Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. HB 5101, 1st Eng.
       
       
       
       
       
       
                                Barcode 907770                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/R/2R          .                                
             03/09/2012 06:28 PM       .                                
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       Senator Simmons moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (24) and (25) of section 1001.42,
    6  Florida Statutes, are amended, and a new subsection (25) is
    7  added to that section, to read:
    8         1001.42 Powers and duties of district school board.—The
    9  district school board, acting as a board, shall exercise all
   10  powers and perform all duties listed below:
   11         (24) EMPLOYMENT CONTRACTS.—If a school district enters into
   12  a contract or employment agreement, or renewal or renegotiation
   13  of an existing contract or employment agreement, with an
   14  officer, agent, employee, or contractor which contains a
   15  provision for severance pay, the contract or employment
   16  agreement must include the provisions of s. 215.425. A district
   17  school board may not enter into an employment contract that
   18  requires the district to pay from state funds an employee an
   19  amount in excess of 1 year of the employee’s annual salary for
   20  termination, buyout, or any other type of contract settlement.
   21  This subsection does not prohibit the payment of earned leave
   22  and benefits in accordance with the district’s leave and
   23  benefits policies which were accrued by the employee before the
   24  contract terminates.
   25         (25) INTERLOCAL AGREEMENTS.—Each district school board
   26  shall enter into an interlocal agreement as provided in s.
   27  163.01 for the purpose of establishing the School District
   28  Consortium and maximizing the purchasing power for goods and
   29  services. A consortium may be statewide or regional, as
   30  appropriate to achieve the lowest cost.
   31         (26)(25) ADOPT RULES.—Adopt rules pursuant to ss.
   32  120.536(1) and 120.54 to implement this section.
   33         Section 2. Subsection (2) of section 1001.50, Florida
   34  Statutes, is amended to read:
   35         1001.50 Superintendents employed under Art. IX of the State
   36  Constitution.—
   37         (2) Each The district school board of each of such
   38  districts shall enter into an employment contract contracts of
   39  employment with the district school superintendent and shall
   40  adopt rules relating to his or her appointment; however, if the
   41  employment contract contains a provision for severance pay, it
   42  must include the provisions required by s. 215.425. the district
   43  school board may not enter into an employment contract that
   44  requires the district to pay from state funds a superintendent
   45  an amount in excess of 1 year of the superintendent’s annual
   46  salary for termination, buyout, or any other type of contract
   47  settlement. This subsection does not prohibit the payment of
   48  earned leave and benefits in accordance with the district’s
   49  leave and benefits policies which were accrued by the
   50  superintendent before the contract terminates.
   51         Section 3. Paragraph (a) of subsection (20) of section
   52  1002.33, Florida Statutes, is amended to read:
   53         1002.33 Charter schools.—
   54         (20) SERVICES.—
   55         (a)1. A sponsor shall provide certain administrative and
   56  educational services to charter schools. These services shall
   57  include contract management services; full-time equivalent and
   58  data reporting services; exceptional student education
   59  administration services; services related to eligibility and
   60  reporting duties required to ensure that school lunch services
   61  under the federal lunch program, consistent with the needs of
   62  the charter school, are provided by the school district at the
   63  request of the charter school, that any funds due to the charter
   64  school under the federal lunch program be paid to the charter
   65  school as soon as the charter school begins serving food under
   66  the federal lunch program, and that the charter school is paid
   67  at the same time and in the same manner under the federal lunch
   68  program as other public schools serviced by the sponsor or the
   69  school district; test administration services, including payment
   70  of the costs of state-required or district-required student
   71  assessments; processing of teacher certificate data services;
   72  and information services, including equal access to student
   73  information systems that are used by public schools in the
   74  district in which the charter school is located. Student
   75  performance data for each student in a charter school,
   76  including, but not limited to, FCAT scores, standardized test
   77  scores, previous public school student report cards, and student
   78  performance measures, shall be provided by the sponsor to a
   79  charter school in the same manner provided to other public
   80  schools in the district.
   81         2. A total administrative fee for the provision of such
   82  services shall be calculated based upon up to 5 percent of the
   83  available funds defined in paragraph (17)(b) for all students,
   84  except that when 75 percent or more of the students enrolled in
   85  the charter school are exceptional students as defined in s.
   86  1003.01(3), the 5 percent of those available funds shall be
   87  calculated based on unweighted full-time equivalent students.
   88  However, a sponsor may only withhold up to a 5-percent
   89  administrative fee for enrollment for up to and including 250
   90  students. For charter schools with a population of 251 or more
   91  students, the difference between the total administrative fee
   92  calculation and the amount of the administrative fee withheld
   93  may only be used for capital outlay purposes specified in s.
   94  1013.62(2).
   95         3. For high-performing charter schools, as defined in ch.
