SB 2120 First Engrossed
20112120e1
1 A bill to be entitled
2 An act relating to K-12 education funding; amending s.
3 213.053, F.S.; authorizing the Department of Revenue
4 to provide certain information regarding the gross
5 receipts tax to the State Board of Education, the
6 Division of Bond Finance, and the Office of Economic
7 and Demographic Research; amending s. 215.61, F.S.;
8 requiring that, for purposes of servicing public
9 education capital outlay bonds, the State Board of
10 Education disregard the effects on the gross receipts
11 tax revenues collected during a tax period of a refund
12 resulting from a specified settlement agreement;
13 amending s. 1001.25, F.S.; requiring that the
14 Department of Education provide a means of extending
15 educational services through educational television or
16 other electronic media; amending s. 1001.271, F.S.;
17 requiring that the Commissioner of Education
18 facilitate and coordinate the use of the Florida
19 Information Resource Network by school districts,
20 educational institutions in the Florida College
21 System, state universities, and other eligible users;
22 amending s. 1001.28, F.S.; deleting a reference to the
23 Florida Knowledge Network as it relates to the
24 department’s distance learning duties; amending s.
25 1001.451, F.S.; revising provisions relating to
26 incentive grants for regional consortium service
27 organizations; authorizing regional consortium service
28 organizations to use various means to generate revenue
29 for future activities; amending s. 1002.33, F.S.;
30 revising provisions relating to charter schools;
31 providing for an additional student population to be
32 included for enrollment in a charter school; providing
33 that a charter school system may be designated as a
34 local educational agency for funding purposes if
35 certain requirements are met; amending s. 1002.34,
36 F.S.; conforming a cross-reference; amending s.
37 1003.01, F.S.; redefining the terms “core-curricula
38 courses” and “extracurricular courses”; amending s.
39 1003.03, F.S.; deleting a reference to the State
40 Constitution regarding class size maximums; requiring
41 that class size maximums be satisfied on or before the
42 October student membership survey each year; requiring
43 that the class size maximums be maintained after the
44 October student membership survey unless certain
45 conditions occur; providing that a student who enrolls
46 in a school after the October student membership
47 survey may be assigned to classes that temporarily
48 exceed class size maximums if the school board
49 determines that not assigning the student would be
50 impractical, educationally unsound, or disruptive to
51 student learning; providing for a specified number of
52 students to be assigned above the maximum if the
53 district school board makes this determination;
54 requiring that the district school board develop a
55 plan providing that the school will be in full
56 compliance with the maximum class size requirements by
57 the next October student membership survey; requiring
58 that the Department of Education identify from the
59 Course Code Directory the core-curricula courses for
60 the purpose of satisfying the maximum class size
61 requirement; authorizing the department to adopt
62 rules; amending s. 1004.02, F.S.; revising the
63 definition of the term “adult student”; creating s.
64 1006.282, F.S.; authorizing each district school board
65 to designate schools to implement a pilot program for
66 the transition to instructional materials in an
67 electronic or digital format; providing definitions;
68 providing requirements for the designation of pilot
69 schools; providing exemptions for such schools;
70 requiring that the district school board report to the
71 department by a specified date each year; requiring
72 that the report include certain information; requiring
73 that each district school board submit a review of the
74 pilot program to the department, the Executive Office
75 of the Governor, and the chairs of the legislative
76 appropriations committees by a specified date each
77 year; amending s. 1011.62, F.S.; revising provisions
78 relating to district funding for the operation of
79 schools; deleting provisions relating to the
80 coenrollment of high school students; providing the
81 maximum full-time equivalent membership value for
82 students completing an industry-certified career and
83 professional academy program; requiring that the
84 Department of Education assign the appropriate full
85 time equivalent value for each certification based on
86 rigor and employment value; requiring that the State
87 Board of Education include the assigned values in the
88 Industry Certification Funding List under rules
89 adopted by the state board; creating s. 1011.621,
90 F.S.; requiring that the Department of Education, upon
91 request by a school district and verification by the
92 Department of Juvenile Justice, direct a school
93 district receiving funds through the Florida Education
94 Finance Program to transfer a pro rata share of the
95 funds to another district that served the same
96 students during the same survey period but were unable
97 to report the students for funding purposes; requiring
98 that the amount of the transfer be based on the
99 percentage of the survey period in which the students
100 were served by each district; amending s. 1011.685,
101 F.S.; revising provisions relating to class size
102 reduction operational categorical funds; authorizing a
103 school district that meets the maximum class size
104 requirement to use the funds for any lawful operating
105 expenditure; amending s. 1011.71, F.S.; revising
106 provisions relating to the district school tax;
107 providing for future expiration of provisions relating
108 to additional millage levied by district school
109 boards; authorizing district school boards to levy
110 additional millage if approved by the voters;
111 providing that the local funds generated by the
112 additional millage not be included in the calculation
113 of funding through the Florida Education Finance
114 Program; amending s. 1012.225, F.S.; discontinuing
115 state funding for the Merit Award Program for
116 Instructional Personnel and School-Based
117 Administrators; amending s. 1013.737, F.S.; changing
118 the name of the Class Size Reduction Lottery Revenue
119 Bond Program to the Class Size Reduction and
120 Educational Facilities Lottery Revenue Bond Program;
121 authorizing the issuance of educational facilities
122 bonds; adopting by reference the alternate compliance
123 calculation amounts to the class size operating
124 categorical, as submitted by the Governor on behalf of
125 the Department of Education for approval by the
126 Legislative Budget Commission; requiring that the
127 Commissioner of Education modify payments to school
128 districts for the 2010-2011 fiscal year consistent
129 with the amendment; providing effective dates.
