003.41,
1444
including scientifically researched and evidence-based reading
1445
instructional strategies grounded in the science of reading,
1446
content literacy, and mathematical practices, for each subject
1447
identified on the temporary certificate. Reading instructional
1448
strategies for foundational skills shall include phonics
1449
instruction for decoding and encoding as the primary
1450
instructional strategy for word reading. Instructional
1451
strategies may not employ the three-cueing system model of
1452
reading or visual memory as a basis for teaching word reading.
1453
Instructional strategies may include visual information and
1454
strategies which improve background and experiential knowledge,
1455
add context, and increase oral language and vocabulary to
1456
support comprehension, but may not be used to teach word
1457
reading.
1458
b. The educator-accomplished practices approved by the
1459
state board.
1460
4. Required achievement of passing scores on the subject
1461
area and professional education competency examination required
1462
by State Board of Education rule. Mastery of general knowledge
1463
must be demonstrated as described in subsection (3).
1464
5. Beginning with candidates entering a program in the
1465
2022-2023 school year, a candidate for certification in a
1466
coverage area identified pursuant to s. 1012.585(3)(g) s.
1467
1012.585(3)(f) must successfully complete all competencies for a
1468
reading endorsement, including completion of the endorsement
1469
practicum.
1470
Section 27. Paragraph (a) of subsection (2), subsection
1471
(3), and paragraph (b) of subsection (5) of section 1012.585,
1472
Florida Statutes, are amended to read:
1473
1012.585 Process for renewal of professional certificates.—
1474
(2)(a) All professional certificates, except a nonrenewable
1475
professional certificate, are shall be renewable for successive
1476
periods not to exceed 10 5 years after the date of submission of
1477
documentation of completion of the requirements for renewal
1478
provided in subsection (3). Only one renewal may be granted
1479
during each 5-year or 10-year validity period of a professional
1480
certificate.
1481
1. An applicant who is rated highly effective, pursuant to
1482
s. 1012.34, in the first 4 years of the 5-year validity period
1483
of his or her professional certificate is eligible for a
1484
professional certificate valid for 10 years. An applicant must
1485
be issued at least one 5-year professional certificate to be
1486
eligible for a 10-year professional certificate. An applicant
1487
who does not meet the requirement of this subparagraph is
1488
eligible only to renew his or her 5-year professional
1489
certificate.
1490
2. An applicant who is rated effective or highly effective,
1491
pursuant to s. 1012.34, for the first 9 years of the 10-year
1492
validity period of his or her professional certificate is
1493
eligible to renew a professional certificate valid for 10 years.
1494
An applicant issued a 10-year professional certificate who does
1495
not meet the requirement of this subparagraph is eligible only
1496
for renewal of a professional certificate valid for 5 years.
1497
(3) For the renewal of a professional certificate, the
1498
following requirements must be met:
1499
(a) The applicant must :
1500
1. Earn a minimum of 6 college credits or 120 inservice
1501
points or a combination thereof for a certificate valid for 5
1502
years .
1503
2. Earn a minimum of 12 college credits or 240 inservice
1504
points or a combination thereof for a professional certificate
1505
valid for 10 years. A minimum of 5 college credits or 100
1506
inservice points or a combination thereof must be earned within
1507
the first 5 years of a professional certificate valid for 10
1508
years.
1509
(b) For each area of specialization to be retained on a
1510
certificate, the applicant must earn at least 3 of the required
1511
credit hours or equivalent inservice points in the
1512
specialization area. Education in “clinical educator” training
1513
pursuant to s. 1004.04(5)(b); participation in mentorship and
1514
induction activities, including as a mentor, pursuant to s.
1515
1012.56(8)(a); credits or points that provide training in the
1516
knowledge and skills required to support students with autism;
1517
and credits or points that provide training in the area of
1518
scientifically researched, knowledge-based reading literacy
1519
grounded in the science of reading, including explicit,
1520
systematic, and sequential approaches to reading instruction,
1521
developing phonemic awareness, and implementing multisensory
1522
intervention strategies, and computational skills acquisition,
1523
exceptional student education, normal child development, and the
1524
disorders of development may be applied toward any
1525
specialization area. Credits or points that provide training in
1526
the areas of drug abuse, child abuse and neglect, strategies in
1527
teaching students having limited proficiency in English, or
1528
dropout prevention, or training in areas identified in the
1529
educational goals and performance standards adopted pursuant to
1530
ss. 1000.03(5) and 1008.345 may be applied toward any
1531
specialization area, except specialization areas identified by
1532
State Board of Education rule that include reading instruction
1533
or intervention for any students in kindergarten through grade
1534
6. Each district school board shall include in its inservice
1535
master plan the ability for teachers to receive inservice points
1536
for supporting students in extracurricular career and technical
1537
education activities, such as career and technical student
1538
organization activities outside of regular school hours and
1539
training related to supervising students participating in a
1540
career and technical student organization. Credits or points
1541
earned through approved summer institutes may be applied toward
1542
the fulfillment of these requirements. Inservice points may also
1543
be earned by participation in professional growth components
1544
approved by the State Board of Education and specified pursuant
1545
to s. 1012.98 in the district’s approved master plan for
1546
inservice educational training; however, such points may not be
1547
used to satisfy the specialization requirements of this
1548
paragraph.
1549
(c) (b) In lieu of college course credit or inservice
1550
points, the applicant may renew a subject area specialization by
1551
passage of a state board approved Florida-developed subject area
1552
examination or, if a Florida subject area examination has not
1553
been developed, a standardized examination specified in state
1554
board rule.
1555
(d) (c) If an applicant wishes to retain more than two
1556
specialization areas on the certificate, the applicant must
1557
shall be permitted two successive validity periods for renewal
1558
of all specialization areas, but must earn no fewer than 6
1559
college course credit hours or the equivalent inservice points
1560
in any one validity period.
1561
(e) (d) The State Board of Education shall adopt rules for
1562
the expanded use of training for renewal of the professional
1563
certificate for educators who are required to complete training
1564
in teaching students of limited English proficiency or students
1565
with disabilities and training in the teaching of reading as
1566
follows:
1567
1. A teacher who holds a professional certificate may use
1568
college credits or inservice points earned through training in
1569
teaching students of limited English proficiency or students
1570
with disabilities and training in the teaching of reading in
1571
excess of 6 semester hours during one certificate-validity
1572
period toward renewal of the professional certificate during the
1573
subsequent validity periods.