   96  2011-232, a sponsor may withhold a total administrative fee of
   97  up to 2 percent for enrollment up to and including 250 students
   98  per school.
   99         4. In addition, a sponsor may withhold only up to a 5
  100  percent administrative fee for enrollment for up to and
  101  including 500 students within a system of charter schools which
  102  meets all of the following:
  103         a. Includes both conversion charter schools and
  104  nonconversion charter schools;
  105         b. Has all schools located in the same county;
  106         c. Has a total enrollment exceeding the total enrollment of
  107  at least one school district in the state;
  108         d. Has the same governing board; and
  109         e. Does not contract with a for-profit service provider for
  110  management of school operations.
  111         5. The difference between the total administrative fee
  112  calculation and the amount of the administrative fee withheld
  113  pursuant to subparagraph 4. may be used for instructional and
  114  administrative purposes as well as for capital outlay purposes
  115  specified in s. 1013.62(2).
  116         6. For a high-performing charter school system that also
  117  meets the requirements in subparagraph 4., a sponsor may
  118  withhold a 2-percent administrative fee for enrollments up to
  119  and including 500 students per system.
  120         7. Sponsors shall not charge charter schools any additional
  121  fees or surcharges for administrative and educational services
  122  in addition to the maximum 5-percent administrative fee withheld
  123  pursuant to this paragraph.
  124         8. The sponsor of a virtual charter school may withhold a
  125  fee of up to 5 percent. The funds shall be used to cover the
  126  cost of services provided under subparagraph 1. and for the
  127  school district’s local instructional improvement system
  128  pursuant to s. 1006.281 or other technological tools that are
  129  required to access electronic and digital instructional
  130  materials.
  131         Section 4. Paragraph (a) of subsection (4) of section
  132  1003.03, Florida Statutes, is amended to read:
  133         1003.03 Maximum class size.—
  134         (4) ACCOUNTABILITY.—
  135         (a) If the department determines that the number of
  136  students assigned to any individual class exceeds the class size
  137  maximum, as required in subsection (1), based upon the October
  138  student membership survey, the department shall:
  139         1. Identify, for each grade group, the number of classes in
  140  which the number of students exceeds the maximum and the total
  141  number of students which exceeds the maximum for all classes.
  142         2. Determine the number of FTE students which exceeds the
  143  maximum for each grade group.
  144         3. Multiply the total number of FTE students which exceeds
  145  the maximum for each grade group by the district’s FTE dollar
  146  amount of the class size categorical allocation for that year
  147  and calculate the total for all three grade groups.
  148         4. Multiply the total number of FTE students which exceeds
  149  the maximum for all classes by an amount equal to 50 percent of
  150  the base student allocation adjusted by the district cost
  151  differential for the 2010-2011 fiscal year through the 2013-2014
  152  fiscal year and by an amount equal to the base student
  153  allocation adjusted by the district cost differential beginning
  154  in the 2014-2015 2011-2012 fiscal year and thereafter.
  155         5. Reduce the district’s class size categorical allocation
  156  by an amount equal to the sum of the calculations in
  157  subparagraphs 3. and 4.
  158         Section 5. Subsection (12) of section 1003.52, Florida
  159  Statutes, is amended to read:
  160         1003.52 Educational services in Department of Juvenile
  161  Justice programs.—
  162         (12)(a)Funding for eligible students enrolled in juvenile
  163  justice education programs shall be provided through the Florida
  164  Education Finance Program as provided in s. 1011.62 and the
  165  General Appropriations Act. Funding shall include, at a minimum:
  166         1. Weighted program funding or the basic amount for current
  167  operation multiplied by the district cost differential as
  168  provided in s. 1011.62(1)(r) and (2);
  169         2. The supplemental allocation for juvenile justice
  170  education as provided in s. 1011.62(10);
  171         3. A proportionate share of the district’s exceptional
  172  student education guaranteed allocation, the supplemental
  173  academic instruction allocation, and the instructional materials
  174  allocation;
  175         4. An amount equivalent to the proportionate share of the
  176  state average potential discretionary local effort for
  177  operations, which shall be determined as follows:
  178         a. If the district levies the maximum discretionary local
  179  effort and the district’s discretionary local effort per FTE is
  180  less than the state average potential discretionary local effort
  181  per FTE, the proportionate share shall include both the
  182  discretionary local effort and the compression supplement per
  183  FTE. If the district’s discretionary local effort per FTE is
  184  greater than the state average per FTE, the proportionate share
  185  shall be equal to the state average; or
  186         b. If the district does not levy the maximum discretionary
  187  local effort and the district’s actual discretionary local
  188  effort per FTE is less than the state average potential
  189  discretionary local effort per FTE, the proportionate share
  190  shall be equal to the district’s actual discretionary local
  191  effort per FTE. If the district’s actual discretionary local
  192  effort per FTE is greater than the state average per FTE, the
  193  proportionate share shall be equal to the state average
  194  potential local effort per FTE; and
  195         5. A proportionate share of the district’s proration to
  196  funds available, if necessary. The district school board shall
  197  fund the educational program in a Department of Juvenile Justice
  198  facility at the same or higher level of funding for equivalent
  199  students in the district school system based on the funds
  200  generated by state funding through the Florida Education Finance
  201  Program for such students. It is the intent of the Legislature
  202  that the school district maximize its available local, state,
  203  and federal funding to a juvenile justice program.
