Amendment
Bill No. 0002

Amendment No. 258211

CHAMBER ACTION
Senate		House
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1	Representative(s) Pickens, Baxley, Stargel, Arza, Patterson, and
2	Mealor offered the following:
3
4	Amendment to Amendment (628337) (with title amendment)
5	Remove line(s) 6-1142 and insert:
6	Section 1.  Paragraph (f) is added to subsection (3) of
7	section 20.15, Florida Statutes, to read:
8	20.15  Department of Education.--There is created a
9	Department of Education.
10	(3)  DIVISIONS.--The following divisions of the Department
11	of Education are established:
12	(f)  Division of Accountability, Research, and Measurement.
13	Section 2.  Paragraph (a) of subsection (5) of section
14	1000.01, Florida Statutes, is amended to read:
15	1000.01  The Florida K-20 education system; technical
16	provisions.--
17	(5)  EDUCATION GOVERNANCE TRANSFERS.--
18	(a)  Effective July 1, 2001:
19	1.  The Board of Regents is abolished.
20	2.  All of the powers, duties, functions, records,
21	personnel, and property; unexpended balances of appropriations,
22	allocations, and other funds; administrative authority;
23	administrative rules; pending issues; and existing contracts of
24	the Board of Regents are transferred by a type two transfer,
25	pursuant to s. 20.06(2), to the State Board of Education.
26	3.  The State Board of Community Colleges is abolished.
27	4.  All of the powers, duties, functions, records,
28	personnel, and property; unexpended balances of appropriations,
29	allocations, and other funds; administrative authority;
30	administrative rules; pending issues; and existing contracts of
31	the State Board of Community Colleges are transferred by a type
32	two transfer, pursuant to s. 20.06(2), from the Department of
33	Education to the State Board of Education.
34	5.  The Postsecondary Education Planning Commission is
35	abolished.
36	6.  The Council for Education Policy Research and
37	Improvement is created as an independent office under the Office
38	of Legislative Services.
39	7.  All personnel, unexpended balances of appropriations,
40	and allocations of the Postsecondary Education Planning
41	Commission are transferred to the Council for Education Policy
42	Research and Improvement.
43	6.8.  The Articulation Coordinating Committee and the
44	Education Standards Commission are transferred by a type two
45	transfer, pursuant to s. 20.06(2), from the Department of
46	Education to the State Board of Education.
47	Section 3.  Subsection (1) of section 1001.03, Florida
48	Statutes, is amended to read:
49	1001.03  Specific powers of State Board of Education.--
50	(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State
51	Board of Education shall approve the student performance
52	standards known as the Sunshine State Standards in key academic
53	subject areas and grade levels. The state board shall
54	periodically review the standards to ensure adequate rigor,
55	logical student progression, and articulation from grade to
56	grade and evaluate the extent to which the standards are being
57	taught at each grade level. The evaluation shall be provided to
58	the Governor, the Speaker of the House of Representatives, and
59	the President of the Senate and shall include a determination of
60	each district school board's provision of a complete education
61	program pursuant to s. 1001.41(3).
62	Section 4.  Paragraph (a) of subsection (2) of section
63	1001.11, Florida Statutes, is amended to read:
64	1001.11  Commissioner of Education; other duties.--
65	(2)(a)  The Commissioner of Education shall recommend to
66	the State Board of Education performance goals addressing the
67	educational needs of the state for the K-20 education system.
68	The Department of Council for Education Policy Research and
69	Improvement, as an independent entity, shall develop a report
70	card assigning grades to indicate Florida's progress toward
71	meeting those goals. The annual report card shall contain
72	information showing Florida's performance relative to other
73	states on selected measures, as well as Florida's ability to
74	meet the need for postsecondary degrees and programs and how
75	well the Legislature has provided resources to meet this need.
76	The information shall include the results of the National
77	Assessment of Educational Progress or a similar national
78	assessment program administered to students in Florida. By
79	January 1 of each year, the department Council for Education
80	Policy Research and Improvement shall submit the report card to
81	the Legislature, the Governor, and the public.
82	Section 5.  Section 1001.215, Florida Statutes, is created
83	to read:
84	1001.215  Just Read, Florida! Office.--There is created in
85	the Department of Education the Just Read, Florida! Office. The
86	office shall:
87	(1)  Train professionally certified teachers to become
88	certified reading coaches.
89	(2)  Create multiple designations of effective reading
90	instruction, with accompanying credentials, that encourage all
91	teachers to integrate reading instruction into their content
92	areas.
93	(3)  Train K-12 teachers, school principals, and parents on
94	research-based reading instruction strategies.
95	(4)  Provide technical assistance to school districts in
96	the development and implementation of district plans for use of
97	the research-based reading instruction allocation provided in s.
98	1011.62(8) and annually review and approve such plans.
99	(5)  Work with the Florida Center for Reading Research to
100	provide information on research-based reading programs.
101	(6)  Periodically review the Sunshine State Standards for
102	reading at all grade levels.
103	(7)  Periodically review teacher certification examinations
104	to ensure that the examinations measure necessary skills in
105	research-based reading instructional strategies.
106	(8)  Work with teacher preparation programs approved
107	pursuant to s. 1004.04 to ensure integration of research-based
108	reading instructional strategies into teacher preparation
109	programs.
110	(9)  Administer grants and perform other functions
111	necessary to assist with meeting the goal that all students read
112	at grade level.
113	Section 6.  Subsection (3) of section 1001.41, Florida
114	Statutes, is amended to read:
115	1001.41  General powers of district school board.--The
116	district school board, after considering recommendations
117	submitted by the district school superintendent, shall exercise
118	the following general powers:
119	(3)  Prescribe and adopt standards and policies to provide
120	each student the opportunity to receive a complete education
121	program, including language arts, mathematics, science, social
122	studies, health, physical education, foreign languages, and the
123	arts as defined by the Sunshine State Standards pursuant to s.
124	1001.03(1) as are considered desirable by it for improving the
125	district school system.
126	Section 7.  Subsection (16), paragraph (d) of subsection
127	(17), and subsection (18) of section 1001.42, Florida Statutes,
128	are amended to read:
129	1001.42  Powers and duties of district school board.--The
130	district school board, acting as a board, shall exercise all
131	powers and perform all duties listed below:
132	(16)  IMPLEMENT SCHOOL IMPROVEMENT AND
133	ACCOUNTABILITY.--Maintain a system of school improvement and
134	education accountability as provided by statute and State Board
135	of Education rule. This system of school improvement and
136	education accountability shall be consistent with, and
137	implemented through, the district's continuing system of
138	planning and budgeting required by this section and ss.
139	1008.385, 1010.01, and 1011.01. This system of school
140	improvement and education accountability shall include, but is
141	not limited to, the following:
142	(a)  School improvement plans.--Annually approve and
143	require implementation of a new, amended, or continuation school
144	improvement plan for each school in the district, except that a
145	district school board may establish a district school
146	improvement plan that includes all schools in the district
147	operating for the purpose of providing educational services to
148	youth in Department of Juvenile Justice programs. Such plan
149	shall be designed to achieve the state education priorities
150	pursuant to s. 1000.03(5) and student performance standards. In
151	addition, any school required to implement a rigorous reading
152	requirement pursuant to s. 1003.415 must include such component
153	in its school improvement plan. Each plan shall also address
154	issues relative to budget, training, instructional materials,
155	technology, staffing, student support services, specific school
156	safety and discipline strategies, student health and fitness,
157	including physical fitness, parental information on student
158	health and fitness, and indoor environmental air quality, and
159	other matters of resource allocation, as determined by district
160	school board policy, and shall be based on an analysis of
161	student achievement and other school performance data.
162	(b)  School improvement plan requirements.--Each district
163	school board's system of school improvement and student
164	progression must be designed to provide frequent and accurate
165	information to the teacher and student regarding each student's
166	progress toward mastering the Sunshine State Standards. The
167	system must demonstrate the alignment of the Sunshine State
168	Standards, instructional strategies, assessment, and
169	professional development. Each school improvement plan must
170	identify the strategies for monitoring the progress of each
171	student. The process used by each school to monitor student
172	progression must, at a minimum, contain the following components
173	that are aimed at increasing student achievement:
174	1.  Disaggregated student achievement data related to
175	student performance which is used to identify each individual
176	student's strengths and weaknesses and to determine the
177	effectiveness of the teaching and learning strategies that are
178	being used in the classroom.
179	2.  The Sunshine State Standards instructional calendar and
180	timeline, using disaggregated student performance data to focus
181	instruction on the Sunshine State Standards, manage
182	instructional time, and allocate resources.
183	3.  Prioritized instructional focus to facilitate explicit
184	and systematic instruction using research-based effective
185	practices in the classroom.
186	4.  Mini-assessments of targeted Sunshine State Standards
187	benchmarks to monitor student progress and generate data to
188	redesign instruction, if needed.
189	5.  Alternative in-school, tutorial, remediation, or
190	enrichment strategies for students which are based on each
191	student's individual academic needs as defined by the mini-
192	assessments.
193	6.  Systematic monitoring of each teacher's implementation
194	of the comprehensive program for student progression as
195	described in subparagraphs 1.-5.
196	(c)(b)  Approval process.--Develop a process for approval
197	of a school improvement plan presented by an individual school
198	and its advisory council. In the event a district school board
199	does not approve a school improvement plan after exhausting this
200	process, the Department of Education shall be notified of the
201	need for assistance.
202	(d)(c)  Assistance and intervention.--
203	1.  Develop a 2-year plan of increasing individualized
204	assistance and intervention for each school in danger of not
205	meeting state standards or making adequate progress, as defined
206	pursuant to statute and State Board of Education rule, toward
207	meeting the goals and standards of its approved school
208	improvement plan.
209	2.  Provide assistance and intervention to a school that is
210	designated with a identified as being in performance grade of
211	category "D" pursuant to s. 1008.34 and is in danger of failing.
212	3.  Develop a plan to encourage teachers with demonstrated
213	mastery in improving student performance to remain at or
214	transfer to a school designated with a as performance grade of
215	category "D" or "F" or to an alternative school that serves
216	disruptive or violent youths. If a classroom teacher, as defined
217	by s. 1012.01(2)(a), who meets the definition of teaching
218	mastery developed according to the provisions of this paragraph,
219	requests assignment to a school designated with a as performance
220	grade of category "D" or "F" or to an alternative school that
221	serves disruptive or violent youths, the district school board
222	shall make every practical effort to grant the request.
223	4.  Prioritize, to the extent possible, the expenditures of
224	funds received from the supplemental academic instruction
225	categorical fund under s. 1011.62(1)(f) to improve student
226	performance in schools that receive a performance grade category
227	designation of "D" or "F."
228	(e)(d)  After 2 years.--Notify the Commissioner of
229	Education and the State Board of Education in the event any
230	school does not make adequate progress toward meeting the goals
231	and standards of a school improvement plan by the end of 2 years
232	of failing to make adequate progress and proceed according to
233	guidelines developed pursuant to statute and State Board of
234	Education rule. School districts shall provide intervention and
235	assistance to schools in danger of being designated with a as
236	performance grade of category "F," failing to make adequate
237	progress.
238	(f)(e)  Public disclosure.--Provide information regarding
239	performance of students and educational programs as required
240	pursuant to ss. 1008.22 and 1008.385 and implement a system of
241	school reports as required by statute and State Board of
242	Education rule that shall include schools operating for the
243	purpose of providing educational services to youth in Department
244	of Juvenile Justice programs, and for those schools, report on
245	the elements specified in s. 1003.52(19). Annual public
246	disclosure reports shall be in an easy-to-read report card
247	format and shall include the school's student and school
248	performance grade category designation and performance data as
249	specified in state board rule.
250	(g)(f)  School improvement funds.--Provide funds to schools
251	for developing and implementing school improvement plans. Such
252	funds shall include those funds appropriated for the purpose of
253	school improvement pursuant to s. 24.121(5)(c).
254	(17)  LOCAL-LEVEL DECISIONMAKING.--
255	(d)  Adopt policies that assist in giving greater autonomy,
256	including authority over the allocation of the school's budget,
257	to schools designated with a as performance grade of category
258	"A," making excellent progress, and schools rated as having
259	improved at least two grades performance grade categories.
260	(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing
261	students attending schools that have been designated with a as
262	performance grade of category "F," failing to make adequate
263	progress, for 2 school years in a 4-year period to attend a
264	higher performing school in the district or an adjoining
265	district or be granted a state opportunity scholarship to a
266	private school, in conformance with s. 1002.38 and State Board
267	of Education rule.
268	Section 8.  Paragraph (d) of subsection (3) and paragraphs
269	(a) and (b) of subsection (6) of section 1002.20, Florida
270	Statutes, are amended to read:
271	1002.20  K-12 student and parent rights.--Parents of public
272	school students must receive accurate and timely information
273	regarding their child's academic progress and must be informed
274	of ways they can help their child to succeed in school. K-12
275	students and their parents are afforded numerous statutory
276	rights including, but not limited to, the following:
277	(3)  HEALTH ISSUES.--
278	(d)  Reproductive health and disease education.--A public
279	school student whose parent makes written request to the school
280	principal shall be exempted from the teaching of reproductive
281	health or any disease, including HIV/AIDS, in accordance with
282	the provisions of s. 1003.42(4)(3).
283	(6)  EDUCATIONAL CHOICE.--
284	(a)  Public school choices.--Parents of public school
285	students may seek whatever public school choice options that are
286	applicable to their students and are available to students in
287	their school districts. These options may include controlled
288	open enrollment, lab schools, charter schools, charter technical
289	career centers, magnet schools, alternative schools, special
290	programs, advanced placement, dual enrollment, International
291	Baccalaureate, early admissions, credit by examination or
292	demonstration of competency, the New World School of the Arts,
293	the Florida School for the Deaf and the Blind, and the Florida
294	Virtual School. These options may also include the public school
295	choice options of the Opportunity Scholarship Program, and the
296	McKay Scholarships for Students with Disabilities Program, and
297	the Reading Compact Scholarship Program.
298	(b)  Private school choices.--Parents of public school
299	students may seek private school choice options under certain
300	programs.
301	1.  Under the Opportunity Scholarship Program, the parent
302	of a student in a failing public school may request and receive
303	an opportunity scholarship for the student to attend a private
304	school in accordance with the provisions of s. 1002.38.
305	2.  Under the McKay Scholarships for Students with
306	Disabilities Program, the parent of a public school student with
307	a disability who is dissatisfied with the student's progress may
308	request and receive a McKay Scholarship for the student to
309	attend a private school in accordance with the provisions of s.
310	1002.39.
311	3.  Under the corporate income tax credit scholarship
312	program, the parent of a student who qualifies for free or
313	reduced-price school lunch may seek a scholarship from an
314	eligible nonprofit scholarship-funding organization in
315	accordance with the provisions of s. 220.187.
316	4.  Under the Reading Compact Scholarship Program, the
317	parent of a student with reading deficiencies may request and
318	receive a Reading Compact Scholarship for the student to attend
319	a private school in accordance with the provisions of s.
320	1002.385.
321	Section 9.  Subsection (2) and paragraphs (a) and (b) of
322	subsection (3) of section 1002.38, Florida Statutes, are amended
323	to read:
324	1002.38  Opportunity Scholarship Program.--
325	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school
326	student's parent may request and receive from the state an
327	opportunity scholarship for the student to enroll in and attend
328	a private school in accordance with the provisions of this
329	section if:
330	(a)1.  By assigned school attendance area or by special
331	assignment, the student has spent the prior school year in
332	attendance at a public school that has been designated pursuant
333	to s. 1008.34 with a as performance grade of category "F,"
334	failing to make adequate progress, and that has had 2 school
335	years in a 4-year period of such low performance, and the
336	student's attendance occurred during a school year in which such
337	designation was in effect;
338	2.  The student has been in attendance elsewhere in the
339	public school system and has been assigned to such school for
340	the next school year; or
341	3.  The student is entering kindergarten or first grade and
342	has been notified that the student has been assigned to such
343	school for the next school year.
344	(b)  The parent has obtained acceptance for admission of
345	the student to a private school eligible for the program
346	pursuant to subsection (4), and has notified the Department of
347	Education and the school district of the request for an
348	opportunity scholarship no later than August July 1 of the first
349	year in which the student intends to use the scholarship.
350
351	The provisions of this section shall not apply to a student who
352	is enrolled in a school operating for the purpose of providing
353	educational services to youth in Department of Juvenile Justice
354	commitment programs. For purposes of continuity of educational
355	choice, the opportunity scholarship shall remain in force until
356	the student returns to a public school or, if the student
357	chooses to attend a private school the highest grade of which is
358	grade 8, until the student matriculates to high school and the
359	public high school to which the student is assigned is an
360	accredited school with a performance grade category designation
361	of "C" or better. However, at any time upon reasonable notice to
362	the Department of Education and the school district, the
363	student's parent may remove the student from the private school
364	and place the student in a public school, as provided in
365	subparagraph (3)(a)2.
366	(3)  SCHOOL DISTRICT OBLIGATIONS.--
367	(a)  A school district shall, for each student enrolled in
368	or assigned to a school that has been designated with a as
369	performance grade of category "F" for 2 school years in a 4-year
370	period:
371	1.  Timely notify the parent of the student as soon as such
372	designation is made of all options available pursuant to this
373	section.
374	2.  Offer that student's parent an opportunity to enroll
375	the student in the public school within the district that has
376	been designated by the state pursuant to s. 1008.34 as a school
377	performing higher than that in which the student is currently
378	enrolled or to which the student has been assigned, but not less
379	than performance grade category "C." The parent is not required
380	to accept this offer in lieu of requesting a state opportunity
381	scholarship to a private school. The opportunity to continue
382	attending the higher performing public school shall remain in
383	force until the student graduates from high school.
384	(b)  The parent of a student enrolled in or assigned to a
385	school that has been designated with a performance grade of
386	category "F" for 2 school years in a 4-year period may choose as
387	an alternative to enroll the student in and transport the
388	student to a higher-performing public school that has available
389	space in an adjacent school district, and that school district
390	shall accept the student and report the student for purposes of
391	the district's funding pursuant to the Florida Education Finance
392	Program.
393	Section 10.  Paragraph (b) of subsection (3) of section
394	1003.01, Florida Statutes, is amended to read:
395	1003.01  Definitions.--As used in this chapter, the term:
396	(3)
397	(b)  "Special education services" means specially designed
398	instruction and such related services as are necessary for an
399	exceptional student to benefit from education. Such services may
400	include: transportation; diagnostic and evaluation services;
401	social services; physical and occupational therapy; speech and
402	language pathology services; job placement; orientation and
403	mobility training; braillists, typists, and readers for the
404	blind; interpreters and auditory amplification; rehabilitation
405	counseling; transition services; mental health services;
406	guidance and career counseling; specified materials, assistive
407	technology devices, and other specialized equipment; and other
408	such services as approved by rules of the state board.
409	Section 11.  Paragraph (b) of subsection (2) of section
410	1003.03, Florida Statutes, is amended to read:
411	1003.03  Maximum class size.--
412	(2)  IMPLEMENTATION.--
413	(b)  Determination of the number of students per classroom
414	in paragraph (a) shall be calculated as follows:
415	1.  For fiscal years 2003-2004 through 2006-2007 2005-2006,
416	the calculation for compliance for each of the 3 grade groupings
417	shall be the average at the district level.
418	2.  For fiscal year years 2006-2007 through 2007-2008, the
419	calculation for compliance for each of the 3 grade groupings
420	shall be the average at the school level.
421	3.  For fiscal years 2008-2009, 2009-2010, and thereafter,
422	the calculation for compliance shall be at the individual
423	classroom level.
424	Section 12.  Subsection (3) of section 1003.05, Florida
425	Statutes, is amended to read:
426	1003.05  Assistance to transitioning students from military
427	families.--
428	(3)  Dependent children of active duty military personnel
429	who otherwise meet the eligibility criteria for special academic
430	programs offered through public schools shall be given first
431	preference for admission to such programs even if the program is
432	being offered through a public school other than the school to
433	which the student would generally be assigned and the school at
434	which the program is being offered has reached its maximum
435	enrollment. If such a program is offered through a public school
436	other than the school to which the student would generally be
437	assigned, the parent or guardian of the student must assume
438	responsibility for transporting the student to that school. For
439	purposes of this subsection, special academic programs include
440	charter schools, magnet schools, advanced studies programs,
441	advanced placement, dual enrollment, and International
442	Baccalaureate.
443	Section 13.  Section 1003.413, Florida Statutes, is created
444	to read:
445	1003.413  High school reform.--
446	(1)  Beginning with the 2005-2006 school year, each school
447	district shall establish policies to assist high school students
448	to remain in school, graduate on time, and be prepared for
449	postsecondary education and the workforce. Such policies must
450	address:
451	(a)  Intensive reading remediation for students in grades 9
452	through 12 scoring below Level 3 on FCAT Reading, pursuant to
453	the reading instruction plan required by s. 1011.62(8).
454	(b)  Credit recovery options and course scheduling designed
455	to allow high school students to earn credit for failed courses
456	so that they are able to graduate on time.
457	(c)  Immediate and frequent notification to parents of
458	students who are in danger of not graduating from high school.
459	(d)  Placement in alternative programs, such as programs
460	that emphasize applied integrated curricula, small learning
461	communities, support services, increased discipline, or other
462	strategies documented to improve student achievement.
463	(e)  Summer reading institutes for rising ninth graders
464	scoring below Level 3 on FCAT Reading, pursuant to the reading
465	instruction plan required by s. 1011.62(8).
466
467	A student's participation in an instructional or remediation
468	program prior to or immediately following entering grade 9 for
469	the first time shall not affect that student's classification as
470	a first-time ninth grader for reporting purposes, including
471	calculation of graduation and dropout rates.
472	(2)  The Commissioner of Education shall create and
473	implement the Challenge High School Recognition Program to
474	reward public high schools that demonstrate continuous academic
475	improvement and show the greatest gains in student academic
476	achievement in reading and mathematics.
477	Section 14.  High School Reform Task Force.--
478	(1)  There is created the High School Reform Task Force.
479	The task force shall work in conjunction with the Southern
480	Regional Education Board and the International Center for
481	Leadership in Education and shall be administratively supported
482	by the office of the Chancellor for K-12 Public Schools in the
483	Department of Education and the Just Read, Florida! Office.
484	Appointments to the task force shall be coordinated to ensure
485	that the membership reflects the geographic and cultural
486	diversity of Florida's school age population. The task force
487	shall be abolished upon submission of its recommendations.
488	(2)(a)  The Governor shall appoint members of the task
489	force from the following categories and shall appoint the chair
490	of the task force from its membership:
491	1.  Two representatives of public school districts, who may
492	be principals, district school board members, or school
493	superintendents, at least one of whom works in or with a school
494	with a school grade of "F."
495	2.  One high school teacher who teaches in a high school
496	with a school grade of "F."
497	3.  Two parents of high school students scoring at Level 1
498	on FCAT Reading, at least one whom has a child enrolled in a
499	school with a school grade of "F."
500	4.  One high school student.
501	5.  One teacher or administrator from a charter high
502	school.
503	6.  Two private school teachers or administrators from any
504	registered Florida private school with students in grades 9-12
505	regardless of whether the school is nonsectarian, sectarian, not
506	for profit, or for profit.
507	7.  One representative of the business community.
508	(b)  The Speaker of the House of Representatives shall
509	appoint one member of the House of Representatives to serve on
510	the task force and the President of the Senate shall appoint one
511	member of the Senate to serve on the task force.
512	(3)  Not later than January 1, 2006, the task force shall
513	vote to recommend to the Speaker of the House of
514	Representatives, the President of the Senate, and the Governor a
515	long-term plan for revisions to statutes, rules, and policies
516	that will improve Florida's grade 9 retention rate, graduation
517	rate, dropout rate, and college remediation rate and align high
518	school requirements with the needs of Florida's employers and
519	postsecondary educational institution requirements. The plan
520	must be programmatically and fiscally responsible, feasible, and
521	implementable. The plan must address, but is not limited to
522	addressing: graduation requirements; effective use of
523	accelerated high school graduation options pursuant to s.
524	1003.429; course redesign; remediation strategies; credit
525	recovery; use of alternative programs, including programs that
526	emphasize applied integrated curricula, small learning
527	communities, support services, or increased discipline; use of
528	technology; adjustments to the school grading system to reflect
529	learning gains by high school students; middle school systemic
530	alignment; transition from middle school to high school;
531	alignment with postsecondary and workforce education
532	requirements; and alignment with employer expectations.
533	Section 15.  Section 1003.415, Florida Statutes, is amended
534	to read:
535	1003.415  The Middle Grades Reform Act.--
536	(1)  POPULAR NAME.--This section shall be known by the
537	popular name the "Middle Grades Reform Act."
538	(2)  PURPOSE AND INTENT.--
539	(a)  The purpose of this section is to provide added focus
540	and rigor to academics in the middle grades. Using reading as
541	the foundation, all middle grade students should receive
542	rigorous academic instruction through challenging curricula
543	delivered by highly qualified teachers in schools with
544	outstanding leadership, which schools are supported by engaged
545	and informed parents.
546	(b)  It is the intent of the Legislature that students
547	promoted from the eighth grade will have the necessary reading
548	and mathematics skills to be ready for success in high school.
549	The mission of middle grades is to prepare students to graduate
550	from high school.
551	(3)  DEFINITION.--As used in this section, the term "middle
552	grades" means grades 6, 7, and 8.
553	(4)  CURRICULA AND COURSES.--The Department of Education
554	shall review course offerings, teacher qualifications,
555	instructional materials, and teaching practices used in reading
556	and language arts programs in the middle grades. The department
557	must consult with the Florida Center for Reading Research at
558	Florida State University, the Just Read, Florida! Office,
559	reading researchers, reading specialists, and district
560	supervisors of curriculum in the development of findings and
561	recommendations. The Commissioner of Education shall make
562	recommendations to the State Board of Education regarding
563	changes to reading and language arts curricula in the middle
564	grades based on research-based proven effective programs. The
565	State Board of Education shall adopt rules based upon the
566	commissioner's recommendations no later than March 1, 2005.
567	Implementation of new or revised reading and language arts
568	courses in all middle grades shall be phased in beginning no
569	later than the 2005-2006 school year with completion no later
570	than the 2008-2009 school year.
571	(5)  RIGOROUS READING REQUIREMENT.--
572	(a)  Beginning with the 2004-2005 school year, each public
573	school serving middle grade students, including charter schools,
574	with fewer than 75 percent of its students reading at or above
575	grade level in grade 6, grade 7, or grade 8 as measured by a
576	student scoring at Level 3 or above on the FCAT during the prior
577	school year, must incorporate by October 1 a rigorous reading
578	requirement for reading and language arts programs as the
579	primary component of its school improvement plan. The department
580	shall annually provide to each district school board by June 30
581	a list of its schools that are required to incorporate a
582	rigorous reading requirement as the primary component of the
583	school's improvement plan. The department shall provide
584	technical assistance to school districts and school
585	administrators required to implement the rigorous reading
586	requirement.
587	(b)  The purpose of the rigorous reading requirement is to
588	assist each student who is not reading at or above grade level
589	to do so before entering high school. The rigorous reading
590	requirement must include for a middle school's low-performing
591	student population specific areas that address phonemic
592	awareness, phonics, fluency, comprehension, and vocabulary; the
593	desired levels of performance in those areas; and the
594	instructional and support services to be provided to meet the
595	desired levels of performance. The school shall use research-
596	based reading activities that have been shown to be successful
597	in teaching reading to low-performing students.
598	(c)  Schools required to implement the rigorous reading
599	requirement must provide quarterly reports to the district
600	school superintendent on the progress of students toward
601	increased reading achievement.
602	(d)  The results of implementation of a school's rigorous
603	reading requirement shall be used as part of the annual
604	evaluation of the school's instructional personnel and school
605	administrators as required in s. 1012.34.
606	(6)  COMPREHENSIVE REFORM STUDY ON THE ACADEMIC PERFORMANCE
607	OF STUDENTS AND SCHOOLS.--
608	(a)  The department shall conduct a study on how the
609	overall academic performance of middle grade students and
610	schools can be improved. The department must consult with the
611	Florida Center for Reading Research at Florida State University,
612	the Just Read, Florida! Office, and key education stakeholders,
613	including district school board members, district school
614	superintendents, principals, parents, teachers, district
615	supervisors of curriculum, and students across the state, in the
616	development of its findings and recommendations. The department
617	shall review, at a minimum, each of the following elements:
618	1.  Academic expectations, which include, but are not
619	limited to:
620	a.  Alignment of middle school expectations with elementary
621	and high school graduation requirements.
622	b.  Best practices to improve reading and language arts
623	courses based on research-based programs for middle school
624	students in alignment with the Sunshine State Standards.
625	c.  Strategies that focus on improving academic success for
626	low-performing students.
627	d.  Rigor of curricula and courses.
628	e.  Instructional materials.
629	f.  Course enrollment by middle school students.
630	g.  Student support services.
631	h.  Measurement and reporting of student achievement.
632	2.  Attendance policies and student mobility issues.
633	3.  Teacher quality, which includes, but is not limited to:
634	a.  Preparedness of teachers to teach rigorous courses to
635	middle school students.
636	b.  Teacher evaluations.
637	c.  Substitute teachers.
638	d.  Certification and recertification requirements.
639	e.  Staff development requirements.
640	f.  Availability of effective staff development training.
641	g.  Teacher recruitment and vacancy issues.
642	h.  Federal requirements for highly qualified teachers
643	pursuant to the No Child Left Behind Act of 2001.
