Senate Bill sb1646
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Florida Senate - 2003 SB 1646
By Senator Constantine
22-1431A-03
1 A bill to be entitled
2 An act relating to implementation of Amendment
3 9 to the Florida Constitution (November 2002
4 election); providing a short title; amending s.
5 121.091, F.S.; authorizing instructional
6 personnel and school administrators who receive
7 authorization to extend participation in the
8 Deferred Retirement Option Program; amending s.
9 1001.42, F.S.; clarifying provisions concerning
10 a school-within-a-school; creating s. 1002.395,
11 F.S.; creating Florida Learning Access Grants;
12 providing for district participation in the
13 program; providing parental choice options;
14 providing obligations for participating school
15 districts; providing for parental obligations;
16 providing requirements for private school
17 eligibility; providing for an initial number of
18 grants; providing for grant renewal; providing
19 for disbursement of grants; limiting state
20 liability; requiring the Department of
21 Education to adopt rules; amending ss. 1003.01
22 and 1003.02, F.S.; defining the terms
23 "core-curricular courses" and "extracurricular
24 courses"; requiring school districts to notify
25 parents of acceleration mechanisms; eliminating
26 a cross-reference to conform to changes made by
27 the act; amending s. 1003.03, F.S.;
28 establishing constitutional class size caps;
29 providing exemptions from the constitutional
30 class size caps; providing for district wide
31 averages; providing for the department to
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1 calculate the district average based upon
2 student membership surveys; providing a toolbox
3 of implementation options for school districts;
4 providing accountability for the class size
5 reduction measures; amending s. 1003.43, F.S.;
6 removing the requirement that a life management
7 course be offered during the 9th and 10th grade
8 years; amending s. 1003.436, F.S.; reducing the
9 number of hours required for one full credit;
10 amending s. 1011.62, F.S.; removing a date
11 limitation to provide for categorical
12 flexibility; amending s. 1011.69, F.S.;
13 deleting obsolete provisions; providing that
14 Classrooms for Kids operating categorial funds
15 are not subject to provisions requiring equity
16 in school funding; amending s. 1012.56, F.S.;
17 amending the time period for an authorized
18 statement of status of eligibility for educator
19 certification requirements; amending
20 requirements for mastery of general knowledge
21 for a teaching certificate; revising
22 requirements for mastery of subject area
23 knowledge; revising requirements for mastery of
24 professional competence; amending s. 1012.57,
25 F.S.; requiring district school boards to adopt
26 rules to allow for the issuance of adjunct
27 educator certificates; amending s. 1013.03,
28 F.S.; requiring the department to review rules
29 relating to school construction and make
30 recommendations to the State Board of
31 Education; amending s. 1013.31, F.S.; requiring
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1 school districts to periodically update the
2 inventory of educational facilities; creating
3 s. 1013.368, F.S.; requiring all new schools
4 constructed by a specified date to meet certain
5 limits on the cost per student station;
6 repealing ss. 1002.33(13), 1012.41, 1013.21,
7 1013.43, and 1013.64(6)(e), F.S., relating to
8 number of charter schools, directors of career
9 and technical education, relocatable
10 facilities, the small school requirement, and
11 an exemption from requirements for the cost per
12 student station; providing for severability;
13 providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. This act may be cited as the "Class Size
18 Reduction Implementing Act."
19 Section 2. Paragraphs (a) and (b) of subsection (13)
20 of section 121.091, Florida Statutes, are amended to read:
21 121.091 Benefits payable under the system.--Benefits
22 may not be paid under this section unless the member has
23 terminated employment as provided in s. 121.021(39)(a) or
24 begun participation in the Deferred Retirement Option Program
25 as provided in subsection (13), and a proper application has
26 been filed in the manner prescribed by the department. The
27 department may cancel an application for retirement benefits
28 when the member or beneficiary fails to timely provide the
29 information and documents required by this chapter and the
30 department's rules. The department shall adopt rules
31 establishing procedures for application for retirement
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1 benefits and for the cancellation of such application when the
2 required information or documents are not received.
3 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general,
4 and subject to the provisions of this section, the Deferred
5 Retirement Option Program, hereinafter referred to as the
6 DROP, is a program under which an eligible member of the
7 Florida Retirement System may elect to participate, deferring
8 receipt of retirement benefits while continuing employment
9 with his or her Florida Retirement System employer. The
10 deferred monthly benefits shall accrue in the System Trust
11 Fund on behalf of the participant, plus interest compounded
12 monthly, for the specified period of the DROP participation,
13 as provided in paragraph (c). Upon termination of employment,
14 the participant shall receive the total DROP benefits and
15 begin to receive the previously determined normal retirement
16 benefits. Participation in the DROP does not guarantee
17 employment for the specified period of DROP.
18 (a) Eligibility of member to participate in the
19 DROP.--All active Florida Retirement System members in a
20 regularly established position, and all active members of
21 either the Teachers' Retirement System established in chapter
22 238 or the State and County Officers' and Employees'
23 Retirement System established in chapter 122 which systems are
24 consolidated within the Florida Retirement System under s.
25 121.011, are eligible to elect participation in the DROP
26 provided that:
27 1. The member is not a renewed member of the Florida
28 Retirement System under s. 121.122, or a member of the State
29 Community College System Optional Retirement Program under s.
30 121.051, the Senior Management Service Optional Annuity
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1 Program under s. 121.055, or the optional retirement program
2 for the State University System under s. 121.35.
3 2. Except as provided in subparagraph 6., election to
4 participate is made within 12 months immediately following the
5 date on which the member first reaches normal retirement date,
6 or, for a member who reaches normal retirement date based on
7 service before he or she reaches age 62, or age 55 for Special
8 Risk Class members, election to participate may be deferred to
9 the 12 months immediately following the date the member
10 attains 57, or age 52 for Special Risk Class members. For a
11 member who first reached normal retirement date or the
12 deferred eligibility date described above prior to the
13 effective date of this section, election to participate shall
14 be made within 12 months after the effective date of this
15 section. A member who fails to make an election within such
16 12-month limitation period shall forfeit all rights to
17 participate in the DROP. The member shall advise his or her
18 employer and the division in writing of the date on which the
19 DROP shall begin. Such beginning date may be subsequent to the
20 12-month election period, but must be within the 60-month or,
21 with respect to members who are instructional personnel as
22 defined in s. 1012.01(2)(a)-(d) in grades K-12 or school
23 administrators as defined in s. 1012.01(3)(c) and who have
24 received authorization by the district school superintendent
25 to participate in DROP for more than 60 months, the 96-month
26 limitation period as provided in subparagraph (b)1. When
27 establishing eligibility of the member to participate in the
28 DROP for the 60-month or, with respect to members who are
29 instructional personnel as defined in s. 1012.01(2)(a)-(d) in
30 grades K-12 or school administrators as defined in s.
