Florida Senate - 2012                                    SB 1972
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03452-12                                          20121972__
    1                        A bill to be entitled                      
    2         An act relating to kindergarten through grade 12
    3         education funding; amending s. 1001.42, F.S.;
    4         requiring that any contract or employment agreement,
    5         or renewal or renegotiation of an existing contract or
    6         employment agreement, entered into by a school
    7         district with an officer, agent, employee, or
    8         contractor which contains a provision for severance
    9         pay include provisions in s. 215.425, F.S., relating
   10         to limitations on extra compensation, bonuses, and
   11         severance pay; requiring that each district school
   12         board enter into an interlocal agreement for the
   13         purpose of establishing the School District
   14         Consortium; amending s. 1001.50, F.S.; requiring that
   15         any employment contract entered into by a district
   16         school board with a district school superintendent
   17         which contains a provision for severance pay include
   18         provisions in s. 215.425, F.S.; amending s. 1002.33,
   19         F.S.; revising provisions relating to the calculation
   20         of the total administrative fee for providing
   21         administrative and educational services to charter
   22         schools; amending s. 1003.03, F.S.; extending dates
   23         relating to calculations for the class size maximum;
   24         amending s. 1003.52, F.S.; providing for the funding
   25         of juvenile justice education programs; amending s.
   26         1006.40, F.S.; authorizing the Commissioner of
   27         Education to waive a requirement relating to the
   28         purchase of current instructional materials for school
   29         districts under certain circumstances; amending s.
   30         1011.61, F.S.; revising the definition of the term
   31         “full-time equivalent student” for full-time students
   32         enrolled in a combination of certain programs;
   33         revising provisions relating to the funding of
   34         students in kindergarten through grade 12 or
   35         exceptional children in a prekindergarten program to
   36         conform to changes made by the act; amending s.
   37         1011.62, F.S.; requiring that each school district
   38         having low-performing elementary schools use funds
   39         from the supplemental academic instruction categorical
   40         fund, along with the school district’s research-based
   41         reading instruction allocation, to provide an
   42         additional hour of instruction per day for intensive
   43         reading instruction; requiring that the Department of
   44         Education monitor and track the implementation of each
   45         school district’s comprehensive reading plan and
   46         report its findings to the Legislature by a specified
   47         date each year; revising provisions relating to the
   48         total allocation of state funds to each district for
   49         current operations; amending s. 1011.71, F.S.;
   50         deleting an obsolete fiscal year reference; amending
   51         s. 1013.03, F.S.; authorizing the Commissioner of
   52         Education to grant waivers to district school boards
   53         from certain requirements relating to the validation
   54         of surveys and inventory data under certain
   55         circumstances; amending s. 1013.35, F.S.; requiring
   56         that each district school board have a financial
   57         management and performance audit conducted of the
   58         district’s educational planning and construction
   59         activities; requiring that the calculation required in
   60         s. 1003.03(4)(a)4., F.S., be an amount equal to 50
   61         percent of the base student allocation adjusted by the
   62         district cost differential for a specified fiscal
   63         year; specifying the formula to be used for the 2011
   64         2012 fiscal year in calculating the alternate
   65         compliance calculation amounts to the class size
   66         operating categorical fund, notwithstanding certain
   67         other provisions of law; requiring that the
   68         Commissioner of Education modify payments to school
   69         districts; providing effective dates.
   70  
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Subsections (24) and (25) of section 1001.42,
   74  Florida Statutes, are amended, and a new subsection (25) is
   75  added to that section, to read:
   76         1001.42 Powers and duties of district school board.—The
   77  district school board, acting as a board, shall exercise all
   78  powers and perform all duties listed below:
   79         (24) EMPLOYMENT CONTRACTS.—If a school district enters into
   80  a contract or employment agreement, or renewal or renegotiation
   81  of an existing contract or employment agreement, with an
   82  officer, agent, employee, or contractor which contains a
   83  provision for severance pay, the contract or employment
   84  agreement must include the provisions of s. 215.425. A district
   85  school board may not enter into an employment contract that
   86  requires the district to pay from state funds an employee an
   87  amount in excess of 1 year of the employee’s annual salary for
   88  termination, buyout, or any other type of contract settlement.
   89  This subsection does not prohibit the payment of earned leave
   90  and benefits in accordance with the district’s leave and
   91  benefits policies which were accrued by the employee before the
   92  contract terminates.
   93         (25) INTERLOCAL AGREEMENTS.—Each district school board
   94  shall enter into an interlocal agreement as provided in s.
   95  163.01 for the purpose of establishing the School District
   96  Consortium and maximizing the purchasing power for goods and
   97  services. A consortium may be statewide or regional, as
   98  appropriate to achieve the lowest cost.
   99         (26)(25) ADOPT RULES.—Adopt rules pursuant to ss.
