House Bill hb1533c2
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    Florida House of Representatives - 2001          CS/CS/HB 1533
        By the Council for Lifelong Learning and Committee on
    Colleges & Universities and Representatives Lynn, Melvin,
    Waters, Wallace, Dockery, Lacasa, Murman, Maygarden, Johnson,
    Andrews and Kilmer
  1                      A bill to be entitled
  2         An act relating to education governance
  3         reorganization; amending s. 229.001, F.S.;
  4         revising a short title to delete obsolete
  5         language; amending s. 229.002, F.S.; revising
  6         the policy and guiding principles of the
  7         Legislature relating to education governance;
  8         amending s. 229.003, F.S.; revising the
  9         timeframe for education governance
10         reorganization; revising the titles of the
11         education governance officers; revising the
12         name of the Florida On-Line High School to
13         conform with changes made by the bill; revising
14         the membership of university boards of trustees
15         and making appointees subject to Senate
16         confirmation; abolishing the Board of Regents,
17         the State Board of Community Colleges, and the
18         Postsecondary Education Planning Commission;
19         transferring the powers, duties, functions,
20         records, personnel, property, unexpended
21         balances of appropriations, allocations, other
22         funds, administrative authority, administrative
23         rules, pending issues, and existing contracts
24         of the Board of Regents to the Florida Board of
25         Education, of the State Board of Community
26         Colleges to the Florida Board of Education, and
27         of the Postsecondary Education Planning
28         Commission to the Center for Education Policy
29         Research and Improvement, respectively;
30         creating the Center for Education Policy
31         Research and Improvement within OPPAGA;
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    Florida House of Representatives - 2001          CS/CS/HB 1533
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  1         transferring the Articulation Coordinating
  2         Committee and the Education Standards
  3         Commission by type two transfer from the
  4         Department of Education to the Florida Board of
  5         Education; requiring the Commissioner of
  6         Education to commence reorganization of the
  7         department and specifying offices and
  8         divisions; requiring the merger of the powers,
  9         duties, and staffs of the State Board of
10         Independent Colleges and Universities and the
11         State Board of Nonpublic Career Education, with
12         an exception, into a single Commission for
13         Independent Education; creating s. 229.0031,
14         F.S.; creating the Center for Education Policy
15         Research and Improvement; providing duties of
16         the center; establishing membership and duties
17         of an advisory council to the center; providing
18         for funding and staff; providing for the
19         appointment and employment of an executive
20         director; amending s. 229.004, F.S.; revising
21         the timeframe for the creation of the Florida
22         Board of Education; deleting the requirement
23         that the board be part time; revising the
24         duties and responsibilities of the board;
25         conforming terminology with changes made by the
26         bill; providing cross references to newly
27         created missions and goals and guidelines;
28         amending s. 229.005, F.S.; revising provisions
29         relating to qualifications of Florida education
30         governance officers to conform terminology to
31         changes made by the bill and to provide cross
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  1         references to newly created missions and goals;
  2         requiring the Commissioner of Education to work
  3         with the board and oversee the chancellors and
  4         the executive director; deleting references to
  5         requirements of the Florida Constitution
  6         relating to education; requiring the Chancellor
  7         of Public Schools, the Chancellor of Colleges
  8         and Universities, the Chancellor of Community
  9         Colleges, and the Executive Director of
10         Independent Education to work as division vice
11         presidents of the seamless K-20 education
12         system; revising the name of the Florida
13         On-Line High School to conform with changes
14         made by the bill; amending s. 229.006, F.S.;
15         deleting obsolete language relating to the
16         creation and already-accomplished duties of the
17         Education Governance Reorganization Transition
18         Task Force; revising the timeframe for the
19         reorganization; requiring the task force to
20         provide guidance and monitoring of the
21         reorganization implementation process and to
22         report to the Governor, the Legislature, the
23         chief transition officer, and the public on its
24         progress; revising the timeframe and recipients
25         of the final report of the task force; creating
26         s. 229.0061, F.S.; establishing guidelines for
27         the implementation, structure, functions, and
28         organization of Florida's K-20 education
29         system; creating s. 229.007, F.S.; establishing
30         Florida's K-20 education performance
31         accountability system; providing legislative
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  1         intent; establishing the mission, goals, and
  2         systemwide measures; creating s. 229.0072,
  3         F.S.; establishing a reorganization
  4         implementation process; requiring the Governor
  5         to appoint university boards of trustees and a
  6         Florida Board of Education; providing for
  7         appointment of a chief transition officer and
  8         specifying duties of the officer; establishing
  9         duties of the Florida Board of Education
10         relating to the transition and implementation
11         of the K-20 system; requiring the Florida Board
12         of Education to appoint advisory bodies as
13         necessary and develop and recommend a new
14         School Code; requiring the Commissioner of
15         Education to work with the Florida Board of
16         Education to achieve full implementation of the
17         seamless K-20 system and to commence
18         reorganization of the department as required by
19         the act; creating s. 229.0073, F.S.;
20         establishing the chief transition officer's
21         Education Reorganization Workgroup to direct
22         and oversee reorganization of the Department of
23         Education; providing requirements for
24         reorganization to include the establishment of
25         offices and divisions; providing duties of the
26         offices; transferring the SMART Schools
27         Clearinghouse to the Office of Educational
28         Facilities and SMART Schools Clearinghouse
29         within the Office of the Commissioner of
30         Education; creating s. 229.0074, F.S.;
31         establishing the mission of the Division of
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  1         Independent Education; providing for membership
  2         and duties of the executive director; combining
  3         and transferring the powers and duties of the
  4         State Board of Independent Colleges and
  5         Universities and the State Board of Nonpublic
  6         Career Education, with an exception, to the
  7         Commission for Independent Education; providing
  8         for membership and duties of the commission;
  9         creating s. 229.008, F.S.; providing for
10         establishment and membership of boards of
11         trustees of universities in the State
12         University System; providing for protections
13         from civil liability; creating s. 229.0081,
14         F.S.; establishing powers and duties of
15         university boards of trustees; creating s.
16         229.0082, F.S.; establishing powers and duties
17         of university presidents; creating s. 229.0083,
18         F.S.; providing legislative intent regarding
19         the School Readiness Act; clarifying and
20         providing responsibilities of the Florida
21         Partnership for School Readiness, the Agency
22         for Workforce Innovation, the Department of
23         Education, and parents relating to school
24         readiness; providing for the addition of
25         members to the Florida Partnership for School
26         Readiness; providing for the development of
27         minimum child care licensing standards;
28         transferring the Florida Partnership for School
29         Readiness from the Executive Office of the
30         Governor to the Agency for Workforce
31         Innovation; transferring the Child Care
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  1         Executive Partnership Program, child care and
  2         early childhood resource and referral, and the
  3         subsidized child care program including
  4         statewide staff to the Agency for Workforce
  5         Innovation; transferring the prekindergarten
  6         early intervention, migrant prekindergarten,
  7         and Florida First Start programs, including
  8         statewide staff, to the Agency for Workforce
  9         Innovation; amending s. 216.136, F.S.; deleting
10         certain duties of the Social Services
11         Estimating Conference; adding staff of the
12         Agency for Workforce Innovation to the School
13         Readiness Program Estimating Conference;
14         amending ss. 232.01, 236.08104, and 445.023,
15         F.S.; conforming language and correcting cross
16         references; effective January 1, 2002,
17         repealing ss. 228.061(1) and (2), 230.23(4)(o),
18         230.2303, 230.2305, and 230.2306, F.S.,
19         relating to preschool and prekindergarten early
20         intervention programs in the public schools,
21         school board provision of early childhood and
22         basic skills development, the Florida First
23         Start Program, the prekindergarten early
24         intervention program, and prekindergarten
25         children service needs assessments; effective
26         July 1, 2002, repealing ss. 230.23166,
27         232.01(1)(d), 234.01(1)(e), and 236.083(1)(f),
28         F.S., relating to teenage parent programs,
29         school attendance for married or pregnant
30         students, transportation for pregnant students
31         or student parents, and the annual allocation
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  1         for such transportation; effective January 1,
  2         2002, repealing ss. 402.28, 402.281(1),
  3         402.3015, 402.3027, 402.3028, 402.305(18),
  4         402.3052, 402.3135(2)(c), and 402.45(2) and
  5         (6), F.S., relating to Child Care Plus, the
  6         Gold Seal Quality Care program rating system,
  7         the subsidized child care program, observation
  8         and assessment of young children in subsidized
  9         child care programs, referral for assessment,
10         the child care technical review panel, the
11         child development associate training grants
12         program, provision of assistance to Child Care
13         Plus facilities, and certain requirements for
14         the community resource mother or father
15         program; effective January 1, 2002, repealing
16         ss. 391.304(1)(a), 411.01(4)(l), (q), (s), and
17         (t), (5)(g), and (9)(c), 411.201, 411.202,
18         411.203, 411.205, 411.22, 411.221, 411.222,
19         411.223, 411.224, 411.23, and 411.231, F.S.,
20         relating to Department of Health coordination
21         with the Department of Education and specified
22         councils, specified duties of the Florida
23         Partnership for School Readiness and school
24         readiness coalition grants and bonuses, the
25         Florida Prevention, Early Assistance, and Early
26         Childhood Act, legislative intent for
27         prevention and early assistance, the prevention
28         and early assistance strategic plan, the State
29         Coordinating Council for School Readiness
30         Programs, uniform standards for preventive
31         health care, a family support planning process,
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  1         and the short title and legislative intent for
  2         the Children's Early Investment Program;
  3         creating s. 229.0084, F.S.; providing a
  4         statement of legislative findings and intent
  5         regarding liability for student achievement and
  6         the autonomy of independent K-12 schools and
  7         home education programs; amending s. 228.082,
  8         F.S.; revising the name of the Florida On-Line
  9         High School to the Florida Virtual High School,
10         which school shall be housed within the
11         Commissioner of Education's Office of
12         Technology and Information Services and
13         monitored by the commissioner; stating the
14         mission of the Florida Virtual High School;
15         deleting obsolete language; revising the duties
16         of the school's board of trustees; requiring
17         the Department of Education to maximize federal
18         indirect cost allowed on federal grants;
19         requiring appropriation for expenditure of
20         funds received from indirect cost allowance;
21         effective June 30, 2002, repealing s. 229.8065,
22         F.S., relating to expenditures for the Knott
23         Data Center and projects, contracts, and grants
24         programs; amending s. 229.085, F.S.; removing
25         an exemption for personnel employed by projects
26         funded by contracts and grants; providing for
27         recommendations on performance-based funding
28         for the State University System; repealing s.
29         235.217(1)(b), (c), and (d), (2), (3)(a), (c),
30         (d), and (e), (4), and (5), F.S., relating to
31         membership and certain duties of the SMART
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    Florida House of Representatives - 2001          CS/CS/HB 1533
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  1         Schools Clearinghouse; repealing ss. 240.145,
  2         240.147, 240.209(2), 240.227, 240.307, and
  3         240.311(4), F.S., relating to the Postsecondary
  4         Education Planning Commission, the powers and
  5         duties of the commission, the Board of Regents
  6         appointment of a Chancellor of the State
  7         University System, powers and duties of
  8         university presidents, the appointment of
  9         members of the State Board of Community
10         Colleges, and the appointment of an executive
11         director of the community college system;
12         providing effective dates.
13
14         WHEREAS, in response to Floridians' amendment of s. 2,
15  Art. IX of the State Constitution requiring a seven-member
16  state board of education appointed by the Governor to
17  staggered 4-year terms, subject to confirmation by the Senate,
18  which "shall appoint the commissioner of education," the 2000
19  Legislature enacted the "Florida Education Governance
20  Reorganization Act of 2000" (chapter 2000-321, Laws of
21  Florida), and
22         WHEREAS, the Florida Education Governance
23  Reorganization Act of 2000 provided legislative policy and
24  guiding principles for a seamless kindergarten through
25  postgraduate education system; provided for the future repeal
26  of existing education entities and statutes; provided for
27  nine-member boards of trustees for each university in the
28  State University System; provided for the establishment and
29  duties of the Florida Board of Education and specified
30  education governance officers; and established the Education
31  Governance Reorganization Transition Task Force charged with
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  1  the duty to make recommendations to the Legislature, pursuant
  2  to a legislatively established timeline, to accomplish a
  3  smooth and orderly transition to the new education system, and
  4         WHEREAS, the Education Governance Reorganization
  5  Transition Task Force was timely appointed and has been
  6  aggressively pursuing its statutory duties by holding meetings
  7  and public hearings throughout the state, consulting with
  8  education stakeholders and national experts, taking public
  9  testimony, and working to expedite its recommendations, NOW,
10  THEREFORE,
11
12  Be It Enacted by the Legislature of the State of Florida:
13
14         Section 1.  Section 229.001, Florida Statutes, is
15  amended to read:
16         229.001  Short title.--This act may be cited as the
17  "Florida Education Governance Reorganization Implementation
18  Act of 2000."
19         Section 2.  Section 229.002, Florida Statutes, is
20  amended to read:
21         229.002  Declaration of policy and guiding
22  principles.--
23         (1)  It is the policy of the Legislature:
24         (a)  To achieve within existing resources true systemic
25  change in education governance by establishing a seamless
26  academic educational system that fosters an integrated
27  continuum of kindergarten through graduate school education
28  for Florida's citizens.
29         (b)  To promote enhanced academic success and funding
30  efficiency by centralizing the governance of educational
31
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  1  delivery systems and aligning responsibility with
  2  accountability.
  3         (c)  To provide consistent education policy vertically
  4  and horizontally across all educational delivery systems,
  5  focusing on students the needs of those receiving education,
  6  not those providing education.
