Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1552
       
       
       
       
       
                               Ì558178SÎ558178                          
       
       576-04057-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Pre-K - 12 Education)
    1                        A bill to be entitled                      
    2         An act relating to K-12 education; amending s.
    3         1001.42, F.S.; revising provisions relating to school
    4         improvements plans; requiring only specified schools
    5         to submit a school improvement plan; deleting a
    6         requirement that certain information be included in
    7         the improvement plans of certain schools; revising the
    8         grade levels required to implement an early warning
    9         system; revising the required content of an early
   10         warning system; requiring a specified team to monitor
   11         specified data; revising what constitutes an
   12         educational emergency and establishing duties of
   13         district school boards relating to such emergency;
   14         amending s. 1002.33, F.S.; revising the criteria a
   15         charter school must meet to require corrective action;
   16         revising requirements for corrective action by charter
   17         schools; revising criteria for waiver of automatic
   18         charter termination; amending s. 1002.332, F.S.;
   19         conforming a cross-reference; amending s. 1008.33,
   20         F.S.; providing that intervention and support services
   21         apply consistently to any school meeting specified
   22         criteria; revising the required timeline for the
   23         implementation of a district-managed turnaround plan;
   24         providing turnaround options available to school
   25         districts meeting specified criteria; amending s.
   26         1008.345, F.S.; revising the criteria a school must
   27         meet to have a community assessment team; revising the
   28         duties of a community assessment team; creating s.
   29         1012.732, F.S.; creating the Florida Best and
   30         Brightest Teacher and Principal Scholar Award Program
   31         to be administered by the Department of Education;
   32         providing the intent and purpose of the program;
   33         providing eligibility requirements for classroom
   34         teachers and school administrators to participate in
   35         the program; providing timelines and requirements for
   36         program implementation; providing funding priorities;
   37         defining the term “school district”; requiring the
   38         State Board of Education to adopt rules; providing an
   39         effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Paragraphs (a) and (b) of subsection (18) and
   44  subsection (21) of section 1001.42, Florida Statutes, are
   45  amended to read:
   46         1001.42 Powers and duties of district school board.—The
   47  district school board, acting as a board, shall exercise all
   48  powers and perform all duties listed below:
   49         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
   50  Maintain a system of school improvement and education
   51  accountability as provided by statute and State Board of
   52  Education rule. This system of school improvement and education
   53  accountability shall be consistent with, and implemented
   54  through, the district’s continuing system of planning and
   55  budgeting required by this section and ss. 1008.385, 1010.01,
   56  and 1011.01. This system of school improvement and education
   57  accountability shall comply with the provisions of ss. 1008.33,
   58  1008.34, 1008.345, and 1008.385 and include the following:
   59         (a) School improvement plans.—
   60         1. The district school board shall annually approve and
   61  require implementation of a new, amended, or continuation school
   62  improvement plan for each school in the district which has a
   63  school grade of “D” or “F”;. If a school has a significant gap
   64  in achievement on statewide, standardized assessments
   65  administered pursuant to s. 1008.22 by one or more student
   66  subgroups, as defined in the federal Elementary and Secondary
   67  Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not
   68  significantly increased the percentage of students passing
   69  statewide, standardized assessments; has not significantly
   70  increased the percentage of students demonstrating Learning
   71  Gains, as defined in s. 1008.34 and as calculated under s.
   72  1008.34(3)(b), who passed statewide, standardized assessments;
   73  or has significantly lower graduation rates for a subgroup when
   74  compared to the state’s graduation rate. The, that school’s
   75  improvement plan of a school that meets the requirements of this
   76  paragraph shall include strategies for improving these results.
   77  The state board shall adopt rules establishing thresholds and
   78  for determining compliance with this paragraph subparagraph.
   79         2. A school that includes any of grades 6, 7, or 8 shall
   80  include annually in its school improvement plan information and
   81  data on the school’s early warning system required under
   82  paragraph (b), including a list of the early warning indicators
   83  used in the system, the number of students identified by the
   84  system as exhibiting two or more early warning indicators, the
   85  number of students by grade level that exhibit each early
   86  warning indicator, and a description of all intervention
   87  strategies employed by the school to improve the academic
   88  performance of students identified by the early warning system.