644	4.  Identification and availability of diagnostic testing.
645	5.  Availability of personnel and scheduling issues.
646	6.  Middle school leadership and performance.
647	7.  Parental and community involvement.
648	(b)  By December 1, 2004, the Commissioner of Education
649	shall submit to the President of the Senate, the Speaker of the
650	House of Representatives, the chairs of the education committees
651	in the Senate and the House of Representatives, and the State
652	Board of Education recommendations to increase the academic
653	performance of middle grade students and schools.
654	(5)(7)  PERSONALIZED MIDDLE SCHOOL SUCCESS PLAN.--
655	(a)  Beginning with the 2004-2005 school year, Each
656	principal of a school with a middle grade shall designate
657	certified staff members at the school to develop and administer
658	a personalized middle school success plan for each entering
659	sixth grade student who scored below Level 3 in reading on the
660	most recently administered FCAT. The purpose of the success plan
661	is to assist the student in meeting state and school district
662	expectations in academic proficiency and to prepare the student
663	for a rigorous high school curriculum. The success plan shall be
664	developed in collaboration with the student and his or her
665	parent and must be implemented until the student completes the
666	eighth grade or achieves a score at Level 3 or above in reading
667	on the FCAT, whichever occurs first. The success plan must
668	minimize paperwork and may be incorporated into a parent/teacher
669	conference, included as part of a progress report or report
670	card, included as part of a general orientation at the beginning
671	of the school year, or provided by electronic mail or other
672	written correspondence.
673	(b)  The personalized middle school success plan must:
674	1.  Identify educational goals and intermediate benchmarks
675	for the student in the core curriculum areas which will prepare
676	the student for high school.
677	2.  Be based upon academic performance data and an
678	identification of the student's strengths and weaknesses.
679	3.  Include academic intervention strategies with frequent
680	progress monitoring.
681	4.  Provide innovative methods to promote the student's
682	advancement which may include, but not be limited to, flexible
683	scheduling, tutoring, focus on core curricula, online
684	instruction, an alternative learning environment, or other
685	interventions that have been shown to accelerate the learning
686	process.
687	(c)  The personalized middle school success plan must be
688	incorporated into any individual student plan required by
689	federal or state law, including the academic improvement plan
690	required in s. 1008.25, an individual education plan (IEP) for a
691	student with disabilities, a federal 504 plan, or an ESOL plan.
692	(d)  The Department of Education shall provide technical
693	assistance for districts, school administrators, and
694	instructional personnel regarding the development of
695	personalized middle school success plans. The assistance shall
696	include strategies and techniques designed to maximize
697	interaction between students, parents, teachers, and other
698	instructional and administrative staff while minimizing
699	paperwork.
700	(6)(8)  STATE BOARD OF EDUCATION AUTHORITY.--
701	(a)  The State Board of Education shall have authority to
702	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
703	the provisions of this section.
704	(b)  The State Board of Education shall have authority
705	pursuant to s. 1008.32 to enforce the provisions of this
706	section.
707	Section 16.  Section 1003.4155, Florida Statutes, is
708	created to read:
709	1003.4155  Middle school grading system.--The grading
710	system and interpretation of letter grades used in grades 6
711	through 8 shall be as follows:
712	(1)  Grade "A" equals 90 percent through 100 percent, has a
713	grade point average value of 4, and is defined as "outstanding
714	progress."
715	(2)  Grade "B" equals 80 percent through 89 percent, has a
716	grade point average value of 3, and is defined as "above average
717	progress."
718	(3)  Grade "C" equals 70 percent through 79 percent, has a
719	grade point average value of 2, and is defined as "average
720	progress."
721	(4)  Grade "D" equals 60 percent through 69 percent, has a
722	grade point average value of 1, and is defined as "lowest
723	acceptable progress."
724	(5)  Grade "F" equals zero percent through 59 percent, has
725	a grade point average value of zero, and is defined as
726	"failure."
727	(6)  Grade "I" equals zero percent, has a grade point
728	average value of zero, and is defined as "incomplete."
729	Section 17.  Section 1003.4156, Florida Statutes, is
730	created to read:
731	1003.4156  General requirements for middle school
732	promotion.--
733	(1)  Beginning with students entering grade 6 in the 2005-
734	2006 school year, promotion from a middle school with grades 6
735	through 8 requires that:
736	(a)  A student must successfully complete 12 academic
737	credits as follows:
738	1.  Three middle school or higher credits in
739	English/language arts.
740	2.  Three middle school or higher credits in mathematics.
741	3.  Two middle school or higher credits in social studies.
742	4.  Two middle school or higher credits in science.
743	5.  Two middle school or higher credits in elective
744	courses.
745	(b)  For each year in which a student scores at Level 1 or
746	Level 2 on FCAT Reading, the student must the following year be
747	enrolled in and complete a full-year intensive reading course
748	for which the student may earn up to one elective credit per
749	year. Students scoring at Level 3 or Level 4 on FCAT Reading may
750	be enrolled, with parental permission, in a full-year intensive
751	reading course for which the student may earn up to two elective
752	credits during middle school. Reading courses shall be designed
753	and offered pursuant to the reading instruction plan required by
754	s. 1011.62(8).
755	(2)  One full credit means a minimum of 135 hours of
756	instruction in a designated course of study that contains
757	student performance standards. For schools authorized by the
758	district school board to implement block scheduling, one full
759	credit means a minimum of 120 hours of instruction in a
760	designated course of study that contains student performance
761	standards.
762	(3)  District school boards shall establish policies to
763	implement the requirements of this section. The policies may
764	allow alternative methods for students to earn the credits
765	required by this section. School districts shall emphasize
766	alternative programs for students scoring at Level 1 on FCAT
767	Reading who have been retained in elementary school. The
768	alternatives may include, but are not limited to, opportunities
769	for students to:
770	(a)  Recover credits.
771	(b)  Be promoted on time to high school.
772	(c)  Be placed in programs that emphasize applied
773	integrated curricula, small learning communities, support
774	services, increased discipline, or other strategies documented
775	to improve student achievement.
776
777	The school district's policy shall be submitted to the State
778	Board of Education for approval. The school district's policy
779	shall be automatically approved unless specifically rejected by
780	the State Board of Education within 60 days after receipt.
781	(4)  The State Board of Education shall adopt rules
782	pursuant to ss. 120.536(1) and 120.54 to provide for alternative
783	middle school promotion standards for students in grade 6, grade
784	7, or grade 8, including students who are not enrolled in
785	schools with a grade 6 through 8 middle school configuration.
786	Section 18.  Subsection (2) of section 1003.42, Florida
787	Statutes, is amended to read:
788	1003.42  Required instruction.--
789	(2)  All members of the instructional staff of the public
790	schools, subject to the rules of the State Board of Education
791	and the district school board, shall teach efficiently and
792	faithfully, using the books and materials required that meet the
793	highest standards for professionalism and historic accuracy,
794	following the prescribed courses of study, and employing
795	approved methods of instruction, the following:
796	(a)  The history and content of the Declaration of
797	Independence as written, including national sovereignty, natural
798	law, self-evident truth, equality of all persons, limited
799	government, popular sovereignty, and God-given, inalienable
800	rights of life, liberty, and property, and how they form it
801	forms the philosophical foundation of our government.
802	(b)  The history, meaning, significance, and effect of the
803	provisions of the Constitution of the United States and
804	amendments thereto with emphasis on each of the 10 amendments
805	that make up the Bill of Rights and how the Constitution
806	provides the structure of our government.
807	(c)  The history of the state and the State Constitution.
808	(d)(b)  The most important arguments in support of adopting
809	our republican form of government, as they are embodied in the
810	most important of the Federalist Papers.
811	(c)  The essentials of the United States Constitution and
812	how it provides the structure of our government.
813	(e)(d)  Flag education, including proper flag display and
814	flag salute.
815	(f)(e)  The elements of United States civil government,
816	including the primary functions of and interrelationships
817	between the Federal Government, the state, and its counties,
818	municipalities, school districts, and special districts.
819	(g)  The history of the United States, including the period
820	of discovery, early colonies, the War for Independence, the
821	Civil War, Reconstruction, the expansion of the United States to
822	its present boundaries, the world wars, and the Civil Rights
823	Movement to the present. The history of the United States should
824	be taught in a factual manner based on genuine history. The
825	curriculum should include instruction on the universal
826	principles stated in the United States Constitution and the
827	Declaration of Independence.
828	(h)(f)  The history of the Holocaust (1933-1945), the
829	systematic, planned annihilation of European Jews and other
830	groups by Nazi Germany, a watershed event in the history of
831	humanity, to be taught in a manner that leads to an
832	investigation of human behavior, an understanding of the
833	ramifications of prejudice, racism, and stereotyping, and an
834	examination of what it means to be a responsible and respectful
835	person, for the purposes of encouraging tolerance of diversity
836	in a pluralistic society and for nurturing and protecting
837	democratic values and institutions.
838	(i)(g)  The history of African Americans, including the
839	history of African peoples before the political conflicts that
840	led to the development of slavery, the passage to America, the
841	enslavement experience, abolition, and the contributions of
842	African Americans to society.
843	(j)(h)  The elementary principles of agriculture.
844	(k)(i)  The true effects of all alcoholic and intoxicating
845	liquors and beverages and narcotics upon the human body and
846	mind.
847	(l)(j)  Kindness to animals.
848	(k)  The history of the state.
849	(m)(l)  The conservation of natural resources.
850	(n)(m)  Comprehensive health education that addresses
851	concepts of community health; consumer health; environmental
852	health; family life, including an awareness of the benefits of
853	sexual abstinence as the expected standard and the consequences
854	of teenage pregnancy; mental and emotional health; injury
855	prevention and safety; nutrition; personal health; prevention
856	and control of disease; and substance use and abuse.
857	(o)(n)  Such additional materials, subjects, courses, or
858	fields in such grades as are prescribed by law or by rules of
859	the State Board of Education and the district school board in
860	fulfilling the requirements of law.
861	(p)(o)  The study of Hispanic contributions to the United
862	States.
863	(q)(p)  The study of women's contributions to the United
864	States.
865	(r)  The nature and importance of free enterprise to the
866	United States economy.
867	(s)(q)  A character-development program in the elementary
868	schools, similar to Character First or Character Counts, which
869	is secular in nature and stresses such character qualities as
870	attentiveness, patience, and initiative. Beginning in school
871	year 2004-2005, the character-development program shall be
872	required in kindergarten through grade 12. Each district school
873	board shall develop or adopt a curriculum for the character-
874	development program that shall be submitted to the department
875	for approval. The character-development curriculum shall stress
876	the qualities of patriotism;, responsibility;, citizenship; the
877	Golden Rule;, kindness;, respect for authority, human life,
878	liberty, and personal property;, honesty; charity;, self-
879	control;, racial, ethnic, and religious tolerance;, and
880	cooperation.
881	(t)(r)  In order to encourage patriotism, the sacrifices
882	that veterans have made in serving our country and protecting
883	democratic values worldwide. Such instruction must occur on or
884	before Veterans' Day and Memorial Day. Members of the
885	instructional staff are encouraged to use the assistance of
886	local veterans when practicable.
887	Section 19.  Paragraph (g) of subsection (1) of section
888	1003.43, Florida Statutes, is amended to read:
889	1003.43  General requirements for high school graduation.--
890	(1)  Graduation requires successful completion of either a
891	minimum of 24 academic credits in grades 9 through 12 or an
892	International Baccalaureate curriculum. The 24 credits shall be
893	distributed as follows:
894	(g)  One-half credit in American government, including
895	study of the Declaration of Independence and the Constitution of
896	the United States. For students entering the 9th grade in the
897	1997-1998 school year and thereafter, the study of Florida
898	government, including study of the State Constitution, the three
899	branches of state government, and municipal and county
900	government, shall be included as part of the required study of
901	American government.
902
903	District school boards may award a maximum of one-half credit in
904	social studies and one-half elective credit for student
905	completion of nonpaid voluntary community or school service
906	work. Students choosing this option must complete a minimum of
907	75 hours of service in order to earn the one-half credit in
908	either category of instruction. Credit may not be earned for
909	service provided as a result of court action. District school
910	boards that approve the award of credit for student volunteer
911	service shall develop guidelines regarding the award of the
912	credit, and school principals are responsible for approving
913	specific volunteer activities. A course designated in the Course
914	Code Directory as grade 9 through grade 12 that is taken below
915	the 9th grade may be used to satisfy high school graduation
916	requirements or Florida Academic Scholars award requirements as
917	specified in a district school board's student progression plan.
918	A student shall be granted credit toward meeting the
919	requirements of this subsection for equivalent courses, as
920	identified pursuant to s. 1007.271(6), taken through dual
921	enrollment.
922	Section 20.  Section 1003.57, Florida Statutes, is amended
923	to read:
924	1003.57  Exceptional students instruction.--
925	(1)  Each district school board shall provide for an
926	appropriate program of special instruction, facilities, and
927	services for exceptional students as prescribed by the State
928	Board of Education as acceptable, including provisions that:
929	(a)(1)  The district school board provide the necessary
930	professional services for diagnosis and evaluation of
931	exceptional students.
932	(b)(2)  The district school board provide the special
933	instruction, classes, and services, either within the district
934	school system, in cooperation with other district school
935	systems, or through contractual arrangements with approved
936	private schools or community facilities that meet standards
937	established by the commissioner.
938	(c)(3)  The district school board annually provide
939	information describing the Florida School for the Deaf and the
940	Blind and all other programs and methods of instruction
941	available to the parent of a sensory-impaired student.
942	(d)(4)  The district school board, once every 3 years,
943	submit to the department its proposed procedures for the
944	provision of special instruction and services for exceptional
945	students.
946	(e)(5)  No student be given special instruction or services
947	as an exceptional student until after he or she has been
948	properly evaluated, classified, and placed in the manner
949	prescribed by rules of the State Board of Education. The parent
950	of an exceptional student evaluated and placed or denied
951	placement in a program of special education shall be notified of
952	each such evaluation and placement or denial. Such notice shall
953	contain a statement informing the parent that he or she is
954	entitled to a due process hearing on the identification,
955	evaluation, and placement, or lack thereof. Such hearings shall
956	be exempt from the provisions of ss. 120.569, 120.57, and
957	286.011, except to the extent that the State Board of Education
958	adopts rules establishing other procedures and any records
959	created as a result of such hearings shall be confidential and
960	exempt from the provisions of s. 119.07(1). The hearing must be
961	conducted by an administrative law judge from the Division of
962	Administrative Hearings of the Department of Management
963	Services. The decision of the administrative law judge shall be
964	final, except that any party aggrieved by the finding and
965	decision rendered by the administrative law judge shall have the
966	right to bring a civil action in the circuit court. In such an
967	action, the court shall receive the records of the
968	administrative hearing and shall hear additional evidence at the
969	request of either party. In the alternative, any party aggrieved
970	by the finding and decision rendered by the administrative law
971	judge shall have the right to request an impartial review of the
972	administrative law judge's order by the district court of appeal
973	as provided by s. 120.68. Notwithstanding any law to the
974	contrary, during the pendency of any proceeding conducted
975	pursuant to this section, unless the district school board and
976	the parents otherwise agree, the student shall remain in his or
977	her then-current educational assignment or, if applying for
978	initial admission to a public school, shall be assigned, with
979	the consent of the parents, in the public school program until
980	all such proceedings have been completed.
981	(f)(6)  In providing for the education of exceptional
982	students, the district school superintendent, principals, and
983	teachers shall utilize the regular school facilities and adapt
984	them to the needs of exceptional students to the maximum extent
985	appropriate. Segregation of exceptional students shall occur
986	only if the nature or severity of the exceptionality is such
987	that education in regular classes with the use of supplementary
988	aids and services cannot be achieved satisfactorily.
989	(g)(7)  In addition to the services agreed to in a
990	student's individual education plan, the district school
991	superintendent shall fully inform the parent of a student having
992	a physical or developmental disability of all available services
993	that are appropriate for the student's disability. The
994	superintendent shall provide the student's parent with a summary
995	of the student's rights.
996	(2)(a)  An exceptional student with a disability who
997	resides in a residential facility and receives special
998	instruction or services is considered a resident of the state in
999	which the parent is a resident. The cost of such instruction,
1000	facilities, and services for a nonresident exceptional student
1001	with a disability shall be provided by the placing authority,
1002	such as a public school entity, other placing authority, or
1003	parent, in the parent's state of residence. A nonresident
1004	exceptional student with a disability who resides in a
1005	residential facility may not be reported by any school district
1006	for FTE funding in the Florida Education Finance Program.
1007	(b)  The Department of Education shall provide to each
1008	school district a statement of the specific limitations of the
1009	district's financial obligation for exceptional students with
1010	disabilities under federal and state law. The department shall
1011	also provide to each school district technical assistance as
1012	necessary for developing a local plan to impose on a parent's
1013	state of residence the fiscal responsibility for educating a
1014	nonresident exceptional student with a disability.
1015	(c)  The Department of Education shall develop a process by
1016	which a school district must, before providing services to an
1017	exceptional student with a disability who resides in a
1018	residential facility in this state, review the residency of the
1019	student. The residential facility, not the district, is
1020	responsible for billing and collecting from the parent's state
1021	of residence for the nonresident student's educational and
1022	related services.
1023	(d)  This subsection applies to any nonresident exceptional
1024	student with a disability who resides in a residential facility
1025	and who receives instruction as an exceptional student with a
1026	disability in any type of residential facility in this state,
1027	including, but not limited to, a private school, a group home
1028	facility as defined in s. 393.063, an intensive residential
1029	treatment program for children and adolescents as defined in s.
1030	395.002, a facility as defined in s. 394.455, an intermediate
1031	care facility for the developmentally disabled or ICF/DD as
1032	defined in s. 393.063 or s. 400.960, or a community residential
1033	home as defined in s. 419.001.
1034	(3)  Notwithstanding s. 1000.21(5), for purposes of this
1035	section, the term "parent" is defined as either or both parents
1036	of a student or any guardian of a student.
1037	(4)  The State Board of Education may adopt rules pursuant
1038	to ss. 120.536(1) and 120.54 to implement the provisions of this
1039	section relating to determination of the residency of an
1040	exceptional student with a disability.
1041	Section 21.  Section 1003.575, Florida Statutes, is created
1042	to read:
1043	1003.575  Individual education plans for exceptional
1044	students.--The Department of Education shall coordinate the
1045	development of an individual education plan (IEP) form for use
1046	in developing and implementing individual education plans for
1047	exceptional students. The IEP form shall have a streamlined
1048	format and shall be compatible with federal standards. The
1049	department shall make the IEP form available to each school
1050	district in the state to facilitate the use of an existing IEP
1051	when a student transfers from one school district to another.
1052	Section 22.  Subsection (3) of section 1003.58, Florida
1053	Statutes, is amended to read:
1054	1003.58  Students in residential care facilities.--Each
1055	district school board shall provide educational programs
1056	according to rules of the State Board of Education to students
1057	who reside in residential care facilities operated by the
1058	Department of Children and Family Services.
1059	(3)  The district school board shall have full and complete
1060	authority in the matter of the assignment and placement of such
1061	students in educational programs. The parent of an exceptional
1062	student shall have the same due process rights as are provided
1063	under s. 1003.57(1)(e)(5).
1064
1065	Notwithstanding the provisions herein, the educational program
1066	at the Marianna Sunland Center in Jackson County shall be
1067	operated by the Department of Education, either directly or
1068	through grants or contractual agreements with other public or
1069	duly accredited educational agencies approved by the Department
1070	of Education.
1071	Section 23.  Paragraph (a) of subsection (1) and paragraph
1072	(a) of subsection (2) of section 1003.62, Florida Statutes, are
1073	amended to read:
1074	1003.62  Academic performance-based charter school
1075	districts.--The State Board of Education may enter into a
1076	performance contract with district school boards as authorized
1077	in this section for the purpose of establishing them as academic
1078	performance-based charter school districts. The purpose of this
1079	section is to examine a new relationship between the State Board
1080	of Education and district school boards that will produce
1081	significant improvements in student achievement, while complying
1082	with constitutional and statutory requirements assigned to each
1083	entity.
1084	(1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL DISTRICT.--
1085	(a)  A school district shall be eligible for designation as
1086	an academic performance-based charter school district if it is a
1087	high-performing school district in which a minimum of 50 percent
1088	of the schools earn a performance grade of category "A" or "B"
1089	and in which no school earns a performance grade of category "D"
1090	or "F" for 2 consecutive years pursuant to s. 1008.34. Schools
1091	that receive a performance grade of category "I" or "N" shall
1092	not be included in this calculation. The performance contract
1093	for a school district that earns a charter based on school
1094	performance grades shall be predicated on maintenance of at
1095	least 50 percent of the schools in the school district earning a
1096	performance grade of category "A" or "B" with no school in the
1097	school district earning a performance grade of category "D" or
1098	"F" for 2 consecutive years. A school district in which the
1099	number of schools that earn a performance grade of "A" or "B" is
1100	less than 50 percent may have its charter renewed for 1 year;
1101	however, if the percentage of "A" or "B" schools is less than 50
1102	percent for 2 consecutive years, the charter shall not be
1103	renewed.
1104	(2)  EXEMPTION FROM STATUTES AND RULES.--
1105	(a)  An academic performance-based charter school district
1106	shall operate in accordance with its charter and shall be exempt
1107	from certain State Board of Education rules and statutes if the
1108	State Board of Education determines such an exemption will
1109	assist the district in maintaining or improving its high-
1110	performing status pursuant to paragraph (1)(a). However, the
1111	State Board of Education may not exempt an academic performance-
1112	based charter school district from any of the following
1113	statutes:
1114	1.  Those statutes pertaining to the provision of services
1115	to students with disabilities.
1116	2.  Those statutes pertaining to civil rights, including s.
1117	1000.05, relating to discrimination.
1118	3.  Those statutes pertaining to student health, safety,
1119	and welfare.
1120	4.  Those statutes governing the election or compensation
1121	of district school board members.
1122	5.  Those statutes pertaining to the student assessment
1123	program and the school grading system, including chapter 1008.
1124	6.  Those statutes pertaining to financial matters,
1125	including chapter 1010.
1126	7.  Those statutes pertaining to planning and budgeting,
1127	including chapter 1011, except that ss. 1011.64 and 1011.69
1128	shall be eligible for exemption.
1129	8.  Sections 1012.22(1)(c), 1012.2312, and 1012.27(2),
1130	relating to performance-pay and differentiated-pay policies for
1131	school administrators and instructional personnel. Professional
1132	service contracts shall be subject to the provisions of ss.
1133	1012.33 and 1012.34.
1134	9.  Those statutes pertaining to educational facilities,
1135	including chapter 1013, except as specified under contract with
1136	the State Board of Education. However, no contractual provision
1137	that could have the effect of requiring the appropriation of
1138	additional capital outlay funds to the academic performance-
1139	based charter school district shall be valid.
1140	Section 24.  Paragraph (e) of subsection (2) of section
1141	1005.22, Florida Statutes, is amended to read:
1142	1005.22  Powers and duties of commission.--
1143	(2)  The commission may:
1144	(e)  Advise the Governor, the Legislature, the State Board
1145	of Education, the Council for Education Policy Research and
1146	Improvement, and the Commissioner of Education on issues
1147	relating to private postsecondary education.
1148	Section 25.  Subsection (3) of section 1007.33, Florida
1149	Statutes, is amended to read:
1150	1007.33  Site-determined baccalaureate degree access.--
1151	(3)  A community college may develop a proposal to deliver
1152	specified baccalaureate degree programs in its district to meet
1153	local workforce needs. The proposal must be submitted to the
1154	State Board of Education for approval. The community college's
1155	proposal must include the following information:
1156	(a)  Demand for the baccalaureate degree program is
1157	identified by the workforce development board, local businesses
1158	and industry, local chambers of commerce, and potential
1159	students.
1160	(b)  Unmet need for graduates of the proposed degree
1161	program is substantiated.
1162	(c)  The community college has the facilities and academic
1163	resources to deliver the program.
1164
1165	The proposal must be submitted to the Council for Education
1166	Policy Research and Improvement for review and comment. Upon
1167	approval of the State Board of Education for the specific degree
1168	program or programs, the community college shall pursue regional
1169	accreditation by the Commission on Colleges of the Southern
1170	Association of Colleges and Schools. Any additional
1171	baccalaureate degree programs the community college wishes to
1172	offer must be approved by the State Board of Education.
1173	Section 26.  Paragraph (f) of subsection (1), paragraphs
1174	(c) and (e) of subsection (3), and subsection (9) of section
1175	1008.22, Florida Statutes, are amended, subsection (10) is
1176	renumbered as subsection (11), and a new subsection (10) is
1177	added to said section, to read:
1178	1008.22  Student assessment program for public schools.--
1179	(1)  PURPOSE.--The primary purposes of the student
1180	assessment program are to provide information needed to improve
1181	the public schools by enhancing the learning gains of all
1182	students and to inform parents of the educational progress of
1183	their public school children. The program must be designed to:
1184	(f)  Provide information on the performance of Florida
1185	students compared with other students others across the United
1186	States.
1187	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1188	design and implement a statewide program of educational
1189	assessment that provides information for the improvement of the
1190	operation and management of the public schools, including
1191	schools operating for the purpose of providing educational
1192	services to youth in Department of Juvenile Justice programs.
1193	The commissioner may enter into contracts for the continued
1194	administration of the assessment, testing, and evaluation
1195	programs authorized and funded by the Legislature. Contracts may
1196	be initiated in 1 fiscal year and continue into the next and may
1197	be paid from the appropriations of either or both fiscal years.
1198	The commissioner is authorized to negotiate for the sale or
1199	lease of tests, scoring protocols, test scoring services, and
1200	related materials developed pursuant to law. Pursuant to the
1201	statewide assessment program, the commissioner shall:
1202	(c)  Develop and implement a student achievement testing
1203	program known as the Florida Comprehensive Assessment Test
1204	(FCAT) as part of the statewide assessment program, to be
1205	administered annually in grades 3 through 10 to measure reading,
1206	writing, science, and mathematics. Other content areas may be
1207	included as directed by the commissioner. The assessment of
1208	reading and mathematics shall be administered annually in grades
1209	3 through 10. The assessment of writing and science shall be
1210	administered at least once at the elementary, middle, and high
1211	school levels. The testing program must be designed so that:
1212	1.  The tests measure student skills and competencies
1213	adopted by the State Board of Education as specified in
1214	paragraph (a). The tests must measure and report student
1215	proficiency levels in reading, writing, mathematics, and
1216	science. The commissioner shall provide for the tests to be
1217	developed or obtained, as appropriate, through contracts and
1218	project agreements with private vendors, public vendors, public
1219	agencies, postsecondary educational institutions, or school
1220	districts. The commissioner shall obtain input with respect to
1221	the design and implementation of the testing program from state
1222	educators and the public.
1223	2.  The testing program will include a combination of norm-
1224	referenced and criterion-referenced tests and include, to the
1225	extent determined by the commissioner, questions that require
1226	the student to produce information or perform tasks in such a
1227	way that the skills and competencies he or she uses can be
1228	measured.
1229	3.  Each testing program, whether at the elementary,
1230	middle, or high school level, includes a test of writing in
1231	which students are required to produce writings that are then
1232	scored by appropriate methods.
1233	4.  A score is designated for each subject area tested,
1234	below which score a student's performance is deemed inadequate.
1235	The school districts shall provide appropriate remedial
1236	instruction to students who score below these levels.
1237	5.  Except as provided in s. 1003.43(11)(b), students must
1238	earn a passing score on the grade 10 assessment test described
1239	in this paragraph or on an alternate assessment as described in
1240	subsection (9) in reading, writing, and mathematics to qualify
1241	for a regular high school diploma. The State Board of Education
1242	shall designate a passing score for each part of the grade 10
1243	assessment test. In establishing passing scores, the state board
1244	shall consider any possible negative impact of the test on
1245	minority students. All students who took the grade 10 FCAT
1246	during the 2000-2001 school year shall be required to earn the
1247	passing scores in reading and mathematics established by the
1248	State Board of Education for the March 2001 test administration.
1249	Such students who did not earn the established passing scores
1250	and must repeat the grade 10 FCAT are required to earn the
1251	passing scores established for the March 2001 test
1252	administration. All students who take the grade 10 FCAT for the
1253	first time in March 2002 shall be required to earn the passing
1254	scores in reading and mathematics established by the State Board
1255	of Education for the March 2002 test administration. The State
1256	Board of Education shall adopt rules which specify the passing
1257	scores for the grade 10 FCAT. Any such rules, which have the
1258	effect of raising the required passing scores, shall only apply
1259	to students taking the grade 10 FCAT for the first time after
1260	such rules are adopted by the State Board of Education.
1261	6.  Participation in the testing program is mandatory for
1262	all students attending public school, including students served
1263	in Department of Juvenile Justice programs, except as otherwise
1264	prescribed by the commissioner. If a student does not
1265	participate in the statewide assessment, the district must
1266	notify the student's parent and provide the parent with
1267	information regarding the implications of such nonparticipation.
1268	If modifications are made in the student's instruction to
1269	provide accommodations that would not be permitted on the
1270	statewide assessment tests, the district must notify the
1271	student's parent of the implications of such instructional
1272	modifications. A parent must provide signed consent for a
1273	student to receive instructional modifications that would not be
1274	permitted on the statewide assessments and must acknowledge in
1275	writing that he or she understands the implications of such
1276	accommodations. The State Board of Education shall adopt rules,
1277	based upon recommendations of the commissioner, for the
1278	provision of test accommodations and modifications of procedures
1279	as necessary for students in exceptional education programs and
1280	for students who have limited English proficiency.
