THE BILL ITSELF
HB 963
Administrative Efficiency in Public Schools
1
A bill to be entitled
2
An act relating to administrative efficiency in public
3
schools; amending s. 120.81, F.S.; exempting district
4
school boards from requirements for adopting certain
5
rules; amending s. 1001.23, F.S.; requiring the
6
Department of Education to annually inform district
7
school superintendents by a specified date that they
8
are authorized to petition to receive a specified
9
declaratory statement; requiring the department to
10
annually maintain and provide school districts with a
11
list of certain statutory and rule requirements;
12
specifying requirements for such list; amending s.
13
1001.42, F.S.; deleting a requirement for a district
14
school board to employ an internal auditor in certain
15
circumstances; amending s. 1002.20, F.S.; deleting a
16
requirement that the school financial report be
17
included in the student handbook; requiring the
18
department to produce specified reports relating to
19
school accountability and make them available on the
20
department's website; requiring each school district
21
to provide a link to such reports; amending s.
22
1002.33, F.S.; conforming a provision relating to a 5-
23
year facilities plan; amending s. 1002.451, F.S.;
24
requiring innovation schools of technology to comply
25
with specified provisions relating to instructional
26
multiyear contracts, in addition to annual contracts,
27
for instructional personnel; amending s. 1002.61,
28
F.S.; deleting public schools from a requirement for
29
early learning coalitions to verify compliance with
30
certain law; amending s. 1002.63, F.S.; deleting a
31
requirement for an early learning coalition to verify
32
that certain public schools comply with specified
33
provisions; amending s. 1002.71, F.S.; revising
34
requirements relating to district school board
35
attendance policies for Voluntary Prekindergarten
36
Education Programs; requiring a school district to
37
certify its attendance records for a Voluntary
38
Prekindergarten Education Program; amending s.
39
1006.40, F.S.; revising the timeframe within which
40
certain instructional materials must be purchased;
41
authorizing the State Board of Education to modify the
42
timeframe; amending s. 1008.212, F.S.; providing that
43
certain assessments are not subject to specified
44
requirements; specifying the assessments from which
45
IEP teams are authorized to submit requests for
46
extraordinary exemptions; amending s. 1008.22, F.S.;
47
requiring the Commissioner of Education to notify
48
school districts of the assessment schedule for a
49
specified time interval and to publish such schedule
50
on the department's website; deleting requirements
51
relating to a uniform calendar that must be published
52
by the commissioner each year; revising an annual
53
timeframe for each school district to establish
54
schedules for the administration of statewide,
55
standardized assessments; requiring each school
56
district to publish certain information regarding such
57
schedules on its website; conforming provisions to
58
changes made by the act; amending s. 1008.25, F.S.;
59
conforming cross-references; amending s. 1008.33,
60
F.S.; prohibiting a school from being required to use
61
a certain parameter as the sole determining factor to
62
recruit instructional personnel; specifying
63
requirements for a rule adopted by the State Board of
64
Education; amending s. 1010.20, F.S.; requiring
65
charter schools to respond to monitoring questions
66
from the department; amending s. 1011.035, F.S.;
67
deleting a requirement that each district school board
68
budget posted on the school board's website include a
69
graphical representation of specified information;
70
revising website requirements; amending s. 1011.14,
71
F.S.; revising the types of facilities for which
72
district school boards may incur certain financial
73
obligations; amending s. 1011.60, F.S.; revising
74
circumstances under which the State Board of Education
75
may alter the length of school terms for certain
76
school districts; amending s. 1011.6202, F.S.;
77
requiring schools participating in the Principal
78
Autonomy Program Initiative to comply with specified
79
provisions relating to instructional multiyear
80
contracts, in addition to annual contracts, for
81
instructional personnel; amending s. 1011.69, F.S.;
82
deleting a requirement relating to Title I fund
83
allocations to schools; providing a new category of
84
funding school districts are authorized to withhold;
85
revising a category of funding a school district is
86
authorized to withhold; requiring the department to
87
make certain funds available to local education
88
agencies; amending s. 1011.71, F.S.; revising how
89
specified revenue may be expended by a district school
90
board; deleting a penalty for violating specified
91
provisions; amending s. 1012.22, F.S.; specifying
92
requirements for advanced degrees that may be used to
93
set salary schedules for instructional personnel and
94
school administrators hired after a specified date;
95
specifying district school board activities that may
96
not be precluded by collective bargaining; amending s.
97
1012.335, F.S.; defining the term "instructional
98
multiyear contract"; providing requirements for the
99
award of an instructional multiyear contract;
100
requiring that an employee awarded an instructional
101
multiyear contract be returned to an annual contract
102
under certain conditions; specifying district school
103
superintendent authority; making conforming and
104
technical changes; amending s. 1012.39, F.S.; revising
105
an occupational experience qualification requirement
106
for nondegreed teachers of career programs; deleting a
107
training requirement for full-time nondegreed teachers
108
of career programs; amending s. 1012.555, F.S.;
109
revising eligibility requirements for individuals to
110
participate in the Teacher Apprenticeship Program;
111
amending employment requirements for paraprofessionals
112
to serve as an apprentice teacher; conforming a cross-
113
reference; amending s. 1012.56, F.S.; specifying
114
individuals who must demonstrate mastery of general
115
knowledge for educator certification; authorizing
116
school districts and consortia of school districts to
117
issue temporary certificates under certain conditions;
118
specifying Education Practices Commission authority;
119
conforming a cross-reference; amending s. 1012.585,
120
F.S.; revising the validity period for professional
121
certificates; providing eligibility requirements for
122
5-year and 10-year professional certificates;
123
establishing requirements for the renewal of a 10-year
124
professional certificate; amending s. 1013.19, F.S.;
125
requiring that proceeds from certain sales or leases
126
of property be used for specified purposes by boards
127
of trustees for Florida College System institutions or
128
state universities; amending s. 1013.35, F.S.;
129
deleting definitions; revising requirements for the
130
contents of such plan; deleting provisions relating to
131
district school boards coordinating with local
132
governments to ensure consistency between school
133
district and local government plans; authorizing,
134
rather than requiring, local governments to review
135
tentative district educational facilities plans;
136
requiring a district school board to submit a revised
137
facilities plan to the department; making conforming
138
changes; amending s. 1013.41, F.S.; revising
139
requirements for an educational facilities plan;
140
revising the duties of the Office of Educational
141
Facilities; amending s. 1013.45, F.S.; specifying that
142
Florida College System institution and state
143
university boards of trustees are required to use an
144
architect for the development of certain plans;
145
deleting district school board requirements for
146
certain construction plans; repealing s. 1013.451,
147
F.S., relating to life-cycle costs comparisons;
148
amending s. 1013.64, F.S.; revising district school
149
board requirements relating to educational plant
150
construction; conforming a provision to changes made
151
by the act; amending ss. 163.3180, 200.065, 1002.68,
152
1003.631, 1004.04, 1004.85, 1012.552, 1012.586,
153
1012.98, and 1013.62, F.S.; conforming cross-
154
references and provisions to changes made by the act;
155
providing an effective date.
157
Be It Enacted by the Legislature of the State of Florida:
159
Section 1. Paragraph (a) of subsection (1) of section
160
120.81, Florida Statutes, is amended to read:
161
120.81 Exceptions and special requirements; general
162
areas.—
163
(1) EDUCATIONAL UNITS.—
164
(a) District school boards are not subject to the
165
requirements for rules in this chapter when making and adopting
166
rules with public input at a public meeting. Notwithstanding s.
167
120.536(1) and the flush left provisions of s. 120.52(8),
168
district school boards may adopt rules to implement their
169
general powers under s. 1001.41.
170
Section 2. Subsections (5) and (6) are added to section
171
1001.23, Florida Statutes, to read:
172
1001.23 Specific powers and duties of the Department of
173
Education.—In addition to all other duties assigned to it by law
174
or by rule of the State Board of Education, the department
175
shall:
176
(5) Annually by August 1, inform district school
177
superintendents that pursuant to s. 120.565, the superintendents
178
may receive a declaratory statement, within 90 days after
179
submitting a petition to receive such statement, regarding the
180
department's opinion as to the applicability of a statutory or
181
rule provision to a school district as it applies to the
182
district's particular set of circumstances.
183
(6) Annually maintain and make available to school
184
districts a list of all requirements in statute and rule
185
relating to required actions by district school boards or
186
district school superintendents. The list must include, but is
187
not limited to, required parent notifications; information that
188
must be posted on the district website; and reporting, filing,
189
and certification requirements. Section 3. Paragraph (l) of subsection (12) of section
191
1001.42, Florida Statutes, is amended to read:
192
1001.42 Powers and duties of district school board.—The
193
district school board, acting as a board, shall exercise all
194
powers and perform all duties listed below:
195
(12) FINANCE.—Take steps to assure students adequate
196
educational facilities through the financial procedure
197
authorized in chapters 1010 and 1011 and as prescribed below:
198
(l) Internal auditor.—May or, in the case of a school
199
district receiving annual federal, state, and local funds in
200
excess of $500 million, shall employ an internal auditor. The
201
scope of the internal auditor shall not be restricted and shall
202
include every functional and program area of the school system.
203
1. The internal auditor shall perform ongoing financial
204
verification of the financial records of the school district, a
205
comprehensive risk assessment of all areas of the school system
206
every 5 years, and other audits and reviews as the district
207
school board directs for determining:
208
a. The adequacy of internal controls designed to prevent
209
and detect fraud, waste, and abuse as defined in s. 11.45(1).
210
b. Compliance with applicable laws, rules, contracts,
211
grant agreements, district school board-approved policies, and
212
best practices.
213
c. The efficiency of operations.
214
d. The reliability of financial records and reports.
215
e. The safeguarding of assets.
216
f. Financial solvency.
217
g. Projected revenues and expenditures.
218
h. The rate of change in the general fund balance.
219
2. The internal auditor shall prepare audit reports of his
220
or her findings and report directly to the district school board
221
or its designee.
222
3. Any person responsible for furnishing or producing any
223
book, record, paper, document, data, or sufficient information
224
necessary to conduct a proper audit or examination which the
225
internal auditor is by law authorized to perform is subject to
226
the provisions of s. 11.47(3) and (4).
227
Section 4. Subsection (16) of section 1002.20, Florida
228
Statutes, is amended to read:
229
1002.20 K-12 student and parent rights.—Parents of public
230
school students must receive accurate and timely information
231
regarding their child's academic progress and must be informed
232
of ways they can help their child to succeed in school. K-12
233
students and their parents are afforded numerous statutory
234
rights including, but not limited to, the following:
235
(16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
236
REPORTS; FISCAL TRANSPARENCY.—Parents of public school students
237
have the right to an easy-to-read report card about the school's
238
grade designation or, if applicable under s. 1008.341, the
239
school's improvement rating, and the school's accountability
240
report, including the school financial report as required under
241
s. 1010.215. The school financial report must be provided to the
242
parents and indicate the average amount of money expended per
243
student in the school. The department shall produce the reports
244
required under this subsection and make the reports for each
245
school available on the department's website in a prominent
246
location. Each public school district shall provide a link on
247
its website to such reports for parent access, which must also
248
be included in the student handbook or a similar publication.
249
Section 5. Paragraph (g) of subsection (18) of section
250
1002.33, Florida Statutes, is amended to read:
251
1002.33 Charter schools.—
252
(18) FACILITIES.—
253
(g) Each school district shall annually provide to the
254
Department of Education as part of its 5-year work plan the
255
number of existing vacant classrooms in each school that the
256
district does not intend to use or does not project will be
257
needed for educational purposes for the following school year.
258
The department may recommend that a district make such space
259
available to an appropriate charter school.
260
Section 6. Paragraph (a) of subsection (5) of section
261
1002.451, Florida Statutes, is amended to read:
262
1002.451 District innovation school of technology
263
program.—
264
(5) EXEMPTION FROM STATUTES.—
265
(a) An innovation school of technology is exempt from
266
chapters 1000-1013. However, an innovation school of technology
267
shall comply with the following provisions of those chapters:
268
1. Laws pertaining to the following:
269
a. Schools of technology, including this section.
270
b. Student assessment program and school grading system.
271
c. Services to students who have disabilities.
272
d. Civil rights, including s. 1000.05, relating to
273
discrimination.
274
e. Student health, safety, and welfare.
275
2. Laws governing the election and compensation of
276
district school board members and election or appointment and
277
compensation of district school superintendents.
278
3. Section 1003.03, governing maximum class size, except
279
that the calculation for compliance pursuant to s. 1003.03 is
280
the average at the school level.
281
4. Sections 1012.22(1)(c) and 1012.27(2), relating to
282
compensation and salary schedules.
283
5. Section 1012.33(5), relating to workforce reductions,
284
for annual contracts for instructional personnel. This
285
subparagraph does not apply to at-will employees.
286
6. Section 1012.335, relating to contracts with
287
instructional personnel hired on or after July 1, 2011, for
288
annual or instructional multiyear contracts for instructional
289
personnel. This subparagraph does not apply to at-will
290
employees.
291
7. Section 1012.34, relating to requirements for
292
performance evaluations of instructional personnel and school
293
administrators.
294
Section 7. Paragraph (a) of subsection (10) of section
295
1002.61, Florida Statutes, is amended to read:
296
1002.61 Summer prekindergarten program delivered by public
297
schools and private prekindergarten providers.—
298
(10)(a) Each early learning coalition shall verify that
299
each private prekindergarten provider and public school
300
delivering the Voluntary Prekindergarten Education Program
301
within the coalition's county or multicounty region complies
302
with this part.
303
Section 8. Subsection (9) of section 1002.63, Florida
304
Statutes, is amended to read:
305
1002.63 School-year prekindergarten program delivered by
306
public schools.—
307
(9)(a) Each early learning coalition shall verify that
308
each public school delivering the Voluntary Prekindergarten
309
Education Program within the coalition's service area complies
310
with this part.
311
(b) If a public school fails or refuses to comply with
312
this part or engages in misconduct, the department must shall
313
require that the school district to remove the school from
314
eligibility to deliver the Voluntary Prekindergarten Education
315
Program and receive state funds under this part for a period of
316
at least 2 years but no more than 5 years.
317
Section 9. Paragraph (b) of subsection (6) and subsection
318
(7) of section 1002.71, Florida Statutes, are amended to read:
319
1002.71 Funding; financial and attendance reporting.—
320
(6)
321
(b)1. Each private prekindergarten provider's and district
322
school board's attendance policy must require the parent of each
323
student in the Voluntary Prekindergarten Education Program to
324
verify, each month, the student's attendance on the prior
325
month's certified student attendance.
326
2. The parent must submit the verification of the
327
student's attendance to the private prekindergarten provider or
328
public school on forms prescribed by the department. The forms
329
must include, in addition to the verification of the student's
330
attendance, a certification, in substantially the following
331
form, that the parent continues to choose the private
332
prekindergarten provider or public school in accordance with s.