   89  In addition, a school that includes any of grades 6, 7, or 8
   90  shall describe in its school improvement plan the strategies
   91  used by the school to implement the instructional practices for
   92  middle grades emphasized by the district’s professional
   93  development system pursuant to s. 1012.98(4)(b)9.
   94         (b) Early warning system.—
   95         1. A school that serves any students in grade 1 through
   96  grade includes any of grades 6, 7, or 8 shall implement an early
   97  warning system to identify students in such grades 6, 7, and 8
   98  who need additional support to improve academic performance and
   99  stay engaged in school. The early warning system must include
  100  the following early warning indicators:
  101         a. Attendance below 90 percent, regardless of whether
  102  absence is excused or a result of out-of-school suspension.
  103         b. One or more suspensions, whether in school or out of
  104  school.
  105         c. Course failure in English Language Arts or mathematics
  106  during any grading period.
  107         d. A Level 1 score on the statewide, standardized
  108  assessments in English Language Arts or mathematics or, for
  109  students in grade 1 through grade 3, a substantial deficiency in
  110  reading under s. 1008.25(5)(a).
  111  
  112  A school district may identify additional early warning
  113  indicators for use in a school’s early warning system. Beginning
  114  in the 2018-2019 academic year, the system must include data on
  115  the number of students identified by the system as exhibiting
  116  two or more early warning indicators, the number of students by
  117  grade level who exhibit each early warning indicator, and a
  118  description of all intervention strategies employed by the
  119  school to improve the academic performance of students
  120  identified by the early warning system.
  121         2. When a student exhibits two or more early warning
  122  indicators, the school’s child study team under s. 1003.02 or a
  123  school-based team formed for the purpose of implementing the
  124  requirements of this paragraph, in consultation with the
  125  student’s parent, shall convene to determine appropriate
  126  intervention strategies for the student. The team must use data
  127  and information relating to a student’s early warning indicators
  128  to inform any intervention strategies provided to the student.
  129  The school shall provide at least 10 days’ written notice of the
  130  meeting to the student’s parent, indicating the meeting’s
  131  purpose, time, and location, and provide the parent the
  132  opportunity to participate.
  133         (21) EDUCATIONAL AUTHORITY TO DECLARE AN EMERGENCY.—Pursue
  134  negotiations of May declare an emergency in cases in which one
  135  or more schools in the district are failing or are in danger of
  136  failing and negotiate special provisions of its contract with
  137  the appropriate bargaining units to free these schools meeting
  138  specified conditions from contract restrictions that limit a the
  139  school’s ability to implement programs and strategies needed to
  140  improve student performance. The negotiations must result in a
  141  memorandum of understanding that addresses the selection,
  142  placement, and expectations of instructional personnel and
  143  school administrators. For purposes of this subsection, an
  144  educational emergency exists in a school district under the
  145  following conditions, and the school board must act accordingly:
  146         (a)A school board may negotiate in cases in which one or
  147  more schools in the district have a school grade of “D” or in
  148  which a school is in danger of earning a grade of “F.”
  149         (b) Beginning in the 2018-2019 academic year, a school
  150  board may negotiate in cases in which one or more schools in the
  151  district are currently subject to, or are in danger of being
  152  subject to, a differentiated matrix of intervention and support
  153  strategies as a turnaround school or turnaround schools under s.
  154  1008.33(3)(c).
  155         Section 2. Paragraph (n) of subsection (9) of section
  156  1002.33, Florida Statutes, is amended to read:
  157         1002.33 Charter schools.—
  158         (9) CHARTER SCHOOL REQUIREMENTS.—
  159         (n)1. The director and a representative of the governing
  160  board of a charter school that has earned a grade of “D” or is
  161  in danger of earning a grade of “F” pursuant to s. 1008.34 shall
  162  appear before the sponsor to present information concerning each
  163  contract component having noted deficiencies. The director and a
  164  representative of the governing board shall submit to the
  165  sponsor for approval a school improvement plan to raise student
  166  performance. Upon approval by the sponsor, the charter school
  167  shall begin implementation of the school improvement plan. The
  168  department shall offer technical assistance and training to the
  169  charter school and its governing board and establish guidelines
  170  for developing, submitting, and approving such plans.