31 1012.01(3)(c) and who have received authorization by the
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1 district school superintendent to participate in DROP for more
2 than 60 months, the 96-month maximum participation period, the
3 member may elect to include or exclude any optional service
4 credit purchased by the member from the total service used to
5 establish the normal retirement date. A member with dual
6 normal retirement dates shall be eligible to elect to
7 participate in DROP within 12 months after attaining normal
8 retirement date in either class.
9 3. The employer of a member electing to participate in
10 the DROP, or employers if dually employed, shall acknowledge
11 in writing to the division the date the member's participation
12 in the DROP begins and the date the member's employment and
13 DROP participation will terminate.
14 4. Simultaneous employment of a participant by
15 additional Florida Retirement System employers subsequent to
16 the commencement of participation in the DROP shall be
17 permissible provided such employers acknowledge in writing a
18 DROP termination date no later than the participant's existing
19 termination date or the 60-month limitation period as provided
20 in subparagraph (b)1.
21 5. A DROP participant may change employers while
22 participating in the DROP, subject to the following:
23 a. A change of employment must take place without a
24 break in service so that the member receives salary for each
25 month of continuous DROP participation. If a member receives
26 no salary during a month, DROP participation shall cease
27 unless the employer verifies a continuation of the employment
28 relationship for such participant pursuant to s.
29 121.021(39)(b).
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1 b. Such participant and new employer shall notify the
2 division on forms required by the division as to the identity
3 of the new employer.
4 c. The new employer shall acknowledge, in writing, the
5 participant's DROP termination date, which may be extended but
6 not beyond the original 60-month or, with respect to members
7 who are instructional personnel as defined in s.
8 1012.01(2)(a)-(d) in grades K-12 or school administrators as
9 defined in s. 1012.01(3)(c) and who have received
10 authorization by the district school superintendent to
11 participate in DROP for more than 60 months, the 96-month
12 period provided in subparagraph (b)1., shall acknowledge
13 liability for any additional retirement contributions and
14 interest required if the participant fails to timely terminate
15 employment, and shall be subject to the adjustment required in
16 sub-subparagraph (c)5.d.
17 6. Effective July 1, 2001, for instructional personnel
18 as defined in s. 1012.01(2), election to participate in the
19 DROP shall be made at any time following the date on which the
20 member first reaches normal retirement date. The member shall
21 advise his or her employer and the division in writing of the
22 date on which the Deferred Retirement Option Program shall
23 begin. When establishing eligibility of the member to
24 participate in the DROP for the 60-month or, with respect to
25 members who are instructional personnel as defined in s.
26 1012.01(2)(a)-(d) in grades K-12 or school administrators as
27 defined in s. 1012.01(3)(c) and who have received
28 authorization by the district school superintendent to
29 participate in DROP for more than 60 months, the 96-month
30 maximum participation period, as provided in subparagraph
31 (b)1., the member may elect to include or exclude any optional
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1 service credit purchased by the member from the total service
2 used to establish the normal retirement date. A member with
3 dual normal retirement dates shall be eligible to elect to
4 participate in either class.
5 (b) Participation in the DROP.--
6 1. An eligible member may elect to participate in the
7 DROP for a period not to exceed a maximum of 60 calendar
8 months or, with respect to members who are instructional
9 personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12 or
10 school administrators as defined in s. 1012.01(3)(c) and who
11 have received authorization by the district school
12 superintendent to participate in DROP for more than 60
13 calendar months, a maximum of 96 calendar months immediately
14 following the date on which the member first reaches his or
15 her normal retirement date or the date to which he or she is
16 eligible to defer his or her election to participate as
17 provided in subparagraph (a)2. However, a member who has
18 reached normal retirement date prior to the effective date of
19 the DROP shall be eligible to participate in the DROP for a
20 period of time not to exceed 60 calendar months or, with
21 respect to members who are instructional personnel as defined
22 in s. 1012.01(2)(a)-(d) in grades K-12 or school
23 administrators as defined in s. 1012.01(3)(c) and who have
24 received authorization by the district school superintendent
25 to participate in DROP for more than 60 calendar months, 96
26 calendar months immediately following the effective date of
27 the DROP, except a member of the Special Risk Class who has
28 reached normal retirement date prior to the effective date of
29 the DROP and whose total accrued value exceeds 75 percent of
30 average final compensation as of his or her effective date of
31 retirement shall be eligible to participate in the DROP for no
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1 more than 36 calendar months immediately following the
2 effective date of the DROP.
3 2. Upon deciding to participate in the DROP, the
4 member shall submit, on forms required by the division:
5 a. A written election to participate in the DROP;
6 b. Selection of the DROP participation and termination
7 dates, which satisfy the limitations stated in paragraph (a)
8 and subparagraph 1. Such termination date shall be in a
9 binding letter of resignation with the employer, establishing
10 a deferred termination date. The member may change the
11 termination date within the limitations of subparagraph 1.,
12 but only with the written approval of his or her employer;
13 c. A properly completed DROP application for service
14 retirement as provided in this section; and
15 d. Any other information required by the division.
16 3. The DROP participant shall be a retiree under the
17 Florida Retirement System for all purposes, except for
18 paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,
19 121.053, and 121.122. However, participation in the DROP does
20 not alter the participant's employment status and such
21 employee shall not be deemed retired from employment until his
22 or her deferred resignation is effective and termination
23 occurs as provided in s. 121.021(39).
24 4. Elected officers shall be eligible to participate
25 in the DROP subject to the following:
26 a. An elected officer who reaches normal retirement
27 date during a term of office may defer the election to
28 participate in the DROP until the next succeeding term in that
29 office. Such elected officer who exercises this option may
30 participate in the DROP for up to 60 calendar months or a
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1 period of no longer than such succeeding term of office,
2 whichever is less.