333
1002.53 and directs that payments for the program be made to the
334
provider or school:
336
VERIFICATION OF STUDENT'S ATTENDANCE
337
AND CERTIFICATION OF PARENTAL CHOICE
339
I, ...(Name of Parent)..., swear (or affirm) that my child,
340
...(Name of Student)..., attended the Voluntary Prekindergarten
341
Education Program on the days listed above and certify that I
342
continue to choose ...(Name of Provider or School)... to deliver
343
the program for my child and direct that program funds be paid
344
to the provider or school for my child.
345
...(Signature of Parent)...
346
...(Date)...
348
3. The private prekindergarten provider or public school
349
must keep each original signed form for at least 2 years. Each
350
private prekindergarten provider must permit the early learning
351
coalition, and each public school must permit the school
352
district, to inspect the original signed forms during normal
353
business hours. The department shall adopt procedures for early
354
learning coalitions and school districts to review the original
355
signed forms against the certified student attendance. The
356
review procedures must shall provide for the use of selective
357
inspection techniques, including, but not limited to, random
358
sampling. Each early learning coalition and the school districts
359
must comply with the review procedures.
360
(7) The department shall require that administrative
361
expenditures be kept to the minimum necessary for efficient and
362
effective administration of the Voluntary Prekindergarten
363
Education Program. Administrative policies and procedures must
364
shall be revised, to the maximum extent practicable, be revised
365
to incorporate the use of automation and electronic submission
366
of forms, including those required for child eligibility and
367
enrollment, provider and class registration, and monthly
368
certification of attendance for payment. A school district may
369
use its automated daily attendance reporting system for the
370
purpose of maintaining and transmitting attendance records to
371
the early learning coalition in a mutually agreed-upon format.
372
Each school district shall certify the correctness of attendance
373
data submitted to the single point of entry system described in
374
paragraph (5)(a) as required by the department. In addition,
375
actions must shall be taken to reduce paperwork, eliminate the
376
duplication of reports, and eliminate other duplicative
377
activities. Each early learning coalition may retain and expend
378
no more than 5.0 percent of the funds paid by the coalition to
379
private prekindergarten providers and public schools under
380
paragraph (5)(b). Funds retained by an early learning coalition
381
under this subsection may be used only for administering the
382
Voluntary Prekindergarten Education Program and may not be used
383
for the school readiness program or other programs.
384
Section 10. Subsection (2) of section 1006.40, Florida
385
Statutes, is amended to read:
386
1006.40 Purchase of instructional materials.—
387
(2) Each district school board must purchase current
388
instructional materials to provide each student in kindergarten
389
through grade 12 with a major tool of instruction in core
390
courses of the subject areas of mathematics, language arts,
391
science, social studies, reading, and literature. Such purchase
392
must be made within the first 5 3 years after the effective date
393
of the adoption cycle, subject to state board requirement for an
394
earlier purchase date for a specific subject area, unless a
395
district school board or a consortium of school districts has
396
implemented an instructional materials program pursuant to s.
397
1006.283.
398
Section 11. Subsections (2) and (3) of section 1008.212,
399
Florida Statutes, are amended to read:
400
1008.212 Students with disabilities; extraordinary
401
exemption.—
402
(2) A student with a disability for whom the individual
403
education plan (IEP) team determines is prevented by a
404
circumstance or condition from physically demonstrating the
405
mastery of skills that have been acquired and are measured by
406
the statewide standardized assessment, a statewide standardized
407
end-of-course assessment, or an alternate assessment pursuant to
408
s. 1008.22(3)(d) shall be granted an extraordinary exemption
409
from the administration of the assessment. A learning,
410
emotional, behavioral, or significant cognitive disability, or
411
the receipt of services through the homebound or hospitalized
412
program in accordance with rule 6A-6.03020, Florida
413
Administrative Code, is not, in and of itself, an adequate
414
criterion for the granting of an extraordinary exemption. The
415
first two administrations of the coordinated screening and
416
progress monitoring system under s. 1008.25(9) or any alternate
417
assessments used in lieu of such administrations are not subject
418
to the requirements of this section.
419
(3) The IEP team, which must include the parent, may
420
submit to the district school superintendent a written request
421
for an extraordinary exemption from the end-of-year or end-of-
422
course statewide, standardized assessment at any time during the
423
school year, but not later than 60 days before the current
424
year's assessment administration for which the request is made.
425
A request must include all of the following:
426
(a) A written description of the student's disabilities,
427
including a specific description of the student's impaired
428
sensory, manual, or speaking skills.
429
(b) Written documentation of the most recent evaluation
430
data.
431
(c) Written documentation, if available, of the most
432
recent administration of the statewide standardized assessment,
433
an end-of-course assessment, or an alternate assessment.
434
(d) A written description of the condition's effect on the
435
student's participation in the statewide standardized
436
assessment, an end-of-course assessment, or an alternate
437
assessment.
438
(e) Written evidence that the student has had the
439
opportunity to learn the skills being tested.
440
(f) Written evidence that the student has been provided
441
appropriate instructional accommodations.
442
(g) Written evidence as to whether the student has had the
443
opportunity to be assessed using the instructional
444
accommodations on the student's IEP which are allowable in the
445
administration of the statewide standardized assessment, an end-
446
of-course assessment, or an alternate assessment in prior
447
assessments.
448
(h) Written evidence of the circumstance or condition as
449
defined in subsection (1).
450
Section 12. Paragraphs (c) through (i) of section 1008.22,
451
Florida Statutes, are redesignated as paragraphs (b) through
452
(h), respectively, and paragraph (a) and present paragraphs (b)
453
and (d) of subsection (7) are amended, to read:
454
1008.22 Student assessment program for public schools.—
455
(7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
456
(a) The Commissioner of Education shall establish
457
schedules for the administration of statewide, standardized
458
assessments and the reporting of student assessment results. The
459
commissioner shall consider the observance of religious and
460
school holidays when developing the schedules. By January 1 of
461
each year, the commissioner shall notify each school district in
462
writing and publish on the department's website the assessment
463
schedule for, at a minimum, the next 2 school years. The
464
assessment and reporting schedules must provide the earliest
465
possible reporting of student assessment results to the school
466
districts. Assessment results for the statewide, standardized
467
ELA and Mathematics assessments and all statewide, standardized
468
EOC assessments must be made available no later than June 30,
469
except for results for the grade 3 statewide, standardized ELA
470
assessment, which must be made available no later than May 31.
471
Beginning with the 2023-2024 school year, assessment results for
472
the statewide, standardized ELA and Mathematics assessments must
473
be available no later than May 31. School districts shall
474
administer statewide, standardized assessments in accordance
475
with the schedule established by the commissioner.
476
(b) By January of each year, the commissioner shall
477
publish on the department's website a uniform calendar that
478
includes the assessment and reporting schedules for, at a
479
minimum, the next 2 school years. The uniform calendar must be
480
provided to school districts in an electronic format that allows
481
each school district and public school to populate the calendar
482
with, at minimum, the following information for reporting the
483
district assessment schedules under paragraph (d):
484
1. Whether the assessment is a district-required
485
assessment or a state-required assessment.
486
2. The specific date or dates that each assessment will be
487
administered, including administrations of the coordinated
488
screening and progress monitoring system under s. 1008.25(9)(b).
489
3. The time allotted to administer each assessment.
490
4. Whether the assessment is a computer-based assessment
491
or a paper-based assessment.
492
5. The grade level or subject area associated with the
493
assessment.
494
6. The date that the assessment results are expected to be
495
available to teachers and parents.
496
7. The type of assessment, the purpose of the assessment,
497
and the use of the assessment results.
498
8. A glossary of assessment terminology.
499
9. Estimates of average time for administering state-
500
required and district-required assessments, by grade level.
501
(c)(d) Each school district shall, by November 1 of each
502
year, establish schedules for the administration of any
503
statewide, standardized assessments and district-required
504
assessments and approve the schedules as an agenda item at a
505
district school board meeting. Each school district shall
506
publish the testing schedules on its website which specify
507
whether an assessment is a state-required or district-required
508
assessment and the grade bands or subject areas associated with
509
the assessments using the uniform calendar, including all
510
information required under paragraph (b), and submit the
511
schedules to the Department of Education by October 1 of each
512
year. Each public school shall publish schedules for statewide,
513
standardized assessments and district-required assessments on
514
its website using the uniform calendar, including all
515
information required under paragraph (b). The school board-
516
approved assessment uniform calendar must be included in the
517
parent guide required by s. 1002.23(5).
518
Section 13. Paragraphs (b), (c), and (d) of subsection (9)
519
of section 1008.25, Florida Statutes, are amended to read:
520
1008.25 Public school student progression; student
521
support; coordinated screening and progress monitoring;
522
reporting requirements.—
523
(9) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM.—
524
(b) Beginning with the 2022-2023 school year, private
525
Voluntary Prekindergarten Education Program providers and public
526
schools must participate in the coordinated screening and
527
progress monitoring system pursuant to this paragraph.
528
1. For students in the school-year Voluntary
529
Prekindergarten Education Program through grade 2, the
530
coordinated screening and progress monitoring system must be
531
administered at least three times within a school year, with the
532
first administration occurring no later than the first 30
533
instructional days after a student's enrollment or the start of
534
the school year, the second administration occurring midyear,
535
and the third administration occurring within the last 30 days
536
of the school year pursuant to state board rule. The state board
537
may adopt alternate timeframes to address nontraditional school
538
year calendars to ensure the coordinated screening and progress
539
monitoring program is administered a minimum of three times
540
within a year.
541
2. For students in the summer prekindergarten program, the
542
coordinated screening and progress monitoring system must be
543
administered two times, with the first administration occurring
544
no later than the first 10 instructional days after a student's
545
enrollment or the start of the summer prekindergarten program,
546
and the final administration occurring within the last 10 days
547
of the summer prekindergarten program pursuant to state board
548
rule.
549
3. For grades 3 through 10 English Language Arts and
550
grades 3 through 8 Mathematics, the coordinated screening and
551
progress monitoring system must be administered at the
552
beginning, middle, and end of the school year pursuant to state
553
board rule. The end-of-year administration of the coordinated
554
screening and progress monitoring system must be a comprehensive
555
progress monitoring assessment administered in accordance with
556
the scheduling requirements under s. 1008.22(7)(b) s.
557
1008.22(7)(c).
558
(c) To facilitate timely interventions and supports
559
pursuant to subsection (4), the system must provide results from
560
the first two administrations of the progress monitoring to a
561
student's teacher or prekindergarten instructor within 1 week
562
and to the student's parent within 2 weeks after the
563
administration of the progress monitoring. Delivery of results
564
from the comprehensive, end-of-year progress monitoring ELA
565
assessment for grades 3 through 10 and Mathematics assessment
566
for grades 3 through 8 must be in accordance with s.
567
1008.22(7)(g) s. 1008.22(7)(h).
568
1. A student's results from the coordinated screening and
569
progress monitoring system must be recorded in a written, easy-
570
to-comprehend individual student report. Each school district
571
shall provide a parent secure access to his or her child's
572
individual student reports through a web-based portal as part of
573
its student information system. Each early learning coalition
574
shall provide parents the individual student report in a format
575
determined by state board rule.
576
2. In addition to the information under subparagraph
577
(a)5., the report must also include parent resources that
578
explain the purpose of progress monitoring, assist the parent in
579
interpreting progress monitoring results, and support informed
580
parent involvement. Parent resources may include personalized
581
video formats.
582
3. The department shall annually update school districts
583
and early learning coalitions on new system features and
584
functionality and collaboratively identify with school districts
585
and early learning coalitions strategies for meaningfully
586
reporting to parents results from the coordinated screening and
587
progress monitoring system. The department shall develop ways to
588
increase the utilization, by instructional staff and parents, of
589
student assessment data and resources.
590
4. An individual student report must be provided in a
591
printed format upon a parent's request.
592
(d) Screening and progress monitoring system results,
593
including the number of students who demonstrate characteristics
594
of dyslexia and dyscalculia, shall be reported to the department
595
pursuant to state board rule and maintained in the department's
596
Education Data Warehouse. Results must be provided to a
597
student's teacher and parent in a timely manner as required in
598
s. 1008.22(7)(f) s. 1008.22(7)(g).
599
Section 14. Paragraph (c) of subsection (3) and subsection
600
(5) of section 1008.33, Florida Statutes, are amended to read:
601
1008.33 Authority to enforce public school improvement.—
602
(3)
603
(c) The state board shall adopt by rule a differentiated
604
matrix of intervention and support strategies for assisting
605
traditional public schools identified under this section and
606
rules for implementing s. 1002.33(9)(n), relating to charter
607
schools. The intervention and support strategies must address
608
student performance and may include improvement planning;
609
leadership quality improvement; educator quality improvement;
610
professional learning; curriculum review, pacing, and alignment
611
across grade levels to improve background knowledge in social
612
studies, science, and the arts; and the use of continuous
613
improvement and monitoring plans and processes. In addition, the
614
state board may prescribe reporting requirements to review and
615
monitor the progress of the schools. The rule must define the
616
intervention and support strategies for school improvement for
617
schools earning a grade of "D" or "F" and the roles for the
618
district and department. A school may not be required to use the
619
measure of student learning growth in s. 1012.34(7) as the sole
620
determinant to recruit instructional personnel. The rule must
621
create a timeline for a school district's school improvement
622
plan or district-managed turnaround plan to be approved and for
623
the school improvement funds under Title I to be released to the
624
school district. The timeline established in rule for the
625
release of school improvement funding under Title I may not
626
exceed 20 calendar days after the approval of the school
627
improvement plan or district-managed turnaround plan.
628
(5) The state board shall adopt rules pursuant to ss.
629
120.536(1) and 120.54 to administer this section. The rules
630
shall include timelines for submission of implementation plans,
631
approval criteria for implementation plans, timelines for
632
releasing Title I funding, timelines for implementing
633
intervention and support strategies, a standard charter school
634
turnaround contract, a standard facility lease, and a mutual
635
management agreement. The state board shall consult with
636
education stakeholders in developing the rules.
637
Section 15. Paragraph (e) is added to subsection (2) of
638
section 1010.20, Florida Statutes, to read:
639
1010.20 Cost accounting and reporting for school
640
districts.—
641
(2) COST REPORTING.—
642
(e) Each charter school shall receive and respond to
643
monitoring questions from the department.
