Amendment
Bill No. 1867
Amendment No. 180729
CHAMBER ACTION
Senate House
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1The Conference Committee on HB 1867 offered the following:
2
3     Conference Committee Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Paragraphs (a) and (c) of subsection (5) of
6section 24.121, Florida Statutes, are amended to read:
7     24.121  Allocation of revenues and expenditure of funds for
8public education.--
9     (5)(a)  Public educational programs and purposes funded by
10the Educational Enhancement Trust Fund may include, but are not
11limited to, endowment, scholarship, matching funds, direct
12grants, research and economic development related to education,
13salary enhancement, contracts with independent institutions to
14conduct programs consistent with the state master plan for
15postsecondary education, or any other educational program or
16purpose deemed desirable by the Legislature. Prior to the
17expenditure of these funds, each school district shall establish
18policies and procedures that define enhancement and the types of
19expenditures consistent with that definition.
20     (c)  A portion of such net revenues, as determined annually
21by the Legislature, shall be distributed to each school district
22and shall be made available to each public school in the
23district for enhancing school performance through development
24and implementation of a school improvement plan pursuant to s.
251001.42(16). A portion of these moneys, as determined annually
26in the General Appropriations Act, must be allocated to each
27school in an equal amount for each student enrolled. These
28moneys may be expended only on programs or projects selected by
29the school advisory council or by a parent advisory committee
30created pursuant to this paragraph. If a school does not have a
31school advisory council, the district advisory council must
32appoint a parent advisory committee composed of parents of
33students enrolled in that school, which committee is
34representative of the ethnic, racial, and economic community
35served by the school, to advise the school's principal on the
36programs or projects to be funded. Neither school district staff
37nor principals A principal may not override the recommendations
38of the school advisory council or the parent advisory committee.
39These moneys may not be used for capital improvements, nor may
40they be used for any project or program that has a duration of
41more than 1 year; however, a school advisory council or parent
42advisory committee may independently determine that a program or
43project formerly funded under this paragraph should receive
44funds in a subsequent year.
45     Section 2.  Notwithstanding the provisions of s. 220.187,
46Florida Statutes, the total amount of tax credits and
47carryforward tax credits that may be granted for the 2004-2005
48fiscal year under that section for contributions to nonprofit
49scholarship-funding organizations is $50 million.
50     Section 3.  Paragraphs (d), (f), (o), and (q) of subsection
51(3) of section 1000.21, Florida Statutes, are amended to read:
52     1000.21  Systemwide definitions.--As used in the Florida K-
5320 Education Code:
54     (3)  "Community college," except as otherwise specifically
55provided, includes the following institutions and any branch
56campuses, centers, or other affiliates of the institution:
57     (d)  Chipola Junior College.
58     (f)  Edison Community College.
59     (o)  Miami Dade Miami-Dade Community College.
60     (q)  Okaloosa-Walton Community College.
61     Section 4.  Paragraph (c) of subsection (9) of section
621002.32, Florida Statutes, is amended to read:
63     1002.32  Developmental research (laboratory) schools.--
64     (9)  FUNDING.--Funding for a lab school, including a
65charter lab school, shall be provided as follows:
66     (c)  All operating funds provided under this section shall
67be deposited in a Lab School Trust Fund and shall be expended
68for the purposes of this section. The university assigned a lab
69school shall be the fiscal agent for these funds, and all rules
70of the university governing the budgeting and expenditure of
71state funds shall apply to these funds unless otherwise provided
72by law or rule of the State Board of Education. The university
73board of trustees shall be the public employer of lab school
74personnel for collective bargaining purposes for lab schools in
75operation prior to the 2002-2003 fiscal year. Employees of
76charter lab schools authorized prior to June 1, 2003, but not in
77operation prior to the 2002-2003 fiscal year shall be employees
78of the entity holding the charter and must comply with the
79provisions of s. 1002.33(12). Lab schools are not subject to the
80payment of overhead or indirect costs as described in s.
81216.346.