3 b. An elected or a nonelected participant may run for
4 a term of office while participating in DROP and, if elected,
5 extend the DROP termination date accordingly, except, however,
6 if such additional term of office exceeds the 60-month
7 limitation established in subparagraph 1., and the officer
8 does not resign from office within such 60-month limitation,
9 the retirement and the participant's DROP shall be null and
10 void as provided in sub-subparagraph (c)5.d.
11 c. An elected officer who is dually employed and
12 elects to participate in DROP shall be required to satisfy the
13 definition of termination within the 60-month or, with respect
14 to members who are instructional personnel as defined in s.
15 1012.01(2)(a)-(d) in grades K-12 or school administrators as
16 defined in s. 1012.01(3)(c) and who have received
17 authorization by the district school superintendent to
18 participate in DROP for more than 60 months, the 96-month
19 limitation period as provided in subparagraph 1. for the
20 nonelected position and may continue employment as an elected
21 officer as provided in s. 121.053. The elected officer will be
22 enrolled as a renewed member in the Elected Officers' Class or
23 the Regular Class, as provided in ss. 121.053 and 121.22, on
24 the first day of the month after termination of employment in
25 the nonelected position and termination of DROP. Distribution
26 of the DROP benefits shall be made as provided in paragraph
27 (c).
28 Section 3. Subsection (20) of section 1001.42, Florida
29 Statutes, is amended to read:
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1 1001.42 Powers and duties of district school
2 board.--The district school board, acting as a board, shall
3 exercise all powers and perform all duties listed below:
4 (20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
5 anonymity of students in large schools, adopt policies to
6 encourage any large school that does not meet the definition
7 of a small school, as established by s. 1013.43(2), to
8 subdivide into schools-within-a-school that shall operate
9 within existing resources in accordance with the provisions of
10 chapter 1003.
11 Section 4. Section 1002.395, Florida Statutes, is
12 created to read:
13 1002.395 Florida Learning Access Grants.--
14 (1) SHORT TITLE.--This section may be cited as the
15 "Florida Learning Access Grant Act."
16 (2) DISTRICT PARTICIPATION.--A school district may
17 choose to implement this program as a strategy to reduce class
18 size in the school district pursuant to s. 1003.03(3). A
19 school district may be required to participate in this program
20 to reduce class size if the Department of Education so
21 determines pursuant to s. 1003.03(4)(b).
22 (3) PARENTAL CHOICE.--The parent of any student in
23 grades K-12 in a school district participating in the program
24 pursuant to subsection (2) who is enrolled and in attendance
25 during the October and February FTE enrollment counts in a
26 state public school may, for the following school year:
27 (a) Opt to have the student remain in the school in
28 which the student is enrolled; or
29 (b) Opt to request, on an annual basis, a Florida
30 Learning Access Grant of $3,500 to assist the parent in paying
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1 for the student's attendance at an eligible private school of
2 the parent's choice.
3 (4) PARTICIPATING SCHOOL DISTRICT OBLIGATIONS.--Each
4 school district participating in this program shall annually
5 by February 22, for each K-12 student eligible under
6 subsection (3), notify the parent that the district has chosen
7 to offer Florida Learning Access Grants and provide the parent
8 with the parental-choice options for the following school year
9 as provided in subsection (3).
10 (5) PARENT OBLIGATIONS.--
11 (a) The parent shall notify the school district as to
12 which of the options provided in subsection (3) the parent
13 wishes to choose.
14 1. Failure of the parent to provide notification shall
15 constitute the choice of the option provided by paragraph
16 (3)(a).
17 2. If the parent chooses the option provided by
18 paragraph (3)(b), the parent must:
19 a. Obtain acceptance for admission of the student to a
20 private school eligible under subsection (6) as soon as
21 possible, and inform the private school that the student will
22 be using a Florida Learning Access Grant.
23 b. Notify the Department of Education of the parent's
24 request for a Florida Learning Access Grant and the name and
25 address of the selected private school.
26 c. Agree to provide transportation for the student to
27 the private school, if necessary.
28 d. Agree to pay any costs associated with the
29 student's attendance at the private school that exceed the
30 annual amount of the Florida Learning Access Grant.
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1 e. Agree that the education provided by the private
2 school selected shall satisfy the student's full need for
3 educational services from the student's school.
4 (b) After the first year of the student's attending a
5 private school under the Florida Learning Access Grants
6 program, the parent must annually notify the Department of
7 Education if the parent intends to renew the grant according
8 to the provisions of subsection (8) in order for the student
9 to continue in the program, together with the name and address
10 of the private school selected for the student for the
11 following year.
12 (6) PRIVATE SCHOOL ELIGIBILITY.--Eligibility of a
13 private school shall be determined by the parental oversight
14 and accountability requirements that, coupled with the
15 exercise of parental choice, are reasonably necessary to
16 secure the educational public purpose. To be eligible to
17 participate in the Florida Learning Access Grants program, a
18 private school must be a state private school, may be
19 sectarian or nonsectarian, and must:
20 (a) Demonstrate fiscal soundness by being in operation
21 for 1 school year or provide the Department of Education with
22 a statement by a certified public accountant confirming that
23 the private school desiring to participate is insured and the
24 owner or owners have sufficient capital or credit to operate
25 the school for the upcoming year, serving the number of
26 students anticipated with expected revenues from tuition and
27 other sources that may be reasonably expected. In lieu of such
28 a statement, a surety bond or letter of credit for the amount
29 equal to the Florida Learning Access Grant funds for any
30 school year may be filed with the department.
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1 (b) Notify the Department of Education and the school
2 district in the service areas in which the school is located
3 of its intent to participate in the program under this section
4 as early as possible, but no later than July 1 preceding the
5 school year in which it intends to participate. The notice
6 must specify the grade levels and services that the private
7 school has available for the Florida Learning Access Grants
8 program.
9 (c) Comply with the antidiscrimination provisions of
10 42 U.S.C. s. 2002d.
11 (d) Meet state and local health and safety laws and
12 codes.
13 (e) Comply with all state statutes applicable to the
14 general regulation of private schools.
15 (f) If a Florida Learning Access Grant student's
16 parent so requests, coordinate with the local school district
17 the locations and times for the student to take all statewide
18 assessments pursuant to s. 1008.22.