644
Section 16. Subsections (2) and (4) of section 1011.035,
645
Florida Statutes, are amended to read:
646
1011.035 School district fiscal transparency.—
647
(2) Each district school board shall post on its website:
648
(a) A plain language version of each proposed, tentative,
649
and official budget which describes each budget item in terms
650
that are easily understandable to the public and includes:
651
(a) Graphical representations, for each public school
652
within the district and for the school district, of the
653
following:
654
1. Summary financial efficiency data.
655
2. Fiscal trend information for the previous 3 years on:
656
a. The ratio of full-time equivalent students to full-time
657
equivalent instructional personnel.
658
b. The ratio of full-time equivalent students to full-time
659
equivalent administrative personnel.
660
c. The total operating expenditures per full-time
661
equivalent student.
662
d. The total instructional expenditures per full-time
663
equivalent student.
664
e. The general administrative expenditures as a percentage
665
of total budget.
666
f. The rate of change in the general fund's ending fund
667
balance not classified as restricted.
668
(b) A link to the web-based fiscal transparency tool
669
developed by the department pursuant to s. 1010.20 to enable
670
taxpayers to evaluate the financial efficiency of the school
671
district and compare the financial efficiency of the school
672
district with other similarly situated school districts.
674
This information must be prominently posted on the school
675
district's website in a manner that is readily accessible to the
676
public.
677
(4) The website should contain links to:
678
(a) Help explain or provide background information on
679
various budget items that are required by state or federal law.
680
(b) Allow users to navigate to related sites to view
681
supporting details.
682
(c) enable taxpayers, parents, and education advocates to
683
send e-mails asking questions about the budget and enable others
684
to view the questions and responses.
685
Section 17. Subsection (1) of section 1011.14, Florida
686
Statutes, is amended to read:
687
1011.14 Obligations for a period of 1 year.—District
688
school boards are authorized only under the following conditions
689
to create obligations by way of anticipation of budgeted
690
revenues accruing on a current basis without pledging the credit
691
of the district or requiring future levy of taxes for certain
692
purposes for a period of 1 year; however, such obligations may
693
be extended from year to year with the consent of the lender for
694
a period not to exceed 4 years, or for a total of 5 years
695
including the initial year of the loan:
696
(1) PURPOSES.—The purposes for which such obligations may
697
be incurred within the intent of this section shall include only
698
the purchase of school buses, land, and equipment for
699
educational purposes; the erection of, alteration to, or
700
addition to educational plants, ancillary plants, and auxiliary
701
facilities; and the adjustment of insurance on educational
702
property on a 5-year plan, as provided by rules of the State
703
Board of Education.
704
Section 18. Subsection (2) of section 1011.60, Florida Statutes, is amended to read:
706
1011.60 Minimum requirements of the Florida Education
707
Finance Program.—Each district which participates in the state
708
appropriations for the Florida Education Finance Program shall
709
provide evidence of its effort to maintain an adequate school
710
program throughout the district and shall meet at least the
711
following requirements:
712
(2) MINIMUM TERM.—Operate all schools for a term of 180
713
actual teaching days or the equivalent on an hourly basis as
714
specified by rules of the State Board of Education each school
715
year. The State Board of Education may prescribe procedures for
716
altering, and, upon written application, may alter, this
717
requirement during a national, state, or local emergency as it
718
may apply to an individual school or schools in any district or
719
districts if the district school board certifies to the
720
Commissioner of Education that, in the opinion of the board, it
721
is not necessary feasible to make up lost days or hours, and the
722
apportionment may, at the discretion of the Commissioner of
723
Education and if the board determines that the reduction of
724
school days or hours is caused by the existence of a bona fide
725
emergency, be reduced for such district or districts in
726
proportion to the decrease in the length of term in any such
727
school or schools. A strike, as defined in s. 447.203(6), by
728
employees of the school district may not be considered an
729
emergency. Section 19. Paragraph (b) of subsection (3) of section
731
1011.6202, Florida Statutes, is amended to read:
732
1011.6202 Principal Autonomy Program Initiative.—The
733
Principal Autonomy Program Initiative is created within the
734
Department of Education. The purpose of the program is to
735
provide a highly effective principal of a participating school
736
with increased autonomy and authority to operate his or her
737
school, as well as other schools, in a way that produces
738
significant improvements in student achievement and school
739
management while complying with constitutional requirements. The
740
State Board of Education may, upon approval of a principal
741
autonomy proposal, enter into a performance contract with the
742
district school board for participation in the program.
743
(3) EXEMPTION FROM LAWS.—
744
(b) A participating school or a school operated by a
745
principal pursuant to subsection (5) shall comply with the
746
provisions of chapters 1000-1013, and rules of the state board
747
that implement those provisions, pertaining to the following:
748
1. Those laws relating to the election and compensation of
749
district school board members, the election or appointment and
750
compensation of district school superintendents, public meetings
751
and public records requirements, financial disclosure, and
752
conflicts of interest.
753
2. Those laws relating to the student assessment program
754
and school grading system, including chapter 1008.
755
3. Those laws relating to the provision of services to
756
students with disabilities.
757
4. Those laws relating to civil rights, including s.
758
1000.05, relating to discrimination.
759
5. Those laws relating to student health, safety, and
760
welfare.
761
6. Section 1001.42(4)(f), relating to the uniform opening
762
date for public schools.
763
7. Section 1003.03, governing maximum class size, except
764
that the calculation for compliance pursuant to s. 1003.03 is
765
the average at the school level for a participating school.
766
8. Sections 1012.22(1)(c) and 1012.27(2), relating to
767
compensation and salary schedules.
768
9. Section 1012.33(5), relating to workforce reductions
769
for annual contracts for instructional personnel. This
770
subparagraph does not apply to at-will employees.
771
10. Section 1012.335, relating to annual or instructional
772
multiyear contracts for instructional personnel hired on or
773
after July 1, 2011. This subparagraph does not apply to at-will
774
employees.
775
11. Section 1012.34, relating to personnel evaluation
776
procedures and criteria.
777
12. Those laws pertaining to educational facilities,
778
including chapter 1013, except that s. 1013.20, relating to
779
covered walkways for relocatables, is eligible for exemption.
780
13. Those laws pertaining to participating school
781
districts, including this section and ss. 1011.69(2) and
782
1012.28(8).
783
Section 20. Subsection (4) of section 1011.69, Florida
784
Statutes, is amended, and subsection (5) is added to that
785
section, to read:
786
1011.69 Equity in School-Level Funding Act.—
787
(4) After providing Title I, Part A, Basic funds to
788
schools above the 75 percent poverty threshold, which may
789
include high schools above the 50 percent threshold as permitted
790
by federal law, school districts shall provide any remaining
791
Title I, Part A, Basic funds directly to all eligible schools as
792
provided in this subsection. For purposes of this subsection, an
793
eligible school is a school that is eligible to receive Title I
794
funds, including a charter school. The threshold for identifying
795
eligible schools may not exceed the threshold established by a
796
school district for the 2016-2017 school year or the statewide
797
percentage of economically disadvantaged students, as determined
798
annually.
799
(a) Prior to the allocation of Title I funds to eligible
800
schools, a school district may withhold funds only as follows:
801
1. One percent for parent involvement, in addition to the
802
one percent the district must reserve under federal law for
803
allocations to eligible schools for parent involvement;
804
2. A necessary and reasonable amount for administration
805
which includes the district's indirect cost rate, not to exceed
806
a total of 10 percent;
807
3. A reasonable and necessary amount to provide:
808
a. Homeless programs;
809
b. Delinquent and neglected programs;
810
c. Prekindergarten programs and activities;
811
d. Private school equitable services; and
812
e. Transportation for foster care children to their school
813
of origin or choice programs;
814
4. Up to 5 percent to provide financial incentives and
815
rewards to teachers who serve students in eligible schools,
816
including charter schools, identified for comprehensive support
817
and improvement activities or targeted support and improvement
818
activities, for the purpose of attracting and retaining
819
qualified and effective teachers, including teachers of any
820
subject or grade level for whom a measurement under s.
821
1012.34(7) or a state-approved Alternative Student Growth Model
822
is unavailable; and
823
5.4. A necessary and reasonable amount, not to exceed 1
824
percent, for eligible schools, including charter schools, to
825
provide educational services in accordance with the approved
826
Title I plan. Such educational services may include the
827
provision of STEM curricula, instructional materials, and
828
related learning technologies that support academic achievement
829
in science, technology, engineering, and mathematics in Title I
830
schools, including, but not limited to, technologies related to
831
drones, coding, animation, artificial intelligence,
832
cybersecurity, data science, the engineering design process,
833
mobile development, and robotics. Funds may be reserved under
834
this subparagraph only to the extent that all required
835
reservations under federal law have been met and that such
836
reservation does not reduce school-level allocations below the
837
levels required under federal law.
838
(b) All remaining Title I funds shall be distributed to
839
all eligible schools in accordance with federal law and
840
regulation. An eligible school may use funds under this
841
subsection to participate in discretionary educational services
842
provided by the school district. Any funds provided by an
843
eligible school to participate in discretionary educational
844
services provided by the school district are not subject to the
845
requirements of this subsection.
846
(c) Any funds carried forward by the school district are
847
not subject to the requirements of this subsection.
848
(5) The Department of Education shall make funds from
849
Title I, Title II, and Title III programs available to local
850
education agencies for the full period of availability provided
851
in federal law.
852
Section 21. Subsections (7) through (9) of section
853
1011.71, Florida Statutes, are renumbered as subsections (5)
854
through (7), respectively and present subsections (2) through (6) are amended to read:
856
1011.71 District school tax.—
857
(2) In addition to the maximum millage levy as provided in
858
subsection (1), each school board may levy not more than 1.5
859
mills against the taxable value for school purposes for charter
860
schools pursuant to s. 1013.62(1) and (3) and for district
861
schools for operational or capital purposes. to fund:
862
(a) New construction, remodeling projects, sites and site
863
improvement or expansion to new sites, existing sites, auxiliary
864
facilities, athletic facilities, or ancillary facilities.
865
(b) Maintenance, renovation, and repair of existing school
866
plants or of leased facilities to correct deficiencies pursuant
867
to s. 1013.15(2).
868
(c) The purchase, lease-purchase, or lease of school
869
buses.
870
(d) The purchase, lease-purchase, or lease of new and
871
replacement equipment; computer and device hardware and
872
operating system software necessary for gaining access to or
873
enhancing the use of electronic and digital instructional
874
content and resources; and enterprise resource software
875
applications that are classified as capital assets in accordance
876
with definitions of the Governmental Accounting Standards Board,
877
have a useful life of at least 5 years, and are used to support
878
districtwide administration or state-mandated reporting
879
requirements. Enterprise resource software may be acquired by
880
annual license fees, maintenance fees, or lease agreements.
881
(e) Payments for educational facilities and sites due
882
under a lease-purchase agreement entered into by a district
883
school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
884
exceeding, in the aggregate, an amount equal to three-fourths of
885
the proceeds from the millage levied by a district school board
886
pursuant to this subsection. The three-fourths limit is waived
887
for lease-purchase agreements entered into before June 30, 2009,
888
by a district school board pursuant to this paragraph. If
889
payments under lease-purchase agreements in the aggregate,
890
including lease-purchase agreements entered into before June 30,
891
2009, exceed three-fourths of the proceeds from the millage
892
levied pursuant to this subsection, the district school board
893
may not withhold the administrative fees authorized by s.
894
1002.33(20) from any charter school operating in the school
895
district.
896
(f) Payment of loans approved pursuant to ss. 1011.14 and
897
1011.15.
898
(g) Payment of costs directly related to complying with
899
state and federal environmental statutes, rules, and regulations
900
governing school facilities.
901
(h) Payment of costs of leasing relocatable educational
902
facilities, of renting or leasing educational facilities and
903
sites pursuant to s. 1013.15(2), or of renting or leasing
904
buildings or space within existing buildings pursuant to s.
905
1013.15(4).
906
(i) Payment of the cost of school buses when a school
907
district contracts with a private entity to provide student
908
transportation services if the district meets the requirements
909
of this paragraph.
910
1. The district's contract must require that the private
911
entity purchase, lease-purchase, or lease, and operate and
912
maintain, one or more school buses of a specific type and size
913
that meet the requirements of s. 1006.25.
914
2. Each such school bus must be used for the daily
915
transportation of public school students in the manner required
916
by the school district.
917
3. Annual payment for each such school bus may not exceed
918
10 percent of the purchase price of the state pool bid.
919
4. The proposed expenditure of the funds for this purpose
920
must have been included in the district school board's notice of
921
proposed tax for school capital outlay as provided in s.
922
200.065(10).
923
(j) Payment of the cost of the opening day collection for
924
the library media center of a new school.
925
(k) Payment of salaries and benefits for employees whose
926
job duties support activities funded by this subsection.
927
(3) Notwithstanding subsection (2), if the revenue from
928
1.5 mills is insufficient to meet the payments due under a
929
lease-purchase agreement entered into before June 30, 2009, by a
930
district school board pursuant to paragraph (2)(e), or to meet
931
other critical district fixed capital outlay needs, the board,
932
in addition to the 1.5 mills, may levy up to 0.25 mills for
933
fixed capital outlay in lieu of levying an equivalent amount of
934
the discretionary mills for operations as provided in the
935
General Appropriations Act. Millage levied pursuant to this
936
subsection is subject to the provisions of s. 200.065 and,
937
combined with the 1.5 mills authorized in subsection (2), may
938
not exceed 1.75 mills. If the district chooses to use up to 0.25
939
mills for fixed capital outlay, the compression adjustment
940
pursuant to s. 1011.62(5) shall be calculated for the standard
941
discretionary millage that is not eligible for transfer to
942
capital outlay.
943
(4) If the revenue from the millage authorized in
944
subsection (2) is insufficient to make payments due under a
945
lease-purchase agreement entered into prior to June 30, 2008, by
946
a district school board pursuant to paragraph (2)(e), an amount
947
up to 0.5 mills of the taxable value for school purposes within
948
the school district shall be legally available for such
949
payments, notwithstanding other restrictions on the use of such
950
revenues imposed by law.
951
(5) A school district may expend, subject to s. 200.065,
952
up to $200 per unweighted full-time equivalent student from the
953
revenue generated by the millage levy authorized by subsection
954
(2) to fund, in addition to expenditures authorized in
955
paragraphs (2)(a)-(j), expenses for the following:
956
(a) The purchase, lease-purchase, or lease of driver's
957
education vehicles; motor vehicles used for the maintenance or
958
operation of plants and equipment; security vehicles; or
959
vehicles used in storing or distributing materials and
960
equipment.
961
(b) Payment of the cost of premiums, as defined in s.
962
627.403, for property and casualty insurance necessary to insure
963
school district educational and ancillary plants. As used in
964
this paragraph, casualty insurance has the same meaning as in s.
965
624.605(1)(b), (d), (f), (g), (h), and (m). Operating revenues
966
that are made available through the payment of property and
967
casualty insurance premiums from revenues generated under this
968
subsection may be expended only for nonrecurring operational
969
expenditures of the school district.