  100  120.536(1) and 120.54 to implement this section.
  101         Section 2. Subsection (2) of section 1001.50, Florida
  102  Statutes, is amended to read:
  103         1001.50 Superintendents employed under Art. IX of the State
  104  Constitution.—
  105         (2) Each The district school board of each of such
  106  districts shall enter into an employment contract contracts of
  107  employment with the district school superintendent and shall
  108  adopt rules relating to his or her appointment; however, if the
  109  employment contract contains a provision for severance pay, it
  110  must include the provisions required by s. 215.425. the district
  111  school board may not enter into an employment contract that
  112  requires the district to pay from state funds a superintendent
  113  an amount in excess of 1 year of the superintendent’s annual
  114  salary for termination, buyout, or any other type of contract
  115  settlement. This subsection does not prohibit the payment of
  116  earned leave and benefits in accordance with the district’s
  117  leave and benefits policies which were accrued by the
  118  superintendent before the contract terminates.
  119         Section 3. Paragraph (a) of subsection (20) of section
  120  1002.33, Florida Statutes, is amended to read:
  121         1002.33 Charter schools.—
  122         (20) SERVICES.—
  123         (a)1. A sponsor shall provide certain administrative and
  124  educational services to charter schools. These services shall
  125  include contract management services; full-time equivalent and
  126  data reporting services; exceptional student education
  127  administration services; services related to eligibility and
  128  reporting duties required to ensure that school lunch services
  129  under the federal lunch program, consistent with the needs of
  130  the charter school, are provided by the school district at the
  131  request of the charter school, that any funds due to the charter
  132  school under the federal lunch program be paid to the charter
  133  school as soon as the charter school begins serving food under
  134  the federal lunch program, and that the charter school is paid
  135  at the same time and in the same manner under the federal lunch
  136  program as other public schools serviced by the sponsor or the
  137  school district; test administration services, including payment
  138  of the costs of state-required or district-required student
  139  assessments; processing of teacher certificate data services;
  140  and information services, including equal access to student
  141  information systems that are used by public schools in the
  142  district in which the charter school is located. Student
  143  performance data for each student in a charter school,
  144  including, but not limited to, FCAT scores, standardized test
  145  scores, previous public school student report cards, and student
  146  performance measures, shall be provided by the sponsor to a
  147  charter school in the same manner provided to other public
  148  schools in the district.
  149         2. A total administrative fee for the provision of such
  150  services shall be calculated based upon up to 5 percent of the
  151  available funds defined in paragraph (17)(b) for all students,
  152  except that when 75 percent or more of the students enrolled in
  153  the charter school are exceptional students as defined in s.
  154  1003.01(3), the 5 percent of those available funds shall be
  155  calculated based on unweighted full-time equivalent students.
  156  However, a sponsor may only withhold up to a 5-percent
  157  administrative fee for enrollment for up to and including 250
  158  students. For charter schools with a population of 251 or more
  159  students, the difference between the total administrative fee
  160  calculation and the amount of the administrative fee withheld
  161  may only be used for capital outlay purposes specified in s.
  162  1013.62(2).
  163         3. For high-performing charter schools, as defined in ch.
  164  2011-232, a sponsor may withhold a total administrative fee of
  165  up to 2 percent for enrollment up to and including 250 students
  166  per school.
  167         4. In addition, a sponsor may withhold only up to a 5
  168  percent administrative fee for enrollment for up to and
  169  including 500 students within a system of charter schools which
  170  meets all of the following:
  171         a. Includes both conversion charter schools and
  172  nonconversion charter schools;
  173         b. Has all schools located in the same county;
  174         c. Has a total enrollment exceeding the total enrollment of
  175  at least one school district in the state;
  176         d. Has the same governing board; and
  177         e. Does not contract with a for-profit service provider for
  178  management of school operations.
  179         5. The difference between the total administrative fee
  180  calculation and the amount of the administrative fee withheld
  181  pursuant to subparagraph 4. may be used for instructional and
  182  administrative purposes as well as for capital outlay purposes
  183  specified in s. 1013.62(2).
  184         6. For a high-performing charter school system that also
  185  meets the requirements in subparagraph 4., a sponsor may
  186  withhold a 2-percent administrative fee for enrollments up to
  187  and including 500 students per system.
  188         7. Sponsors shall not charge charter schools any additional
  189  fees or surcharges for administrative and educational services
  190  in addition to the maximum 5-percent administrative fee withheld
  191  pursuant to this paragraph.
  192         8. The sponsor of a virtual charter school may withhold a
  193  fee of up to 5 percent. The funds shall be used to cover the
  194  cost of services provided under subparagraph 1. and for the
  195  school district’s local instructional improvement system
  196  pursuant to s. 1006.281 or other technological tools that are
  197  required to access electronic and digital instructional
  198  materials.
