Florida Senate - 2013                             CS for SB 1390
       By the Committee on Education; and Senator Montford
       581-03373-13                                          20131390c1
    1                        A bill to be entitled                      
    2         An act relating to school district innovation;
    3         providing a short title; amending s. 196.1983, F.S.;
    4         granting school districts the ad valorem tax exemption
    5         given to charter schools; requiring a landlord to
    6         certify compliance by affidavit; amending s. 1002.31,
    7         F.S.; providing a calculation for compliance with
    8         class size maximums for a public school of choice;
    9         creating s. 1003.622, F.S.; creating innovation
   10         schools to allow school districts to earn flexibility
   11         for high academic achievement; specifying school and
   12         student eligibility requirements; limiting the number
   13         of innovation schools that may be operated and
   14         established in a school district; providing guiding
   15         principles for innovation schools; requiring
   16         innovation schools to personalize education for each
   17         student; establishing an application process;
   18         specifying requirements of a performance contract
   19         between the State Board of Education and a school
   20         district; establishing the term of the performance
   21         contract; providing for a Region of Innovation in
   22         which three or more school districts enter into a
   23         joint performance contract; requiring the State Board
   24         of Education to monitor innovation schools for
   25         compliance with the act and performance contracts;
   26         requiring the State Board of Education to adopt rules;
   27         providing that a participating school district has
   28         autonomy in certain areas; exempting innovation
   29         schools from ch. 1000-1013, F.S., subject to certain
   30         exceptions; exempting such districts from certain ad
   31         valorem taxes and other requirements; providing for
   32         funding; requiring a school district with an
   33         innovation school to submit an annual report to the
   34         State Board of Education and the Legislature;
   35         specifying requirements for such report; providing an
   36         effective date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. SHORT TITLE.—This act may be cited as the
   41  “Florida Innovation Schools Act.”
   42         Section 2. Section 196.1983, Florida Statutes, is amended
   43  to read:
   44         196.1983 Charter school and school district exemption from
   45  ad valorem taxes.—Any facility, or portion thereof, used to
   46  house a school district or a charter school whose charter has
   47  been approved by the sponsor and the governing board pursuant to
   48  s. 1002.33(7) is shall be exempt from ad valorem taxes. For
   49  leasehold properties, the landlord must certify by affidavit to
   50  the district or the charter school sponsor that the lease
   51  payments shall be reduced to the extent of the exemption
   52  received. The owner of the property shall disclose to a charter
   53  school the full amount of the benefit derived from the exemption
   54  and the method for ensuring that the district or charter school
   55  receives such benefit. The charter school shall receive the full
   56  benefit derived from the exemption through either an annual or
   57  monthly credit to the district’s or charter school’s lease
   58  payments.
   59         Section 3. Subsection (9) is added to section 1002.31,
   60  Florida Statutes, to read:
   61         1002.31 Public school parental choice.—
   62         (9) For a school or program that is a public school of
   63  choice under this section, the calculation for compliance with
   64  maximum class size pursuant to s. 1003.03 is the average number
   65  of students at the school level.
   66         Section 4. Section 1003.622, Florida Statutes, is created
   67  to read:
   68         1003.622District innovation schools.—
   69         (1) PURPOSE AND ELIGIBILITY.—
   70         (a) The purpose of an innovation school is to utilize
   71  innovation and enhance high academic achievement and
   72  accountability in exchange for flexibility and exemptions from
   73  specific statutes.
   74         (b) An innovation school is a school that:
   75         1. Operates as a public school of parental choice pursuant
   76  to s. 1002.31;
   77         2. Focuses on teaching and learning infused with current
   78  technology;
   79         3. Prepares students for a career or postsecondary
   80  education;
   81         4. Utilizes innovation and enhances high student academic
   82  achievement and accountability;
   83         5. Enhances academic success and financial efficiency by
   84  aligning responsibility with accountability;
   85         6. Provides a parent with sufficient information for each
   86  year spent in the innovation school regarding the educational
   87  progress of his or her child, the child’s reading grade level,
   88  and the child’s performance toward achieving common core
   89  standards appropriate for the student’s grade level;
   90         7. Has a theme or academic focus that is based on
   91  innovation and is unique in the district; and
   92         8. Offers specialized programs and creates innovative
   93  learning approaches in a diverse environment.
   94         (c) A district school board may apply to the State Board of
   95  Education for an innovation school if the district:
   96         1. Has at least 20 percent of its total enrollment in
   97  public choice programs or at least 5 percent of its total
   98  enrollment in charter schools;
   99         2.Has no material weaknesses or instances of material
  100  noncompliance noted in the annual financial audit conducted
  101  pursuant to s. 218.39; and
  102         3.Has not received a district grade below B in the past 3
  103  years.