130
131 Be It Enacted by the Legislature of the State of Florida:
132
133 Section 1. Paragraph (dd) is added to subsection (8) of
134 section 213.053, Florida Statutes, as amended by chapter 2010
135 280, Laws of Florida, to read:
136 213.053 Confidentiality and information sharing.—
137 (8) Notwithstanding any other provision of this section,
138 the department may provide:
139 (dd) Information relative to s. 215.61(6) to the State
140 Board of Education, the Division of Bond Finance, and the Office
141 of Economic and Demographic Research.
142
143 Disclosure of information under this subsection shall be
144 pursuant to a written agreement between the executive director
145 and the agency. Such agencies, governmental or nongovernmental,
146 shall be bound by the same requirements of confidentiality as
147 the Department of Revenue. Breach of confidentiality is a
148 misdemeanor of the first degree, punishable as provided by s.
149 775.082 or s. 775.083.
150 Section 2. Subsection (6) is added to section 215.61,
151 Florida Statutes, to read:
152 215.61 State system of public education capital outlay
153 bonds.—
154 (6) In making the determination as required by subsection
155 (3) of the amount that can be serviced by the gross receipts
156 tax, the State Board of Education shall disregard the effects on
157 the reported gross receipts tax revenues collected during a tax
158 period of any refund paid by the Department of Revenue as a
159 direct result of a refund request made pursuant to the
160 settlement reached in In re: AT&T Mobility Wireless Data
161 Services Sales Litigation, 270 F.R.D. 330, (Aug. 11, 2010). The
162 Department of Revenue shall provide to the State Board of
163 Education, the Division of Bond Finance, and the Office of
164 Economic and Demographic Research the amount of any such refund
165 and the tax period in which the refund is included.
166 Section 3. Paragraph (b) of subsection (2) of section
167 1001.25, Florida Statutes, is amended to read:
168 1001.25 Educational television.—
169 (2) POWERS OF DEPARTMENT.—
170 (b) The department shall provide through educational
171 television or and other electronic media a means of extending
172 educational services to all the state system of public
173 education, except the state universities, which provision by the
174 department is limited by paragraph (c) and by s. 1001.26(1). The
175 department shall recommend to the State Board of Education rules
176 necessary to provide such services.
177 Section 4. Section 1001.271, Florida Statutes, is amended
178 to read:
179 1001.271 Florida Information Resource Network.—The
180 Commissioner of Education shall facilitate and coordinate the
181 use of the Florida Information Resource Network by school
182 districts, educational institutions in the Florida College
183 System, universities, and other eligible users. Upon requisition
184 by school districts, community colleges, universities, or other
185 eligible users of the Florida Information Resource Network, the
186 Commissioner of Education shall purchase the nondiscounted
187 portion of Internet access services, including, but not limited
188 to, circuits, encryption, content filtering, support, and any
189 other services needed for the effective and efficient operation
190 of the network. For the 2009-2010 fiscal year, each school
191 district, the Florida School for the Deaf and the Blind, and the
192 regional educational consortia eligible for the e-rate must
193 submit a requisition to the Commissioner of Education for at
194 least the same level of Internet access services used through
195 the Florida Information Resource Network contract in the 2008
196 2009 fiscal year. Each user shall identify in its requisition
197 the source of funds from which the commissioner is to make
198 payments.
199 Section 5. Subsection (2) of section 1001.28, Florida
200 Statutes, is amended to read:
201 1001.28 Distance learning duties.—The duties of the
202 Department of Education concerning distance learning include,
203 but are not limited to, the duty to:
204 (2) Coordinate the use of existing resources, including,
205 but not limited to, the state’s satellite transponders, the
206 Florida Information Resource Network (FIRN), the Florida
207 Knowledge Network, and distance learning initiatives.
208
209 Nothing in this section shall be construed to abrogate,
210 supersede, alter, or amend the powers and duties of any state
211 agency, district school board, community college board of
212 trustees, university board of trustees, the Board of Governors,
213 or the State Board of Education.
214 Section 6. Paragraph (a) of subsection (2) of section
215 1001.451, Florida Statutes, is amended, and subsection (5) is
216 added to that section, to read:
217 1001.451 Regional consortium service organizations.—In
218 order to provide a full range of programs to larger numbers of
219 students, minimize duplication of services, and encourage the
220 development of new programs and services:
221 (2)(a) Each regional consortium service organization that
222 consists of four or more school districts is eligible to
223 receive, through the Department of Education, subject to the
224 funds provided in the General Appropriations Act, an incentive
225 grant of $50,000 per school district and eligible member to be
226 used for the delivery of services within the participating
227 school districts. The determination of services and use of such
228 funds shall be established by the board of directors of the
229 regional consortium service organization. The funds shall be
230 distributed to each regional consortium service organization no
231 later than 30 days following the release of the funds to the
232 department.