  7         (d)  To provide substantially improved vertical and
  8  horizontal articulation across all educational delivery
  9  systems while ensuring that nonpublic education institutions
10  and home education programs maintain their independence,
11  autonomy, and nongovernmental status.
12         (e)  To provide for devolution of authority to the
13  schools, community colleges, universities, and other education
14  institutions that are the actual deliverers of educational
15  services in order to provide student-centered education
16  services within the clear parameters of the overarching
17  education policy established by the Legislature.
18         (f)  To ensure that independent education institutions
19  and home education programs maintain their independence,
20  autonomy, and nongovernmental status.
21         (2)  The guiding principles for Florida's new education
22  governance are:
23         (a)  A coordinated, seamless system for kindergarten
24  through graduate school education.
25         (b)  A system that is student-centered in every facet.
26         (c)  A system that maximizes education access and
27  provides the opportunity for a high-quality education academic
28  success for all Floridians.
29         (d)  A system that safeguards equity and supports
30  academic excellence.
31
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  1         (e)  A system that provides for local operational
  2  flexibility while promoting accountability for student
  3  achievement and improvement refuses to compromise academic
  4  excellence.
  5         Section 3.  Section 229.003, Florida Statutes, is
  6  amended to read:
  7         229.003  Florida education governance reorganization.--
  8         (1)  Effective January 7, 2003, The Florida Board of
  9  Education, created pursuant to s. 229.004, shall be
10  responsible for overseeing kindergarten through graduate
11  school education, in accordance with the implementation
12  process in s. 229.0072 and the policies and guiding principles
13  in s. 229.002 and the mission and goals of s. 229.007.
14         (2)  Effective January 7, 2003, the Florida Board of
15  Education shall appoint the Commissioner of Education.
16         (2)(3)  Effective January 7, 2003, There are is
17  established the following education governance officers in
18  addition to the Commissioner of Education:
19         (a)  A Chancellor of Public Schools, K-12 Education
20  appointed by the Commissioner of Education.
21         (b)  A Chancellor of Colleges and State Universities,
22  appointed by the Commissioner of Education.
23         (c)  A Chancellor of Community Colleges and Career
24  Preparation, appointed by the Commissioner of Education.
25         (d)  An Executive Director of Independent Nonpublic and
26  Nontraditional Education, appointed by the Commissioner of
27  Education.
28
29  Each chancellor and executive director shall be subject to
30  confirmation by the Florida Board of Education and shall serve
31
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  1  at the pleasure and under the authority of the Commissioner of
  2  Education.
  3         (3)(4)  Effective July 1, 2000, The Governor shall
  4  appoint a seven-member board of trustees for the Florida
  5  Virtual On-Line High School, which shall be a body corporate
  6  with all the powers of a body corporate.
  7         (4)(5)  Effective January 7, 2003, The Governor shall
  8  appoint for each university in the State University System, an
  9  11-member a nine-member board of trustees, which shall be a
10  body corporate with all the powers of a body corporate. In
11  addition to the 11 members, a student body president shall
12  serve as an ex officio nonvoting member of the board of
13  trustees. There shall be no state residency requirement for
14  university board members, but the Governor shall consider
15  diversity and regional representation. Each appointee is
16  subject to confirmation by the Senate in the regular
17  legislative session immediately following his or her
18  appointment All members of the board of trustees of Florida
19  Atlantic University must reside within the service area of the
20  university; three must be residents of Broward County, three
21  must be residents of Palm Beach County, and three may be
22  residents of any county within the service area.
23         (5)  Effective July 1, 2001:
24         (a)  The Board of Regents is abolished.
25         (b)  All of the powers, duties, functions, records,
26  personnel, and property; unexpended balances of
27  appropriations, allocations, and other funds; administrative
28  authority; administrative rules; pending issues; and existing
29  contracts of the Board of Regents are transferred by a type
30  two transfer, pursuant to s. 20.06(2), to the Florida Board of
31  Education.
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  1         (c)  The State Board of Community Colleges is
  2  abolished.
  3         (d)  All of the powers, duties, functions, records,
  4  personnel, and property; unexpended balances of
  5  appropriations, allocations, and other funds; administrative
  6  authority; administrative rules; pending issues; and existing
  7  contracts of the State Board of Community Colleges are
  8  transferred by a type two transfer, pursuant to s. 20.06(2),
  9  from the Department of Education to the Florida Board of
10  Education.
11         (e)  The Postsecondary Education Planning Commission is
12  abolished.
13         (f)  The Center for Education Policy Research and
14  Improvement is created and assigned for administrative
15  purposes to the Office of Program Policy Analysis and
16  Government Accountability (OPPAGA).
17         (g)  All personnel, unexpended balances of
18  appropriations, and allocations of the Postsecondary Education
19  Planning Commission are transferred to the Center for
20  Education Policy Research and Improvement.
21         (h)  The Articulation Coordinating Committee and the
22  Education Standards Commission are transferred by a type two
23  transfer, pursuant to s. 20.06(2), from the Department of
24  Education to the Florida Board of Education.
25         (i)  Notwithstanding the provisions of s. 20.15, the
26  Commissioner of Education shall commence the reorganization of
27  the Department of Education in accordance with s. 229.0073,
28  which shall include an Office of the Commissioner of Education
29  comprised of the general areas of operation that are common to
30  all delivery sectors and, in addition, shall include:
31
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  1         1.  The creation of an Office of Technology and
  2  Information Services, an Office of Workforce and Economic
  3  Development, an Office of Educational Facilities and SMART
  4  Schools Clearinghouse, and an Office of Student Financial
  5  Assistance.
  6         2.  The creation of a Division of Colleges and
  7  Universities.
  8         3.  The creation of a Division of Community Colleges.
  9         4.  The creation of a Division of Public Schools.
10         5.  The creation of a Division of Independent
11  Education.
12         6.  The merger of the powers, duties, and staffs of the
13  State Board of Independent Colleges and Universities and the
14  State Board of Nonpublic Career Education, except as relating
15  to any independent nonprofit college or university whose
16  students are eligible to receive the William L. Boyd, IV,
17  Florida resident access grants pursuant to s. 240.605, into a
18  single Commission for Independent Education administratively
19  housed within the Division of Independent Education.
20         (6)  Effective January 7, 2003, the powers and duties
21  of the following entities are relocated to the Florida Board
22  of Education, which shall retain all related funding and
23  budget authority for purposes of a single, seamless
24  kindergarten through graduate school education system and
25  single or coordinated budget and may retain or redistribute
26  the powers and duties of each entity in accordance with the
27  policies and guiding principles of s. 229.002, and the
28  entities shall cease to exist:
29         (a)  The Board of Regents.
30         (b)  The State Board of Community Colleges.
31
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  1         (c)  The State Board of Independent Colleges and
  2  Universities.
  3         (d)  The State Board of Nonpublic Career Education.
  4         (e)  The Division of Workforce Development of the
  5  Department of Education.
  6         (f)  The Postsecondary Education Planning Commission.
  7         (g)  The Articulation Coordination Committee.
  8         (h)  The Division of Human Resource Development of the
  9  Department of Education.
10         (i)  The Division of Support Services of the Department
11  of Education.
12         (j)  The Division of Administration of the Department
13  of Education.
14         (k)  The Division of Financial Services of the
15  Department of Education.
16         (l)  The Division of Technology of the Department of
17  Education.
18         (m)  The Office of Student Financial Assistance of the
19  Department of Education.
20         (n)  The Division of Universities of the Department of
21  Education.
22         (o)  The Division of Community Colleges of the
23  Department of Education.
24         Section 4.  Section 229.0031, Florida Statutes, is
25  created to read:
26         229.0031  Center for Education Policy Research and
27  Improvement.--Effective July 1, 2001, there is created the
28  Center for Education Policy Research and Improvement to
29  conduct and review education research, provide independent
30  analysis on education progress, and provide independent
31  evaluation of education issues of statewide concern. The
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  1  center shall have an independent advisory council and shall be
  2  housed for administrative purposes in the Office of Program
  3  Policy Analysis and Government Accountability. Administrative
  4  functions of the center shall be provided by the Office of
  5  Legislative Services pursuant to joint policies of the
  6  Legislature.
  7         (1)  The center shall:
  8         (a)  Provide state policymakers, educators, and the
  9  public with objective and timely information that supports the
10  seamless K-20 education system and the K-20 education
11  accountability process designed to provide all students an
12  opportunity for a high-quality education, in accordance with
13  the policies and guiding principles of s. 229.002 and the
14  performance accountability system in s. 229.007.
15         (b)  Annually review and make recommendations to the
16  Legislature regarding the activities of research centers and
17  institutes supported with state funds in order to assess the
18  return on the state's investment in research conducted by
19  public postsecondary education institutions. Such
20  recommendations shall include the responses of the university
21  presidents.
22         (c)  Explore national and state emerging educational
23  issues and examine how these issues should be addressed by
24  education institutions in Florida.
25         (d)  Prepare and submit for approval by the Florida
26  Board of Education a long-range performance plan for K-20
27  education in Florida. Annually review the implementation of
28  the plan and make recommendations for improvement.
29         (e)  Annually report on the progress of public schools
30  and postsecondary education institutions toward meeting
31  educational goals and standards as defined by s. 229.007.
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  1  Recommend to the Legislature and the Florida Board of
  2  Education legislation and rules for the educational
  3  accountability system that support the policies and guiding
  4  principles of s. 229.002.
  5         (f)  Evaluate and report on issues pertaining to
  6  student learning gains.
  7         (g)  Recommend to the Florida Board of Education
  8  revisions and new initiatives to further improve the K-20
  9  education accountability system.
10         (h)  Provide public education institutions and the
11  public with information on the K-20 education accountability
12  system and recommend refinements and improvements.
13         (i)  Apply for and receive grants for the study of K-20
14  education system improvement consistent with its
15  responsibilities.
16         (j)  Conduct annual studies upon the request of the
17  Legislature or the Florida Board of Education.
18         (2)  The center shall operate under the guidance of an
19  independent nine-member advisory council and the guiding
20  principles of s. 229.002.
21         (3)  The advisory council shall be composed of five
22  members appointed by the Governor, two members appointed by
23  the Speaker of the House of Representatives, and two members
24  appointed by the President of the Senate. Each member shall be
25  appointed for a term of 6 years. However, for purposes of
26  continuity, the Governor shall appoint two members, the
27  Speaker of the House of Representatives shall appoint one
28  member, and the President of the Senate shall appoint one
29  member for a first term of 4 years. Members appointed for 4
30  years shall be eligible for one reappointment. Advisory
31  council members shall not include elected officials or
                                  18
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  1  employees of public or independent education entities. Members
  2  shall serve without compensation, but shall be reimbursed for
  3  per diem and travel as provided in s. 112.061. Members who
  4  miss two consecutive meetings shall be subject to replacement
  5  by the appointing officer. The advisory council shall meet at
  6  least four times per year and shall advise the center
  7  executive director and staff on all matters pertaining to the
  8  duties and responsibilities of the center. The advisory
  9  council shall annually evaluate the performance of the center
10  executive director and shall report such evaluations to the
11  Governor.
12         (4)  The executive director of the Center for Education
13  Policy Research and Improvement shall direct the activities of
14  the center and appoint and supervise all staff. The executive
15  director shall have broad knowledge and experience in
16  educational accountability, governance, policy, research, and
17  practice. The executive director shall be appointed by the
18  Governor and confirmed by the Florida Board of Education, and
19  shall serve at the pleasure of the advisory council. The
20  executive director shall staff the meetings of the advisory
21  council and shall document and communicate the findings and
22  recommendations of the advisory council. The executive
23  director shall report to the Florida Board of Education on at
24  least a quarterly basis to inform the board of the center's
25  findings.
26         (5)  The center shall be staffed and funded as provided
27  for in the General Appropriations Act. The center shall have
28  access to all education performance and accountability data
29  collected or maintained by the Department of Education. During
30  the reorganization of the Department of Education as provided
31  for in this act, staff and funding may be transferred from the
                                  19
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  1  Department of Education to the center to fulfill its statutory
  2  functions.
  3         Section 5.  Section 229.004, Florida Statutes, is
  4  amended to read:
  5         229.004  Florida Board of Education.--
  6         (1)(a)  In accordance with the implementation process
  7  in s. 229.0072 Effective January 7, 2003, the Florida Board of
  8  Education is established as a body corporate. The board shall
  9  be a part-time citizen board consisting of seven members
10  appointed by the Governor to staggered 4-year terms, subject
11  to confirmation by the Senate, provided, however, that Senate
12  confirmation is not required for the members of the Florida
13  Board of Education to perform the duties as prescribed in this
14  education governance reorganization implementation act.
15  Members of the board shall serve without compensation, but
16  shall be entitled to reimbursement of travel and per diem
17  expenses in accordance with s. 112.061. Members may be
18  reappointed by the Governor for additional terms not to exceed
19  8 years of consecutive service.
20         (b)  The Governor shall appoint the first chair of the
21  Florida Board of Education who shall serve for 2 years. After
22  expiration of the 2-year term and at the first regular meeting
23  of the board after July 1, the Florida Board of Education
24  shall select a chair and a vice chair from its appointed
25  members. The chair shall serve a 2-year term and may be
26  reselected for one additional consecutive term. The Florida
27  Board of Education shall have a chairperson who shall be
28  appointed by the Governor.