  204         (a) Juvenile justice educational programs shall be funded
  205  in the appropriate FEFP program based on the educational
  206  services needed by the student for Department of Juvenile
  207  Justice programs in accordance with s. 1011.62.
  208         (b) Juvenile justice educational programs to receive the
  209  appropriate FEFP funding for Department of Juvenile Justice
  210  programs shall include those operated through a contract with
  211  the Department of Juvenile Justice and which are under purview
  212  of the Department of Juvenile Justice quality assurance
  213  standards for education.
  214         (c) Consistent with the rules of the State Board of
  215  Education, district school boards are required to request an
  216  alternative FTE survey for Department of Juvenile Justice
  217  programs experiencing fluctuations in student enrollment.
  218         (d) FTE count periods shall be prescribed in rules of the
  219  State Board of Education and shall be the same for programs of
  220  the Department of Juvenile Justice as for other public school
  221  programs. The summer school period for students in Department of
  222  Juvenile Justice programs shall begin on the day immediately
  223  following the end of the regular school year and end on the day
  224  immediately preceding the subsequent regular school year.
  225  Students shall be funded for no more than 25 hours per week of
  226  direct instruction.
  227         (e) Each juvenile justice education program must receive
  228  all federal funds for which the program is eligible.
  229         Section 6. Subsection (2) of section 1006.40, Florida
  230  Statutes, is amended to read:
  231         1006.40 Use of instructional materials allocation;
  232  instructional materials, library books, and reference books;
  233  repair of books.—
  234         (2) Each district school board must purchase current
  235  instructional materials to provide each student with a major
  236  tool of instruction in core courses of the subject areas of
  237  mathematics, language arts, science, social studies, reading,
  238  and literature for kindergarten through grade 12. Such purchase
  239  must be made within the first 2 years after the effective date
  240  of the adoption cycle; however, upon request of a school
  241  district, the Commissioner of Education may provide a waiver of
  242  the 2-year requirement if the school district demonstrates that
  243  the content of the instructional materials is provided by
  244  alternative means.
  245         Section 7. Paragraph (c) of subsection (1) and subsection
  246  (4) of section 1011.61, Florida Statutes, are amended to read:
  247         1011.61 Definitions.—Notwithstanding the provisions of s.
  248  1000.21, the following terms are defined as follows for the
  249  purposes of the Florida Education Finance Program:
  250         (1) A “full-time equivalent student” in each program of the
  251  district is defined in terms of full-time students and part-time
  252  students as follows:
  253         (c)1. A “full-time equivalent student” is:
  254         a. A full-time student in any one of the programs listed in
  255  s. 1011.62(1)(c); or
  256         b. A combination of full-time or part-time students in any
  257  one of the programs listed in s. 1011.62(1)(c) which is the
  258  equivalent of one full-time student based on the following
  259  calculations:
  260         (I) A full-time student in a combination of programs listed
  261  in s. 1011.62(1)(c) shall be a fraction of a full-time
  262  equivalent membership in each special program equal to the
  263  number of net hours per school year for which he or she is a
  264  member, divided by the appropriate number of hours set forth in
  265  subparagraph (a)1. or subparagraph (a)2. The sum of the
  266  fractions for each program may not exceed the maximum value set
  267  forth in subsection (4). The difference between that fraction or
  268  sum of fractions and the maximum value as set forth in
  269  subsection (4) for each full-time student is presumed to be the
  270  balance of the student’s time not spent in such special
  271  education programs and shall be recorded as time in the
  272  appropriate basic program.
  273         (II) A prekindergarten handicapped student shall meet the
  274  requirements specified for kindergarten students.
  275         (III) A full-time equivalent student for students in
  276  kindergarten through grade 5 in a virtual instruction program
  277  under s. 1002.45 or a virtual charter school under s. 1002.33
  278  shall consist of a student who has successfully completed a
  279  basic program listed in s. 1011.62(1)(c)1.a. or b., and who is
  280  promoted to a higher grade level.
  281         (IV) A full-time equivalent student for students in grades
  282  6 through 12 in a virtual instruction program under s.
  283  1002.45(1)(b)1., 2., or 3. or a virtual charter school under s.
  284  1002.33 shall consist of six full credit completions in programs
  285  listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit completions
  286  may be a combination of full-credit courses or half-credit
  287  courses. Beginning in the 2014-2015 fiscal year, when s.