233 (5) The board of directors of a regional consortium service
234 organization may use various means to generate revenue in
235 support of its activities. The board of directors may acquire,
236 enjoy, use, and dispose of patents, copyrights, and trademarks
237 and any licenses and other rights or interests thereunder or
238 therein. Ownership of all such patents, copyrights, trademarks,
239 licenses, and rights or interests thereunder or therein shall
240 vest in the state, with the board of directors having full right
241 of use and full right to retain the revenues derived therefrom.
242 Any funds realized from patents, copyrights, trademarks, or
243 licenses shall be considered internal funds as provided in s.
244 1011.07. Such funds shall be used to support the organization’s
245 marketing and research and development activities in order to
246 improve and increase services to its member districts.
247 Section 7. Paragraph (e) of subsection (10) and subsection
248 (19) of section 1002.33, Florida Statutes, are amended, present
249 subsections (25) and (26) of that section are redesignated as
250 subsections (26) and (27), respectively, and a new subsection
251 (25) is added to that section, to read:
252 1002.33 Charter schools.—
253 (10) ELIGIBLE STUDENTS.—
254 (e) A charter school may limit the enrollment process only
255 to target the following student populations:
256 1. Students within specific age groups or grade levels.
257 2. Students considered at risk of dropping out of school or
258 academic failure. Such students shall include exceptional
259 education students.
260 3. Students enrolling in a charter school-in-the-workplace
261 or charter school-in-a-municipality established pursuant to
262 subsection (15).
263 4. Students residing within a reasonable distance of the
264 charter school, as described in paragraph (20)(c). Such students
265 shall be subject to a random lottery and to the racial/ethnic
266 balance provisions described in subparagraph (7)(a)8. or any
267 federal provisions that require a school to achieve a
268 racial/ethnic balance reflective of the community it serves or
269 within the racial/ethnic range of other public schools in the
270 same school district.
271 5. Students who meet reasonable academic, artistic, or
272 other eligibility standards established by the charter school
273 and included in the charter school application and charter or,
274 in the case of existing charter schools, standards that are
275 consistent with the school’s mission and purpose. Such standards
276 shall be in accordance with current state law and practice in
277 public schools and may not discriminate against otherwise
278 qualified individuals.
279 6. Students articulating from one charter school to another
280 pursuant to an articulation agreement between the charter
281 schools that has been approved by the sponsor.
282 7. Students living in a development in which a business
283 entity provides the school facility and related property having
284 an appraised value of at least $10 million to be used as a
285 charter school for the development. Students living in the
286 development shall be entitled to 50 percent of the student
287 stations in the charter school. The students who are eligible
288 for enrollment are subject to a random lottery, the
289 racial/ethnic balance provisions, or any federal provisions, as
290 described in subparagraph 4. The remainder of the student
291 stations shall be filled in accordance with subparagraph 4.
292 (19) CAPITAL OUTLAY FUNDING.—Charter schools are eligible
293 for capital outlay funds pursuant to s. 1013.62. Capital outlay
294 funds authorized in ss. s. 1011.71(2) and 1013.62 that have been
295 shared with a charter school-in-the-workplace prior to July 1,
296 2010, are deemed to have met the authorized expenditure
297 requirements for such funds.
298 (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
299 SCHOOL SYSTEMS.—A charter school system shall be considered a
300 local educational agency for the purpose of receiving federal
301 funds, the same as though the charter school system were a
302 school district, if the governing board of the charter school
303 system has adopted and filed a resolution with its sponsoring
304 district school board and the Department of Education in which
305 the governing board of the charter school system accepts the
306 full responsibility for all local education agency requirements
307 and the charter school system meets all of the following:
308 (a) Includes both conversion charter schools and
309 nonconversion charter schools;
310 (b) Has all schools located in the same county;
311 (c) Has a total enrollment exceeding the total enrollment
312 of at least one school district in the state;
313 (d) Has the same governing board; and
314 (e) Does not contract with a for-profit service provider
315 for management of school operations.
316
317 Such designation shall not apply to other provisions unless
318 specifically provided in law.
319 Section 8. Subsection (13) of section 1002.34, Florida
320 Statutes, is amended to read:
321 1002.34 Charter technical career centers.—
322 (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
323 of a center may decide matters relating to the operation of the
324 school, including budgeting, curriculum, and operating
325 procedures, subject to the center’s charter. The board of
326 directors is responsible for performing the duties provided in
327 s. 1002.345, including monitoring the corrective action plan.
328 The board of directors must comply with s. 1002.33(26) s.
329 1002.33(25).
330 Section 9. Subsections (14) and (15) of section 1003.01,
331 Florida Statutes, are amended to read:
332 1003.01 Definitions.—As used in this chapter, the term:
333 (14) “Core-curricula courses” means:
334 (a) Courses in language arts/reading, mathematics, social
335 studies, and science in prekindergarten through grade 3;
336 (b) Courses in grades 4 through 8 in subjects that are
337 measured by state assessment at any grade level and courses
338 required for middle school promotion;
339 (c) Courses in grades 9 through 12 in subjects that are
340 measured by state assessment at any grade level and courses that
341 are specifically identified by name in statute as required for
342 high school graduation and that are not measured by state
343 assessment, excluding any extracurricular courses pursuant to
344 subsection (15);
345 (d) Exceptional student education courses; and
346 (e) English for Speakers of Other Languages courses.
347 courses defined by the Department of Education as mathematics,
348 language arts/reading, science, social studies, foreign
349 language, English for Speakers of Other Languages, exceptional
350 student education, and courses taught in traditional self
351 contained elementary school classrooms.