  171         2.a. If a charter school earns a grade of “F” or two three
  172  consecutive grades below a “C, of “D,” two consecutive grades
  173  of “D” followed by a grade of “F,” or two nonconsecutive grades
  174  of “F” within a 3-year period, the turnaround charter school
  175  governing board must immediately implement its approved school
  176  improvement plan for the remainder of the school year and
  177  continue implementation for at least 1 school year, and shall
  178  choose one of the following corrective actions:
  179         (I) Contract for educational services to be provided
  180  directly to students, instructional personnel, and school
  181  administrators, as prescribed in state board rule;
  182         (II) Contract with an outside entity that has a
  183  demonstrated record of effectiveness to operate the school;
  184         (III) Reorganize the school under a new director or
  185  principal who is authorized to hire new staff; or
  186         (IV) Voluntarily close the charter school.
  187         b. The turnaround charter school must implement the
  188  corrective action in the school year following receipt of a
  189  grade of “F” or a second third consecutive grade below a “C. of
  190  “D,” a grade of “F” following two consecutive grades of “D,” or
  191  a second nonconsecutive grade of “F” within a 3-year period.
  192         c. The sponsor may annually waive a corrective action if it
  193  determines that the turnaround charter school is likely to
  194  improve a letter grade if additional time is provided to
  195  implement the intervention and support strategies prescribed by
  196  the school improvement plan. Notwithstanding this sub
  197  subparagraph, a charter school that earns a second consecutive
  198  grade of “F” is subject to subparagraph 3. 4.
  199         d. A turnaround charter school is no longer required to
  200  implement a corrective action if it improves to a grade of “C”
  201  or higher by at least one letter grade. However, the charter
  202  school must continue to implement strategies identified in the
  203  school improvement plan. The sponsor must annually review
  204  implementation of the school improvement plan to monitor the
  205  school’s continued improvement pursuant to subparagraph 4. 5.
  206         e. A turnaround charter school implementing a corrective
  207  action that does not improve to a grade of “C” or higher by at
  208  least one letter grade after 2 full school years of implementing
  209  the corrective action must select a different corrective action.
  210  Implementation of the new corrective action must begin in the
  211  school year following the implementation period of the existing
  212  corrective action, unless the sponsor determines that the
  213  charter school is likely to improve to a grade of “C” or higher
  214  a letter grade if additional time is provided to implement the
  215  existing corrective action. Notwithstanding this sub
  216  subparagraph, a charter school that earns a second consecutive
  217  grade of “F” while implementing a corrective action is subject
  218  to subparagraph 3. 4.
  219         3. A charter school with a grade of “D” or “F” that
  220  improves by at least one letter grade must continue to implement
  221  the strategies identified in the school improvement plan. The
  222  sponsor must annually review implementation of the school
  223  improvement plan to monitor the school’s continued improvement
  224  pursuant to subparagraph 5.
  225         3.4. A charter school’s charter contract is automatically
  226  terminated if the school earns two consecutive grades of “F”
  227  after all school grade appeals are final unless:
  228         a. The charter school is established to turn around the
  229  performance of a district public school pursuant to s.