29         (2)  The primary duties of the board shall be to
30  establish education goals and objectives consistent with the
31  policies and guiding principles of s. 229.002 and the mission
                                  20
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  1  and goals of s. 229.007 and, together with the Commissioner of
  2  Education, to oversee the implementation of and enforce
  3  compliance with the education policies established by the
  4  Legislature. The board, and the commissioner, shall establish,
  5  operate, and maintain optimal efficiency of an Office of the
  6  Commissioner of Education pursuant to s. 229.0061(2)(c) in
  7  accordance with the guidelines of ss. 229.0061 and 229.0073
  8  Board of Education.
  9         (3)  In performing its duties, the board, together with
10  the Commissioner of Education, shall:
11         (a)  Ensure accountability and responsiveness to
12  Florida's citizens, including the establishment of a Citizen
13  Information Center that utilizes quick response and
14  customer-friendly methodologies.
15         (b)  Establish and aggressively enforce efficient and
16  effective performance management objectives.
17         (c)  Maximize the effectiveness of local, state, and
18  federal education linkages and funds.
19         (d)  Issue guidelines for the development of
20  legislative budget requests for operations and fixed capital
21  outlay for the coordinated K-20 system.
22         (e)(d)  Recommend one budget or a coordinated budget
23  and long-range program plans based on consistent policies for
24  a seamless kindergarten through graduate school education.
25         (f)(e)  Adopt cohesive rules, within statutory
26  authority, for education systemwide issues, including rules
27  governing systemwide access to educational opportunities, and
28  ensure that rules adopted for the various education delivery
29  systems are compatible.
30         (g)(f)  Ensure articulation and coordination within and
31  across the entire education delivery system.
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  1         (h)(g)  Provide ongoing public information regarding
  2  performance results for the entire kindergarten through
  3  graduate school education system and each of its components.
  4         (4)  The board, with the Commissioner of Education,
  5  shall be responsible for:
  6         (a)  The work of with the Chancellor of Public Schools
  7  K-12 Education to establish, and maintain optimal efficiency
  8  of, a Division an Office of Public Schools, within the
  9  guidelines of ss. 229.0061 and 229.0073, and to achieve the
10  mission and goals of s. 229.007 K-12 Education.
11         (b)  The work of with the Chancellor of Colleges and
12  State Universities to establish, and maintain optimal
13  efficiency of, a Division an Office of Colleges and State
14  Universities, within the guidelines of ss. 229.0061 and
15  229.0073, and to achieve the mission and goals of s. 229.007.
16         (c)  The work of with the Chancellor of Community
17  Colleges and Career Preparation to establish, and maintain
18  optimal efficiency of, a Division an Office of Community
19  Colleges, within the guidelines of ss. 229.0061 and 229.0073,
20  and to achieve the mission and goals of s. 229.007 and Career
21  Preparation.
22         (d)  The work of with the Executive Director of
23  Independent Nonpublic and Nontraditional Education to
24  establish, and maintain optimal efficiency of, a Division an
25  Office of Independent Nonpublic and Nontraditional Education,
26  within the guidelines of ss. 229.0061 and 229.0073 Services.
27         Section 6.  Section 229.005, Florida Statutes, is
28  amended to read:
29         229.005  Florida education governance officers.--
30         (1)  COMMISSIONER OF EDUCATION.--The Commissioner of
31  Education shall work with the Florida Board of Education and
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  1  oversee the other education governance officers to focus be
  2  appointed by the Board of Education from candidates of
  3  national caliber and respected and proven organizational
  4  leadership with established experience in administering
  5  broad-based policy. The commissioner shall be a person who is
  6  eminently capable of focusing the entire kindergarten through
  7  graduate school education system on accomplishing to
  8  accomplish the policies and guiding principles of s. 229.002
  9  and achieving the mission and goals of s. 229.007. The
10  commissioner shall have the ability to successfully provide
11  education policy and planning direction, program development,
12  performance management, and funding allocation recommendations
13  across the spectrum of kindergarten through graduate school
14  education., and the ability to achieve and safeguard the will
15  of the people of Florida as expressed in s. 1, Art. IX of the
16  Florida Constitution, that "adequate provision shall be made
17  by law for a uniform, efficient, safe, secure, and high
18  quality system of free public schools that allows students to
19  obtain a high quality education and for the establishment,
20  maintenance, and operation of institutions of higher learning
21  and other public education programs that the needs of the
22  people may require."
23         (2)  CHANCELLOR OF PUBLIC SCHOOLS K-12 EDUCATION.--The
24  Chancellor of Public Schools K-12 Education shall be appointed
25  by the Commissioner of Education based on his or her ability
26  to work as a division vice president of the seamless K-20
27  education system with the Florida Board of Education and the
28  other education governance officers to comply with the
29  policies and guiding principles of s. 229.002, to achieve the
30  mission and goals of s. 229.007, to enhance the quality of
31  public K-12 education in Florida, and to maximize the equity
                                  23
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  1  of public K-12 education in Florida by moving the focus to the
  2  school site and the individual student., and to achieve and
  3  safeguard the will of the people of Florida as expressed in s.
  4  1, Art. IX of the Florida Constitution, that "adequate
  5  provision shall be made by law for a uniform, efficient, safe,
  6  secure, and high quality system of free public schools that
  7  allows students to obtain a high quality education. . . ."
  8         (3)  CHANCELLOR OF COLLEGES AND STATE
  9  UNIVERSITIES.--The Chancellor of Colleges and State
10  Universities shall be appointed by the Commissioner of
11  Education based on his or her ability to work as a division
12  vice president of the seamless K-20 education system with the
13  Florida Board of Education and the other education governance
14  officers to comply with the policies and guiding principles of
15  s. 229.002, to achieve the mission and goals of s. 229.007, to
16  enhance the national reputation and quality of education and
17  educational research in Florida's colleges and state
18  universities, and to work directly with each of the college
19  and state university presidents and boards of trustees in
20  focusing on the education and educational research needs of
21  the individual college or university and its students.
22         (4)  CHANCELLOR OF COMMUNITY COLLEGES AND CAREER
23  PREPARATION.--The Chancellor of Community Colleges and Career
24  Preparation shall be appointed by the Commissioner of
25  Education based on his or her ability to work as a division
26  vice president of the seamless K-20 education system with the
27  Florida Board of Education and the other education governance
28  officers to comply with the policies and guiding principles of
29  s. 229.002, to achieve the mission and goals of s. 229.007, to
30  enhance the quality of education in Florida's community
31  colleges, and to work directly with each of the community
                                  24
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  1  college presidents and boards of trustees in focusing on the
  2  education needs of the communities and students they serve.
  3         (5)  EXECUTIVE DIRECTOR OF INDEPENDENT NONPUBLIC AND
  4  NONTRADITIONAL EDUCATION.--The Executive Director of
  5  Independent Nonpublic and Nontraditional Education shall be
  6  appointed by the Commissioner of Education based on his or her
  7  ability to work as a division vice president of the seamless
  8  K-20 education system with the Florida Board of Education and
  9  the other education governance officers to comply with the
10  policies and guiding principles of s. 229.002, to protect the
11  independence, autonomy, and nongovernmental status of
12  independent education in Florida, to enhance the quality and
13  expand the offerings and innovations of independent nonpublic
14  and nontraditional education in Florida, to establish
15  partnerships with independent nonpublic education providers at
16  all levels to achieve these goals, and to work directly with
17  the Board of Trustees of the Florida Virtual On-Line High
18  School and with Florida's private school associations, home
19  education associations, independent nonpublic career education
20  institutions, and independent colleges and universities to
21  maximize educational choice and enhance the options,
22  educational alternatives, and student-focused delivery for
23  their students.
24         Section 7.  Subsections (1), (4), (5), (6), and (7) of
25  section 229.006, Florida Statutes, are amended to read:
26         229.006  Education Governance Reorganization Transition
27  Task Force.--
28         (1)  In order to accomplish a smooth transition on
29  January 7, 2003, from the elected State Board of Education to
30  the appointed Florida Board of Education, there shall be
31  established the Education Governance Reorganization Transition
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  1  Task Force. All members of the task force shall be appointed
  2  as soon as feasible but not later than October 1, 2000. The
  3  task force shall be comprised of:
  4         (a)  Five members appointed by the Governor;
  5         (b)  Three members appointed by the President of the
  6  Senate; and
  7         (c)  Three members appointed by the Speaker of the
  8  House of Representatives.
  9
10  The transition task force shall be charged with the duty to
11  identify issues, conduct research, develop the necessary
12  procedural and substantive framework, and make recommendations
13  to the Legislature for an orderly 3-year phase-in for a
14  seamless education continuum and a single or coordinated
15  kindergarten through graduate school budget in accordance with
16  the policies and guiding principles of s. 229.002, so that the
17  Florida Board of Education may immediately begin its work on
18  January 7, 2003, with maximum effectiveness.
19         (4)  Having completed its recommendations to the
20  Legislature by March 1, 2001, the transition task force shall
21  redirect its focus to provide guidance and monitoring of the
22  implementation process pursuant to s. 229.0072 and to
23  regularly report to the Governor, the Legislature, the chief
24  transition officer, and the public on the progress of the
25  reorganization implementation process. If any implementation
26  activity is determined by a majority vote of the task force to
27  be inconsistent with the intent of this act, the chair of the
28  task force shall report such activity directly to the State
29  Board of Education, and the State Board of Education shall act
30  immediately to resolve the dispute. recommend to the
31  Legislature:
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  1         (a)  How best to achieve education system integration
  2  by:
  3         1.  Combining appropriate education functions and
  4  policies into or under the new Florida Board of Education.
  5         2.  Devolving the education delivery services and
  6  operational decisions to the appropriate location of delivery
  7  to students, specifically the schools, community colleges,
  8  colleges, universities, area technical centers, and other
  9  education institutions or places where the students receive
10  their education.
11         3.  Providing for a single or coordinated kindergarten
12  through graduate school education budget.
13         (b)  How best to achieve economies in education
14  services, including recommendations concerning consolidation
15  of information systems and integrated performance and
16  financial accounting systems, while maximizing effectiveness
17  within existing resources and staff.
18         (c)1.  Which, if any, current education staff functions
19  and resources should be eliminated, transferred, or realigned
20  within the proposed new education organizational structure.
21         2.  A recommended salary structure for the Commissioner
22  of Education and for the chancellors.
23         (d)  Whether an Office of Policy Research should be
24  established to explore emerging issues, locate successful and
25  innovative educational programs, and make recommendations to
26  the Governor, the Florida Board of Education, and the
27  Legislature and, if so, its mission, staffing, and location.
28         (e)  The optimal mission of the Florida On-Line High
29  School and a methodology for the operation and funding of the
30  school to achieve that mission.
31
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  1         (f)  The optimal location and structure of the Florida
  2  Partnership for School Readiness.
  3         (5)  By March 1, 2002, the transition task force shall
  4  recommend to the Legislature:
  5         (a)  Standards, definitions, and guidelines for
  6  universities, colleges, community colleges, schools, and other
  7  education institutions to ensure the quality of education,
  8  systemwide coordination, and efficient progress toward
  9  attainment of their appropriate missions.
10         (b)  Rules and procedures as necessary to be followed
11  by university boards of trustees, community college boards of
12  trustees, and other boards of trustees, as determined
13  appropriate, for recruitment and selection of presidents,
14  procedures for annual evaluations of presidents, and
15  procedures for interaction between presidents, the boards of
16  trustees, and the new Florida Board of Education.
17         (c)  A systemwide strategic plan for postsecondary
18  institutions that considers the role, in their respective
19  communities, of each of the institutions.
20         (d)  Methodologies for degree program approval,
21  establishment of matriculation and tuition fees, and
22  coordination of colleges' and universities' budget requests.
23         (e)  Any additional statutory changes needed during the
24  2002 legislative session to complete the education governance
25  reorganization transition.
26         (6)  By March 1, 2003, the transition task force shall
27  recommend to the Legislature:
28         (a)  Statutory changes necessary to accomplish the
29  policies and guiding principles of s. 229.002, including, but
30  not limited to, statutory changes necessitated by the repeal
31  and review provisions of subsection 3(8) of this act.
                                  28
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  1         (b)  Rulemaking authority for the new Florida Board of
  2  Education and a plan and timetable for transition or
  3  coordination of existing education sector agency rules and
  4  rulemaking authority recommendations, if any, for education
  5  agencies.
  6         (c)  Waiver authority, if any, for the Commissioner of
  7  Education or the Florida Board of Education.
  8         (5)(7)  By March May 1, 2003, the transition task force
  9  shall have completed its duties and shall make its final
10  report to the Governor, the Florida Board of Education, the
11  Commissioner of Education, the President of the Senate, the
12  Speaker of the House of Representatives, and the minority
13  leaders of each chamber.  The final report shall include, but
14  is not limited to:
15         (a)  A summary of the work and recommendations of the
16  task force and the status of full implementation of the K-20
17  education system.
18         (b)  The status of all pending and completed actions on
19  orders and rules, all enforcement matters, and all
20  delegations, interagency agreements, and contracts with
21  federal, state, regional, and local governments and private
22  entities.
23         (c)  Identification of any remaining or potential
24  duplication in the administration of state education laws and
25  rules, with specific recommendations to eliminate such
26  duplication and promote more efficient administration.
27         Section 8.  Section 229.0061, Florida Statutes, is
28  created to read:
29         229.0061  Florida's K-20 education system; guidelines
30  for implementation; guidelines for structure, functions, and
31  organization.--
                                  29
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  1         (1) GUIDELINES FOR IMPLEMENTATION.--
  2         (a)  Florida's seamless K-20 education system shall be
  3  a decentralized system in which as many commissions, boards,
  4  councils, and other excess layers of bureaucracy as possible
  5  are eliminated.
  6         (b)  Florida's K-20 education system shall rely on a
  7  single entity, the Florida Board of Education, as its single
  8  strategic voice. If the board desires assistance on matters of
  9  policy research or other issues, the board shall be authorized
10  to appoint a committee or committees to assist it on any and
11  all issues within the K-20 education system on an ad hoc
12  basis.