352
353 The term is limited in meaning and used for the sole purpose of
354 designating classes that are subject to the maximum class size
355 requirements established in s. 1, Art. IX of the State
356 Constitution. This term does not include courses offered under
357 ss. 1002.37, 1002.415, and 1002.45.
358 (15) “Extracurricular courses” means all courses that are
359 not defined as “core-curricula courses,” which may include, but
360 are not limited to, physical education, fine arts, performing
361 fine arts, and career education, and courses that may result in
362 college credit. The term is limited in meaning and used for the
363 sole purpose of designating classes that are not subject to the
364 maximum class size requirements established in s. 1, Art. IX of
365 the State Constitution.
366 Section 10. Subsections (1) and (2) of section 1003.03,
367 Florida Statutes, are amended, and subsection (6) is added to
368 that section, to read:
369 1003.03 Maximum class size.—
370 (1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.—Each year, on or
371 before the October student membership survey, the following
372 class size maximums shall be satisfied Pursuant to s. 1, Art. IX
373 of the State Constitution, beginning in the 2010-2011 school
374 year:
375 (a) The maximum number of students assigned to each teacher
376 who is teaching core-curricula courses in public school
377 classrooms for prekindergarten through grade 3 may not exceed 18
378 students.
379 (b) The maximum number of students assigned to each teacher
380 who is teaching core-curricula courses in public school
381 classrooms for grades 4 through 8 may not exceed 22 students.
382 The maximum number of students assigned to a core-curricula high
383 school course in which a student in grades 4 through 8 is
384 enrolled shall be governed by the requirements in s.
385 1003.03(1)(c).
386 (c) The maximum number of students assigned to each teacher
387 who is teaching core-curricula courses in public school
388 classrooms for grades 9 through 12 may not exceed 25 students.
389
390 These maximums shall be maintained after the October student
391 membership survey, except as provided in paragraph (2)(b) or due
392 to an extreme emergency beyond the control of the district
393 school board.
394 (2) IMPLEMENTATION.—
395 (a) The Department of Education shall annually calculate
396 class size measures described in subsection (1) based upon the
397 October student membership survey.
398 (b) A student who enrolls in a school after the October
399 student membership survey may be assigned to an existing class
400 that temporarily exceeds the maximum number of students in
401 subsection (1) if the district school board determines it to be
402 impractical, educationally unsound, or disruptive to student
403 learning to not assign the student to the class. If the district
404 school board makes this determination:
405 1. Up to three students may be assigned to a teacher in
406 kindergarten through grade 3 above the maximum as provided in
407 paragraph (1)(a);
408 2. Up to five students may be assigned to a teacher in
409 grades 4 through 12 above the maximum as provided in paragraphs
410 (1)(b) and (1)(c), respectively; and
411 3. The district school board shall develop a plan that
412 provides that the school will be in full compliance with the
413 maximum class size in subsection (1) by the next October student
414 membership survey.
415 (b) Prior to the adoption of the district school budget for
416 2010-2011, each district school board shall hold public hearings
417 and provide information to parents on the district’s website,
418 and through any other means by which the district provides
419 information to parents and the public, on the district’s
420 strategies to meet the requirements in subsection (1).
421 (6) COURSES FOR COMPLIANCE.—Consistent with the provisions
422 in ss. 1003.01(14) and 1003.428, the Department of Education
423 shall identify from the Course Code Directory the core-curricula
424 courses for the purpose of satisfying the maximum class size
425 requirement in this section. The department may adopt rules to
426 implement this subsection, if necessary.
427 Section 11. Subsection (6) of section 1004.02, Florida
428 Statutes, is amended to read:
429 1004.02 Definitions.—As used in this chapter:
430 (6) “Adult student” is a student who is beyond the
431 compulsory school age and who has legally left elementary or
432 secondary school, or a high school student who is taking an
433 adult course required for high school graduation.
434 Section 12. Section 1006.282, Florida Statutes, is created
435 to read:
436 1006.282 Transition to electronic and digital instructional
437 material pilot program.—
438 (1) A school district board may designate pilot schools to
439 implement the transition to instructional materials that are in
440 an electronic or a digital format.
441 (2) For the purpose of this section, the term:
442 (a) “Electronic format” means text-based or image-based
443 content in a form that is produced on, published by, and
444 readable on computers or other digital devices and is an
445 electronic version of a printed book, whether or not any printed
446 equivalent exists.
447 (b) “Digital format” means text-based or image-based
448 content in a form that provides the student with various
449 interactive functions; that can be searched, tagged,
450 distributed, and utilized for individualized or group learning;
451 that may include multimedia content such as video clips,
452 animations, or virtual reality; and that has the ability to be
453 accessed through the district’s local instructional improvement
454 system or a variety of mobile, electronic, or digital devices.
455 (3) A school board may designate pilot schools only if the
456 school district:
457 (a) Has implemented a learning management system pursuant
458 to s. 1006.281, which also enables district and school staff to
459 plan, create, and manage professional development and to connect
460 professional development with staff information and student
461 performance; provides ability to seamlessly connect the system
462 to electronic and digital instructional materials and the
463 instructional materials to student assessment data; and includes
464 the minimum standards published by the Department of Education.
465 (b) Requests only the electronic format of the specimen
466 copies of instructional materials submitted pursuant to s.
467 1006.33.