82     Section 5.  Subsection (3) of section 1008.22, Florida
83Statutes, is amended to read:
84     1008.22  Student assessment program for public schools.--
85     (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
86design and implement a statewide program of educational
87assessment that provides information for the improvement of the
88operation and management of the public schools, including
89schools operating for the purpose of providing educational
90services to youth in Department of Juvenile Justice programs.
91The commissioner may enter into contracts for the continued
92administration of the assessment, testing, and evaluation
93programs authorized and funded by the Legislature. Contracts may
94be initiated in one fiscal year and continue into the next and
95may be paid from the appropriations of either or both fiscal
96years. The commissioner is authorized to negotiate for the sale
97or lease of tests, scoring protocols, test scoring services, and
98related materials developed pursuant to law. Pursuant to the
99statewide assessment program, the commissioner shall:
100     (a)  Submit to the State Board of Education a list that
101specifies student skills and competencies to which the goals for
102education specified in the state plan apply, including, but not
103limited to, reading, writing, science, and mathematics. The
104skills and competencies must include problem-solving and higher-
105order skills as appropriate and shall be known as the Sunshine
106State Standards as defined in s. 1000.21. The commissioner shall
107select such skills and competencies after receiving
108recommendations from educators, citizens, and members of the
109business community. The commissioner shall submit to the State
110Board of Education revisions to the list of student skills and
111competencies in order to maintain continuous progress toward
112improvements in student proficiency.
113     (b)  Develop and implement a uniform system of indicators
114to describe the performance of public school students and the
115characteristics of the public school districts and the public
116schools. These indicators must include, without limitation,
117information gathered by the comprehensive management information
118system created pursuant to s. 1008.385 and student achievement
119information obtained pursuant to this section.
120     (c)  Develop and implement a student achievement testing
121program known as the Florida Comprehensive Assessment Test
122(FCAT) as part of the statewide assessment program, to be
123administered annually in grades 3 through 10 to measure reading,
124writing, science, and mathematics. Other content areas may be
125included as directed by the commissioner. The testing program
126must be designed so that:
127     1.  The tests measure student skills and competencies
128adopted by the State Board of Education as specified in
129paragraph (a). The tests must measure and report student
130proficiency levels in reading, writing, mathematics, and
131science. The commissioner shall provide for the tests to be
132developed or obtained, as appropriate, through contracts and
133project agreements with private vendors, public vendors, public
134agencies, postsecondary educational institutions, or school
135districts. The commissioner shall obtain input with respect to
136the design and implementation of the testing program from state
137educators and the public.
138     2.  The testing program will include a combination of norm-
139referenced and criterion-referenced tests and include, to the
140extent determined by the commissioner, questions that require
141the student to produce information or perform tasks in such a
142way that the skills and competencies he or she uses can be
143measured.
144     3.  Each testing program, whether at the elementary,
145middle, or high school level, includes a test of writing in
146which students are required to produce writings that are then
147scored by appropriate methods.
148     4.  A score is designated for each subject area tested,
149below which score a student's performance is deemed inadequate.
150The school districts shall provide appropriate remedial
151instruction to students who score below these levels.
152     5.  Except as provided in s. 1003.43(11)(b), students must
153earn a passing score on the grade 10 assessment test described
154in this paragraph or on an alternate assessment as described in
155subsection (9) in reading, writing, and mathematics to qualify
156for a regular high school diploma. The State Board of Education
157shall designate a passing score for each part of the grade 10
158assessment test. In establishing passing scores, the state board
159shall consider any possible negative impact of the test on
160minority students. All students who took the grade 10 FCAT
161during the 2000-2001 school year shall be required to earn the
162passing scores in reading and mathematics established by the
163State Board of Education for the March 2001 test administration.
164Such students who did not earn the established passing scores
165and must repeat the grade 10 FCAT are required to earn the
166passing scores established for the March 2001 test
167administration. All students who take the grade 10 FCAT for the
168first time in March 2002 and thereafter shall be required to
169earn the passing scores in reading and mathematics established
170by the State Board of Education for the March 2002 test
171administration. The State Board of Education shall adopt rules
172which specify the passing scores for the grade 10 FCAT. Any such
173rules, which have the effect of raising the required passing
174scores, shall only apply to students taking the grade 10 FCAT
175after such rules are adopted by the State Board of Education.