1574
2. A teacher who holds a temporary certificate may use
1575
college credits or inservice points earned through training in
1576
teaching students of limited English proficiency or students
1577
with disabilities and training in the teaching of reading toward
1578
renewal of the teacher’s first professional certificate. Such
1579
training must not have been included within the degree program,
1580
and the teacher’s temporary and professional certificates must
1581
be issued for consecutive school years.
1582
(f) (e) Beginning July 1, 2014, an applicant for renewal of
1583
a professional certificate must earn a minimum of one college
1584
credit or the equivalent inservice points in the area of
1585
instruction for teaching students with disabilities. The
1586
requirement in this paragraph may not add to the total hours
1587
required by the department for continuing education or inservice
1588
training.
1589
(g) (f) An applicant for renewal of a professional
1590
certificate in any area of certification identified by State
1591
Board of Education rule that includes reading instruction or
1592
intervention for any students in kindergarten through grade 6,
1593
with a beginning validity date of July 1, 2020, or thereafter,
1594
must earn a minimum of 2 college credits or the equivalent
1595
inservice points in evidence-based instruction and interventions
1596
grounded in the science of reading specifically designed for
1597
students with characteristics of dyslexia, including the use of
1598
explicit, systematic, and sequential approaches to reading
1599
instruction, developing phonological and phonemic awareness,
1600
decoding, and implementing multisensory intervention strategies.
1601
Such training must be provided by teacher preparation programs
1602
under s. 1004.04 or s. 1004.85 or approved school district
1603
professional learning systems under s. 1012.98. The requirements
1604
in this paragraph may not add to the total hours required by the
1605
department for continuing education or inservice training.
1606
(h) (g) An applicant for renewal of a professional
1607
certificate in educational leadership from a Level I program
1608
under s. 1012.562(2) or Level II program under s. 1012.562(3),
1609
with a beginning validity date of July 1, 2025, or thereafter,
1610
must earn a minimum of 1 college credit or 20 inservice points
1611
in Florida’s educational leadership standards, as established in
1612
rule by the State Board of Education. The requirement in this
1613
paragraph may not add to the total hours required by the
1614
department for continuing education or inservice training.
1615
(i) (h) A teacher may earn inservice points only once during
1616
each 5-year validity period for any mandatory training topic
1617
that is not linked to student learning or professional growth.
1618
(5) The State Board of Education shall adopt rules to allow
1619
the reinstatement of expired professional certificates. The
1620
department may reinstate an expired professional certificate if
1621
the certificateholder:
1622
(b) Documents completion of 6 college credits during the 5
1623
years immediately preceding reinstatement of the expired
1624
certificate, completion of 120 inservice points, or a
1625
combination thereof, in an area specified in paragraph (3)(b)
1626
(3)(a) to include the credit required under paragraph (3)(f)
1627
(3)(e) .
1629
The requirements of this subsection may not be satisfied by
1630
subject area examinations or college credits completed for
1631
issuance of the certificate that has expired.
1632
Section 28. Section 1013.19, Florida Statutes, is amended
1633
to read:
1634
1013.19 Purchase, conveyance, or encumbrance of property
1635
interests above surface of land; joint-occupancy structures.—For
1636
the purpose of implementing jointly financed construction
1637
project agreements, or for the construction of combined
1638
occupancy structures, any board may purchase, own, convey, sell,
1639
lease, or encumber airspace or any other interests in property
1640
above the surface of the land, provided the lease of airspace
1641
for nonpublic use is for such reasonable rent, length of term,
1642
and conditions as the board in its discretion may determine. All
1643
proceeds from such sale or lease shall be used by a the board of
1644
trustees for a Florida College System institution or state
1645
university or boards receiving the proceeds solely for fixed
1646
capital outlay purposes. These purposes may include the
1647
renovation or remodeling of existing facilities owned by the
1648
board or the construction of new facilities; however, for a
1649
Florida College System institution board or university board,
1650
such new facility must be authorized by the Legislature. It is
1651
declared that the use of such rental by the board for public
1652
purposes in accordance with its statutory authority is a public
1653
use. Airspace or any other interest in property held by the
1654
Board of Trustees of the Internal Improvement Trust Fund or the
1655
State Board of Education may not be divested or conveyed without
1656
approval of the respective board. Any building, including any
1657
building or facility component that is common to both nonpublic
1658
and educational portions thereof, constructed in airspace that
1659
is sold or leased for nonpublic use pursuant to this section is
1660
subject to all applicable state, county, and municipal
1661
regulations pertaining to land use, zoning, construction of
1662
buildings, fire protection, health, and safety to the same
1663
extent and in the same manner as such regulations would be
1664
applicable to the construction of a building for nonpublic use
1665
on the appurtenant land beneath the subject airspace. Any
1666
educational facility constructed or leased as a part of a joint
1667
occupancy facility is subject to all rules and requirements of
1668
the respective boards or departments having jurisdiction over
1669
educational facilities. Any contract executed by a university
1670
board of trustees pursuant to this section is subject to the
1671
provisions of s. 1010.62.
1672
Section 29. Section 1013.35, Florida Statutes, is amended
1673
to read:
1674
1013.35 School district educational facilities plan;
1675
definitions; preparation, adoption, and amendment; long-term
1676
work programs.—
1677
(1) DEFINITIONS.—As used in this section, the term:
1678
(a) “Adopted educational facilities plan” means the
1679
comprehensive planning document that is adopted annually by the
1680
district school board as provided in subsection (2) and that
1681
contains the educational plant survey.
1682
(b) “District facilities work program” means the 5-year
1683
listing of capital outlay projects adopted by the district
1684
school board as provided in subparagraph (2)(a)2. and paragraph
1685
(2)(b) as part of the district educational facilities plan,
1686
which is required in order to:
1687
1. Properly maintain the educational plant and ancillary
1688
facilities of the district.
1689
2. Provide an adequate number of satisfactory student
1690
stations for the projected student enrollment of the district in
1691
K-12 programs.
1692
(c) “Tentative educational facilities plan” means the
1693
comprehensive planning document prepared annually by the
1694
district school board and submitted to the Office of Educational
1695
Facilities and the affected general-purpose local governments.