19 (7) INITIAL FLORIDA LEARNING ACCESS GRANTS.--
20 (a) Initial class size grants shall be offered on a
21 first-come, first-served basis.
22 (b) The number of initial Florida Learning Access
23 Grants to be awarded shall be determined annually by the
24 Department of Education based upon the department's
25 determination of the number that would be necessary to reduce
26 class size to meet the district's two-student-per-year
27 reduction goals established by the department pursuant to s.
28 1003.03(2) or to meet the constitutional class size maximum
29 caps described in s. 1003.03(1). However, a district school
30 board may authorize more Florida Learning Access Grants than
31 the number established by the department.
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1 (8) FLORIDA LEARNING ACCESS GRANT RENEWAL.--For
2 purposes of educational continuity and parental choice, a
3 Florida Learning Access Grant, once awarded, shall be
4 renewable for as long as the parent is a state resident who
5 opts for continuation of the grant for the student and the
6 student lawfully attends an eligible private school, through
7 the 12th grade. The Florida Learning Access Grant may be
8 transferred from one eligible private school to another upon
9 the school's acceptance of the student and the parent's
10 provision of adequate notice to the Department of Education. A
11 parent may, however, at any time opt to return the student to
12 the public school.
13 (9) FLORIDA LEARNING ACCESS GRANT DISBURSEMENT.--Upon
14 proper documentation reviewed and approved by the Department
15 of Education, the Comptroller shall make Florida Learning
16 Access Grant payments in four equal amounts no later than
17 September 1, November 1, February 1, and April 1 of each
18 academic year. The initial payment shall be made after
19 verification of admission acceptance by the Department of
20 Education, and subsequent payments shall be made upon
21 verification of the student's continued enrollment and
22 attendance at the private school. Payment must be by
23 individual warrant made payable to the student's parent and
24 mailed by the Department of Education to the private school of
25 the parent's choice, and the parent shall restrictively
26 endorse the warrant to the private school.
27 (10) LIABILITY.--No liability shall arise on the part
28 of the state based on the award or use of any Florida Learning
29 Access Grant.
30 (11) DEPARTMENT OF EDUCATION OBLIGATIONS.--
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1 (a)1. Upon notification of the number of students
2 whose parents have opted to request initial Florida Learning
3 Access Grants, the department shall transfer from general
4 revenue funds appropriated to the school district the total
5 amount of annual grants of $3,500 for the district's students
6 from the Florida Education Finance Program to a separate
7 account for the disbursement of the initial Florida Learning
8 Access Grants.
9 2. The Department of Education shall, in its annual
10 budget, provide for Florida Learning Access Grants for parents
11 who wish their children to continue participation in the
12 Florida Learning Access Grants program beyond the initial year
13 of participation.
14 (b) The Department of Education shall administer the
15 Florida Learning Access Grants program and the State Board of
16 Education may adopt rules pursuant to ss. 120.536(1) and
17 120.54 to administer this section. However, the inclusion of
18 eligible private schools within options available to state
19 public school students does not expand the regulatory
20 authority of the state, its officers, or any school district
21 to impose any additional regulation of private schools beyond
22 those reasonably necessary to enforce requirements expressly
23 set forth in this section.
24 Section 5. Subsections (14) and (15) are added to
25 section 1003.01, Florida Statutes, to read:
26 1003.01 Definitions.--As used in this chapter, the
27 term:
28 (14) "Core-curricula courses" mean courses defined by
29 the Department of Education as mathematics, language
30 arts/reading, science, social studies, foreign language,
31 English for Speakers of Other Languages, exceptional student
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1 education, and courses taught in traditional self-contained
2 elementary school classrooms.
3 (15) "Extracurricular courses" means all courses that
4 are not defined as "core-curricula courses," which may
5 include, but are not limited to, physical education, fine
6 arts, performing fine arts, vocational education, and career
7 and technical education.
8 Section 6. Paragraph (i) is added to subsection (1) of
9 section 1003.02, Florida Statutes, and subsection (4) of that
10 section is amended, to read:
11 1003.02 District school board operation and control of
12 public K-12 education within the school district.--As provided
13 in part II of chapter 1001, district school boards are
14 constitutionally and statutorily charged with the operation
15 and control of public K-12 education within their school
16 district. The district school boards must establish, organize,
17 and operate their public K-12 schools and educational
18 programs, employees, and facilities. Their responsibilities
19 include staff development, public K-12 school student
20 education including education for exceptional students and
21 students in juvenile justice programs, special programs, adult
22 education programs, and career and technical education
23 programs. Additionally, district school boards must:
24 (1) Provide for the proper accounting for all students
25 of school age, for the attendance and control of students at
26 school, and for proper attention to health, safety, and other
27 matters relating to the welfare of students in the following
28 fields:
29 (i) Parental notification of acceleration
30 mechanisms.--At the beginning of each school year, notify
31 parents of students in or entering high school of the
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1 opportunity and benefits of advanced placement, International
2 Baccalaureate, Advanced International Certificate of
3 Education, dual enrollment, and Florida Virtual School
4 courses.
5 (4) For any school within the district that is not in
6 compliance with the small school size requirements of chapter
7 1013, In order to reduce the anonymity of students in large
8 schools, adopt policies that encourage subdivision of the
9 school into schools-within-a-school, which shall operate
10 within existing resources. A "school-within-a-school" means an
11 operational program that uses flexible scheduling, team
12 planning, and curricular and instructional innovation to
13 organize groups of students with groups of teachers as smaller
14 units, so as to functionally operate as a smaller school.
15 Examples of this include, but are not limited to:
16 (a) An organizational arrangement assigning both
17 students and teachers to smaller units in which the students
18 take some or all of their coursework with their fellow grouped
19 students and from the teachers assigned to the smaller unit. A
20 unit may be grouped together for 1 year or on a vertical,
21 multiyear basis.
22 (b) An organizational arrangement similar to that
23 described in paragraph (a) with additional variations in
24 instruction and curriculum. The smaller unit usually seeks to
25 maintain a program different from that of the larger school,
26 or of other smaller units. It may be vertically organized, but
27 is dependent upon the school principal for its existence,
28 budget, and staff.