970
(6) Violations of the expenditure provisions in subsection
971
(2) or subsection (5) shall result in an equal dollar reduction
972
in the Florida Education Finance Program (FEFP) funds for the
973
violating district in the fiscal year following the audit
974
citation.
975
Section 22. Paragraph (c) of subsection (1) and paragraph
976
(a) of subsection (3) of section 1012.22, Florida Statutes, are
977
amended to read:
978
1012.22 Public school personnel; powers and duties of the
979
district school board.—The district school board shall:
980
(1) Designate positions to be filled, prescribe
981
qualifications for those positions, and provide for the
982
appointment, compensation, promotion, suspension, and dismissal
983
of employees as follows, subject to the requirements of this
984
chapter:
985
(c) Compensation and salary schedules.—
986
1. Definitions.—As used in this paragraph:
987
a. "Adjustment" means an addition to the base salary
988
schedule that is not a bonus and becomes part of the employee's
989
permanent base salary and shall be considered compensation under
990
s. 121.021(22).
991
b. "Grandfathered salary schedule" means the salary
992
schedule or schedules adopted by a district school board before
993
July 1, 2014, pursuant to subparagraph 4.
994
c. "Instructional personnel" means instructional personnel
995
as defined in s. 1012.01(2)(a)-(d), excluding substitute
996
teachers.
997
d. "Performance salary schedule" means the salary schedule
998
or schedules adopted by a district school board pursuant to
999
subparagraph 5.
1000
e. "Salary schedule" means the schedule or schedules used
1001
to provide the base salary for district school board personnel.
1002
f. "School administrator" means a school administrator as
1003
defined in s. 1012.01(3)(c).
1004
g. "Supplement" means an annual addition to the base
1005
salary for the term of the negotiated supplement as long as the
1006
employee continues his or her employment for the purpose of the
1007
supplement. A supplement does not become part of the employee's
1008
continuing base salary but shall be considered compensation
1009
under s. 121.021(22).
1010
2. Cost-of-living adjustment.—A district school board may
1011
provide a cost-of-living salary adjustment if the adjustment:
1012
a. Does not discriminate among comparable classes of
1013
employees based upon the salary schedule under which they are
1014
compensated.
1015
b. Does not exceed 50 percent of the annual adjustment
1016
provided to instructional personnel rated as effective.
1017
3. Advanced degrees.—A district school board may use
1018
advanced degrees in setting a salary schedule for instructional
1019
personnel or school administrators if the advanced degree is
1020
held in the individual's area of certification, a field related
1021
to his or her teaching assignment, or a related field of study.
1022
For the purposes of the salary schedule, an advanced degree may
1023
include a master's degree or higher in the area of certification
1024
or teaching assignment, or an advanced degree in another field
1025
with a minimum of 18 graduate semester hours related to the area
1026
of certification or teaching assignment.
1027
4. Grandfathered salary schedule.—
1028
a. The district school board shall adopt a salary schedule
1029
or salary schedules to be used as the basis for paying all
1030
school employees hired before July 1, 2014. Instructional
1031
personnel on annual contract as of July 1, 2014, shall be placed
1032
on the performance salary schedule adopted under subparagraph 4.
1033
5. Instructional personnel on continuing contract or
1034
professional service contract may opt into the performance
1035
salary schedule if the employee relinquishes such contract and
1036
agrees to be employed on an annual contract under s. 1012.335.
1037
Such an employee shall be placed on the performance salary
1038
schedule and may not return to continuing contract or
1039
professional service contract status. Any employee who opts into
1040
the performance salary schedule may not return to the
1041
grandfathered salary schedule.
1042
b. In determining the grandfathered salary schedule for
1043
instructional personnel, a district school board must base a
1044
portion of each employee's compensation upon performance
1045
demonstrated under s. 1012.34 and shall provide differentiated
1046
pay for both instructional personnel and school administrators
1047
based upon district-determined factors, including, but not
1048
limited to, additional responsibilities, school demographics,
1049
high-demand teacher needs areas, and level of job performance
1050
difficulties.
1051
5. Performance salary schedule.—By July 1, 2014, the
1052
district school board shall adopt a performance salary schedule
1053
that provides annual salary adjustments for instructional
1054
personnel and school administrators based upon performance
1055
determined under s. 1012.34. Employees hired on or after July 1,
1056
2014, or employees who choose to move from the grandfathered
1057
salary schedule to the performance salary schedule shall be
1058
compensated pursuant to the performance salary schedule once
1059
they have received the appropriate performance evaluation for
1060
this purpose.
1061
a. Base salary.—The base salary shall be established as
1062
follows:
1063
(I) The base salary for instructional personnel or school
1064
administrators who opt into the performance salary schedule
1065
shall be the salary paid in the prior year, including
1066
adjustments only.
1067
(II) Instructional personnel or school administrators new
1068
to the district, returning to the district after a break in
1069
service without an authorized leave of absence, or appointed for
1070
the first time to a position in the district in the capacity of
1071
instructional personnel or school administrator shall be placed
1072
on the performance salary schedule.
1073
b. Salary adjustments.—Salary adjustments for highly
1074
effective or effective performance shall be established as
1075
follows:
1076
(I) The annual salary adjustment under the performance
1077
salary schedule for an employee rated as highly effective must
1078
be at least 25 percent greater than the highest annual salary
1079
adjustment available to an employee of the same classification
1080
through any other salary schedule adopted by the district.
1081
(II) The annual salary adjustment under the performance
1082
salary schedule for an employee rated as effective must be equal
1083
to at least 50 percent and no more than 75 percent of the annual
1084
adjustment provided for a highly effective employee of the same
1085
classification.
1086
(III) A salary schedule may shall not provide an annual
1087
salary adjustment for an employee who receives a rating other
1088
than highly effective or effective for the year.
1089
c. Salary supplements.—In addition to the salary
1090
adjustments, each district school board shall provide for salary
1091
supplements for activities that must include, but are not
1092
limited to:
1093
(I) Assignment to a Title I eligible school.
1094
(II) Assignment to a school that earned a grade of "F" or
1095
three consecutive grades of "D" pursuant to s. 1008.34 such that
1096
the supplement remains in force for at least 1 year following
1097
improved performance in that school.
1098
(III) Certification and teaching in high-demand teacher
1099
needs areas. Statewide high-demand teacher needs areas shall be
1100
identified by the State Board of Education under s. 1012.07.
1101
However, the district school board may identify other areas of
1102
high-demand needs within the school district for purposes of
1103
this sub-sub-subparagraph and may remove areas identified by the
1104
state board which do not apply within the school district.
1105
(IV) Assignment of additional academic responsibilities.
1107
If budget constraints in any given year limit a district school
1108
board's ability to fully fund all adopted salary schedules, the
1109
performance salary schedule may shall not be reduced on the
1110
basis of total cost or the value of individual awards in a
1111
manner that is proportionally greater than reductions to any
1112
other salary schedules adopted by the district. Any compensation
1113
for longevity of service awarded to instructional personnel who
1114
are on any other salary schedule must be included in calculating
1115
the salary adjustments required by sub-subparagraph b.
1116
(3)(a) Collective bargaining.—Notwithstanding provisions
1117
of chapter 447 related to district school board collective
1118
bargaining, collective bargaining may not preclude a district
1119
school board from carrying out its constitutional and statutory
1120
duties related to the following:
1121
1. Providing incentives to effective and highly effective
1122
teachers.
1123
2. Implementing intervention and support strategies under
1124
s. 1008.33 to address the causes of low student performance and
1125
improve student academic performance and attendance.
1126
3. Implementing student discipline provisions required by
1127
law, including a review of a student's abilities, past
1128
performance, behavior, and needs.
1129
4. Implementing school safety plans and requirements.
1130
5. Implementing staff and student recognition programs.
1131
6. Distributing correspondence to parents, teachers, and
1132
community members related to the daily operation of schools and
1133
the district.
1134
7. Providing any required notice or copies of information
1135
related to the district school board or district operations
1136
which is readily available on the school district's website.
1137
8. The school district's calendar.
1138
9. Providing salary supplements pursuant to sub-sub-
1139
subparagraph (1)(c)5.c.(III). Section 23. Present paragraphs (b) and (c) of subsection
1141
(1) of section 1012.335, Florida Statutes, are redesignated as
1142
paragraphs (c) and (d), respectively, a new paragraph (b) is
1143
added to that subsection, paragraphs (d), (e), and (f) are added
1144
to subsection (2) of that section, and subsections (3) and (4)
1145
of that section are amended, to read:
1146
1012.335 Contracts with instructional personnel hired on
1147
or after July 1, 2011.—
1148
(1) DEFINITIONS.—As used in this section, the term:
1149
(b) "Instructional multiyear contract," beginning July 1,
1150
2026, means an employment contract for a period not to exceed 3
1151
years which the district school board may choose to award to
1152
instructional personnel upon completion of a probationary
1153
contract and at least one annual contract.
1154
(2) EMPLOYMENT.—
1155
(d) An instructional multiyear contract may be awarded,
1156
beginning July 1, 2026, only if the employee:
1157
1. Holds an active professional certificate issued
1158
pursuant to s. 1012.56 and rules of the State Board of
1159
Education;
1160
2. Has been recommended by the district school
1161
superintendent for the instructional multiyear contract based
1162
upon the individual's evaluation under s. 1012.34 and approved
1163
by the district school board; and
1164
3. Has not received an annual performance evaluation
1165
rating of unsatisfactory or needs improvement in the past 3
1166
years under s. 1012.34.
1167
(e) An employee awarded an instructional multiyear
1168
contract who receives an annual performance evaluation rating of
1169
unsatisfactory or needs improvement under s. 1012.34 must be
1170
returned to an annual contract in the following school year.
1171
Such evaluation rating must be included with the evaluation
1172
ratings under subsequent annual contracts for determinations of
1173
just cause under s. 1012.33.
1174
(f) The award of an instructional multiyear contract does
1175
not remove the authority of the district school superintendent
1176
to reassign a teacher during the term of the contract.
1177
(3) VIOLATION OF ANNUAL OR INSTRUCTIONAL MULTIYEAR
1178
CONTRACT.—Instructional personnel who accept a written offer
1179
from the district school board and who leave their positions
1180
without prior release from the district school board are subject
1181
to the jurisdiction of the Education Practices Commission.
1182
(4) SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON
1183
ANNUAL OR INSTRUCTIONAL MULTIYEAR CONTRACT.—Any instructional
1184
personnel with an annual or instructional multiyear contract may
1185
be suspended or dismissed at any time during the term of the
1186
contract for just cause as provided in subsection (5). The
1187
district school board shall notify the employee in writing
1188
whenever charges are made and may suspend such person without
1189
pay. However, if the charges are not sustained, the employee
1190
must shall be immediately reinstated and his or her back pay
1191
must shall be paid. If the employee wishes to contest the
1192
charges, he or she must, within 15 days after receipt of the
1193
written notice, submit a written request for a hearing to the
1194
district school board. A direct hearing must shall be conducted
1195
by the district school board or a subcommittee thereof within 60
1196
days after receipt of the written appeal. The hearing must shall
1197
be conducted in accordance with ss. 120.569 and 120.57. A
1198
majority vote of the membership of the district school board
1199
shall be required to sustain the district school
1200
superintendent's recommendation. The district school board's
1201
determination is final as to the sufficiency or insufficiency of
1202
the grounds for suspension without pay or dismissal. Any such
1203
decision adverse to the employee may be appealed by the employee
1204
pursuant to s. 120.68. Section 24. Paragraph (c) of subsection (1) of section
1206
1012.39, Florida Statutes, is amended to read:
1207
1012.39 Employment of substitute teachers, teachers of
1208
adult education, nondegreed teachers of career education, and
1209
career specialists and nondegreed teachers of fine and
1210
performing arts; students performing clinical field experience.—
1211
(1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
1212
1012.57, or any other provision of law or rule to the contrary,
1213
each district school board shall establish the minimal
1214
qualifications for:
1215
(c) Part-time and full-time nondegreed teachers of career
1216
programs. Qualifications must be established for nondegreed
1217
teachers of career and technical education courses for program
1218
clusters that are recognized in the state and are based
1219
primarily on successful occupational experience rather than
1220
academic training. The qualifications for such teachers must
1221
require:
1222
1. The filing of a complete set of fingerprints in the
1223
same manner as required by s. 1012.32. Faculty employed solely
1224
to conduct postsecondary instruction may be exempted from this
1225
requirement.
1226
2. Documentation of education and successful occupational
1227
experience, including documentation of:
1228
a. A high school diploma or the equivalent.
1229
b. Completion of a minimum level, established by the
1230
district school board, 3 years of full-time successful
1231
occupational experience or the equivalent of part-time
1232
experience in the teaching specialization area. The district
1233
school board may establish alternative qualifications for
1234
teachers with an industry certification in the career area in
1235
which they teach.
1236
c. For full-time teachers, completion of professional
1237
education training in teaching methods, course construction,
1238
lesson planning and evaluation, and teaching special needs
1239
students. This training may be completed through coursework from
1240
an accredited or approved institution or an approved district
1241
teacher education program, or the local school district
1242
inservice master plan.
1243
d. Documentation of industry certification when state or
1244
national industry certifications are available and applicable.
1245
Section 25. Paragraphs (a), (b), (d), and (e) of
1246
subsection (2) of section 1012.555, Florida Statutes, are
1247
amended to read:
1248
1012.555 Teacher Apprenticeship Program.—
1249
(2)(a) An individual must meet the following minimum
1250
eligibility requirements to participate in the apprenticeship
1251
program:
1252
1. Be enrolled in or have completed Have received an
1253
associate degree program at from an accredited postsecondary
1254
institution.
1255
2. Have earned a cumulative grade point average of 2.5 in
1256
that degree program.
1257
3. Have successfully passed a background screening as
1258
provided in s. 1012.32.
1259
4. Have received a temporary apprenticeship certificate as
1260
provided in s. 1012.56(7)(d).
1261
(b) As a condition of participating in the program, an
1262
apprentice teacher must commit to spending at least the first 2
1263
years in the classroom of a mentor teacher using team teaching
1264
strategies identified in s. 1003.03(4)(b) s. 1003.03(5)(b) and
1265
fulfilling the on-the-job training component of the registered
1266
apprenticeship and its associated standards.
1267
(d) An apprentice teacher must be appointed by the
1268
district school board or work in the district as an education
1269
paraprofessional and must be paid in accordance with s. 446.032
1270
and rules adopted by the State Board of Education.
1271
(e) An apprentice teacher may change schools or districts
1272
after the first year of his or her apprenticeship if the
1273
receiving hiring school or district has agreed to fund the
1274
remaining year of the apprenticeship.