  288  1008.22(3)(g) is implemented, the reported full-time equivalent
  289  students and associated funding of students enrolled in courses
  290  requiring passage of an end-of-course assessment shall be
  291  adjusted after the student completes the end-of-course
  292  assessment.
  293         (V) A Florida Virtual School full-time equivalent student
  294  shall consist of six full credit completions or the prescribed
  295  level of content that counts toward promotion to the next grade
  296  in the programs listed in s. 1011.62(1)(c)1.a. and b. for
  297  kindergarten through grade 8 and the programs listed in s.
  298  1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
  299  may be a combination of full-credit courses or half-credit
  300  courses. Beginning in the 2014-2015 fiscal year, when s.
  301  1008.22(3)(g) is implemented, the reported full-time equivalent
  302  students and associated funding of students enrolled in courses
  303  requiring passage of an end-of-course assessment shall be
  304  adjusted after the student completes the end-of-course
  305  assessment.
  306         (VI) Each successfully completed full-credit course earned
  307  through an online course delivered by a district other than the
  308  one in which the student resides shall be calculated as 1/6 FTE.
  309         (VII) Each successfully completed credit earned under the
  310  alternative high school course credit requirements authorized in
  311  s. 1002.375, which is not reported as a portion of the 900 net
  312  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  313  calculated as 1/6 FTE.
  314         2. A student in membership in a program scheduled for more
  315  or less than 180 school days or the equivalent on an hourly
  316  basis as specified by rules of the State Board of Education is a
  317  fraction of a full-time equivalent membership equal to the
  318  number of instructional hours in membership divided by the
  319  appropriate number of hours set forth in subparagraph (a)1.;
  320  however, for the purposes of this subparagraph, membership in
  321  programs scheduled for more than 180 days is limited to students
  322  enrolled in juvenile justice education programs and the Florida
  323  Virtual School.
  324  
  325  The department shall determine and implement an equitable method
  326  of equivalent funding for experimental schools and for schools
  327  operating under emergency conditions, which schools have been
  328  approved by the department to operate for less than the minimum
  329  school day.
  330         (4) The maximum value for funding a student in kindergarten
  331  through grade 12 or in a prekindergarten program for exceptional
  332  children as provided in s. 1003.21(1)(e), except for a student
  333  as set forth in sub-sub-subparagraph (1)(c)1.b.(I), is one full
  334  time equivalent student membership for a school year or
  335  equivalent.
  336         Section 8. Paragraph (f) of subsection (1), paragraph (b)
  337  of subsection (6), subsection (9), and paragraph (b) of
  338  subsection (13) of section 1011.62, Florida Statutes, are
  339  amended to read:
  340         1011.62 Funds for operation of schools.—If the annual
  341  allocation from the Florida Education Finance Program to each
  342  district for operation of schools is not determined in the
  343  annual appropriations act or the substantive bill implementing
  344  the annual appropriations act, it shall be determined as
  345  follows:
  346         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  347  OPERATION.—The following procedure shall be followed in
  348  determining the annual allocation to each district for
  349  operation:
  350         (f) Supplemental academic instruction; categorical fund.—
  351         1. There is created a categorical fund to provide
  352  supplemental academic instruction to students in kindergarten
  353  through grade 12. This paragraph may be cited as the
  354  “Supplemental Academic Instruction Categorical Fund.”
  355         2. Categorical funds for supplemental academic instruction
  356  shall be allocated annually to each school district in the
  357  amount provided in the General Appropriations Act. These funds
  358  shall be in addition to the funds appropriated on the basis of
  359  FTE student membership in the Florida Education Finance Program
  360  and shall be included in the total potential funds of each
  361  district. These funds shall be used to provide supplemental
  362  academic instruction to students enrolled in the K-12 program.
  363  For the 2012-2013 and 2013-2014 fiscal years, each school
  364  district that has elementary schools designated as having a
  365  grade of “D” or “F” or elementary schools that are on the
  366  Persistently Low Achieving list shall use these funds, together
  367  with the funds provided in the school district’s research-based
  368  reading instruction allocation and other available funds, to
  369  provide an additional hour of instruction beyond the normal
  370  school day for each day of the entire school year for the
  371  purpose of providing intensive reading instruction for the
  372  students in such elementary schools. After this requirement has
  373  been met, supplemental instruction strategies may include, but
  374  are not limited to: modified curriculum, reading instruction,
  375  after-school instruction, tutoring, mentoring, class size
  376  reduction, extended school year, intensive skills development in
  377  summer school, and other methods for improving student
  378  achievement. Supplemental instruction may be provided to a
  379  student in any manner and at any time during or beyond the
  380  regular 180-day term identified by the school as being the most
  381  effective and efficient way to best help that student progress
  382  from grade to grade and to graduate.