13         (c)  Members of the Florida Board of Education shall
14  focus on high-level policy decisions.
15         (d)  It is essential to the success of Florida's
16  seamless K-20 education system to have a fully operational
17  systemwide technology plan based on a common set of data
18  definitions.
19         (2)  GUIDELINES FOR STRUCTURE, FUNCTIONS, AND
20  ORGANIZATION.--
21         (a)  Roles of the Legislature, the Florida Board of
22  Education, the education governance officers, and the
23  institutional boards of trustees and school boards.--The
24  Legislature shall establish education policy, enact education
25  laws, and appropriate and allocate education resources. The
26  Florida Board of Education shall enforce all laws, rules, and
27  guidelines and shall timely provide direction, resources,
28  assistance, intervention when needed, and strong incentives
29  and disincentives to force accountability for results. In
30  terms of major areas of responsibility, the Legislature, the
31  Florida Board of Education, the education governance officers,
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  1  and the institutional boards of trustees and school boards
  2  shall each perform essential constituent roles.
  3         (b)  Florida Board of Education.--The Florida Board of
  4  Education shall serve as the body corporate for Florida's
  5  seamless K-20 education system; implement the coordinated
  6  education vision; and, together with the commissioner,
  7  chancellors, and executive director, oversee the success of
  8  that vision. The Florida Board of Education shall:
  9         1.  Enforce systemwide education policies and goals.
10         2.  Recommend annually the coordinated education budget
11  and authorize the allocation of resources in accordance with
12  law and rule. Any program recommended by the Florida Board of
13  Education which requires state funding for more than 1 year
14  must be presented in a multiyear budget plan.
15         3.  Adopt long-term and short-term education plans.
16         4.  Enforce education accountability standards and
17  measures of all components of the K-20 education system.
18         5.  Accurately and continuously assess data and monitor
19  and report performance.
20         6.  Provide high-quality assistance and intervention
21  when and where needed.
22         7.  Provide timely and accurate information on all
23  public and independent education services.
24         8.  Recommend to the Legislature the missions of the
25  public colleges and universities and community colleges.
26         (c)  Commissioner of Education.--The Commissioner of
27  Education shall serve as secretary and executive director of
28  the State Board of Education. The commissioner shall propose
29  action on all issues that come before the state board and be
30  responsible for enforcing compliance with the mission and
31  goals of the seamless K-20 education system by all education
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  1  delivery sectors. The commissioner's office shall operate all
  2  statewide functions necessary to support the Florida Board of
  3  Education and the seamless K-20 education system, including
  4  the following areas:
  5         1.  Legal.
  6         2.  Communications, including a Citizen Information
  7  Center that provides quick response and uses customer-friendly
  8  methods.
  9         3.  Strategic planning and budget development.
10         4.  General administration.
11         5.  Assessment and accountability.
12         6.  Data management, education technology, and an
13  education data warehouse.
14         7.  Access and opportunity, including student financial
15  assistance.
16         8.  Policy research and development, except the Center
17  for Education Policy Research and Improvement.
18         9.  Florida Board of Education personnel.
19         10.  Workforce and economic development.
20         11.  Educational facilities.
21         12.  Technology and information services.
22         13.  Student financial assistance.
23         14.  Inspector General.
24         (d)  Chancellors and executive director.--The
25  chancellors of the public schools, community colleges, and
26  colleges and universities divisions and the Executive Director
27  of the Division of Independent Education shall serve the
28  Florida Board of Education and the Commissioner of Education
29  in the role of division vice presidents of the K-20 education
30  system and as governance officers and critical members of the
31  state-level education leadership team. They shall each be held
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  1  responsible for providing leadership, administering programs,
  2  resolving disputes, providing technical assistance, and timely
  3  recommending action plans to the commissioner for sanctions or
  4  intervention when needed, as well as making recommendations to
  5  the board and the commissioner for strategic planning and
  6  budget development for their respective education delivery
  7  sectors. They shall support the governing policies and
  8  responsibilities of the board and the commissioner and bear
  9  primary responsibility for the achievement of the mission and
10  goals of the K-20 education system by their education delivery
11  sectors, as applicable to their sectors. They shall reinforce
12  the policies and principles of the seamless K-20 education
13  system in every venue and at every opportunity, and work
14  together to facilitate horizontal communications and
15  interactions between the education delivery sectors.
16  Specifically, as applicable, each education governance officer
17  shall:
18         1.  Serve as the head of the division.
19         2.  Supervise all employees and work of the division.
20         3.  Properly and timely inform education institutions
21  and the public as to legislative action, including funding,
22  grant opportunities, and substantive policy changes affecting
23  the division.
24         4.  Direct the review of expenditures of public funds
25  in accordance with legislative intent.
26         5.  Evaluate the performance of each education
27  institution under the division and report performance results
28  to the public, the Legislature, the Commissioner of Education,
29  the Florida Board of Education, and the institution and its
30  governing board.
31
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  1         6.  Direct institutional governing boards to take
  2  corrective action to improve unsatisfactory performance
  3  pursuant to law and rules of the Florida Board of Education.
  4         7.  Direct and oversee the development of the
  5  division's accountability system and recommend changes to the
  6  Commissioner of Education and the Florida Board of Education.
  7         8.  Direct the division's activities in order to
  8  coordinate with other divisions to provide a seamless
  9  education system.
10         9.  Direct the provision of state services to
11  institutions under the division.
12         10.  Direct the development of the division's
13  legislative budget request and work cooperatively with the
14  commissioner and other governance officers to develop a
15  coordinated budget request.
16         11.  Serve as the primary point of contact and
17  communication for the division.
18         (e)  Institutional boards of trustees and school
19  boards.--Each institutional board of trustees and school board
20  shall:
21         1.  Provide strategic planning and budget development
22  for their institution or school district.
23         2.  Implement and maintain high-quality education
24  programs within law and rules of the Florida Board of
25  Education.
26         3.  Measure and enforce performance.
27         4.  Provide timely and accurate reporting of
28  information.
29         5.  Provide direct input on education issues to the
30  education governance officers.
31
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  1         6.  Have broad latitude within law and rules of the
  2  Florida Board of Education in developing local policies and
  3  local programs to meet the needs of their students, their
  4  communities, and area employers.
  5         7.  Hold presidents and appointed superintendents
  6  responsible for institution and school performance.
  7         8.  Be responsible for the fiscal accountability of
  8  their institution or school district.
  9         9.  Be responsible for compliance with all laws, rules
10  of the Florida Board of Education, and performance
11  accountability requirements.
12         (f)  Presidents and superintendents.--Each
13  institutional president and school district superintendent
14  shall:
15         1.  Be responsible for efficient and effective budget
16  and program administration.
17         2.  Provide strong leadership to accomplish their
18  education missions and goals.
19         3.  Closely monitor education performance.
20         4.  Provide timely and accurate financial and
21  performance data.
22         5.  Link instructional staff evaluations to student
23  performance.
24         (g)  Ad hoc advisory committees.--Advisory bodies shall
25  be appointed on an ad hoc basis by the Florida Board of
26  Education to serve the board, commissioner, and chancellors
27  when and as needed by studying and recommending action on
28  major issues that affect the direction and quality of
29  education, providing public forums for debate, and
30  safeguarding a coordinated systemwide approach to education
31  policy decisions.
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  1         Section 9.  Section 229.007, Florida Statutes, is
  2  created to read:
  3         229.007  Florida's K-20 education performance
  4  accountability system; legislative intent; mission, goals, and
  5  systemwide measures.--
  6         (1)  LEGISLATIVE INTENT.--It is the intent of the
  7  Legislature that:
  8         (a)  The performance accountability system implemented
  9  to assess the effectiveness of Florida's seamless K-20
10  education delivery system provide answers to the following
11  questions in relation to its mission and goals:
12         1.  What is the public getting in return for funds it
13  invests in education?
14         2.  How is Florida's K-20 education system performing
15  in terms of educating its students?
16         3.  How are the major delivery sectors performing to
17  promote student achievement?
18         4.  How are individual schools and postsecondary
19  education institutions performing their responsibility to
20  educate their students as measured by how students are
21  performing and how much they are learning?
22         (b)  The Florida Board of Education recommend to the
23  Legislature systemwide performance standards; the Legislature
24  establish systemwide performance measures and standards; and
25  the systemwide measures and standards provide Floridians with
26  information on what the public is getting in return for the
27  funds it invests in education and how well the K-20 system
28  educates its students.
29         (c)  The Florida Board of Education establish
30  performance measures and set performance standards for
31  individual components of the public education system,
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  1  including individual schools and postsecondary education
  2  institutions, which measures and standards are based primarily
  3  on student achievement.
  4         (2)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The
  5  mission of Florida's K-20 education system, when it becomes
  6  fully operational, shall be to increase the proficiency of all
  7  students within one seamless, efficient system, by providing
  8  them with the opportunity to expand their knowledge and skills
  9  through learning opportunities and research valued by
10  students, parents, and communities, and to maintain an
11  accountability system that measures student progress toward
12  the following goals:
13         (a)  Highest student achievement, as measured by:
14  student FCAT performance and annual learning gains; the number
15  and percentage of schools that improve at least one school
16  performance grade designation or maintain a school performance
17  grade designation of "A" pursuant to s. 229.57; graduation or
18  completion rates at all learning levels; and other measures
19  identified in law or rule.
20         (b)  Seamless articulation and maximum access, as
21  measured by: the percentage of students who demonstrate
22  readiness for the educational level they are entering, from
23  kindergarten through postsecondary education and into the
24  workforce; the number and percentage of students needing
25  remediation; the percentage of Floridians who complete
26  associate, baccalaureate, professional, and postgraduate
27  degrees; the number and percentage of credits that articulate;
28  the extent to which each set of exit-point requirements
29  matches the next set of entrance-point requirements; and other
30  measures identified in law or rule.
31
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  1         (c)  Skilled workforce and economic development, as
  2  measured by: the number and percentage of graduates employed
  3  in their areas of preparation; the percentage of Floridians
  4  with high school diplomas and postsecondary education
  5  credentials; the percentage of business and community members
  6  who find that Florida's graduates possess the skills they
  7  need; and other measures identified in law or rule.
  8         (d)  Quality efficient services, as measured by: cost
  9  per completer or graduate; average cost per noncompleter at
10  each educational level; cost disparity across institutions
11  offering the same degrees; the percentage of education
12  customers at each educational level who are satisfied with the
13  education provided; and other measures identified in law or
14  rule.
15         Section 10.  Section 229.0072, Florida Statutes, is
16  created to read:
17         229.0072  Reorganization implementation process.--In
18  order to best achieve the legislative purpose of the Florida
19  Education Governance Reorganization Implementation Act:
20         (1)  The Governor shall appoint the members of the
21  boards of trustees of the state universities in accordance
22  with s. 229.008.
23         (2)  Effective July 1, 2001, the Governor shall appoint
24  a seven-member Florida Board of Education. The Florida Board
25  of Education shall be housed within, and operate under the
26  direction of, the State Board of Education. The Florida Board
27  of Education shall appoint a chief transition officer who
28  shall serve as the board's primary liaison with all entities
29  involved in the reorganization of education. The chief
30  transition officer shall be responsible directly to the
31  Florida Board of Education and shall serve as staff to the
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  1  board on all action items relating to the reorganization.
  2  During the reorganization implementation period, the chief
  3  transition officer shall:
  4         (a)  Be responsible for proposing actions regarding all
  5  education governance reorganization implementation issues.
  6         (b)  Be responsible for integration of the Department
  7  of Education as it is reorganized into an agency of the
  8  Governor.
  9         (c)  Serve as secretary of the Florida Board of
10  Education.
11         (d)  Serve as the head of the Education Reorganization
12  Workgroup.
13         (e)  Serve as the head of the K-20 education leadership
14  team.
15         (3)  The Florida Board of Education shall establish a
16  detailed procedure for the implementation of a systemwide K-20
17  technology plan which includes a month-by-month timeline with
18  monthly progress reports to the board.
19         (4)  Subject to review and approval of the State Board
20  of Education, the Florida Board of Education shall:
21         (a)  Adopt rules pursuant to ss. 120.536(1) and 120.54
22  to implement provisions of law conferring duties upon it. The
23  rules shall be submitted to the State Board of Education. If
24  any rule is not disapproved by the State Board of Education
25  within 45 days after its receipt, the rule shall be filed
26  immediately with the Department of State.
27         (b)  Prepare and submit a coordinated K-20 education
28  budget to the Governor and Legislature that clearly defines
29  the individual needs of the divisions within the Department of
30  Education. No school district shall use public funds to
31  support activities of an employee organization. The Florida
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  1  Board of Education shall adopt rules implementing this
  2  restriction on the use of public funds and shall not allow
  3  such use of public funds to be included in its recommended
  4  budget, except for collective bargaining negotiations.
  5         (c)  Establish a work plan and timeline for the orderly
  6  implementation of the transition, including a fully detailed
  7  plan and timeline for the devolution of duties, as
  8  appropriate, to the university boards of trustees.
  9         (d)  Establish accountability standards for existing
10  legislative performance goals, standards, and measures, and
11  order the development of mechanisms to implement new
12  legislative goals, standards, and measures.
13         (e)  Supervise the coordination of institutions and
14  delivery sectors.
15         (f)  Establish policies for university and community
16  college boards of trustees to follow in selecting presidents.
17         (g)  Approve plans and reports, and take other
18  necessary actions pertaining to the supervision of education.
19         (h)  Effectuate the timely implementation of the
20  seamless K-20 education system.
