Florida Senate - 2009                                     SB 530
       
       
       
       By Senator Lynn
       
       
       
       
       7-00414-09                                             2009530__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Education Finance
    3         Program; amending s. 1011.60, F.S.; revising
    4         provisions relating to the minimum requirements that
    5         each school district must meet to participate in the
    6         Florida Education Finance Program; amending s.
    7         1011.61, F.S.; revising the term “full-time equivalent
    8         student” to conform to changes made by the act;
    9         providing an effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Subsection (2) and paragraphs (d) and (f) of
   14  subsection (3) of section 1011.60, Florida Statutes, are amended
   15  to read:
   16         1011.60 Minimum requirements of the Florida Education
   17  Finance Program.—Each district which participates in the state
   18  appropriations for the Florida Education Finance Program shall
   19  provide evidence of its effort to maintain an adequate school
   20  program throughout the district and shall meet at least the
   21  following requirements:
   22         (2) MINIMUM TERM.—Operate all schools for a term of at
   23  least 180 actual teaching days or the equivalent on an hourly
   24  basis as specified by rules of the State Board of Education each
   25  school year. The State Board of Education may prescribe
   26  procedures for altering, and, upon written application, may
   27  alter, this requirement during a national, state, or local
   28  emergency as it may apply to an individual school or schools in
   29  any district or districts if, in the opinion of the board, it is
   30  not feasible to make up lost days or hours, and the
   31  apportionment may, at the discretion of the Commissioner of
   32  Education and if the board determines that the reduction of
   33  school days or hours is caused by the existence of a bona fide
   34  emergency, be reduced for such district or districts in
   35  proportion to the decrease in the length of term in any such
   36  school or schools. A strike, as defined in s. 447.203(6), by
   37  employees of the school district may not be considered an
   38  emergency.
   39         (3) EMPLOYMENT POLICIES.—Adopt rules relating to the
   40  appointment, promotion, transfer, suspension, and dismissal of
   41  personnel.
   42         (d) District school boards may authorize a maximum of six
   43  paid legal holidays which shall apply to the 196 days or the
   44  equivalent hours of service.
   45         (f) Such rules must require 12 calendar months of service
   46  for such principals as prescribed by rules of the State Board of
   47  Education and must require 10 months to include not less than
   48  196 days or the equivalent hours of service, excluding Sundays
   49  and other holidays, for all members of the instructional staff,
   50  with any such service on a 12-month basis to include reasonable
   51  allowance for vacation or further study as prescribed by the
   52  school board in accordance with rules of the State Board of
   53  Education.
   54         Section 2. Paragraph (c) of subsection (1) of section
   55  1011.61, Florida Statutes, is amended to read:
   56         1011.61 Definitions.—Notwithstanding the provisions of s.
   57  1000.21, the following terms are defined as follows for the
   58  purposes of the Florida Education Finance Program:
   59         (1) A “full-time equivalent student” in each program of the
   60  district is defined in terms of full-time students and part-time
   61  students as follows:
   62         (c)1. A “full-time equivalent student” is:
   63         a. A full-time student in any one of the programs listed in
   64  s. 1011.62(1)(c); or
   65         b. A combination of full-time or part-time students in any
   66  one of the programs listed in s. 1011.62(1)(c) which is the
   67  equivalent of one full-time student based on the following
   68  calculations:
   69         (I) A full-time student, except a postsecondary or adult
   70  student or a senior high school student enrolled in adult
   71  education when such courses are required for high school
   72  graduation, in a combination of programs listed in s.
   73  1011.62(1)(c) shall be a fraction of a full-time equivalent
   74  membership in each special program equal to the number of net
   75  hours per school year for which he or she is a member, divided
   76  by the appropriate number of hours set forth in subparagraph
   77  (a)1. or subparagraph (a)2. The difference between that fraction
   78  or sum of fractions and the maximum value as set forth in
   79  subsection (4) for each full-time student is presumed to be the
   80  balance of the student's time not spent in such special
   81  education programs and shall be recorded as time in the
   82  appropriate basic program.
   83         (II) A prekindergarten handicapped student shall meet the
   84  requirements specified for kindergarten students.
   85         (III) A full-time equivalent student for students in grades
   86  K-8 in a school district virtual instruction program as provided
   87  in s. 1002.45 shall consist of a student who has successfully
   88  completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,
   89  and who is promoted to a higher grade level.
   90         (IV) A full-time equivalent student for students in grades
   91  9-12 in a school district virtual instruction program as
   92  provided in s. 1002.45 shall consist of six full credit
   93  completions in programs listed in s. 1011.62(1)(c)1. and 4.
   94  Credit completions can be a combination of either full credits
   95  or half credits.
   96         (V) A Florida Virtual School full-time equivalent student
   97  shall consist of six full credit completions in the programs
   98  listed in s. 1011.62(1)(c)1. and 4. Credit completions can be a
   99  combination of either full credits or half credits.
  100         (VI) Each successfully completed credit earned under the
  101  alternative high school course credit requirements authorized in
  102  s. 1002.375, which is not reported as a portion of the 900 net
  103  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  104  calculated as 1/6 FTE.
  105         2. A student in membership in a program scheduled for more
  106  or less than 180 school days or the equivalent hours is a
  107  fraction of a full-time equivalent membership equal to the
  108  number of instructional hours in membership divided by the
  109  appropriate number of hours set forth in subparagraph (a)1.;
  110  however, for the purposes of this subparagraph, membership in
  111  programs scheduled for more than 180 days or the equivalent
  112  hours is limited to students enrolled in juvenile justice
  113  education programs and the Florida Virtual School.
  114  The department shall determine and implement an equitable method
  115  of equivalent funding for experimental schools and for schools
  116  operating under emergency conditions, which schools have been
  117  approved by the department to operate for less than the minimum
  118  school day.
  119         Section 3. This act shall take effect July 1, 2009.