1275
Section 26. Paragraph (g) of subsection (2), subsection
1276
(7), and paragraph (a) of subsection (8) of section 1012.56,
1277
Florida Statutes, are amended to read:
1278
1012.56 Educator certification requirements.—
1279
(2) ELIGIBILITY CRITERIA.—To be eligible to seek
1280
certification, a person must:
1281
(g) Demonstrate mastery of general knowledge pursuant to
1282
subsection (3), if the person serves as a classroom teacher as
1283
defined in s. 1012.01(2)(a).
1284
(7) TYPES AND TERMS OF CERTIFICATION.—
1285
(a) The Department of Education shall issue a professional
1286
certificate for a period not to exceed 5 years to any applicant
1287
who fulfills one of the following:
1288
1. Meets all the applicable requirements outlined in
1289
subsection (2).
1290
2. For a professional certificate covering grades 6
1291
through 12:
1292
a. Meets the applicable requirements of paragraphs (2)(a)-
1293
(h).
1294
b. Holds a master's or higher degree in the area of
1295
science, technology, engineering, or mathematics.
1296
c. Teaches a high school course in the subject of the
1297
advanced degree.
1298
d. Is rated highly effective as determined by the
1299
teacher's performance evaluation under s. 1012.34, based in part
1300
on student performance as measured by a statewide, standardized
1301
assessment or an Advanced Placement, Advanced International
1302
Certificate of Education, or International Baccalaureate
1303
examination.
1304
e. Achieves a passing score on the Florida professional
1305
education competency examination required by state board rule.
1306
3. Meets the applicable requirements of paragraphs (2)(a)-
1307
(h) and completes a professional learning certification program
1308
approved by the department pursuant to paragraph (8)(c) or an
1309
educator preparation institute approved by the department
1310
pursuant to s. 1004.85. An applicant who completes one of these
1311
programs and is rated highly effective as determined by his or
1312
her performance evaluation under s. 1012.34 is not required to
1313
take or achieve a passing score on the professional education
1314
competency examination in order to be awarded a professional
1315
certificate.
1316
(b) The department shall issue a temporary certificate to
1317
any applicant who:
1318
1. Completes the requirements outlined in paragraphs
1319
(2)(a)-(f) and completes the subject area content requirements
1320
specified in state board rule or demonstrates mastery of subject
1321
area knowledge pursuant to subsection (5) and holds an
1322
accredited degree or a degree approved by the Department of
1323
Education at the level required for the subject area
1324
specialization in state board rule;
1325
2. For a subject area specialization for which the state
1326
board otherwise requires a bachelor's degree, documents 48
1327
months of active-duty military service with an honorable
1328
discharge or a medical separation; completes the requirements
1329
outlined in paragraphs (2)(a), (b), and (d)-(f); completes the
1330
subject area content requirements specified in state board rule
1331
or demonstrates mastery of subject area knowledge pursuant to
1332
subsection (5); and documents completion of 60 college credits
1333
with a minimum cumulative grade point average of 2.5 on a 4.0
1334
scale, as provided by one or more accredited institutions of
1335
higher learning or a nonaccredited institution of higher
1336
learning identified by the Department of Education as having a
1337
quality program resulting in a bachelor's degree or higher; or
1338
3. Is enrolled in a state-approved teacher preparation
1339
program under s. 1004.04; is actively completing the required
1340
program field experience or internship at a public school;
1341
completes the requirements outlined in paragraphs (2)(a), (b),
1342
and (d)-(f); completes the subject area content requirements
1343
specified in state board rule or demonstrates mastery of subject
1344
area knowledge pursuant to subsection (5); and documents
1345
completion of 60 college credits with a minimum cumulative grade
1346
point average of 2.5 on a 4.0 scale, as provided by one or more
1347
accredited institutions of higher learning or a nonaccredited
1348
institution of higher learning identified by the Department of
1349
Education as having a quality program resulting in a bachelor's
1350
degree or higher.
1351
(c) The department shall issue one nonrenewable 2-year
1352
temporary certificate and one nonrenewable 5-year professional
1353
certificate to a qualified applicant who holds a bachelor's
1354
degree in the area of speech-language impairment to allow for
1355
completion of a master's degree program in speech-language
1356
impairment.
1357
(d) The department shall issue a temporary apprenticeship
1358
certificate to any applicant who meets the requirements of
1359
paragraphs (2)(a), (b), and (d)-(f).
1360
(e) A person who is issued a temporary certificate under
1361
paragraph (b) must be assigned a teacher mentor for a minimum of
1362
2 school years after commencing employment. Each teacher mentor
1363
selected by the school district, charter school, or charter
1364
management organization must:
1365
1. Hold a valid professional certificate issued pursuant
1366
to this section;
1367
2. Have earned at least 3 years of teaching experience in
1368
prekindergarten through grade 12; and
1369
3. Have earned an effective or highly effective rating on
1370
the prior year's performance evaluation under s. 1012.34.
1371
(f)1. A temporary certificate is valid for 5 school fiscal
1372
years, is limited to a one-time issuance, and is nonrenewable.
1373
2. A temporary apprenticeship certificate issued under
1374
paragraph (d) is valid for 5 school years, may be issued only
1375
once, and is nonrenewable.
1376
(g) A certificateholder may request that her or his
1377
certificate be placed in an inactive status. A certificate that
1378
has been inactive may be reactivated upon application to the
1379
department. The department shall prescribe, by rule,
1380
professional learning requirements as a condition of
1381
reactivating a certificate that has been inactive for more than
1382
1 year.
1383
(h) A school district or a regional education consortium
1384
may issue temporary certificates, based on the requirements in
1385
paragraph (b). School districts and regional education consortia
1386
shall report the number of such certificates issued, and any
1387
additional information, to the department, based on reporting
1388
requirements adopted by the State Board of Education. Such
1389
certificates are subject to the authority of the Education
1390
Practices Commission under s. 1012.795.
1392
At least 1 year before an individual's department-issued
1393
temporary certificate is set to expire, the department shall
1394
electronically notify the individual of the date on which his or
1395
her certificate will expire and provide a list of each method by
1396
which the qualifications for a professional certificate can be
1397
completed.
1398
(8) PROFESSIONAL LEARNING CERTIFICATION PROGRAM.—
1399
(a) The Department of Education shall develop and each
1400
school district, charter school, and charter management
1401
organization may provide a cohesive competency-based
1402
professional learning certification program by which
1403
instructional staff may satisfy the mastery of professional
1404
preparation and education competence requirements specified in
1405
subsection (6) and rules of the State Board of Education.
1406
Participants must hold a state-issued temporary certificate. A
1407
school district, charter school, or charter management
1408
organization that implements the program shall provide a
1409
competency-based certification program developed by the
1410
Department of Education or developed by the district, charter
1411
school, or charter management organization and approved by the
1412
Department of Education. These entities may collaborate with
1413
other supporting agencies or educational entities for
1414
implementation. The program shall include the following:
1415
1. A teacher mentorship and induction component.
1416
a. Each individual selected by the district, charter
1417
school, or charter management organization as a mentor:
1418
(I) Must hold a valid professional certificate issued
1419
pursuant to this section;
1420
(II) Must have earned at least 3 years of teaching
1421
experience in prekindergarten through grade 12;
1422
(III) Must have completed training in clinical supervision
1423
and participate in ongoing mentor training provided through the
1424
coordinated system of professional learning under s. 1012.98(4);
1425
(IV) Must have earned an effective or highly effective
1426
rating on the prior year's performance evaluation; and
1427
(V) May be a peer evaluator under the district's
1428
evaluation system approved under s. 1012.34.
1429
b. The teacher mentorship and induction component must, at
1430
a minimum, provide routine opportunities for mentoring and
1431
induction activities, including ongoing professional learning as
1432
described in s. 1012.98 targeted to a teacher's needs,
1433
opportunities for a teacher to observe other teachers, co-
1434
teaching experiences, and reflection and follow-up followup
1435
discussions. Professional learning must meet the criteria
1436
established in s. 1012.98(3). Mentorship and induction
1437
activities must be provided for an applicant's first year in the
1438
program and may be provided until the applicant attains his or
1439
her professional certificate in accordance with this section.
1440
2. An assessment of teaching performance aligned to the
1441
district's, charter school's, or charter management
1442
organization's system for personnel evaluation under s. 1012.34
1443
which provides for:
1444
a. An initial evaluation of each educator's competencies
1445
to determine an appropriate individualized professional learning
1446
plan.
1447
b. A summative evaluation to assure successful completion
1448
of the program.
1449
3. Professional education preparation content knowledge,
1450
which must be included in the mentoring and induction activities
1451
under subparagraph 1., that includes, but is not limited to, the
1452
following:
1453
a. The state academic standards provided under s. 1003.41,
1454
including scientifically researched and evidence-based reading
1455
instructional strategies grounded in the science of reading,
1456
content literacy, and mathematical practices, for each subject
1457
identified on the temporary certificate. Reading instructional
1458
strategies for foundational skills shall include phonics
1459
instruction for decoding and encoding as the primary
1460
instructional strategy for word reading. Instructional
1461
strategies may not employ the three-cueing system model of
1462
reading or visual memory as a basis for teaching word reading.
1463
Instructional strategies may include visual information and
1464
strategies which improve background and experiential knowledge,
1465
add context, and increase oral language and vocabulary to
1466
support comprehension, but may not be used to teach word
1467
reading.
1468
b. The educator-accomplished practices approved by the
1469
state board.
1470
4. Required achievement of passing scores on the subject
1471
area and professional education competency examination required
1472
by State Board of Education rule. Mastery of general knowledge
1473
must be demonstrated as described in subsection (3).
1474
5. Beginning with candidates entering a program in the
1475
2022-2023 school year, a candidate for certification in a
1476
coverage area identified pursuant to s. 1012.585(3)(g) s.
1477
1012.585(3)(f) must successfully complete all competencies for a
1478
reading endorsement, including completion of the endorsement
1479
practicum. Section 27. Paragraph (a) of subsection (2), subsection
1481
(3), and paragraph (b) of subsection (5) of section 1012.585,
1482
Florida Statutes, are amended to read:
1483
1012.585 Process for renewal of professional
1484
certificates.—
1485
(2)(a) All professional certificates, except a
1486
nonrenewable professional certificate, are shall be renewable
1487
for successive periods not to exceed 10 5 years after the date
1488
of submission of documentation of completion of the requirements
1489
for renewal provided in subsection (3). Only one renewal may be
1490
granted during each 5-year or 10-year validity period of a
1491
professional certificate.
1492
1. An applicant who is rated highly effective, pursuant to
1493
s. 1012.34, in the first 4 years of the 5-year validity period
1494
of his or her professional certificate is eligible for a
1495
professional certificate valid for 10 years. An applicant must
1496
be issued at least one 5-year professional certificate to be
1497
eligible for a 10-year professional certificate. An applicant
1498
who does not meet the requirement of this subparagraph is
1499
eligible only to renew his or her 5-year professional
1500
certificate.
1501
2. An applicant who is rated effective or highly
1502
effective, pursuant to s. 1012.34, for the first 9 years of the
1503
10-year validity period of his or her professional certificate
1504
is eligible to renew a professional certificate valid for 10
1505
years. An applicant issued a 10-year professional certificate
1506
who does not meet the requirement of this subparagraph is
1507
eligible only for renewal of a professional certificate valid
1508
for 5 years.
1509
(3) For the renewal of a professional certificate, the
1510
following requirements must be met:
1511
(a) The applicant must:
1512
1. Earn a minimum of 6 college credits or 120 inservice
1513
points or a combination thereof for a certificate valid for 5
1514
years.
1515
2. Earn a minimum of 12 college credits or 240 inservice
1516
points or a combination thereof for a professional certificate
1517
valid for 10 years. A minimum of 5 college credits or 100
1518
inservice points or a combination thereof must be earned within
1519
the first 5 years of a professional certificate valid for 10
1520
years.
1521
(b) For each area of specialization to be retained on a
1522
certificate, the applicant must earn at least 3 of the required
1523
credit hours or equivalent inservice points in the
1524
specialization area. Education in "clinical educator" training
1525
pursuant to s. 1004.04(5)(b); participation in mentorship and
1526
induction activities, including as a mentor, pursuant to s.
1527
1012.56(8)(a); credits or points that provide training in the
1528
knowledge and skills required to support students with autism;
1529
and credits or points that provide training in the area of
1530
scientifically researched, knowledge-based reading literacy
1531
grounded in the science of reading, including explicit,
1532
systematic, and sequential approaches to reading instruction,
1533
developing phonemic awareness, and implementing multisensory
1534
intervention strategies, and computational skills acquisition,
1535
exceptional student education, normal child development, and the
1536
disorders of development may be applied toward any
1537
specialization area. Credits or points that provide training in
1538
the areas of drug abuse, child abuse and neglect, strategies in
1539
teaching students having limited proficiency in English, or
1540
dropout prevention, or training in areas identified in the
1541
educational goals and performance standards adopted pursuant to
1542
ss. 1000.03(5) and 1008.345 may be applied toward any
1543
specialization area, except specialization areas identified by
1544
State Board of Education rule that include reading instruction
1545
or intervention for any students in kindergarten through grade
1546
6. Each district school board shall include in its inservice
1547
master plan the ability for teachers to receive inservice points
1548
for supporting students in extracurricular career and technical
1549
education activities, such as career and technical student
1550
organization activities outside of regular school hours and
1551
training related to supervising students participating in a
1552
career and technical student organization. Credits or points
1553
earned through approved summer institutes may be applied toward
1554
the fulfillment of these requirements. Inservice points may also
1555
be earned by participation in professional growth components
1556
approved by the State Board of Education and specified pursuant
1557
to s. 1012.98 in the district's approved master plan for
1558
inservice educational training; however, such points may not be
1559
used to satisfy the specialization requirements of this
1560
paragraph.
1561
(c)(b) In lieu of college course credit or inservice
1562
points, the applicant may renew a subject area specialization by
1563
passage of a state board approved Florida-developed subject area
1564
examination or, if a Florida subject area examination has not
1565
been developed, a standardized examination specified in state
1566
board rule.
1567
(d)(c) If an applicant wishes to retain more than two
1568
specialization areas on the certificate, the applicant must
1569
shall be permitted two successive validity periods for renewal
1570
of all specialization areas, but must earn no fewer than 6
1571
college course credit hours or the equivalent inservice points
1572
in any one validity period.
1573
(e)(d) The State Board of Education shall adopt rules for
1574
the expanded use of training for renewal of the professional
1575
certificate for educators who are required to complete training
1576
in teaching students of limited English proficiency or students
1577
with disabilities and training in the teaching of reading as
1578
follows:
1579
1. A teacher who holds a professional certificate may use
1580
college credits or inservice points earned through training in
1581
teaching students of limited English proficiency or students
1582
with disabilities and training in the teaching of reading in
1583
excess of 6 semester hours during one certificate-validity
1584
period toward renewal of the professional certificate during the
1585
subsequent validity periods.