  383         3. Effective with the 1999-2000 fiscal year, funding on the
  384  basis of FTE membership beyond the 180-day regular term shall be
  385  provided in the FEFP only for students enrolled in juvenile
  386  justice education programs or in education programs for
  387  juveniles placed in secure facilities or programs under s.
  388  985.19. Funding for instruction beyond the regular 180-day
  389  school year for all other K-12 students shall be provided
  390  through the supplemental academic instruction categorical fund
  391  and other state, federal, and local fund sources with ample
  392  flexibility for schools to provide supplemental instruction to
  393  assist students in progressing from grade to grade and
  394  graduating.
  395         4. The Florida State University School, as a lab school, is
  396  authorized to expend from its FEFP or Lottery Enhancement Trust
  397  Fund allocation the cost to the student of remediation in
  398  reading, writing, or mathematics for any graduate who requires
  399  remediation at a postsecondary educational institution.
  400         5. Beginning in the 1999-2000 school year, dropout
  401  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  402  (b), and (c), and 1003.54 shall be included in group 1 programs
  403  under subparagraph (d)3.
  404         (6) CATEGORICAL FUNDS.—
  405         (b) If a district school board finds and declares in a
  406  resolution adopted at a regular meeting of the school board that
  407  the funds received for any of the following categorical
  408  appropriations are urgently needed to maintain school board
  409  specified academic classroom instruction, the school board may
  410  consider and approve an amendment to the school district
  411  operating budget transferring the identified amount of the
  412  categorical funds to the appropriate account for expenditure:
  413         1. Funds for student transportation.
  414         2. Funds for safe schools.
  415         3. Funds for supplemental academic instruction if the
  416  required additional hour of instruction beyond the normal school
  417  day for each day of the entire school year has been provided for
  418  elementary schools designated as having a grade of “D” or “F” or
  419  elementary schools that are on the Persistently Low Achieving
  420  list pursuant to paragraph (1)(f).
  421         4. Funds for research-based reading instruction if the
  422  required additional hour of instruction beyond the normal school
  423  day for each day of the entire school year has been provided for
  424  the lowest-performing students pursuant to paragraph (9)(a).
  425         5. Funds for instructional materials if all instructional
  426  material purchases necessary to provide updated materials
  427  aligned to Next Generation Sunshine State Standards and
  428  benchmarks and that meet statutory requirements of content and
  429  learning have been completed for that fiscal year, but no sooner
  430  than March 1. Funds available after March 1 may be used to
  431  purchase hardware for student instruction.
  432         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
  433         (a) The research-based reading instruction allocation is
  434  created to provide comprehensive reading instruction to students
  435  in kindergarten through grade 12. For the 2012-2013 and 2013
  436  2014 fiscal years, priority shall be given to providing an
  437  additional hour per day of intensive reading instruction beyond
  438  the normal school day for each day of the entire school year to
  439  each school district’s lowest-performing students. The intensive
  440  reading instruction delivered in this additional hour shall
  441  include: research-based reading instruction that has been proven
  442  to accelerate progress of students exhibiting a reading
  443  deficiency; differentiated instruction based on student
  444  assessment data to meet students’ specific reading needs;
  445  explicit and systematic reading development in phonemic
  446  awareness, phonics, fluency, vocabulary, and comprehension, with
  447  more extensive opportunities for guided practice, error
  448  correction, and feedback; and the integration of social studies,
  449  science, and mathematics-text reading, text discussion, and
  450  writing in response to reading. For the 2012-2013 and 2013-2014
  451  fiscal years, a school district may not hire more reading
  452  coaches than were hired during the 2011-2012 fiscal year unless
  453  all students in kindergarten through grade 5 who demonstrate a
  454  reading deficiency, as determined by district and state
  455  assessments, including students scoring Level 1 or Level 2 on
  456  FCAT Reading, are provided an additional hour per day of
  457  intensive reading instruction beyond the normal school day for
  458  each day of the entire school year.
  459         (b) Funds for comprehensive, research-based reading
  460  instruction shall be allocated annually to each school district
  461  in the amount provided in the General Appropriations Act. Each
  462  eligible school district shall receive the same minimum amount
  463  as specified in the General Appropriations Act, and any
  464  remaining funds shall be distributed to eligible school
  465  districts based on each school district’s proportionate share of
  466  K-12 base funding.
  467         (c) Funds allocated under this subsection must be used to
  468  provide a system of comprehensive reading instruction to
  469  students enrolled in the K-12 programs, which may include the
  470  following:
  471         1.The provision of effective or highly effective reading
  472  teachers to provide an additional hour per day of intensive
  473  reading instruction to the lowest-performing elementary school
  474  students.
  475         2. Kindergarten through grade 5 reading intervention
  476  teachers to provide intensive intervention during the school day
  477  and in the required extra hour for students identified as having
  478  a reading deficiency.