  199         Section 4. Paragraph (a) of subsection (4) of section
  200  1003.03, Florida Statutes, is amended to read:
  201         1003.03 Maximum class size.—
  202         (4) ACCOUNTABILITY.—
  203         (a) If the department determines that the number of
  204  students assigned to any individual class exceeds the class size
  205  maximum, as required in subsection (1), based upon the October
  206  student membership survey, the department shall:
  207         1. Identify, for each grade group, the number of classes in
  208  which the number of students exceeds the maximum and the total
  209  number of students which exceeds the maximum for all classes.
  210         2. Determine the number of FTE students which exceeds the
  211  maximum for each grade group.
  212         3. Multiply the total number of FTE students which exceeds
  213  the maximum for each grade group by the district’s FTE dollar
  214  amount of the class size categorical allocation for that year
  215  and calculate the total for all three grade groups.
  216         4. Multiply the total number of FTE students which exceeds
  217  the maximum for all classes by an amount equal to 50 percent of
  218  the base student allocation adjusted by the district cost
  219  differential for the 2010-2011 fiscal year through the 2013-2014
  220  fiscal year and by an amount equal to the base student
  221  allocation adjusted by the district cost differential beginning
  222  in the 2014-2015 2011-2012 fiscal year and thereafter.
  223         5. Reduce the district’s class size categorical allocation
  224  by an amount equal to the sum of the calculations in
  225  subparagraphs 3. and 4.
  226         Section 5. Subsection (12) of section 1003.52, Florida
  227  Statutes, is amended to read:
  228         1003.52 Educational services in Department of Juvenile
  229  Justice programs.—
  230         (12)(a)Funding for eligible students enrolled in juvenile
  231  justice education programs shall be provided through the Florida
  232  Education Finance Program as provided in s. 1011.62 and the
  233  General Appropriations Act. Funding shall include, at a minimum:
  234         1. Weighted program funding or the basic amount for current
  235  operation multiplied by the district cost differential as
  236  provided in s. 1011.62(1)(r) and (2);
  237         2. The supplemental allocation for juvenile justice
  238  education as provided in s. 1011.62(10);
  239         3. A proportionate share of the district’s exceptional
  240  student education guaranteed allocation, the supplemental
  241  academic instruction allocation, and the instructional materials
  242  allocation;
  243         4. An amount equivalent to the proportionate share of the
  244  state average potential discretionary local effort for
  245  operations, which shall be determined as follows:
  246         a. If the district levies the maximum discretionary local
  247  effort and the district’s discretionary local effort per FTE is
  248  less than the state average potential discretionary local effort
  249  per FTE, the proportionate share shall include both the
  250  discretionary local effort and the compression supplement per
  251  FTE. If the district’s discretionary local effort per FTE is
  252  greater than the state average per FTE, the proportionate share
  253  shall be equal to the state average; or
  254         b. If the district does not levy the maximum discretionary
  255  local effort and the district’s actual discretionary local
  256  effort per FTE is less than the state average potential
  257  discretionary local effort per FTE, the proportionate share
  258  shall be equal to the district’s actual discretionary local
  259  effort per FTE. If the district’s actual discretionary local
  260  effort per FTE is greater than the state average per FTE, the
  261  proportionate share shall be equal to the state average
  262  potential local effort per FTE; and
  263         5. A proportionate share of the district’s proration to
  264  funds available, if necessary. The district school board shall
  265  fund the educational program in a Department of Juvenile Justice
  266  facility at the same or higher level of funding for equivalent
  267  students in the district school system based on the funds
  268  generated by state funding through the Florida Education Finance
  269  Program for such students. It is the intent of the Legislature
  270  that the school district maximize its available local, state,
  271  and federal funding to a juvenile justice program.
  272         (a) Juvenile justice educational programs shall be funded
  273  in the appropriate FEFP program based on the educational
  274  services needed by the student for Department of Juvenile
  275  Justice programs in accordance with s. 1011.62.
  276         (b) Juvenile justice educational programs to receive the
  277  appropriate FEFP funding for Department of Juvenile Justice
  278  programs shall include those operated through a contract with
  279  the Department of Juvenile Justice and which are under purview
  280  of the Department of Juvenile Justice quality assurance
  281  standards for education.
  282         (c) Consistent with the rules of the State Board of
  283  Education, district school boards are required to request an
  284  alternative FTE survey for Department of Juvenile Justice
  285  programs experiencing fluctuations in student enrollment.
  286         (d) FTE count periods shall be prescribed in rules of the
  287  State Board of Education and shall be the same for programs of
  288  the Department of Juvenile Justice as for other public school
  289  programs. The summer school period for students in Department of
  290  Juvenile Justice programs shall begin on the day immediately
  291  following the end of the regular school year and end on the day
  292  immediately preceding the subsequent regular school year.