21         (i)  Establish advisory boards to provide the support
22  needed to address issues such as public education facilities
23  planning; student issues; instructional issues; distance
24  learning and technology; academic quality, freedom, and
25  responsibility; and research.
26         (j)  Develop and review recommendations on issues of
27  statewide importance, such as technology systems and
28  facilities.
29         (k)  Adopt criteria and implementation plans for future
30  growth issues, such as new colleges and universities and
31
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  1  campus mergers; and provide for cooperative agreements between
  2  and within public and private education sectors.
  3         (l)  Advise the State Board of Education regarding the
  4  issuance of bonds.
  5         (m)  Appoint advisory bodies, as necessary, on an ad
  6  hoc basis.
  7         (n)  Develop and recommend to the Education Governance
  8  Reorganization Transition Task Force, the Governor, the chief
  9  transition officer, the Commissioner of Education, and the
10  Legislature, no later than January 1, 2002, for adoption
11  during 2002, a clear, concise new School Code, comprised of
12  the revision of chapters 228-246, to accomplish the
13  implementation, administration, and operation of Florida's
14  seamless K-20 education system in accordance with the
15  guidelines included in s. 229.0061.
16         (o)  Receive, review, and make decisions regarding
17  charter school appeals, which decisions shall be binding
18  notwithstanding any provision of law to the contrary.
19         (5)  Effective July 1, 2001, the Commissioner of
20  Education shall:
21         (a)  Work with the Florida Board of Education to
22  achieve full implementation of the seamless K-20 education
23  system.
24         (b)  Commence reorganization of the Department of
25  Education as a state agency of the Governor in accordance with
26  legislative guidelines pursuant to s. 229.0073, the
27  requirements of s. 229.003(5), and requests of the Florida
28  Board of Education as approved by the State Board of
29  Education.
30         (c)  As secretary of the State Board of Education,
31  assist the chief transition officer in determining the agenda
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  1  for the Florida Board of Education and provide the Florida
  2  Board of Education and the State Board of Education the full
  3  support of the reorganized Department of Education.
  4         Section 11.  Section 229.0073, Florida Statutes, is
  5  created to read:
  6         229.0073  Reorganization of the Department of
  7  Education.--Effective July 1, 2001, notwithstanding the
  8  provisions of s. 20.15, the chief transition officer's
  9  Education Reorganization Workgroup is established to direct
10  and provide oversight for the reorganization of Florida's K-20
11  Department of Education. The workgroup shall be comprised of
12  the Commissioner of Education, the Governor or his designee,
13  the chief transition officer, the Chancellor of Colleges and
14  Universities, the Chancellor of Community Colleges, the
15  Chancellor of Public Schools, and the Executive Director of
16  Independent Education, who shall consult with the legislative
17  members of the Education Governance Reorganization Transition
18  Task Force. The reorganization shall:
19         (1)  Eliminate duplication across divisions; achieve
20  greater efficiencies in financial and human resources and
21  education services; and identify functions, resources, and
22  services that should be eliminated, transferred, or realigned.
23         (2)  Include a review and assessment of all bureaus,
24  offices, divisions, and functions of the department
25  reorganized pursuant to this section.
26         (3)  Establish an Office of the Commissioner of
27  Education that includes the general areas of operation that
28  are common to all delivery sectors, such as administration,
29  communication, legal services, financial aid, and government
30  and public relations, in order to increase efficiency, improve
31
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  1  service delivery to students, and fully support the
  2  operational needs of the Florida Board of Education.
  3         (4)  Establish the following divisions within the
  4  department:
  5         (a)  Division of Public Schools (K-12).--The state's
  6  public elementary, middle, junior high, and high schools, as
  7  well as combination schools, charter schools, district magnet
  8  programs, and area technical centers.
  9         (b)  Division of Community Colleges.--The state's 28
10  public community colleges.
11         (c)  Division of Colleges and Universities.--The
12  state's public universities and colleges and the 4-year
13  independent colleges and universities whose students are
14  eligible to receive the William L. Boyd, IV, Florida resident
15  access grants pursuant to s. 240.605, to enable more effective
16  articulation between these public and private institutions.
17  The division chancellor shall administer those provisions of
18  chapter 246 that apply to the independent colleges and
19  universities within the division and shall establish a liaison
20  responsible for partnerships that enhance articulation between
21  and communication with Florida's 4-year independent colleges
22  and universities.
23         (d)  Division of Independent Education.--The
24  independent education providers within the state, including
25  home education programs that meet the requirements of s.
26  232.0201, private K-12 institutions as described in s.
27  229.808, independent colleges and universities, except those
28  identified under paragraph (c), and private postsecondary
29  career preparation and vocational training institutions.
30         1.  The division shall be under an executive director
31  and shall house a new commission, appointed by the Governor,
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  1  to oversee licensing of independent postsecondary
  2  institutions, consumer protection, and program improvement.
  3  The commission shall have the powers and duties of the State
  4  Board of Independent Colleges and Universities specified in
  5  chapter 246, except the powers and duties relating to those
  6  institutions identified under paragraph (c), and of the State
  7  Board of Nonpublic Career Education.
  8         2.  The division shall serve as the advocate for and
  9  liaison to the independent education providers identified in
10  this paragraph.
11         3.  The executive director of the division shall
12  establish a mechanism for regular interaction and input from
13  independent education providers in the development of policies
14  that provide seamless articulation for all students.
15         4.  The division shall afford students and parents
16  educational options apart from the public K-20 system.
17         (5)  Establish the following offices within the Office
18  of the Commissioner of Education which shall coordinate their
19  activities with all other divisions and offices:
20         (a)  Office of Technology and Information Services.--In
21  conjunction with the Chancellor of Public Schools, the
22  Chancellor of Community Colleges, and the Chancellor of
23  Colleges and Universities, the office shall be responsible for
24  developing a systemwide technology plan, making budget
25  recommendations to the commissioner, providing data collection
26  and management for the system, and coordinating services with
27  other state, local, and private agencies. The office shall
28  develop a method to address the need for a statewide approach
29  to planning and operations of library and information services
30  to achieve a single K-20 education system library information
31  portal and a unified higher education library management
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  1  system. The Florida Virtual High School shall be
  2  administratively housed within the office.
  3         (b)  Office of Workforce and Economic Development.--The
  4  office shall evaluate the role of each sector of education in
  5  Florida's workforce and economic development, assess the
  6  specific work skills and variety of careers provided, and
  7  report to the Florida Board of Education the effectiveness of
  8  each sector.
  9         (c)  Office of Educational Facilities and SMART Schools
10  Clearinghouse.--The office shall validate all educational
11  plant surveys and verify Florida Inventory of School Houses
12  (FISH) data.  The office shall provide technical assistance to
13  public school districts when requested.  The office, staff,
14  property, and functions of the SMART Schools Clearinghouse are
15  transferred by a type two transfer, pursuant to s. 20.06(2),
16  from the Department of Management Services to the Office of
17  Educational Facilities and SMART Schools Clearinghouse within
18  the Office of the Commissioner of Education.
19         (d)  Office of Student Financial Assistance.--The
20  office shall provide access to and administer state and
21  federal grants, scholarships, and loans to those students
22  seeking financial assistance for postsecondary study pursuant
23  to program criteria and eligibility requirements.
24         (6)  Establish a K-20 education leadership team,
25  including, but not limited to, the chief transition officer
26  and the education governance officers. The leadership team
27  shall be responsible for systemwide horizontal and vertical
28  communication, and assisting the achievement of the seamless
29  K-20 education system.
30         Section 12.  Section 229.0074, Florida Statutes, is
31  created to read:
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  1         229.0074  Division of Independent Education.--
  2         (1)  The mission of the Division of Independent
  3  Education is to enhance the opportunity to raise the
  4  educational attainment levels of students pursuing their
  5  education in nongovernment settings by representing their
  6  interests, and those of the institutions that serve them, in
  7  the Department of Education. The Division of Independent
  8  Education has no authority over the institutions or students
  9  in Florida's independent education sector. The Commission for
10  Independent Education, administratively housed within the
11  division, shall have such authority as specified in chapter
12  246 relating to independent postsecondary education, except
13  regarding those institutions described in s. 229.0073(4)(c).
14  The division shall serve as the advocate for, and liaison to,
15  independent education providers and institutions, including
16  home education programs that meet the requirements of s.
17  232.0201, private K-12 institutions as described in s.
18  229.808, independent colleges and universities except as
19  otherwise provided in s. 229.0073(4)(c), and private
20  postsecondary career preparation/vocational training
21  institutions.
22         (2)  The executive director of the division shall
23  establish a mechanism for regular interaction and input from
24  independent education providers in the development of policies
25  that provide seamless articulation for all students. The
26  executive director shall:
27         (a)  Learn the interests and concerns of the students
28  and providers of independent education at all levels in order
29  to strongly represent them in the Department of Education.
30         (b)  Articulate the interests and concerns of the
31  students and providers of independent education at all levels
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  1  in all relevant government settings, accurately reflecting the
  2  consensus or differences in opinion among those represented.
  3         (c)  Participate with the other division heads in key
  4  education decisionmaking processes.
  5         (d)  Monitor and participate in rulemaking and other
  6  activities relevant to the interests of the independent
  7  education sector.
  8         (e)  Serve as a key spokesperson for the independent
  9  education sector.
10         (f)  Advocate for any necessary educational services
11  and funds for independent education sector families and
12  schools.
13         (g)  Establish a clearinghouse of information.
14         (h)  Foster a collaborative spirit and working
15  relationship among the institutions of the private and public
16  sectors.
17         (i)  Identify and convey the best practices of the
18  independent education sector for the benefit of the other
19  education delivery sectors, and vice versa.
20         (j)  Augment, where appropriate, the efforts of groups
21  representing the students and providers of independent
22  education to communicate their concerns to government.
23         (k)  Facilitate the administration of education
24  services provided by the Department of Education to the
25  independent education sector, such as those relating to
26  teacher certification and background checks.
27         (l)  Encourage student-centered funding and the
28  expansion of family choice in education.
29         (m)  Develop and propose courses of action to the
30  representatives of the independent education sector.
31
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  1         (n)  Communicate relevant decisions to the independent
  2  education sector.
  3         (o)  Establish and oversee the division staff necessary
  4  to carry out the division's functions in the most economical
  5  and effective manner.
  6         (p)  Evaluate pending policies to ensure they do not
  7  place additional regulation or mandates on the independent
  8  education community.
  9         (3)  The powers and duties of the State Board of
10  Independent Colleges and Universities and the State Board of
11  Nonpublic Career Education, except as relating to any
12  independent nonprofit college or university whose students are
13  eligible to receive the William L. Boyd, IV, Florida resident
14  access grants pursuant to s. 240.605, shall be combined and
15  transferred to a single board named the Commission for
16  Independent Education, which shall be administratively housed
17  within the division. This single board shall authorize
18  granting of certificates, diplomas, and degrees for
19  independent postsecondary education institutions through
20  exemption, registration, authorization, and licensing.
21         (4)  The Commission for Independent Education shall
22  consist of six citizens who are residents of this state.  The
23  commission shall function in matters relating to independent
24  postsecondary education institutions in consumer protection,
25  program improvement, registration, authorization, licensure,
26  and certificate of exemption from licensure for institutions
27  under its purview, in keeping with the stated goals of the
28  seamless K-20 education system.  The commission shall appoint
29  an executive director to serve as secretary of the commission
30  and shall elect a chair and other officers as needed from
31  among its membership.  Members of the commission shall be
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  1  appointed by the Governor and confirmed by the Senate.  The
  2  commission shall be composed of six members, as follows:
  3         (a)  One member from an independent college or
  4  university that enrolls students who receive state or federal
  5  financial aid.
  6         (b)  One member from an independent college or
  7  university that does not enroll students who receive state or
  8  federal financial aid excluding veteran's benefits.
  9         (c)  One member from an independent nondegree granting
10  school that enrolls students who receive state or federal
11  financial aid.
12         (d)  One member from a public school district or
13  community college who is an administrator of
14  vocational-technical education.
15         (e)  Two lay members who are not affiliated with an
16  independent postsecondary education institution.
17         (5)  The establishment of the Division of Independent
18  Education shall not be construed to advance the extension or
19  expansion of government regulation on independent or home
20  education programs.
21         Section 13.  Section 229.008, Florida Statutes, is
22  created to read:
23         229.008  Boards of trustees of the state
24  universities.--
25         (1)(a)  Effective July 1, 2001, and no later than
26  November 1, 2001, the Governor shall appoint an 11-member
27  board of trustees for each university in the State University
28  System, each member to be confirmed by the Senate in the
29  regular legislative session immediately following his or her
30  appointment. In addition, a student body president shall serve
31  as an ex officio nonvoting member of his or her university
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  1  board of trustees. The ex officio student member shall provide
  2  input to the board of trustees regarding agenda issues. There
  3  shall be no state residency requirement for university board
  4  members, but the Governor shall consider diversity and
  5  regional representation. Members of the boards of trustees
  6  shall receive no compensation but may be reimbursed for travel
  7  and per diem expenses as provided in s. 112.061.
  8         (b)  The Governor may remove a trustee upon the
  9  recommendation of the Florida Board of Education, or for
10  cause.
11         (2)  Each board of trustees shall be a public body
12  corporate by the name of "The (name of university) Board of
13  Trustees," with all the powers of a body corporate, including
14  a corporate seal, the power to contract and be contracted
15  with, to sue and be sued, to plead and be impleaded in all
16  courts of law or equity, and to give and receive donations. In
17  all suits against a board of trustees, service of process
18  shall be made on the chair of the board or, in the absence of
19  the chair, on the corporate secretary or designee.