  230  1008.33(4)(b)6. s. 1008.33(4)(b)3. Such charter schools shall be
  231  governed by s. 1008.33;
  232         b. The charter school serves a student population the
  233  majority of which resides in a school zone served by a district
  234  public school subject to s. 1008.33(4) that earned a grade of
  235  “F” in the year before the charter school opened and the charter
  236  school earns at least a grade of “D” in its third year of
  237  operation. The exception provided under this sub-subparagraph
  238  does not apply to a charter school in its fourth year of
  239  operation and thereafter; or
  240         c. The state board grants the charter school a waiver of
  241  termination. The charter school must request the waiver within
  242  15 days after the department’s official release of school
  243  grades. The state board may waive termination if the charter
  244  school demonstrates that the Learning Gains of its students on
  245  statewide assessments are comparable to or better than the
  246  Learning Gains of similarly situated students enrolled in nearby
  247  district public schools. The waiver is valid for 1 year and may
  248  only be granted once. Charter schools that have been in
  249  operation for more than 5 years are not eligible for a waiver
  250  under this sub-subparagraph.
  251  
  252  The sponsor shall notify the charter school’s governing board,
  253  the charter school principal, and the department in writing when
  254  a charter contract is terminated under this subparagraph. The
  255  letter of termination must meet the requirements of paragraph
  256  (8)(c). A charter terminated under this subparagraph must follow
  257  the procedures for dissolution and reversion of public funds
  258  pursuant to paragraphs (8)(e)-(g) and (9)(o).
  259         4.5. The director and a representative of the governing
  260  board of a graded charter school that has implemented a school
  261  improvement plan under this paragraph shall appear before the
  262  sponsor at least once a year to present information regarding
  263  the progress of intervention and support strategies implemented
  264  by the school pursuant to the school improvement plan and
  265  corrective actions, if applicable. The sponsor shall communicate
  266  at the meeting, and in writing to the director, the services
  267  provided to the school to help the school address its
  268  deficiencies.
  269         5.6. Notwithstanding any provision of this paragraph except
  270  sub-subparagraphs 3.a.-c. 4.a.-c., the sponsor may terminate the
  271  charter at any time pursuant to subsection (8).
  272         Section 3. Paragraph (b) of subsection (1) of section
  273  1002.332, Florida Statutes, is amended to read:
  274         1002.332 High-performing charter school system.—
  275         (1) For purposes of this section, the term:
  276         (b) “High-performing charter school system” means an entity
  277  that:
  278         1. Operated at least three high-performing charter schools
  279  in the state during each of the previous 3 school years;
  280         2. Operated a system of charter schools in which at least
  281  50 percent of the charter schools were high-performing charter
  282  schools pursuant to s. 1002.331 and no charter school earned a
  283  school grade of “D” or “F” pursuant to s. 1008.34 in any of the
  284  previous 3 school years regardless of whether the entity
  285  currently operates the charter school, except that:
  286         a. If the entity assumed operation of a public school
  287  pursuant to s. 1008.33(4)(b)6. s. 1008.33(4)(b)3. with a school
  288  grade of “F,” that school’s grade may not be considered in
  289  determining high-performing charter school system status for a
  290  period of 3 years.
  291         b. If the entity established a new charter school that
  292  served a student population the majority of which resided in a
  293  school zone served by a public school that earned a grade of “F”
  294  or three consecutive grades of “D” pursuant to s. 1008.34, that
  295  charter school’s grade may not be considered in determining
  296  high-performing charter school system status if it attained and
  297  maintained a school grade that was higher than that of the
  298  public school serving that school zone within 3 years after
  299  establishment; and
  300         3. Did not receive a financial audit that revealed one or
  301  more of the financial emergency conditions set forth in s.
  302  218.503(1) for any charter school assumed or established by the
  303  entity in the most recent 3 fiscal years for which such audits
  304  are available.
  305         Section 4. Subsections (3), (4), and (5) of section
  306  1008.33, Florida Statutes, are amended to read:
  307         1008.33 Authority to enforce public school improvement.—
  308         (3)(a) The academic performance of all students has a
  309  significant effect on the state school system. Pursuant to Art.