1696
(2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
1697
FACILITIES PLAN.—
1698
(a) Annually, before prior to the adoption of the district
1699
school budget, each district school board shall prepare a
1700
tentative district educational facilities plan that includes
1701
long-range planning for facilities needs over 5-year, 10-year,
1702
and 20-year periods . The district school board shall submit the
1703
tentative facilities plan to the department The plan must be
1704
developed in coordination with the general-purpose local
1705
governments and be consistent with the local government
1706
comprehensive plans . The school board’s plan for provision of
1707
new schools must meet the needs of all growing communities in
1708
the district, ranging from small rural communities to large
1709
urban cities. The plan must include:
1710
1. Projected student populations apportioned geographically
1711
at the local level. The projections must be based on information
1712
produced by the demographic, revenue, and education estimating
1713
conferences pursuant to s. 216.136, where available, as modified
1714
by the district based on development data and agreement with the
1715
local governments and the Office of Educational Facilities. The
1716
projections must be apportioned geographically with assistance
1717
from the local governments using local development trend data
1718
and the school district student enrollment data.
1719
2. An inventory of existing school facilities. Any
1720
anticipated expansions or closures of existing school sites over
1721
the 5-year, 10-year, and 20-year periods must be identified. The
1722
inventory must include an assessment of areas proximate to
1723
existing schools and identification of the need for improvements
1724
to infrastructure, safety, including safe access routes, and
1725
conditions in the community. The plan must also provide a
1726
listing of major repairs and renovation projects anticipated
1727
over the period of the plan.
1728
3. Projections of facilities space needs, which may not
1729
exceed the norm space and occupant design criteria established
1730
in the State Requirements for Educational Facilities.
1731
4. Information on leased, loaned, and donated space and
1732
relocatables used for conducting the district’s instructional
1733
programs.
1734
5. The general location of public schools proposed to be
1735
constructed over the 5-year, 10-year, and 20-year time periods,
1736
including a listing of the proposed schools’ site acreage needs
1737
and anticipated capacity and maps showing the general locations.
1738
The school board’s identification of general locations of future
1739
school sites must be based on the school siting requirements of
1740
s. 163.3177(6)(a) and policies in the comprehensive plan which
1741
provide guidance for appropriate locations for school sites.
1742
6. The identification of options deemed reasonable and
1743
approved by the school board which reduce the need for
1744
additional permanent student stations. Such options may include,
1745
but need not be limited to:
1746
a. Acceptable capacity;
1747
b. Redistricting;
1748
c. Busing;
1749
d. Year-round schools;
1750
e. Charter schools;
1751
f. Magnet schools; and
1752
g. Public-private partnerships.
1753
7. The criteria and method, jointly determined by the local
1754
government and the school board, for determining the impact of
1755
proposed development to public school capacity.
1756
(b) The plan must also include a financially feasible
1757
district facilities work program for a 5-year period. The work
1758
program must include:
1759
1. A schedule of major repair and renovation projects
1760
necessary to maintain the educational facilities and ancillary
1761
facilities of the district.
1762
2. A schedule of capital outlay projects necessary to
1763
ensure the availability of satisfactory student stations for the
1764
projected student enrollment in K-12 programs. This schedule
1765
shall consider:
1766
a. The locations, capacities, and planned utilization rates
1767
of current educational facilities of the district. The capacity
1768
of existing satisfactory facilities, as reported in the Florida
1769
Inventory of School Houses must be compared to the capital
1770
outlay full-time-equivalent student enrollment as determined by
1771
the department, including all enrollment used in the calculation
1772
of the distribution formula in s. 1013.64.
1773
b. The proposed locations of planned facilities, whether
1774
those locations are consistent with the comprehensive plans of
1775
all affected local governments, and recommendations for
1776
infrastructure and other improvements to land adjacent to
1777
existing facilities. The provisions of ss. 1013.33(6), (7), and
1778
(8) and 1013.36 must be addressed for new facilities planned
1779
within the first 3 years of the work plan, as appropriate.
1780
c. Plans for the use and location of relocatable
1781
facilities, leased facilities, and charter school facilities.
1782
d. Plans for multitrack scheduling, grade level
1783
organization, block scheduling, or other alternatives that
1784
reduce the need for additional permanent student stations.
1785
e. Information concerning average class size and
1786
utilization rate by grade level within the district which will
1787
result if the tentative district facilities work program is
1788
fully implemented.
1789
f. The number and percentage of district students planned
1790
to be educated in relocatable facilities during each year of the
1791
tentative district facilities work program. For determining
1792
future needs, student capacity may not be assigned to any
1793
relocatable classroom that is scheduled for elimination or
1794
replacement with a permanent educational facility in the current
1795
year of the adopted district educational facilities plan and in
1796
the district facilities work program adopted under this section.
1797
Those relocatable classrooms clearly identified and scheduled
1798
for replacement in a school-board-adopted, financially feasible,
1799
5-year district facilities work program shall be counted at zero
1800
capacity at the time the work program is adopted and approved by
1801
the school board. However, if the district facilities work
1802
program is changed and the relocatable classrooms are not
1803
replaced as scheduled in the work program, the classrooms must
1804
be reentered into the system and be counted at actual capacity.
1805
Relocatable classrooms may not be perpetually added to the work
1806
program or continually extended for purposes of circumventing
1807
this section. All relocatable classrooms not identified and
1808
scheduled for replacement, including those owned, lease
1809
purchased, or leased by the school district, must be counted at
1810
actual student capacity. The district educational facilities
1811
plan must identify the number of relocatable student stations
1812
scheduled for replacement during the 5-year survey period and
1813
the total dollar amount needed for that replacement.
1814
g. Plans for the closure of any school, including plans for
1815
disposition of the facility or usage of facility space, and
1816
anticipated revenues.
1817
h. Projects for which capital outlay and debt service funds
1818
accruing under s. 9(d), Art. XII of the State Constitution are
1819
to be used shall be identified separately in priority order on a
1820
project priority list within the district facilities work
1821
program.
1822
3. The projected cost for each project identified in the
1823
district facilities work program. For proposed projects for new
1824
student stations, a schedule shall be prepared comparing the
1825
planned cost and square footage for each new student station, by
1826
elementary, middle, and high school levels, to the low, average,
1827
and high cost of facilities constructed throughout the state
1828
during the most recent fiscal year for which data is available
1829
from the Department of Education.
1830
4. A schedule of estimated capital outlay revenues from
1831
each currently approved source which is estimated to be
1832
available for expenditure on the projects included in the
1833
district facilities work program.
1834
5. A schedule indicating which projects included in the
1835
district facilities work program will be funded from current
1836
revenues projected in subparagraph 4.