29 (c) A separate and autonomous smaller unit formally
30 authorized by the district school board or district school
31 superintendent. The smaller unit plans and runs its own
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1 program, has its own staff and students, and receives its own
2 separate budget. The smaller unit must negotiate the use of
3 common space with the larger school and defer to the building
4 principal on matters of safety and building operation.
5 Section 7. Section 1003.03, Florida Statutes, is
6 amended to read:
7 (Substantial rewording of section. See
8 s. 1003.03, F.S., for present text.)
9 1003.03 Maximum class size.--
10 (1) CONSTITUTIONAL CLASS SIZE MAXIMUM CAPS.--Pursuant
11 to s. 1, Art. IX of the State Constitution, beginning in the
12 2010-2011 school year:
13 (a) The maximum number of students assigned to each
14 teacher who is teaching core-curricula courses in public
15 school classrooms for prekindergarten through grade 3 may not
16 exceed 18 students.
17 (b) The maximum number of students assigned to each
18 teacher who is teaching core-curricula courses in public
19 school classrooms for grades 4 through 8 may not exceed 22
20 students.
21 (c) The maximum number of students assigned to each
22 teacher who is teaching core-curricula courses in public
23 school classrooms for grades 9 through 12 may not exceed 25
24 students.
25
26 As alternatives to traditional public schools, charter
27 schools, the Florida Virtual School, and advanced placement,
28 International Baccalaureate, Advanced International
29 Certificate of Education, and dual enrollment classes are not
30 encompassed within the definition of core-curricula courses in
31 public school classrooms.
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1 (2) IMPLEMENTATION.--
2 (a) Beginning with the 2003-2004 fiscal year, school
3 districts shall reduce the district-wide average number of
4 students per classroom in each of the following grade
5 groupings: prekindergarten through grade 3, grade 4 through
6 grade 8, and grade 9 through grade 12, by at least two
7 students per year until the maximum number of students per
8 classroom does not exceed the constitutional class size
9 maximum caps described in subsection (1).
10 (b) The Department of Education shall annually
11 calculate each of the three district average class size
12 measures defined in paragraph (a) based upon the October and
13 February student membership surveys. For purposes of
14 determining the baseline from which each district's average
15 class size must be reduced for the 2003-2004 school year, the
16 department shall use data from the February 2003 student
17 membership survey.
18 (c) Prior to the adoption of the district school
19 budget for 2003-2004, each district school board shall hold
20 public hearings to review school attendance zones in order to
21 maximize use of facilities while minimizing the additional use
22 of transportation in order to comply with the
23 two-student-per-year reduction required in paragraph (a).
24 School districts that meet the constitutional class size
25 maximum caps described in subsection (1) are exempt from this
26 requirement.
27 (3) TOOLBOX OF IMPLEMENTATION OPTIONS.--District
28 school boards must consider, but are not limited to,
29 implementing the following items in order to meet the
30 constitutional class size maximum caps described in subsection
31
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1 (1) and the two-student-per-year reduction required in
2 subsection (2):
3 (a) Adopt policies to encourage qualified students to
4 take dual enrollment courses.
5 (b) Adopt policies to encourage students to take
6 courses from the Florida Virtual School.
7 (c) Repeal district school board policies that require
8 students to have more than 24 credits to graduate from high
9 school.
10 (d) Use methods to maximize use of instructional
11 staff, such as changing required teaching loads and scheduling
12 of planning periods, deploying district employees that have
13 professional certification to the classroom, using adjunct
14 educators, or any other method not prohibited by law.
15 (e) Use innovative methods to reduce the cost of
16 school construction by using prototype school designs, using
17 SMART Schools designs, participating in the School
18 Infrastructure Thrift Program, or any other method not
19 prohibited by law.
20 (f) Use joint-use facilities through partnerships with
21 community colleges, state universities, and private colleges
22 and universities.
23 (g) Adopt alternative methods of class scheduling,
24 such as block scheduling.
25 (h) Redraw school attendance zones to maximize use of
26 facilities while minimizing the additional use of
27 transportation.
28 (i) Operate schools beyond the normal operating hours
29 to provide classes in the evening or operate more than one
30 session of school during the day.
31
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1 (j) Use year-round schools and other nontraditional
2 calendars that do not adversely impact annual assessment of
3 student achievement.
4 (k) Implement Florida Learning Access Grants as
5 provided in s. 1002.395.
6 (l) Review and consider amending any collective
7 bargaining contracts that hinder the implementation of class
8 size reduction.
9 (m) Use any other approach not prohibited by law.
10 (4) ACCOUNTABILITY.--
11 (a) Beginning in 2004 until 2008, the department shall
12 determine by January 15 of each year which districts have not
13 met the two-student-per-year reduction required in subsection
14 (2) for the current year based upon a comparison of the
15 district's October student membership survey for the current
16 school year and the October student membership survey for the
17 prior school year. The department shall report such districts
18 to the Legislature. Each district that has not met the
19 two-student-per-year reduction as identified by the department
20 shall be required to implement one of the following policies
21 in the subsequent school year unless the department finds that
22 the district comes into compliance based upon the February
23 student membership survey:
24 1. Rezoning;
25 2. Year-round schools;
26 3. Double sessions; or
27 4. Florida Learning Access Grants as provided in s.
28 1002.395.
29
30 A school district that is required to implement the policies
31 outlined in subparagraphs 1. through 4. shall do so in such a
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1 way in the year of implementation so as to make up for any
2 past deficiencies and bring the district into compliance with
3 the two-student-per-year reduction goals established for the
4 district by the department pursuant to subsection (2). A
5 school district may choose to implement more than one of these
6 policies. The district school superintendent shall report to
7 the Commissioner of Education on the extent to which the
8 district implemented any of the policies outlined in
9 subparagraphs 1. through 4. in a format to be specified by the
10 Commissioner. The Department of Education shall use the
11 enforcement authority provided in s. 1008.32, to ensure that
12 districts comply with the provisions of this paragraph.
13 (b) Beginning in 2008, the department shall annually
14 determine which districts do not meet the constitutional class
15 size maximum caps described in subsection (1). In addition to
16 enforcement authority provided in s. 1008.32, the Department
17 of Education shall develop a constitutional compliance plan
18 for each such district which consists of, but is not limited
19 to, the accountability policies listed in paragraph (a). Each
20 district school board shall implement the constitutional
21 compliance plan developed by the state board until the
22 district comes into compliance with the constitutional class
23 size maximum caps.