  310  IX of the State Constitution, which prescribes the duty of the
  311  State Board of Education to supervise Florida’s public school
  312  system, the state board shall equitably enforce the
  313  accountability requirements of the state school system and may
  314  impose state requirements on school districts in order to
  315  improve the academic performance of all districts, schools, and
  316  students based upon the provisions of the Florida K-20 Education
  317  Code, chapters 1000-1013; the federal ESEA and its implementing
  318  regulations; and the ESEA flexibility waiver approved for
  319  Florida by the United States Secretary of Education.
  320         (b) Beginning with the 2011-2012 school year, The
  321  Department of Education shall annually identify each public
  322  school in need of intervention and support to improve student
  323  academic performance. All schools earning a grade of “D” or in
  324  danger of earning a grade of “F” pursuant to s. 1008.34 are
  325  considered schools in need of intervention and support.
  326         (c) To assist in implementing paragraph (4)(a) and (b), the
  327  state board shall adopt by rule a differentiated matrix of
  328  intervention and support strategies for assisting traditional
  329  public schools identified under this section and rules for
  330  implementing s. 1002.33(9)(n), relating to charter schools. The
  331  intervention and support strategies must address student
  332  performance and include extended learning by at least 1 extra
  333  hour, and may include improvement planning, leadership quality
  334  improvement, educator quality improvement, professional
  335  development, curriculum alignment and pacing, and the use of
  336  continuous improvement and monitoring plans and processes. In
  337  addition, the state board may prescribe reporting requirements
  338  to review and monitor the progress of the schools. The rule must
  339  define the intervention and support strategies for school
  340  improvement for schools earning a grade of “D” or “F” and the
  341  roles for the district and department. The rule shall define and
  342  differentiate among schools as follows: earning consecutive
  343  grades of “D” or “F,” or a combination thereof, and provide for
  344  more intense monitoring, intervention, and support strategies
  345  for these schools.
  346         1. A “school-in-need” means a school that has a grade of
  347  “D” or that is in danger of earning a grade of “F,” and that is
  348  in need of intervention and support under paragraph (b);
  349         2. A turnaround school” means a school with a grade of “F”
  350  or two consecutive grades below a “C” which is in need of
  351  intensive intervention and support and which is implementing a
  352  district-managed turnaround plan or a different turnaround
  353  option approved pursuant to subsection (4). A “turnaround
  354  charter school” is a charter school subject to the requirements
  355  of s. 1002.33(9)(n); and
  356         3. A persistently low-performing school means a
  357  turnaround school that has been subject to a differentiated
  358  matrix of intensive intervention and support strategies for more
  359  than 3 consecutive years, or a turnaround school that was closed
  360  pursuant to s. 1008.33(4) within 2 years after the submission of
  361  a notice of intent.
  362  
  363  The rule must also define a “low-performing school” to include,
  364  at minimum, any school meeting the requirements of this
  365  subsection.
  366         (4)(a) The state board shall apply intensive the most
  367  intense intervention and support strategies to turnaround
  368  schools earning a grade of “F” or two consecutive grades below a
  369  “C.” “F.” In the first full school year after a school initially
  370  receives earns a turnaround school designation, grade of “F,”
  371  the school district must immediately implement intensive
  372  intervention and support strategies prescribed in rule under
  373  paragraph (3)(c) and, by September 1, provide, select a
  374  turnaround option from those provided in subparagraphs (b)1.-5.,
  375  and submit a plan for implementing the turnaround option to the
  376  department with the memorandum of understanding negotiated
  377  pursuant to s. 1001.42(21) and with a district-managed
  378  turnaround plan for approval by the state board. Upon approval
  379  by the state board, the school district must implement the plan
  380  for the remainder of the school year and continue the plan for 1
  381  full school year for approval by the state board. Upon approval
  382  by the state board, the turnaround option must be implemented in
  383  the following school year.
  384         (b) The turnaround options available to the turnaround a
  385  school district to address a school include one or a combination
  386  of the following turnaround options, giving priority to the
  387  first three options that earns a grade of “F” are:
  388         1. Implement an extended school day with at least 1 hour of
  389  additional learning time. Convert the school to a district
  390  managed turnaround school;
  391         2.Enter into a formal agreement with a nonprofit
  392  organization with tax exempt status under s. 501(c)(3) of the
  393  Internal Revenue Code to implement an integrated student support
  394  service model that provides students and families with access to
  395  wrap-around services, including, but not limited to, health
  396  services, after-school programs, drug-prevention programs,
  397  college and career readiness, and food and clothing banks.