1837
6. A schedule of options for the generation of additional
1838
revenues by the district for expenditure on projects identified
1839
in the district facilities work program which are not funded
1840
under subparagraph 5. Additional anticipated revenues may
1841
include Classrooms First funds.
1842
(c) To the extent available, the tentative district
1843
educational facilities plan shall be based on information
1844
produced by the demographic, revenue, and education estimating
1845
conferences pursuant to s. 216.136.
1846
(2) (d) Provision must shall be made for public comment
1847
concerning the tentative district educational facilities plan.
1848
(e) The district school board shall coordinate with each
1849
affected local government to ensure consistency between the
1850
tentative district educational facilities plan and the local
1851
government comprehensive plans of the affected local governments
1852
during the development of the tentative district educational
1853
facilities plan.
1854
(3) (f) Not less than once every 5 years, the district
1855
school board shall have an audit conducted of the district’s
1856
educational planning and construction activities. An operational
1857
audit conducted by the Auditor General pursuant to s. 11.45
1858
satisfies this requirement.
1859
(4) (3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
1860
FACILITIES PLAN TO LOCAL GOVERNMENT.— The district school board
1861
shall submit a copy of its tentative district educational
1862
facilities plan to all affected local governments before prior
1863
to adoption by the board. The affected local governments may
1864
shall review the tentative district educational facilities plan
1865
and comment to the district school board on the consistency of
1866
the plan with the local comprehensive plan, whether a
1867
comprehensive plan amendment will be necessary for any proposed
1868
educational facility, and whether the local government supports
1869
a necessary comprehensive plan amendment. If the local
1870
government does not support a comprehensive plan amendment for a
1871
proposed educational facility, the matter must shall be resolved
1872
pursuant to the interlocal agreement when required by ss.
1873
163.3177(6)(h), 163.31777, and 1013.33(2). The process for the
1874
submittal and review must shall be detailed in the interlocal
1875
agreement when required pursuant to ss. 163.3177(6)(h),
1876
163.31777, and 1013.33(2).
1877
(5) (4) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN.
1878
Annually, the district school board shall consider and adopt the
1879
tentative district educational facilities plan completed
1880
pursuant to subsection (2) . Upon giving proper notice to the
1881
public and local governments and opportunity for public comment,
1882
the district school board may amend the plan to revise the
1883
priority of projects, to add or delete projects, to reflect the
1884
impact of change orders, or to reflect the approval of new
1885
revenue sources which may become available. The district school
1886
board shall submit the revised plan to the department. The
1887
adopted district educational facilities plan must shall :
1888
(a) Be a complete, balanced, and financially feasible
1889
capital outlay financial plan for the district.
1890
(b) Set forth the proposed commitments and planned
1891
expenditures of the district to address the educational
1892
facilities needs of its students and to adequately provide for
1893
the maintenance of the educational plant and ancillary
1894
facilities, including safe access ways from neighborhoods to
1895
schools.
1896
(6) (5) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL FACILITIES
1897
PLAN.— The first year of the adopted district educational
1898
facilities plan constitutes shall constitute the capital outlay
1899
budget required in s. 1013.61. The adopted district educational
1900
facilities plan shall include the information required in
1901
subparagraphs (2)(b)1., 2., and 3., based upon projects actually
1902
funded in the plan.
1903
Section 30. Subsections (3) and (4) of section 1013.41,
1904
Florida Statutes, are amended to read:
1905
1013.41 SMART schools; Classrooms First; legislative
1906
purpose.—
1907
(3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.—It is the
1908
purpose of the Legislature to create s. 1013.35, requiring each
1909
school district annually to adopt an educational facilities plan
1910
that provides an integrated long-range facilities plan ,
1911
including the survey of projected needs and the 5-year work
1912
program . The purpose of the educational facilities plan is to
1913
keep the district school board, local governments, and the
1914
public fully informed as to whether the district is using sound
1915
policies and practices that meet the essential needs of students
1916
and that warrant public confidence in district operations. The
1917
educational facilities plan will be monitored by the Office of
1918
Educational Facilities, which will also apply performance
1919
standards pursuant to s. 1013.04.
1920
(4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of
1921
the Legislature to require the Office of Educational Facilities
1922
to assist school districts in building SMART schools utilizing
1923
functional and frugal practices. The Office of Educational
1924
Facilities shall must review district facilities work programs
1925
and projects and identify opportunities to maximize design and
1926
construction savings ; develop school district facilities work
1927
program performance standards; and provide for review and
1928
recommendations to the Governor, the Legislature, and the State
1929
Board of Education.
1930
Section 31. Subsection (4) of section 1013.45, Florida
1931
Statutes, is amended to read:
1932
1013.45 Educational facilities contracting and construction
1933
techniques for school districts and Florida College System
1934
institutions.—
1935
(4) Except as otherwise provided in this section and s.
1936
481.229, the services of a registered architect must be used by
1937
Florida College System institution and state university boards
1938
of trustees for the development of plans for the erection,
1939
enlargement, or alteration of any educational facility. The
1940
services of a registered architect are not required for a minor
1941
renovation project for which the construction cost is less than
1942
$50,000 or for the placement or hookup of relocatable
1943
educational facilities that conform to standards adopted under
1944
s. 1013.37. However, boards must provide compliance with
1945
building code requirements and ensure that these structures are
1946
adequately anchored for wind resistance as required by law. A
1947
district school board shall reuse existing construction
1948
documents or design criteria packages if such reuse is feasible
1949
and practical. If a school district’s 5-year educational
1950
facilities work plan includes the construction of two or more
1951
new schools for students in the same grade group and program,
1952
such as elementary, middle, or high school, the district school
1953
board must require that prototype design and construction be
1954
used for the construction of these schools. Notwithstanding s.
1955
287.055, a board may purchase the architectural services for the
1956
design of educational or ancillary facilities under an existing
1957
contract agreement for professional services held by a district
1958
school board in the State of Florida, provided that the purchase
1959
is to the economic advantage of the purchasing board, the
1960
services conform to the standards prescribed by rules of the
1961
State Board of Education, and such reuse is not without notice
1962
to, and permission from, the architect of record whose plans or
1963
design criteria are being reused. Plans must be reviewed for
1964
compliance with the State Requirements for Educational
1965
Facilities. Rules adopted under this section must establish
1966
uniform prequalification, selection, bidding, and negotiation
1967
procedures applicable to construction management contracts and
1968
the design-build process. This section does not supersede any
1969
small, woman-owned, or minority-owned business enterprise
1970
preference program adopted by a board. Except as otherwise
1971
provided in this section, the negotiation procedures applicable
1972
to construction management contracts and the design-build
1973
process must conform to the requirements of s. 287.055. A board
1974
may not modify any rules regarding construction management
1975
contracts or the design-build process.