1281	Accommodations that negate the validity of a statewide
1282	assessment are not allowable.
1283	7.  A student seeking an adult high school diploma must
1284	meet the same testing requirements that a regular high school
1285	student must meet.
1286	8.  District school boards must provide instruction to
1287	prepare students to demonstrate proficiency in the skills and
1288	competencies necessary for successful grade-to-grade progression
1289	and high school graduation. If a student is provided with
1290	accommodations or modifications that are not allowable in the
1291	statewide assessment program, as described in the test manuals,
1292	the district must inform the parent in writing and must provide
1293	the parent with information regarding the impact on the
1294	student's ability to meet expected proficiency levels in
1295	reading, writing, and math. The commissioner shall conduct
1296	studies as necessary to verify that the required skills and
1297	competencies are part of the district instructional programs.
1298	9.  The Department of Education must develop, or select,
1299	and implement a common battery of assessment tools that will be
1300	used in all juvenile justice programs in the state. These tools
1301	must accurately measure the skills and competencies established
1302	in the Florida Sunshine State Standards.
1303
1304	The commissioner may design and implement student testing
1305	programs, for any grade level and subject area, necessary to
1306	effectively monitor educational achievement in the state.
1307	(e)  Conduct ongoing research and analysis of student
1308	achievement data, including, without limitation, monitoring
1309	trends in student achievement by grade level and overall student
1310	achievement, identifying school programs that are successful,
1311	and analyzing correlates of school achievement.
1312	(9)  EQUIVALENCIES FOR STANDARDIZED TESTS.--
1313	(a)  The State Board of Education shall conduct concordance
1314	studies, as necessary, to determine scores on the SAT and the
1315	ACT equivalent to those required on the FCAT for high school
1316	graduation pursuant to s. 1003.429(6)(a) or s. 1003.43(5)(a).
1317	(b)(a)  The Commissioner of Education shall approve the use
1318	of the SAT and ACT tests as alternative assessments to the grade
1319	10 FCAT for the 2003-2004 school year. Students who attain
1320	scores on the SAT or ACT which equate to the passing scores on
1321	the grade 10 FCAT for purposes of high school graduation shall
1322	satisfy the assessment requirement for a standard high school
1323	diploma as provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for
1324	the 2003-2004 school year if the students meet the requirement
1325	in paragraph (c)(b).
1326	(c)(b)  A student shall be required to take each subject
1327	area of the grade 10 FCAT a total of three times without earning
1328	a passing score in order to use the corresponding subject area
1329	scores on an alternative assessment pursuant to paragraph
1330	(b)(a). This requirement shall not apply to a new student who
1331	enters is a new student to the Florida public school system in
1332	grade 12, who may either take the FCAT or use approved score
1333	equivalencies to fulfill the graduation requirement.
1334	(10)  REPORTS.--The Department of Education shall annually
1335	provide a report to the Governor, the President of the Senate,
1336	and the Speaker of the House of Representatives on the
1337	following:
1338	(a)  Longitudinal performance of students in mathematics
1339	and reading.
1340	(b)  Longitudinal performance of students by grade level in
1341	mathematics and reading.
1342	(c)  Longitudinal performance regarding efforts to close
1343	the achievement gap.
1344	(d)  Longitudinal performance of students on the norm-
1345	referenced component of the FCAT.
1346	(e)  Other student performance data based on national norm-
1347	referenced and criterion-referenced tests, when available, and
1348	numbers of students who after 8th grade enroll in adult
1349	education rather than other secondary education.
1350	Section 27.  Paragraph (b) of subsection (4) and paragraph
1351	(b) of subsection (8) of section 1008.25, Florida Statutes, are
1352	amended, and paragraph (c) is added to subsection (8) of said
1353	section, to read:
1354	1008.25  Public school student progression; remedial
1355	instruction; reporting requirements.--
1356	(4)  ASSESSMENT AND REMEDIATION.--
1357	(b)  The school in which the student is enrolled must
1358	develop, in consultation with the student's parent, and must
1359	implement an academic improvement plan designed to assist the
1360	student in meeting state and district expectations for
1361	proficiency. For a student for whom a personalized middle school
1362	success plan is required pursuant to s. 1003.415, the middle
1363	school success plan must be incorporated in the student's
1364	academic improvement plan. Beginning with the 2002-2003 school
1365	year, if the student has been identified as having a deficiency
1366	in reading, the academic improvement plan shall identify the
1367	student's specific areas of deficiency in phonemic awareness,
1368	phonics, fluency, comprehension, and vocabulary; the desired
1369	levels of performance in these areas; and the instructional and
1370	support services to be provided to meet the desired levels of
1371	performance. Schools shall also provide for the frequent
1372	monitoring of the student's progress in meeting the desired
1373	levels of performance. District school boards may require low-
1374	performing students to attend remediation programs held before
1375	or after regular school hours, upon the request of the school
1376	principal, and shall assist schools and teachers to implement
1377	research-based reading activities that have been shown to be
1378	successful in teaching reading to low-performing students.
1379	Remedial instruction provided during high school may not be in
1380	lieu of English and mathematics credits required for graduation.
1381	(8)  ANNUAL REPORT.--
1382	(b)  Beginning with the 2001-2002 school year, Each
1383	district school board must annually publish in the local
1384	newspaper, and report in writing to the State Board of Education
1385	by September 1 of each year, the following information on the
1386	prior school year:
1387	1.  The provisions of this section relating to public
1388	school student progression and the district school board's
1389	policies and procedures on student retention and promotion.
1390	2.  By grade, the number and percentage of all students in
1391	grades 3 through 10 performing at Levels 1 and 2 on the reading
1392	portion of the FCAT.
1393	3.  By grade, the number and percentage of all students
1394	retained in grades 3 through 10.
1395	4.  Information on the total number of students who were
1396	promoted for good cause, by each category of good cause as
1397	specified in paragraph (6)(b).
1398	5.  Any revisions to the district school board's policy on
1399	student retention and promotion from the prior year.
1400	(c)  The Department of Education shall establish a uniform
1401	format for school districts to report the information required
1402	in paragraph (b). The format shall be developed with input from
1403	school districts and shall be provided not later than 60 days
1404	prior to the annual due date. The department shall annually
1405	compile the information required in subparagraphs (b)2., 3., and
1406	4., along with state-level summary information, and report such
1407	information to the Governor, the President of the Senate, and
1408	the Speaker of the House of Representatives.
1409	Section 28.  Section 1008.301, Florida Statutes, is
1410	repealed.
1411	Section 29.  Section 1008.31, Florida Statutes, is amended
1412	to read:
1413	1008.31  Florida's K-20 education performance
1414	accountability system; legislative intent; public accountability
1415	and reporting performance-based funding; mission, goals, and
1416	systemwide measures.--
1417	(1)  LEGISLATIVE INTENT.--It is the intent of the
1418	Legislature that:
1419	(a)  The performance accountability system implemented to
1420	assess the effectiveness of Florida's seamless K-20 education
1421	delivery system provide answers to the following questions in
1422	relation to its mission and goals:
1423	1.  What is the public receiving in return for funds it
1424	invests in education?
1425	2.  How effectively is Florida's K-20 education system
1426	educating its students?
1427	3.  How effectively are the major delivery sectors
1428	promoting student achievement?
1429	4.  How are individual schools and postsecondary education
1430	institutions performing their responsibility to educate their
1431	students as measured by how students are performing and how much
1432	they are learning?
1433	(b)  The K-20 education performance accountability system
1434	be established as a single, unified accountability system with
1435	multiple components, including, but not limited to, measures of
1436	adequate yearly progress, individual student learning gains in
1437	public schools, school grades, and return on investment.
1438	(c)  The K-20 education performance accountability system
1439	comply with the accountability requirements of the "No Child
1440	Left Behind Act of 2001," Pub. L. No. 107-110.
1441	(d)  The State Board of Education recommend to the
1442	Legislature systemwide performance standards; the Legislature
1443	establish systemwide performance measures and standards; and the
1444	systemwide measures and standards provide Floridians with
1445	information on what the public is receiving in return for the
1446	funds it invests in education and how well the K-20 system
1447	educates its students.
1448	(e)  The State Board of Education establish performance
1449	measures and set performance standards for individual components
1450	of the public education system, including individual schools and
1451	postsecondary educational institutions, with measures and
1452	standards based primarily on student achievement.
1453	(2)  PERFORMANCE-BASED FUNDING.--
1454	(a)  The State Board of Education shall cooperate with each
1455	delivery system to develop proposals for performance-based
1456	funding, using performance measures adopted pursuant to this
1457	section.
1458	(b)  The State Board of Education proposals must provide
1459	that at least 10 percent of the state funds appropriated for the
1460	K-20 education system are conditional upon meeting or exceeding
1461	established performance standards.
1462	(c)  The State Board of Education shall adopt guidelines
1463	required to implement performance-based funding that allow 1
1464	year to demonstrate achievement of specified performance
1465	standards prior to a reduction in appropriations pursuant to
1466	this section.
1467	(d)  By December 1, 2003, the State Board of Education
1468	shall adopt common definitions, measures, standards, and
1469	performance improvement targets required to:
1470	1.  Use the state core measures and the sector-specific
1471	measures to evaluate the progress of each sector of the
1472	educational delivery system toward meeting the systemwide goals
1473	for public education.
1474	2.  Notify the sectors of their progress in achieving the
1475	specified measures so that they may develop improvement plans
1476	that directly influence decisions about policy, program
1477	development, and management.
1478	3.  Implement the performance-based budgeting system
1479	described in this section.
1480	(e)  During the 2003-2004 fiscal year, the Department of
1481	Education shall collect data required to establish progress,
1482	rewards, and sanctions.
1483	(f)  By December 1, 2004, the Department of Education shall
1484	recommend to the Legislature a formula for performance-based
1485	funding that applies accountability standards for the individual
1486	components of the public education system at every level,
1487	kindergarten through graduate school. Effective for the 2004-
1488	2005 fiscal year and thereafter, subject to annual legislative
1489	approval in the General Appropriations Act, performance-based
1490	funds shall be allocated based on the progress, rewards, and
1491	sanctions established pursuant to this section.
1492	(2)(3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--
1493	(a)  The mission of Florida's K-20 education system shall
1494	be to increase the proficiency of all students within one
1495	seamless, efficient system, by allowing them the opportunity to
1496	expand their knowledge and skills through learning opportunities
1497	and research valued by students, parents, and communities.
1498	(b)  The process State Board of Education shall adopt
1499	guiding principles for establishing state and sector-specific
1500	standards and measures must be:
1501	1.  Focused on student success.
1502	2.  Addressable through policy and program changes.
1503	3.  Efficient and of high quality.
1504	4.  Measurable over time.
1505	5.  Simple to explain and display to the public.
1506	6.  Aligned with other measures and other sectors to
1507	support a coordinated K-20 education system.
1508	(c)  The Department State Board of Education shall maintain
1509	an accountability system that measures student progress toward
1510	the following goals:
1511	1.  Highest student achievement, as indicated by evidence
1512	of student learning gains at all levels measured by: student
1513	FCAT performance and annual learning gains; the number and
1514	percentage of schools that improve at least one school
1515	performance grade designation or maintain a school performance
1516	grade designation of "A" pursuant to s. 1008.34; graduation or
1517	completion rates at all learning levels; and other measures
1518	identified in law or rule.
1519	2.  Seamless articulation and maximum access, as measured
1520	by evidence of progression, readiness, and access by targeted
1521	groups of students identified by the Commissioner of Education:
1522	the percentage of students who demonstrate readiness for the
1523	educational level they are entering, from kindergarten through
1524	postsecondary education and into the workforce; the number and
1525	percentage of students needing remediation; the percentage of
1526	Floridians who complete associate, baccalaureate, graduate,
1527	professional, and postgraduate degrees; the number and
1528	percentage of credits that articulate; the extent to which each
1529	set of exit-point requirements matches the next set of entrance-
1530	point requirements; the degree to which underserved populations
1531	access educational opportunity; the extent to which access is
1532	provided through innovative educational delivery strategies; and
1533	other measures identified in law or rule.
1534	3.  Skilled workforce and economic development, as measured
1535	by evidence of employment and earnings: the number and
1536	percentage of graduates employed in their areas of preparation;
1537	the percentage of Floridians with high school diplomas and
1538	postsecondary education credentials; the percentage of business
1539	and community members who find that Florida's graduates possess
1540	the skills they need; national rankings; and other measures
1541	identified in law or rule.
1542	4.  Quality efficient services, as measured by evidence of
1543	return on investment: cost per completer or graduate; average
1544	cost per noncompleter at each educational level; cost disparity
1545	across institutions offering the same degrees; the percentage of
1546	education customers at each educational level who are satisfied
1547	with the education provided; and other measures identified in
1548	law or rule.
1549	5.  Other goals as identified by law or rule.
1550	(3)(4)  K-20 EDUCATION DATA QUALITY IMPROVEMENTS SYSTEMWIDE
1551	DATA COLLECTION.--To provide data required to implement
1552	education performance accountability measures in state and
1553	federal law, the Commissioner of Education shall initiate and
1554	maintain strategies to improve data quality and timeliness.
1555	(a)  School districts and public postsecondary educational
1556	institutions shall maintain information systems that will
1557	provide the State Board of Education, the Board of Governors,
1558	and the Legislature with information and reports necessary to
1559	address the specifications of the accountability system. The
1560	State Board of Education shall determine the standards for the
1561	required data. The level of comprehensiveness and quality shall
1562	be no less than that which was available as of June 30, 2001.
1563	(b)  The Commissioner of Education shall determine the
1564	standards for the required data, monitor data quality, and
1565	measure improvements. The commissioner shall report annually to
1566	the State Board of Education, the Board of Governors, the
1567	President of the Senate, and the Speaker of the House of
1568	Representatives data quality indicators and ratings for all
1569	school districts and public postsecondary educational
1570	institutions.
1571	(4)  REPORTING OR DATA COLLECTION.--The department shall
1572	coordinate with school districts in developing any reporting or
1573	data collection requirements to address the specifications of
1574	the accountability system. Before establishing any new reporting
1575	or data collection requirements, the department shall utilize
1576	any existing data being collected to reduce duplication and
1577	minimize paperwork.
1578	(5)  RULES.--The State Board of Education shall adopt rules
1579	pursuant to ss. 120.536(1) and 120.54 to implement the
1580	provisions of this section.
1581	Section 30.  Subsections (1), (2), and (4) of section
1582	1008.33, Florida Statutes, are amended to read:
1583	1008.33  Authority to enforce public school
1584	improvement.--It is the intent of the Legislature that all
1585	public schools be held accountable for students performing at
1586	acceptable levels. A system of school improvement and
1587	accountability that assesses student performance by school,
1588	identifies schools in which students are not making adequate
1589	progress toward state standards, institutes appropriate measures
1590	for enforcing improvement, and provides rewards and sanctions
1591	based on performance shall be the responsibility of the State
1592	Board of Education.
1593	(1)  Pursuant to Art. IX of the State Constitution
1594	prescribing the duty of the State Board of Education to
1595	supervise Florida's public school system and notwithstanding any
1596	other statutory provisions to the contrary, the State Board of
1597	Education shall intervene in the operation of a district school
1598	system when one or more schools in the school district have
1599	failed to make adequate progress for 2 school years in a 4-year
1600	period. For purposes of determining when a school is eligible
1601	for state board action and opportunity scholarships for its
1602	students, the terms "2 years in any 4-year period" and "2 years
1603	in a 4-year period" mean that in any year that a school has a
1604	grade of "F," the school is eligible for state board action and
1605	opportunity scholarships for its students if it also has had a
1606	grade of "F" in any of the previous 3 school years. The State
1607	Board of Education may determine that the school district or
1608	school has not taken steps sufficient for students in the school
1609	to be academically well served. Considering recommendations of
1610	the Commissioner of Education, the State Board of Education
1611	shall recommend action to a district school board intended to
1612	improve educational services to students in each school that is
1613	designated with a as performance grade of category "F."
1614	Recommendations for actions to be taken in the school district
1615	shall be made only after thorough consideration of the unique
1616	characteristics of a school, which shall include student
1617	mobility rates, the number and type of exceptional students
1618	enrolled in the school, and the availability of options for
1619	improved educational services. The state board shall adopt by
1620	rule steps to follow in this process. Such steps shall provide
1621	school districts sufficient time to improve student performance
1622	in schools and the opportunity to present evidence of assistance
1623	and interventions that the district school board has
1624	implemented.
1625	(2)  The State Board of Education may recommend one or more
1626	of the following actions to district school boards to enable
1627	students in schools designated with a as performance grade of
1628	category "F" to be academically well served by the public school
1629	system:
1630	(a)  Provide additional resources, change certain
1631	practices, and provide additional assistance if the state board
1632	determines the causes of inadequate progress to be related to
1633	school district policy or practice;
1634	(b)  Implement a plan that satisfactorily resolves the
1635	education equity problems in the school;
1636	(c)  Contract for the educational services of the school,
1637	or reorganize the school at the end of the school year under a
1638	new school principal who is authorized to hire new staff and
1639	implement a plan that addresses the causes of inadequate
1640	progress;
1641	(d)  Transfer high-quality teachers, faculty, and staff as
1642	needed to ensure adequate educational opportunities designed to
1643	improve the performance of students in a low-performing school;
1644	(e)(d)  Allow parents of students in the school to send
1645	their children to another district school of their choice; or
1646	(f)(e)  Other action appropriate to improve the school's
1647	performance.
1648	(4)  The State Board of Education may require the
1649	Department of Education or Chief Financial Officer to withhold
1650	any transfer of state funds to the school district if, within
1651	the timeframe specified in state board action, the school
1652	district has failed to comply with the action ordered to improve
1653	the district's low-performing schools. Withholding the transfer
1654	of funds shall occur only after all other recommended actions
1655	for school improvement have failed to improve performance. The
1656	State Board of Education may impose the same penalty on any
1657	district school board that fails to develop and implement a plan
1658	for assistance and intervention for low-performing schools as
1659	specified in s. 1001.42(16)(d)(c).
1660	Section 31.  Section 1008.34, Florida Statutes, is amended
1661	to read:
1662	1008.34  School grading system; school report cards;
1663	district performance grade.--
1664	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
1665	prepare annual reports of the results of the statewide
1666	assessment program which describe student achievement in the
1667	state, each district, and each school. The commissioner shall
1668	prescribe the design and content of these reports, which must
1669	include, without limitation, descriptions of the performance of
1670	all schools participating in the assessment program and all of
1671	their major student populations as determined by the
1672	Commissioner of Education, and must also include the median
1673	scores of all eligible students who scored at or in the lowest
1674	25th percentile of the state in the previous school year;
1675	provided, however, that the provisions of s. 1002.22 pertaining
1676	to student records apply to this section.
1677	(2)  SCHOOL GRADES PERFORMANCE GRADE CATEGORIES.--The
1678	annual report shall identify schools as having one of the
1679	following grades being in one of the following grade categories
1680	defined according to rules of the State Board of Education:
1681	(a)  "A," schools making excellent progress.
1682	(b)  "B," schools making above average progress.
1683	(c)  "C," schools making satisfactory progress.
1684	(d)  "D," schools making less than satisfactory progress.
1685	(e)  "F," schools failing to make adequate progress.
1686
1687	Each school designated with a in performance grade of category
1688	"A," making excellent progress, or having improved at least two
1689	performance grade levels categories, shall have greater
1690	authority over the allocation of the school's total budget
1691	generated from the FEFP, state categoricals, lottery funds,
1692	grants, and local funds, as specified in state board rule. The
1693	rule must provide that the increased budget authority shall
1694	remain in effect until the school's performance grade declines.
1695	(3)  DESIGNATION OF SCHOOL GRADES PERFORMANCE GRADE
1696	CATEGORIES.--All schools shall receive a school grade except
1697	those alternative schools that receive a school improvement
1698	rating pursuant to s. 1008.341. Alternative schools may choose
1699	to receive a school grade pursuant to the provisions of this
1700	section in lieu of a school improvement rating described in s.
1701	1008.341. School grades performance grade category designations
1702	itemized in subsection (2) shall be based on the following:
1703	(a)  Criteria Timeframes.--A school's grade shall be based
1704	on a combination of:
1705	1.  Student achievement scores School performance grade
1706	category designations shall be based on the school's current
1707	year performance and the school's annual learning gains.
1708	2.  A school's performance grade category designation shall
1709	be based on a combination of student achievement scores, Student
1710	learning gains as measured by annual FCAT assessments in grades
1711	3 through 10., and
1712	3.  Improvement of the lowest 25th percentile of students
1713	in the school in reading, math, or writing on the FCAT Reading,
1714	unless these students are exhibiting performing above
1715	satisfactory performance.
1716	(b)  Student assessment data.--Student assessment data used
1717	in determining school grades performance grade categories shall
1718	include:
1719	1.  The aggregate scores of all eligible students enrolled
1720	in the school who have been assessed on the FCAT.
1721	2.  The aggregate scores of all eligible students enrolled
1722	in the school who have been assessed on the FCAT, including
1723	Florida Writes, and who have scored at or in the lowest 25th
1724	percentile of students in the school in reading, math, or
1725	writing, unless these students are exhibiting performing above
1726	satisfactory performance.
1727	3.  The achievement scores and learning gains of eligible
1728	students attending alternative schools that provide dropout
1729	prevention and academic intervention services pursuant to s.
1730	1003.53. The term "eligible students" in this subparagraph does
1731	not include students attending an alternative school who are
1732	subject to district school board policies for expulsion for
1733	repeated or serious offenses, who are in dropout retrieval
1734	programs serving students who have officially been designated as
1735	dropouts, or who are in Department of Juvenile Justice operated
1736	and contracted programs. The student performance data for
1737	eligible students identified in this subparagraph shall be
1738	included in the calculation of the home school's grade. For
1739	purposes of this section and s. 1008.341, "home school" means
1740	the school the student was attending when assigned to an
1741	alternative school or the school to which the student would be
1742	assigned if the student left the alternative school. If an
1743	alternative school chooses to be graded pursuant to this
1744	section, student performance data for eligible students
1745	identified in this subparagraph shall not be included in the
1746	home school's grade but shall only be included in calculation of
1747	the alternative school's improvement rating. School districts
1748	must ensure collaboration between the home school and the
1749	alternative school to promote student success.
1750
1751	The Department of Education shall study the effects of mobility
1752	on the performance of highly mobile students and recommend
1753	programs to improve the performance of such students. The State
1754	Board of Education shall adopt appropriate criteria for each
1755	school performance grade category. The criteria must also give
1756	added weight to student achievement in reading. Schools
1757	designated with a as performance grade of category "C," making
1758	satisfactory progress, shall be required to demonstrate that
1759	adequate progress has been made by students in the school who
1760	are in the lowest 25th percentile in reading, math, or writing
1761	on the FCAT, including Florida Writes, unless these students are
1762	exhibiting performing above satisfactory performance.
1763	(4)  SCHOOL IMPROVEMENT RATINGS.--The annual report shall
1764	identify each school's performance as having improved, remained
1765	the same, or declined. This school improvement rating shall be
1766	based on a comparison of the current year's and previous year's
1767	student and school performance data. Schools that improve at
1768	least one performance grade category are eligible for school
1769	recognition awards pursuant to s. 1008.36.
1770	(5)  SCHOOL REPORT CARD PERFORMANCE GRADE CATEGORY AND
1771	IMPROVEMENT RATING REPORTS.--The Department of Education shall
1772	annually develop, in collaboration with the school districts, a
1773	school report card to be delivered to parents throughout each
1774	school district. The report card shall include the school's
1775	grade, information regarding school improvement, an explanation
1776	of school performance as evaluated by the federal No Child Left
1777	Behind Act of 2001, and indicators of return on investment.
1778	School performance grade category designations and improvement
1779	ratings shall apply to each school's performance for the year in
1780	which performance is measured. Each school's report card
1781	designation and rating shall be published annually by the
1782	department on its website, of Education and the school district
1783	shall provide the school report card to each parent. Parents
1784	shall be entitled to an easy-to-read report card about the
1785	designation and rating of the school in which their child is
1786	enrolled.
1787	(6)(7)  PERFORMANCE-BASED FUNDING.--The Legislature may
1788	factor in the performance of schools in calculating any
1789	performance-based funding policy that is provided for annually
1790	in the General Appropriations Act.
1791	(7)(8)  DISTRICT PERFORMANCE GRADE.--The annual report
1792	required by subsection (1) shall include district performance
1793	grades, which shall consist of weighted district average grades,
1794	by level, for all elementary schools, middle schools, and high
1795	schools in the district. A district's weighted average grade
1796	shall be calculated by weighting individual school grades
1797	determined pursuant to subsection (2) by school enrollment.
1798	(8)(6)  RULES.--The State Board of Education shall adopt
1799	rules pursuant to ss. 120.536(1) and 120.54 to implement the
1800	provisions of this section.
1801	Section 32.  Section 1008.341, Florida Statutes, is created
1802	to read:
1803	1008.341  School improvement rating for alternative
1804	schools.--
1805	(1)  ANNUAL REPORTS.--The Commissioner of Education shall
1806	prepare an annual report on the performance of each school
1807	receiving a school improvement rating pursuant to this section
1808	provided that the provisions of s. 1002.22 pertaining to student
1809	records shall apply.
1810	(2)  SCHOOL IMPROVEMENT RATING.--Alternative schools that
1811	provide dropout prevention and academic intervention services
1812	pursuant to s. 1003.53 shall receive a school improvement rating
1813	pursuant to this section. The school improvement rating shall
1814	identify schools as having one of the following ratings defined
1815	according to rules of the State Board of Education:
1816	(a)  "Improving," schools with students making more
1817	academic progress than when the students were served in their
1818	home schools.
1819	(b)  "Maintaining," schools with students making progress
1820	equivalent to the progress made when the students were served in
1821	their home schools.
1822	(c)  "Declining," schools with students making less
1823	academic progress than when the students were served in their
1824	home schools.
1825
1826	The school improvement rating shall be based on a comparison of
1827	each student's current year and previous year performance.
1828	Schools that improve at least one level or maintain an
1829	"improving" rating pursuant to this section are eligible for
1830	school recognition awards pursuant to s. 1008.36.
1831	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student
1832	assessment data used in determining an alternative school's
1833	school improvement rating shall include:
1834	(a)  The aggregate scores of all eligible students who were
1835	assigned to and enrolled in the school during the October or
1836	February FTE count, who have been assessed on the FCAT, and who
1837	have FCAT or comparable scores for the preceding school year.
1838	(b)  The aggregate scores of all eligible students who were
1839	assigned to and enrolled in the school during the October or
1840	February FTE count, who have been assessed on the FCAT,
1841	including Florida Writes, and who have scored in the lowest 25th
1842	percentile of students in the state on FCAT Reading.
1843
1844	The scores of students who are subject to district school board
1845	policies for expulsion for repeated or serious offenses, who are
1846	in dropout retrieval programs serving students who have
1847	officially been designated as dropouts, or who are in Department
1848	of Juvenile Justice operated and contracted programs shall not
1849	be included in an alternative school's school improvement
1850	rating.
1851	(4)  IDENTIFICATION OF STUDENT LEARNING GAINS.--For each
1852	alternative school receiving a school improvement rating, the
1853	Department of Education shall annually identify the percentage
1854	of students making learning gains as compared to the percentage
1855	of the same students making learning gains in their home schools
1856	in the year prior to being assigned to the alternative school.
1857	(5)  SCHOOL REPORT CARD.--The Department of Education shall
1858	annually develop, in collaboration with the school districts, a
1859	school report card for alternative schools to be delivered to
1860	parents throughout each school district. The report card shall
1861	include the school improvement rating, identification of student
1862	learning gains, information regarding school improvement, an
1863	explanation of school performance as evaluated by the federal No
1864	Child Left Behind Act of 2001, and indicators of return on
1865	investment.
1866	(6)  RULES.--The State Board of Education shall adopt rules
1867	pursuant to ss. 120.536(1) and 120.54 to implement the
1868	provisions of this section.
1869	Section 33.  Subsection (5), paragraphs (b) and (d) of
1870	subsection (6), and subsection (7) of section 1008.345, Florida
1871	Statutes, are amended to read:
1872	1008.345  Implementation of state system of school
1873	improvement and education accountability.--
1874	(5)  The commissioner shall report to the Legislature and
1875	recommend changes in state policy necessary to foster school
1876	improvement and education accountability. Included in the report
1877	shall be a list of the schools, including schools operating for
1878	the purpose of providing educational services to youth in
1879	Department of Juvenile Justice programs, for which district
1880	school boards have developed assistance and intervention plans
1881	and an analysis of the various strategies used by the school
1882	boards. School reports shall be distributed pursuant to this
1883	subsection and s. 1001.42(16)(f)(e) and according to rules
1884	adopted by the State Board of Education.
1885	(6)
1886	(b)  Upon request, the department shall provide technical
1887	assistance and training to any school, including any school
1888	operating for the purpose of providing educational services to
1889	youth in Department of Juvenile Justice programs, school
1890	advisory council, district, or district school board for
1891	conducting needs assessments, developing and implementing school
1892	improvement plans, developing and implementing assistance and
1893	intervention plans, or implementing other components of school
1894	improvement and accountability. Priority for these services
1895	shall be given to schools designated with a as performance grade
1896	of category "D" or "F" and school districts in rural and
1897	sparsely populated areas of the state.