24 Section 8. Paragraph (i) of subsection (1) of section
25 1003.43, Florida Statutes, is amended to read:
26 1003.43 General requirements for high school
27 graduation.--
28 (1) Graduation requires successful completion of
29 either a minimum of 24 academic credits in grades 9 through 12
30 or an International Baccalaureate curriculum. The 24 credits
31 shall be distributed as follows:
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1 (i) One-half credit in life management skills to
2 include consumer education, positive emotional development,
3 marriage and relationship skill-based education, nutrition,
4 prevention of human immunodeficiency virus infection and
5 acquired immune deficiency syndrome and other sexually
6 transmissible diseases, benefits of sexual abstinence and
7 consequences of teenage pregnancy, information and instruction
8 on breast cancer detection and breast self-examination,
9 cardiopulmonary resuscitation, drug education, and the hazards
10 of smoking. Such credit shall be given for a course to be
11 taken by all students in either the 9th or 10th grade.
12
13 District school boards may award a maximum of one-half credit
14 in social studies and one-half elective credit for student
15 completion of nonpaid voluntary community or school service
16 work. Students choosing this option must complete a minimum
17 of 75 hours of service in order to earn the one-half credit in
18 either category of instruction. Credit may not be earned for
19 service provided as a result of court action. District school
20 boards that approve the award of credit for student volunteer
21 service shall develop guidelines regarding the award of the
22 credit, and school principals are responsible for approving
23 specific volunteer activities. A course designated in the
24 Course Code Directory as grade 9 through grade 12 that is
25 taken below the 9th grade may be used to satisfy high school
26 graduation requirements or Florida Academic Scholars award
27 requirements as specified in a district school board's student
28 progression plan. A student shall be granted credit toward
29 meeting the requirements of this subsection for equivalent
30 courses, as identified pursuant to s. 1007.271(6), taken
31 through dual enrollment.
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1 Section 9. Paragraph (a) of subsection (1) of section
2 1003.436, Florida Statutes, is amended to read:
3 1003.436 Definition of "credit".--
4 (1)(a) For the purposes of requirements for high
5 school graduation, one full credit means a minimum of 120 135
6 hours of bona fide instruction in a designated course of study
7 that contains student performance standards. The State Board
8 of Education shall determine the number of postsecondary
9 credit hours earned through dual enrollment pursuant to s.
10 1007.271 that satisfy the requirements of a district's
11 interinstitutional articulation agreement according to s.
12 1007.235 and that equal one full credit of the equivalent high
13 school course identified pursuant to s. 1007.271(6).
14 Section 10. Paragraph (b) of subsection (5) of section
15 1011.62, Florida Statutes, is amended to read:
16 1011.62 Funds for operation of schools.--If the annual
17 allocation from the Florida Education Finance Program to each
18 district for operation of schools is not determined in the
19 annual appropriations act or the substantive bill implementing
20 the annual appropriations act, it shall be determined as
21 follows:
22 (5) CATEGORICAL FUNDS.--
23 (b) For fiscal year 2002-2003, If a district school
24 board finds and declares in a resolution adopted at a regular
25 meeting of the school board that the funds received for any of
26 the following categorical appropriations are urgently needed
27 to maintain school board specified academic classroom
28 instruction, the school board may consider and approve an
29 amendment to the school district operating budget transferring
30 the identified amount of the categorical funds to the
31 appropriate account for expenditure:
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1 1. Funds for student transportation.
2 2. Funds for in-service educational personnel
3 training.
4 3. Funds for safe schools.
5 4. Funds for public school technology.
6 5. Funds for teacher recruitment and retention.
7 5.6. Funds for supplemental academic instruction.
8 Section 11. Section 1011.69, Florida Statutes, is
9 amended to read:
10 1011.69 Equity in School-Level Funding Act.--
11 (1) This section may be cited as the "Equity in
12 School-Level Funding Act."
13 (2)(a) Beginning in the 2000-2001 fiscal year,
14 district school boards shall allocate to each school within
15 the district at least 50 percent of the funds generated by
16 that school based upon the Florida Education Finance Program
17 as provided in s. 1011.62 and the General Appropriations Act,
18 including gross state and local funds, discretionary lottery
19 funds, and funds from the school district's current operating
20 discretionary millage levy.
21 (b) Beginning in the 2001-2002 fiscal year, district
22 school boards shall allocate to each school within the
23 district at least 65 percent of the funds generated by that
24 school based upon the Florida Education Finance Program as
25 provided in s. 1011.62 and the General Appropriations Act,
26 including gross state and local funds, discretionary lottery
27 funds, and funds from the school district's current operating
28 discretionary millage levy.
29 (c) Beginning in the 2002-2003 fiscal year, district
30 school boards shall allocate to each school within the
31 district at least 80 percent of the funds generated by that
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1 school based upon the Florida Education Finance Program as
2 provided in s. 1011.62 and the General Appropriations Act,
3 including gross state and local funds, discretionary lottery
4 funds, and funds from the school district's current operating
5 discretionary millage levy.
6 (d) Beginning in the 2003-2004 fiscal year, district
7 school boards shall allocate to each school within the
8 district at least 90 percent of the funds generated by that
9 school based upon the Florida Education Finance Program as
10 provided in s. 1011.62 and the General Appropriations Act,
11 including gross state and local funds, discretionary lottery
12 funds, and funds from the school district's current operating
13 discretionary millage levy. Total funding for each school
14 shall be recalculated during the year to reflect the revised
15 calculations under the Florida Education Finance Program by
16 the state and the actual weighted full-time equivalent
17 students reported by the school during the full-time
18 equivalent student survey periods designated by the
19 Commissioner of Education. If the district school board is
20 providing programs or services to students funded by federal
21 funds, any eligible students enrolled in the schools in the
22 district shall be provided federal funds. Only those districts
23 that initially applied for charter school district status,
24 pursuant to s. 1003.62, and have been approved by the State
25 Board of Education are exempt from the provisions of this
26 section.
27 (3) Funds allocated to a school pursuant to this
28 section that are unused at the end of the fiscal year shall
29 not revert to the district, but shall remain with the school.