  293  Students shall be funded for no more than 25 hours per week of
  294  direct instruction.
  295         (e) Each juvenile justice education program must receive
  296  all federal funds for which the program is eligible.
  297         Section 6. Subsection (2) of section 1006.40, Florida
  298  Statutes, is amended to read:
  299         1006.40 Use of instructional materials allocation;
  300  instructional materials, library books, and reference books;
  301  repair of books.—
  302         (2) Each district school board must purchase current
  303  instructional materials to provide each student with a major
  304  tool of instruction in core courses of the subject areas of
  305  mathematics, language arts, science, social studies, reading,
  306  and literature for kindergarten through grade 12. Such purchase
  307  must be made within the first 2 years after the effective date
  308  of the adoption cycle; however, upon request of a school
  309  district, the Commissioner of Education may provide a waiver of
  310  the 2-year requirement if the school district demonstrates that
  311  the content of the instructional materials is provided by
  312  alternative means.
  313         Section 7. Paragraph (c) of subsection (1) and subsection
  314  (4) of section 1011.61, Florida Statutes, are amended to read:
  315         1011.61 Definitions.—Notwithstanding the provisions of s.
  316  1000.21, the following terms are defined as follows for the
  317  purposes of the Florida Education Finance Program:
  318         (1) A “full-time equivalent student” in each program of the
  319  district is defined in terms of full-time students and part-time
  320  students as follows:
  321         (c)1. A “full-time equivalent student” is:
  322         a. A full-time student in any one of the programs listed in
  323  s. 1011.62(1)(c); or
  324         b. A combination of full-time or part-time students in any
  325  one of the programs listed in s. 1011.62(1)(c) which is the
  326  equivalent of one full-time student based on the following
  327  calculations:
  328         (I) A full-time student in a combination of programs listed
  329  in s. 1011.62(1)(c) shall be a fraction of a full-time
  330  equivalent membership in each special program equal to the
  331  number of net hours per school year for which he or she is a
  332  member, divided by the appropriate number of hours set forth in
  333  subparagraph (a)1. or subparagraph (a)2. The sum of the
  334  fractions for each program may not exceed the maximum value set
  335  forth in subsection (4). The difference between that fraction or
  336  sum of fractions and the maximum value as set forth in
  337  subsection (4) for each full-time student is presumed to be the
  338  balance of the student’s time not spent in such special
  339  education programs and shall be recorded as time in the
  340  appropriate basic program.
  341         (II) A prekindergarten handicapped student shall meet the
  342  requirements specified for kindergarten students.
  343         (III) A full-time equivalent student for students in
  344  kindergarten through grade 5 in a virtual instruction program
  345  under s. 1002.45 or a virtual charter school under s. 1002.33
  346  shall consist of a student who has successfully completed a
  347  basic program listed in s. 1011.62(1)(c)1.a. or b., and who is
  348  promoted to a higher grade level.
  349         (IV) A full-time equivalent student for students in grades
  350  6 through 12 in a virtual instruction program under s.
  351  1002.45(1)(b)1., 2., or 3. or a virtual charter school under s.
  352  1002.33 shall consist of six full credit completions in programs
  353  listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit completions
  354  may be a combination of full-credit courses or half-credit
  355  courses. Beginning in the 2014-2015 fiscal year, when s.
  356  1008.22(3)(g) is implemented, the reported full-time equivalent
  357  students and associated funding of students enrolled in courses
  358  requiring passage of an end-of-course assessment shall be
  359  adjusted after the student completes the end-of-course
  360  assessment.
  361         (V) A Florida Virtual School full-time equivalent student
  362  shall consist of six full credit completions or the prescribed
  363  level of content that counts toward promotion to the next grade
  364  in the programs listed in s. 1011.62(1)(c)1.a. and b. for
  365  kindergarten through grade 8 and the programs listed in s.
  366  1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
  367  may be a combination of full-credit courses or half-credit
  368  courses. Beginning in the 2014-2015 fiscal year, when s.
  369  1008.22(3)(g) is implemented, the reported full-time equivalent
  370  students and associated funding of students enrolled in courses
  371  requiring passage of an end-of-course assessment shall be
  372  adjusted after the student completes the end-of-course
  373  assessment.
  374         (VI) Each successfully completed full-credit course earned
  375  through an online course delivered by a district other than the
  376  one in which the student resides shall be calculated as 1/6 FTE.
  377         (VII) Each successfully completed credit earned under the
  378  alternative high school course credit requirements authorized in
  379  s. 1002.375, which is not reported as a portion of the 900 net
  380  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  381  calculated as 1/6 FTE.