1898	(d)  The department shall assign a community assessment
1899	team to each school district with a school designated with a as
1900	performance grade of category "D" or "F" to review the school
1901	performance data and determine causes for the low performance.
1902	The team shall make recommendations to the school board, to the
1903	department, and to the State Board of Education for implementing
1904	an assistance and intervention plan that will address the causes
1905	of the school's low performance. The assessment team shall
1906	include, but not be limited to, a department representative,
1907	parents, business representatives, educators, and community
1908	activists, and shall represent the demographics of the community
1909	from which they are appointed.
1910	(7)(a)  Schools designated with a in performance grade of
1911	category "A," making excellent progress, shall, if requested by
1912	the school, be given deregulated status as specified in s.
1913	1003.63(5), (7), (8), (9), and (10).
1914	(b)  Schools that have improved at least two grades
1915	performance grade categories and that meet the criteria of the
1916	Florida School Recognition Program pursuant to s. 1008.36 may be
1917	given deregulated status as specified in s. 1003.63(5), (7),
1918	(8), (9), and (10).
1919	Section 34.  Subsections (3), (4), and (5) of section
1920	1008.36, Florida Statutes, are amended to read:
1921	1008.36  Florida School Recognition Program.--
1922	(3)  All public schools, including charter schools, that
1923	receive a school grade pursuant to s. 1008.34 or a school
1924	improvement rating pursuant to s. 1008.341 are eligible to
1925	participate in the program. For the purpose of this section, a
1926	school or schools serving any combination of kindergarten
1927	through grade 3 students that do not receive a school grade
1928	under s. 1008.34 shall be assigned the school grade of the
1929	feeder pattern school designated by the Department of Education
1930	and verified by the school district and shall be eligible to
1931	participate in the program based on that feeder. A "feeder
1932	school pattern" is defined as a pattern in which at least 60
1933	percent of the students in the school not receiving a school
1934	grade are assigned to the graded school.
1935	(4)  All selected schools shall receive financial awards
1936	depending on the availability of funds appropriated and the
1937	number and size of schools selected to receive an award. Funds
1938	must be distributed to the school's fiscal agent and placed in
1939	the school's account and must be used for purposes listed in
1940	subsection (5) as determined by the school advisory council
1941	pursuant to s. 1001.452 in the annual school improvement plan
1942	required pursuant to s. 1001.42(16)(a). If such a determination
1943	is not included in the school improvement plan, the school shall
1944	not be eligible to receive a financial award jointly by the
1945	school's staff and school advisory council. If school staff and
1946	the school advisory council cannot reach agreement by November
1947	1, the awards must be equally distributed to all classroom
1948	teachers currently teaching in the school.
1949	(5)  School recognition awards must be used for the
1950	following:
1951	(a)  Nonrecurring bonuses to the faculty and staff who
1952	taught at the school during the year of improved performance;
1953	(b)  Nonrecurring expenditures for educational equipment,
1954	or materials, or student incentives to assist in maintaining and
1955	improving student performance; or
1956	(c)  Temporary personnel for the school to assist in
1957	maintaining and improving student performance.
1958
1959	Notwithstanding statutory provisions to the contrary, incentive
1960	awards are not subject to collective bargaining.
1961	Section 35.  Paragraph (h) of subsection (1) of section
1962	1008.45, Florida Statutes, is amended to read:
1963	1008.45  Community college accountability process.--
1964	(1)  It is the intent of the Legislature that a management
1965	and accountability process be implemented which provides for the
1966	systematic, ongoing improvement and assessment of the
1967	improvement of the quality and efficiency of the Florida
1968	community colleges. Accordingly, the State Board of Education
1969	and the community college boards of trustees shall develop and
1970	implement an accountability plan to improve and evaluate the
1971	instructional and administrative efficiency and effectiveness of
1972	the Florida Community College System. This plan shall be
1973	designed in consultation with staff of the Governor and the
1974	Legislature and must address the following issues:
1975	(h)  Other measures as identified by the Council for
1976	Education Policy Research and Improvement and approved by the
1977	State Board of Education.
1978	Section 36.  Section 1008.51, Florida Statutes, is
1979	repealed.
1980	Section 37.  Paragraphs (f), ((h), (l), (m), and (n) of
1981	subsection (1) and paragraphs (a) and (b) of subsection (4) of
1982	section 1011.62, Florida Statutes, are amended, subsections (8)
1983	and (9) are renumbered as subsections (9) and (10),
1984	respectively, and amended, and a new subsection (8) is added to
1985	said section, to read:
1986	1011.62  Funds for operation of schools.--If the annual
1987	allocation from the Florida Education Finance Program to each
1988	district for operation of schools is not determined in the
1989	annual appropriations act or the substantive bill implementing
1990	the annual appropriations act, it shall be determined as
1991	follows:
1992	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1993	OPERATION.--The following procedure shall be followed in
1994	determining the annual allocation to each district for
1995	operation:
1996	(f)  Supplemental academic instruction; categorical fund.--
1997	1.  There is created a categorical fund to provide
1998	supplemental academic instruction to students in kindergarten
1999	through grade 12. This paragraph may be cited as the
2000	"Supplemental Academic Instruction Categorical Fund."
2001	2.  Categorical funds for supplemental academic instruction
2002	shall be allocated annually to each school district in the
2003	amount provided in the General Appropriations Act. These funds
2004	shall be in addition to the funds appropriated on the basis of
2005	FTE student membership in the Florida Education Finance Program
2006	and shall be included in the total potential funds of each
2007	district. These funds shall be used to provide supplemental
2008	academic instruction to students enrolled in the K-12 program.
2009	Supplemental instruction strategies may include, but are not
2010	limited to: modified curriculum, reading instruction, after-
2011	school instruction, tutoring, mentoring, class size reduction,
2012	extended school year, intensive skills development in summer
2013	school, and other methods for improving student achievement.
2014	Supplemental instruction may be provided to a student in any
2015	manner and at any time during or beyond the regular 180-day term
2016	identified by the school as being the most effective and
2017	efficient way to best help that student progress from grade to
2018	grade and to graduate.
2019	3.  Effective with the 1999-2000 fiscal year, funding on
2020	the basis of FTE membership beyond the 180-day regular term
2021	shall be provided in the FEFP only for students enrolled in
2022	juvenile justice education programs or in an education program
2023	for juveniles under s. 985.223. Funding for instruction beyond
2024	the regular 180-day school year for all other K-12 students
2025	shall be provided through the supplemental academic instruction
2026	categorical fund and other state, federal, and local fund
2027	sources with ample flexibility for schools to provide
2028	supplemental instruction to assist students in progressing from
2029	grade to grade and graduating.
2030	4.  The Florida State University School, as a lab school,
2031	is authorized to expend from its FEFP or Lottery Enhancement
2032	Trust Fund allocation the cost to the student of remediation in
2033	reading, writing, or mathematics for any graduate who requires
2034	remediation at a postsecondary educational institution.
2035	5.  Beginning in the 1999-2000 school year, dropout
2036	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
2037	(b), and (c), and 1003.54 shall be included in group 1 programs
2038	under subparagraph (d)3.
2039	(h)  Small, isolated high schools.--Districts which levy
2040	the maximum nonvoted discretionary millage, exclusive of millage
2041	for capital outlay purposes levied pursuant to s. 1011.71(2),
2042	may calculate full-time equivalent students for small, isolated
2043	high schools by multiplying the number of unweighted full-time
2044	equivalent students times 2.75; provided the school has attained
2045	a state accountability performance grade category of "C" or
2046	better, pursuant to s. 1008.34, for the previous school year.
2047	For the purpose of this section, the term "small, isolated high
2048	school" means any high school which is located no less than 28
2049	miles by the shortest route from another high school; which has
2050	been serving students primarily in basic studies provided by
2051	sub-subparagraphs (c)1.b. and c. and may include subparagraph
2052	(c)4.; and which has a membership of no more than 100 students,
2053	but no fewer than 28 students, in grades 9 through 12.
2054	(l)  Calculation of additional full-time equivalent
2055	membership based on international baccalaureate examination
2056	scores of students.--A value of 0.24 full-time equivalent
2057	student membership shall be calculated for each student enrolled
2058	in an international baccalaureate course who receives a score of
2059	4 or higher on a subject examination. A value of 0.3 full-time
2060	equivalent student membership shall be calculated for each
2061	student who receives an international baccalaureate diploma.
2062	Such value shall be added to the total full-time equivalent
2063	student membership in basic programs for grades 9 through 12 in
2064	the subsequent fiscal year. The school district shall distribute
2065	to each classroom teacher who provided international
2066	baccalaureate instruction:
2067	1.  A bonus in the amount of $50 for each student taught by
2068	the International Baccalaureate teacher in each international
2069	baccalaureate course who receives a score of 4 or higher on the
2070	international baccalaureate examination.
2071	2.  An additional bonus of $500 to each International
2072	Baccalaureate teacher in a school designated with a performance
2073	grade of category "D" or "F" who has at least one student
2074	scoring 4 or higher on the international baccalaureate
2075	examination, regardless of the number of classes taught or of
2076	the number of students scoring a 4 or higher on the
2077	international baccalaureate examination.
2078
2079	Bonuses awarded to a teacher according to this paragraph shall
2080	not exceed $2,000 in any given school year and shall be in
2081	addition to any regular wage or other bonus the teacher received
2082	or is scheduled to receive.
2083	(m)  Calculation of additional full-time equivalent
2084	membership based on Advanced International Certificate of
2085	Education examination scores of students.--A value of 0.24 full-
2086	full-time equivalent student membership shall be calculated for
2087	each student enrolled in a full-credit Advanced International
2088	Certificate of Education course who receives a score of 2 or
2089	higher on a subject examination. A value of 0.12 full-time
2090	equivalent student membership shall be calculated for each
2091	student enrolled in a half-credit Advanced International
2092	Certificate of Education course who receives a score of 1 or
2093	higher on a subject examination. A value of 0.3 full-time
2094	equivalent student membership shall be calculated for each
2095	student who received an Advanced International Certificate of
2096	Education diploma. Such value shall be added to the total full-
2097	time equivalent student membership in basic programs for grades
2098	9 through 12 in the subsequent fiscal year. The school district
2099	shall distribute to each classroom teacher who provided Advanced
2100	International Certificate of Education instruction:
2101	1.  A bonus in the amount of $50 for each student taught by
2102	the Advanced International Certificate of Education teacher in
2103	each full-credit Advanced International Certificate of Education
2104	course who receives a score of 2 or higher on the Advanced
2105	International Certificate of Education examination. A bonus in
2106	the amount of $25 for each student taught by the Advanced
2107	International Certificate of Education teacher in each half-
2108	credit Advanced International Certificate of Education course
2109	who receives a score of 1 or higher on the Advanced
2110	International Certificate of Education examination.
2111	2.  An additional bonus of $500 to each Advanced
2112	International Certificate of Education teacher in a school
2113	designated with a performance grade of category "D" or "F" who
2114	has at least one student scoring 2 or higher on the full-credit
2115	Advanced International Certificate of Education examination,
2116	regardless of the number of classes taught or of the number of
2117	students scoring a 2 or higher on the full-credit Advanced
2118	International Certificate of Education examination.
2119	3.  Additional bonuses of $250 each to teachers of half-
2120	credit Advanced International Certificate of Education classes
2121	in a school designated with a performance grade of category "D"
2122	or "F" which has at least one student scoring a 1 or higher on
2123	the half-credit Advanced International Certificate of Education
2124	examination in that class. The maximum additional bonus for a
2125	teacher awarded in accordance with this subparagraph shall not
2126	exceed $500 in any given school year. Teachers receiving an
2127	award under subparagraph 2. are not eligible for a bonus under
2128	this subparagraph.
2129
2130	Bonuses awarded to a teacher according to this paragraph shall
2131	not exceed $2,000 in any given school year and shall be in
2132	addition to any regular wage or other bonus the teacher received
2133	or is scheduled to receive.
2134	(n)  Calculation of additional full-time equivalent
2135	membership based on college board advanced placement scores of
2136	students.--A value of 0.24 full-time equivalent student
2137	membership shall be calculated for each student in each advanced
2138	placement course who receives a score of 3 or higher on the
2139	College Board Advanced Placement Examination for the prior year
2140	and added to the total full-time equivalent student membership
2141	in basic programs for grades 9 through 12 in the subsequent
2142	fiscal year. Each district must allocate at least 80 percent of
2143	the funds provided to the district for advanced placement
2144	instruction, in accordance with this paragraph, to the high
2145	school that generates the funds. The school district shall
2146	distribute to each classroom teacher who provided advanced
2147	placement instruction:
2148	1.  A bonus in the amount of $50 for each student taught by
2149	the Advanced Placement teacher in each advanced placement course
2150	who receives a score of 3 or higher on the College Board
2151	Advanced Placement Examination.
2152	2.  An additional bonus of $500 to each Advanced Placement
2153	teacher in a school designated with a performance grade of
2154	category "D" or "F" who has at least one student scoring 3 or
2155	higher on the College Board Advanced Placement Examination,
2156	regardless of the number of classes taught or of the number of
2157	students scoring a 3 or higher on the College Board Advanced
2158	Placement Examination.
2159
2160	Bonuses awarded to a teacher according to this paragraph shall
2161	not exceed $2,000 in any given school year and shall be in
2162	addition to any regular wage or other bonus the teacher received
2163	or is scheduled to receive.
2164	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
2165	Legislature shall prescribe the aggregate required local effort
2166	for all school districts collectively as an item in the General
2167	Appropriations Act for each fiscal year. The amount that each
2168	district shall provide annually toward the cost of the Florida
2169	Education Finance Program for kindergarten through grade 12
2170	programs shall be calculated as follows:
2171	(a)  Estimated taxable value calculations.--
2172	1.a.  Not later than 2 working days prior to July 19, the
2173	Department of Revenue shall certify to the Commissioner of
2174	Education its most recent estimate of the taxable value for
2175	school purposes in each school district and the total for all
2176	school districts in the state for the current calendar year
2177	based on the latest available data obtained from the local
2178	property appraisers. Not later than July 19, the Commissioner of
2179	Education shall compute a millage rate, rounded to the next
2180	highest one one-thousandth of a mill, which, when applied to 95
2181	percent of the estimated state total taxable value for school
2182	purposes, would generate the prescribed aggregate required local
2183	effort for that year for all districts. The Commissioner of
2184	Education shall certify to each district school board the
2185	millage rate, computed as prescribed in this subparagraph, as
2186	the minimum millage rate necessary to provide the district
2187	required local effort for that year.
2188	b.  The General Appropriations Act shall direct the
2189	computation of the statewide adjusted aggregate amount for
2190	required local effort for all school districts collectively from
2191	ad valorem taxes to ensure that no school district's revenue
2192	from required local effort millage will produce more than 90
2193	percent of the district's total Florida Education Finance
2194	Program calculation, and the adjustment of the required local
2195	effort millage rate of each district that produces more than 90
2196	percent of its total Florida Education Finance Program
2197	entitlement to a level that will produce only 90 percent of its
2198	total Florida Education Finance Program entitlement in the July
2199	calculation.
2200	2.  As revised data are received from property appraisers,
2201	the Department of Revenue shall amend the certification of the
2202	estimate of the taxable value for school purposes. The
2203	Commissioner of Education, in administering the provisions of
2204	subparagraph (10)(9)(a)2., shall use the most recent taxable
2205	value for the appropriate year.
2206	(b)  Final calculation.--
2207	1.  The Department of Revenue shall, upon receipt of the
2208	official final assessed value of property from each of the
2209	property appraisers, certify to the Commissioner of Education
2210	the taxable value total for school purposes in each school
2211	district, subject to the provisions of paragraph (d). The
2212	commissioner shall use the official final taxable value for
2213	school purposes for each school district in the final
2214	calculation of the annual Florida Education Finance Program
2215	allocations.
2216	2.  For the purposes of this paragraph, the official final
2217	taxable value for school purposes shall be the taxable value for
2218	school purposes on which the tax bills are computed and mailed
2219	to the taxpayers, adjusted to reflect final administrative
2220	actions of value adjustment boards and judicial decisions
2221	pursuant to part I of chapter 194. By September 1 of each year,
2222	the Department of Revenue shall certify to the commissioner the
2223	official prior year final taxable value for school purposes. For
2224	each county that has not submitted a revised tax roll reflecting
2225	final value adjustment board actions and final judicial
2226	decisions, the Department of Revenue shall certify the most
2227	recent revision of the official taxable value for school
2228	purposes. The certified value shall be the final taxable value
2229	for school purposes, and no further adjustments shall be made,
2230	except those made pursuant to subparagraph (10)(9)(a)2.
2231	(8)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.--
2232	(a)  The research-based reading instruction allocation is
2233	created to provide comprehensive reading instruction to students
2234	in kindergarten through grade 12.
2235	(b)  Funds for comprehensive, research-based reading
2236	instruction shall be allocated annually to each school district
2237	in the amount provided in the General Appropriations Act. Each
2238	eligible school district shall receive the same minimum amount
2239	as specified in the General Appropriations Act, and any
2240	remaining funds shall be distributed to eligible school
2241	districts based on each school district's proportionate share of
2242	K-12 base funding.
2243	(c)  Funds must be used to provide a system of
2244	comprehensive reading instruction to students enrolled in the K-
2245	12 programs, which may include the following:
2246	1.  The provision of highly qualified reading coaches.
2247	2.  Professional development for school district teachers
2248	in scientifically based reading instruction.
2249	3.  The provision of summer reading camps for students who
2250	score at Level 1 on FCAT Reading.
2251	4.  The provision of supplemental instructional materials
2252	that are grounded in scientifically based reading research, and
2253	comprehensive training in their use, for which teachers shall
2254	receive inservice credit. Each school district, in partnership
2255	with the publisher of the material, shall provide the training
2256	and the school district shall certify that the teacher has
2257	achieved mastery in using the material correctly. Data on this
2258	training shall be collected by the Department of Education.
2259	5.  The provision of intensive interventions for middle and
2260	high school students reading below grade level.
2261	(d)  Annually, by a date determined by the Department of
2262	Education but before May 1, school districts shall submit a plan
2263	for the specific use of the research-based reading instruction
2264	allocation in the format prescribed by the department for review
2265	and approval by the Just Read, Florida! Office created pursuant
2266	to s. 1001.215. The plan annually submitted by school districts
2267	shall be deemed approved unless the department rejects the plan
2268	on or before June 1. If a school district and the Just Read,
2269	Florida! Office cannot reach agreement on the contents of the
2270	plan, the school district may appeal to the State Board of
2271	Education. The plan format shall be developed with input from
2272	school district personnel, including teachers and principals,
2273	and shall allow courses in core, career, and alternative
2274	programs that deliver intensive reading remediation through
2275	integrated curricula. No later than July 1 annually, the
2276	department shall release the school district's allocation of
2277	appropriated funds to those districts with approved plans. A
2278	school district that spends 100 percent of this allocation on
2279	its approved plan shall be deemed to have been in compliance
2280	with the plan. The department may withhold funds upon a
2281	determination that reading instruction allocation funds are not
2282	being used to implement the approved plan.
2283	(9)(8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
2284	annually in the General Appropriations Act determine a
2285	percentage increase in funds per K-12 unweighted FTE as a
2286	minimum guarantee to each school district. The guarantee shall
2287	be calculated from prior year base funding per unweighted FTE
2288	student which shall include the adjusted FTE dollars as provided
2289	in subsection (10)(9), quality guarantee funds, and actual
2290	nonvoted discretionary local effort from taxes. From the base
2291	funding per unweighted FTE, the increase shall be calculated for
2292	the current year. The current year funds from which the
2293	guarantee shall be determined shall include the adjusted FTE
2294	dollars as provided in subsection (10)(9) and potential nonvoted
2295	discretionary local effort from taxes. A comparison of current
2296	year funds per unweighted FTE to prior year funds per unweighted
2297	FTE shall be computed. For those school districts which have
2298	less than the legislatively assigned percentage increase, funds
2299	shall be provided to guarantee the assigned percentage increase
2300	in funds per unweighted FTE student. Should appropriated funds
2301	be less than the sum of this calculated amount for all
2302	districts, the commissioner shall prorate each district's
2303	allocation. This provision shall be implemented to the extent
2304	specifically funded.
2305	(10)(9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
2306	FOR CURRENT OPERATION.--The total annual state allocation to
2307	each district for current operation for the FEFP shall be
2308	distributed periodically in the manner prescribed in the General
2309	Appropriations Act.
2310	(a)  The basic amount for current operation for the FEFP as
2311	determined in subsection (1), multiplied by the district cost
2312	differential factor as determined in subsection (2), plus the
2313	amounts provided for categorical components within the FEFP,
2314	plus the amount for the sparsity supplement as determined in
2315	subsection (6), the decline in full-time equivalent students as
2316	determined in subsection (7), the research-based reading
2317	instruction allocation as determined in subsection (8), and the
2318	quality assurance guarantee as determined in subsection (9)(8),
2319	less the required local effort as determined in subsection (4).
2320	If the funds appropriated for the purpose of funding the total
2321	amount for current operation as provided in this paragraph are
2322	not sufficient to pay the state requirement in full, the
2323	department shall prorate the available state funds to each
2324	district in the following manner:
2325	1.  Determine the percentage of proration by dividing the
2326	sum of the total amount for current operation, as provided in
2327	this paragraph for all districts collectively, and the total
2328	district required local effort into the sum of the state funds
2329	available for current operation and the total district required
2330	local effort.
2331	2.  Multiply the percentage so determined by the sum of the
2332	total amount for current operation as provided in this paragraph
2333	and the required local effort for each individual district.
2334	3.  From the product of such multiplication, subtract the
2335	required local effort of each district; and the remainder shall
2336	be the amount of state funds allocated to the district for
2337	current operation.
2338	(b)  The amount thus obtained shall be the net annual
2339	allocation to each school district. However, if it is determined
2340	that any school district received an underallocation or
2341	overallocation for any prior year because of an arithmetical
2342	error, assessment roll change, full-time equivalent student
2343	membership error, or any allocation error revealed in an audit
2344	report, the allocation to that district shall be appropriately
2345	adjusted. Beginning with audits for the 2001-2002 fiscal year,
2346	if the adjustment is the result of an audit finding in which
2347	group 2 FTE are reclassified to the basic program and the
2348	district weighted FTE are over the weighted enrollment ceiling
2349	for group 2 programs, the adjustment shall not result in a gain
2350	of state funds to the district. If the Department of Education
2351	audit adjustment recommendation is based upon controverted
2352	findings of fact, the Commissioner of Education is authorized to
2353	establish the amount of the adjustment based on the best
2354	interests of the state.
2355	(c)  The amount thus obtained shall represent the net
2356	annual state allocation to each district; however,
2357	notwithstanding any of the provisions herein, each district
2358	shall be guaranteed a minimum level of funding in the amount and
2359	manner prescribed in the General Appropriations Act.
2360	Section 38.  Paragraph (a) of subsection (2) of section
2361	1011.64, Florida Statutes, is amended to read:
2362	1011.64  School district minimum classroom expenditure
2363	requirements.--
2364	(2)  For the purpose of implementing the provisions of this
2365	section, the Legislature shall prescribe minimum academic
2366	performance standards and minimum classroom expenditure
2367	requirements for districts not meeting such minimum academic
2368	performance standards in the General Appropriations Act.
2369	(a)  Minimum academic performance standards may be based
2370	on, but are not limited to, district performance grades
2371	determined pursuant to s. 1008.34(7)(8).
2372	Section 39.  Paragraph (b) of subsection (2) of section
2373	1011.685, Florida Statutes, is amended to read:
2374	1011.685  Class size reduction; operating categorical
2375	fund.--
2376	(2)  Class size reduction operating categorical funds shall
2377	be used by school districts for the following:
2378	(b)  For any lawful operating expenditure, if the district
2379	has met the constitutional maximums identified in s. 1003.03(1)
2380	or the reduction of two students per year required by s.
2381	1003.03(2); however, priority shall be given to increase
2382	salaries of classroom teachers as defined in s. 1012.01(2)(a)
2383	and to implement the differentiated-pay provisions detailed in
2384	s. 1012.2312 salary career ladder defined in s. 1012.231.
2385	Section 40.  Subsection (1) of section 1011.71, Florida
2386	Statutes, is amended, and subsection (7) is added to said
2387	section, to read:
2388	1011.71  District school tax.--
2389	(1)  If the district school tax is not provided in the
2390	General Appropriations Act or the substantive bill implementing
2391	the General Appropriations Act, each district school board
2392	desiring to participate in the state allocation of funds for
2393	current operation as prescribed by s. 1011.62(10)(9) shall levy
2394	on the taxable value for school purposes of the district,
2395	exclusive of millage voted under the provisions of s. 9(b) or s.
2396	12, Art. VII of the State Constitution, a millage rate not to
2397	exceed the amount certified by the commissioner as the minimum
2398	millage rate necessary to provide the district required local
2399	effort for the current year, pursuant to s. 1011.62(4)(a)1. In
2400	addition to the required local effort millage levy, each
2401	district school board may levy a nonvoted current operating
2402	discretionary millage. The Legislature shall prescribe annually
2403	in the appropriations act the maximum amount of millage a
2404	district may levy. The millage rate prescribed shall exceed zero
2405	mills but shall not exceed the lesser of 1.6 mills or 25 percent
2406	of the millage which is required pursuant to s. 1011.62(4),
2407	exclusive of millage levied pursuant to subsection (2).
2408	(7)  Notwithstanding subsections (2) and (5), a district
2409	school board may expend funds generated under this section to
2410	purchase the property and casualty insurance associated with the
2411	educational plant of the district. Any operating revenues made
2412	available through this section shall be expended only for
2413	nonrecurring operational expenditures of the school district.
2414	Section 41.  Subsection (6) is added to section 1012.21,
2415	Florida Statutes, to read:
2416	1012.21  Department of Education duties; K-12 personnel.--
2417	(6)  REPORTING.--The Department of Education shall annually
2418	post online the collective bargaining contracts of each school
2419	district received pursuant to s. 1012.22. The department shall
2420	prescribe the computer format for district school boards to
2421	provide the information.
2422	Section 42.  Paragraph (c) of subsection (1) of section
2423	1012.22, Florida Statutes, is amended, and subsection (3) is
2424	added to said section, to read:
2425	1012.22  Public school personnel; powers and duties of the
2426	district school board.--The district school board shall:
2427	(1)  Designate positions to be filled, prescribe
2428	qualifications for those positions, and provide for the
2429	appointment, compensation, promotion, suspension, and dismissal
2430	of employees as follows, subject to the requirements of this
2431	chapter:
2432	(c)  Compensation and salary schedules.--
2433	1.  The district school board shall adopt a salary schedule
2434	or salary schedules designed to furnish incentives for
2435	improvement in training and for continued efficient service to
2436	be used as a basis for paying all school employees and fix and
2437	authorize the compensation of school employees on the basis
2438	thereof.
2439	2.  A district school board, in determining the salary
2440	schedule for instructional personnel, must base a portion of
2441	each employee's compensation on performance demonstrated under
2442	s. 1012.34, must consider the prior teaching experience of a
2443	person who has been designated state teacher of the year by any
2444	state in the United States, and must consider prior professional
2445	experience in the field of education gained in positions in
2446	addition to district level instructional and administrative
2447	positions.
2448	3.  In developing the salary schedule, the district school
2449	board shall seek input from parents, teachers, and
2450	representatives of the business community.
2451	4.  Beginning with the 2002-2003 fiscal year, each district
2452	school board must adopt a performance-pay policy for school
2453	administrators and instructional personnel. The district's
2454	performance-pay policy is subject to negotiation as provided in
2455	chapter 447; however, the adopted salary schedule must allow
2456	school administrators and instructional personnel who
2457	demonstrate outstanding performance, as measured under s.
2458	1012.34, to earn a 5-percent supplement in addition to their
2459	individual, negotiated salary. The supplements shall be funded
2460	from the performance-pay reserve funds adopted in the salary
2461	schedule. Beginning with the 2004-2005 academic year, the
2462	district's 5-percent performance-pay policy must provide for the
2463	evaluation of classroom teachers within each level of the salary
2464	career ladder provided in s. 1012.231. The Commissioner of
2465	Education shall determine whether the district school board's
2466	adopted salary schedule complies with the requirement for
2467	performance-based pay. If the district school board fails to
2468	comply with this section, the commissioner shall withhold
2469	disbursements from the Educational Enhancement Trust Fund to the
2470	district until compliance is verified.
2471	(3)  Annually provide to the Department of Education the
2472	negotiated collective bargaining contract for the school
2473	district. The district school board shall report in the computer
2474	format prescribed by the department pursuant to s. 1012.21.
2475	Section 43.  Section 1012.231, Florida Statutes, is
2476	repealed.
2477	Section 44.  Section 1012.2312, Florida Statutes, is
2478	created to read:
2479	1012.2312  Differentiated pay for instructional
2480	personnel.--
2481	(1)  Beginning with the 2005-2006 fiscal year, each
2482	district school board shall have a differentiated-pay policy for
2483	instructional personnel and incorporate it into the school
2484	district's salary schedule.
2485	(2)  The differentiated-pay policy may be subject to
2486	negotiation as provided in chapter 447; however, the adopted
2487	salary schedule must allow instructional personnel to receive
2488	differentiated pay based upon school district determined
2489	factors, including, but not limited to, each of the following:
2490	(a)  The subject areas taught, with classroom teachers who
2491	teach in critical shortage areas receiving higher pay.