1586
2. A teacher who holds a temporary certificate may use
1587
college credits or inservice points earned through training in
1588
teaching students of limited English proficiency or students
1589
with disabilities and training in the teaching of reading toward
1590
renewal of the teacher's first professional certificate. Such
1591
training must not have been included within the degree program,
1592
and the teacher's temporary and professional certificates must
1593
be issued for consecutive school years.
1594
(f)(e) Beginning July 1, 2014, an applicant for renewal of
1595
a professional certificate must earn a minimum of one college
1596
credit or the equivalent inservice points in the area of
1597
instruction for teaching students with disabilities. The
1598
requirement in this paragraph may not add to the total hours
1599
required by the department for continuing education or inservice
1600
training.
1601
(g)(f) An applicant for renewal of a professional
1602
certificate in any area of certification identified by State
1603
Board of Education rule that includes reading instruction or
1604
intervention for any students in kindergarten through grade 6,
1605
with a beginning validity date of July 1, 2020, or thereafter,
1606
must earn a minimum of 2 college credits or the equivalent
1607
inservice points in evidence-based instruction and interventions
1608
grounded in the science of reading specifically designed for
1609
students with characteristics of dyslexia, including the use of
1610
explicit, systematic, and sequential approaches to reading
1611
instruction, developing phonological and phonemic awareness,
1612
decoding, and implementing multisensory intervention strategies.
1613
Such training must be provided by teacher preparation programs
1614
under s. 1004.04 or s. 1004.85 or approved school district
1615
professional learning systems under s. 1012.98. The requirements
1616
in this paragraph may not add to the total hours required by the
1617
department for continuing education or inservice training.
1618
(h)(g) An applicant for renewal of a professional
1619
certificate in educational leadership from a Level I program
1620
under s. 1012.562(2) or Level II program under s. 1012.562(3),
1621
with a beginning validity date of July 1, 2025, or thereafter,
1622
must earn a minimum of 1 college credit or 20 inservice points
1623
in Florida's educational leadership standards, as established in
1624
rule by the State Board of Education. The requirement in this
1625
paragraph may not add to the total hours required by the
1626
department for continuing education or inservice training.
1627
(i)(h) A teacher may earn inservice points only once
1628
during each 5-year validity period for any mandatory training
1629
topic that is not linked to student learning or professional
1630
growth.
1631
(5) The State Board of Education shall adopt rules to
1632
allow the reinstatement of expired professional certificates.
1633
The department may reinstate an expired professional certificate
1634
if the certificateholder:
1635
(b) Documents completion of 6 college credits during the 5
1636
years immediately preceding reinstatement of the expired
1637
certificate, completion of 120 inservice points, or a
1638
combination thereof, in an area specified in paragraph (3)(b)
1639
(3)(a) to include the credit required under paragraph (3)(f)
1640
(3)(e).
1642
The requirements of this subsection may not be satisfied by
1643
subject area examinations or college credits completed for
1644
issuance of the certificate that has expired.
1645
Section 28. Section 1013.19, Florida Statutes, is amended
1646
to read:
1647
1013.19 Purchase, conveyance, or encumbrance of property
1648
interests above surface of land; joint-occupancy structures.—For
1649
the purpose of implementing jointly financed construction
1650
project agreements, or for the construction of combined
1651
occupancy structures, any board may purchase, own, convey, sell,
1652
lease, or encumber airspace or any other interests in property
1653
above the surface of the land, provided the lease of airspace
1654
for nonpublic use is for such reasonable rent, length of term,
1655
and conditions as the board in its discretion may determine. All
1656
proceeds from such sale or lease shall be used by a the board of
1657
trustees for a Florida College System institution or state
1658
university or boards receiving the proceeds solely for fixed
1659
capital outlay purposes. These purposes may include the
1660
renovation or remodeling of existing facilities owned by the
1661
board or the construction of new facilities; however, for a
1662
Florida College System institution board or university board,
1663
such new facility must be authorized by the Legislature. It is
1664
declared that the use of such rental by the board for public
1665
purposes in accordance with its statutory authority is a public
1666
use. Airspace or any other interest in property held by the
1667
Board of Trustees of the Internal Improvement Trust Fund or the
1668
State Board of Education may not be divested or conveyed without
1669
approval of the respective board. Any building, including any
1670
building or facility component that is common to both nonpublic
1671
and educational portions thereof, constructed in airspace that
1672
is sold or leased for nonpublic use pursuant to this section is
1673
subject to all applicable state, county, and municipal
1674
regulations pertaining to land use, zoning, construction of
1675
buildings, fire protection, health, and safety to the same
1676
extent and in the same manner as such regulations would be
1677
applicable to the construction of a building for nonpublic use
1678
on the appurtenant land beneath the subject airspace. Any
1679
educational facility constructed or leased as a part of a joint-
1680
occupancy facility is subject to all rules and requirements of
1681
the respective boards or departments having jurisdiction over
1682
educational facilities. Any contract executed by a university
1683
board of trustees pursuant to this section is subject to the
1684
provisions of s. 1010.62.
1685
Section 29. Section 1013.35, Florida Statutes, is amended
1686
to read:
1687
1013.35 School district educational facilities plan;
1688
definitions; preparation, adoption, and amendment; long-term
1689
work programs.—
1690
(1) DEFINITIONS.—As used in this section, the term:
1691
(a) "Adopted educational facilities plan" means the
1692
comprehensive planning document that is adopted annually by the
1693
district school board as provided in subsection (2) and that
1694
contains the educational plant survey.
1695
(b) "District facilities work program" means the 5-year
1696
listing of capital outlay projects adopted by the district
1697
school board as provided in subparagraph (2)(a)2. and paragraph
1698
(2)(b) as part of the district educational facilities plan,
1699
which is required in order to:
1700
1. Properly maintain the educational plant and ancillary
1701
facilities of the district.
1702
2. Provide an adequate number of satisfactory student
1703
stations for the projected student enrollment of the district in
1704
K-12 programs.
1705
(c) "Tentative educational facilities plan" means the
1706
comprehensive planning document prepared annually by the
1707
district school board and submitted to the Office of Educational
1708
Facilities and the affected general-purpose local governments.
1709
(2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
1710
FACILITIES PLAN.—
1711
(a) Annually, before prior to the adoption of the district
1712
school budget, each district school board shall prepare a
1713
tentative district educational facilities plan that includes
1714
long-range planning for facilities needs. The district school
1715
board shall submit the tentative facilities plan to the
1716
department over 5-year, 10-year, and 20-year periods. The plan
1717
must be developed in coordination with the general-purpose local
1718
governments and be consistent with the local government
1719
comprehensive plans. The school board's plan for provision of
1720
new schools must meet the needs of all growing communities in
1721
the district, ranging from small rural communities to large
1722
urban cities. The plan must include:
1723
1. Projected student populations apportioned
1724
geographically at the local level. The projections must be based
1725
on information produced by the demographic, revenue, and
1726
education estimating conferences pursuant to s. 216.136, where
1727
available, as modified by the district based on development data
1728
and agreement with the local governments and the Office of
1729
Educational Facilities. The projections must be apportioned
1730
geographically with assistance from the local governments using
1731
local development trend data and the school district student
1732
enrollment data.
1733
2. An inventory of existing school facilities. Any
1734
anticipated expansions or closures of existing school sites over
1735
the 5-year, 10-year, and 20-year periods must be identified. The
1736
inventory must include an assessment of areas proximate to
1737
existing schools and identification of the need for improvements
1738
to infrastructure, safety, including safe access routes, and
1739
conditions in the community. The plan must also provide a
1740
listing of major repairs and renovation projects anticipated
1741
over the period of the plan.
1742
3. Projections of facilities space needs, which may not
1743
exceed the norm space and occupant design criteria established
1744
in the State Requirements for Educational Facilities.
1745
4. Information on leased, loaned, and donated space and
1746
relocatables used for conducting the district's instructional
1747
programs.
1748
5. The general location of public schools proposed to be
1749
constructed over the 5-year, 10-year, and 20-year time periods,
1750
including a listing of the proposed schools' site acreage needs
1751
and anticipated capacity and maps showing the general locations.
1752
The school board's identification of general locations of future
1753
school sites must be based on the school siting requirements of
1754
s. 163.3177(6)(a) and policies in the comprehensive plan which
1755
provide guidance for appropriate locations for school sites.
1756
6. The identification of options deemed reasonable and
1757
approved by the school board which reduce the need for
1758
additional permanent student stations. Such options may include,
1759
but need not be limited to:
1760
a. Acceptable capacity;
1761
b. Redistricting;
1762
c. Busing;
1763
d. Year-round schools;
1764
e. Charter schools;
1765
f. Magnet schools; and
1766
g. Public-private partnerships.
1767
7. The criteria and method, jointly determined by the
1768
local government and the school board, for determining the
1769
impact of proposed development to public school capacity.
1770
(b) The plan must also include a financially feasible
1771
district facilities work program for a 5-year period. The work
1772
program must include:
1773
1. A schedule of major repair and renovation projects
1774
necessary to maintain the educational facilities and ancillary
1775
facilities of the district.
1776
2. A schedule of capital outlay projects necessary to
1777
ensure the availability of satisfactory student stations for the
1778
projected student enrollment in K-12 programs. This schedule
1779
shall consider:
1780
a. The locations, capacities, and planned utilization
1781
rates of current educational facilities of the district. The
1782
capacity of existing satisfactory facilities, as reported in the
1783
Florida Inventory of School Houses must be compared to the
1784
capital outlay full-time-equivalent student enrollment as
1785
determined by the department, including all enrollment used in
1786
the calculation of the distribution formula in s. 1013.64.
1787
b. The proposed locations of planned facilities, whether
1788
those locations are consistent with the comprehensive plans of
1789
all affected local governments, and recommendations for
1790
infrastructure and other improvements to land adjacent to
1791
existing facilities. The provisions of ss. 1013.33(6), (7), and
1792
(8) and 1013.36 must be addressed for new facilities planned
1793
within the first 3 years of the work plan, as appropriate.
1794
c. Plans for the use and location of relocatable
1795
facilities, leased facilities, and charter school facilities.
1796
d. Plans for multitrack scheduling, grade level
1797
organization, block scheduling, or other alternatives that
1798
reduce the need for additional permanent student stations.
1799
e. Information concerning average class size and
1800
utilization rate by grade level within the district which will
1801
result if the tentative district facilities work program is
1802
fully implemented.
1803
f. The number and percentage of district students planned
1804
to be educated in relocatable facilities during each year of the
1805
tentative district facilities work program. For determining
1806
future needs, student capacity may not be assigned to any
1807
relocatable classroom that is scheduled for elimination or
1808
replacement with a permanent educational facility in the current
1809
year of the adopted district educational facilities plan and in
1810
the district facilities work program adopted under this section.
1811
Those relocatable classrooms clearly identified and scheduled
1812
for replacement in a school-board-adopted, financially feasible,
1813
5-year district facilities work program shall be counted at zero
1814
capacity at the time the work program is adopted and approved by
1815
the school board. However, if the district facilities work
1816
program is changed and the relocatable classrooms are not
1817
replaced as scheduled in the work program, the classrooms must
1818
be reentered into the system and be counted at actual capacity.
1819
Relocatable classrooms may not be perpetually added to the work
1820
program or continually extended for purposes of circumventing
1821
this section. All relocatable classrooms not identified and
1822
scheduled for replacement, including those owned, lease-
1823
purchased, or leased by the school district, must be counted at
1824
actual student capacity. The district educational facilities
1825
plan must identify the number of relocatable student stations
1826
scheduled for replacement during the 5-year survey period and
1827
the total dollar amount needed for that replacement.
1828
g. Plans for the closure of any school, including plans
1829
for disposition of the facility or usage of facility space, and
1830
anticipated revenues.
1831
h. Projects for which capital outlay and debt service
1832
funds accruing under s. 9(d), Art. XII of the State Constitution
1833
are to be used shall be identified separately in priority order
1834
on a project priority list within the district facilities work
1835
program.
1836
3. The projected cost for each project identified in the
1837
district facilities work program. For proposed projects for new
1838
student stations, a schedule shall be prepared comparing the
1839
planned cost and square footage for each new student station, by
1840
elementary, middle, and high school levels, to the low, average,
1841
and high cost of facilities constructed throughout the state
1842
during the most recent fiscal year for which data is available
1843
from the Department of Education.
1844
4. A schedule of estimated capital outlay revenues from
1845
each currently approved source which is estimated to be
1846
available for expenditure on the projects included in the
1847
district facilities work program.
1848
5. A schedule indicating which projects included in the
1849
district facilities work program will be funded from current
1850
revenues projected in subparagraph 4.
1851
6. A schedule of options for the generation of additional
1852
revenues by the district for expenditure on projects identified
1853
in the district facilities work program which are not funded
1854
under subparagraph 5. Additional anticipated revenues may
1855
include Classrooms First funds.
1856
(c) To the extent available, the tentative district
1857
educational facilities plan shall be based on information
1858
produced by the demographic, revenue, and education estimating
1859
conferences pursuant to s. 216.136.
1860
(2)(d) Provision must shall be made for public comment
1861
concerning the tentative district educational facilities plan.
1862
(e) The district school board shall coordinate with each
1863
affected local government to ensure consistency between the
1864
tentative district educational facilities plan and the local
1865
government comprehensive plans of the affected local governments
1866
during the development of the tentative district educational
1867
facilities plan.
1868
(3)(f) Not less than once every 5 years, the district
1869
school board shall have an audit conducted of the district's
1870
educational planning and construction activities. An operational
1871
audit conducted by the Auditor General pursuant to s. 11.45
1872
satisfies this requirement.
1873
(4)(3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL
1874
FACILITIES PLAN TO LOCAL GOVERNMENT.—The district school board
1875
shall submit a copy of its tentative district educational
1876
facilities plan to all affected local governments before prior
1877
to adoption by the board. The affected local governments may
1878
shall review the tentative district educational facilities plan
1879
and comment to the district school board on the consistency of
1880
the plan with the local comprehensive plan, whether a
1881
comprehensive plan amendment will be necessary for any proposed
1882
educational facility, and whether the local government supports
1883
a necessary comprehensive plan amendment. If the local
1884
government does not support a comprehensive plan amendment for a
1885
proposed educational facility, the matter must shall be resolved
1886
pursuant to the interlocal agreement when required by ss.
1887
163.3177(6)(h), 163.31777, and 1013.33(2). The process for the
1888
submittal and review must shall be detailed in the interlocal
1889
agreement when required pursuant to ss. 163.3177(6)(h),
1890
163.31777, and 1013.33(2).