176     6.  Participation in the testing program is mandatory for
177all students attending public school, including students served
178in Department of Juvenile Justice programs, except as otherwise
179prescribed by the commissioner. If a student does not
180participate in the statewide assessment, the district must
181notify the student's parent and provide the parent with
182information regarding the implications of such nonparticipation.
183If modifications are made in the student's instruction to
184provide accommodations that would not be permitted on the
185statewide assessment tests, the district must notify the
186student's parent of the implications of such instructional
187modifications. A parent must provide signed consent for a
188student to receive instructional modifications that would not be
189permitted on the statewide assessments and must acknowledge in
190writing that he or she understands the implications of such
191accommodations. The State Board of Education shall adopt rules,
192based upon recommendations of the commissioner, for the
193provision of test accommodations and modifications of procedures
194as necessary for students in exceptional education programs and
195for students who have limited English proficiency.
196Accommodations that negate the validity of a statewide
197assessment are not allowable.
198     7.  A student seeking an adult high school diploma must
199meet the same testing requirements that a regular high school
200student must meet.
201     8.  District school boards must provide instruction to
202prepare students to demonstrate proficiency in the skills and
203competencies necessary for successful grade-to-grade progression
204and high school graduation. If a student is provided with
205accommodations or modifications that are not allowable in the
206statewide assessment program, as described in the test manuals,
207the district must inform the parent in writing and must provide
208the parent with information regarding the impact on the
209student's ability to meet expected proficiency levels in
210reading, writing, and math. The commissioner shall conduct
211studies as necessary to verify that the required skills and
212competencies are part of the district instructional programs.
213     9.  The Department of Education must develop, or select,
214and implement a common battery of assessment tools that will be
215used in all juvenile justice programs in the state. These tools
216must accurately measure the skills and competencies established
217in the Florida Sunshine State Standards.
218
219The commissioner may design and implement student testing
220programs, for any grade level and subject area, necessary to
221effectively monitor educational achievement in the state.
222     (d)  Conduct ongoing research to develop improved methods
223of assessing student performance, including, without limitation,
224the use of technology to administer tests, score, or report the
225results of, the use of electronic transfer of data, the
226development of work-product assessments, and the development of
227process assessments.
228     (e)  Conduct ongoing research and analysis of student
229achievement data, including, without limitation, monitoring
230trends in student achievement, identifying school programs that
231are successful, and analyzing correlates of school achievement.
232     (f)  Provide technical assistance to school districts in
233the implementation of state and district testing programs and
234the use of the data produced pursuant to such programs.
235     Section 6.  Subsection (2) of section 1009.23, Florida
236Statutes, is amended to read:
237     1009.23  Community college student fees.--
238     (2)  All students shall be charged fees except students who
239are exempt from fees or students whose fees are waived.
240Identical fees shall be required for all community college
241resident students within a college who take a specific course,
242regardless of the program in which they are enrolled.
243     Section 7.  Subsection (5) is added to section 1011.57,
244Florida Statutes, to read:
245     1011.57  Florida School for the Deaf and the Blind; board
246of trustees; management flexibility.--
247     (5)  The board of trustees and administration of the
248Florida School for the Deaf and the Blind shall not authorize
249fee waivers for out-of-state students.