2492	(b)  The economic demographics of the school, with
2493	instructional personnel in schools that have a majority of
2494	students who qualify for free or reduced-price lunches receiving
2495	higher pay.
2496	(c)  Additional responsibilities of instructional
2497	personnel, including, but not limited to, lead and mentoring
2498	responsibilities.
2499	(d)  A performance-pay policy that rewards high-performing
2500	instructional personnel with at least a 5-percent performance-
2501	pay incentive.
2502
2503	The differentiated pay provided in the salary schedule for each
2504	of the factors specified in paragraphs (a)-(d) shall provide an
2505	incentive and not be nominal.
2506	(3)  The Commissioner of Education shall determine whether
2507	the district school board's adopted salary schedule complies
2508	with the requirements in subsection (2). If the salary schedule
2509	does not comply, the commissioner shall report the noncompliance
2510	and make recommendations regarding the noncompliance to the
2511	State Board of Education, the President of the Senate, and the
2512	Speaker of the House of Representatives.
2513	Section 45.  Section 1012.2313, Florida Statutes, is
2514	created to read:
2515	1012.2313  Differentiated pay for school administrators.--
2516	(1)  Beginning with the 2005-2006 fiscal year, each
2517	district school board shall have a differentiated-pay policy for
2518	school administrators and incorporate it into the school
2519	district's salary schedule.
2520	(2)  The adopted salary schedule must allow school
2521	administrators to receive differentiated pay based upon school
2522	district determined factors, including, but not limited to, each
2523	of the following:
2524	(a)  The economic demographics of the school, with school
2525	administrators in schools that have a majority of students who
2526	qualify for free or reduced-price lunches receiving higher pay.
2527	(b)  A performance-pay policy that rewards high-performing
2528	school administrators with at least a 5-percent performance-pay
2529	incentive.
2530
2531	The differentiated pay provided in the salary schedule for each
2532	of the factors specified in paragraphs (a) and (b) shall provide
2533	an incentive and not be nominal.
2534	(3)  The Commissioner of Education shall determine whether
2535	the district school board's adopted salary schedule complies
2536	with the requirements in subsection (2). If the salary schedule
2537	does not comply, the commissioner shall report the noncompliance
2538	and make recommendations regarding the noncompliance to the
2539	State Board of Education, the President of the Senate, and the
2540	Speaker of the House of Representatives.
2541	Section 46.  Section 1012.2315, Florida Statutes, is
2542	created to read:
2543	1012.2315  Assignment of teachers.--
2544	(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature
2545	finds disparity between teachers assigned to teach in a majority
2546	of "A" schools compared to teachers assigned to teach in a
2547	majority of "F" schools. The disparity can be found in the
2548	average years of experience, median salary, and the performance
2549	of the teachers on teacher certification examinations. It is the
2550	intent of the Legislature that district school boards have
2551	flexibility through the collective bargaining process to assign
2552	teachers more equitably across the schools in the district.
2553	(2)  ASSIGNMENT TO "D" and "F" SCHOOLS.--School districts
2554	may not assign a higher percentage than the school district
2555	average of first-time teachers, temporarily certified teachers,
2556	teachers in need of improvement, or out-of-field teachers to
2557	schools with above the school district average of minority and
2558	economically disadvantaged students or schools that are graded
2559	"D" or "F." Each school district shall annually certify to the
2560	Commissioner of Education that this requirement has been met. If
2561	the commissioner determines that a school district is not in
2562	compliance with this subsection, the State Board of Education
2563	shall be notified and shall take action pursuant to s. 1008.32
2564	in the next regularly scheduled meeting to require compliance.
2565	(3)  SALARY INCENTIVES.--District school boards are
2566	authorized to provide salary incentives to meet the requirement
2567	of subsection (2). No district school board shall sign a
2568	collective bargaining agreement that precludes the school
2569	district from providing sufficient incentives to meet this
2570	requirement.
2571	(4)  COLLECTIVE BARGAINING.--Notwithstanding provisions of
2572	chapter 447 relating to district school board collective
2573	bargaining, collective bargaining provisions may not preclude a
2574	school district from providing incentives to high-quality
2575	teachers and assigning such teachers to low-performing schools.
2576	Section 47.  Subsection (2) of section 1012.27, Florida
2577	Statutes, is amended to read:
2578	1012.27  Public school personnel; powers and duties of
2579	district school superintendent.--The district school
2580	superintendent is responsible for directing the work of the
2581	personnel, subject to the requirements of this chapter, and in
2582	addition the district school superintendent shall perform the
2583	following:
2584	(2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and
2585	recommend to the district school board for adoption a salary
2586	schedule or salary schedules. The district school superintendent
2587	must recommend a salary schedule for instructional personnel
2588	which bases a portion of each employee's compensation on
2589	performance demonstrated under s. 1012.34. In developing the
2590	recommended salary schedule, the district school superintendent
2591	shall include input from parents, teachers, and representatives
2592	of the business community. Beginning with the 2005-2006 2004-
2593	2005 academic year, the recommended salary schedule for
2594	classroom teachers shall be consistent with the district's
2595	differentiated-pay policy career ladder based upon s. 1012.2312
2596	1012.231.
2597	Section 48.  Paragraph (a) of subsection (3) of section
2598	1012.34, Florida Statutes, is amended to read:
2599	1012.34  Assessment procedures and criteria.--
2600	(3)  The assessment procedure for instructional personnel
2601	and school administrators must be primarily based on the
2602	performance of students assigned to their classrooms or schools,
2603	as appropriate. Pursuant to this section, a school district's
2604	performance assessment is not limited to basing unsatisfactory
2605	performance of instructional personnel and school administrators
2606	upon student performance, but may include other criteria
2607	approved to assess instructional personnel and school
2608	administrators' performance, or any combination of student
2609	performance and other approved criteria. The procedures must
2610	comply with, but are not limited to, the following requirements:
2611	(a)  An assessment must be conducted for each employee at
2612	least once a year. The assessment must be based upon sound
2613	educational principles and contemporary research in effective
2614	educational practices. The assessment must primarily use data
2615	and indicators of improvement in student performance assessed
2616	annually as specified in s. 1008.22 and may consider results of
2617	peer reviews in evaluating the employee's performance. Student
2618	performance must be measured by state assessments required under
2619	s. 1008.22 and by local assessments for subjects and grade
2620	levels not measured by the state assessment program. The
2621	assessment criteria must include, but are not limited to,
2622	indicators that relate to the following:
2623	1.  Performance of students.
2624	2.  Ability to maintain appropriate discipline.
2625	3.  Knowledge of subject matter. The district school board
2626	shall make special provisions for evaluating teachers who are
2627	assigned to teach out-of-field.
2628	4.  Ability to plan and deliver instruction, including
2629	implementation of the rigorous reading requirement pursuant to
2630	s. 1003.415, when applicable, and the use of technology in the
2631	classroom.
2632	5.  Ability to evaluate instructional needs.
2633	6.  Ability to establish and maintain a positive
2634	collaborative relationship with students' families to increase
2635	student achievement.
2636	7.  Other professional competencies, responsibilities, and
2637	requirements as established by rules of the State Board of
2638	Education and policies of the district school board.
2639	Section 49.  Section 1012.986, Florida Statutes, is created
2640	to read:
2641	1012.986  Golden Leadership Academy Program.--
2642	(1)  SHORT TITLE.--This section may be cited as the W.
2643	Cecil Golden School Leadership Act.
2644	(2)  CREATION OF PROGRAM.--There is created the Golden
2645	Leadership Academy (GLA) Program, a high-quality,
2646	competency-based, customized, comprehensive, and coordinated
2647	statewide professional development program that is aligned with
2648	the leadership standards for school leaders adopted by the State
2649	Board of Education. The program shall be administered by the
2650	Department of Education and shall provide leadership training
2651	opportunities for school leaders to enable them to be more
2652	effective instructional leaders, especially in the area of
2653	reading. The program shall provide school leaders with the
2654	opportunity to attain a school leadership designation pursuant
2655	to subsection (3).
2656	(3)  DEFINITION.--As used in this section, the term "school
2657	leader" means a school principal or assistant principal holding
2658	a valid Florida certificate in educational leadership.
2659	(4)  LEADERSHIP DESIGNATIONS.--The Department of Education
2660	shall determine annually, in collaboration with school
2661	principals, thresholds for different leadership designations.
2662	Criteria must emphasize student achievement and learning gains
2663	with a special emphasis on learning gains in high schools.
2664	(5)  GLA PROGRAM REQUIREMENTS.--
2665	(a)  The GLA Program shall be based upon the leadership
2666	standards adopted by the State Board of Education, the standards
2667	of the National Staff Development Council, and the federal
2668	requirements for high-quality professional development under the
2669	No Child Left Behind Act of 2001.
2670	(b)  The GLA Program shall provide a competency-based
2671	approach that utilizes prediagnostic and postdiagnostic
2672	evaluations that shall be used to create an individualized
2673	professional development plan approved by the district school
2674	superintendent. The plan shall be structured to support the
2675	school leader's attainment of the leadership standards adopted
2676	by the State Board of Education.
2677	(c)  The GLA Program shall incorporate instructional
2678	leadership training and effective business practices for
2679	efficient school operations in school leadership training.
2680	(6)  DELIVERY SYSTEM.--The Department of Education shall
2681	deliver the GLA Program through multiple delivery systems,
2682	including:
2683	(a)  Approved school district training programs.
2684	(b)  Interactive technology-based instruction.
2685	(c)  State, regional, or local leadership academies.
2686	(6)  RULES.--The State Board of Education shall adopt rules
2687	pursuant to ss. 120.536(1) and 120.54 to implement the
2688	provisions of this section.
2689	Section 50.  Section 1012.987, Florida Statutes, is
2690	repealed.
2691	Section 51.  Subsection (6) of section 1013.512, Florida
2692	Statutes, is amended to read:
2693	1013.512  Land Acquisition and Facilities Advisory Board.--
2694	(6)  Upon certification by the advisory board that
2695	corrective action has been taken, the Legislative Budget
2696	Commission shall release all funds remaining in reserve. Upon
2697	such release, each Land Acquisition and Facilities Advisory
2698	Board shall be disbanded.
2699	Section 52.  Charter School Task Force.--
2700	(1)  The Charter School Task Force is established to study
2701	and make recommendations regarding charter schools in the state.
2702	(2)  The task force shall, at a minimum:
2703	(a)  Review current application and sponsorship procedures
2704	used throughout the state for the approval of charter schools.
2705	(b)  Examine the sponsorship and organizational structure
2706	of charter schools in other states.
2707	(c)  Investigate alternative means available in the state
2708	to implement changes in the sponsorship of charter schools.
2709	(d)  Review capital outlay funding for charter schools.
2710	(e)  Determine the necessity and most effective methods for
2711	the State Board of Education to sanction school districts and
2712	charter schools for violation of charter school procedural
2713	requirements.
2714	(f)  Conduct meetings throughout the state to receive
2715	public input and consider policy recommendations on issues
2716	related to charter schools.
2717	(g)  Issue a final report and recommendations by December
2718	31, 2005, to the Governor, the President of the Senate, and the
2719	Speaker of the House of Representatives.
2720	(3)  The task force shall consist of:
2721	(a)  Up to four members of the House of Representatives
2722	appointed by the Speaker of the House of Representatives.
2723	(b)  Up to four members of the Senate appointed by the
2724	President of the Senate.
2725	(c)  Five charter school stakeholders appointed by the
2726	Governor. The members shall include a representative of a
2727	charter school, a representative of a school district, a
2728	representative of a statewide association, and a representative
2729	with experience in charter school law and may include the
2730	Commissioner of Education or his or her designee.
2731	(4)  The Governor shall appoint the chair of the task force
2732	from among the appointed members.
2733	(5)  Task force members shall serve without compensation
2734	but are entitled to reimbursement, pursuant to s. 112.061,
2735	Florida Statutes, for per diem and travel expenses incurred in
2736	the performance of their official duties.
2737	(6)  The Department of Education shall provide staff
2738	support for the task force.
2739	Section 53.  Subsections (3), (4), (5), (6), and (7) of
2740	section 20.15, Florida Statutes, are renumbered as subsections
2741	(4), (5), (6), (7), and (8), respectively, and a new subsection
2742	(3) is added to said section to read:
2743	20.15  Department of Education.--There is created a
2744	Department of Education.
2745	(3)  DEPUTY COMMISSIONER OF CAREER EDUCATION.--The
2746	Commissioner of Education shall appoint a Deputy Commissioner of
2747	Career Education pursuant to s. 1014.15 to direct the Office of
2748	Career Education established in s. 1001.20(4).
2749	Section 54.  Subsection (2) of section 446.032, Florida
2750	Statutes, is renumbered as subsection (3) and a new subsection
2751	(2) is added to said section to read:
2752	446.032  General duties of the department for
2753	apprenticeship training.--The department shall:
2754	(2)(a)  Encourage partnerships with registered
2755	apprenticeship programs as a means to address the community's
2756	labor market training needs.
2757	(b)  Require contracts between local educational agencies
2758	and apprenticeship sponsors to delineate:
2759	1.  The scope of services, including, but not limited to,
2760	each party's specific obligations regarding the provision of
2761	equipment, materials, instructors, classroom space, facilities,
2762	labs, or money.
2763	2.  Service level agreements, including appropriate
2764	performance measures.
2765	3.  A detailed description of the direct cost for each
2766	service to be delivered pursuant to the scope of services.
2767
2768	This paragraph shall not be interpreted to require that any
2769	services or materials must be provided by an apprenticeship
2770	sponsor if not required in a contract or that payments must be
2771	made by a local educational agency to an apprenticeship sponsor
2772	for any services or materials other than those required to be
2773	delivered pursuant to a contract.
2774	Section 55.  Section 446.609, Florida Statutes, is
2775	repealed.
2776	Section 56.  Subsection (2) of section 464.019, Florida
2777	Statutes, is amended, and subsection (8) is added to said
2778	section, to read:
2779	464.019  Approval of nursing programs.--
2780	(2)(a)  The board shall adopt rules, applicable to initial
2781	review and conditional approval of a program, regarding
2782	educational objectives, faculty qualifications, curriculum
2783	guidelines, administrative procedures, and clinical training. An
2784	applicant institution shall comply with such rules in order to
2785	obtain conditional program approval. No program shall be
2786	considered fully approved, nor shall any program be exempted
2787	from such rules, prior to the graduation of the program's first
2788	class.
2789	(b)  The board shall adopt rules regarding educational
2790	objectives and curriculum guidelines as are necessary to grant
2791	full approval to a program and to ensure that fully approved
2792	programs graduate nurses capable of competent practice under
2793	this part. Rules regarding educational objectives shall consider
2794	student attrition rate standards, availability of qualified
2795	faculty, and appropriate clinical training facilities. However,
2796	the board shall adopt no rule that prohibits a qualified
2797	institution from placing a student in a facility for clinical
2798	experience, regardless of whether more than one nursing program
2799	is using the same facility for clinical experience.
2800	(c)  The board shall adopt rules governing probation,
2801	suspension, and termination status of programs that fail to
2802	comply with the standards of this part.
2803	(d)  The board shall not adopt any rule limiting the number
2804	of students admitted to a nursing program, provided appropriate
2805	faculty-to-student ratios are maintained, and provided the board
2806	shall not enact any changes to faculty-to-student ratios that
2807	have the effect of limiting capacity in approved nursing
2808	programs unless such changes are based in scientific research
2809	prior to 2004.
2810	(e)  The board, in conjunction with the Florida Center for
2811	Nursing, shall conduct a study of research literature to
2812	evaluate existing rules regarding clinical instruction,
2813	including an assessment of expanding the use of qualified
2814	registered nurses as supervisors and simulation as effective
2815	ways to maximize the opportunities for clinical experiences.
2816	(8)  The board shall work with the Department of Health,
2817	the Department of Education, and the Florida Center for Nursing
2818	to assist any approved nursing program with increasing capacity
2819	to produce more nurses to enter the workforce in the state. Such
2820	assistance may include, but is not limited to:
2821	(a)  Identifying strategies for reducing the demands of
2822	nonclinical requirements on nursing faculty, including
2823	consolidating core requirements across nursing majors and tracks
2824	and identifying courses that are taught in other health and
2825	medical fields that could be jointly offered, taught by non-
2826	nurse faculty, or substituted for nursing courses.
2827	(b)  Developing alternative models of clinical education
2828	that reduce the burden on nursing faculty, including expanding
2829	the use of preceptors, providing more clinical instruction as a
2830	concentrated clinical experience later in the program, and
2831	increasing the use of simulators.
2832	Section 57.  Subsections (4) and (5) are added to section
2833	464.0195, Florida Statutes, to read:
2834	464.0195  Florida Center for Nursing; goals; information
2835	system.--
2836	(4)  The Florida Center for Nursing, in collaboration with
2837	the Department of Health, the Agency for Health Care
2838	Administration, the Agency for Workforce Innovation, and the
2839	Department of Education, and in consultation with the Office of
2840	Program Policy Analysis and Government Accountability, shall
2841	develop and maintain an information system to assess the
2842	workforce needs of the nursing profession in the state. The
2843	information system shall be designed to enable the center to
2844	produce reliable, comparable, and comprehensive data on the
2845	nursing workforce in the state; identify potential nursing
2846	shortages and the areas in which they may occur; assess the
2847	productivity of approved nursing programs, especially in
2848	responding to identified workforce needs; and establish a
2849	registry to link approved nursing programs that need additional
2850	clinical sites or faculty to expand their capacity with licensed
2851	health care providers that may be able to assist in meeting such
2852	needs. Data to support the information system may be collected
2853	as part of the initial and renewal licensure process for both
2854	individuals and health care facilities and as part of the Board
2855	of Nursing program approval process. No later than November 1,
2856	2005, the Florida Center for Nursing shall submit to the
2857	President of the Senate and the Speaker of the House of
2858	Representatives an implementation plan for the information
2859	system, including projected cost and recommended rule changes
2860	that may be required to collect the information necessary for
2861	the system to be successful.
2862	(5)  The information system required by subsection (4)
2863	shall be implemented to the extent funded in the General
2864	Appropriations Act.
2865	Section 58.  Paragraph (v) of subsection (2) of section
2866	1001.02, Florida Statutes, is amended, and paragraph (i) is
2867	added to subsection (7) of said section, to read:
2868	1001.02  General powers of State Board of Education.--
2869	(2)  The State Board of Education has the following duties:
2870	(v)  To develop, with input from the Board of Governors and
2871	the independent postsecondary educational institutions in the
2872	state and periodically review for adjustment, a coordinated 5-
2873	year plan for postsecondary enrollment and annually submit the
2874	plan to the Legislature. The plan shall indicate the capacity of
2875	each sector, including state universities, community colleges,
2876	postsecondary career centers, and independent postsecondary
2877	educational institutions, to respond to the planned enrollment
2878	and estimate the costs to the state of expanding capacity if
2879	necessary to accommodate the enrollment plan. The plan shall be
2880	periodically reviewed for adjustment and submitted to the
2881	Governor, the President of the Senate, and the Speaker of the
2882	House of Representatives no later than December 1 of each year.
2883	(7)  The State Board of Education shall:
2884	(i)  Adopt by rule policies that address the baccalaureate
2885	degree programs at community colleges approved pursuant to s.
2886	1007.33, including, but not limited to, reporting policies and
2887	performance accountability requirements for both upper-division
2888	and lower-division programs.
2889	Section 59.  Paragraph (f) is added to subsection (4) of
2890	section 1001.20, Florida Statutes, to read:
2891	1001.20  Department under direction of state board.--
2892	(4)  The Department of Education shall establish the
2893	following offices within the Office of the Commissioner of
2894	Education which shall coordinate their activities with all other
2895	divisions and offices:
2896	(f)  Office of Career Education.--Responsible for
2897	evaluating the effectiveness of public and private secondary and
2898	postsecondary education programs in providing rigorous career
2899	education; developing in partnership with the business community
2900	and Workforce Florida, Inc., a marketing plan for secondary and
2901	postsecondary career education, including career and
2902	professional academies, to attract secondary and postsecondary
2903	students into careers of critical state need; promoting seamless
2904	articulation throughout the career education system; and
2905	administering the SUCCEED, FLORIDA! Career Paths Program
2906	pursuant to s. 1011.97.
2907	Section 60.  Subsections (1), (2), and (8) of section
2908	1001.64, Florida Statutes, are amended to read:
2909	1001.64  Community college boards of trustees; powers and
2910	duties.--
2911	(1)  The boards of trustees shall be responsible for
2912	cost-effective policy decisions appropriate to the community
2913	college's mission, the implementation and maintenance of
2914	high-quality education programs within law and rules of the
2915	State Board of Education, the measurement of performance, the
2916	reporting of information, and the provision of input regarding
2917	state policy, budgeting, and education standards. Community
2918	colleges may grant baccalaureate degrees pursuant to s. 1007.33
2919	and shall remain under the authority of the State Board of
2920	Education in accordance with current statutory provisions
2921	relating to community colleges as defined in s. 1000.21.
2922	(2)  Each board of trustees is vested with the
2923	responsibility to govern its respective community college and
2924	with such necessary authority as is needed for the proper
2925	operation and improvement thereof in accordance with rules of
2926	the State Board of Education. This authority includes serving as
2927	the governing board for purposes of granting baccalaureate
2928	degrees as authorized in s. 1007.33 and approved by the State
2929	Board of Education.
2930	(8)  Each board of trustees has authority for policies
2931	related to students, enrollment of students, student records,
2932	student activities, financial assistance, and other student
2933	services.
2934	(a)  Each board of trustees shall govern admission of
2935	students pursuant to s. 1007.263 and rules of the State Board of
2936	Education. A board of trustees may establish additional
2937	admissions criteria, which shall be included in the district
2938	interinstitutional articulation agreement developed according to
2939	s. 1007.235, to ensure student readiness for postsecondary
2940	instruction. Each board of trustees may consider the past
2941	actions of any person applying for admission or enrollment and
2942	may deny admission or enrollment to an applicant because of
2943	misconduct if determined to be in the best interest of the
2944	community college.
2945	(b)  Each board of trustees shall adopt rules establishing
2946	student performance standards for the award of degrees and
2947	certificates pursuant to s. 1004.68. The board of trustees of a
2948	community college that is authorized to grant a baccalaureate
2949	degree under s. 1007.33 may continue to award degrees, diplomas,
2950	and certificates as authorized for the college, and in the name
2951	of the college, until the college receives any necessary changes
2952	to its accreditation.
2953	(c)  Each board of trustees shall establish tuition and
2954	out-of-state fees for approved baccalaureate degree programs,
2955	consistent with law and proviso language in the General
2956	Appropriations Act.
2957	(d)(c)  Boards of trustees are authorized to establish
2958	intrainstitutional and interinstitutional programs to maximize
2959	articulation pursuant to s. 1007.22.
2960	(e)(d)  Boards of trustees shall identify their core
2961	curricula, which shall include courses required by the State
2962	Board of Education, pursuant to the provisions of s. 1007.25(6).
2963	(f)(e)  Each board of trustees must adopt a written
2964	antihazing policy, provide a program for the enforcement of such
2965	rules, and adopt appropriate penalties for violations of such
2966	rules pursuant to the provisions of s. 1006.63(1)-(3).
2967	(g)(f)  Each board of trustees may establish a uniform code
2968	of conduct and appropriate penalties for violation of its rules
2969	by students and student organizations, including rules governing
2970	student academic honesty. Such penalties, unless otherwise
2971	provided by law, may include fines, the withholding of diplomas
2972	or transcripts pending compliance with rules or payment of
2973	fines, and the imposition of probation, suspension, or
2974	dismissal.
2975	(h)(g)  Each board of trustees pursuant to s. 1006.53 shall
2976	adopt a policy in accordance with rules of the State Board of
2977	Education that reasonably accommodates the religious observance,
2978	practice, and belief of individual students in regard to
2979	admissions, class attendance, and the scheduling of examinations
2980	and work assignments.
2981	(i)  Each board of trustees shall adopt a policy providing
2982	that faculty who teach upper-division courses that are a
2983	component part of a baccalaureate degree program must meet the
2984	requirements of s. 1012.82.
2985	Section 61.  Paragraphs (a) and (d) of subsection (2) of
2986	section 1002.23, Florida Statutes, are amended to read:
2987	1002.23  Family and School Partnership for Student
2988	Achievement Act.--
2989	(2)  To facilitate meaningful parent and family
2990	involvement, the Department of Education shall develop
2991	guidelines for a parent guide to successful student achievement
2992	which describes what parents need to know about their child's
2993	educational progress and how they can help their child to
2994	succeed in school. The guidelines shall include, but need not be
2995	limited to:
2996	(a)  Parental information regarding:
2997	1.  Requirements for their child to be promoted to the next
2998	grade, as provided for in s. 1008.25;
2999	2.  Progress of their child toward achieving state and
3000	district expectations for academic proficiency;
3001	3.  Assessment results, including report cards and progress
3002	reports; and
3003	4.  Qualifications of their child's teachers; and
3004	5.  Availability of the secondary and postsecondary
3005	academic and career education online student advising and
3006	guidance system described in s. 1006.01;
3007	(d)  Opportunities for parents to learn about rigorous
3008	academic programs that may be available for their child, such as
3009	honors programs, dual enrollment, advanced placement,
3010	International Baccalaureate, Florida Virtual High School
3011	courses, career and professional academies, and accelerated
3012	access to postsecondary education;
3013	Section 62.  Section 1003.492, Florida Statutes, is amended
3014	to read:
3015	1003.492  Industry-certified career education programs.--
3016	(1)  A career education program within a comprehensive high
3017	school program of study shall be coordinated with the
3018	appropriate industry indicating that all components of the
3019	program are relevant and appropriate to prepare the student for
3020	further education or for employment in that industry.
3021	(2)  The State Board of Education shall adopt rules
3022	pursuant to ss. 120.536(1) and 120.54 for implementing an
3023	industry certification process, which rules must establish any
3024	necessary procedures for obtaining appropriate business partners
3025	and requirements for business and industry involvement in
3026	curriculum oversight and equipment procurement.
3027	(3)  The Department of Education shall study student
3028	performance in industry-certified career education programs. The
3029	department shall identify districts that currently operate
3030	industry-certified career education programs. The study shall
3031	examine the performance of participating students over time.
3032	Performance factors shall include, but not be limited to,
3033	graduation rates, retention rates, additional educational
3034	attainment, employment records, earnings, and industry
3035	satisfaction. The results of this study shall be submitted to
3036	the President of the Senate and the Speaker of the House of
3037	Representatives by December 31, 2004.
3038	(4)  The Department of Education shall conduct a study to
3039	determine if a cost factor should be applied to industry-
3040	certified career education programs and review the need for
3041	startup funding for the programs. The study shall be completed
3042	by December 31, 2004, and shall be submitted to the President of
3043	the Senate and the Speaker of the House of Representatives.
3044	Section 63.  Section 1004.85, Florida Statutes, is
3045	renumbered as section 1004.045, Florida Statutes, and paragraphs
3046	(e), (f), and (g) are added to subsection (2) of said section to
3047	read:
3048	1004.045 1004.85  Postsecondary educator preparation
3049	institutes.--
3050	(2)  Postsecondary institutions that are accredited or
3051	approved as described in state board rule may seek approval from
3052	the Department of Education to create educator preparation
3053	institutes for the purpose of providing any or all of the
3054	following:
3055	(e)  Instruction to assist associate degree holders who
3056	have business experience in demonstrating teaching competencies
3057	for career education courses in the specific area relating to
3058	their business experience.
3059	(f)  Professional development instruction to assist career
3060	education teachers in delivering a career education curriculum
3061	in a relevant context with student-centered, research-based
3062	instructional strategies and a rigorous standards-based academic
3063	curriculum.
3064	(g)  Professional development instruction to assist
3065	guidance counselors in using a mentor-teacher guidance model.
3066	Section 64.  Section 1004.226, Florida Statutes, is created
3067	to read:
3068	1004.226  Florida technology development; centers of
3069	excellence.--
3070	(1)  The term "center of excellence," as used in this
3071	section, means an organization of personnel, facilities, and
3072	equipment established at or in collaboration with one or more
3073	universities in Florida to accomplish the purposes and
3074	objectives set forth in this section. The purposes and
3075	objectives of a center of excellence include:
3076	(a)  Identifying and pursuing opportunities for university
3077	scholars, research center scientists and engineers, and private
3078	businesses to form collaborative partnerships to foster and
3079	promote the research required to develop commercially promising,
3080	advanced, and innovative technologies and to transfer those
3081	technologies to commercial sectors.
3082	(b)  Acquiring and leveraging public and private sector
3083	funding to provide the totality of funds, personnel, facilities,
3084	equipment, and other resources needed to support the research
3085	required to develop commercially promising, advanced, and
3086	innovative technologies and to transfer those technologies to
3087	commercial sectors.
3088	(c)  Recruiting and retaining world class scholars, high-
3089	performing students, and leading scientists and engineers in
3090	technology disciplines to engage in research in this state to
3091	develop commercially promising, advanced, and innovative
3092	technologies.
3093	(d)  Enhancing and expanding technology curricula and
3094	laboratory resources at universities in this state.
3095	(e)  Increasing the number of high-performing students in
3096	technology disciplines who graduate from universities in this
3097	state and pursue careers in this state.
3098	(f)  Stimulating and supporting the inception, growth, and
3099	diversification of technology-based businesses and ventures in
3100	Florida and increasing employment opportunities for the
3101	workforce needed to support such businesses.