30 These carryforward funds may be used for any purpose provided
31 by law at the discretion of the principal of the school.
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1 (4) The following funds are excluded from the
2 school-level allocation under this section:
3 (4) Recommendations made by the Governor's Equity in
4 Educational Opportunity Task Force shall be reviewed to
5 identify potential categorical funds to be included in the
6 district allocation methodology required in subsection (2).
7 (a)(5) Funds appropriated in the General
8 Appropriations Act for supplemental academic instruction to be
9 used for the purposes described in s. 1011.62(1)(f); and
10 (b) Funds appropriated in the General Appropriations
11 Act for the Classrooms for Kids operating categorical
12 established in s. 1011.685 are excluded from the school-level
13 allocation under this section.
14 Section 12. Paragraph (b) of subsection (1) and
15 subsections (3), (4), and (5) of section 1012.56, Florida
16 Statutes, are amended to read:
17 1012.56 Educator certification requirements.--
18 (1) APPLICATION.--Each person seeking certification
19 pursuant to this chapter shall submit a completed application
20 containing the applicant's social security number to the
21 Department of Education and remit the fee required pursuant to
22 s. 1012.59 and rules of the State Board of Education. Pursuant
23 to the federal Personal Responsibility and Work Opportunity
24 Reconciliation Act of 1996, each party is required to provide
25 his or her social security number in accordance with this
26 section. Disclosure of social security numbers obtained
27 through this requirement shall be limited to the purpose of
28 administration of the Title IV-D program of the Social
29 Security Act for child support enforcement. Pursuant to s.
30 120.60, the department shall issue within 90 calendar days
31 after the stamped receipted date of the completed application:
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1 (a) A certificate covering the classification, level,
2 and area for which the applicant is deemed qualified; or
3 (b) An official statement of status of eligibility.
4 The statement of status of eligibility must advise the
5 applicant of any qualifications that must be completed to
6 qualify for certification. Each statement of status of
7 eligibility is valid for 2 years after its date of issuance,
8 except as provided in paragraph (2)(d). A statement of status
9 of eligibility may be reissued for one additional 2-year
10 period if application is made while the initial statement of
11 status of eligibility is valid or within 1 year after the
12 initial statement expires, and if the certification subject
13 area is authorized to be issued by the state board at the time
14 the application requesting a reissued statement of status of
15 eligibility is received.
16 (3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
17 demonstrating mastery of general knowledge are:
18 (a) Achievement of passing scores on basic skills
19 examination required by state board rule;
20 (b) Achievement of passing scores on the College Level
21 Academic Skills Test earned prior to July 1, 2002;
22 (c) A valid professional standard teaching certificate
23 issued by another state that requires an examination of
24 mastery of general knowledge;
25 (d) A valid standard teaching certificate issued by
26 another state and valid certificate issued by the National
27 Board for Professional Teaching Standards or other such
28 nationally recognized organization as determined by the State
29 Board of Education; or
30 (e) Documentation of two semesters of successful
31 teaching in a community college, state university, or private
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1 college or university that awards an associate's or higher
2 degree and is an accredited institution or an institution of
3 higher education identified by the Department of Education as
4 having a quality program. A valid standard teaching
5 certificate issued by another state and documentation of 2
6 years of continuous successful full-time teaching or
7 administrative experience during the 5-year period immediately
8 preceding the date of application for certification.
9 (4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable
10 means of demonstrating mastery of subject area knowledge are:
11 (a) Achievement of passing scores on subject area
12 examinations required by state board rule;
13 (b) Completion of the subject area specialization
14 requirements specified in state board rule and verification of
15 the attainment of the essential subject matter competencies by
16 the district school superintendent of the employing school
17 district or chief administrative officer of the employing
18 state-supported or private school for a subject area for which
19 a subject area examination has not been developed and required
20 by state board rule;
21 (c) Completion of the graduate level subject area
22 specialization requirements specified in state board rule for
23 a subject coverage requiring a master's or higher degree and
24 achievement of a passing score on the subject area examination
25 specified in state board rule;
26 (d) A valid standard teaching certificate issued by
27 another state that requires an examination of mastery of
28 subject area knowledge; or
29 (e) A valid standard teaching certificate issued by
30 another state and valid certificate issued by the National
31 Board for Professional Teaching Standards or other such
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1 nationally recognized organization as determined by the State
2 Board of Education.; or
3 (f) A valid standard teaching certificate issued by
4 another state and documentation of 2 years of continuous
5 successful full-time teaching or administrative experience
6 during the 5-year period immediately preceding the date of
7 application for certification.
8 (5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
9 COMPETENCE.--Acceptable means of demonstrating mastery of
10 professional preparation and education competence are:
11 (a) Completion of an approved teacher preparation
12 program at a postsecondary educational institution within this
13 state and achievement of a passing score on the professional
14 education competency examination required by state board rule;
15 (b) Completion of a teacher preparation program at a
16 postsecondary educational institution outside Florida and
17 achievement of a passing score on the professional education
18 competency examination required by state board rule;
19 (c) A valid professional standard teaching certificate
20 issued by another state that requires an examination of
21 mastery of professional education competence;
22 (d) A valid standard teaching certificate issued by
23 another state and valid certificate issued by the National
24 Board for Professional Teaching Standards or other such
25 nationally recognized organization as determined by the State
26 Board of Education;
27 (e) Documentation of two semesters of successful
28 teaching in a community college, state university, or private
29 college or university that awards an associate's or higher
30 degree and is an accredited institution or an institution of
31 higher education identified by the Department of Education as
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1 having a quality program A valid standard teaching certificate
2 issued by another state and documentation of 2 years of
3 continuous successful full-time teaching or administrative
4 experience during the 5-year period immediately preceding the
5 date of application for certification;
6 (f) Completion of professional preparation courses as
7 specified in state board rule, successful completion of a
8 professional education competence demonstration program
9 pursuant to paragraph (7)(b), and achievement of a passing
10 score on the professional education competency examination
11 required by state board rule; or
12 (g) Successful completion of a professional
13 preparation alternative certification and education competency
14 program, outlined in paragraph (7)(a).