250     Section 8.  Paragraph (h) of subsection (1) and paragraph
251(b) of subsection (9) of section 1011.62, Florida Statutes, are
252amended to read:
253     1011.62  Funds for operation of schools.--If the annual
254allocation from the Florida Education Finance Program to each
255district for operation of schools is not determined in the
256annual appropriations act or the substantive bill implementing
257the annual appropriations act, it shall be determined as
258follows:
259     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
260OPERATION.--The following procedure shall be followed in
261determining the annual allocation to each district for
262operation:
263     (h)  Small, isolated high schools.--Districts which levy
264the maximum nonvoted discretionary millage, exclusive of millage
265for capital outlay purposes levied pursuant to s. 1011.71(2),
266may calculate full-time equivalent students for small, isolated
267high schools by multiplying the number of unweighted full-time
268equivalent students times 2.75; provided the school attained a
269state accountability performance grade of "C" or better for the
270previous school year percentage of students at such school
271passing both parts of the high school competency test, as
272defined by law and rule, has been equal to or higher than such
273percentage for the state or district, whichever is greater. For
274the purpose of this section, the term "small, isolated high
275school" means any high school which is located no less than 28
276miles by the shortest route from another high school; which has
277been serving students primarily in basic studies provided by
278sub-subparagraphs (c)1.b. and c. and may include subparagraph
279(c)4.; and which has a membership of no more than 100 students,
280but no fewer than 28 students, in grades 9 through 12.
281     (9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
282CURRENT OPERATION.--The total annual state allocation to each
283district for current operation for the FEFP shall be distributed
284periodically in the manner prescribed in the General
285Appropriations Act.
286     (b)  The amount thus obtained shall be the net annual
287allocation to each school district. However, if it is determined
288that any school district received an underallocation or
289overallocation for any prior year because of an arithmetical
290error, assessment roll change, full-time equivalent student
291membership error, or any allocation error revealed in an audit
292report, the allocation to that district shall be appropriately
293adjusted. Beginning with audits for the 2001-2002 fiscal year,
294if the adjustment is the result of an audit finding in which
295group 2 FTE are reclassified to the basic program and the
296district weighted FTE are over the weighted enrollment ceiling
297for group 2 programs, the adjustment shall not result in a gain
298of state funds to the district. If the Department of Education
299audit adjustment recommendation is based upon controverted
300findings of fact, the Commissioner of Education is authorized to
301establish the amount of the adjustment based on the best
302interests of the state.
303     Section 9.  Section 1011.63, Florida Statutes, is created
304to read:
305     1011.63  Reporting for state funding; prohibition.--When a
306public educational institution has been fully funded by an
307external agency for direct instructional costs of any course or
308program, the FTE generated shall not be reported for state
309funding for purposes of the Florida Education Finance Program.
310     Section 10.  Section 1011.66, Florida Statutes, is amended
311to read:
312     1011.66  Distribution of FEFP funds in first quarter.--The
313distribution of FEFP funds shall be made in payments on or about
314the 10th and 26th of each month. Upon the request of any school
315district whose net state FEFP funding is less than 60 percent of
316its gross state and local FEFP funding, the Department of
317Education shall distribute to that school district in the first
318quarter of the fiscal year an amount from the funds appropriated
319for the FEFP in the General Appropriations Act up to a maximum
320of 15 percent of that school district's gross state and local
321FEFP funding or that school district's net state FEFP funding,
322whichever is less.
323     Section 11.  Section 1011.67, Florida Statutes, is amended
324to read:
325     1011.67  Funds for instructional materials.--The department
326is authorized to allocate and distribute to each district an
327amount as prescribed annually by the Legislature for
328instructional materials for student membership in basic and
329special programs in grades K-12, which will provide for growth
330and maintenance needs. For purposes of this section, unweighted
331full-time equivalent students enrolled in the lab schools in
332state universities are to be included as school district
333students and reported as such to the department. These funds
334shall be distributed to school districts as follows: 50 percent
335on or about July 10; 35 percent on or about October 10; 10
336percent on or about January 10; and 5 percent on or about June
33710. The annual allocation shall be determined as follows:
338     (1)  The growth allocation for each school district shall
339be calculated as follows:
340     (a)  Subtract from that district's projected full-time
341equivalent membership of students in basic and special programs
342in grades K-12 used in determining the initial allocation of the
343Florida Education Finance Program, the prior year's full-time
344equivalent membership of students in basic and special programs
345in grades K-12 for that district.