3102	(2)  The State Board of Education shall notify the
3103	president of each university in the state of the opportunity to
3104	submit to the state board a written proposal for establishing a
3105	center of excellence under this section or expanding a center of
3106	excellence designated under former s. 1004.225. A proposal from
3107	a university must be submitted to the state board before
3108	November 1, 2005.
3109	(3)(a)  By February 15, 2006, the State Board of Education,
3110	in consultation with the Florida Research Consortium, shall
3111	develop a plan for establishing or expanding one or more centers
3112	of excellence from proposals submitted pursuant to subsection
3113	(2) and shall authorize expenditures for implementing the plan.
3114	(b)  The plan must include performance and accountability
3115	measures that can be used to assess the progress of plan
3116	implementation and the success of each center of excellence that
3117	receives funding under the plan. By March 1, 2006, the State
3118	Board of Education shall provide a copy of the plan to the
3119	Governor, the President of the Senate, and the Speaker of the
3120	House of Representatives.
3121	(4)  Beginning July 1, 2006, the State Board of Education
3122	shall report annually to the Governor, the President of the
3123	Senate, and the Speaker of the House of Representatives on the
3124	progress in implementing the plan developed under subsection (3)
3125	and the success of each center of excellence that receives
3126	funding under that plan.
3127	(5)  This program shall be implemented to the extent funds
3128	are provided in the General Appropriations Act.
3129	Section 65.  Subsection (1), paragraph (a) of subsection
3130	(7), and subsection (9) of section 1004.65, Florida Statutes,
3131	are amended, and subsection (10) is added to said section, to
3132	read:
3133	1004.65  Community colleges; definition, mission, and
3134	responsibilities.--
3135	(1)  Community colleges shall consist of all public
3136	educational institutions identified in s. 1000.21(3). Community
3137	colleges, including colleges that have been approved to offer
3138	baccalaureate degree programs pursuant to s. 1007.33, shall be
3139	operated by community college district boards of trustees under
3140	statutory authority and rules of the State Board of Education.
3141	Except as otherwise provided in law, all laws and rules that
3142	relate to community colleges apply to community colleges
3143	authorized to offer baccalaureate degree programs pursuant to s.
3144	1007.33.
3145	(7)  A separate and secondary role for community colleges
3146	includes:
3147	(a)  Providing upper level instruction and awarding
3148	baccalaureate degrees as specifically authorized by law. A
3149	community college that is approved to offer baccalaureate degree
3150	programs shall maintain its primary mission pursuant to
3151	subsection (6) and may not terminate associate in arts or
3152	associate in science degree programs as a result of the
3153	authorization to offer baccalaureate degree programs.
3154	(9)  Community colleges are authorized to offer such
3155	programs and courses as are necessary to fulfill their mission
3156	and are authorized to grant associate in arts degrees, associate
3157	in science degrees, associate in applied science degrees,
3158	certificates, awards, and diplomas. Each community college is
3159	also authorized to make provisions for the General Educational
3160	Development test. Each community college may provide access to
3161	and award baccalaureate degrees in accordance with law.
3162	(10)  A community college may not offer graduate programs.
3163	Section 66.  Subsection (3) is added to section 1004.68,
3164	Florida Statutes, to read:
3165	1004.68  Community college; degrees and certificates; tests
3166	for certain skills.--
3167	(3)  The board of trustees of a community college
3168	authorized to grant baccalaureate degrees pursuant to s. 1007.33
3169	may continue to award degrees, diplomas, and certificates as
3170	authorized for the college, and in the name of the college,
3171	until the community college receives any necessary changes to
3172	its accreditation.
3173	Section 67.  Section 1006.01, Florida Statutes, is created
3174	to read:
3175	1006.01  Enhanced secondary and postsecondary academic and
3176	career education online student advising and guidance
3177	system.--The Department of Education shall enhance the student
3178	advising system described in s. 1007.28 into a secondary and
3179	postsecondary academic and career education online student
3180	advising and guidance system. In addition to the requirements of
3181	s. 1007.28, the enhanced system must:
3182	(1)  Provide access to information from regional workforce
3183	boards on local careers and careers that are critical state
3184	needs and the secondary and postsecondary career education
3185	necessary to enter these careers.
3186	(2)  Provide continuous secondary and postsecondary career
3187	education guidance beginning in middle school and store student
3188	information until completion of the student's education.
3189	Section 68.  Subsection (1) of section 1006.02, Florida
3190	Statutes, is amended to read:
3191	1006.02  Provision of information to students and parents
3192	regarding school-to-work transition.--
3193	(1)  To facilitate each student's ability to easily and
3194	seamlessly combine academic and rigorous career education
3195	courses throughout the educational experience, each school
3196	district all public K-12 schools shall document as part of its
3197	guidance report required pursuant to s. 1006.025 that every
3198	middle and high school student has used the secondary and
3199	postsecondary academic and career education online student
3200	advising and guidance system described in s. 1006.01 as part of
3201	the student's career exploration and planning process. The
3202	report must include the manner in which they have prepared
3203	students to enter the workforce, including information regarding
3204	the provision of accurate, timely career and curricular
3205	counseling to middle school and high school students. This
3206	information shall include a delineation of available career
3207	opportunities, educational requirements associated with each
3208	career, educational institutions that prepare students to enter
3209	each career, and student financial aid available to enable
3210	students to pursue any postsecondary instruction required to
3211	enter that career. This information shall also delineate school
3212	procedures for identifying individual student interests and
3213	aptitudes which enable students to make informed decisions about
3214	the curriculum that best addresses their individual interests
3215	and aptitudes while preparing them to enroll in postsecondary
3216	education and enter the workforce. This information shall
3217	include recommended high school coursework that prepares
3218	students for success in college-level work. The information
3219	shall be made known to parents and students annually through
3220	inclusion in the school's handbook, manual, or similar documents
3221	or other communications regularly provided to parents and
3222	students.
3223	Section 69.  Paragraph (f) of subsection (2) of section
3224	1006.025, Florida Statutes, is amended to read:
3225	1006.025  Guidance services.--
3226	(2)  The guidance report shall include, but not be limited
3227	to, the following:
3228	(f)  Actions taken to provide information to students for
3229	the school-to-work transition and documentation that every
3230	middle and high school student has used the secondary and
3231	postsecondary academic and career education online student
3232	advising and guidance system described in s. 1006.01 for the
3233	student's career exploration and planning process pursuant to s.
3234	1006.02.
3235	Section 70.  Paragraph (c) of subsection (3) of section
3236	1007.2615, Florida Statutes, is amended to read:
3237	1007.2615  American Sign Language; findings; foreign-
3238	language credits authorized; teacher licensing.--
3239	(3)  DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
3240	EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
3241	FOR POSTSECONDARY EDUCATION PROVIDERS.--
3242	(c)  An ASL teacher must be certified by the Department of
3243	Education by January 1, 2009 2008, and must obtain current
3244	certification through the Florida American Sign Language
3245	Teachers' Association (FASLTA) by January 1, 2006. New FASLTA
3246	certification may be used by current ASL teachers as an
3247	alternative certification track.
3248	Section 71.  Subsections (1), (2), (4), (5), (6), (11), and
3249	(13) of section 1007.271, Florida Statutes, are amended to read:
3250	1007.271  Dual enrollment programs.--
3251	(1)  The dual enrollment program is the enrollment of an
3252	eligible secondary student or home education student in a
3253	postsecondary course creditable toward high school completion
3254	and a career certificate or an associate or baccalaureate
3255	degree.
3256	(2)  For the purpose of this section, an eligible secondary
3257	student is a student who is enrolled in a Florida public
3258	secondary school or in a Florida private secondary school which
3259	is in compliance with s. 1002.42(2) and conducts a secondary
3260	curriculum pursuant to s. 1003.43. Students enrolled in
3261	postsecondary instruction that is not creditable toward the high
3262	school diploma shall not be classified as dual enrollments.
3263	Students who are eligible for dual enrollment pursuant to this
3264	section shall be permitted to enroll in dual enrollment courses
3265	conducted during school hours, after school hours, and during
3266	the summer term. Instructional time for such enrollment may
3267	exceed 900 hours; however, the school district may only report
3268	the student for a maximum of 1.0 FTE, as provided in s.
3269	1011.61(4). Dual enrollment instruction of high school students
3270	that is eligible for high school and postsecondary credit shall
3271	be reported by the school district in an amount equal to the
3272	hours of instruction that would be necessary to earn the FTE
3273	for the equivalent course if it were taught in the school
3274	district. Any student so enrolled is exempt from the payment of
3275	registration, tuition, and laboratory fees. Vocational-
3276	preparatory instruction, college-preparatory instruction and
3277	other forms of precollegiate instruction, as well as physical
3278	education courses that focus on the physical execution of a
3279	skill rather than the intellectual attributes of the activity,
3280	are ineligible for inclusion in the dual enrollment program.
3281	Recreation and leisure studies courses shall be evaluated
3282	individually in the same manner as physical education courses
3283	for potential inclusion in the program.
3284	(4)  Career dual enrollment shall be provided as a
3285	curricular option for secondary students to pursue in order to
3286	earn a series of elective credits toward the high school
3287	diploma. However, career dual enrollment shall not supplant
3288	student acquisition of the diploma. Career dual enrollment shall
3289	be available for secondary students seeking a degree or
3290	certificate from a complete career-preparatory program and shall
3291	not be used to enroll students, but shall not sustain student
3292	enrollment in isolated career courses. It is the intent of the
3293	Legislature that career dual enrollment provide reflect the
3294	interests and aptitudes of the student. The provision of a
3295	comprehensive academic and career dual enrollment program within
3296	the career center or community college is supportive of
3297	legislative intent; however, such provision is not mandatory.
3298	(5)  Each district school board shall inform all secondary
3299	students of dual enrollment as an educational option and
3300	mechanism for acceleration. Students shall be informed of
3301	eligibility criteria, the option for taking dual enrollment
3302	courses beyond the regular school year, and the 24 minimum
3303	academic credits required for graduation. District school boards
3304	shall annually assess the demand for dual enrollment and other
3305	advanced courses, and the district school board shall consider
3306	strategies and programs to meet that demand.
3307	(6)  The Commissioner of Education shall appoint faculty
3308	committees representing public school, community college, and
3309	university faculties to identify postsecondary courses that meet
3310	the high school graduation requirements of s. 1003.43, and to
3311	establish the number of postsecondary semester credit hours of
3312	instruction and equivalent high school credits earned through
3313	dual enrollment pursuant to this section that are necessary to
3314	meet high school graduation requirements. Such equivalencies
3315	shall be determined solely on comparable course content and not
3316	on seat time traditionally allocated to such courses in high
3317	school. The Commissioner of Education shall recommend to the
3318	State Board of Education those postsecondary courses identified
3319	to meet high school graduation requirements, based on mastery of
3320	course outcomes, by their statewide course numbers number, and
3321	all high schools shall accept these postsecondary education
3322	courses toward meeting the requirements of s. 1003.43.
3323	(11)  The Department of Education shall approve any course
3324	for inclusion in the dual enrollment program that is contained
3325	within the statewide course numbering system. However, college-
3326	preparatory and other forms of precollegiate instruction, and
3327	physical education and other courses that focus on the physical
3328	execution of a skill rather than the intellectual attributes of
3329	the activity, may not be so approved, but must be evaluated
3330	individually for potential inclusion in the dual enrollment
3331	program. This subsection does not mean that an independent
3332	postsecondary institution eligible for inclusion in a dual
3333	enrollment or early admission program pursuant to s. 1011.62
3334	must participate in the statewide course numbering system
3335	developed pursuant to s. 1007.24 to participate in a dual
3336	enrollment program.
3337	(13)  It is the intent of the Legislature that Students who
3338	meet the eligibility requirements of this section subsection and
3339	who choose to participate in dual enrollment programs are be
3340	exempt from the payment of registration, tuition, and laboratory
3341	fees.
3342	Section 72.  Section 1007.33, Florida Statutes, is amended
3343	to read:
3344	1007.33  Site-determined baccalaureate degree access.--
3345	(1)  The Legislature recognizes that public and private
3346	postsecondary educational institutions play essential roles in
3347	improving the quality of life and economic well-being of the
3348	state and its residents. The Legislature also recognizes that
3349	economic development needs and the educational needs of place-
3350	bound, nontraditional students have increased the demand for
3351	local access to baccalaureate degree programs. In some, but not
3352	all, geographic regions, baccalaureate degree programs are being
3353	delivered successfully at the local community college through
3354	agreements between the community college and 4-year
3355	postsecondary institutions within or outside of the state. It is
3356	therefore the intent of the Legislature to further expand access
3357	for Florida residents to baccalaureate degree programs and to
3358	provide baccalaureate degree programs that meet critical
3359	workforce needs through the use of community colleges.
3360	(2)  A community college may enter into a formal agreement
3361	pursuant to the provisions of s. 1007.22 for the delivery of
3362	specified baccalaureate degree programs.
3363	(3)  A community college may develop a proposal to deliver
3364	specified baccalaureate degree programs in its district to meet
3365	local workforce needs or to expand access to postsecondary
3366	education for diverse, nontraditional, or geographically bound
3367	students. The proposal must be approved by the board of trustees
3368	of the community college.
3369	(a)  To be eligible to receive state funding to support the
3370	proposed program at the baccalaureate level, the proposal must
3371	be submitted to the State Board of Education for approval in
3372	accordance with timelines and guidelines adopted by the state
3373	board and. The community college's proposal must include the
3374	following information:
3375	1.(a)  Documentation of the demand for the baccalaureate
3376	degree program as is identified by the workforce development
3377	board, local businesses and industry, local chambers of
3378	commerce, and potential students who must be residents of the
3379	state.
3380	2.(b)  Documentation of the unmet need for graduates of the
3381	proposed degree program is substantiated.
3382	3.(c)  Documentation that the community college has the
3383	facilities and academic resources to deliver the program.
3384	4.  Documentation that alternative attempts were made to
3385	meet the identified need, such as distance learning and
3386	partnerships with other public or private postsecondary
3387	educational institutions, or justification for not pursuing such
3388	alternatives.
3389	5.  A 5-year financial plan that details steps to ensure
3390	that the per-credit-hour costs of the program at the end of the
3391	5-year period will be less than the costs of similar programs at
3392	state universities.
3393	(b)  Upon receipt of a proposal submitted pursuant to
3394	paragraph (a), the State Board of Education must make the
3395	proposal available to other public and private postsecondary
3396	educational institutions for 60 days for review and comment,
3397	including the opportunity for such institutions to submit
3398	alternative proposals to the State Board of Education for
3399	meeting the stated need.
3400	(c)  The State Board of Education may approve, deny, or
3401	require revisions to a proposal submitted by a community college
3402	pursuant to paragraph (a) or an alternative proposal submitted
3403	pursuant to paragraph (b).
3404
3405	A The proposal must be submitted to the Council for Education
3406	Policy Research and Improvement for review and comment. Upon
3407	approval of the State Board of Education for the specific degree
3408	program or programs, the community college approved to offer
3409	baccalaureate degrees pursuant to this subsection shall pursue
3410	regional accreditation by the Commission on Colleges of the
3411	Southern Association of Colleges and Schools. Any additional
3412	baccalaureate degree program programs the community college
3413	wishes to offer must be approved by the State Board of Education
3414	pursuant to the process outlined in this subsection in order for
3415	the community college to receive state funding for the program
3416	at the baccalaureate level.
3417	(4)  Any baccalaureate degree program authorized at a
3418	community college pursuant to the provisions of this section
3419	must be evaluated by the board of trustees of the community
3420	college every 5 years to determine the cost-effectiveness of the
3421	program, the effectiveness of the program in providing access to
3422	baccalaureate degrees for Florida residents and meeting local
3423	workforce needs, and the impact of the program on the college's
3424	primary mission of providing associate degrees. A copy of the
3425	evaluation must be submitted to the State Board of Education,
3426	the Executive Office of the Governor, the President of the
3427	Senate, and the Speaker of the House of Representatives.
3428	Programs that have excessive per-credit-hour costs, fail to
3429	provide meaningful access to baccalaureate degrees for Florida
3430	residents, no longer meet workforce needs, or hinder a community
3431	college's primary mission may lose eligibility for state funding
3432	as a baccalaureate degree program.
3433	(5)(4)  A community college may not terminate its associate
3434	in arts or associate in science degree programs as a result of
3435	the authorization provided pursuant to this section in
3436	subsection (3). The Legislature intends that the primary mission
3437	of a community college, including a community college that
3438	offers baccalaureate degree programs, continues to be the
3439	provision of associate degrees that provide access to a
3440	university.
3441	(6)  The State Board of Education shall adopt rules to
3442	administer this section.
3443	Section 73.  Section 1009.21, Florida Statutes, is amended
3444	to read:
3445	1009.21  Determination of resident status for tuition
3446	purposes; exemption.--Students shall be classified as residents
3447	or nonresidents for the purpose of assessing tuition in
3448	community colleges and state universities and for the purpose of
3449	assessing tuition for instruction in workforce education
3450	programs offered by school districts.
3451	(1)  As used in this section, the term:
3452	(a)  The term "Dependent child" means any person, whether
3453	or not living with his or her parent, who is eligible to be
3454	claimed by his or her parent as a dependent under the federal
3455	income tax code and who receives at least 51 percent of the true
3456	cost-of-living expenses from his or her parent, as further
3457	defined in rules of the department and postsecondary residential
3458	guidelines.
3459	(b)  "Initial enrollment" means the first day of class.
3460	(c)(b)  The term "Institution of higher education" means
3461	any public community college or state university.
3462	(d)(c)  A "Legal resident" or "resident" means is a person
3463	who has maintained his or her residence in this state for the
3464	preceding year, has purchased a home which is occupied by him or
3465	her as his or her residence, or has established a domicile in
3466	this state pursuant to s. 222.17.
3467	(e)  "Nonresident for tuition purposes" means a person who
3468	does not qualify for the in-state tuition rate.
3469	(f)(d)  The term "Parent" means the natural or adoptive
3470	parent or legal guardian of a dependent child.
3471	(g)(e)  A "Resident for tuition purposes" means is a person
3472	who qualifies as provided in subsection (2) for the in-state
3473	tuition rate; a "nonresident for tuition purposes" is a person
3474	who does not qualify for the in-state tuition rate.
3475	(2)(a)  To qualify as a resident for tuition purposes:
3476	1.  A person or, if that person is a dependent child, his
3477	or her parent or parents must have established legal residence
3478	in this state and must have maintained legal residence in this
3479	state for at least 12 consecutive months immediately prior to
3480	his or her initial enrollment in a postsecondary education
3481	program in this state qualification.
3482	2.  Every applicant for admission to an institution of
3483	higher education or to a workforce education program offered by
3484	a school district shall be required to make a statement as to
3485	his or her length of residence in the state and, further, shall
3486	establish that his or her presence or, if the applicant is a
3487	dependent child, the presence of his or her parent or parents in
3488	the state currently is, and during the requisite 12-month
3489	qualifying period was, for the purpose of maintaining a bona
3490	fide domicile, rather than for the purpose of maintaining a mere
3491	temporary residence or abode incident to enrollment in an
3492	institution of higher education or a workforce education program
3493	offered by a school district.
3494	3.  Each institution of higher education or each school
3495	district that offers a workforce education program must
3496	determine whether an applicant who has been granted admission is
3497	a dependent child.
3498	4.  Each institution of higher education or each school
3499	district that offers a workforce education program must
3500	affirmatively determine that an applicant who has been granted
3501	admission as a Florida resident meets the residency requirements
3502	of this section at the time of initial enrollment.
3503	(b)  However, with respect to a dependent child living with
3504	an adult relative other than the child's parent, such child may
3505	qualify as a resident for tuition purposes if the adult relative
3506	is a legal resident who has maintained legal residence in this
3507	state for at least 12 consecutive months immediately prior to
3508	the child's initial enrollment in a postsecondary education
3509	program in this state qualification, provided the child has
3510	resided continuously with such relative for the 5 years
3511	immediately prior to the child's initial enrollment
3512	qualification, during which time the adult relative has
3513	exercised day-to-day care, supervision, and control of the
3514	child.
3515	(c)  The legal residence of a dependent child whose parents
3516	are divorced, separated, or otherwise living apart will be
3517	deemed to be this state if either parent is a legal resident of
3518	this state, regardless of which parent is entitled to claim, and
3519	does in fact claim, the minor as a dependent pursuant to federal
3520	individual income tax provisions.
3521	(d)  A person who is classified as a nonresident for
3522	tuition purposes may become eligible for reclassification as a
3523	resident for tuition purposes if that person or, if that person
3524	is a dependent child, his or her parent presents documentation
3525	that supports permanent residency in this state rather than
3526	temporary residency for the purpose of pursuing an education,
3527	such as documentation of full-time permanent employment for the
3528	previous 12 months or the purchase of a home in this state and
3529	residence therein for the prior 12 months. If a person who is a
3530	dependent child and his or her parent move to this state while
3531	such child is a high school student and the child graduates from
3532	a high school in this state, the child may become eligible for
3533	reclassification as a resident for tuition purposes when the
3534	parent qualifies for permanent residency.
3535	(3)  An individual shall not be classified as a resident
3536	for tuition purposes and, thus, shall not be eligible to receive
3537	the in-state tuition rate until he or she has provided such
3538	evidence related to legal residence and its duration or, if that
3539	individual is a dependent child, documentation of his or her
3540	parent's legal residence and its duration, as well as
3541	documentation confirming his or her status as a dependent child,
3542	as may be required by law and by officials of the institution of
3543	higher education or officials of the school district offering
3544	the workforce education program from which he or she seeks the
3545	in-state tuition rate.
3546	(4)  With respect to a dependent child, the legal residence
3547	of such individual's parent or parents is prima facie evidence
3548	of the individual's legal residence, which evidence may be
3549	reinforced or rebutted, relative to the age and general
3550	circumstances of the individual, by the other evidence of legal
3551	residence required of or presented by the individual. However,
3552	the legal residence of an individual whose parent or parents are
3553	domiciled outside this state is not prima facie evidence of the
3554	individual's legal residence if that individual has lived in
3555	this state for 5 consecutive years prior to enrolling or
3556	reregistering at the institution of higher education or
3557	enrolling or reregistering in a workforce education program
3558	offered by a school district at which resident status for
3559	tuition purposes is sought.
3560	(5)  In making a domiciliary determination related to the
3561	classification of a person as a resident or nonresident for
3562	tuition purposes, the domicile of a married person, irrespective
3563	of sex, shall be determined, as in the case of an unmarried
3564	person, by reference to all relevant evidence of domiciliary
3565	intent. For the purposes of this section:
3566	(a)  A person shall not be precluded from establishing or
3567	maintaining legal residence in this state and subsequently
3568	qualifying or continuing to qualify as a resident for tuition
3569	purposes solely by reason of marriage to a person domiciled
3570	outside this state, even when that person's spouse continues to
3571	be domiciled outside of this state, provided such person
3572	maintains his or her legal residence in this state.
3573	(b)  A person shall not be deemed to have established or
3574	maintained a legal residence in this state and subsequently to
3575	have qualified or continued to qualify as a resident for tuition
3576	purposes solely by reason of marriage to a person domiciled in
3577	this state.
3578	(c)  In determining the domicile of a married person,
3579	irrespective of sex, the fact of the marriage and the place of
3580	domicile of such person's spouse shall be deemed relevant
3581	evidence to be considered in ascertaining domiciliary intent.
3582	(6)  Any nonresident person, irrespective of sex, who
3583	marries a legal resident of this state or marries a person who
3584	later becomes a legal resident may, upon becoming a legal
3585	resident of this state, accede to the benefit of the spouse's
3586	immediately precedent duration as a legal resident for purposes
3587	of satisfying the 12-month durational requirement of this
3588	section.
3589	(7)  A person shall not lose his or her resident status for
3590	tuition purposes solely by reason of serving, or, if such person
3591	is a dependent child, by reason of his or her parent's or
3592	parents' serving, in the Armed Forces outside this state.
3593	(8)  A person who has been properly classified as a
3594	resident for tuition purposes but who, while enrolled in an
3595	institution of higher education or a workforce education program
3596	offered by a school district in this state, loses his or her
3597	resident tuition status because the person or, if he or she is a
3598	dependent child, the person's parent or parents establish
3599	domicile or legal residence elsewhere shall continue to enjoy
3600	the in-state tuition rate for a statutory grace period, which
3601	period shall be measured from the date on which the
3602	circumstances arose that culminated in the loss of resident
3603	tuition status and shall continue for 12 months. However, if the
3604	12-month grace period ends during a semester or academic term
3605	for which such former resident is enrolled, such grace period
3606	shall be extended to the end of that semester or academic term.
3607	(9)  Any person who ceases to be enrolled in at or who
3608	graduates from an institution of higher education or a workforce
3609	education program offered by a school district while classified
3610	as a resident for tuition purposes and who subsequently abandons
3611	his or her domicile in this state shall be permitted to reenroll
3612	in at an institution of higher education or a workforce
3613	education program offered by a school district in this state as
3614	a resident for tuition purposes without the necessity of meeting
3615	the 12-month durational requirement of this section if that
3616	person has reestablished his or her domicile in this state
3617	within 12 months of such abandonment and continuously maintains
3618	the reestablished domicile during the period of enrollment. The
3619	benefit of this subsection shall not be accorded more than once
3620	to any one person.
3621	(10)  The following persons shall be classified as
3622	residents for tuition purposes:
3623	(a)  Active duty members of the Armed Services of the
3624	United States residing or stationed in this state, their
3625	spouses, and dependent children, and active members of the
3626	Florida National Guard who qualify under s. 250.10(7) and (8)
3627	for the tuition assistance program.
3628	(b)  Active duty members of the Armed Services of the
3629	United States, and their spouses and dependent children,
3630	dependents attending a public community college or state
3631	university within 50 miles of the military establishment where
3632	they are stationed, if such military establishment is within a
3633	county contiguous to Florida.
3634	(c)  United States citizens living on the Isthmus of
3635	Panama, who have completed 12 consecutive months of college work
3636	at the Florida State University Panama Canal Branch, and their
3637	spouses and dependent children.
3638	(d)  Full-time instructional and administrative personnel
3639	employed by state public schools, community colleges, and
3640	institutions of higher education, as defined in s. 1000.04, and
3641	their spouses and dependent children.
3642	(e)  Students from Latin America and the Caribbean who
3643	receive scholarships from the federal or state government. Any
3644	student classified pursuant to this paragraph shall attend, on a
3645	full-time basis, a Florida institution of higher education.
3646	(f)  Southern Regional Education Board's Academic Common
3647	Market graduate students attending Florida's state universities.
3648	(g)  Full-time employees of state agencies or political
3649	subdivisions of the state when the student fees are paid by the
3650	state agency or political subdivision for the purpose of job-
3651	related law enforcement or corrections training.
3652	(h)  McKnight Doctoral Fellows and Finalists who are United
3653	States citizens.
3654	(i)  United States citizens living outside the United
3655	States who are teaching at a Department of Defense Dependent
3656	School or in an American International School and who enroll in
3657	a graduate level education program which leads to a Florida
3658	teaching certificate.
3659	(j)  Active duty members of the Canadian military residing
3660	or stationed in this state under the North American Aerospace
3661	Defense Command Air Defense (NORAD) agreement, and their spouses
3662	and dependent children, attending a community college or state
3663	university within 50 miles of the military establishment where
3664	they are stationed.
3665	(k)  Active duty members of a foreign nation's military who
3666	are serving as liaison officers and are residing or stationed in
3667	this state, and their spouses and dependent children, attending
3668	a community college or state university within 50 miles of the
3669	military establishment where the foreign liaison officer is
3670	stationed.
3671	(l)  Full-time employees of international multilateral
3672	organizations based in Florida that are recognized by the United
3673	States Department of State and their spouses and dependent
3674	children.
3675	(11)  A student, other than a nonimmigrant alien within the
3676	meaning of 8 U.S.C. s. 1101(a)(15), who meets all of the
3677	following requirements may apply for an exemption from paying
3678	nonresident tuition at community colleges and state
3679	universities:
3680	(a)  The student has resided in Florida with a parent, as
3681	defined in paragraph (1)(f), for at least 3 consecutive years
3682	immediately preceding the date the student received a high
3683	school diploma or its equivalent and has attended a Florida high
3684	school for at least 3 consecutive school years during such time.
3685	(b)  The student has registered and enrolled in a community
3686	college or a state university. The student may apply for a term
3687	deferral of any out-of-state fee assessed by the institution
3688	until eligibility for the exemption is determined.
3689	(c)  The student has provided the community college or
3690	state university an affidavit stating that the student will file
3691	an application to become a permanent resident of the United
3692	States at the earliest opportunity he or she is eligible to do
3693	so.
3694	(d)  The student has submitted an application for the
3695	exemption to the community college or state university in the
3696	manner prescribed by the Department of Education.
3697
3698	The exemption authorized pursuant to this subsection shall be
3699	limited to the top 2,000 students in academic performance in
3700	Florida high schools who register and enroll at a community
3701	college or state university under the exemption. The Department
3702	of Education shall administer the exemption program and shall
3703	develop an application form and guidelines for student
3704	participation. The community college or state university shall
3705	enter all application criteria submitted by the student into the
3706	department's online database, in the manner and timeframe
3707	prescribed by the department, for final determination by the
3708	department of the student's eligibility to receive the
3709	exemption.
3710	(12)(11)  The State Board of Education shall by rule
3711	designate classifications of students as residents or
3712	nonresidents for tuition purposes at community colleges and
3713	state universities.