1976
Section 32. Section 1013.451, Florida Statutes, is
1977
repealed.
1978
Section 33. Paragraph (e) of subsection (1) and paragraph
1979
(b) of subsection (6) of section 1013.64, Florida Statutes, are
1980
amended to read:
1981
1013.64 Funds for comprehensive educational plant needs;
1982
construction cost maximums for school district capital
1983
projects.—Allocations from the Public Education Capital Outlay
1984
and Debt Service Trust Fund to the various boards for capital
1985
outlay projects shall be determined as follows:
1986
(1)
1987
(e) Remodeling projects must shall be based on the
1988
recommendations of a survey pursuant to s. 1013.31 , or, for
1989
district school boards, as indicated by the relative need as
1990
determined by the Florida Inventory of School Houses and the
1991
capital outlay full-time equivalent enrollment in the district .
1992
(6)
1993
(b)1. A district school board may not use funds from the
1994
following sources: Public Education Capital Outlay and Debt
1995
Service Trust Fund; School District and Community College
1996
District Capital Outlay and Debt Service Trust Fund; Classrooms
1997
First Program funds provided in s. 1013.68; nonvoted 1.5-mill
1998
levy of ad valorem property taxes provided in s. 1011.71(2);
1999
Classrooms for Kids Program funds provided in s. 1013.735;
2000
District Effort Recognition Program funds provided in s.
2001
1013.736; or High Growth District Capital Outlay Assistance
2002
Grant Program funds provided in s. 1013.738 to pay for any
2003
portion of the cost of any new construction of educational plant
2004
space with a total cost per student station, including change
2005
orders, which exceeds:
2006
a. $17,952 for an elementary school;
2007
b. $19,386 for a middle school; or
2008
c. $25,181 for a high school,
2010
(January 2006) as adjusted annually to reflect increases or
2011
decreases in the Consumer Price Index. The department, in
2012
conjunction with the Office of Economic and Demographic
2013
Research, shall review and adjust the cost per student station
2014
limits to reflect actual construction costs by January 1, 2020,
2015
and annually thereafter. The adjusted cost per student station
2016
shall be used by the department for computation of the statewide
2017
average costs per student station for each instructional level
2018
pursuant to paragraph (d). The department shall also collaborate
2019
with the Office of Economic and Demographic Research to select
2020
an industry-recognized construction index to replace the
2021
Consumer Price Index by January 1, 2020, adjusted annually to
2022
reflect changes in the construction index.
2023
2. School districts shall maintain accurate documentation
2024
related to the costs of all new construction of educational
2025
plant space reported to the Department of Education pursuant to
2026
paragraph (d). The Auditor General shall review the
2027
documentation maintained by the school districts and verify
2028
compliance with the limits under this paragraph during its
2029
scheduled operational audits of the school district.
2030
3. Except for educational facilities and sites subject to a
2031
lease-purchase agreement entered pursuant to s. 1011.71(2)(e) or
2032
funded solely through local impact fees, in addition to the
2033
funding sources listed in subparagraph 1., a district school
2034
board may not use funds from any sources for new construction of
2035
educational plant space with a total cost per student station,
2036
including change orders, which equals more than the current
2037
adjusted amounts provided in sub-subparagraphs 1.a.-c. However,
2038
if a contract has been executed for architectural and design
2039
services or for construction management services before July 1,
2040
2017, a district school board may use funds from any source for
2041
the new construction of educational plant space and such funds
2042
are exempt from the total cost per student station requirements.
2043
4. A district school board must not use funds from the
2044
Public Education Capital Outlay and Debt Service Trust Fund or
2045
the School District and Community College District Capital
2046
Outlay and Debt Service Trust Fund for any new construction of
2047
an ancillary plant that exceeds 70 percent of the average cost
2048
per square foot of new construction for all schools.
2049
Section 34. Paragraph (e) of subsection (6) of section
2050
163.3180, Florida Statutes, is amended to read:
2051
163.3180 Concurrency.—
2052
(6)
2053
(e) A school district that includes relocatable facilities
2054
in its inventory of student stations shall include the capacity
2055
of such relocatable facilities as provided in s.
2056
1013.35(2)(b)2.f. , provided the relocatable facilities were
2057
purchased after 1998 and the relocatable facilities meet the
2058
standards for long-term use pursuant to s. 1013.20.
2059
Section 35. Paragraph (a) of subsection (10) of section
2060
200.065, Florida Statutes, is amended to read:
2061
200.065 Method of fixing millage.—
2062
(10)(a) In addition to the notice required in subsection
2063
(3), a district school board shall publish a second notice of
2064
intent to levy additional taxes under s. 1011.71(2) or (3). The
2065
notice shall specify the projects or number of school buses
2066
anticipated to be funded by the additional taxes and shall be
2067
published in the size, within the time periods, adjacent to, and
2068
in substantial conformity with the advertisement required under
2069
subsection (3). The projects shall be listed in priority within
2070
each category as follows: construction and remodeling;
2071
maintenance, renovation, and repair; motor vehicle purchases;
2072
new and replacement equipment; payments for educational
2073
facilities and sites due under a lease-purchase agreement;
2074
payments for renting and leasing educational facilities and
2075
sites; payments of loans approved pursuant to ss. 1011.14 and
2076
1011.15; payment of costs of compliance with environmental
2077
statutes and regulations; payment of premiums for property and
2078
casualty insurance necessary to insure the educational and
2079
ancillary plants of the school district; payment of costs of
2080
leasing relocatable educational facilities; and payments to
2081
private entities to offset the cost of school buses pursuant to
2082
s. 1011.71(2)(i) . The additional notice shall be in the
2083
following form, except that if the district school board is
2084
proposing to levy the same millage under s. 1011.71(2) or (3)
2085
which it levied in the prior year, the words “continue to” shall
2086
be inserted before the word “impose” in the first sentence, and
2087
except that the second sentence of the second paragraph shall be
2088
deleted if the district is advertising pursuant to paragraph
2089
(3)(e):
2091
NOTICE OF TAX FOR SCHOOL
2092
CAPITAL OUTLAY
2094
The ...(name of school district)... will soon consider a
2095
measure to impose a ...(number)... mill property tax for the
2096
capital outlay projects listed herein.
