SESSION WATCH
THE BILL ITSELF

HB 963

Administrative Efficiency in Public Schools

VERSION H 963 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

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.