3714	Section 74.  Subsections (1), (3), and (11) of section
3715	1009.23, Florida Statutes, are amended to read:
3716	1009.23  Community college student fees.--
3717	(1)  Unless otherwise provided, the provisions of this
3718	section applies apply only to fees charged for college credit
3719	instruction leading to an associate in arts degree, an associate
3720	in applied science degree, or an associate in science degree, or
3721	a baccalaureate degree authorized by the State Board of
3722	Education pursuant to s. 1007.33 and for noncollege credit
3723	college-preparatory courses defined in s. 1004.02.
3724	(3)  The State Board of Education shall adopt by December
3725	31 of each year a resident fee schedule for the following fall
3726	for advanced and professional programs, associate in science
3727	degree programs, baccalaureate degree programs authorized by the
3728	State Board of Education pursuant to s. 1007.33, and college-
3729	preparatory programs that produce revenues in the amount of 25
3730	percent of the full prior year's cost of these programs. Fees
3731	for courses in college-preparatory programs and associate in
3732	arts and associate in science degree programs may be established
3733	at the same level. In the absence of a provision to the contrary
3734	in an appropriations act, the fee schedule shall take effect and
3735	the colleges shall expend the funds on instruction. If the
3736	Legislature provides for an alternative fee schedule in an
3737	appropriations act, the fee schedule shall take effect the
3738	subsequent fall semester.
3739	(11)(a)  Each community college board of trustees may
3740	establish a separate fee for capital improvements, technology
3741	enhancements, or equipping student buildings which may not
3742	exceed 10 percent of tuition for resident students or 10 percent
3743	of the sum of tuition and out-of-state fees for nonresident
3744	students. The fee for resident students shall be limited to an
3745	increase of $2 per credit hour over the prior year $1 per credit
3746	hour or credit-hour equivalent for residents and which equals or
3747	exceeds $3 per credit hour for nonresidents. Funds collected by
3748	community colleges through these fees may be bonded only as
3749	provided in this subsection for the purpose of financing or
3750	refinancing new construction and equipment, renovation, or
3751	remodeling of educational facilities. The fee shall be collected
3752	as a component part of the tuition and fees, paid into a
3753	separate account, and expended only to construct and equip,
3754	maintain, improve, or enhance the educational facilities of the
3755	community college. Projects funded through the use of the
3756	capital improvement fee shall meet the survey and construction
3757	requirements of chapter 1013. Pursuant to s. 216.0158, each
3758	community college shall identify each project, including
3759	maintenance projects, proposed to be funded in whole or in part
3760	by such fee.
3761	(b)  Capital improvement fee revenues may be pledged by a
3762	board of trustees as a dedicated revenue source to the repayment
3763	of debt, including lease-purchase agreements with an overall
3764	term, including renewals, extensions, and refundings, of not
3765	more than 7 years and revenue bonds, with a term not to exceed
3766	20 annual maturities years, and not to exceed the useful life of
3767	the asset being financed, only for financing or refinancing of
3768	the new construction and equipment, renovation, or remodeling of
3769	educational facilities. Community colleges may use the services
3770	of the Division of Bond Finance of the State Board of
3771	Administration to issue any Bonds authorized through the
3772	provisions of this subsection shall be. Any such bonds issued by
3773	the Division of Bond Finance upon the request of the community
3774	college board of trustees shall be in compliance with the
3775	provisions of s. 11(d), Art. VII of the State Constitution and
3776	the State Bond Act. The Division of Bond Finance may pledge fees
3777	collected by one or more community colleges to secure such
3778	bonds. Any project included in the approved educational plant
3779	survey pursuant to chapter 1013 is approved pursuant to s.
3780	11(d), Art. VII of the State Constitution.
3781	(c)  The state does hereby covenant with the holders of the
3782	bonds issued under this subsection that it will not take any
3783	action that will materially and adversely affect the rights of
3784	such holders so long as the bonds authorized by this subsection
3785	are outstanding.
3786	(d)  Any validation of the bonds issued pursuant to the
3787	State Bond Act shall be validated in the manner provided by
3788	chapter 75. Only the initial series of bonds is required to be
3789	validated. The complaint for such validation shall be filed in
3790	the circuit court of the county where the seat of state
3791	government is situated, the notice required to be published by
3792	s. 75.06 shall be published only in the county where the
3793	complaint is filed, and the complaint and order of the circuit
3794	court shall be served only on the state attorney of the circuit
3795	in which the action is pending.
3796	(e)  A maximum of 15 percent cents per credit hour may be
3797	allocated from the capital improvement fee for child care
3798	centers conducted by the community college. The use of capital
3799	improvement fees for such purpose shall be subordinate to the
3800	payment of any bonds secured by the fees.
3801	Section 75.  Subsection (3) of section 1009.24, Florida
3802	Statutes, is amended to read:
3803	1009.24  State university student fees.--
3804	(3)(a)  The Legislature has the responsibility to establish
3805	tuition and fees.
3806	(b)  Within proviso in the General Appropriations Act and
3807	law, each board of trustees shall set undergraduate university
3808	tuition and fees.
3809	(c)  Except as otherwise provided by law, each board of
3810	trustees shall set university tuition and fees for graduate,
3811	graduate professional, and nonresident students, except that
3812	tuition and fees for graduate, graduate professional, and
3813	nonresident students who enroll prior to fall 2005 shall be
3814	established within proviso in the General Appropriations Act or
3815	by law. Tuition and fees for graduate, graduate professional,
3816	and nonresident students shall not exceed the average full-time
3817	nonresident tuition and fees for corresponding programs at
3818	public institutions that are members of the Association of
3819	American Universities. The annual percentage increase in tuition
3820	and fees established by each board of trustees pursuant to this
3821	paragraph for students enrolled prior to fall 2005 shall not
3822	exceed the annual percentage increase approved by the
3823	Legislature for resident undergraduate students. At least 20
3824	percent of the amount raised by tuition increases imposed
3825	pursuant to this paragraph shall be allocated by each university
3826	to need-based financial aid for students.
3827	(d)  The sum of the activity and service, health, and
3828	athletic fees a student is required to pay to register for a
3829	course shall not exceed 40 percent of the tuition established in
3830	law or in the General Appropriations Act. The tuition and fees
3831	established pursuant to paragraph (c) for graduate, graduate
3832	professional, and nonresident students shall not be subject to
3833	the 40 percent cap. No university shall be required to lower any
3834	fee in effect on the effective date of this act in order to
3835	comply with this subsection. Within the 40 percent cap,
3836	universities may not increase the aggregate sum of activity and
3837	service, health, and athletic fees more than 5 percent per year
3838	unless specifically authorized in law or in the General
3839	Appropriations Act. A university may increase its athletic fee
3840	to defray the costs associated with changing National Collegiate
3841	Athletic Association divisions. Any such increase in the
3842	athletic fee may exceed both the 40 percent cap and the 5
3843	percent cap imposed by this subsection. Any such increase must
3844	be approved by the athletic fee committee in the process
3845	outlined in subsection (11) and cannot exceed $2 per credit
3846	hour. Notwithstanding the provisions of ss. 1009.534, 1009.535,
3847	and 1009.536, that portion of any increase in an athletic fee
3848	pursuant to this subsection that causes the sum of the activity
3849	and service, health, and athletic fees to exceed the 40 percent
3850	cap or the annual increase in such fees to exceed the 5 percent
3851	cap shall not be included in calculating the amount a student
3852	receives for a Florida Academic Scholars award, a Florida
3853	Medallion Scholars award, or a Florida Gold Seal Vocational
3854	Scholars award. This subsection does not prohibit a university
3855	from increasing or assessing optional fees related to specific
3856	activities if payment of such fees is not required as a part of
3857	registration for courses.
3858	Section 76.  Section 1009.286, Florida Statutes, is created
3859	to read:
3860	1009.286  Additional student payment required for hours
3861	exceeding graduation requirements.--
3862	(1)  It is the intent of the Legislature to discourage
3863	undergraduate students in postsecondary education from exceeding
3864	the number of credit hours required to complete the students'
3865	respective degree programs. Accordingly, a student must pay 75
3866	percent over the in-state tuition rate for any credit hours that
3867	the student takes in excess of 120 percent of the number of
3868	credit hours required to complete the degree program in which he
3869	or she is enrolled.
3870	(2)  A student who is enrolled in a community college must
3871	pay 75 percent over the in-state tuition rate for credit hours
3872	that the student takes in excess of 120 percent of the credit
3873	hours required to earn an associate degree, except that a
3874	community college student who has earned the associate degree
3875	need not pay the full cost for a maximum of 24 credit hours
3876	taken while enrolled at a community college which apply to his
3877	or her baccalaureate degree.
3878	(3)  An undergraduate student who is enrolled in a state
3879	university must pay 75 percent over the in-state tuition rate
3880	for credit hours that the student takes in excess of 120 percent
3881	of the credit hours required to complete the degree program in
3882	which he or she is enrolled, regardless of whether those hours
3883	were taken while enrolled at a community college, a state
3884	university, or any private postsecondary institution if the
3885	student received state funds while enrolled at the private
3886	postsecondary institution.
3887	(4)  An undergraduate student who is enrolled in a
3888	baccalaureate degree program at a community college must pay 75
3889	percent over the in-state tuition rate for credit hours that the
3890	student takes in excess of 120 percent of the number of credit
3891	hours required to complete the degree program in which he or she
3892	is enrolled, regardless of whether those hours were taken while
3893	enrolled at a community college, a state university, or any
3894	private postsecondary institution if the student received state
3895	funds while enrolled at the private postsecondary institution.
3896	(5)  Credit hours earned under the following circumstances
3897	are not calculated as hours required to earn a  degree:
3898	(a)  College credits earned through an accelerated
3899	mechanism identified in s. 1007.27.
3900	(b)  Credit hours earned through internship programs.
3901	(c)  Credit hours required for certification,
3902	recertification, or certificate degrees.
3903	(d)  Credit hours in courses from which a student must
3904	withdraw due to reasons of medical or personal hardship.
3905	(e)  Credit hours taken by active-duty military personnel.
3906	(f)  Credit hours required to achieve a dual major
3907	undertaken while pursuing a degree.
3908	(g)  Remedial and English as a Second Language credit
3909	hours.
3910	(h)  Credit hours earned in military science courses
3911	(R.O.T.C.).
3912	(6)  Each postsecondary institution shall implement a
3913	process for notifying students regarding the provisions of this
3914	section. The notice shall be provided upon the student's initial
3915	enrollment in the institution and again upon the student earning
3916	the credit hours required to complete the degree program in
3917	which he or she is enrolled. Additionally, the notice shall
3918	recommend that the student meet with his or her academic advisor
3919	if the student intends to earn additional credit hours at the
3920	institution beyond those required for his or her enrolled degree
3921	program.
3922	(7)  The provisions of this section shall apply to freshmen
3923	who enroll in a state university or community college in fall
3924	2005 and thereafter.
3925	Section 77.  Paragraph (a) of subsection (1) of section
3926	1009.40, Florida Statutes, is amended, and subsection (5) is
3927	added to said section, to read:
3928	1009.40  General requirements for student eligibility for
3929	state financial aid and tuition assistance grants.--
3930	(1)(a)  The general requirements for eligibility of
3931	students for state financial aid awards and tuition assistance
3932	grants consist of the following:
3933	1.  Achievement of the academic requirements of and
3934	acceptance at a state university or community college; a nursing
3935	diploma school approved by the Florida Board of Nursing; a
3936	Florida college, university, or community college which is
3937	accredited by an accrediting agency recognized by the State
3938	Board of Education; any Florida institution the credits of which
3939	are acceptable for transfer to state universities; any career
3940	center; or any private career institution accredited by an
3941	accrediting agency recognized by the State Board of Education.
3942	2.  Residency in this state for no less than 1 year
3943	preceding the award of aid or a tuition assistance grant for a
3944	program established pursuant to s. 1009.50, s. 1009.51, s.
3945	1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s.
3946	1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s.
3947	1009.73, s. 1009.76, s. 1009.77, or s. 1009.89, s. 1009.891, or
3948	s. 1009.895. Residency in this state must be for purposes other
3949	than to obtain an education. Resident status for purposes of
3950	receiving state financial aid awards or tuition assistance
3951	grants shall be determined in the same manner as resident status
3952	for tuition purposes pursuant to s. 1009.21 and rules of the
3953	State Board of Education implementing s. 1009.21 and the
3954	postsecondary guidelines of the department.
3955	3.  Submission of certification attesting to the accuracy,
3956	completeness, and correctness of information provided to
3957	demonstrate a student's eligibility to receive state financial
3958	aid awards or tuition assistance grants. Falsification of such
3959	information shall result in the denial of any pending
3960	application and revocation of any award or grant currently held
3961	to the extent that no further payments shall be made.
3962	Additionally, students who knowingly make false statements in
3963	order to receive state financial aid awards or tuition
3964	assistance grants shall be guilty of a misdemeanor of the second
3965	degree subject to the provisions of s. 837.06 and shall be
3966	required to return all state financial aid awards or tuition
3967	assistance grants wrongfully obtained.
3968	(5)  A student who is attending a nonpublic for-profit or
3969	nonprofit institution is ineligible to receive more than one
3970	state award that is a tuition assistance grant during a single
3971	semester.
3972	Section 78.  Section 1009.66, Florida Statutes, is amended
3973	to read:
3974	1009.66  Nursing Student Loan Reimbursement Forgiveness
3975	Program.--
3976	(1)  To encourage qualified personnel to seek employment in
3977	areas of this state in which critical nursing shortages exist,
3978	there is established the Nursing Student Loan Reimbursement
3979	Forgiveness Program. The primary function of the program is to
3980	increase employment and retention of registered nurses and
3981	licensed practical nurses in nursing homes and hospitals in the
3982	state and in state-operated medical and health care facilities,
3983	public schools, birth centers, federally sponsored community
3984	health centers, family practice teaching hospitals, and
3985	specialty children's hospitals and the employment and retention
3986	of instructional faculty in nursing programs approved by the
3987	Board of Nursing by making repayments toward loans received by
3988	students from federal or state programs or commercial lending
3989	institutions for the support of postsecondary study in
3990	accredited or approved nursing programs or for the support of
3991	study in a preparatory course for foreign-trained nurses offered
3992	by an approved nursing program.
3993	(2)  To be eligible, a candidate must have graduated from
3994	an accredited or approved nursing program or have successfully
3995	completed a preparatory course for foreign-trained nurses
3996	offered by an approved nursing program and have received a
3997	Florida license as a licensed practical nurse or a registered
3998	nurse or a Florida certificate as an advanced registered nurse
3999	practitioner.
4000	(3)  Only loans to pay the costs of tuition, books, and
4001	living expenses shall be covered, at an amount not to exceed
4002	$4,000 for each year of education toward the degree obtained.
4003	(4)  From the funds available, the Department of Education
4004	Health may make loan principal repayments of up to $4,000 a year
4005	for up to 4 years on behalf of eligible candidates pursuant to
4006	subsection (2) selected graduates of an accredited or approved
4007	nursing program. All repayments shall be contingent upon
4008	continued proof of employment in the designated facilities in
4009	this state and shall be made directly to the holder of the loan
4010	or the lending institution for loans held by a lending
4011	institution. The state shall bear no responsibility for the
4012	collection of any interest charges or other remaining balance.
4013	In the event that the designated facilities are changed, a nurse
4014	shall continue to be eligible for loan reimbursement forgiveness
4015	as long as he or she continues to work in the facility for which
4016	the original loan repayment was made and otherwise meets all
4017	conditions of eligibility.
4018	(5)  There is created the Nursing Student Loan
4019	Reimbursement Forgiveness Trust Fund to be administered by the
4020	Department of Education Health pursuant to this section and s.
4021	1009.67 and department rules. The Chief Financial Officer shall
4022	authorize expenditures from the trust fund upon receipt of
4023	vouchers approved by the Department of Education Health. All
4024	moneys collected from the private health care industry and other
4025	private sources for the purposes of this section shall be
4026	deposited into the Nursing Student Loan Reimbursement
4027	Forgiveness Trust Fund. Any balance in the trust fund at the end
4028	of any fiscal year shall remain therein and shall be available
4029	for carrying out the purposes of this section and s. 1009.67.
4030	(6)  In addition to licensing fees imposed under part I of
4031	chapter 464, there is hereby levied and imposed an additional
4032	fee of $5, which fee shall be paid upon licensure or renewal of
4033	nursing licensure. Revenues collected from the fee imposed in
4034	this subsection shall be deposited in the Nursing Student Loan
4035	Reimbursement Forgiveness Trust Fund of the Department of
4036	Education Health and will be used solely for the purpose of
4037	carrying out the provisions of this section and s. 1009.67. Up
4038	to 50 percent of the revenues appropriated to implement this
4039	subsection may be used for the nursing scholarship loan program
4040	established pursuant to s. 1009.67.
4041	(7)  Funds contained in the Nursing Student Loan
4042	Reimbursement Forgiveness Trust Fund which are to be used for
4043	loan reimbursement forgiveness for those nurses employed by
4044	hospitals, birth centers, and nursing homes and for those nurses
4045	employed as instructional faculty in an approved nursing program
4046	must be matched on a dollar-for-dollar basis by contributions or
4047	tuition reductions from the employing institutions, except that
4048	this provision shall not apply to state-operated medical and
4049	health care facilities, community colleges, state universities,
4050	public schools, county health departments, federally sponsored
4051	community health centers, teaching hospitals as defined in s.
4052	408.07, family practice teaching hospitals as defined in s.
4053	395.805, or specialty hospitals for children as used in s.
4054	409.9119. An estimate of the annual trust fund dollars shall be
4055	made at the beginning of the fiscal year based on historic
4056	expenditures from the trust fund. Applicant requests shall be
4057	reviewed on a quarterly basis, and applicant awards shall be
4058	based on the following priority of employer until all such
4059	estimated trust funds are awarded: nursing programs approved by
4060	the Board of Nursing if the employer and the award recipient
4061	agree that the award recipient will spend a minimum of 75
4062	percent of his or her time providing instruction, developing
4063	curriculum, or advising or mentoring students for the duration
4064	of the award; state-operated medical and health care facilities;
4065	public schools; county health departments; federally sponsored
4066	community health centers; teaching hospitals as defined in s.
4067	408.07; family practice teaching hospitals as defined in s.
4068	395.805; specialty hospitals for children as used in s.
4069	409.9119; and other hospitals, birth centers, and nursing homes.
4070	(8)  The Department of Health may solicit technical
4071	assistance relating to the conduct of this program from the
4072	Department of Education.
4073	(8)(9)  The Department of Education Health is authorized to
4074	recover from the Nursing Student Loan Reimbursement Forgiveness
4075	Trust Fund its costs for administering the Nursing Student Loan
4076	Reimbursement Forgiveness Program.
4077	(9)(10)  The State Board of Education Department of Health
4078	may adopt rules necessary to administer this program.
4079	(10)(11)  This section shall be implemented only as
4080	specifically funded.
4081	(11)(12)  Students receiving a nursing scholarship loan
4082	pursuant to s. 1009.67 are not eligible to participate in the
4083	Nursing Student Loan Reimbursement Forgiveness Program.
4084	Section 79.  Section 1009.67, Florida Statutes, is amended
4085	to read:
4086	1009.67  Nursing Scholarship Loan Program.--
4087	(1)  There is established within the Department of
4088	Education Health a scholarship loan program for the purpose of
4089	attracting capable and promising students to the nursing
4090	profession.
4091	(2)  A scholarship loan applicant shall be enrolled in an
4092	approved nursing program leading to the award of an associate
4093	degree, a baccalaureate degree, or a graduate degree in nursing
4094	or enrolled in a preparatory course for foreign-trained nurses
4095	offered by an approved nursing program.
4096	(3)  A scholarship loan may be awarded for no more than 2
4097	years, in an amount not to exceed $8,000 per year. However,
4098	registered nurses pursuing a graduate degree for a faculty
4099	position or to practice as an advanced registered nurse
4100	practitioner may receive up to $12,000 per year. These amounts
4101	shall be adjusted by the amount of increase or decrease in the
4102	consumer price index for urban consumers published by the United
4103	States Department of Commerce.
4104	(4)  Credit for repayment of a scholarship loan shall be as
4105	follows:
4106	(a)  For each full year of scholarship loan assistance, the
4107	recipient agrees to work for 12 months in a faculty position in
4108	a college of nursing or community college nursing program in
4109	this state and spend a minimum of 75 percent of his or her time
4110	providing instruction, developing curriculum, or advising or
4111	mentoring students or agrees to work for 12 months at a health
4112	care facility in a medically underserved area as approved by the
4113	Department of Health. Scholarship loan recipients who attend
4114	school on a part-time basis shall have their employment service
4115	obligation prorated in proportion to the amount of scholarship
4116	loan payments received.
4117	(b)  Eligible health care facilities include nursing homes
4118	and hospitals in this state, state-operated medical or health
4119	care facilities, public schools, county health departments,
4120	federally sponsored community health centers, colleges of
4121	nursing in universities in this state, and community college
4122	nursing programs in this state, family practice teaching
4123	hospitals as defined in s. 395.805, or specialty children's
4124	hospitals as described in s. 409.9119. The recipient shall be
4125	encouraged to complete the service obligation at a single
4126	employment site. If continuous employment at the same site is
4127	not feasible, the recipient may apply to the department for a
4128	transfer to another approved health care facility.
4129	(c)  Any recipient who does not complete an appropriate
4130	program of studies, who does not become licensed, who does not
4131	accept employment as a nurse at an approved health care
4132	facility, or who does not complete 12 months of approved
4133	employment for each year of scholarship loan assistance received
4134	shall repay to the Department of Education Health, on a schedule
4135	to be determined by the department, the entire amount of the
4136	scholarship loan plus 18 percent interest accruing from the date
4137	of the scholarship payment. Repayment schedules and applicable
4138	interest rates shall be determined by rules of the State Board
4139	of Education. Moneys repaid shall be deposited into the Nursing
4140	Student Loan Reimbursement Forgiveness Trust Fund established in
4141	s. 1009.66. However, the department may provide additional time
4142	for repayment if the department finds that circumstances beyond
4143	the control of the recipient caused or contributed to the
4144	default.
4145	(5)  Scholarship loan payments shall be transmitted to the
4146	recipient upon receipt of documentation that the recipient is
4147	enrolled in an approved nursing program. The Department of
4148	Education Health shall develop a formula to prorate payments to
4149	scholarship loan recipients so as not to exceed the maximum
4150	amount per academic year.
4151	(6)  The State Board of Education Department of Health
4152	shall adopt rules, including rules to address extraordinary
4153	circumstances that may cause a recipient to default on either
4154	the school enrollment or employment contractual agreement, to
4155	implement this section.
4156	(7)  The Department of Education Health may recover from
4157	the Nursing Student Loan Reimbursement Forgiveness Trust Fund
4158	its costs for administering the nursing scholarship loan
4159	program.
4160	Section 80.  Section 1009.895, Florida Statutes, is created
4161	to read:
4162	1009.895  Florida Independent Collegiate Assistance Grant
4163	Program.--
4164	(1)  The Legislature finds and declares that independent
4165	institutions licensed by the Commission for Independent
4166	Education are an integral part of the higher education system in
4167	this state through which Florida residents seek higher
4168	education. The Legislature finds that a significant number of
4169	state residents choose to pursue higher education at these
4170	institutions and that these institutions and the students they
4171	educate and train make a substantial contribution to the
4172	development of the state's economy. The Legislature intends to
4173	create a tuition assistance grant program for state residents
4174	that is not based upon a student's financial need or other
4175	criteria upon which financial aid programs are based.
4176	(2)  The Florida Independent Collegiate Assistance Grant
4177	Program, to be known as the FICA Grant Program, is created as a
4178	student tuition assistance grant program.
4179	(a)  The program shall be administered by the Department of
4180	Education according to rules adopted by the State Board of
4181	Education.
4182	(b)  The department may issue a tuition assistance grant
4183	under the program to any full-time student who:
4184	1.  Meets student residency requirements as provided in s.
4185	1009.40(1)(a)2.
4186	2.  Is enrolled as a full-time undergraduate student in a
4187	campus-based program at an eligible independent institution of
4188	higher education as defined in this section and is seeking an
4189	associate degree or higher.
4190	3.  Is making satisfactory academic progress as defined by
4191	the independent institution of higher education in which the
4192	student is enrolled.
4193	4.  Enrolls in an undergraduate degree program that leads
4194	to employment in an occupation that is listed on a regional
4195	targeted occupations list of a Florida workforce board at the
4196	time of enrollment.
4197	(3)  An "eligible independent institution of higher
4198	education" is:
4199	(a)  An institution that is licensed by the Commission for
4200	Independent Education under chapter 1005, is accredited by an
4201	accrediting agency that is recognized by the United States
4202	Secretary of Education as a reliable authority as to the quality
4203	of education or training offered at its accredited institutions,
4204	and has established performance requirements for student
4205	achievement that include minimum objective quantitative
4206	standards, including completion rates and placement rates as
4207	determined by the department or the commission.
4208	(b)  An institution whose students are not eligible to
4209	participate in the Access to Better Learning and Education Grant
4210	Program or the William L. Boyd, IV, Florida Resident Access
4211	Grant Program.
4212	(4)  This section shall be implemented to the extent funded
4213	and authorized by law.
4214	Section 81.  Paragraph (z) is added to subsection (4) of
4215	section 1009.971, Florida Statutes, to read:
4216	1009.971  Florida Prepaid College Board.--
4217	(4)  FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.--The
4218	board shall have the powers and duties necessary or proper to
4219	carry out the provisions of ss. 1009.97-1009.984, including, but
4220	not limited to, the power and duty to:
4221	(z)  Provide for the transfer of ownership of an advance
4222	payment contract or a participation agreement by operation of
4223	law upon inheritance, devise, or bequest. An heir of a deceased
4224	purchaser or a deceased benefactor may make an application to
4225	the board under oath for a change in the purchaser or benefactor
4226	and, upon receipt of a completed application, the board may
4227	change the ownership of the advance payment contract or
4228	participation agreement, as appropriate, to the heir. The board
4229	shall specify by rule the information that must be included in
4230	the application. When the application is made by an heir of a
4231	deceased purchaser or deceased benefactor who died intestate, it
4232	shall not be necessary to accompany the application with an
4233	order of a probate court if the heir files with the board an
4234	affidavit stating that the estate is not indebted and the
4235	surviving spouse, if any, and the heirs, if any, have amicably
4236	agreed among themselves upon a division of the estate. If the
4237	deceased purchaser or deceased benefactor died testate, the
4238	application shall be accompanied by a certified copy of the
4239	will, if probated, and an affidavit stating that the estate is
4240	solvent with sufficient assets to pay all just claims or, if the
4241	will is not being probated, by a sworn copy of the will and an
4242	affidavit stating that the estate is not indebted. Upon the
4243	approval by the board of an application from an heir, the heir
4244	shall become the purchaser of the advance payment contract or
4245	the benefactor of the participation agreement. This subsection
4246	does not apply when a purchaser or benefactor has designated in
4247	writing to the board the person who will succeed to the
4248	ownership of the advance payment contract or participation
4249	agreement in the event of the purchaser's or benefactor's death,
4250	and that person survives the purchaser or benefactor.
4251	Section 82.  Subsection (5) of section 1009.972, Florida
4252	Statutes, is amended to read:
4253	1009.972  Florida Prepaid College Trust Fund.--
4254	(5)  Notwithstanding the provisions of chapter 717, funds
4255	associated with terminated advance payment contracts pursuant to
4256	s. 1009.98(4)(k) and canceled contracts for which no refunds
4257	have been claimed shall be retained by the board. The board
4258	shall establish procedures for notifying purchasers who
4259	subsequently cancel their advance payment contracts of any
4260	unclaimed refund and shall establish a time period after which
4261	no refund may be claimed by a purchaser who canceled a contract.
4262	The board may transfer funds retained from such terminated
4263	advance payment contracts and canceled contracts to the direct-
4264	support organization established pursuant to s. 1009.983 for the Florida Prepaid
4265	Tuition Scholarship Program to provide matching funds for
4266	prepaid tuition scholarships for economically disadvantaged
4267	youth who remain drug free and crime free and for children of members of
4268	the armed forces and Coast Guard of the United States who die while participating in the combat
4269	theater of operations for Operation Iraqi Freedom or Operation Enduring Freedom on or after the
4270	date on which this act becomes a law and were Florida residents at the time of their death or
4271	have listed Florida as their domicile at the time of their death.
4272	Section 83.  Subsection (3) and paragraph (k) of subsection
4273	(4) of section 1009.98, Florida Statutes, are amended to read:
4274	1009.98  Florida Prepaid College Program.--
4275	(3)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
4276	COLLEGES AND UNIVERSITIES AND TO CAREER CENTERS.--A qualified
4277	beneficiary may apply the benefits of an advance payment
4278	contract toward:
4279	(a)  An independent college or university that is located
4280	and chartered in Florida, that is not for profit, that is
4281	accredited by the Commission on Colleges of the Southern
4282	Association of Colleges and Schools or the Accrediting Council
4283	for Independent Colleges and Schools, and that confers degrees
4284	as defined in s. 1005.02.
4285	(b)  An out-of-state college or university that is not for
4286	profit and is accredited by a regional accrediting association,
4287	and that confers degrees.
4288	(c)  An applied technology diploma program or career
4289	certificate program conducted by a community college listed in
4290	s. 1004.02(2) or career center operated by a district school
4291	board.