1891
(5)(4) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN.—
1892
Annually, the district school board shall consider and adopt the
1893
tentative district educational facilities plan completed
1894
pursuant to subsection (2). Upon giving proper notice to the
1895
public and local governments and opportunity for public comment,
1896
the district school board may amend the plan to revise the
1897
priority of projects, to add or delete projects, to reflect the
1898
impact of change orders, or to reflect the approval of new
1899
revenue sources which may become available. The district school
1900
board shall submit the revised plan to the department. The
1901
adopted district educational facilities plan must shall:
1902
(a) Be a complete, balanced, and financially feasible
1903
capital outlay financial plan for the district.
1904
(b) Set forth the proposed commitments and planned
1905
expenditures of the district to address the educational
1906
facilities needs of its students and to adequately provide for
1907
the maintenance of the educational plant and ancillary
1908
facilities, including safe access ways from neighborhoods to
1909
schools.
1910
(6)(5) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL
1911
FACILITIES PLAN.—The first year of the adopted district
1912
educational facilities plan constitutes shall constitute the
1913
capital outlay budget required in s. 1013.61. The adopted
1914
district educational facilities plan shall include the
1915
information required in subparagraphs (2)(b)1., 2., and 3.,
1916
based upon projects actually funded in the plan.
1917
Section 30. Subsections (3) and (4) of section 1013.41,
1918
Florida Statutes, are amended to read:
1919
1013.41 SMART schools; Classrooms First; legislative
1920
purpose.—
1921
(3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.—It is the
1922
purpose of the Legislature to create s. 1013.35, requiring each
1923
school district annually to adopt an educational facilities plan
1924
that provides an integrated long-range facilities plan,
1925
including the survey of projected needs and the 5-year work
1926
program. The purpose of the educational facilities plan is to
1927
keep the district school board, local governments, and the
1928
public fully informed as to whether the district is using sound
1929
policies and practices that meet the essential needs of students
1930
and that warrant public confidence in district operations. The
1931
educational facilities plan will be monitored by the Office of
1932
Educational Facilities, which will also apply performance
1933
standards pursuant to s. 1013.04.
1934
(4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of
1935
the Legislature to require the Office of Educational Facilities
1936
to assist school districts in building SMART schools utilizing
1937
functional and frugal practices. The Office of Educational
1938
Facilities shall must review district facilities work programs
1939
and projects and identify opportunities to maximize design and
1940
construction savings; develop school district facilities work
1941
program performance standards; and provide for review and
1942
recommendations to the Governor, the Legislature, and the State
1943
Board of Education.
1944
Section 31. Subsection (4) of section 1013.45, Florida
1945
Statutes, is amended to read:
1946
1013.45 Educational facilities contracting and
1947
construction techniques for school districts and Florida College
1948
System institutions.—
1949
(4) Except as otherwise provided in this section and s.
1950
481.229, the services of a registered architect must be used by
1951
Florida College System institution and state university boards
1952
of trustees for the development of plans for the erection,
1953
enlargement, or alteration of any educational facility. The
1954
services of a registered architect are not required for a minor
1955
renovation project for which the construction cost is less than
1956
$50,000 or for the placement or hookup of relocatable
1957
educational facilities that conform to standards adopted under
1958
s. 1013.37. However, boards must provide compliance with
1959
building code requirements and ensure that these structures are
1960
adequately anchored for wind resistance as required by law. A
1961
district school board shall reuse existing construction
1962
documents or design criteria packages if such reuse is feasible
1963
and practical. If a school district's 5-year educational
1964
facilities work plan includes the construction of two or more
1965
new schools for students in the same grade group and program,
1966
such as elementary, middle, or high school, the district school
1967
board must require that prototype design and construction be
1968
used for the construction of these schools. Notwithstanding s.
1969
287.055, a board may purchase the architectural services for the
1970
design of educational or ancillary facilities under an existing
1971
contract agreement for professional services held by a district
1972
school board in the State of Florida, provided that the purchase
1973
is to the economic advantage of the purchasing board, the
1974
services conform to the standards prescribed by rules of the
1975
State Board of Education, and such reuse is not without notice
1976
to, and permission from, the architect of record whose plans or
1977
design criteria are being reused. Plans must be reviewed for
1978
compliance with the State Requirements for Educational
1979
Facilities. Rules adopted under this section must establish
1980
uniform prequalification, selection, bidding, and negotiation
1981
procedures applicable to construction management contracts and
1982
the design-build process. This section does not supersede any
1983
small, woman-owned, or minority-owned business enterprise
1984
preference program adopted by a board. Except as otherwise
1985
provided in this section, the negotiation procedures applicable
1986
to construction management contracts and the design-build
1987
process must conform to the requirements of s. 287.055. A board
1988
may not modify any rules regarding construction management
1989
contracts or the design-build process.
1990
Section 1013.451, Florida Statutes, is Section 32.
1991
repealed.
1992
Section 33. Paragraph (e) of subsection (1) and paragraph
1993
(b) of subsection (6) of section 1013.64, Florida Statutes, are
1994
amended to read:
1995
1013.64 Funds for comprehensive educational plant needs;
1996
construction cost maximums for school district capital
1997
projects.—Allocations from the Public Education Capital Outlay
1998
and Debt Service Trust Fund to the various boards for capital
1999
outlay projects shall be determined as follows:
2000
(1)
2001
(e) Remodeling projects must shall be based on the
2002
recommendations of a survey pursuant to s. 1013.31, or, for
2003
district school boards, as indicated by the relative need as
2004
determined by the Florida Inventory of School Houses and the
2005
capital outlay full-time equivalent enrollment in the district.
2006
(6)
2007
(b)1. A district school board may not use funds from the
2008
following sources: Public Education Capital Outlay and Debt
2009
Service Trust Fund; School District and Community College
2010
District Capital Outlay and Debt Service Trust Fund; Classrooms
2011
First Program funds provided in s. 1013.68; nonvoted 1.5-mill
2012
levy of ad valorem property taxes provided in s. 1011.71(2);
2013
Classrooms for Kids Program funds provided in s. 1013.735;
2014
District Effort Recognition Program funds provided in s.
2015
1013.736; or High Growth District Capital Outlay Assistance
2016
Grant Program funds provided in s. 1013.738 to pay for any
2017
portion of the cost of any new construction of educational plant
2018
space with a total cost per student station, including change
2019
orders, which exceeds:
2020
a. $17,952 for an elementary school;
2021
b. $19,386 for a middle school; or
2022
c. $25,181 for a high school,
2024
(January 2006) as adjusted annually to reflect increases or
2025
decreases in the Consumer Price Index. The department, in
2026
conjunction with the Office of Economic and Demographic
2027
Research, shall review and adjust the cost per student station
2028
limits to reflect actual construction costs by January 1, 2020,
2029
and annually thereafter. The adjusted cost per student station
2030
shall be used by the department for computation of the statewide
2031
average costs per student station for each instructional level
2032
pursuant to paragraph (d). The department shall also collaborate
2033
with the Office of Economic and Demographic Research to select
2034
an industry-recognized construction index to replace the
2035
Consumer Price Index by January 1, 2020, adjusted annually to
2036
reflect changes in the construction index.
2037
2. School districts shall maintain accurate documentation
2038
related to the costs of all new construction of educational
2039
plant space reported to the Department of Education pursuant to
2040
paragraph (d). The Auditor General shall review the
2041
documentation maintained by the school districts and verify
2042
compliance with the limits under this paragraph during its
2043
scheduled operational audits of the school district.
2044
3. Except for educational facilities and sites subject to
2045
a lease-purchase agreement entered pursuant to s. 1011.71(2)(e)
2046
or funded solely through local impact fees, in addition to the
2047
funding sources listed in subparagraph 1., a district school
2048
board may not use funds from any sources for new construction of
2049
educational plant space with a total cost per student station,
2050
including change orders, which equals more than the current
2051
adjusted amounts provided in sub-subparagraphs 1.a.-c. However,
2052
if a contract has been executed for architectural and design
2053
services or for construction management services before July 1,
2054
2017, a district school board may use funds from any source for
2055
the new construction of educational plant space and such funds
2056
are exempt from the total cost per student station requirements.
2057
4. A district school board must not use funds from the
2058
Public Education Capital Outlay and Debt Service Trust Fund or
2059
the School District and Community College District Capital
2060
Outlay and Debt Service Trust Fund for any new construction of
2061
an ancillary plant that exceeds 70 percent of the average cost
2062
per square foot of new construction for all schools.
2063
Section 34. Paragraph (e) of subsection (6) of section
2064
163.3180, Florida Statutes, is amended to read:
2065
163.3180 Concurrency.—
2066
(6)
2067
(e) A school district that includes relocatable facilities
2068
in its inventory of student stations shall include the capacity
2069
of such relocatable facilities as provided in s.
2070
1013.35(2)(b)2.f., provided the relocatable facilities were
2071
purchased after 1998 and the relocatable facilities meet the
2072
standards for long-term use pursuant to s. 1013.20.
2073
Section 35. Paragraph (a) of subsection (10) of section
2074
200.065, Florida Statutes, is amended to read:
2075
200.065 Method of fixing millage.—
2076
(10)(a) In addition to the notice required in subsection
2077
(3), a district school board shall publish a second notice of
2078
intent to levy additional taxes under s. 1011.71(2) or (3). The
2079
notice shall specify the projects or number of school buses
2080
anticipated to be funded by the additional taxes and shall be
2081
published in the size, within the time periods, adjacent to, and
2082
in substantial conformity with the advertisement required under
2083
subsection (3). The projects shall be listed in priority within
2084
each category as follows: construction and remodeling;
2085
maintenance, renovation, and repair; motor vehicle purchases;
2086
new and replacement equipment; payments for educational
2087
facilities and sites due under a lease-purchase agreement;
2088
payments for renting and leasing educational facilities and
2089
sites; payments of loans approved pursuant to ss. 1011.14 and
2090
1011.15; payment of costs of compliance with environmental
2091
statutes and regulations; payment of premiums for property and
2092
casualty insurance necessary to insure the educational and
2093
ancillary plants of the school district; payment of costs of
2094
leasing relocatable educational facilities; and payments to
2095
private entities to offset the cost of school buses pursuant to
2096
s. 1011.71(2)(i). The additional notice shall be in the
2097
following form, except that if the district school board is
2098
proposing to levy the same millage under s. 1011.71(2) or (3)
2099
which it levied in the prior year, the words "continue to" shall
2100
be inserted before the word "impose" in the first sentence, and
2101
except that the second sentence of the second paragraph shall be
2102
deleted if the district is advertising pursuant to paragraph
2103
(3)(e):
2105
NOTICE OF TAX FOR SCHOOL
2106
CAPITAL OUTLAY
2108
The ...(name of school district)... will soon consider a
2109
measure to impose a ...(number)... mill property tax for the
2110
capital outlay projects listed herein.
2111
This tax is in addition to the school board's proposed tax
2112
of ...(number)... mills for operating expenses and is proposed
2113
solely at the discretion of the school board. THE PROPOSED
2114
COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING EXPENSES
2115
AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.
2116
The capital outlay tax will generate approximately
2117
$...(amount)..., to be used for the following projects:
2119
...(list of capital outlay projects)...
2121
All concerned citizens are invited to a public hearing to
2122
be held on ...(date and time)... at ...(meeting place)....
2123
A DECISION on the proposed CAPITAL OUTLAY TAXES will be
2124
made at this hearing.
2126
Section 36. Paragraph (a) of subsection (5) of section
2127
1002.68, Florida Statutes, is amended to read:
2128
1002.68 Voluntary Prekindergarten Education Program
2129
accountability.—
2130
(5)(a) If a public school's or private prekindergarten
2131
provider's program assessment composite score for its
2132
prekindergarten classrooms fails to meet the minimum program
2133
assessment composite score for contracting adopted in rule by
2134
the department, the private prekindergarten provider or public
2135
school may not participate in the Voluntary Prekindergarten
2136
Education Program beginning in the consecutive program year and
2137
thereafter until the public school or private prekindergarten
2138
provider meets the minimum composite score for contracting. A
2139
public school or private prekindergarten provider may request
2140
one program assessment per program year in order to requalify
2141
for participation in the Voluntary Prekindergarten Education
2142
Program, provided that the public school or private
2143
prekindergarten provider is not excluded from participation
2144
under s. 1002.55(6), s. 1002.61(10)(b), s. 1002.63(9) ss.
2145
1002.55(6), 1002.61(10)(b), 1002.63(9)(b), or paragraph (5)(b)
2146
of this section. If a public school or private prekindergarten
2147
provider would like an additional program assessment completed
2148
within the same program year, the public school or private
2149
prekindergarten provider is shall be responsible for the cost of
2150
the program assessment.
2151
Section 37. Paragraph (c) of subsection (2) of section
2152
1003.631, Florida Statutes, is amended to read:
2153
1003.631 Schools of Excellence.—The Schools of Excellence
2154
Program is established to provide administrative flexibility to
2155
the state's top schools so that the instructional personnel and
2156
administrative staff at such schools can continue to serve their
2157
communities and increase student learning to the best of their
2158
professional ability.
2159
(2) ADMINISTRATIVE FLEXIBILITIES.—A School of Excellence
2160
must be provided the following administrative flexibilities:
2161
(c) For instructional personnel, the substitution of 1
2162
school year of employment at a School of Excellence for 20
2163
inservice points toward the renewal of a professional
2164
certificate, up to 60 inservice points in a 5-year cycle,
2165
pursuant to s. 1012.585(3).
2166
Section 38. Paragraph (c) of subsection (2) and paragraph
2167
(b) of subsection (5) of section 1004.04, Florida Statutes, are
2168
amended to read:
2169
1004.04 Public accountability and state approval for
2170
teacher preparation programs.—
2171
(2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
2172
(c) Each candidate must receive instruction and be
2173
assessed on the uniform core curricula in the candidate's area
2174
or areas of program concentration during course work and field
2175
experiences. Beginning with candidates entering a teacher
2176
preparation program in the 2022-2023 school year, a candidate
2177
for certification in a coverage area identified pursuant to s.
2178
1012.585(3)(g) s. 1012.585(3)(f) must successfully complete all
2179
competencies for a reading endorsement, including completion of
2180
the endorsement practicum through the candidate's field
2181
experience under subsection (5), in order to graduate from the
2182
program.
2183
(5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
2184
instructors, school district personnel and instructional
2185
personnel, and school sites preparing instructional personnel
2186
through preservice field experience courses and internships
2187
shall meet special requirements. District school boards may pay
2188
student teachers during their internships.
2189
(b)1. All school district personnel and instructional
2190
personnel who supervise or direct teacher preparation students
2191
during field experience courses or internships taking place in
2192
this state in which candidates demonstrate an impact on student
2193
learning growth must have:
2194
a. Evidence of "clinical educator" training;
2195
b. A valid professional certificate issued pursuant to s.