  398  Districts implementing this option may be eligible for
  399  additional funding as provided in the General Appropriations
  400  Act.
  401         3. Implement a principal autonomy program school, through a
  402  performance contract and in accordance with proposal elements,
  403  criteria, and timelines established by the state board pursuant
  404  to s. 1011.6202(2)(b) specifically tailored for a turnaround
  405  school. For purposes of this section, a school district using
  406  this option for its turnaround school is eligible to participate
  407  in, and receive the benefits of, the principal autonomy program,
  408  pursuant to s. 1011.6202(1) for only the turnaround school.
  409         5.2. Reassign students to another school and monitor the
  410  progress of each reassigned student.;
  411         6.3. Close the school and reopen the school as one or more
  412  charter schools, each with a governing board that has a
  413  demonstrated record of effectiveness.;
  414         4. Contract as a conversion charter school or with an
  415  outside entity that has a demonstrated record of effectiveness
  416  to operate the school.; or
  417         5.Implement a hybrid of turnaround options set forth in
  418  subparagraphs 1.-4. or other turnaround models that have a
  419  demonstrated record of effectiveness.
  420         (c) A school earning a grade of “F” shall have a planning
  421  year followed by 2 full school years to implement the initial
  422  turnaround option selected by the school district and approved
  423  by the state board. Implementation of the turnaround option is
  424  no longer required if the school improves to a grade of “C” or
  425  higher by at least one letter grade.
  426         (d)A school earning a grade of “F” that improves its
  427  letter grade must continue to implement strategies identified in
  428  its school improvement plan pursuant to s. 1001.42(18)(a). The
  429  department must annually review implementation of the school
  430  improvement plan for 3 years to monitor the school’s continued
  431  improvement.
  432         (d)(e) If a turnaround school earning a grade of “F” does
  433  not improve to a grade of “C” or higher by at least one letter
  434  grade after 2 full school years of implementing the turnaround
  435  option selected by the school district under paragraph (b), the
  436  school district must implement select a different option and
  437  submit another turnaround option implementation plan to the
  438  department for approval by the state board. Implementation of
  439  the turnaround option approved plan must begin the school year
  440  following the implementation period of the existing turnaround
  441  option, unless the state board determines that the school is
  442  likely to improve to a grade of “C” or higher a letter grade if
  443  additional time is provided to implement the existing turnaround
  444  option.
  445         (5)A school that earns a grade of “D” for 3 consecutive
  446  years must implement the district-managed turnaround option
  447  pursuant to subparagraph (4)(b)1. The school district must
  448  submit an implementation plan to the department for approval by
  449  the state board.
  450         Section 5. Paragraph (d) of subsection (6) of section
  451  1008.345, Florida Statutes, is amended to read:
  452         1008.345 Implementation of state system of school
  453  improvement and education accountability.—
  454         (6)
  455         (d) The commissioner shall assign a community assessment
  456  team to each school district or governing board with a
  457  turnaround school that earned a grade of “F” or three
  458  consecutive grades of “D” pursuant to s. 1008.34 to review the
  459  school performance data and determine causes for the low
  460  performance, including the role of school, area, and district
  461  administrative personnel. The community assessment team shall
  462  review a high school’s graduation rate calculated without high
  463  school equivalency diploma recipients for the past 3 years,
  464  disaggregated by student ethnicity. The team shall make
  465  recommendations to the school board or the governing board and
  466  to the State Board of Education based on the interventions and
  467  support strategies identified pursuant to subsection (5) to
  468  which address the causes of the school’s low performance and to
  469  incorporate the strategies and may be incorporated into the
  470  school improvement plan. The assessment team shall include, but
  471  not be limited to, a department representative, parents,
  472  business representatives, educators, representatives of local
  473  governments, and community activists, and shall represent the
  474  demographics of the community from which they are appointed.