468 (c) Uses at least 50 percent of the pilot school’s annual
469 allocation from the district for the purchase of electronic or
470 digital instructional materials included on the state-adopted
471 list.
472 (4) A school designated as a pilot school by the school
473 board is exempt from:
474 (a) Section 1006.40(2)(a), if the school provides
475 comprehensive electronic or digital instructional materials to
476 the students within the pilot school; and
477 (b) Section 1006.37, relating to the requisition of
478 instructional materials from the publisher’s depository.
479 (5) By August 1 of each year beginning in 2011, the school
480 board must report to the Department of Education the school or
481 schools in its district that have been designated as a pilot
482 school. The report must include:
483 (a) The name of the pilot school, and the grade or grades
484 and associated course or courses included in the pilot.
485 (b) A description of the type of technological tool or
486 tools that will be used to access the electronic or digital
487 instructional materials included in the pilot.
488 (c) The projected costs, including cost savings or cost
489 avoidances, associated with the pilot.
490 (6) By September 1 of each year beginning in 2012, each
491 school board that has designated a pilot school must provide to
492 the Department of Education, the Executive Office of the
493 Governor, and the chairs of the appropriations committees of the
494 Senate and the House of Representatives a review of the pilot
495 school which must include, but need not limited be to:
496 (a) Successful practices;
497 (b) Lessons learned;
498 (c) Level of investment and cost-effectiveness; and
499 (d) Impacts on student performance.
500 Section 13. Paragraphs (j) through (u) of subsection (1)
501 and paragraph (b) of subsection (6) of section 1011.62, Florida
502 Statutes, are amended to read:
503 1011.62 Funds for operation of schools.—If the annual
504 allocation from the Florida Education Finance Program to each
505 district for operation of schools is not determined in the
506 annual appropriations act or the substantive bill implementing
507 the annual appropriations act, it shall be determined as
508 follows:
509 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
510 OPERATION.—The following procedure shall be followed in
511 determining the annual allocation to each district for
512 operation:
513 (j) Coenrollment.—If a high school student wishes to earn
514 high school credits from a community college and enrolls in one
515 or more adult secondary education courses at the community
516 college, the community college shall be reimbursed for the costs
517 incurred because of the high school student’s coenrollment as
518 provided in the General Appropriations Act.
519 (j)(k) Instruction in exploratory career education.
520 Students in grades 7 through 12 who are enrolled for more than
521 four semesters in exploratory career education may not be
522 counted as full-time equivalent students for this instruction.
523 (k)(l) Study hall.—A student who is enrolled in study hall
524 may not be included in the calculation of full-time equivalent
525 student membership for funding under this section.
526 (l)(m) Calculation of additional full-time equivalent
527 membership based on International Baccalaureate examination
528 scores of students.—A value of 0.16 full-time equivalent student
529 membership shall be calculated for each student enrolled in an
530 International Baccalaureate course who receives a score of 4 or
531 higher on a subject examination. A value of 0.3 full-time
532 equivalent student membership shall be calculated for each
533 student who receives an International Baccalaureate diploma.
534 Such value shall be added to the total full-time equivalent
535 student membership in basic programs for grades 9 through 12 in
536 the subsequent fiscal year. Each school district shall allocate
537 80 percent of the funds received from International
538 Baccalaureate bonus FTE funding to the school program whose
539 students generate the funds and to school programs that prepare
540 prospective students to enroll in International Baccalaureate
541 courses. Funds shall be expended solely for the payment of
542 allowable costs associated with the International Baccalaureate
543 program. Allowable costs include International Baccalaureate
544 annual school fees; International Baccalaureate examination
545 fees; salary, benefits, and bonuses for teachers and program
546 coordinators for the International Baccalaureate program and
547 teachers and coordinators who prepare prospective students for
548 the International Baccalaureate program; supplemental books;
549 instructional supplies; instructional equipment or instructional
550 materials for International Baccalaureate courses; other
551 activities that identify prospective International Baccalaureate
552 students or prepare prospective students to enroll in
553 International Baccalaureate courses; and training or
554 professional development for International Baccalaureate
555 teachers. School districts shall allocate the remaining 20
556 percent of the funds received from International Baccalaureate
557 bonus FTE funding for programs that assist academically
558 disadvantaged students to prepare for more rigorous courses. The
559 school district shall distribute to each classroom teacher who
560 provided International Baccalaureate instruction:
561 1. A bonus in the amount of $50 for each student taught by
562 the International Baccalaureate teacher in each International
563 Baccalaureate course who receives a score of 4 or higher on the
564 International Baccalaureate examination.
565 2. An additional bonus of $500 to each International
566 Baccalaureate teacher in a school designated with a grade of “D”
567 or “F” who has at least one student scoring 4 or higher on the
568 International Baccalaureate examination, regardless of the
569 number of classes taught or of the number of students scoring a
570 4 or higher on the International Baccalaureate examination.
571
572 Bonuses awarded to a teacher according to this paragraph shall
573 not exceed $2,000 in any given school year and shall be in
574 addition to any regular wage or other bonus the teacher received
575 or is scheduled to receive.