  382         2. A student in membership in a program scheduled for more
  383  or less than 180 school days or the equivalent on an hourly
  384  basis as specified by rules of the State Board of Education is a
  385  fraction of a full-time equivalent membership equal to the
  386  number of instructional hours in membership divided by the
  387  appropriate number of hours set forth in subparagraph (a)1.;
  388  however, for the purposes of this subparagraph, membership in
  389  programs scheduled for more than 180 days is limited to students
  390  enrolled in juvenile justice education programs and the Florida
  391  Virtual School.
  392  
  393  The department shall determine and implement an equitable method
  394  of equivalent funding for experimental schools and for schools
  395  operating under emergency conditions, which schools have been
  396  approved by the department to operate for less than the minimum
  397  school day.
  398         (4) The maximum value for funding a student in kindergarten
  399  through grade 12 or in a prekindergarten program for exceptional
  400  children as provided in s. 1003.21(1)(e), except for a student
  401  as set forth in sub-sub-subparagraph (1)(c)1.b.(I), is one full
  402  time equivalent student membership for a school year or
  403  equivalent.
  404         Section 8. Paragraph (f) of subsection (1), paragraph (b)
  405  of subsection (6), subsection (9), and paragraph (b) of
  406  subsection (13) of section 1011.62, Florida Statutes, are
  407  amended to read:
  408         1011.62 Funds for operation of schools.—If the annual
  409  allocation from the Florida Education Finance Program to each
  410  district for operation of schools is not determined in the
  411  annual appropriations act or the substantive bill implementing
  412  the annual appropriations act, it shall be determined as
  413  follows:
  414         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  415  OPERATION.—The following procedure shall be followed in
  416  determining the annual allocation to each district for
  417  operation:
  418         (f) Supplemental academic instruction; categorical fund.—
  419         1. There is created a categorical fund to provide
  420  supplemental academic instruction to students in kindergarten
  421  through grade 12. This paragraph may be cited as the
  422  “Supplemental Academic Instruction Categorical Fund.”
  423         2. Categorical funds for supplemental academic instruction
  424  shall be allocated annually to each school district in the
  425  amount provided in the General Appropriations Act. These funds
  426  shall be in addition to the funds appropriated on the basis of
  427  FTE student membership in the Florida Education Finance Program
  428  and shall be included in the total potential funds of each
  429  district. These funds shall be used to provide supplemental
  430  academic instruction to students enrolled in the K-12 program.
  431  For the 2012-2013 and 2013-2014 fiscal years, each school
  432  district that has elementary schools designated as having a
  433  grade of “D” or “F” or elementary schools that are on the
  434  Persistently Low Achieving list shall use these funds, together
  435  with the funds provided in the school district’s research-based
  436  reading instruction allocation and other available funds, to
  437  provide an additional hour of instruction beyond the normal
  438  school day for each day of the entire school year for the
  439  purpose of providing intensive reading instruction for the
  440  students in such elementary schools. After this requirement has
  441  been met, supplemental instruction strategies may include, but
  442  are not limited to: modified curriculum, reading instruction,
  443  after-school instruction, tutoring, mentoring, class size
  444  reduction, extended school year, intensive skills development in
  445  summer school, and other methods for improving student
  446  achievement. Supplemental instruction may be provided to a
  447  student in any manner and at any time during or beyond the
  448  regular 180-day term identified by the school as being the most
  449  effective and efficient way to best help that student progress
  450  from grade to grade and to graduate.
  451         3. Effective with the 1999-2000 fiscal year, funding on the
  452  basis of FTE membership beyond the 180-day regular term shall be
  453  provided in the FEFP only for students enrolled in juvenile
  454  justice education programs or in education programs for
  455  juveniles placed in secure facilities or programs under s.
  456  985.19. Funding for instruction beyond the regular 180-day
  457  school year for all other K-12 students shall be provided
  458  through the supplemental academic instruction categorical fund
  459  and other state, federal, and local fund sources with ample
  460  flexibility for schools to provide supplemental instruction to
  461  assist students in progressing from grade to grade and
  462  graduating.
  463         4. The Florida State University School, as a lab school, is
  464  authorized to expend from its FEFP or Lottery Enhancement Trust
  465  Fund allocation the cost to the student of remediation in
  466  reading, writing, or mathematics for any graduate who requires
  467  remediation at a postsecondary educational institution.
  468         5. Beginning in the 1999-2000 school year, dropout
  469  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  470  (b), and (c), and 1003.54 shall be included in group 1 programs
  471  under subparagraph (d)3.
  472         (6) CATEGORICAL FUNDS.—
  473         (b) If a district school board finds and declares in a
  474  resolution adopted at a regular meeting of the school board that
  475  the funds received for any of the following categorical
  476  appropriations are urgently needed to maintain school board
  477  specified academic classroom instruction, the school board may
  478  consider and approve an amendment to the school district
  479  operating budget transferring the identified amount of the
  480  categorical funds to the appropriate account for expenditure:
  481         1. Funds for student transportation.