346     (b)  Multiply any such increase in full-time equivalent
347student membership by the allocation for a set of instructional
348materials, as determined by the department, or as provided for
349in the General Appropriations Act.
350     (c)  The amount thus determined shall be that district's
351initial allocation for growth for the school year. However, the
352department shall recompute and adjust the initial allocation
353based on actual full-time equivalent student membership data for
354that year.
355     (2)  The maintenance of the instructional materials
356allocation for each school district shall be calculated by
357multiplying each district's prior year full-time equivalent
358membership of students in basic and special programs in grades
359K-12 by the allocation for maintenance of a set of instructional
360materials as provided for in the General Appropriations Act. The
361amount thus determined shall be that district's initial
362allocation for maintenance for the school year; however, the
363department shall recompute and adjust the initial allocation
364based on such actual full-time equivalent student membership
365data for that year.
366     (3)  In the event the funds appropriated are not sufficient
367for the purpose of implementing this section in full, the
368department shall prorate the funds available for instructional
369materials after first funding in full each district's growth
370allocation.
371     Section 12.  Subsection (5) of section 1011.80, Florida
372Statutes, is amended to read:
373     1011.80  Funds for operation of adult technical education
374programs.--
375     (5)  State funding and student fees for workforce
376development instruction funded through the Workforce Development
377Education Fund shall be established as follows:
378     (a)  For a continuing workforce education course, state
379funding shall equal 50 percent of the cost of instruction, with
380student fees, business support, quick-response training funds,
381or other means making up the remaining 50 percent.
382     (b)  For all other workforce development education funded
383through the Workforce Development Education Fund, state funding
384shall equal 75 percent of the average cost of instruction with
385the remaining 25 percent made up from student fees. Fees for
386courses within a program shall not vary according to the cost of
387the individual program, but instead shall be based on a uniform
388fee calculated and set at the state level, as adopted by the
389State Board of Education, unless otherwise specified in the
390General Appropriations Act.
391     (c)  For fee-exempt students pursuant to s. 1009.25, unless
392otherwise provided for in law, state funding shall equal 100
393percent of the average cost of instruction.
394     (d)  For a public educational institution that has been
395fully funded by an external agency for direct instructional
396costs of any course or program, the FTE generated shall not be
397reported for state funding.
398     Section 13.  Paragraph (e) of subsection (1) of section
3991011.84, Florida Statutes, is redesignated as paragraph (g) and
400new paragraphs (e) and (f) are added to said subsection to read:
401     1011.84  Procedure for determining state financial support
402and annual apportionment of state funds to each community
403college district.--The procedure for determining state financial
404support and the annual apportionment to each community college
405district authorized to operate a community college under the
406provisions of s. 1001.61 shall be as follows:
407     (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE COMMUNITY
408COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.--
409     (e)  All state inmate education provided by community
410colleges shall be reported by program, FTE expenditure, and
411revenue source. These enrollments, expenditures, and revenues
412shall be reported and projected separately. Instruction of state
413inmates shall not be included in the full-time equivalent
414student enrollment for funding through the Community College
415Program Fund.
416     (f)  When a public educational institution has been fully
417funded by an external agency for direct instructional costs of
418any course or program, the FTE generated shall not be reported
419for state funding.
420     Section 14.  Subsection (3) of section 1012.05, Florida
421Statutes, is amended to read:
422     1012.05  Teacher recruitment and retention.--
423     (3)  The Department of Education, in cooperation with
424district personnel offices, shall sponsor a job fair in a
425central part of the state to match in-state educators and
426potential educators and out-of-state educators and potential
427educators with teaching opportunities in this state. The
428Department of Education is authorized to collect a job fair
429registration fee not to exceed $20 per person and a booth fee
430not to exceed $250 per school district or other interested
431participating organization. The revenue from the fees shall be
432used to promote and operate the job fair. Funds may be used to
433purchase promotional items such as mementos, awards, and
434plaques.