  479         3.1. The provision of highly qualified reading coaches to
  480  specifically support teachers in making instructional decisions
  481  based on student data, and improve teacher delivery of effective
  482  reading instruction, intervention, and reading in the content
  483  areas based on student need.
  484         4.2. Professional development for school district teachers
  485  in scientifically based reading instruction, including
  486  strategies to teach reading in content areas and with an
  487  emphasis on technical and informational text.
  488         5.3. The provision of summer reading camps for all students
  489  in kindergarten through grade 2 who demonstrate a reading
  490  deficiency as determined by district and state assessments, and
  491  students in grades 3 through 5 who score at Level 1 on FCAT
  492  Reading.
  493         6.4. The provision of supplemental instructional materials
  494  that are grounded in scientifically based reading research.
  495         7.5. The provision of intensive interventions for middle
  496  and high school students in kindergarten through grade 12 who
  497  have been identified as having a reading deficiency or who are
  498  reading below grade level as determined by the FCAT.
  499         (d) Annually, by a date determined by the Department of
  500  Education but before May 1, school districts shall submit a K-12
  501  comprehensive reading plan for the specific use of the research
  502  based reading instruction allocation in the format prescribed by
  503  the department for review and approval by the Just Read,
  504  Florida! Office created pursuant to s. 1001.215. The plan
  505  annually submitted by school districts shall be deemed approved
  506  unless the department rejects the plan on or before June 1. If a
  507  school district and the Just Read, Florida! Office cannot reach
  508  agreement on the contents of the plan, the school district may
  509  appeal to the State Board of Education for resolution. School
  510  districts shall be allowed reasonable flexibility in designing
  511  their plans and shall be encouraged to offer reading
  512  intervention remediation through innovative methods, including
  513  career academies. The plan format shall be developed with input
  514  from school district personnel, including teachers and
  515  principals, and shall allow courses in core, career, and
  516  alternative programs that deliver intensive reading remediation
  517  through integrated curricula, provided that the teacher is
  518  deemed highly qualified to teach reading or working toward that
  519  status. No later than July 1 annually, the department shall
  520  release the school district’s allocation of appropriated funds
  521  to those districts having approved plans. A school district that
  522  spends 100 percent of this allocation on its approved plan shall
  523  be deemed to have been in compliance with the plan. The
  524  department may withhold funds upon a determination that reading
  525  instruction allocation funds are not being used to implement the
  526  approved plan. The department shall monitor and track the
  527  implementation of each district plan, including conducting site
  528  visits and collecting specific data on expenditures and reading
  529  improvement results. By February 1 of each year, the department
  530  shall report its findings to the Legislature.
  531         (13) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
  532  CURRENT OPERATION.—The total annual state allocation to each
  533  district for current operation for the FEFP shall be distributed
  534  periodically in the manner prescribed in the General
  535  Appropriations Act.
  536         (b) The amount thus obtained shall be the net annual
  537  allocation to each school district. However, if it is determined
  538  that any school district received an underallocation or
  539  overallocation for any prior year because of an arithmetical
  540  error, assessment roll change required by final judicial
  541  decision, full-time equivalent student membership error, or any
  542  allocation error revealed in an audit report, the allocation to
  543  that district shall be appropriately adjusted. Beginning with
  544  audits for the 2001-2002 fiscal year, if the adjustment is the
  545  result of an audit finding in which group 2 FTE are reclassified
  546  to the basic program and the district weighted FTE are over the
  547  weighted enrollment ceiling for group 2 programs, the adjustment
  548  shall not result in a gain of state funds to the district.
  549  Beginning with the 2011-2012 fiscal year, if a special program
  550  cost factor is less than the basic program cost factor, an audit
  551  adjustment may not result in the reclassification of the special
  552  program FTE to the basic program FTE. If the Department of
  553  Education audit adjustment recommendation is based upon
  554  controverted findings of fact, the Commissioner of Education is
  555  authorized to establish the amount of the adjustment based on
  556  the best interests of the state.
  557         Section 9. Paragraph (e) of subsection (2) of section
  558  1011.71, Florida Statutes, is amended to read:
  559         1011.71 District school tax.—
  560         (2) In addition to the maximum millage levy as provided in
  561  subsection (1), each school board may levy not more than 1.5
  562  mills against the taxable value for school purposes for district
  563  schools, including charter schools at the discretion of the
  564  school board, to fund:
  565         (e) Payments for educational facilities and sites due under
  566  a lease-purchase agreement entered into by a district school
  567  board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
  568  exceeding, in the aggregate, an amount equal to three-fourths of
  569  the proceeds from the millage levied by a district school board
  570  pursuant to this subsection. For the 2009-2010 fiscal year, The
  571  three-fourths limit is waived for lease-purchase agreements
  572  entered into before June 30, 2009, by a district school board
  573  pursuant to this paragraph.