  475         Section 6. Section 1012.732, Florida Statutes, is created
  476  to read:
  477         1012.732 The Florida Best and Brightest Teacher and
  478  Principal Scholar Award Program.—
  479         (1) INTENT.—The Legislature recognizes that, second only to
  480  parents, teachers and principals play the most critical roles
  481  within schools in preparing students to achieve a high level of
  482  academic performance. The Legislature further recognizes that
  483  research has linked student successes and performance outcomes
  484  to the academic achievements and performance accomplishments of
  485  the teachers and principals who most closely affect their
  486  classroom and school learning environments. Therefore, it is the
  487  intent of the Legislature to designate teachers and principals
  488  who have achieved high academic standards during their own
  489  education as Florida’s best and brightest teacher and principal
  490  scholars.
  491         (2) PURPOSE.—There is created the Florida Best and
  492  Brightest Teacher and Principal Scholar Award Program, as a
  493  performance-based scholarship award program, to be administered
  494  by the Department of Education. The performance-based award
  495  shall provide categorical funding for scholarships to be awarded
  496  to full-time classroom teachers, as defined in s. 1012.01(2)(a),
  497  and full-time school administrators, as defined in s.
  498  1012.01(3)(c), excluding substitute teachers or substitute
  499  school administrators, who have demonstrated a high level of
  500  academic achievement and performance.
  501         (3)ELIGIBILITY.—To be eligible for a scholarship, a full
  502  time classroom teacher or full-time school administrator must be
  503  employed on an annual contract or probationary contract pursuant
  504  to s. 1012.335, participate in the school district’s performance
  505  salary schedule pursuant to s. 1012.22, and meet at least one of
  506  the achievement requirements under paragraph (a) and at least
  507  one of the performance requirements under paragraph (b).
  508         (a)Achievement requirements.—
  509         1.For a classroom teacher, a score at or above the 90th
  510  percentile on the Florida Teacher Certification Examination in a
  511  subject that he or she is teaching;
  512         2. For a school administrator, a score at or above the 90th
  513  percentile on the Florida Educational Leadership Examination;
  514         3.For a classroom teacher or school administrator, a
  515  composite score at or above the 80th percentile on either the
  516  SAT or the ACT based on the National Percentile Ranks in effect
  517  when the classroom teacher or school administrator took the
  518  assessment;
  519         4. For a classroom teacher or school administrator, a
  520  composite score on the GRE, LSAT, GMAT, or MCAT at or above a
  521  score adopted by the State Board of Education; or
  522         5. For a classroom teacher or school administrator, a
  523  cumulative undergraduate or graduate grade point average of at
  524  least 3.5 on a 4.0 scale, as verified on the teacher’s or
  525  administrator’s official final college transcript.
  526         (b)Performance requirements.—The classroom teacher or
  527  school administrator:
  528         1.Must have been evaluated as highly effective pursuant to
  529  s. 1012.34 in the school year immediately preceding the year in
  530  which the scholarship will be awarded;
  531         2. If he or she works in a low-performing school or a
  532  school that was designated by the department as low-performing
  533  within the previous 2 years and commits, pursuant to State Board
  534  of Education rule, to working at the school for at least 3
  535  years, must have been evaluated as highly effective pursuant to
  536  s. 1012.34 in the school year immediately preceding the first
  537  year in which the scholarship will be awarded and maintain a
  538  highly effective evaluation rating in at least two of every
  539  three annual performance evaluations, based on a rolling 3-year
  540  period; or
  541         3. Must be newly hired by the district school board, must
  542  not have been evaluated pursuant to s. 1012.34, and must have
  543  met at least one of the following conditions:
  544         a. Be a recipient of the Florida Prepaid Tuition
  545  Scholarship Program pursuant to s. 1009.984 who graduates with a
  546  minimum 3.0 grade point average and commit, pursuant to State
  547  Board of Education rule, to working in a Florida public school
  548  for at least 3 years;
  549         b. Have completed the college reach-out program pursuant to
  550  s. 1007.34 and graduated with a minimum 3.0 grade point average,
  551  and commit, pursuant to State Board of Education rule, to
  552  working in a Florida public school for at least 3 years; or
  553         c. Be a Florida college or university graduate of a Florida
  554  teacher preparation program approved pursuant to s. 1004.04,
  555  have graduated with a minimum 3.0 grade point average, and
  556  commit, pursuant to State Board of Education rule, to working in
  557  a critical teacher shortage area under s. 1012.07 at a Florida
  558  public school for at least 3 years.