20         (3)  Boards of trustees' members shall be appointed for
21  staggered 4-year terms, and may be reappointed for additional
22  terms not to exceed 8 years of service.
23         (4)  Each board of trustees shall select its chair and
24  vice chair from the appointed members at its first regular
25  meeting after July 1. The chair shall serve for 2 years and
26  may be reselected for one additional consecutive term. The
27  duties of the chair shall include presiding at all meetings of
28  the board, calling special meetings of the board, attesting to
29  actions of the board, and notifying the Governor in writing
30  whenever a board member fails to attend three consecutive
31  regular board meetings in any fiscal year, which failure may
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  1  be grounds for removal. The duty of the vice chair is to act
  2  as chair during the absence or disability of the chair.
  3         (5)  The university president shall serve as executive
  4  officer and corporate secretary of the board of trustees and
  5  shall be responsible to the board for all operations of the
  6  university and for setting the agenda for meetings of the
  7  board in consultation with the chair.
  8         (6)  Upon appointment, each board of trustees shall
  9  commence professional orientation, training, and board
10  development activities, and shall begin setting direction for
11  its university in keeping with accountability and performance
12  expectations of the seamless K-20 education system. Each board
13  of trustees shall submit to the Florida Board of Education
14  action plans and timelines for devolution of duties and
15  responsibilities to the board of trustees.
16         (7)  The boards of trustees shall be responsible for
17  cost-effective policy decisions appropriate to the
18  university's mission, the implementation and maintenance of
19  high-quality education programs within law and rules of the
20  Florida Board of Education, the measurement of performance,
21  the reporting of information, and the provision of input
22  regarding state policy, budgeting, and education standards.
23         (8)  Whenever any civil action has been brought against
24  any member of a university board of trustees or employee for
25  any act or omission arising out of and in the course of the
26  performance of his or her duties and responsibilities, the
27  university board of trustees may defray all costs of defending
28  such action, including reasonable attorney's fees and expenses
29  together with costs of appeal, and may save harmless and
30  protect such person from any financial loss resulting from the
31  lawful performance of his or her duties and responsibilities.
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  1  Claims based on such actions or omissions may, in the
  2  discretion of the university board of trustees, be settled
  3  prior to or after the filing of suit thereon.  The board of
  4  trustees may arrange for and pay the premium for appropriate
  5  insurance to cover all such losses and expenses.
  6         (9)  University boards of trustees shall be
  7  "corporations primarily acting as instrumentalities or
  8  agencies of the state," pursuant to s. 768.28(2), for purposes
  9  of sovereign immunity.
10         Section 14.  Section 229.0081, Florida Statutes, is
11  created to read:
12         229.0081  Powers and duties of university boards of
13  trustees.--
14         (1)  Notwithstanding the provisions of chapter 240,
15  each university board of trustees is vested with the authority
16  to govern and set policy for its university, as necessary to
17  provide proper governance and improvement of the university in
18  accordance with law and with rules of the Florida Board of
19  Education. Each board of trustees shall perform all duties
20  assigned by law or by rule of the Florida Board of Education
21  or the Commissioner of Education.
22         (2)  Notwithstanding the provisions of chapter 240,
23  each university board of trustees may adopt rules and policies
24  consistent with the university mission, with law, and with
25  rule of the Florida Board of Education, including rules and
26  policies for the following:
27         (a)  Selecting the president to serve at the pleasure
28  of the board and perform such duties as are assigned by the
29  board or otherwise provided by law or by rule.
30         (b)  Fixing the compensation and other conditions of
31  employment of the president.
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  1         (c)  Conducting periodic evaluations of the president,
  2  submitting such evaluations to the Chancellor for review, and
  3  suspending or removing the president in accordance with
  4  guidelines established by the Chancellor.
  5         (d)  Appointing a presidential search committee to make
  6  recommendations to the full board of trustees, from which the
  7  board shall select a candidate for reference to the Chancellor
  8  and ratification by the Florida Board of Education.
  9         (e)  In consultation with the university president,
10  defining and developing a strategic plan for the university
11  for recommendation to the Chancellor, the Commissioner of
12  Education, and the Florida Board of Education, as provided by
13  law, specifying institutional goals and objectives.
14         (f)  In consultation with the university president,
15  providing for academic freedom and academic responsibility at
16  the university.
17         (g)  In consultation with the university president,
18  submitting an institutional budget request, including a
19  request for fixed capital outlay, to the Chancellor in
20  accordance with guidelines established by the Florida Board of
21  Education.
22         (h)  Approving new, and terminating existing,
23  undergraduate and graduate degree programs up to and including
24  the master's degree level, based on criteria established by
25  the Florida Board of Education.
26         (i)  Purchasing, acquiring, receiving, holding, owning,
27  managing, leasing, selling, disposing of, and conveying title
28  to real property, in accordance with rules and guidelines of
29  the Florida Board of Education.
30
31
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  1         (j)  Entering into agreements for and accepting credit
  2  card, charge card, and debit card payments as compensation for
  3  goods, services, tuition, and fees.
  4         (k)  Establishing codes of conduct and appropriate
  5  penalties for violations of university rules by students and
  6  student organizations, including rules governing student
  7  academic honesty.
  8         (l)  Establishing a committee, at least one-half of the
  9  members of which shall be students appointed by the student
10  body president, to periodically review and evaluate the
11  student judicial system.
12         (m)  Administering the personnel program for all
13  employees of the university in accordance with law and with
14  rules and guidelines of the Florida Board of Education,
15  including: compensation and other conditions of employment,
16  recruitment and selection, nonreappointment, standards for
17  performance and conduct, evaluation, benefits and hours of
18  work, recognition, inventions and works, travel, learning
19  opportunities, academic freedom and responsibility, promotion,
20  assignment, demotion, transfer, tenure and permanent status,
21  ethical obligations and conflicts of interest, restrictive
22  covenants, disciplinary actions, complaints, appeals and
23  grievance procedures, and separation and termination from
24  employment.
25         (n)  Establishing and maintaining a personnel exchange
26  program.
27         (o)  Governing admission of students subject to the
28  rules of the Florida Board of Education.
29         (p)  Considering the past actions of any person
30  applying for admission, enrollment, or employment, and
31  establishing policies to deny admission, enrollment, or
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  1  employment to an applicant because of misconduct if determined
  2  to be in the best interest of the university.
  3         (q)  Ensuring compliance with federal laws,
  4  regulations, and requirements.
  5         (r)  Using, maintaining, protecting, and controlling
  6  university-owned or university-controlled buildings and
  7  grounds, property and equipment, name, trademarks and other
  8  proprietary marks, and the financial and other resources of
  9  the university. Such authority may include placing
10  restrictions on activities and on access to facilities,
11  firearms, food, tobacco, alcoholic beverages, distribution of
12  printed materials, human subjects, animals, and sound.
13         (s)  Providing and coordinating policies relating to
14  credit and noncredit educational offerings by the university.
15         (t)  Administering a procurement program for the
16  purchase, lease, or acquisition in any manner (including
17  purchase by installment or lease-purchase contract which may
18  provide for the payment of interest on the unpaid portion of
19  the purchase price and for the granting of a security interest
20  in the items purchased) of goods, materials, equipment, and
21  services required by the university.
22         (u)  Supervising faculty practice plans for the
23  academic health science centers.
24         (3)  Each board of trustees shall actively implement a
25  plan, in accordance with guidelines of the Florida Board of
26  Education, for working on a regular basis with the other
27  university boards of trustees, representatives of the
28  community college boards of trustees, and representatives of
29  the district school boards, to achieve the goals of the
30  seamless education system.
31
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  1         (4)  Notwithstanding the provisions of s. 216.351, a
  2  state university board of trustees may authorize the rent or
  3  lease of parking facilities, provided that such facilities are
  4  funded through parking fees or parking fines imposed by a
  5  university. A board of trustees may authorize a university to
  6  charge fees for parking at such rented or leased parking
  7  facilities.
  8         (5)  Effective July 1, 2002, within proviso in the
  9  General Appropriations Act and law, each board of trustees
10  shall set university tuition and fees. The sum of the activity
11  and service, health, and athletic fees a student is required
12  to pay to register for a course shall not exceed 40 percent of
13  the matriculation fee established in law or in the General
14  Appropriations Act.  No university shall be required to lower
15  any fee in effect on the effective date of this act in order
16  to comply with this subsection.  Within the 40 percent cap,
17  universities may not increase the aggregate sum of activity
18  and service, health, and athletic fees more than 5 percent per
19  year unless specifically authorized in law or in the General
20  Appropriations Act.  This subsection does not prohibit a
21  university from increasing or assessing optional fees related
22  to specific activities that are not required as a part of
23  registration for courses.
24         (6)  Effective July 1, 2002, each board of trustees
25  shall implement the university facilities plan in accordance
26  with law and guidelines of the Commissioner of Education's
27  Office of Educational Facilities and SMART Schools
28  Clearinghouse.
29         (7)  A board of trustees shall perform such other
30  duties as are provided by law or rule of the Florida Board of
31  Education.
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  1         Section 15.  Section 229.0082, Florida Statutes, is
  2  created to read:
  3         229.0082  University presidents; powers and
  4  duties.--The president is the chief executive officer of the
  5  university, shall be corporate secretary of the state
  6  university board of trustees, and is responsible for the
  7  operation and administration of the university. Each
  8  university president shall:
  9         (1)  Recommend the adoption of rules, as appropriate,
10  to the state university board of trustees to implement
11  provisions of law governing the operation and administration
12  of the university, which shall include the specific powers and
13  duties enumerated in this section. Such rules shall be
14  consistent with the mission of the university and the rules
15  and policies of the Florida Board of Education.
16         (2)  Prepare a budget request and an operating budget
17  for approval by the university board of trustees.
18         (3)  Establish and implement policies and procedures to
19  recruit, appoint, transfer, promote, compensate, evaluate,
20  reward, demote, discipline, and remove personnel, within law
21  and rules of the Florida Board of Education and in accordance
22  with rules or policies approved by the university board of
23  trustees.
24         (4)  Govern admissions, subject to law and rules or
25  policies of the university board of trustees and the Florida
26  Board of Education.
27         (5)  Approve, execute, and administer contracts for and
28  on behalf of the university board of trustees for the
29  acquisition of commodities, goods, equipment, services, leases
30  of real and personal property, and planning and construction
31  to be rendered to or by the university, provided such
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  1  contracts are within law and guidelines of the Florida Board
  2  of Education and in conformance with policies of the
  3  university board of trustees, and are for the implementation
  4  of approved programs of the university.
  5         (6)  Act for the university board of trustees as
  6  custodian of all university property. The authority vested in
  7  the university president under this subsection includes the
  8  authority to prioritize the use of university space, property,
  9  equipment, and resources and the authority to impose charges
10  for the use of those items.
11         (7)  Establish the internal academic calendar of the
12  university within general guidelines of the Florida Board of
13  Education.
14         (8)  Administer the university's program of
15  intercollegiate athletics.
16         (9)  Recommend to the board of trustees the
17  establishment and termination of undergraduate and
18  master's-level degree programs within the approved role and
19  scope of the university.
20         (10)  Award degrees.
21         (11)  Recommend to the board of trustees a schedule of
22  tuition and fees to be charged by the university, within law
23  and rules of the Florida Board of Education.
24         (12)  Organize the university to efficiently and
25  effectively achieve the goals of the university.
26         (13)  Review periodically the operations of the
27  university in order to determine how effectively and
28  efficiently the university is being administered and whether
29  it is meeting the goals of its strategic plan adopted by the
30  Florida Board of Education.
31
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  1         (14)  Enter into agreements for student exchange
  2  programs which involve students at the university and students
  3  in other institutions of higher learning.
  4         (15)  Approve the internal procedures of student
  5  government organizations and provide purchasing, contracting,
  6  and budgetary review processes for these organizations.
  7         (16)  Ensure compliance with federal and state laws,
  8  regulations, and other requirements that are applicable to the
  9  university.
10         (17)  Maintain all data and information pertaining to
11  the operation of the university, and report on the attainment
12  by the university of institutional and statewide performance
13  accountability goals.
14         (18)  Adjust property records and dispose of
15  state-owned tangible personal property in the university's
16  custody in accordance with procedures established by the
17  university board of trustees.  Notwithstanding the provisions
18  of s. 273.055(5), all moneys received from the disposition of
19  state-owned tangible personal property shall be retained by
20  the university and disbursed for the acquisition of tangible
21  personal property and for all necessary operating
22  expenditures.  The university shall maintain records of the
23  accounts into which such moneys are deposited.
24         Section 16.  Section 229.0083, Florida Statutes, is
25  created to read:
26         229.0083  School Readiness Act; legislative intent;
27  division of responsibilities.--
28         (1)  The School Readiness Act, chapter 99-357, Laws of
29  Florida, created the Florida Partnership for School Readiness
30  to fulfill three major purposes: to administer school
31  readiness program services that help parents prepare eligible
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  1  children for school; to coordinate the provision of school
  2  readiness services on a full-day, full-year, full-choice basis
  3  to the extent possible in order to enable parents to work and
  4  be financially self-sufficient; and to establish a uniform
  5  screening instrument to be implemented by the Department of
  6  Education and administered by the school districts upon entry
  7  into kindergarten to assess the readiness for school of all
  8  children. Readiness for kindergarten is the outcome measure of
  9  the success of each school readiness program that receives
10  state or federal funds.
11         (2)  It is the intent of the Legislature that school
12  readiness services shall be an integrated and seamless system
13  of services with a developmentally appropriate education
14  component for the state's eligible birth-to-kindergarten
15  population described in s. 411.01(6) and shall not be
16  construed as part of the seamless K-20 education system until
17  the administration of the uniform screening system upon entry
18  into kindergarten.