2097
This tax is in addition to the school board’s proposed tax
2098
of ...(number)... mills for operating expenses and is proposed
2099
solely at the discretion of the school board. THE PROPOSED
2100
COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING EXPENSES
2101
AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.
2102
The capital outlay tax will generate approximately
2103
$...(amount)..., to be used for the following projects:
2105
...(list of capital outlay projects)...
2107
All concerned citizens are invited to a public hearing to
2108
be held on ...(date and time)... at ...(meeting place)....
2109
A DECISION on the proposed CAPITAL OUTLAY TAXES will be
2110
made at this hearing.
2112
Section 36. Paragraph (a) of subsection (5) of section
2113
1002.68, Florida Statutes, is amended to read:
2114
1002.68 Voluntary Prekindergarten Education Program
2115
accountability.—
2116
(5)(a) If a public school’s or private prekindergarten
2117
provider’s program assessment composite score for its
2118
prekindergarten classrooms fails to meet the minimum program
2119
assessment composite score for contracting adopted in rule by
2120
the department, the private prekindergarten provider or public
2121
school may not participate in the Voluntary Prekindergarten
2122
Education Program beginning in the consecutive program year and
2123
thereafter until the public school or private prekindergarten
2124
provider meets the minimum composite score for contracting. A
2125
public school or private prekindergarten provider may request
2126
one program assessment per program year in order to requalify
2127
for participation in the Voluntary Prekindergarten Education
2128
Program, provided that the public school or private
2129
prekindergarten provider is not excluded from participation
2130
under s. 1002.55(6), s. 1002.61(10)(b), s. 1002.63(9) ss.
2131
1002.55(6), 1002.61(10)(b), 1002.63(9)(b) , or paragraph (5)(b)
2132
of this section. If a public school or private prekindergarten
2133
provider would like an additional program assessment completed
2134
within the same program year, the public school or private
2135
prekindergarten provider is shall be responsible for the cost of
2136
the program assessment.
2137
Section 37. Paragraph (c) of subsection (2) of section
2138
1003.631, Florida Statutes, is amended to read:
2139
1003.631 Schools of Excellence.—The Schools of Excellence
2140
Program is established to provide administrative flexibility to
2141
the state’s top schools so that the instructional personnel and
2142
administrative staff at such schools can continue to serve their
2143
communities and increase student learning to the best of their
2144
professional ability.
2145
(2) ADMINISTRATIVE FLEXIBILITIES.—A School of Excellence
2146
must be provided the following administrative flexibilities:
2147
(c) For instructional personnel, the substitution of 1
2148
school year of employment at a School of Excellence for 20
2149
inservice points toward the renewal of a professional
2150
certificate, up to 60 inservice points in a 5-year cycle ,
2151
pursuant to s. 1012.585(3) .
2152
Section 38. Paragraph (c) of subsection (2) and paragraph
2153
(b) of subsection (5) of section 1004.04, Florida Statutes, are
2154
amended to read:
2155
1004.04 Public accountability and state approval for
2156
teacher preparation programs.—
2157
(2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
2158
(c) Each candidate must receive instruction and be assessed
2159
on the uniform core curricula in the candidate’s area or areas
2160
of program concentration during course work and field
2161
experiences. Beginning with candidates entering a teacher
2162
preparation program in the 2022-2023 school year, a candidate
2163
for certification in a coverage area identified pursuant to s.
2164
1012.585(3)(g) s. 1012.585(3)(f) must successfully complete all
2165
competencies for a reading endorsement, including completion of
2166
the endorsement practicum through the candidate’s field
2167
experience under subsection (5), in order to graduate from the
2168
program.
2169
(5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
2170
instructors, school district personnel and instructional
2171
personnel, and school sites preparing instructional personnel
2172
through preservice field experience courses and internships
2173
shall meet special requirements. District school boards may pay
2174
student teachers during their internships.
2175
(b)1. All school district personnel and instructional
2176
personnel who supervise or direct teacher preparation students
2177
during field experience courses or internships taking place in
2178
this state in which candidates demonstrate an impact on student
2179
learning growth must have:
2180
a. Evidence of “clinical educator” training;
2181
b. A valid professional certificate issued pursuant to s.
2182
1012.56;
2183
c. At least 3 years of teaching experience in
2184
prekindergarten through grade 12;
2185
d. Earned an effective or highly effective rating on the
2186
prior year’s performance evaluation under s. 1012.34 or be a
2187
peer evaluator under the district’s evaluation system approved
2188
under s. 1012.34; and
2189
e. Beginning with the 2022-2023 school year, for all such
2190
personnel who supervise or direct teacher preparation students
2191
during internships in kindergarten through grade 3 or who are
2192
enrolled in a teacher preparation program for a certificate area
2193
identified pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f) , a
2194
certificate or endorsement in reading.
2196
The State Board of Education shall approve the training
2197
requirements.
2198
2. All instructional personnel who supervise or direct
2199
teacher preparation students during field experience courses or
2200
internships in another state, in which a candidate demonstrates
2201
his or her impact on student learning growth, through a Florida
2202
online or distance program must have received “clinical
2203
educator” training or its equivalent in that state, hold a valid
2204
professional certificate issued by the state in which the field
2205
experience takes place, and have at least 3 years of teaching
2206
experience in prekindergarten through grade 12.
2207
3. All instructional personnel who supervise or direct
2208
teacher preparation students during field experience courses or
2209
internships, in which a candidate demonstrates his or her impact
2210
on student learning growth, on a United States military base in
2211
another country through a Florida online or distance program
2212
must have received “clinical educator” training or its
2213
equivalent, hold a valid professional certificate issued by the
2214
United States Department of Defense or a state or territory of
2215
the United States, and have at least 3 years teaching experience
2216
in prekindergarten through grade 12.
2217
Section 39. Paragraph (b) of subsection (3) of section
2218
1004.85, Florida Statutes, is amended to read:
2219
1004.85 Postsecondary educator preparation institutes.—
2220
(3) Educator preparation institutes approved pursuant to
2221
this section may offer competency-based certification programs
2222
specifically designed for noneducation major baccalaureate
2223
degree holders to enable program participants to meet the
2224
educator certification requirements of s. 1012.56. An educator
2225
preparation institute choosing to offer a competency-based
2226
certification program pursuant to the provisions of this section
2227
must implement a program developed by the institute and approved
2228
by the department for this purpose. Approved programs shall be
2229
available for use by other approved educator preparation
2230
institutes.