  559         (4)IMPLEMENTATION.—In order to implement and administer
  560  the program, the following timelines and requirements apply:
  561         (a) To demonstrate eligibility for an award, an eligible
  562  classroom teacher or school administrator, as applicable, must
  563  submit to the school district, no later than November 1, an
  564  official record of his or her achievement of the eligibility
  565  requirements specified in paragraph (3)(a). Once a classroom
  566  teacher or school administrator is deemed eligible by the school
  567  district, including teachers deemed eligible for the Florida
  568  Best and Brightest Teacher Scholarship Program in the 2015-2016
  569  or 2016-2017 fiscal years pursuant to s. 25 of chapter 2016-62,
  570  Laws of Florida, the classroom teacher or school administrator
  571  remains eligible as long as he or she remains employed by the
  572  school district as a full-time classroom teacher or full-time
  573  school administrator at the time of the award and continues to
  574  meet the conditions specified under this section.
  575         (b) Annually, by December 1, each school district shall
  576  submit to the department the number of eligible classroom
  577  teachers and school administrators who qualify for the
  578  scholarship.
  579         (c) Annually, by February 1, the department shall disburse
  580  scholarship funds to each school district for each eligible
  581  classroom teacher and school administrator to receive a
  582  scholarship as provided in the General Appropriations Act.
  583         (d)Annually, by April 1, each school district shall award
  584  the scholarship to each eligible classroom teacher and school
  585  administrator.
  586         (5) FUNDING.—A scholarship in the amount provided in the
  587  General Appropriations Act shall be awarded to every eligible
  588  classroom teacher and school administrator.
  589         (a) If the number of eligible classroom teachers and school
  590  administrators exceeds the total appropriation authorized in the
  591  General Appropriations Act, the department shall prorate the
  592  per-scholar scholarship award amount, except that prior to the
  593  distribution of funds, the following priorities apply:
  594         1. Classroom teachers and school administrators who commit,
  595  pursuant to State Board of Education rule, to work in a low
  596  performing school and meet the performance requirements of
  597  subparagraph (3)(b)2., shall receive an award equal to a full
  598  scholarship award amount. Classroom teachers and school
  599  administrators who do not fulfill the commitment made pursuant
  600  to subparagraph (3)(b)2. may not receive this priority; and
  601         2. Newly hired classroom teachers and school administrators
  602  who commit, pursuant to State Board of Education rule, to work
  603  in a Florida public school and meet the performance requirements
  604  under subparagraph (3)(b)3., shall receive a one-time hiring
  605  bonus of up to $10,000. Classroom teachers and school
  606  administrators who do not fulfill the commitment made pursuant
  607  to subparagraph (3)(b)3. may not receive this priority.
  608         (b) Newly hired classroom teachers and newly hired school
  609  administrators who initially participate in the program pursuant
  610  to subparagraph (3)(b)3. may only receive the one-time hiring
  611  bonus under subparagraph (a)2. In subsequent school years, such
  612  classroom teachers and school administrators may earn a
  613  scholarship award pursuant to subparagraph (3)(b)1. or
  614  subparagraph (3)(b)2., if they also maintain their initial
  615  commitments.
  616         (6)DEFINITION.—For purposes of this section, the term
  617  “school district” includes the Florida School for the Deaf and
  618  the Blind and charter school governing boards.
  619         (7) RULES.—The State Board of Education shall expeditiously
  620  adopt rules to implement this section.
  621         Section 7. This act shall take effect July 1, 2017.