435     Section 15.  Paragraph (e) is added to subsection (2) of
436section 1012.72, Florida Statutes, to read:
437     1012.72  Dale Hickam Excellent Teaching Program.--
438     (2)  The Dale Hickam Excellent Teaching Program is created
439to provide categorical funding for monetary incentives and
440bonuses for teaching excellence. The Department of Education
441shall distribute to each school district or to the NBPTS an
442amount as prescribed annually by the Legislature for the Dale
443Hickam Excellent Teaching Program. For purposes of this section,
444the Florida School for the Deaf and the Blind shall be
445considered a school district. Unless otherwise provided in the
446General Appropriations Act, each distribution shall be the sum
447of the amounts earned for the following incentives and bonuses:
448     (e)  The employer's share of social security and Medicare
449taxes and Florida Retirement System contributions for those
450teachers who qualify for NBPTS certification and receive bonus
451amounts.
452
453A teacher for whom the state pays the certification fee and who
454does not complete the certification program or does not teach in
455a public school of this state for at least 1 year after
456completing the certification program must repay the amount of
457the certification fee to the state. However, a teacher who
458completes the certification program but fails to be awarded
459NBPTS certification is not required to repay the amount of the
460certification fee if the teacher meets the 1-year teaching
461requirement. Repayment is not required of a teacher who does not
462complete the certification program or fails to fulfill the
463teaching requirement because of the teacher's death or
464disability or because of other extenuating circumstances as
465determined by the State Board of Education.
466     Section 16.  Notwithstanding the provisions of s.
467216.292(5)(d), Florida Statutes, and in order to implement
468Specific Appropriation 156 and section 9 of the 2004-2005
469General Appropriations Act, Florida State University is
470authorized to construct a classroom building from the funding
471received pursuant to the 2004-2005 General Appropriations Act.
472     Section 17.  This act shall take effect July 1, 2004.
473
474================= T I T L E  A M E N D M E N T =================
475     Remove the entire title and insert:
476
A bill to be entitled
477An act relating to education funding; amending s. 24.121,
478F.S.; requiring school districts to establish certain
479policies and procedures relating to lottery fund
480enhancements; providing a tax credit cap with respect to
481contributions to nonprofit scholarship-funding
482organizations; amending s. 1000.21, F.S.; redesignating
483specified community colleges as colleges; amending s.
4841002.32, F.S.; exempting lab schools from the payment of
485overhead or indirect costs; amending s. 1008.22, F.S.;
486authorizing outsourcing of statewide assessment program
487activities; allowing for contracts extending into two
488fiscal years; amending s. 1009.23, F.S.; requiring
489identical fees for certain community college students
490taking a specific course; amending s. 1011.57, F.S.;
491prohibiting out-of-state fee waivers by the Florida School
492for the Deaf and the Blind; amending s. 1011.62, F.S.;
493revising eligibility requirement for use of the small,
494isolated high school multiplier; revising provisions
495relating to adjustments of allocations; creating s.
4961011.63, F.S.; prohibiting reporting for state funding for
497purposes of the Florida Education Finance Program of
498courses or programs fully funded externally; amending s.
4991011.66, F.S.; setting forth the method and timing of
500distributing Florida Education Finance Program funds;
501amending s. 1011.67, F.S.; setting forth the method and
502timing of distributing funds for instructional materials;
503amending s. 1011.80, F.S.; prohibiting reporting for state
504funding of courses or programs fully funded externally;
505amending s. 1011.84, F.S.; providing reporting
506requirements with respect to inmate education provided by
507community colleges; directing that inmates not be included
508in FTE student enrollment for funding through the
509Community College Program Fund; prohibiting reporting for
510state funding of courses or programs fully funded
511externally; amending s. 1012.05, F.S.; authorizing the
512Department of Education to collect registration and booth
513fees for a job fair; authorizing certain uses for such
514funds; amending s. 1012.72, F.S.; authorizing the use of
515Dale Hickam Excellent Teaching Program funds for certain
516purposes; authorizing Florida State University to
517construct a classroom building; providing an effective
518date.


CODING: Words stricken are deletions; words underlined are additions.