2231
(b) Each program participant must:
2232
1. Meet certification requirements pursuant to s.
2233
1012.56(1) by obtaining a statement of status of eligibility in
2234
the certification subject area of the educational plan and meet
2235
the requirements of s. 1012.56(2)(a)-(f) before participating in
2236
field experiences.
2237
2. Demonstrate competency and participate in field
2238
experiences that are appropriate to his or her educational plan
2239
prepared under paragraph (a). Beginning with candidates entering
2240
an educator preparation institute in the 2022-2023 school year,
2241
a candidate for certification in a coverage area identified
2242
pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f) must
2243
successfully complete all competencies for a reading
2244
endorsement, including completion of the endorsement practicum
2245
through the candidate’s field experience, in order to graduate
2246
from the program.
2247
3. Before completion of the program, fully demonstrate his
2248
or her ability to teach the subject area for which he or she is
2249
seeking certification by documenting a positive impact on
2250
student learning growth in a prekindergarten through grade 12
2251
setting and, except as provided in s. 1012.56(7)(a)3., achieving
2252
a passing score on the professional education competency
2253
examination, the basic skills examination, and the subject area
2254
examination for the subject area certification which is required
2255
by state board rule.
2256
Section 40. Paragraph (e) of subsection (2) of section
2257
1012.552, Florida Statutes, is amended to read:
2258
1012.552 The Coaching for Educator Readiness and Teaching
2259
(CERT) Certification Program.—
2260
(2) PROGRAM REQUIREMENTS.—A CERT program must include all
2261
of the following:
2262
(e) Required successful completion of all competencies for
2263
a reading endorsement, including completion of the endorsement
2264
practicum, for a candidate certification in a coverage area
2265
identified pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f) .
2266
Section 41. Paragraph (b) of subsection (2) of section
2267
1012.586, Florida Statutes, is amended to read:
2268
1012.586 Additions or changes to certificates; duplicate
2269
certificates; reading endorsement pathways.—
2270
(2)
2271
(b) As part of adopting a pathway pursuant to paragraph
2272
(a), the department shall review the competencies for the
2273
reading endorsement and subject area examinations for educator
2274
certificates identified pursuant to s. 1012.585(3)(g) s.
2275
1012.585(3)(f) for alignment with evidence-based instructional
2276
and intervention strategies rooted in the science of reading and
2277
identified pursuant to s. 1001.215(7) and recommend changes to
2278
the State Board of Education. Recommended changes must address
2279
identification of the characteristics of conditions such as
2280
dyslexia, implementation of evidence-based classroom instruction
2281
and interventions, including evidence-based reading instruction
2282
and interventions specifically for students with characteristics
2283
of dyslexia, and effective progress monitoring. By July 1, 2023,
2284
each school district reading endorsement add-on program must be
2285
resubmitted for approval by the department consistent with this
2286
paragraph.
2287
Section 42. Paragraph (b) of subsection (5) of section
2288
1012.98, Florida Statutes, is amended to read:
2289
1012.98 School Community Professional Learning Act.—
2290
(5) The Department of Education, school districts, schools,
2291
Florida College System institutions, and state universities
2292
share the responsibilities described in this section. These
2293
responsibilities include the following:
2294
(b) Each school district shall develop a professional
2295
learning system as specified in subsection (4). The system shall
2296
be developed in consultation with teachers, teacher-educators of
2297
Florida College System institutions and state universities,
2298
business and community representatives, and local education
2299
foundations, consortia, and professional organizations. The
2300
professional learning system must:
2301
1. Be reviewed and approved by the department for
2302
compliance with s. 1003.42(3) and this section. Effective March
2303
1, 2024, the department shall establish a calendar for the
2304
review and approval of all professional learning systems. A
2305
professional learning system must be reviewed and approved every
2306
5 years. Any substantial revisions to the system must be
2307
submitted to the department for review and approval. The
2308
department shall establish a format for the review and approval
2309
of a professional learning system.
2310
2. Be based on analyses of student achievement data and
2311
instructional strategies and methods that support rigorous,
2312
relevant, and challenging curricula for all students. Schools
2313
and districts, in developing and refining the professional
2314
learning system, shall also review and monitor school discipline
2315
data; school environment surveys; assessments of parental
2316
satisfaction; performance appraisal data of teachers, managers,
2317
and administrative personnel; and other performance indicators
2318
to identify school and student needs that can be met by improved
2319
professional performance.
2320
3. Provide inservice activities coupled with follow-up
2321
followup support appropriate to accomplish district-level and
2322
school-level improvement goals and standards. The inservice
2323
activities for instructional and school administrative personnel
2324
shall focus on analysis of student achievement data; ongoing
2325
formal and informal assessments of student achievement;
2326
identification and use of enhanced and differentiated
2327
instructional strategies that emphasize rigor, relevance, and
2328
reading in the content areas; enhancement of subject content
2329
expertise; integrated use of classroom technology that enhances
2330
teaching and learning; classroom management; parent involvement;
2331
and school safety.
2332
4. Provide inservice activities and support targeted to the
2333
individual needs of new teachers participating in the
2334
professional learning certification and education competency
2335
program under s. 1012.56(8)(a).
2336
5. Include a professional learning catalog for inservice
2337
activities, pursuant to rules of the State Board of Education,
2338
for all district employees from all fund sources. The catalog
2339
must be updated annually by September 1, must be based on input
2340
from teachers and district and school instructional leaders, and
2341
must use the latest available student achievement data and
2342
research to enhance rigor and relevance in the classroom. Each
2343
district inservice catalog must be aligned to and support the
2344
school-based inservice catalog and school improvement plans
2345
pursuant to s. 1001.42(18). Each district inservice catalog must
2346
provide a description of the training that middle grades
2347
instructional personnel and school administrators receive on the
2348
district’s code of student conduct adopted pursuant to s.