19         (3)  The Legislature finds that, because of a variety
20  of factors, not all children come to school equally ready to
21  learn and that, in order to more effectively assess and
22  monitor programs designed to help prepare Florida's children
23  to attend school, educators and policymakers need more
24  objective information regarding the school readiness of
25  Florida's children. However, nothing contained in the School
26  Readiness Act, chapter 99-357, Laws of Florida, is intended
27  to:
28         (a)  Relieve parents and guardians of their own
29  obligations to ready their children for school; or
30
31
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  1         (b)  Create any obligation to provide publicly funded
  2  school readiness programs or services beyond those authorized
  3  by the Legislature.
  4         (4)(a)  Notwithstanding s. 411.01(4):
  5         1.  The Florida Partnership for School Readiness is
  6  assigned to the Agency for Workforce Innovation pursuant to
  7  subsection (7).
  8         2.  Four members shall be added to the Florida
  9  Partnership for School Readiness as follows:
10         a.  Two members shall be added to the partnership from
11  the child care industry, one representing the private
12  for-profit sector appointed by the Governor from a list of two
13  nominees submitted by the President of the Senate and one
14  representing faith-based providers appointed by the Governor
15  from a list of two nominees submitted by the Speaker of the
16  House of Representatives. Neither shall have a direct contract
17  with any local coalition to provide school readiness services.
18         b.  Two members shall be added to the partnership from
19  the business community, one appointed by the Governor from a
20  list of two nominees submitted by the President of the Senate
21  and one appointed by the Governor from a list of two nominees
22  submitted by the Speaker of the House of Representatives.
23  Neither shall be involved in any business related to school
24  readiness services.
25         3.  The executive director of the partnership shall
26  serve at the pleasure of the Governor.
27         (b)  Notwithstanding any other provision of law to the
28  contrary, minimum child care licensing standards shall be
29  developed to provide for reasonable, affordable, and safe
30  before-school and after-school care. Standards, at a minimum,
31
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  1  shall allow for a credentialed director to supervise multiple
  2  before-school and after-school sites.
  3         (c)  Notwithstanding s. 411.01(5)(d):
  4         1.  Instructional staff must be trained pursuant to s.
  5  402.305(2)(d).
  6         2.  Reimbursement rates shall not have the effect of
  7  limiting parental choice or creating standards or levels of
  8  services that have not been authorized by the Legislature.
  9         3.  The Florida Partnership for School Readiness shall
10  review and revise coalition plans at least annually.
11         (d)  Notwithstanding s. 20.50:
12         1.  The Agency for Workforce Innovation shall
13  administer school readiness funds, plans, and policies
14  pursuant to contract with the Florida Partnership for School
15  Readiness and shall prepare and submit a unified budget
16  request for the school readiness program in accordance with
17  chapter 216.
18         2.  All instructions to local school readiness
19  coalitions shall emanate from the Agency for Workforce
20  Innovation pursuant to policies of the Legislature, plans of
21  the Florida Partnership for School Readiness, and the contract
22  between the Florida Partnership for School Readiness and the
23  agency.
24         (e)  The Agency for Workforce Innovation shall prepare
25  a plan that provides for the distribution and expenditure of
26  all state and federal school readiness funds for children
27  participating in public or private school readiness programs
28  based upon an equity and performance funding formula. The plan
29  shall be submitted to the Governor and the Legislative Budget
30  Commission. Upon approval, the Legislative Budget Commission
31  shall authorize the transfer of funds to the Agency for
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  1  Workforce Innovation for distribution in accordance with the
  2  provisions of the formula.
  3         (5)  The Florida Partnership for School Readiness
  4  shall:
  5         (a)  Coordinate the birth-to-kindergarten services for
  6  children who are eligible pursuant to s. 411.01(6) and the
  7  programmatic, administrative, and fiscal standards pursuant to
  8  s. 411.01 and this section for all public providers of school
  9  readiness programs.
10         (b)  Continue to provide unified leadership for school
11  readiness through local school readiness coalitions.
12         (c)  Focus on improving the educational quality of all
13  publicly funded school readiness programs.
14         (6)  The Department of Education shall implement a
15  school readiness uniform screening, including a pilot program
16  during the 2001-2002 school year, to validate the system
17  recommended by the Florida Partnership for School Readiness as
18  part of a comprehensive evaluation design.  Beginning with the
19  2002-2003 school year, the department shall require that all
20  school districts administer the school readiness uniform
21  screening to each kindergarten student in the district school
22  system upon the student's entry into kindergarten.  Children
23  who enter public school for the first time in first grade must
24  undergo a uniform screening adopted for use in first grade.
25  The department shall incorporate school readiness data into
26  the K-20 data warehouse for longitudinal tracking.  The
27  department shall provide the partnership and the Agency for
28  Workforce Innovation with complete and full access to
29  kindergarten uniform screening data at the student, school,
30  district, and state levels in a format that will enable the
31  partnership and the agency to prepare reports needed by state
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  1  policymakers and local school readiness coalitions to assess
  2  progress toward school readiness goals and provide input for
  3  continuous improvement of local school readiness services and
  4  programs.
  5         (7)  Effective July 1, 2001, the Florida Partnership
  6  for School Readiness is transferred by a type two transfer,
  7  pursuant to s. 20.06(2), from the Executive Office of the
  8  Governor to the Agency for Workforce Innovation.
  9         (8)  Effective July 1, 2001, the Child Care Executive
10  Partnership Program, child care and early childhood resource
11  and referral, and the subsidized child care program including
12  statewide staff as referenced in the interagency agreement
13  between the Department of Children and Family Services and the
14  Florida Partnership for School Readiness signed on March 15,
15  2001, shall be transferred by a type two transfer, pursuant to
16  s. 20.06(2), to the Agency for Workforce Innovation.
17         (9)  Effective July 1, 2001, the prekindergarten early
18  intervention, migrant prekindergarten, and Florida First Start
19  programs, including statewide staff as referenced in the
20  interagency agreement between the Department of Education and
21  the Florida Partnership for School Readiness, shall be
22  transferred by a type two transfer, pursuant to s. 20.06(2),
23  to the Agency for Workforce Innovation.
24         (10)  For purposes of administration of the Early
25  Learning Opportunities Act and the Even Start Family Literacy
26  Programs, pursuant to Pub. L. No. 106-554, the Agency for
27  Workforce Innovation is designated as the lead agency and must
28  comply with lead agency responsibilities pursuant to federal
29  law.
30
31
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  1         Section 17.  Paragraph (a) of subsection (6) and
  2  subsection (10) of section 216.136, Florida Statutes, are
  3  amended to read:
  4         216.136  Consensus estimating conferences; duties and
  5  principals.--
  6         (6)  SOCIAL SERVICES ESTIMATING CONFERENCE.--
  7         (a)  Duties.--
  8         1.  The Social Services Estimating Conference shall
  9  develop such official information relating to the social
10  services system of the state, including forecasts of social
11  services caseloads, as the conference determines is needed for
12  the state planning and budgeting system.  Such official
13  information shall include, but not be limited to, subsidized
14  child care caseloads mandated by the Family Support Act of
15  1988.
16         2.  In addition, the Social Services Estimating
17  Conference shall develop estimates and forecasts of the
18  unduplicated count of children eligible for subsidized child
19  care as defined in s. 402.3015(1).  These estimates and
20  forecasts shall not include children enrolled in the
21  prekindergarten early intervention program established in s.
22  230.2305.
23         3.  The Department of Children and Family Services and
24  the Department of Education shall provide information on
25  caseloads and waiting lists for the subsidized child care and
26  prekindergarten early intervention programs requested by the
27  Social Services Estimating Conference or individual conference
28  principals, in a timely manner.
29         2.4.  The Social Services Estimating Conference shall
30  develop information relating to the Florida Kidcare program,
31  including, but not limited to, outreach impacts, enrollment,
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  1  caseload, utilization, and expenditure information that the
  2  conference determines is needed to plan for and project future
  3  budgets and the drawdown of federal matching funds. The
  4  agencies required to collect and analyze Florida Kidcare
  5  program data under s. 409.8134 shall be participants in the
  6  Social Services Estimating Conference for purposes of
  7  developing information relating to the Florida Kidcare
  8  program.
  9         (10)  SCHOOL READINESS PROGRAM ESTIMATING CONFERENCE.--
10         (a)  Duties.--
11         1.  The School Readiness Program Estimating Conference
12  shall develop such estimates and forecasts of the unduplicated
13  count of children number of individuals eligible for school
14  readiness programs in accordance with the standards of
15  eligibility established in s. 411.01(6) by state or federal
16  statute or administrative rule as the conference determines
17  are needed to support the state planning, budgeting, and
18  appropriations processes.
19         2.  In addition, the School Readiness Program
20  Estimating Conference shall estimate the unduplicated count of
21  children who are eligible for services under the school
22  readiness program.
23         2.3.  The Florida Partnership for School Readiness
24  shall provide information on needs and waiting lists for
25  school readiness program services requested by the School
26  Readiness Program Estimating Conference or individual
27  conference principals in a timely manner.
28         (b)  Principals.--The Executive Office of the Governor,
29  the Director of Economic and Demographic Research, and
30  professional staff who have forecasting expertise from the
31  Florida Partnership for School Readiness, the Agency for
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  1  Workforce Innovation, the Department of Children and Family
  2  Services, the Department of Education, the Senate, and the
  3  House of Representatives, or their designees, are the
  4  principals of the School Readiness Program Estimating
  5  Conference. The principal representing the Executive Office of
  6  the Governor shall preside over sessions of the conference.
  7         Section 18.  Effective January 1, 2002, paragraph (a)
  8  of subsection (1) of section 232.01, Florida Statutes, is
  9  amended to read:
10         232.01  School attendance.--
11         (1)(a)1.  All children who have attained the age of 6
12  years or who will have attained the age of 6 years by February
13  1 of any school year or who are older than 6 years of age but
14  who have not attained the age of 16 years, except as
15  hereinafter provided, are required to attend school regularly
16  during the entire school term.
17         2.  Children who will have attained the age of 5 years
18  on or before September 1 of the school year are eligible for
19  admission to public kindergartens during that school year
20  under rules prescribed by the school board.
21         3.  Children who will have attained the age of 3 years
22  on or before September 1 of the school year are eligible for
23  admission to prekindergarten early intervention programs
24  during that school year as provided in s. 230.2305 or a
25  preschool program as provided in s. 228.061.
26         Section 19.  Effective July 1, 2002, subsection (5) of
27  section 236.08104, Florida Statutes, is amended to read:
28         236.08104  Supplemental academic instruction;
29  categorical fund.--
30         (5)  Beginning in the 1999-2000 school year, dropout
31  prevention programs as defined in ss. 230.2316(3)(a), (b), and
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  1  (c) and, 230.23161, and 230.23166 shall be included in Group 1
  2  programs under s. 236.081(1)(d)3.
  3         Section 20.  Effective January 1, 2002, paragraphs (b)
  4  and (c) of subsection (1) and subsection (4) of section
  5  445.023, Florida Statutes, are amended to read:
  6         445.023  Program for dependent care for families with
  7  children with special needs.--
  8         (1)  There is created the program for dependent care
  9  for families with children with special needs.  This program
10  is intended to provide assistance to families with children
11  who meet the following requirements:
12         (b)  The child or children are considered to be
13  children with special needs as defined by the subsidized child
14  care program authorized under s. 402.3015.
15         (c)  The family meets the income guidelines established
16  under s. 411.01(6) 402.3015. Financial eligibility for this
17  program shall be based solely on the guidelines used for
18  subsidized child care, notwithstanding any financial
19  eligibility criteria to the contrary in s. 414.075, s.
20  414.085, or s. 414.095.
21         (4)  In addition to school readiness child care
22  services provided under s. 411.01 402.3015, dependent care may
23  be provided for children age 13 years and older who are in
24  need of care due to disability and where such care is needed
25  for the parent to accept or continue employment or otherwise
26  participate in work activities. The amount of subsidy shall be
27  consistent with the rates for special needs child care
28  established by the department. Dependent care needed for
29  employment may be provided as transitional services for up to
30  2 years after eligibility for temporary cash assistance ends.
31
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  1         Section 21.  Effective January 1, 2002, subsections (1)
  2  and (2) of section 228.061, paragraph (o) of subsection (4) of
  3  section 230.23, sections 230.2303, 230.2305, and 230.2306,
  4  Florida Statutes, are repealed.
  5         Section 22.  Effective July 1, 2002, section 230.23166,
  6  paragraph (d) of subsection (1) of section 232.01, paragraph
  7  (e) of subsection (1) of section 234.01, and paragraph (f) of
  8  subsection (1) of section 236.083, Florida Statutes, are
  9  repealed.
10         Section 23.  Effective January 1, 2002, section 402.28,
11  subsection (1) of section 402.281, sections 402.3015,
12  402.3027, and 402.3028, subsection (18) of section 402.305,
13  section 402.3052, paragraph (c) of subsection (2) of section
14  402.3135, and subsections (2) and (6) of section 402.45,
15  Florida Statutes, are repealed.
16         Section 24.  Effective January 1, 2002, paragraph (a)
17  of subsection (1) of section 391.304, paragraphs (l), (q),
18  (s), and (t) of subsection (4), paragraph (g) of subsection
19  (5), and paragraph (c) of subsection (9) of section 411.01,
20  and sections 411.201, 411.202, 411.203, 411.205, 411.22,
21  411.221, 411.222, 411.223, 411.224, 411.23, and 411.231,
22  Florida Statutes, are repealed.
23         Section 25.  Section 229.0084, Florida Statutes, is
24  created to read:
25         229.0084  Legislative findings and intent.--
26         (1)  It is the finding of the Legislature that student
27  achievement, from kindergarten through graduate school, is
28  dependent upon a number of factors, including the quality of
29  schools, the quality of instruction, and the personal efforts
30  and responsibilities of the students and their parents.