  104         (d) A district school board may operate one innovation
  105  school upon an application being approved by the State Board of
  106  Education.
  107         1. A district school board may apply to the State Board of
  108  Education to establish additional innovation schools if each
  109  existing innovation school in the district:
  110         a. Meets all requirements in this section and in the
  111  performance contract;
  112         b. Has a grade of A or B”; and
  113         c. Has at least 50 percent of its students exceed the state
  114  average on the statewide assessment program pursuant to s.
  115  1008.22. This comparison may take student subgroups, as defined
  116  in the federal Elementary and Secondary Education Act (ESEA), 20
  117  U.S.C. s. 6311(b)(2)(C)(v)(II), into specific consideration so
  118  that at least 50 percent of students in each student subgroup
  119  meet or exceed the statewide average performance, rounded to the
  120  nearest whole number, of that particular subgroup.
  121         2. Notwithstanding subparagraph 1., the number of
  122  innovation schools in a school district may not exceed:
  123         a. Seven in a school district that has 100,000 or more
  124  students.
  125         b. Five in a school district that has 50,000 to 99,999
  126  students.
  127         c. Three in a school district that has fewer than 50,000
  128  students.
  129         (e)An innovation school must be open to any student
  130  covered in an interdistrict agreement or residing in the school
  131  district in which the innovation school is located. An
  132  innovation school shall enroll an eligible student who submits a
  133  timely application if the number of applications does not exceed
  134  the capacity of a program, class, grade level, or building. If
  135  the number of applications exceeds capacity, all applicants
  136  shall have an equal chance of being admitted through a public
  137  random selection process. However, a district may give
  138  enrollment preference to students who identify the innovation
  139  school as the student’s preferred choice pursuant to the
  140  district’s controlled open enrollment plan.
  141         (2)GUIDING PRINCIPLES.—
  142         (a) An innovation school shall be guided by the following
  143  principles:
  144         1. Student learning is aligned with the Next Generation
  145  Sunshine State Standards.
  146         2. Students advance by demonstrating skills, abilities, and
  147  knowledge necessary to ensure a successful career.
  148         3. Teachers, advisors, students, and parents manage a
  149  personalized learning plan that accounts for each student’s
  150  preferred pace and learning style.
  151         4. Each student learns in the way he or she learns best,
  152  such as independently, one-on-one with a coach, collaboratively
  153  in small groups, online, through internships or early college
  154  courses, or in other real-world contexts.
  155         5. Instructional personnel take on roles as learning
  156  coaches, advisors, and content and assessment experts.
  157         (b) An innovation school shall:
  158         1. Meet high standards of student achievement.
  159         2.Implement innovative learning methods, including blended
  160  learning, and assessment tools to implement a schoolwide
  161  transformation to improve student learning and academic
  162  achievement.
  163         3.Measure student performance based on student learning
  164  growth, or based on student achievement if student learning
  165  growth cannot be measured.
  166         4.Incorporate industry certifications and similar
  167  recognitions into performance expectations.
  168         5.Tailor the program to students at the school,
  169  personalize education for each student, and empower students to
  170  plan and manage their own studies in a variety of ways.
  171         (c) Classroom teachers, as defined in s. 1012.01(2)(a),
  172  shall be evaluated based on performance pursuant to s. 1012.34.
  173  However, an innovation school may use an equally appropriate
  174  formula pursuant to s. 1012.34(7)(b) to make such evaluation.
  175         (d) An innovation school may operate as a virtual school.
  177  district that meets the eligibility requirements of subsection
  178  (1) may apply to the State Board of Education at any time to
  179  enter into a performance contract to operate an innovation
  180  school.
  181         (a) The application must, at a minimum:
  182         1. Demonstrate how the school district meets and will
  183  continue to meet the requirements of this section;
  184         2. Identify how the school will accomplish the purposes and
  185  guiding principles of this section;
  186         3. Identify the statutes or rules from which the district
  187  is seeking a waiver for the school;
  188         4. Identify and provide supporting documentation for the
  189  purpose and impact of each waiver, how each waiver would enable
  190  the school to achieve the purpose and guiding principles of this
  191  section, and how the school would not be able to achieve the
  192  purpose and guiding principles of this section without each
  193  waiver; and
  194         5. Confirm that the school board remains responsible for
  195  the operation, control, and supervision of the school in
  196  accordance with all applicable laws, rules, and district
  197  procedures not waived pursuant to this section or waived
  198  pursuant to other applicable law.
  199         (b) The State Board of Education shall approve or deny the
  200  application within 90 days or, with the agreement of the school
  201  district, at a later date.
  202         (c) The performance contract must address the terms under
  203  which the State Board of Education may cancel the contract and,
  204  at a minimum, the methods by which:
  205         1.Upon execution of the performance contract, the school
  206  district will plan the program during the first year, begin at
  207  least partial implementation of the program during the second
  208  year, and fully implement the program by the third year. A
  209  district may implement the program sooner than specified in this
  210  paragraph if authorized in the performance contract.
  211         2.The school will integrate technology into instruction,
  212  assessment, and professional development. The school may also
  213  restructure the school day or school year in a way that allows
  214  it to best accomplish its goals.
