Senate Bill 2186e1

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    CS for SB 2186                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to deregulated public schools;

  3         amending s. 228.0565, F.S.; providing for the

  4         continuation of the deregulated public schools

  5         pilot project; authorizing additional districts

  6         to participate; revising exemptions from

  7         statute for purposes of the pilot project;

  8         providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (1), paragraph (b) of subsection

13  (3), paragraphs (a) and (d) of subsection (6), and paragraph

14  (b) of subsection (7) of section 228.0565, Florida Statutes,

15  1998 Supplement, are amended to read:

16         228.0565  Deregulated public schools.--

17         (1)  PILOT PROGRAM.--To provide public schools the same

18  flexibility and accountability afforded charter schools, pilot

19  programs for deregulated public schools shall be conducted in

20  two large, two medium-sized, and two small school districts.

21  For the 1998-1999 school year, no more than six schools per

22  district, to include no more than two high schools, two middle

23  schools, and two elementary schools, may participate in the

24  flexibility program. The following districts are authorized to

25  conduct pilot programs program in 1998-1999: Palm Beach,

26  Pinellas, Seminole, Leon, Walton, and Citrus Counties. The

27  schools and school districts which are participating in the

28  pilot program as of January 1, 1999, are authorized to

29  continue the pilot program through the 2003-2004 school year.

30  Lee County is authorized to conduct the pilot program

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    CS for SB 2186                                 First Engrossed



  1  beginning in the 1999-2000 school year through the 2003-2004

  2  school year.

  3         (3)  PROPOSAL.--

  4         (b)  A district school board shall receive and review

  5  all proposals for a deregulated public school during July and

  6  August. A district school board must by a majority vote

  7  approve or deny a proposal no later than 30 days after the

  8  proposal is received. If a proposal is denied, the district

  9  school board must, within 10 calendar days, articulate in

10  writing the specific reasons based upon good cause supporting

11  its denial of the proposal.

12         (6)  ELEMENTS OF THE PROPOSAL.--The major issues

13  involving the operation of a deregulated public school shall

14  be considered in advance and written into the proposal.

15         (a)  The proposal shall address, and criteria for

16  approval of the proposal shall be based, on:

17         1.  The school's mission and the students to be served.

18         2.  The focus of the curriculum, the instructional

19  methods to be used, and any distinctive instructional

20  techniques to be employed.

21         3.  The current baseline standard of achievement and

22  the outcomes to be achieved and the method of measurement that

23  will be used.

24         4.  The methods used to identify the educational

25  strengths and needs of students and how well educational goals

26  and performance standards are met by students attending the

27  school. Students in deregulated and flexible public schools

28  shall, at a minimum, participate in the statewide assessment

29  program.

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    CS for SB 2186                                 First Engrossed



  1         5.  In secondary schools, a method for  determining

  2  that a student has satisfied the requirements for graduation

  3  in s. 232.246.

  4         6.  A method for resolving conflicts between the school

  5  and the district.

  6         7.  The admissions procedures and dismissal procedures,

  7  including the school's code of student conduct.

  8         8.  The ways by which the school's racial/ethnic

  9  balance reflects the community it serves or reflects the

10  racial/ethnic range of other public schools in the same school

11  district.

12         9.  The financial and administrative management of the

13  school including a statement of the areas in which the school

14  will have administrative and fiscal autonomy and the areas in

15  which the school will follow school district fiscal and

16  administrative policies.

17         10.  The manner in which the school will be insured,

18  including whether or not the school will be required to have

19  liability insurance, and, if so, the terms and conditions

20  thereof and the amounts of coverage.

21         11.  The qualifications to be required of the teachers.

22         (d)  Upon receipt of the annual report required by

23  paragraph (b), the Department of Education shall provide to

24  the State Board of Education, the Commissioner of Education,

25  the President of the Senate, and the Speaker of the House of

26  Representatives with a copy of each report and an analysis and

27  comparison of the overall performance of students, to include

28  all students in deregulated public schools whose scores are

29  counted as part of the statewide norm-referenced assessment

30  tests, versus comparable public school students in the

31  district as determined by FCAT and district norm-referenced


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    CS for SB 2186                                 First Engrossed



  1  assessment tests currently administered in the school

  2  district, and, as appropriate, the Florida Writes Assessment

  3  Test, the High School Competency Test, and other assessments

  4  administered pursuant to s. 229.57(3).

  5         (7)  EXEMPTION FROM STATUTES.--

  6         (b)  A deregulated public school may, with appropriate

  7  justification, request a waiver from the certification

  8  requirements of chapter 231. Pursuant to s. 229.592(6), the

  9  commissioner may waive requirements of chapter 231 that relate

10  to teacher certification to facilitate innovative practices

11  and to allow local school selection of educational methods.

12  Teachers employed by or under contract to a deregulated public

13  school shall be certified as required by chapter 231. A

14  deregulated public school may employ or contract with skilled

15  selected noncertified personnel to provide instructional

16  services or to assist instructional staff members as education

17  paraprofessionals teacher aides in the same manner as defined

18  in chapter 231. A deregulated public school may not employ an

19  individual to provide instructional services or to serve as an

20  education paraprofessional a teacher aide if the individual's

21  certification or licensure as an educator is suspended or

22  revoked by this or any other state. The qualifications of

23  teachers shall be disclosed to parents.

24         Section 2.  This act shall take effect July 1, 1999.

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