  482         2. Funds for safe schools.
  483         3. Funds for supplemental academic instruction if the
  484  required additional hour of instruction beyond the normal school
  485  day for each day of the entire school year has been provided for
  486  elementary schools designated as having a grade of “D” or “F” or
  487  elementary schools that are on the Persistently Low Achieving
  488  list pursuant to paragraph (1)(f).
  489         4. Funds for research-based reading instruction if the
  490  required additional hour of instruction beyond the normal school
  491  day for each day of the entire school year has been provided for
  492  the lowest-performing students pursuant to paragraph (9)(a).
  493         5. Funds for instructional materials if all instructional
  494  material purchases necessary to provide updated materials
  495  aligned to Next Generation Sunshine State Standards and
  496  benchmarks and that meet statutory requirements of content and
  497  learning have been completed for that fiscal year, but no sooner
  498  than March 1. Funds available after March 1 may be used to
  499  purchase hardware for student instruction.
  500         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
  501         (a) The research-based reading instruction allocation is
  502  created to provide comprehensive reading instruction to students
  503  in kindergarten through grade 12. For the 2012-2013 and 2013
  504  2014 fiscal years, priority shall be given to providing an
  505  additional hour per day of intensive reading instruction beyond
  506  the normal school day for each day of the entire school year to
  507  each school district’s lowest-performing students. The intensive
  508  reading instruction delivered in this additional hour shall
  509  include: research-based reading instruction that has been proven
  510  to accelerate progress of students exhibiting a reading
  511  deficiency; differentiated instruction based on student
  512  assessment data to meet students’ specific reading needs;
  513  explicit and systematic reading development in phonemic
  514  awareness, phonics, fluency, vocabulary, and comprehension, with
  515  more extensive opportunities for guided practice, error
  516  correction, and feedback; and the integration of social studies,
  517  science, and mathematics-text reading, text discussion, and
  518  writing in response to reading. For the 2012-2013 and 2013-2014
  519  fiscal years, a school district may not hire more reading
  520  coaches than were hired during the 2011-2012 fiscal year unless
  521  all students in kindergarten through grade 5 who demonstrate a
  522  reading deficiency, as determined by district and state
  523  assessments, including students scoring Level 1 or Level 2 on
  524  FCAT Reading, are provided an additional hour per day of
  525  intensive reading instruction beyond the normal school day for
  526  each day of the entire school year.
  527         (b) Funds for comprehensive, research-based reading
  528  instruction shall be allocated annually to each school district
  529  in the amount provided in the General Appropriations Act. Each
  530  eligible school district shall receive the same minimum amount
  531  as specified in the General Appropriations Act, and any
  532  remaining funds shall be distributed to eligible school
  533  districts based on each school district’s proportionate share of
  534  K-12 base funding.
  535         (c) Funds allocated under this subsection must be used to
  536  provide a system of comprehensive reading instruction to
  537  students enrolled in the K-12 programs, which may include the
  538  following:
  539         1.The provision of effective or highly effective reading
  540  teachers to provide an additional hour per day of intensive
  541  reading instruction to the lowest-performing elementary school
  542  students.
  543         2. Kindergarten through grade 5 reading intervention
  544  teachers to provide intensive intervention during the school day
  545  and in the required extra hour for students identified as having
  546  a reading deficiency.
  547         3.1. The provision of highly qualified reading coaches to
  548  specifically support teachers in making instructional decisions
  549  based on student data, and improve teacher delivery of effective
  550  reading instruction, intervention, and reading in the content
  551  areas based on student need.
  552         4.2. Professional development for school district teachers
  553  in scientifically based reading instruction, including
  554  strategies to teach reading in content areas and with an
  555  emphasis on technical and informational text.
  556         5.3. The provision of summer reading camps for all students
  557  in kindergarten through grade 2 who demonstrate a reading
  558  deficiency as determined by district and state assessments, and
  559  students in grades 3 through 5 who score at Level 1 on FCAT
  560  Reading.
  561         6.4. The provision of supplemental instructional materials
  562  that are grounded in scientifically based reading research.
  563         7.5. The provision of intensive interventions for middle
  564  and high school students in kindergarten through grade 12 who
  565  have been identified as having a reading deficiency or who are
  566  reading below grade level as determined by the FCAT.