  215         3.The school and district will monitor performance
  216  progress based on skills that help students succeed in college
  217  and careers, including problem solving, research,
  218  interpretation, and communication.
  219         4. The school will allow students to advance based on
  220  student competency and understanding of the content.
  221         5. The learning environment will allow for innovation.
  222         6. The resources will enable personalization and increase
  223  student achievement and college and career readiness.
  224         7. The school will incorporate industry certifications and
  225  similar recognitions into performance expectations.
  226         (d) Three or more contiguous school districts may apply to
  227  enter into a joint performance contract as a Region of
  228  Innovation, subject to terms and conditions contained in this
  229  section for a single school district.
  230         (e) The State Board of Education shall monitor innovation
  231  schools to ensure that the respective school district is in
  232  compliance with this section and the performance contract.
  233         (f) The State Board of Education shall adopt rules pursuant
  234  to ss. 120.536(1) and 120.54 to implement this section,
  235  including, but not limited to, an application, evaluation
  236  instrument, and renewal evaluation instrument.
  237         (g) This section does not supersede the provisions of s.
  238  768.28.
  239         (4) TERM OF PERFORMANCE CONTRACT.—An innovation school may
  240  operate pursuant to a performance contract with the State Board
  241  of Education for a period of 5 years.
  242         (a) Before expiration of the performance contract, the
  243  school’s performance shall be evaluated against the eligibility
  244  criteria, purpose, guiding principles, and compliance with the
  245  contract to determine whether the contract may be renewed. The
  246  contract may be renewed every 5 years.
  247         (b) The performance contract shall be terminated by the
  248  State Board of Education if:
  249         1. The school receives a school grade as an innovation
  250  school of “F” for 2 consecutive years;
  251         2. The school or district fails to comply with the criteria
  252  in this section;
  253         3. The school or district does not comply with terms of the
  254  contract which specify that a violation results in termination;
  255  or
  256         4. Other good cause is shown.
  257         (5) EXEMPTION FROM STATUTES.—
  258         (a)An innovation school is generally exempt from chapters
  259  1000-1013, and shall have autonomy in the budget, staffing,
  260  governance, curriculum, assessment, and school calendar.
  261  However, an innovation school shall comply with the following
  262  provisions of those chapters:
  263         1. Laws pertaining to the following:
  264         a. Innovation schools, including this section.
  265         b. Student assessment program and school grading system.
  266         c. Services to students who have disabilities.
  267         d. Civil rights, including s. 1000.05, relating to
  268  discrimination.
  269         e. Student health, safety, and welfare.
  270         2.Laws governing the election and compensation of district
  271  school board members and election or appointment and
  272  compensation of district school superintendents.
  273         3.Section 1003.03, governing maximum class size, except
  274  that the calculation for compliance pursuant to s. 1003.03 is
  275  the average at the school level.
  276         4.Sections 1012.22(1)(c) and 1012.27(2), relating to
  277  compensation and salary schedules.
  278         5. Section 1012.33(5), relating to workforce reductions.
  279         6. Section 1012.335, relating to contracts with
  280  instructional personnel hired on or after July 1, 2011.
  281         (b) An innovation school shall also comply with chapter 119
  282  and section 286.011, relating to public meetings and records,
  283  public inspection, and criminal and civil penalties.
  284         (c) An innovation school is exempt from ad valorem taxes
  285  and the State Requirements for Educational Facilities when
  286  leasing facilities.
  287         (6)FUNDING.—A district school board operating an
  288  innovation school shall report full-time equivalent students to
  289  the department in a manner prescribed by the department. As with
  290  other schools in the district, funding shall be provided through
  291  the Florida Education Finance Program described in ss. 1011.61
  292  and 1011.62. An innovation school may seek and receive
  293  additional funding through incentive grants or public or private
  294  partnerships.
  295         (7)REPORTS.—The school district of an innovation school
  296  shall submit to the State Board of Education, the President of
  297  the Senate, and the Speaker of the House of Representatives an
  298  annual report by December 1 of each year which delineates the
  299  performance of the innovation school as it relates to the
  300  academic performance of students. The annual report shall be
  301  submitted in a format prescribed by the Department of Education
  302  and must include, but need not be limited to, the following:
  303         (a)Evidence of compliance with this section.
  304         (b) Efforts to close the achievement gap.
  305         (c)Longitudinal performance of students, by grade level
  306  and subgroup, in mathematics, reading, writing, science, and any
  307  other subject that is included as a part of the statewide
  308  assessment program in s. 1008.22.
  309         (d)Longitudinal performance for students who take an
  310  Advanced Placement Examination, organized by age, gender, and
  311  race, and for students who participate in the National School
  312  Lunch Program.
  313         (e)Number and percentage of students who take an Advanced
  314  Placement Examination.
  315         Section 5. This act shall take effect July 1, 2013.