15 Section 13. Subsection (1) of section 1012.57, Florida
16 Statutes, is amended to read:
17 1012.57 Certification of adjunct educators.--
18 (1) Notwithstanding the provisions of ss. 1012.32,
19 1012.55, and 1012.56, or any other provision of law or rule to
20 the contrary, district school boards shall adopt rules to
21 allow for the issuance of may issue an adjunct teaching
22 certificate to any applicant who fulfills the requirements of
23 s. 1012.56(2)(a)-(f) and who has expertise in the subject area
24 to be taught. An applicant shall be considered to have
25 expertise in the subject area to be taught if the applicant
26 has at least a major minor in the subject area or demonstrates
27 sufficient subject area mastery through passage of a subject
28 area test as determined by district school board policy. The
29 adjunct teaching certificate shall be used for part-time
30 teaching positions. The intent of this provision is to allow
31 school districts to tap the wealth of talent and expertise
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1 represented in Florida's citizens who may wish to teach
2 part-time in a Florida public school by permitting school
3 districts to issue adjunct certificates. Adjunct
4 certificateholders should be used as a strategy to reduce the
5 teacher shortage; thus, adjunct certificateholders should
6 supplement a school's instructional staff, not supplant it.
7 Each school principal shall assign an experienced peer mentor
8 to assist the adjunct teaching certificateholder during the
9 certificateholder's first year of teaching, and an adjunct
10 certificateholder may participate in a district's new teacher
11 training program. District school boards shall provide the
12 adjunct teaching certificateholder an orientation in classroom
13 management prior to assigning the certificateholder to a
14 school. Each adjunct teaching certificate is valid for 5
15 school years and is renewable if:
16 (a) The applicant completes a minimum of 60 inservice
17 points or 3 semester hours of college credit. The earned
18 credits must include instruction in classroom management,
19 district school board procedures, school culture, and other
20 activities that enhance the professional teaching skills of
21 the certificateholder.
22 (b) The applicant has received satisfactory
23 performance evaluations during each year of teaching under
24 adjunct teaching certification.
25 Section 14. Subsection (13) is added to section
26 1013.03, Florida Statutes, to read:
27 1013.03 Functions of the department.--The functions of
28 the Department of Education as it pertains to educational
29 facilities shall include, but not be limited to, the
30 following:
31
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1 (13) By October 1, 2003, review all rules related to
2 school construction to identify requirements that are
3 outdated, obsolete, unnecessary, or otherwise could be amended
4 in order to provide additional flexibility to school districts
5 to comply with the constitutional class size maximum caps
6 described in s. 1003.03(1) and make recommendations concerning
7 such rules to the State Board of Education. The State Board of
8 Education shall act on such recommendations by December 31,
9 2003.
10 Section 15. Paragraph (d) is added to subsection (1)
11 of section 1013.31, Florida Statutes, to read:
12 1013.31 Educational plant survey; localized need
13 assessment; PECO project funding.--
14 (1) At least every 5 years, each board shall arrange
15 for an educational plant survey, to aid in formulating plans
16 for housing the educational program and student population,
17 faculty, administrators, staff, and auxiliary and ancillary
18 services of the district or campus, including consideration of
19 the local comprehensive plan. The Office of Workforce and
20 Economic Development shall document the need for additional
21 career and adult education programs and the continuation of
22 existing programs before facility construction or renovation
23 related to career or adult education may be included in the
24 educational plant survey of a school district or community
25 college that delivers career or adult education programs.
26 Information used by the Office of Workforce and Economic
27 Development to establish facility needs must include, but need
28 not be limited to, labor market data, needs analysis, and
29 information submitted by the school district or community
30 college.
31
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1 (d) Periodic update of Florida Inventory of School
2 Houses.--School districts shall periodically update their
3 inventory of educational facilities as new capacity becomes
4 available and as unsatisfactory space is eliminated. The State
5 Board of Education shall adopt rules to determine the
6 timeframe in which districts must provide a periodic update.
7 Section 16. Section 1013.368, Florida Statutes, is
8 created to read:
9 1013.368 Cost-per-student-station requirements for
10 educational facilities.--
11 (1) Beginning July 1, 2004, all new public schools
12 constructed, including change orders, regardless of the source
13 of funds, may not exceed the following
14 cost-per-student-station amounts:
15 (a) $12,755 for an elementary school (January 2002);
16 (b) $14,624 for a middle school (January 2002); or
17 (c) $19,352 for a high school, (January 2002).
18
19 The cost-per-student-station limits required by this section
20 shall be adjusted annually to reflect increases or decreases
21 in the Consumer Price Index.
22 (2) This section does not apply to plans for new
23 educational facilities already under architectural contract on
24 July 1, 2004.
25 (3) Charter districts are not exempt from this
26 section.
27 Section 17. Subsection (13) of section 1002.33,
28 Florida Statutes, as created by section 98 of ch. 2002-387,
29 Laws of Florida; section 1012.41, Florida Statutes, as created
30 by section 716 of chapter 2002-387, Laws of Florida; section
31 1013.21, Florida Statutes, as created by section 815 of
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1 chapter 2002-387, Laws of Florida; section 1013.43, Florida
2 Statutes, as created by section 842 of chapter 2002-387, Laws
3 of Florida; and paragraph (e) of subsection (6) of section
4 1013.64, Florida Statutes, as created by section 861 of
5 chapter 2002-387, Laws of Florida, are repealed.
6 Section 18. If any provision of this act or its
7 application to any person or circumstance is held invalid, the
8 invalidity does not affect other provisions or applications of
9 the act which can be given effect without the invalid
10 provision or application, and to this end the provisions of
11 this act are severable.
12 Section 19. This act shall take effect July 1, 2003.
13
14 *****************************************
15 SENATE SUMMARY
16 Creates the "Class Size Reduction Implementing Act."
Provides for certain instructional personnel and school
17 administrators to extend participation in the Deferred
Retirement Option Program. Creates the Florida Learning
18 Access Grants to assist in the costs of tuition at an
eligible private school. Requires that school districts
19 notify parents of acceleration mechanisms. Establishes
constitutional class size caps. Reduces the number of
20 hours required for one full credit. Provides that
Classrooms for Kids operating categorial funds are exempt
21 from certain provisions requiring equity in school
funding. Revises requirements for educator certification.
22 Requires school districts to update the inventory of
educational facilities. Requires new schools to meet
23 certain limits on the cost per student station. (See bill
for details.)
24
25
26
27
28
29
30
31
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