576 (m)(n) Calculation of additional full-time equivalent
577 membership based on Advanced International Certificate of
578 Education examination scores of students.—A value of 0.16 full
579 time equivalent student membership shall be calculated for each
580 student enrolled in a full-credit Advanced International
581 Certificate of Education course who receives a score of E or
582 higher on a subject examination. A value of 0.08 full-time
583 equivalent student membership shall be calculated for each
584 student enrolled in a half-credit Advanced International
585 Certificate of Education course who receives a score of E or
586 higher on a subject examination. A value of 0.3 full-time
587 equivalent student membership shall be calculated for each
588 student who receives an Advanced International Certificate of
589 Education diploma. Such value shall be added to the total full
590 time equivalent student membership in basic programs for grades
591 9 through 12 in the subsequent fiscal year. The school district
592 shall distribute to each classroom teacher who provided Advanced
593 International Certificate of Education instruction:
594 1. A bonus in the amount of $50 for each student taught by
595 the Advanced International Certificate of Education teacher in
596 each full-credit Advanced International Certificate of Education
597 course who receives a score of E or higher on the Advanced
598 International Certificate of Education examination. A bonus in
599 the amount of $25 for each student taught by the Advanced
600 International Certificate of Education teacher in each half
601 credit Advanced International Certificate of Education course
602 who receives a score of E or higher on the Advanced
603 International Certificate of Education examination.
604 2. An additional bonus of $500 to each Advanced
605 International Certificate of Education teacher in a school
606 designated with a grade of “D” or “F” who has at least one
607 student scoring E or higher on the full-credit Advanced
608 International Certificate of Education examination, regardless
609 of the number of classes taught or of the number of students
610 scoring an E or higher on the full-credit Advanced International
611 Certificate of Education examination.
612 3. Additional bonuses of $250 each to teachers of half
613 credit Advanced International Certificate of Education classes
614 in a school designated with a grade of “D” or “F” which has at
615 least one student scoring an E or higher on the half-credit
616 Advanced International Certificate of Education examination in
617 that class. The maximum additional bonus for a teacher awarded
618 in accordance with this subparagraph shall not exceed $500 in
619 any given school year. Teachers receiving an award under
620 subparagraph 2. are not eligible for a bonus under this
621 subparagraph.
622
623 Bonuses awarded to a teacher according to this paragraph shall
624 not exceed $2,000 in any given school year and shall be in
625 addition to any regular wage or other bonus the teacher received
626 or is scheduled to receive.
627 (n)(o) Calculation of additional full-time equivalent
628 membership based on college board advanced placement scores of
629 students.—A value of 0.16 full-time equivalent student
630 membership shall be calculated for each student in each advanced
631 placement course who receives a score of 3 or higher on the
632 College Board Advanced Placement Examination for the prior year
633 and added to the total full-time equivalent student membership
634 in basic programs for grades 9 through 12 in the subsequent
635 fiscal year. Each district must allocate at least 80 percent of
636 the funds provided to the district for advanced placement
637 instruction, in accordance with this paragraph, to the high
638 school that generates the funds. The school district shall
639 distribute to each classroom teacher who provided advanced
640 placement instruction:
641 1. A bonus in the amount of $50 for each student taught by
642 the Advanced Placement teacher in each advanced placement course
643 who receives a score of 3 or higher on the College Board
644 Advanced Placement Examination.
645 2. An additional bonus of $500 to each Advanced Placement
646 teacher in a school designated with a grade of “D” or “F” who
647 has at least one student scoring 3 or higher on the College
648 Board Advanced Placement Examination, regardless of the number
649 of classes taught or of the number of students scoring a 3 or
650 higher on the College Board Advanced Placement Examination.
651
652 Bonuses awarded to a teacher according to this paragraph shall
653 not exceed $2,000 in any given school year and shall be in
654 addition to any regular wage or other bonus the teacher received
655 or is scheduled to receive.
656 (o)(p) Calculation of additional full-time equivalent
657 membership based on certification of successful completion of
658 industry-certified career and professional academy programs
659 pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
660 in the Industry Certified Funding List pursuant to rules adopted
661 by the State Board of Education.—A value of 0.1, 0.2, or 0.3
662 full-time equivalent student membership shall be calculated for
663 each student who completes an industry-certified career and
664 professional academy program under ss. 1003.491, 1003.492, and
665 1003.493 and who is issued the highest level of industry
666 certification identified annually in the Industry Certification
667 Funding List approved under rules adopted by the State Board of
668 Education and a high school diploma. The maximum full-time
669 equivalent student membership value for any student is 0.3. The
670 Department of Education shall assign the appropriate full-time
671 equivalent value for each certification, 50 percent of which is
672 based on rigor and the remaining 50 percent on employment value.
673 The State Board of Education shall include the assigned values
674 in the Industry Certification Funding List under rules adopted
675 by the state board. Rigor shall be based on the number of
676 instructional hours, including work experience hours, required
677 to earn the certification, with a bonus for industry
678 certifications that have a statewide articulation agreement for
679 college credit approved by the State Board of Education.
680 Employment value shall be based on the entry wage, growth rate
681 in employment for each occupational category, and average annual
682 openings for the primary occupation linked to the industry
683 certification. Such value shall be added to the total full-time
684 equivalent student membership in secondary career education
685 programs for grades 9 through 12 in the subsequent year for
686 courses that were not funded through dual enrollment. The
687 additional full-time equivalent membership authorized under this
688 paragraph may not exceed 0.3 per student. Each district must
689 allocate at least 80 percent of the funds provided for industry
690 certification, in accordance with this paragraph, to the program
691 that generated the funds. Unless a different amount is specified
692 in the General Appropriations Act, the appropriation for this
693 calculation is limited to $15 million annually. If the
694 appropriation is insufficient to fully fund the total
695 calculation, the appropriation shall be prorated.