  567         (d) Annually, by a date determined by the Department of
  568  Education but before May 1, school districts shall submit a K-12
  569  comprehensive reading plan for the specific use of the research
  570  based reading instruction allocation in the format prescribed by
  571  the department for review and approval by the Just Read,
  572  Florida! Office created pursuant to s. 1001.215. The plan
  573  annually submitted by school districts shall be deemed approved
  574  unless the department rejects the plan on or before June 1. If a
  575  school district and the Just Read, Florida! Office cannot reach
  576  agreement on the contents of the plan, the school district may
  577  appeal to the State Board of Education for resolution. School
  578  districts shall be allowed reasonable flexibility in designing
  579  their plans and shall be encouraged to offer reading
  580  intervention remediation through innovative methods, including
  581  career academies. The plan format shall be developed with input
  582  from school district personnel, including teachers and
  583  principals, and shall allow courses in core, career, and
  584  alternative programs that deliver intensive reading remediation
  585  through integrated curricula, provided that the teacher is
  586  deemed highly qualified to teach reading or working toward that
  587  status. No later than July 1 annually, the department shall
  588  release the school district’s allocation of appropriated funds
  589  to those districts having approved plans. A school district that
  590  spends 100 percent of this allocation on its approved plan shall
  591  be deemed to have been in compliance with the plan. The
  592  department may withhold funds upon a determination that reading
  593  instruction allocation funds are not being used to implement the
  594  approved plan. The department shall monitor and track the
  595  implementation of each district plan, including conducting site
  596  visits and collecting specific data on expenditures and reading
  597  improvement results. By February 1 of each year, the department
  598  shall report its findings to the Legislature.
  599         (13) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
  600  CURRENT OPERATION.—The total annual state allocation to each
  601  district for current operation for the FEFP shall be distributed
  602  periodically in the manner prescribed in the General
  603  Appropriations Act.
  604         (b) The amount thus obtained shall be the net annual
  605  allocation to each school district. However, if it is determined
  606  that any school district received an underallocation or
  607  overallocation for any prior year because of an arithmetical
  608  error, assessment roll change required by final judicial
  609  decision, full-time equivalent student membership error, or any
  610  allocation error revealed in an audit report, the allocation to
  611  that district shall be appropriately adjusted. Beginning with
  612  audits for the 2001-2002 fiscal year, if the adjustment is the
  613  result of an audit finding in which group 2 FTE are reclassified
  614  to the basic program and the district weighted FTE are over the
  615  weighted enrollment ceiling for group 2 programs, the adjustment
  616  shall not result in a gain of state funds to the district.
  617  Beginning with the 2011-2012 fiscal year, if a special program
  618  cost factor is less than the basic program cost factor, an audit
  619  adjustment may not result in the reclassification of the special
  620  program FTE to the basic program FTE. If the Department of
  621  Education audit adjustment recommendation is based upon
  622  controverted findings of fact, the Commissioner of Education is
  623  authorized to establish the amount of the adjustment based on
  624  the best interests of the state.
  625         Section 9. Paragraph (e) of subsection (2) of section
  626  1011.71, Florida Statutes, is amended to read:
  627         1011.71 District school tax.—
  628         (2) In addition to the maximum millage levy as provided in
  629  subsection (1), each school board may levy not more than 1.5
  630  mills against the taxable value for school purposes for district
  631  schools, including charter schools at the discretion of the
  632  school board, to fund:
  633         (e) Payments for educational facilities and sites due under
  634  a lease-purchase agreement entered into by a district school
  635  board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
  636  exceeding, in the aggregate, an amount equal to three-fourths of
  637  the proceeds from the millage levied by a district school board
  638  pursuant to this subsection. For the 2009-2010 fiscal year, The
  639  three-fourths limit is waived for lease-purchase agreements
  640  entered into before June 30, 2009, by a district school board
  641  pursuant to this paragraph.
  642         Section 10. Paragraph (a) of subsection (10) of section
  643  1013.03, Florida Statutes, is amended to read:
  644         1013.03 Functions of the department and the Board of
  645  Governors.—The functions of the Department of Education as it
  646  pertains to educational facilities of school districts and
  647  Florida College System institutions and of the Board of
  648  Governors as it pertains to educational facilities of state
  649  universities shall include, but not be limited to, the
  650  following:
  651         (10)(a) Review and validate surveys proposed or amended by
  652  the boards and recommend to the Commissioner of Education, or
  653  the Chancellor of the State University System, as appropriate,
  654  for approval, surveys that meet the requirements of this
  655  chapter.
  656         1. The term “validate” as applied to surveys by school
  657  districts means to review inventory data as submitted to the
  658  department by district school boards; provide for review and
  659  inspection, where required, of student stations and aggregate
  660  square feet of inventory changed from satisfactory to
  661  unsatisfactory or changed from unsatisfactory to satisfactory;
  662  compare new school inventory to allocation limits provided by
  663  this chapter; review cost projections for conformity with cost
  664  limits set by s. 1013.64(6); compare total capital outlay full
  665  time equivalent enrollment projections in the survey with the
  666  department’s projections; review facilities lists to verify that
  667  student station and auxiliary facility space allocations do not
  668  exceed the limits provided by this chapter and related rules;
  669  review and confirm the application of uniform facility
  670  utilization factors, where provided by this chapter or related
  671  rules; utilize the documentation of programs offered per site,
  672  as submitted by the board, to analyze facility needs; confirm
  673  that need projections for career and adult educational programs
  674  comply with needs documented by the Department of Education; and
  675  confirm the assignment of full-time student stations to all
  676  space except auxiliary facilities, which, for purposes of
  677  exemption from student station assignment, include the
  678  following:
  679         a. Cafeterias.