  574         Section 10. Paragraph (a) of subsection (10) of section
  575  1013.03, Florida Statutes, is amended to read:
  576         1013.03 Functions of the department and the Board of
  577  Governors.—The functions of the Department of Education as it
  578  pertains to educational facilities of school districts and
  579  Florida College System institutions and of the Board of
  580  Governors as it pertains to educational facilities of state
  581  universities shall include, but not be limited to, the
  582  following:
  583         (10)(a) Review and validate surveys proposed or amended by
  584  the boards and recommend to the Commissioner of Education, or
  585  the Chancellor of the State University System, as appropriate,
  586  for approval, surveys that meet the requirements of this
  587  chapter.
  588         1. The term “validate” as applied to surveys by school
  589  districts means to review inventory data as submitted to the
  590  department by district school boards; provide for review and
  591  inspection, where required, of student stations and aggregate
  592  square feet of inventory changed from satisfactory to
  593  unsatisfactory or changed from unsatisfactory to satisfactory;
  594  compare new school inventory to allocation limits provided by
  595  this chapter; review cost projections for conformity with cost
  596  limits set by s. 1013.64(6); compare total capital outlay full
  597  time equivalent enrollment projections in the survey with the
  598  department’s projections; review facilities lists to verify that
  599  student station and auxiliary facility space allocations do not
  600  exceed the limits provided by this chapter and related rules;
  601  review and confirm the application of uniform facility
  602  utilization factors, where provided by this chapter or related
  603  rules; utilize the documentation of programs offered per site,
  604  as submitted by the board, to analyze facility needs; confirm
  605  that need projections for career and adult educational programs
  606  comply with needs documented by the Department of Education; and
  607  confirm the assignment of full-time student stations to all
  608  space except auxiliary facilities, which, for purposes of
  609  exemption from student station assignment, include the
  610  following:
  611         a. Cafeterias.
  612         b. Multipurpose dining areas.
  613         c. Media centers.
  614         d. Auditoriums.
  615         e. Administration.
  616         f. Elementary, middle, and high school resource rooms, up
  617  to the number of such rooms recommended for the applicable
  618  occupant and space design capacity of the educational plant in
  619  the State Requirements for Educational Facilities, beyond which
  620  student stations must be assigned.
  621         g. Elementary school skills labs, up to the number of such
  622  rooms recommended for the applicable occupant and space design
  623  capacity of the educational plant in the State Requirements for
  624  Educational Facilities, beyond which student stations must be
  625  assigned.
  626         h. Elementary school art and music rooms.
  627  
  628  The Commissioner of Education may grant a waiver from the
  629  requirements of this subparagraph if a district school board
  630  determines that such waiver will make possible a substantial
  631  savings of funds or will be advantageous to the welfare of the
  632  educational system. The district school board shall present a
  633  full statement to the commissioner which sets forth the facts
  634  that warrant the waiver. If the commissioner denies a request
  635  for a waiver, the district school board may appeal such decision
  636  to the State Board of Education.
  637         2. The term “validate” as applied to surveys by Florida
  638  College System institutions and universities means to review and
  639  document the approval of each new site and official designation,
  640  where applicable; review the inventory database as submitted by
  641  each board to the department, including noncareer, and total
  642  capital outlay full-time equivalent enrollment projections per
  643  site and per college; provide for the review and inspection,
  644  where required, of student stations and aggregate square feet of
  645  space changed from satisfactory to unsatisfactory; utilize and
  646  review the documentation of programs offered per site submitted
  647  by the boards as accurate for analysis of space requirements and
  648  needs; confirm that needs projected for career and adult
  649  educational programs comply with needs documented by the
  650  Department of Education; compare new facility inventory to
  651  allocations limits as provided in this chapter; review cost
  652  projections for conformity with state averages or limits
  653  designated by this chapter; compare student enrollment
  654  projections in the survey to the department’s projections;
  655  review facilities lists to verify that area allocations and
  656  space factors for generating space needs do not exceed the
  657  limits as provided by this chapter and related rules; confirm
  658  the application of facility utilization factors as provided by
  659  this chapter and related rules; and review, as submitted,
  660  documentation of how survey recommendations will implement the
  661  detail of current campus master plans and integrate with local
  662  comprehensive plans and development regulations.
  663         Section 11. Paragraph (f) of subsection (2) of section
  664  1013.35, Florida Statutes, is amended to read:
  665         1013.35 School district educational facilities plan;
  666  definitions; preparation, adoption, and amendment; long-term
  667  work programs.—
  668         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
  669  FACILITIES PLAN.—
  670         (f) Commencing on October 1, 2002, and Not less than once
  671  every 5 years thereafter, the district school board shall have
  672  contract with a qualified, independent third party to conduct a
  673  financial management and performance audit conducted of the
  674  educational planning and construction activities of the
  675  district. An audit conducted by the Office of Program Policy
  676  Analysis and Government Accountability and the Auditor General
  677  pursuant to s. 1008.35 satisfies this requirement.