2349
1006.07; integrated digital instruction and competency-based
2350
instruction and CAPE Digital Tool certificates and CAPE industry
2351
certifications; classroom management; student behavior and
2352
interaction; extended learning opportunities for students; and
2353
instructional leadership. District plans must be approved by the
2354
district school board annually in order to ensure compliance
2355
with subsection (1) and to allow for dissemination of research
2356
based best practices to other districts. District school boards
2357
shall submit verification of their approval to the Commissioner
2358
of Education no later than October 1, annually. Each school
2359
principal may establish and maintain an individual professional
2360
learning plan for each instructional employee assigned to the
2361
school as a seamless component to the school improvement plans
2362
developed pursuant to s. 1001.42(18). An individual professional
2363
learning plan must be related to specific performance data for
2364
the students to whom the teacher is assigned, define the
2365
inservice objectives and specific measurable improvements
2366
expected in student performance as a result of the inservice
2367
activity, and include an evaluation component that determines
2368
the effectiveness of the professional learning plan.
2369
6. Include inservice activities for school administrative
2370
personnel, aligned to the state’s educational leadership
2371
standards, which address updated skills necessary for
2372
instructional leadership and effective school management
2373
pursuant to s. 1012.986.
2374
7. Provide for systematic consultation with regional and
2375
state personnel designated to provide technical assistance and
2376
evaluation of local professional learning programs.
2377
8. Provide for delivery of professional learning by
2378
distance learning and other technology-based delivery systems to
2379
reach more educators at lower costs.
2380
9. Provide for the continuous evaluation of the quality and
2381
effectiveness of professional learning programs in order to
2382
eliminate ineffective programs and strategies and to expand
2383
effective ones. Evaluations must consider the impact of such
2384
activities on the performance of participating educators and
2385
their students’ achievement and behavior.
2386
10. For all grades, emphasize:
2387
a. Interdisciplinary planning, collaboration, and
2388
instruction.
2389
b. Alignment of curriculum and instructional materials to
2390
the state academic standards adopted pursuant to s. 1003.41.
2391
c. Use of small learning communities; problem-solving,
2392
inquiry-driven research and analytical approaches for students;
2393
strategies and tools based on student needs; competency-based
2394
instruction; integrated digital instruction; and project-based
2395
instruction.
2397
Each school that includes any of grades 6, 7, or 8 shall include
2398
in its school improvement plan, required under s. 1001.42(18), a
2399
description of the specific strategies used by the school to
2400
implement each item listed in this subparagraph.
2401
11. Provide training to reading coaches, classroom
2402
teachers, and school administrators in effective methods of
2403
identifying characteristics of conditions such as dyslexia and
2404
other causes of diminished phonological processing skills;
2405
incorporating instructional techniques into the general
2406
education setting which are proven to improve reading
2407
performance for all students; and using predictive and other
2408
data to make instructional decisions based on individual student
2409
needs. The training must help teachers integrate phonemic
2410
awareness; phonics, word study, and spelling; reading fluency;
2411
vocabulary, including academic vocabulary; and text
2412
comprehension strategies into an explicit, systematic, and
2413
sequential approach to reading instruction, including
2414
multisensory intervention strategies. Such training for teaching
2415
foundational skills must be based on the science of reading and
2416
include phonics instruction for decoding and encoding as the
2417
primary instructional strategy for word reading. Instructional
2418
strategies included in the training may not employ the three
2419
cueing system model of reading or visual memory as a basis for
2420
teaching word reading. Such instructional strategies may include
2421
visual information and strategies which improve background and
2422
experiential knowledge, add context, and increase oral language
2423
and vocabulary to support comprehension, but may not be used to
2424
teach word reading. Each district shall must provide all
2425
elementary grades instructional personnel access to training
2426
sufficient to meet the requirements of s. 1012.585(3)(g) s.
2427
1012.585(3)(f) .
2428
Section 43. Subsection (3) of section 1013.62, Florida
2429
Statutes, is amended to read:
2430
1013.62 Charter schools capital outlay funding.—
2431
(3) If the school board levies the discretionary millage
2432
authorized in s. 1011.71(2), the department must shall use the
2433
following calculation methodology to determine the amount of
2434
revenue that a school district must distribute to each eligible
2435
charter school:
2436
(a) Reduce the total discretionary millage revenue by the
2437
school district’s annual debt service obligation incurred as of
2438
March 1, 2017, which has not been subsequently retired, and any
2439
amount of participation requirement pursuant to s.
2440
1013.64(2)(a)8. that is being satisfied by revenues raised by
2441
the discretionary millage.
2442
(b) Divide the school district’s adjusted discretionary
2443
millage revenue by the district’s total capital outlay full-time
2444
equivalent membership and the total number of full-time
2445
equivalent students of each eligible charter school to determine
2446
a capital outlay allocation per full-time equivalent student.
2447
(c) Multiply the capital outlay allocation per full-time
2448
equivalent student by the total number of full-time equivalent
2449
students of each eligible charter school to determine the
2450
capital outlay allocation for each charter school.
2451
(d) If applicable, reduce the capital outlay allocation
2452
identified in paragraph (c) by the total amount of state funds
2453
allocated to each eligible charter school in subsection (2) to
2454
determine the maximum calculated capital outlay allocation. The
2455
amount of funds a school district must distribute to charter
2456
schools shall be as follows:
2457
1. For fiscal year 2023-2024, the amount is 20 percent of
2458
the amount calculated under this paragraph.
2459
2. For fiscal year 2024-2025, the amount is 40 percent of
2460
the amount calculated under this paragraph.
2461
3. For fiscal year 2025-2026, the amount is 60 percent of
2462
the amount calculated under this paragraph.
2463
4. For fiscal year 2026-2027, the amount is 80 percent of
2464
the amount calculated under this paragraph.
2465
5. For fiscal year 2027-2028, and each fiscal year
2466
thereafter, the amount is 100 percent of the amount calculated
2467
under this paragraph.
2468
(e) School districts shall distribute capital outlay funds
2469
to eligible charter schools no later than February 1 of each
2470
year, as required by this subsection, based on the amount of
2471
funds received by the district school board. School districts
2472
shall distribute any remaining capital outlay funds, as required
2473
by this subsection, upon the receipt of such funds until the
2474
total amount calculated pursuant to this subsection is
2475
distributed.
2477
By October 1 of each year, each school district shall certify to
2478
the department the amount of debt service and participation
2479
requirement that complies with the requirement of paragraph (a)
2480
and can be reduced from the total discretionary millage revenue.
2481
The Auditor General shall verify compliance with the
2482
requirements of paragraph (a) and s. 1011.71(2)(e) during
2483
scheduled operational audits of school districts.
2484
Section 44. This act shall take effect July 1, 2026.