696 (p)(q) Calculation of additional full-time equivalent
697 membership for the Florida Virtual School.—The reported full
698 time equivalent student membership for the Florida Virtual
699 School for students who are also enrolled in a school district
700 shall be multiplied by 0.114, and such value shall be added to
701 the total full-time equivalent student membership.
702 (q)(r) Year-round-school programs.—The Commissioner of
703 Education is authorized to adjust student eligibility
704 definitions, funding criteria, and reporting requirements of
705 statutes and rules in order that year-round-school programs may
706 achieve equivalent application of funding requirements with non
707 year-round-school programs.
708 (r)(s) Extended-school-year program.—It is the intent of
709 the Legislature that students be provided additional instruction
710 by extending the school year to 210 days or more. Districts may
711 apply to the Commissioner of Education for funds to be used in
712 planning and implementing an extended-school-year program.
713 (s)(t) Determination of the basic amount for current
714 operation.—The basic amount for current operation to be included
715 in the Florida Education Finance Program for kindergarten
716 through grade 12 for each district shall be the product of the
717 following:
718 1. The full-time equivalent student membership in each
719 program, multiplied by
720 2. The cost factor for each program, adjusted for the
721 maximum as provided by paragraph (c), multiplied by
722 3. The base student allocation.
723 (t)(u) Computation for funding through the Florida
724 Education Finance Program.—The State Board of Education may
725 adopt rules establishing programs and courses for which the
726 student may earn credit toward high school graduation.
727 (6) CATEGORICAL FUNDS.—
728 (b) If a district school board finds and declares in a
729 resolution adopted at a regular meeting of the school board that
730 the funds received for any of the following categorical
731 appropriations are urgently needed to maintain school board
732 specified academic classroom instruction, the school board may
733 consider and approve an amendment to the school district
734 operating budget transferring the identified amount of the
735 categorical funds to the appropriate account for expenditure:
736 1. Funds for student transportation.
737 2. Funds for safe schools.
738 3. Funds for supplemental academic instruction.
739 4. Funds for research-based reading instruction.
740 5. Funds for instructional materials if all instructional
741 material purchases necessary to provide updated materials
742 aligned to Next Generation Sunshine State Standards and
743 benchmarks and that meet statutory requirements of content and
744 learning have been completed for that fiscal year, but no sooner
745 than March 1, 2011. Funds available after March 1 may be used to
746 purchase hardware for student instruction.
747 Section 14. Section 1011.621, Florida Statutes, is created
748 to read:
749 1011.621 Adjustments for interdistrict transfers of
750 students in Department of Juvenile Justice detention facilities
751 within a survey period.—The Department of Education, upon the
752 request by a school district and verification by the Department
753 of Juvenile Justice, shall direct a school district that
754 receives Florida Education Finance Program funds attributed to a
755 membership survey for children in secure detention care pursuant
756 to chapter 985 to transfer a pro rata share of the funds to
757 another district that served the same students during the same
758 survey period but were unable to report the students for
759 funding. The amount of the funds transfer shall be based on the
760 percentage of the survey period in which the students were
761 served by each district.
762 Section 15. Subsection (2) of section 1011.685, Florida
763 Statutes, is amended to read:
764 1011.685 Class size reduction; operating categorical fund.—
765 (2) Class size reduction operating categorical funds shall
766 be used by school districts to reduce class size as required in
767 s. 1003.03. A school district that meets the maximum class size
768 requirement may use the funds, or the funds may be used for any
769 lawful operating expenditure; however, priority shall be given
770 to increasing salaries of classroom teachers.
771 Section 16. Paragraph (b) of subsection (3) of section
772 1011.71, Florida Statutes, is amended, and paragraphs (c) and
773 (d) are added to that subsection, to read:
774 1011.71 District school tax.—
775 (3)
776 (b) In addition to the millage authorized in this section,
777 each district school board may, by a super majority vote, levy
778 an additional 0.25 mills for critical capital outlay needs or
779 for critical operating needs. If levied for capital outlay,
780 expenditures shall be subject to the requirements of this
781 section. If levied for operations, expenditures shall be
782 consistent with the requirements for operating funds received
783 pursuant to s. 1011.62. If the district levies this additional
784 0.25 mills for operations, the compression adjustment pursuant
785 to s. 1011.62(5) shall be calculated and added to the district’s
786 FEFP allocation. Millage levied pursuant to this paragraph is
787 subject to the provisions of s. 200.065. In order to be
788 continued after the 2010-2011 fiscal year, millage levied
789 pursuant to this paragraph must be approved by the voters of the
790 district at the 2010 general election or at a subsequent
791 election held at any time, except that not more than one such
792 election shall be held during any 12-month period. Any millage
793 so authorized shall be levied for a period not in excess of 2
794 years or until changed by another millage election, whichever is
795 earlier. If any such election is invalidated by a court of
796 competent jurisdiction, such invalidated election shall be
797 considered not to have been held. The provisions of this
798 paragraph expire June 30, 2011.