31  Nothing contained in Florida law shall make the state or local
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  1  school districts the guarantors that students will fully avail
  2  themselves of the opportunities provided them to attain high
  3  academic achievement.
  4         (2)  Nothing contained in this act shall authorize the
  5  state or any school district to regulate, control, or
  6  interfere with the autonomy of independent K-12 schools or
  7  home education programs, or their governance, curriculum,
  8  accreditation, testing, or other practices.
  9         Section 26.  Section 228.082, Florida Statutes, is
10  amended to read:
11         228.082  The Florida Virtual On-Line High School.--
12         (1)(a)  The Florida Virtual On-Line High School is
13  established for the development and delivery of on-line and
14  distance learning education and shall be administratively
15  housed within the Commissioner of Education's Office of
16  Technology and Information Services. The Commissioner of
17  Education shall monitor the school's performance and report
18  its performance to the Florida Board of Education and the
19  Legislature.
20         (b)  The mission of the Florida Virtual High School is
21  to provide students with high-quality technology-based
22  educational opportunities to gain the knowledge and skills
23  necessary to succeed in the 21st century. The school shall
24  serve any student in the state who meets the profile for
25  success in this educational delivery context and shall give
26  priority to:
27         1.  Students who need expanded access to courses in
28  order to meet their educational goals, such as home education
29  students and students in inner-city and rural high schools who
30  do not have access to higher-level courses.
31
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  1         2.  Students seeking accelerated access in order to
  2  obtain a high school diploma at least one semester early.
  3         (c)  To ensure students are informed of the
  4  opportunities offered by the Florida Virtual High School, the
  5  commissioner shall provide the board of trustees access to the
  6  records of public school students in a format prescribed by
  7  the board of trustees.
  8
  9  The board of trustees of the Florida Virtual High School shall
10  identify appropriate performance measures and standards based
11  on student achievement that reflect the school's statutory
12  mission and priorities, and shall implement an accountability
13  system for the school that includes assessment of its
14  effectiveness and efficiency in providing quality services
15  that encourage high student achievement, seamless
16  articulation, and maximum access.
17         (2)  The Florida Virtual On-Line High School shall be
18  governed by a board of trustees comprised of seven members
19  appointed by the Governor to 4-year staggered terms, one of
20  whom shall be the current chair of the Florida High School
21  Advisory Board and one of whom shall be a representative of
22  the fiscal agent, and one of whom shall be the Chief
23  Information Officer or his designee from the State Technology
24  Office pursuant to ch. 2000-164, Laws of Florida. The board
25  shall be a public agency entitled to sovereign immunity
26  pursuant to s. 768.28, and board members shall be public
27  officers who shall bear fiduciary responsibility for the
28  Florida Virtual On-Line High School. The board of trustees
29  shall have the following powers and duties:
30         (a)1.  The board of trustees shall meet within 30 days
31  of July 1, 2000, and shall continue to meet at least 4 times
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  1  each year, upon the call of the chair, or at the request of a
  2  majority of the membership.
  3         (b)  Until not more than 60 days after the initial
  4  meeting of the board, the current governance structure of the
  5  Florida On-Line High School shall be maintained.
  6         2.(c)  The fiscal year for the Florida Virtual On-Line
  7  High School shall be the state fiscal year as provided in s.
  8  216.011(1)(n).
  9         (b)  The board of trustees shall be responsible for the
10  Florida Virtual High School's development of a
11  state-of-the-art technology-based education delivery system
12  that is cost-effective, educationally sound, marketable, and
13  capable of sustaining a self-sufficient delivery system
14  through the Florida Education Finance Program, by fiscal year
15  2003-2004. Beginning in fiscal year 2001-2002, the school
16  shall collect and report data for all students served and
17  credit awarded. This data shall be segregated by private,
18  public, and home school students by program. Information shall
19  also be collected which reflects any other school in which a
20  virtual high school student is enrolled.
21         (c)(d)  The board of trustees shall aggressively seek
22  avenues to generate revenue to support its future endeavors,
23  and shall enter into agreements with distance learning
24  providers. The board of trustees and may acquire, enjoy, use,
25  and dispose of patents, copyrights, and trademarks and any
26  licenses and other rights or interests thereunder or therein.
27  Ownership of all such patents, copyrights, trademarks,
28  licenses, and rights or interests thereunder or therein shall
29  vest in the state, with the board having full right of use and
30  full right to retain the revenues derived therefrom. Any funds
31  realized from patents, copyrights, trademarks, or licenses
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  1  shall be used to support the school's research and development
  2  activities in order to improve courseware and services to its
  3  students.
  4         (d)(e)  The board of trustees shall annually prepare
  5  and submit to the Florida Board of Education a legislative
  6  budget request, including funding requests for computers for
  7  public school students who do not have access to public school
  8  computers, in accordance with chapter 216 and s. 235.41. The
  9  legislative budget request of the Florida Virtual On-Line High
10  School shall be prepared using the same format, procedures,
11  and timelines required for the submission of the legislative
12  budget of the Department of Education.
13         (e)(f)  In accordance with law and rules of the Florida
14  Board of Education, the board of trustees shall administer and
15  maintain personnel programs for all employees of the board of
16  trustees and the Florida Virtual On-Line High School. The
17  board of trustees may adopt rules, policies, and procedures
18  related to the appointment, employment, and removal of
19  personnel.
20         1.  The board of trustees shall determine the
21  compensation, including salaries and fringe benefits, and
22  other conditions of employment for such personnel.
23         2.  The board of trustees may establish and maintain a
24  personnel loan or exchange program by which persons employed
25  by the board for the Florida Virtual On-Line High School as
26  academic administrative and instructional staff may be loaned
27  to, or exchanged with persons employed in like capacities by,
28  public agencies either within or without this state, or by
29  private industry. With respect to public agency employees, the
30  program authorized by this subparagraph shall be consistent
31  with the requirements of part II of chapter 112. The salary
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  1  and benefits of board personnel participating in the loan or
  2  exchange program shall be continued during the period of time
  3  they participate in a loan or exchange program, and such
  4  personnel shall be deemed to have no break in creditable or
  5  continuous service or employment during such time. The salary
  6  and benefits of persons participating in the personnel loan or
  7  exchange program who are employed by public agencies or
  8  private industry shall be paid by the originating employers of
  9  those participants, and such personnel shall be deemed to have
10  no break in creditable or continuous service or employment
11  during such time.
12         3.  The employment of all Florida Virtual On-Line High
13  School academic administrative and instructional personnel
14  shall be subject to rejection for cause by the board of
15  trustees, and shall be subject to policies of the board of
16  trustees relative to certification, tenure, leaves of absence,
17  sabbaticals, remuneration, and such other conditions of
18  employment as the board deems necessary and proper, not
19  inconsistent with law.
20         4.  Each person employed by the board of trustees in an
21  academic administrative or instructional capacity with the
22  Florida Virtual On-Line High School shall be entitled to a
23  contract as provided by rules of the board.
24         5.  All employees except temporary, seasonal, and
25  student employees may be state employees for the purpose of
26  being eligible to participate in the Florida Retirement System
27  and receive benefits. The classification and pay plan,
28  including terminal leave and other benefits, and any
29  amendments thereto, shall be subject to review and approval by
30  the Department of Management Services and the Executive Office
31  of the Governor prior to adoption. In the event that the board
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  1  of trustees assumes responsibility for governance pursuant to
  2  this section before approval is obtained, employees shall be
  3  compensated pursuant to the system in effect for the employees
  4  of the fiscal agent.
  5         (f)(g)  The board of trustees shall establish
  6  priorities for admission of students in accordance with
  7  paragraph (1)(b).
  8         (g)(h)  The board of trustees shall establish and
  9  distribute to all school districts and high schools in the
10  state procedures for enrollment of students into courses
11  offered by the Florida Virtual On-Line High School. Such
12  procedures shall be designed to minimize paperwork and fairly
13  resolve the issue of double funding students taking courses
14  online maximize participation by students.
15         (h)(i)  The board of trustees shall annually submit to
16  the Florida Board Department of Education both forecasted and
17  actual enrollments for the Florida Virtual On-Line High
18  School, according to procedures established by the Florida
19  Board Department of Education. At a minimum, such procedures
20  must include the number of public, private, and home school
21  students served by district.
22         (i)(j)  The board of trustees shall provide for the
23  content and custody of student and employee personnel records.
24  Student records shall be subject to the provisions of s.
25  228.093. Employee records shall be subject to the provisions
26  of s. 231.291.
27         (j)(k)  The financial records and accounts of the
28  Florida Virtual On-Line High School shall be maintained under
29  the direction of the board of trustees and under regulations
30  prescribed by the Florida State Board of Education for the
31
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  1  uniform system of financial records and accounts for the
  2  schools of the state.
  3
  4  The Governor shall designate the initial chair of the board of
  5  trustees to serve a term of 4 years. Members of the board of
  6  trustees shall serve without compensation, but may be
  7  reimbursed for per diem and travel expenses pursuant to s.
  8  112.061. The board of trustees shall be a body corporate with
  9  all the powers of a body corporate and such authority as is
10  needed for the proper operation and improvement of the Florida
11  Virtual On-Line High School. The board of trustees is
12  specifically authorized to adopt rules, policies, and
13  procedures, consistent with law and rules of the Florida Board
14  of Education related to governance, personnel, budget and
15  finance, administration, programs, curriculum and instruction,
16  travel and purchasing, technology, students, contracts and
17  grants, and property as necessary for optimal, efficient
18  operation of the Florida Virtual On-Line High School. Tangible
19  personal property owned by the board of trustees shall be
20  subject to the provisions of chapter 273.
21         (3)(a)  Until fiscal year 2003-2004, the Commissioner
22  of Education shall include the Florida Virtual On-Line High
23  School as a grant-in-aid appropriation in the department's
24  legislative budget request to the Florida State Board of
25  Education, the Governor, and the Legislature,.
26         (a)  subject to any guidelines imposed in the General
27  Appropriations Act, funds for the operation of the Florida
28  On-Line High School shall be requested and appropriated within
29  the Department of Education as a grant-in-aid category until
30  such time as the Legislature authorizes a different funding
31  mechanism.
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  1         (b)  The Orange County District School Board shall be
  2  the temporary fiscal agent of the Florida Virtual On-Line High
  3  School.
  4         (c)  Priorities for the delivery of services by the
  5  Florida On-Line High School shall ensure that priority access
  6  is provided equitably across the state.
  7         (4)  Under no circumstance may the credit of the state
  8  be pledged on behalf of the Florida Virtual On-Line High
  9  School.
10         (5)  By January 1, 2001, The board of trustees shall
11  annually submit to the Governor, the Legislature, the
12  Commissioner of Education, and the Florida Board of Education
13  Reorganization Transition Commission a complete and detailed
14  report setting forth:
15         (a)  The operations and accomplishments of the Florida
16  Virtual On-Line High School.
17         (b)  The marketing and operational plan for the Florida
18  Virtual On-Line High School, including recommendations
19  regarding methods for improving the delivery of education
20  through the Internet and other distance learning technology.
21         (c)  The assets and liabilities of the Florida Virtual
22  On-Line High School at the end of the fiscal year.
23         (d)  A copy of an annual financial and compliance audit
24  of the accounts and records of the Florida Virtual On-Line
25  High School, conducted by an independent certified public
26  accountant and performed in accordance with rules adopted by
27  the Auditor General.
28         (e)  Recommendations regarding the unit cost of
29  providing services to students. In order to most effectively
30  develop public policy regarding any future funding of the
31  Florida Virtual On-Line High School, it is imperative that the
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  1  cost of the program is accurately identified. The identified
  2  cost of the program must be based on reliable data and reflect
  3  the costs associated with maintaining a state-of-the-art
  4  on-line high school, including the costs associated with
  5  maintaining a high-quality research and development effort to
  6  locate and assimilate, or develop, Internet-based courses.
  7         (f)  Recommendations regarding an accountability
  8  mechanism to assess the effectiveness of the services provided
  9  by the Florida Virtual On-Line High School.
10         (6)  The Auditor General may, pursuant to his or her
11  own authority, or at the direction of the Joint Legislative
12  Auditing Committee, conduct an audit of the Florida Virtual
13  On-Line High School.
14         (7)  The Florida State Board of Education may adopt
15  rules it deems necessary to implement reporting requirements
16  for the Florida Virtual On-Line High School.
17         Section 27.  The Department of Education shall maximize
18  the available federal indirect cost allowed on all federal
19  grants. Beginning with the 2002-2003 fiscal year, none of the
20  funds received from indirect cost allowance shall be expended
21  by the department without specific appropriation by the
22  Legislature. Funds received pursuant to s. 240.241, Florida
23  Statutes, are specifically exempt from this provision.
24         Section 28.  Effective June 30, 2002, section 229.8065,
25  Florida Statutes, is repealed.
26         Section 29.  Effective July 1, 2002, subsection (2) of
27  section 229.085, Florida Statutes, is amended to read:
28         229.085  Custody of educational funds.--
29         (2)  There is created in the Department of Education
30  the Projects, Contracts, and Grants Trust Fund.  If, in
31  executing the terms of such grants or contracts for specific
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  1  projects, the employment of personnel shall be required, such
  2  personnel shall not be subject to the requirements of s.
  3  216.262(1)(a).  The personnel employed to plan and administer
  4  grants or contracts for specific such projects shall be
  5  considered in time-limited employment not to exceed the
  6  duration of the grant or until completion of the project,