  678         Section 12. Notwithstanding the amendments made by this act
  679  to s. 1003.03(4)(a)4., Florida Statutes, for the 2011-2012
  680  fiscal year, the calculation required by that subparagraph shall
  681  be an amount equal to 50 percent of the base student allocation
  682  adjusted by the district cost differential. This section shall
  683  take effect upon this act becoming a law.
  684         Section 13. Notwithstanding the required review by the
  685  Legislative Budget Commission pursuant to s. 1003.03(4)(c),
  686  Florida Statutes, and s. 41 of chapter 2011-55, Laws of Florida,
  687  for the 2011-2012 fiscal year, the alternate compliance
  688  calculation amounts to the class size operating categorical fund
  689  authorized by s. 1003.03(4)(c), Florida Statutes, shall be the
  690  reduction calculation required by s. 1003.03(4), Florida
  691  Statutes. The Commissioner of Education shall modify payments to
  692  districts as required by s. 1003.03(4), Florida Statutes, for
  693  the 2011-2012 fiscal year. This section shall take effect upon
  694  this act becoming a law.
  695         Section 14. Except as otherwise expressly provided in this
  696  act and except for this section, which shall take effect upon
  697  this act becoming a law, this act shall take effect July 1,
  698  2012.
  699  
  700  ================= T I T L E  A M E N D M E N T ================
  701         And the title is amended as follows:
  702         Delete everything before the enacting clause
  703  and insert:
  704                        A bill to be entitled                      
  705         An act relating to kindergarten through grade 12
  706         education funding; amending s. 1001.42, F.S.;
  707         requiring that any contract or employment agreement,
  708         or renewal or renegotiation of an existing contract or
  709         employment agreement, entered into by a school
  710         district with an officer, agent, employee, or
  711         contractor which contains a provision for severance
  712         pay include provisions in s. 215.425, F.S., relating
  713         to limitations on extra compensation, bonuses, and
  714         severance pay; requiring that each district school
  715         board enter into an interlocal agreement for the
  716         purpose of establishing the School District
  717         Consortium; amending s. 1001.50, F.S.; requiring that
  718         any employment contract entered into by a district
  719         school board with a district school superintendent
  720         which contains a provision for severance pay include
  721         provisions in s. 215.425, F.S.; amending s. 1002.33,
  722         F.S.; revising provisions relating to the calculation
  723         of the total administrative fee for providing
  724         administrative and educational services to charter
  725         schools; amending s. 1003.03, F.S.; extending dates
  726         relating to calculations for the class size maximum;
  727         amending s. 1003.52, F.S.; providing for the funding
  728         of juvenile justice education programs; amending s.
  729         1006.40, F.S.; authorizing the Commissioner of
  730         Education to waive a requirement relating to the
  731         purchase of current instructional materials for school
  732         districts under certain circumstances; amending s.
  733         1011.61, F.S.; revising the definition of the term
  734         “full-time equivalent student” for full-time students
  735         enrolled in a combination of certain programs;
  736         revising provisions relating to the funding of
  737         students in kindergarten through grade 12 or
  738         exceptional children in a prekindergarten program to
  739         conform to changes made by the act; amending s.
  740         1011.62, F.S.; requiring that each school district
  741         having low-performing elementary schools use funds
  742         from the supplemental academic instruction categorical
  743         fund, along with the school district’s research-based
  744         reading instruction allocation, to provide an
  745         additional hour of instruction per day for intensive
  746         reading instruction; requiring that the Department of
  747         Education monitor and track the implementation of each
  748         school district’s comprehensive reading plan and
  749         report its findings to the Legislature by a specified
  750         date each year; revising provisions relating to the
  751         total allocation of state funds to each district for
  752         current operations; amending s. 1011.71, F.S.;
  753         deleting an obsolete fiscal year reference; amending
  754         s. 1013.03, F.S.; authorizing the Commissioner of
  755         Education to grant waivers to district school boards
  756         from certain requirements relating to the validation
  757         of surveys and inventory data under certain
  758         circumstances; amending s. 1013.35, F.S.; requiring
  759         that each district school board have a financial
  760         management and performance audit conducted of the
  761         district’s educational planning and construction
  762         activities; requiring that the calculation required in
  763         s. 1003.03(4)(a)4., F.S., be an amount equal to 50
  764         percent of the base student allocation adjusted by the
  765         district cost differential for a specified fiscal
  766         year; specifying the formula to be used for the 2011
  767         2012 fiscal year in calculating the alternate
  768         compliance calculation amounts to the class size
  769         operating categorical fund, notwithstanding certain
  770         other provisions of law; requiring that the
  771         Commissioner of Education modify payments to school
  772         districts; providing effective dates.