799 (c) Local funds generated by the additional 0.25 mills
800 authorized in paragraph (b) and state funds provided pursuant to
801 s. 1011.62(5) may not be included in the calculation of the
802 Florida Education Finance Program in 2011-2012 or any subsequent
803 year and may not be incorporated in the calculation of any hold
804 harmless or other component of the Florida Education Finance
805 Program in any year, except as provided in paragraph (d).
806 (d) For the 2011-2012 and 2012-2013 fiscal years, the 0.25
807 mills authorized in paragraph (b) may be levied by the districts
808 in which it was authorized by the voters in the 2010 general
809 election. If a district levies this voter-approved 0.25 mills
810 for operations, a compression adjustment pursuant to s.
811 1011.62(5) may be calculated and added to the district’s Florida
812 Education Finance Program allocation, subject to determination
813 in the General Appropriations Act.
814 Section 17. Subsection (8) is added to section 1012.225,
815 Florida Statutes, to read:
816 1012.225 Merit Award Program for Instructional Personnel
817 and School-Based Administrators.—
818 (8) EXPIRATION.—State funding pursuant to this section
819 shall be discontinued following payment of awards for the 2010
820 2011 fiscal year.
821 Section 18. Section 1013.737, Florida Statutes, is amended
822 to read:
823 1013.737 The Class Size Reduction and Educational
824 Facilities Lottery Revenue Bond Program.—There is established
825 the Class Size Reduction and Educational Facilities Lottery
826 Revenue Bond Program.
827 (1) The issuance of revenue bonds is authorized to finance
828 or refinance the construction, acquisition, reconstruction, or
829 renovation of educational facilities. Such bonds shall be issued
830 pursuant to and in compliance with the provisions of s. 11(d),
831 Art. VII of the State Constitution, the provisions of the State
832 Bond Act, ss. 215.57-215.83, as amended, and the provisions of
833 this section.
834 (2) The bonds are payable from, and secured by a first lien
835 on, the first lottery revenues transferred to the Educational
836 Enhancement Trust Fund each fiscal year, as provided by s.
837 24.121(2), and do not constitute a general obligation of, or a
838 pledge of the full faith and credit of, the state.
839 (3) The state hereby covenants with the holders of such
840 revenue bonds that it will not take any action that will
841 materially and adversely affect the rights of such holders so
842 long as bonds authorized by this section are outstanding. The
843 state does hereby additionally authorize the establishment of a
844 covenant in connection with the bonds which provides that any
845 additional funds received by the state from new or enhanced
846 lottery programs; video gaming; banking card games, including
847 baccarat, chemin de fer, or blackjack; electronic or
848 electromechanical facsimiles of any game of chance; casino
849 games; slot machines; or other similar activities will first be
850 available for payments relating to bonds pledging revenues
851 available pursuant to s. 24.121(2), prior to use for any other
852 purpose.
853 (4) The bonds shall be issued by the Division of Bond
854 Finance of the State Board of Administration on behalf of the
855 Department of Education in such amount as shall be requested by
856 resolution of the State Board of Education. However, the total
857 principal amount of bonds, excluding refunding bonds, issued
858 pursuant to this section shall not exceed amounts specifically
859 authorized in the General Appropriations Act.
860 (5) Proceeds available from the sale of the bonds shall be
861 deposited in the Lottery Capital Outlay and Debt Service Trust
862 Fund within the Department of Education.
863 (6) The facilities to be financed with the proceeds of such
864 bonds are designated as state fixed capital outlay projects for
865 purposes of s. 11(d), Art. VII of the State Constitution, and
866 the specific facilities to be financed shall be determined in
867 accordance with state law and appropriations from the
868 Educational Enhancement Trust Fund. Projects shall be funded
869 from the Lottery Capital Outlay and Debt Service Trust Fund.
870 Each educational facility to be financed with the proceeds of
871 the bonds issued pursuant to this section is hereby approved as
872 required by s. 11(f), Art. VII of the State Constitution.
873 (7) Any complaint for validation of such bonds is required
874 to be filed only in the circuit court of the county where the
875 seat of state government is situated. The notice required to be
876 published by s. 75.06 is required to be published only in the
877 county where the complaint is filed, and the complaint and order
878 of the circuit court need be served only on the state attorney
879 of the circuit in which the action is pending.
880 (8) The Commissioner of Education shall provide for timely
881 encumbrances of funds for duly authorized projects. Encumbrances
882 may include proceeds to be received under a resolution approved
883 by the State Board of Education authorizing issuance of class
884 size reduction lottery bonds or educational facilities bonds
885 pursuant to s. 11(d), Art. VII of the State Constitution, this
886 section, and other applicable law.
887 Section 19. Notwithstanding the required review by the
888 Legislative Budget Commission pursuant to s. 1003.03(4)(c),
889 Florida Statutes, the Legislature hereby adopts by reference the
890 alternate compliance calculation amounts to the class size
891 operating categorical as set forth in Budget Amendment EOG
892 #O2011-0074, as submitted on March 2, 2011, by the Governor on
893 behalf of the Department of Education for approval by the
894 Legislative Budget Commission. The Commissioner of Education
895 shall modify payments to school districts for the 2010-2011
896 fiscal year consistent with the amendment and s. 1003.03,
897 Florida Statutes. This section shall take effect upon this act
898 becoming a law.
899 Section 20. Except as otherwise expressly provided in this
900 act and except for this section, which shall take effect upon
901 this act becoming a law, this act shall take effect July 1,
902 2011.