2196
1012.56;
2197
c. At least 3 years of teaching experience in
2198
prekindergarten through grade 12;
2199
d. Earned an effective or highly effective rating on the
2200
prior year's performance evaluation under s. 1012.34 or be a
2201
peer evaluator under the district's evaluation system approved
2202
under s. 1012.34; and
2203
e. Beginning with the 2022-2023 school year, for all such
2204
personnel who supervise or direct teacher preparation students
2205
during internships in kindergarten through grade 3 or who are
2206
enrolled in a teacher preparation program for a certificate area
2207
identified pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f), a
2208
certificate or endorsement in reading.
2210
The State Board of Education shall approve the training
2211
requirements.
2212
2. All instructional personnel who supervise or direct
2213
teacher preparation students during field experience courses or
2214
internships in another state, in which a candidate demonstrates
2215
his or her impact on student learning growth, through a Florida
2216
online or distance program must have received "clinical
2217
educator" training or its equivalent in that state, hold a valid
2218
professional certificate issued by the state in which the field
2219
experience takes place, and have at least 3 years of teaching
2220
experience in prekindergarten through grade 12.
2221
3. All instructional personnel who supervise or direct
2222
teacher preparation students during field experience courses or
2223
internships, in which a candidate demonstrates his or her impact
2224
on student learning growth, on a United States military base in
2225
another country through a Florida online or distance program
2226
must have received "clinical educator" training or its
2227
equivalent, hold a valid professional certificate issued by the
2228
United States Department of Defense or a state or territory of
2229
the United States, and have at least 3 years teaching experience
2230
in prekindergarten through grade 12.
2231
Section 39. Paragraph (b) of subsection (3) of section
2232
1004.85, Florida Statutes, is amended to read:
2233
1004.85 Postsecondary educator preparation institutes.—
2234
(3) Educator preparation institutes approved pursuant to
2235
this section may offer competency-based certification programs
2236
specifically designed for noneducation major baccalaureate
2237
degree holders to enable program participants to meet the
2238
educator certification requirements of s. 1012.56. An educator
2239
preparation institute choosing to offer a competency-based
2240
certification program pursuant to the provisions of this section
2241
must implement a program developed by the institute and approved
2242
by the department for this purpose. Approved programs shall be
2243
available for use by other approved educator preparation
2244
institutes.
2245
(b) Each program participant must:
2246
1. Meet certification requirements pursuant to s.
2247
1012.56(1) by obtaining a statement of status of eligibility in
2248
the certification subject area of the educational plan and meet
2249
the requirements of s. 1012.56(2)(a)-(f) before participating in
2250
field experiences.
2251
2. Demonstrate competency and participate in field
2252
experiences that are appropriate to his or her educational plan
2253
prepared under paragraph (a). Beginning with candidates entering
2254
an educator preparation institute in the 2022-2023 school year,
2255
a candidate for certification in a coverage area identified
2256
pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f) must
2257
successfully complete all competencies for a reading
2258
endorsement, including completion of the endorsement practicum
2259
through the candidate's field experience, in order to graduate
2260
from the program.
2261
3. Before completion of the program, fully demonstrate his
2262
or her ability to teach the subject area for which he or she is
2263
seeking certification by documenting a positive impact on
2264
student learning growth in a prekindergarten through grade 12
2265
setting and, except as provided in s. 1012.56(7)(a)3., achieving
2266
a passing score on the professional education competency
2267
examination, the basic skills examination, and the subject area
2268
examination for the subject area certification which is required
2269
by state board rule.
2270
Section 40. Paragraph (e) of subsection (2) of section
2271
1012.552, Florida Statutes, is amended to read:
2272
1012.552 The Coaching for Educator Readiness and Teaching
2273
(CERT) Certification Program.—
2274
(2) PROGRAM REQUIREMENTS.—A CERT program must include all
2275
of the following:
2276
(e) Required successful completion of all competencies for
2277
a reading endorsement, including completion of the endorsement
2278
practicum, for a candidate certification in a coverage area
2279
identified pursuant to s. 1012.585(3)(g) s. 1012.585(3)(f). Section 41. Paragraph (b) of subsection (2) of section
2281
1012.586, Florida Statutes, is amended to read:
2282
1012.586 Additions or changes to certificates; duplicate
2283
certificates; reading endorsement pathways.—
2284
(2)
2285
(b) As part of adopting a pathway pursuant to paragraph
2286
(a), the department shall review the competencies for the
2287
reading endorsement and subject area examinations for educator
2288
certificates identified pursuant to s. 1012.585(3)(g) s.
2289
1012.585(3)(f) for alignment with evidence-based instructional
2290
and intervention strategies rooted in the science of reading and
2291
identified pursuant to s. 1001.215(7) and recommend changes to
2292
the State Board of Education. Recommended changes must address
2293
identification of the characteristics of conditions such as
2294
dyslexia, implementation of evidence-based classroom instruction
2295
and interventions, including evidence-based reading instruction
2296
and interventions specifically for students with characteristics
2297
of dyslexia, and effective progress monitoring. By July 1, 2023,
2298
each school district reading endorsement add-on program must be
2299
resubmitted for approval by the department consistent with this
2300
paragraph.
2301
Section 42. Paragraph (b) of subsection (5) of section
2302
1012.98, Florida Statutes, is amended to read:
2303
1012.98 School Community Professional Learning Act.—
2304
(5) The Department of Education, school districts,
2305
schools, Florida College System institutions, and state
2306
universities share the responsibilities described in this
2307
section. These responsibilities include the following:
2308
(b) Each school district shall develop a professional
2309
learning system as specified in subsection (4). The system shall
2310
be developed in consultation with teachers, teacher-educators of
2311
Florida College System institutions and state universities,
2312
business and community representatives, and local education
2313
foundations, consortia, and professional organizations. The
2314
professional learning system must:
2315
1. Be reviewed and approved by the department for
2316
compliance with s. 1003.42(3) and this section. Effective March
2317
1, 2024, the department shall establish a calendar for the
2318
review and approval of all professional learning systems. A
2319
professional learning system must be reviewed and approved every
2320
5 years. Any substantial revisions to the system must be
2321
submitted to the department for review and approval. The
2322
department shall establish a format for the review and approval
2323
of a professional learning system.
2324
2. Be based on analyses of student achievement data and
2325
instructional strategies and methods that support rigorous,
2326
relevant, and challenging curricula for all students. Schools
2327
and districts, in developing and refining the professional
2328
learning system, shall also review and monitor school discipline
2329
data; school environment surveys; assessments of parental
2330
satisfaction; performance appraisal data of teachers, managers,
2331
and administrative personnel; and other performance indicators
2332
to identify school and student needs that can be met by improved
2333
professional performance.
2334
3. Provide inservice activities coupled with follow-up
2335
followup support appropriate to accomplish district-level and
2336
school-level improvement goals and standards. The inservice
2337
activities for instructional and school administrative personnel
2338
shall focus on analysis of student achievement data; ongoing
2339
formal and informal assessments of student achievement;
2340
identification and use of enhanced and differentiated
2341
instructional strategies that emphasize rigor, relevance, and
2342
reading in the content areas; enhancement of subject content
2343
expertise; integrated use of classroom technology that enhances
2344
teaching and learning; classroom management; parent involvement;
2345
and school safety.
2346
4. Provide inservice activities and support targeted to
2347
the individual needs of new teachers participating in the
2348
professional learning certification and education competency
2349
program under s. 1012.56(8)(a).
2350
5. Include a professional learning catalog for inservice
2351
activities, pursuant to rules of the State Board of Education,
2352
for all district employees from all fund sources. The catalog
2353
must be updated annually by September 1, must be based on input
2354
from teachers and district and school instructional leaders, and
2355
must use the latest available student achievement data and
2356
research to enhance rigor and relevance in the classroom. Each
2357
district inservice catalog must be aligned to and support the
2358
school-based inservice catalog and school improvement plans
2359
pursuant to s. 1001.42(18). Each district inservice catalog must
2360
provide a description of the training that middle grades
2361
instructional personnel and school administrators receive on the
2362
district's code of student conduct adopted pursuant to s.
2363
1006.07; integrated digital instruction and competency-based
2364
instruction and CAPE Digital Tool certificates and CAPE industry
2365
certifications; classroom management; student behavior and
2366
interaction; extended learning opportunities for students; and
2367
instructional leadership. District plans must be approved by the
2368
district school board annually in order to ensure compliance
2369
with subsection (1) and to allow for dissemination of research-
2370
based best practices to other districts. District school boards
2371
shall submit verification of their approval to the Commissioner
2372
of Education no later than October 1, annually. Each school
2373
principal may establish and maintain an individual professional
2374
learning plan for each instructional employee assigned to the
2375
school as a seamless component to the school improvement plans
2376
developed pursuant to s. 1001.42(18). An individual professional
2377
learning plan must be related to specific performance data for
2378
the students to whom the teacher is assigned, define the
2379
inservice objectives and specific measurable improvements
2380
expected in student performance as a result of the inservice
2381
activity, and include an evaluation component that determines
2382
the effectiveness of the professional learning plan.
2383
6. Include inservice activities for school administrative
2384
personnel, aligned to the state's educational leadership
2385
standards, which address updated skills necessary for
2386
instructional leadership and effective school management
2387
pursuant to s. 1012.986.
2388
7. Provide for systematic consultation with regional and
2389
state personnel designated to provide technical assistance and
2390
evaluation of local professional learning programs.
2391
8. Provide for delivery of professional learning by
2392
distance learning and other technology-based delivery systems to
2393
reach more educators at lower costs.
2394
9. Provide for the continuous evaluation of the quality
2395
and effectiveness of professional learning programs in order to
2396
eliminate ineffective programs and strategies and to expand
2397
effective ones. Evaluations must consider the impact of such
2398
activities on the performance of participating educators and
2399
their students' achievement and behavior.
2400
10. For all grades, emphasize:
2401
a. Interdisciplinary planning, collaboration, and
2402
instruction.
2403
b. Alignment of curriculum and instructional materials to
2404
the state academic standards adopted pursuant to s. 1003.41.
2405
c. Use of small learning communities; problem-solving,
2406
inquiry-driven research and analytical approaches for students;
2407
strategies and tools based on student needs; competency-based
2408
instruction; integrated digital instruction; and project-based
2409
instruction.
2411
Each school that includes any of grades 6, 7, or 8 shall include
2412
in its school improvement plan, required under s. 1001.42(18), a
2413
description of the specific strategies used by the school to
2414
implement each item listed in this subparagraph.
2415
11. Provide training to reading coaches, classroom
2416
teachers, and school administrators in effective methods of
2417
identifying characteristics of conditions such as dyslexia and
2418
other causes of diminished phonological processing skills;
2419
incorporating instructional techniques into the general
2420
education setting which are proven to improve reading
2421
performance for all students; and using predictive and other
2422
data to make instructional decisions based on individual student
2423
needs. The training must help teachers integrate phonemic
2424
awareness; phonics, word study, and spelling; reading fluency;
2425
vocabulary, including academic vocabulary; and text
2426
comprehension strategies into an explicit, systematic, and
2427
sequential approach to reading instruction, including
2428
multisensory intervention strategies. Such training for teaching
2429
foundational skills must be based on the science of reading and
2430
include phonics instruction for decoding and encoding as the
2431
primary instructional strategy for word reading. Instructional
2432
strategies included in the training may not employ the three-
2433
cueing system model of reading or visual memory as a basis for
2434
teaching word reading. Such instructional strategies may include
2435
visual information and strategies which improve background and
2436
experiential knowledge, add context, and increase oral language
2437
and vocabulary to support comprehension, but may not be used to
2438
teach word reading. Each district shall must provide all
2439
elementary grades instructional personnel access to training
2440
sufficient to meet the requirements of s. 1012.585(3)(g) s.
2441
1012.585(3)(f).
2442
Section 43. Subsection (3) of section 1013.62, Florida
2443
Statutes, is amended to read:
2444
1013.62 Charter schools capital outlay funding.—
2445
(3) If the school board levies the discretionary millage
2446
authorized in s. 1011.71(2), the department must shall use the
2447
following calculation methodology to determine the amount of
2448
revenue that a school district must distribute to each eligible
2449
charter school:
2450
(a) Reduce the total discretionary millage revenue by the
2451
school district's annual debt service obligation incurred as of
2452
March 1, 2017, which has not been subsequently retired, and any
2453
amount of participation requirement pursuant to s.
2454
1013.64(2)(a)8. that is being satisfied by revenues raised by
2455
the discretionary millage.
2456
(b) Divide the school district's adjusted discretionary
2457
millage revenue by the district's total capital outlay full-time
2458
equivalent membership and the total number of full-time
2459
equivalent students of each eligible charter school to determine
2460
a capital outlay allocation per full-time equivalent student.
2461
(c) Multiply the capital outlay allocation per full-time
2462
equivalent student by the total number of full-time equivalent
2463
students of each eligible charter school to determine the
2464
capital outlay allocation for each charter school.
2465
(d) If applicable, reduce the capital outlay allocation
2466
identified in paragraph (c) by the total amount of state funds
2467
allocated to each eligible charter school in subsection (2) to
2468
determine the maximum calculated capital outlay allocation. The
2469
amount of funds a school district must distribute to charter
2470
schools shall be as follows:
2471
1. For fiscal year 2023-2024, the amount is 20 percent of
2472
the amount calculated under this paragraph.
2473
2. For fiscal year 2024-2025, the amount is 40 percent of
2474
the amount calculated under this paragraph.
2475
3. For fiscal year 2025-2026, the amount is 60 percent of
2476
the amount calculated under this paragraph.
2477
4. For fiscal year 2026-2027, the amount is 80 percent of
2478
the amount calculated under this paragraph.
2479
5. For fiscal year 2027-2028, and each fiscal year
2480
thereafter, the amount is 100 percent of the amount calculated
2481
under this paragraph.
2482
(e) School districts shall distribute capital outlay funds
2483
to eligible charter schools no later than February 1 of each
2484
year, as required by this subsection, based on the amount of
2485
funds received by the district school board. School districts
2486
shall distribute any remaining capital outlay funds, as required
2487
by this subsection, upon the receipt of such funds until the
2488
total amount calculated pursuant to this subsection is
2489
distributed.
2491
By October 1 of each year, each school district shall certify to
2492
the department the amount of debt service and participation
2493
requirement that complies with the requirement of paragraph (a)
2494
and can be reduced from the total discretionary millage revenue.
2495
The Auditor General shall verify compliance with the
2496
requirements of paragraph (a) and s. 1011.71(2)(e) during
2497
scheduled operational audits of school districts.
2498
Section 44. This act shall take effect July 1, 2026.