  680         b. Multipurpose dining areas.
  681         c. Media centers.
  682         d. Auditoriums.
  683         e. Administration.
  684         f. Elementary, middle, and high school resource rooms, up
  685  to the number of such rooms recommended for the applicable
  686  occupant and space design capacity of the educational plant in
  687  the State Requirements for Educational Facilities, beyond which
  688  student stations must be assigned.
  689         g. Elementary school skills labs, up to the number of such
  690  rooms recommended for the applicable occupant and space design
  691  capacity of the educational plant in the State Requirements for
  692  Educational Facilities, beyond which student stations must be
  693  assigned.
  694         h. Elementary school art and music rooms.
  695  
  696  The Commissioner of Education may grant a waiver from the
  697  requirements of this subparagraph if a district school board
  698  determines that such waiver will make possible a substantial
  699  savings of funds or will be advantageous to the welfare of the
  700  educational system. The district school board shall present a
  701  full statement to the commissioner which sets forth the facts
  702  that warrant the waiver. If the commissioner denies a request
  703  for a waiver, the district school board may appeal such decision
  704  to the State Board of Education.
  705         2. The term “validate” as applied to surveys by Florida
  706  College System institutions and universities means to review and
  707  document the approval of each new site and official designation,
  708  where applicable; review the inventory database as submitted by
  709  each board to the department, including noncareer, and total
  710  capital outlay full-time equivalent enrollment projections per
  711  site and per college; provide for the review and inspection,
  712  where required, of student stations and aggregate square feet of
  713  space changed from satisfactory to unsatisfactory; utilize and
  714  review the documentation of programs offered per site submitted
  715  by the boards as accurate for analysis of space requirements and
  716  needs; confirm that needs projected for career and adult
  717  educational programs comply with needs documented by the
  718  Department of Education; compare new facility inventory to
  719  allocations limits as provided in this chapter; review cost
  720  projections for conformity with state averages or limits
  721  designated by this chapter; compare student enrollment
  722  projections in the survey to the department’s projections;
  723  review facilities lists to verify that area allocations and
  724  space factors for generating space needs do not exceed the
  725  limits as provided by this chapter and related rules; confirm
  726  the application of facility utilization factors as provided by
  727  this chapter and related rules; and review, as submitted,
  728  documentation of how survey recommendations will implement the
  729  detail of current campus master plans and integrate with local
  730  comprehensive plans and development regulations.
  731         Section 11. Paragraph (f) of subsection (2) of section
  732  1013.35, Florida Statutes, is amended to read:
  733         1013.35 School district educational facilities plan;
  734  definitions; preparation, adoption, and amendment; long-term
  735  work programs.—
  736         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
  737  FACILITIES PLAN.—
  738         (f) Commencing on October 1, 2002, and Not less than once
  739  every 5 years thereafter, the district school board shall have
  740  contract with a qualified, independent third party to conduct a
  741  financial management and performance audit conducted of the
  742  educational planning and construction activities of the
  743  district. An audit conducted by the Office of Program Policy
  744  Analysis and Government Accountability and the Auditor General
  745  pursuant to s. 1008.35 satisfies this requirement.
  746         Section 12. Notwithstanding the amendments made by this act
  747  to s. 1003.03(4)(a)4., Florida Statutes, for the 2011-2012
  748  fiscal year, the calculation required by that subparagraph shall
  749  be an amount equal to 50 percent of the base student allocation
  750  adjusted by the district cost differential. This section shall
  751  take effect upon this act becoming a law.
  752         Section 13. Notwithstanding the required review by the
  753  Legislative Budget Commission pursuant to s. 1003.03(4)(c),
  754  Florida Statutes, and s. 41 of chapter 2011-55, Laws of Florida,
  755  for the 2011-2012 fiscal year, the alternate compliance
  756  calculation amounts to the class size operating categorical fund
  757  authorized by s. 1003.03(4)(c), Florida Statutes, shall be the
  758  reduction calculation required by s. 1003.03(4), Florida
  759  Statutes. The Commissioner of Education shall modify payments to
  760  districts as required by s. 1003.03(4), Florida Statutes, for
  761  the 2011-2012 fiscal year. This section shall take effect upon
  762  this act becoming a law.
  763         Section 14. Except as otherwise expressly provided in this
  764  act and except for this section, which shall take effect upon
  765  this act becoming a law, this act shall take effect July 1,
  766  2012.