4292
4293	The board shall transfer or cause to be transferred to the
4294	institution designated by the qualified beneficiary an amount
4295	not to exceed the redemption value of the advance payment
4296	contract at a state postsecondary institution.  If the cost of
4297	registration or housing fees at such institution is less than
4298	the corresponding fees at a state postsecondary institution, the
4299	amount transferred may not exceed the actual cost of
4300	registration and housing fees.  A transfer authorized under this
4301	subsection may not exceed the number of semester credit hours or
4302	semesters of dormitory residence contracted on behalf of a
4303	qualified beneficiary. The board may refuse to transfer the
4304	benefits of an advance payment contract to an otherwise eligible
4305	institution if the institution or its representatives distribute
4306	materials, regardless of form, that describe the use or transfer
4307	of the benefits of an advance payment contract and that have not
4308	been approved by the board. Notwithstanding any other provision
4309	in this section, an institution must be an "eligible educational
4310	institution" under s. 529 of the Internal Revenue Code to be
4311	eligible for the transfer of advance payment contract benefits.
4312	(4)  ADVANCE PAYMENT CONTRACTS.--The board shall develop
4313	advance payment contracts for registration and may develop
4314	advance payment contracts for dormitory residence as provided in
4315	this section. Advance payment contracts shall be exempt from
4316	chapter 517 and the Florida Insurance Code. Such contracts shall
4317	include, but not be limited to, the following:
4318	(k)  The period of time after which advance payment
4319	contracts that have not been terminated or the benefits used
4320	shall be considered terminated. Time expended by a qualified
4321	beneficiary as an active duty member of any of the armed
4322	services of the United States shall be added to the period of
4323	time specified by the board. No purchaser or qualified
4324	beneficiary whose advance payment contract is terminated
4325	pursuant to this paragraph shall be entitled to a refund.
4326	Notwithstanding chapter 717, the board shall retain any moneys
4327	paid by the purchaser for an advance payment contract that has
4328	been terminated in accordance with this paragraph. Such moneys
4329	may be transferred to the direct-support organization established pursuant to s.
4330	1009.983 for the  Florida Prepaid Tuition Scholarship Program to
4331	provide matching funds for prepaid tuition scholarships for
4332	economically disadvantaged youths who remain drug free and crime
4333	free and for children of members of the armed forces and Coast Guard of the United States
4334	who die while participating in the combat theater of operations for Operation Iraqi Freedom or
4335	Operation Enduring Freedom on or after the date on which this act becomes a law and were
4336	Florida residents at the time of their death or have listed Florida as their domicile at the time of
4337	their death.
4338	Section 84.  Paragraph (b) of subsection (2) of section
4339	1009.981, Florida Statutes, is amended to read:
4340	1009.981  Florida College Savings Program.--
4341	(2)  PARTICIPATION AGREEMENTS.--
4342	(b)  The board shall develop a participation agreement
4343	which shall be the agreement between the board and each
4344	benefactor, which may include, but is not limited to:
4345	1.  The name, date of birth, and social security number of
4346	the designated beneficiary.
4347	2.  The amount of the contribution or contributions and
4348	number of contributions required from a benefactor on behalf of
4349	a designated beneficiary.
4350	3.  The terms and conditions under which benefactors shall
4351	remit contributions, including, but not limited to, the date or
4352	dates upon which each contribution is due. Deposits to the
4353	savings program by benefactors may only be in cash. Benefactors
4354	may contribute in a lump sum, periodically, in installments, or
4355	through electronic funds transfer or employer payroll
4356	deductions.
4357	4.  Provisions for late contribution charges and for
4358	default.
4359	5.  Provisions for penalty fees for withdrawals from the
4360	program.
4361	6.  The name of the person who may terminate participation
4362	in the program. The participation agreement must specify whether
4363	the account may be terminated by the benefactor, the designated
4364	beneficiary, a specific designated person, or any combination of
4365	these persons.
4366	7.  The terms and conditions under which an account may be
4367	terminated, modified, or converted, the name of the person
4368	entitled to any refund due as a result of termination of the
4369	account pursuant to such terms and conditions, and the amount of
4370	refund, if any, due to the person so named.
4371	8.  Penalties for distributions not used or made in
4372	accordance with s. 529 of the Internal Revenue Code.
4373	9.  Any charges or fees in connection with the
4374	administration of the savings fund.
4375	10.  The period of time after which each participation
4376	agreement shall be considered to be terminated. Time expended by
4377	a designated beneficiary as an active duty member of any of the
4378	armed services of the United States shall be added to the period
4379	specified pursuant to this subparagraph. Should a participation
4380	agreement be terminated, the balance of the account, after
4381	notice to the benefactor, shall be declared unclaimed and
4382	abandoned property. The board shall retain any moneys paid by
4383	the benefactor for a participation agreement that has been
4384	terminated in accordance with this subparagraph. Such moneys may
4385	be transferred to the direct-support organization established pursuant to s. 1009.983
4386	for the   Florida Prepaid Tuition Scholarship Program to provide
4387	matching funds for prepaid tuition scholarships for economically
4388	disadvantaged youths who remain drug free and crime free and for
4389	children of members of the armed forces and Coast Guard of the United States who die while
4390	participating in the combat theater of operations for Operation Iraqi Freedom or Operation
4391	Enduring Freedom on or after the date on which this act becomes a law and were Florida
4392	residents at the time of their death or have listed Florida as their domicile at the time of their
4393	death.
4394	11.  Other terms and conditions deemed by the board to be
4395	necessary or proper.
4396	Section 85.  Paragraph (i) of subsection (1) of section
4397	1011.62, Florida Statutes, is amended to read:
4398	1011.62  Funds for operation of schools.--If the annual
4399	allocation from the Florida Education Finance Program to each
4400	district for operation of schools is not determined in the
4401	annual appropriations act or the substantive bill implementing
4402	the annual appropriations act, it shall be determined as
4403	follows:
4404	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
4405	OPERATION.--The following procedure shall be followed in
4406	determining the annual allocation to each district for
4407	operation:
4408	(i)  Calculation of full-time equivalent membership with
4409	respect to dual enrollment instruction from community colleges
4410	or state universities.--Students enrolled in community college
4411	or university dual enrollment instruction pursuant to s.
4412	1007.271 may be included in calculations of full-time equivalent
4413	student memberships for basic programs for grades 9 through 12
4414	by a district school board. Dual enrollment instruction of high
4415	school students that is eligible for high school and
4416	postsecondary credit shall be reported by the school district in
4417	an amount equal to the hours of instruction that would be
4418	necessary to earn the FTE for the equivalent course if it were
4419	taught in the school district. Such students may also be
4420	calculated as the proportional shares of full-time equivalent
4421	enrollments they generate for a the community college or
4422	university conducting the dual enrollment instruction. Early
4423	admission students shall be considered dual enrollments for
4424	funding purposes. Students may be enrolled in dual enrollment
4425	instruction provided by an eligible independent college or
4426	university and may be included in calculations of full-time
4427	equivalent student memberships for basic programs for grades 9
4428	through 12 by a district school board. However, those provisions
4429	of law which exempt dual enrolled and early admission students
4430	from payment of instructional materials and tuition and fees,
4431	including laboratory fees, shall not apply to students who
4432	select the option of enrolling in an eligible independent
4433	institution. An independent college or university which is
4434	located and chartered in Florida, is not for profit, is
4435	accredited by the Commission on Colleges of the Southern
4436	Association of Colleges and Schools or the Accrediting Council
4437	for Independent Colleges and Schools, and which confers degrees
4438	as defined in s. 1005.02 shall be eligible for inclusion in the
4439	dual enrollment or early admission program. Students enrolled in
4440	dual enrollment instruction shall be exempt from the payment of
4441	tuition and fees, including laboratory fees. No student enrolled
4442	in college credit mathematics or English dual enrollment
4443	instruction shall be funded as a dual enrollment unless the
4444	student has successfully completed the relevant section of the
4445	entry-level examination required pursuant to s. 1008.30.
4446	Section 86.  Section 1011.83, Florida Statutes, is amended
4447	to read:
4448	1011.83  Financial support of community colleges.--
4449	(1)  Each community college that has been approved by the
4450	Department of Education and meets the requirements of law and
4451	rules of the State Board of Education shall participate in the
4452	Community College Program Fund. However, funds to support
4453	workforce education programs conducted by community colleges
4454	shall be provided pursuant to s. 1011.80.
4455	(2)  Funding for baccalaureate degree programs approved
4456	pursuant to s. 1007.33 shall be specified in the General
4457	Appropriations Act. A student in a baccalaureate degree program
4458	approved pursuant to s. 1007.33 who is not classified as a
4459	resident for tuition purposes pursuant to s. 1009.21 shall not
4460	be included in calculations of full-time equivalent enrollments
4461	for state funding purposes.
4462	(3)  Funds specifically appropriated by the Legislature for
4463	baccalaureate degree programs approved pursuant to s. 1007.033
4464	may be used only for such programs. A new baccalaureate degree
4465	program may not accept students without a recurring legislative
4466	appropriation for this purpose. However, community colleges that
4467	have been approved by the State Board of Education prior to July
4468	1, 2005, to offer baccalaureate degrees are not subject to the
4469	requirement for recurring funds until the 2006-2007 budget year.
4470	(4)  A community college that grants baccalaureate degrees
4471	shall maintain reporting and funding distinctions between any
4472	baccalaureate degree program approved under s. 1007.33 and any
4473	other baccalaureate degree programs involving traditional
4474	concurrent-use partnerships.
4475	Section 87.  Part VI of chapter 1011, Florida Statutes,
4476	consisting of sections 1011.96, 1011.965, 1011.97, and 1011.98,
4477	is created to read:
4478	1011.96  SUCCEED, FLORIDA! Crucial Professionals Program.--
4479	(1)  The SUCCEED, FLORIDA! Crucial Professionals Program is
4480	established to award funds to accredited postsecondary
4481	educational institutions in the state on a competitive basis to
4482	offer programs that meet the critical workforce needs of the
4483	state and to maximize the number of diplomas, certificates, and
4484	degrees that are awarded to postsecondary education students in
4485	fields vital to the citizens of the state.
4486	(2)  Beginning with the 2006-2007 fiscal year, funds
4487	appropriated by the Legislature to the Department of Education
4488	for the SUCCEED, FLORIDA! Crucial Professionals Program shall be
4489	distributed according to the provisions of this section.
4490	(3)  The department shall develop and issue annually a
4491	request for proposals. The department shall establish
4492	application procedures, guidelines, accountability measures, and
4493	timelines for implementation of the grant program.
4494	(4)  Proposals for a grant authorized pursuant to this
4495	section must:
4496	(a)  Indicate the number of students to be served, the
4497	length of the proposed program, and the total projected cost to
4498	students and the state. Funds for a grant provided pursuant to
4499	this section must be used to support new students and not to
4500	supplant current funding or students.
4501	(b)  Document the workforce need to be addressed.
4502	(c)  Demonstrate a pool of qualified applicants.
4503	(d)  Include a plan to increase the minority graduation
4504	rate and minority presence in the workforce.
4505	(e)  Be submitted by an accredited public or nonpublic
4506	postsecondary educational institution in the state that provides
4507	postsecondary instruction in a field specified in the priority
4508	list established pursuant to subsection (5). For purposes of
4509	this section, postsecondary educational institutions include
4510	school district career centers that offer postsecondary
4511	programs.
4512	(f)  Indicate the number of postsecondary diplomas,
4513	certificates, or degrees that the institution will award using
4514	funds received pursuant to this section and the fields in which
4515	the diplomas, certificates, or degrees will be awarded.
4516	(g)  Indicate how the funds received will leverage private
4517	industry contributions, grants, or scholarships and how the
4518	funds will be used to offset costs to the state for program
4519	startup or expansion or to offset student tuition costs.
4520	(5)  By March 1, 2006, and annually thereafter, the State
4521	Board of Education, the Board of Governors, and the board of
4522	directors of Workforce Florida, Inc., shall each advise the
4523	Legislature of the state's most pressing workforce needs for
4524	postsecondary instruction and the geographic locations of these
4525	needs. The Legislature shall annually establish a priority list
4526	for funds provided pursuant to this section in the General
4527	Appropriations Act.
4528	(6)  The rankings and decisions of the request-for-
4529	proposals process shall be made by the State Board of Education
4530	based on the priority list established pursuant to subsection
4531	(5).
4532	(7)  Grant recipients must enter into a contract with the
4533	state to produce a specific number of graduates in the
4534	designated program within a specific time period. Grant
4535	recipients must submit periodic reports to the department
4536	documenting compliance with the accountability measures
4537	established by the department.
4538	(8)  Subsequent to the first year of funding for the
4539	SUCCEED, FLORIDA! Crucial Professionals Program, priority for
4540	awarding grants shall be for renewal grants to programs that are
4541	making adequate progress toward their contracted production,
4542	including nursing programs and teaching programs at institutions
4543	that received funding from the SUCCEED, FLORIDA! Crucial
4544	Professionals Program during the 2005-2006 fiscal year. Renewal
4545	award amounts shall be tied to student retention; the production
4546	of degrees, certificates, or diplomas; the number of graduates
4547	placed in the targeted professions in the state; or other
4548	accountability measures determined by the department.
4549	1011.965  SUCCEED, FLORIDA! Crucial Professionals Nursing
4550	Education Grant Program.--The SUCCEED, FLORIDA! Crucial
4551	Professionals Nursing Education Grant Program is established as
4552	a contract grant program within the Department of Education to
4553	increase the capacity of nursing programs approved by the Board
4554	of Nursing at postsecondary educational institutions to produce
4555	more nurses or nursing faculty to enter the workforce in the
4556	state. The department shall establish application procedures,
4557	guidelines, accountability measures, and timelines for
4558	implementation of the grant program and advise all Board of
4559	Nursing approved programs accordingly.
4560	(1)  Proposals for a grant authorized pursuant to this
4561	section must:
4562	(a)  Indicate the number of students to be served, the
4563	length of the proposed program, and the projected cost.
4564	(b)  Document the workforce need to be addressed through
4565	the expanded capacity of the existing nursing program.
4566	(c)  Demonstrate a pool of qualified applicants to fill the
4567	expanded capacity.
4568	(2)  Funds for a grant provided pursuant to this section
4569	must be used to support new students and not to supplant current
4570	funding or students. An institution applying for a grant must
4571	certify to the department that it will not reduce funding or the
4572	current level of enrollment in its existing nursing program. Any
4573	such reduction shall result in a pro rata reduction in the grant
4574	awarded pursuant to this section.
4575	(3)  Priority in the awarding of new grants authorized
4576	pursuant to this section shall be given to proposals that comply
4577	with three or more of the following:
4578	(a)  Proposals that result in new nurses in the workforce
4579	or nurses moving to a higher level on the career ladder.
4580	(b)  Proposals that could be implemented as early as the
4581	fall 2005.
4582	(c)  Proposals that include partnerships or collaborations
4583	with other institutions, programs, or health care providers.
4584	(d)  Proposals for programs offered at the worksite or
4585	through distance learning that permit nurses to achieve a higher
4586	level of nursing licensure.
4587	(e)  Proposals for accelerated programs that shorten the
4588	time required to receive a diploma, certificate, or degree;
4589	obtain licensure; and enter the workforce.
4590	(f)  Proposals that target exiting military personnel or
4591	other persons interested in making career changes.
4592	(g)  Proposals from nursing programs with demonstrated
4593	success as evidenced by graduation rates, licensure examination
4594	passage rates, and placement of graduates in nursing employment
4595	in the state.
4596	(h)  Proposals for programs that would address the state's
4597	need for rapid production of highly skilled clinical nurses and
4598	qualified nursing faculty, such as the fast-track baccalaureate
4599	to doctoral program, the Clinical Nurse Leader Program, and the
4600	Doctor of Nursing Practice program.
4601	(4)  Subsequent to the first year of funding for the grant
4602	program, priority for awarding grants shall be for renewal
4603	grants to nursing programs that are making adequate progress
4604	towards their contracted production.
4605	(5)  Grant recipients must enter into a contract between
4606	the postsecondary educational institution and the state to
4607	produce a specific number of nursing graduates within a specific
4608	time period.
4609	(6)  Nursing programs receiving grants pursuant to this
4610	section must submit periodic reports to the department
4611	documenting compliance with the accountability measures
4612	established by the department. Award amounts in subsequent years
4613	shall be tied to student retention; the production of degrees,
4614	certificates, or diplomas; and the number of graduates placed in
4615	a nursing position in the state.
4616	(7)  Proposals submitted pursuant to this section shall be
4617	reviewed by the Board of Nursing and the State Board of
4618	Education. Final approval and level of funding shall be
4619	determined by the State Board of Education with consideration
4620	given to comments submitted to the State Board of Education by
4621	the Board of Nursing.
4622	(8)  The State Board of Education shall monitor compliance
4623	with accountability requirements.
4624	(9)  By February 1, 2006, the State Board of Education
4625	shall submit a report to the President of the Senate and the
4626	Speaker of the House of Representatives on the status of
4627	implementation of the grant program.
4628	1011.97  SUCCEED, FLORIDA! Career Paths Program.--
4629	(1)  The SUCCEED, FLORIDA! Career Paths Program is
4630	established as a grant program within the Department of
4631	Education to provide startup grants to offset implementation
4632	costs of partnerships between a district school board or the
4633	Florida Virtual School and one or more businesses, industries,
4634	or postsecondary educational institutions to operate a career
4635	and professional academy pursuant to s. 1014.21. The Office of
4636	Career Education in the department shall administer the startup
4637	grants.
4638	(2)  A district school board or the Florida Virtual School
4639	may apply to the Office of Career Education for a grant which
4640	must be provided through a competitive process and may be used
4641	only for a career and professional academy.
4642	(3)  A high school that currently has a career academy,
4643	career institute, industry-certified program, or
4644	preapprenticeship program as well as a charter technical career
4645	center shall be eligible to apply for a grant to redesign its
4646	programs to meet the rigorous and relevant academic standards of
4647	a career and professional academy.
4648	(4)  Curriculum and content developed in a career and
4649	professional academy as a result of a startup grant shall be
4650	made available to all school districts.
4651	1011.98  SUCCEED, FLORIDA! Great Jobs Program.--
4652	(1)  The SUCCEED, FLORIDA! Great Jobs Program is
4653	established to award funds to public and private postsecondary
4654	educational institutions in the state on a competitive basis to
4655	produce more qualified and trained graduates to enter high-
4656	skill, high-wage occupations in the state.
4657	(2)  Beginning with the 2006-2007 fiscal year, funds
4658	appropriated by the Legislature to the Department of Education
4659	for the SUCCEED, FLORIDA! Great Jobs Program shall be
4660	distributed according to the provisions of this section.
4661	(3)  The department shall develop and issue annually a
4662	request for proposals. The department shall establish
4663	application procedures, guidelines, accountability measures, and
4664	timelines for implementation of the grant program.
4665	(4)  Proposals for a grant authorized pursuant to this
4666	section must:
4667	(a)  Indicate the number of students to be served, the
4668	length of the proposed program, and the total projected cost to
4669	students and the state. Funds for a grant provided pursuant to
4670	this section must be used to support new students and not to
4671	supplant current funding or students.
4672	(b)  Document the workforce need to be addressed.
4673	(c)  Demonstrate a pool of qualified applicants.
4674	(d)  Be submitted by a public or nonpublic postsecondary
4675	educational institution in the state that provides postsecondary
4676	instruction in a field that produces graduates prepared to enter
4677	an occupation identified in the priority list established
4678	pursuant to subsection (5). For purposes of this section,
4679	postsecondary educational institutions include school district
4680	career centers that offer postsecondary programs.
4681	(e)  Indicate the number of postsecondary diplomas,
4682	certificates, or degrees that the institution will award using
4683	funds received pursuant to this section and the fields in which
4684	the diplomas, certificates, or degrees will be awarded.
4685	(f)  Indicate how the funds received will leverage private
4686	industry contributions, grants, or scholarships and how the
4687	funds will be used to offset costs to the state for program
4688	startup or expansion or to offset student tuition costs.
4689	(5)  By March 1, 2006, and annually thereafter, the State
4690	Board of Education, using information provided by the Workforce
4691	Estimating Conference pursuant to s. 216.136(9), shall advise
4692	the Legislature of the workforce needs in high-skill, high-wage
4693	occupations and the geographic locations of these needs. The
4694	Legislature shall annually establish a priority list for funds
4695	provided pursuant to this section in the General Appropriations
4696	Act.
4697	(6)  The State Board of Education must review proposals and
4698	determine funding to be provided based on the priority list
4699	established pursuant to subsection (5).
4700	(7)  Grant recipients must enter into a contract with the
4701	state to produce a specific number of graduates in the
4702	designated program within a specific time period. Grant
4703	recipients must submit periodic reports to the department
4704	documenting compliance with the accountability measures
4705	established by the department. The State Board of Education must
4706	monitor compliance with the accountability requirements.
4707	(8)  Final payments shall be tied to the number of degrees,
4708	certificates, or diplomas produced and the number of graduates
4709	placed in the state.
4710	Section 88.  Section 1012.82, Florida Statutes, is amended
4711	to read:
4712	1012.82  Teaching faculty; minimum teaching hours per
4713	week.--Each full-time member of the teaching faculty at any
4714	community college, including faculty who teach upper-division
4715	courses that are a component part of a baccalaureate degree
4716	program approved pursuant to s. 1007.33, who is paid wholly from
4717	funds appropriated from the community college program fund shall
4718	teach a minimum of 15 classroom contact hours per week at such
4719	institution. However, the required classroom contact hours per
4720	week may be reduced upon approval of the president of the
4721	institution in direct proportion to specific duties and
4722	responsibilities assigned the faculty member by his or her
4723	departmental chair or other appropriate college administrator.
4724	Such specific duties may include specific research duties,
4725	specific duties associated with developing television, video
4726	tape, or other specifically assigned innovative teaching
4727	techniques or devices, or assigned responsibility for off-campus
4728	student internship or work-study programs. A "classroom contact
4729	hour" consists of a regularly scheduled classroom activity of
4730	not less than 50 minutes in a course of instruction which has
4731	been approved by the community college board of trustees. Any
4732	full-time faculty member who is paid partly from community
4733	college program funds and partly from other funds or
4734	appropriations shall teach a minimum number of classroom contact
4735	hours per week in such proportion to 15 classroom contact hours
4736	as his or her salary paid from community college program funds
4737	bears to his or her total salary.
4738	Section 89.  Subsection (2) of section 1013.60, Florida
4739	Statutes, is amended to read:
4740	1013.60  Legislative capital outlay budget request.--
4741	(2)  The commissioner shall submit to the Governor and to
4742	the Legislature an integrated, comprehensive budget request for
4743	educational facilities construction and fixed capital outlay
4744	needs for school districts, community colleges, and
4745	universities, pursuant to the provisions of s. 1013.64 and
4746	applicable provisions of chapter 216. Each community college
4747	board of trustees and each university board of trustees shall
4748	submit to the commissioner a 3-year plan and data required in
4749	the development of the annual capital outlay budget. Community
4750	college boards of trustees may request funding for all
4751	authorized programs, including approved baccalaureate degree
4752	programs. Such a request for funding must be submitted as a part
4753	of the 3-year priority list for community colleges pursuant to
4754	s. 1013.64(4)(a). Enrollment in approved baccalaureate degree
4755	programs or baccalaureate degree programs offered under a formal
4756	agreement with another college or university pursuant to s.
4757	1007.33 may be computed into the survey of need for facilities
4758	if the partner is not defraying the cost. No further
4759	disbursements shall be made from the Public Education Capital
4760	Outlay and Debt Service Trust Fund to a board of trustees that
4761	fails to timely submit the required data until such board of
4762	trustees submits the data.
4763	Section 90.  Chapter 1014, Florida Statutes, consisting of
4764	sections 1014.01, 1014.05, 1014.15, 1014.18, and 1014.21, is
4765	created to read:
4766	1014.01  Career education.--
4767	(1)  As used in this chapter, the term "career education"
4768	includes career certificate programs, applied technology diploma
4769	programs, degree career education programs, apprenticeship and
4770	preapprenticeship programs, career academy programs, and other
4771	rigorous career education programs offered by school districts,
4772	the Florida Virtual School, and postsecondary educational
4773	institutions to prepare students for rewarding careers.
4774	(2)  The rigorous career education system shall:
4775	(a)  Prepare students in career education programs,
4776	including career and professional academies, to:
4777	1.  Succeed in postsecondary education.
4778	2.  Attain and sustain employment and have the opportunity
4779	to realize economic self-sufficiency.
4780	(b)  Prepare students to enter rewarding careers identified
4781	by the Workforce Estimating Conference, pursuant to s. 216.136,
4782	and other programs of critical state need as approved by
4783	Workforce Florida, Inc.
4784	(c)  Produce skilled employees for employers in the state
4785	pursuant to s. 445.006(1).
4786	1014.05  Guiding principles for career education.--
4787	(1)  All students should have the opportunity to graduate
4788	from high school ready to embark on rewarding careers and
4789	prepared for postsecondary education.
4790	(2)  Both secondary and postsecondary career education
4791	programs must include a rigorous and relevant academic program.
4792	(3)  Instructional delivery systems for both secondary and
4793	postsecondary career education programs should include qualified
4794	teachers delivering a career education curriculum in a relevant
4795	context with student-centered, research-based instructional
4796	strategies and a rigorous standards-based academic curriculum.
4797	1014.15  Deputy Commissioner of Career Education; Office of
4798	Career Education.--
4799	(1)  The position of Deputy Commissioner of Career
4800	Education is established in the Department of Education to
4801	direct the department's Office of Career Education established
4802	in s. 1001.20(4). The deputy commissioner shall be responsible
4803	for evaluating the role of public and private secondary and
4804	postsecondary educational programs in providing rigorous career
4805	education and reporting to the Commissioner of Education the
4806	effectiveness of such programs; developing in partnership with
4807	the business community and Workforce Florida, Inc., a statewide
4808	marketing plan for secondary career education to attract high
4809	school students into careers of critical state need; and
4810	promoting seamless articulation throughout the career education
4811	system. The deputy commissioner shall be a person with
4812	established business credentials or proven success in
4813	collaborating with the private sector in designing and
4814	implementing successful career education programs as described
4815	in s. 1014.21. The deputy commissioner shall be appointed by the
4816	Commissioner of Education and shall report to the commissioner.
4817	(2)  The Office of Career Education shall promote a
4818	seamless secondary through postsecondary career education system
4819	that is flexible, able to respond in a timely manner to student
4820	and workforce needs, and not controlled by any one education
4821	sector.
4822	1014.18  Legislative expectations and funding criteria for
4823	the career education system.--Legislative expectations and
4824	funding criteria for the rigorous career education system are as
4825	follows:
4826	(1)  Seamless career education articulation both vertically
4827	and horizontally.
4828	(2)  Creative career counseling strategies and enhanced
4829	guidance structures, including:
4830	(a)  A secondary and postsecondary academic and career
4831	education online student advising and guidance system that is
4832	student and parent friendly and partners with the business and
4833	industry community as well as postsecondary educational
4834	institutions in this state and other states.
4835	(b)  Promotion in middle school of secondary and
4836	postsecondary career education programs, including opportunities
4837	to participate in a career and professional academy. Such
4838	promotion shall take place through middle school exploratory
4839	courses and use of the secondary and postsecondary academic and
4840	career education online student advising and guidance system
4841	described in s. 1006.01.
4842	(c)  Involvement of Workforce Florida, Inc., and regional
4843	workforce boards.
4844	(d)  Partnerships with business and industry using tools,
4845	equipment, and systems used in the business setting, including
4846	internships, externships, and on-the-job training.
4847	(e)  Opportunities and encouragement for parent
4848	participation in secondary and postsecondary career education
4849	planning.
4850	(f)  Professional development programs to assist guidance
4851	counselors in using a mentor-teacher guidance model.
4852	(3)  Review of Sunshine State Standards for high school to
4853	ensure that they incorporate the appropriate rigor and relevance
4854	based on research-based programs that have been proven to be
4855	effective.
4856	(4)  Review, by December 1, 2006, of current high school
4857	graduation requirements and high school course enrollments to
4858	determine the effect of increasing high school graduation
4859	requirements to include four credits in mathematics and science
4860	and eliminate the options for satisfying Algebra I.
4861	(5)  Review of teaching practices and pedagogy in all
4862	teacher preparation pathways to ensure that future teachers are
4863	able to deliver rigorous instruction in a relevant manner using
4864	real world work experience to teach specific skills.
4865	(6)  Professional development for current teachers which
4866	focuses on student-centered instructional strategies that move
4867	students from the early learning stage of awareness to higher
4868	learning stages of analysis, adaptation, and application of
4869	knowledge.
4870	(7)  Development of career and professional academies,
4871	including:
4872	(a)  Rigorous and relevant academic standards and curricula
4873	and increased academic performance of students and schools using
4874	school-level accountability data.
4875	(b)  Best practices that include rigorous and relevant
4876	academic standards and curricula, are based on research and
4877	proven effective programs, and include preparation of high
4878	school graduates for rewarding careers and postsecondary
4879	education.
4880	(c)  A plan for replicating successful academies that
4881	demonstrate high performance in preparing students for both
4882	rewarding careers and postsecondary education and that respond
4883	to workforce needs.
4884	(8)  Significant improvements in coordination and quality
4885	of career education data collection, including comparison of
4886	diploma, certificate, and degree production to workforce needs;
4887	secondary and postsecondary career education program followup
4888	surveys to determine student outcomes; second-year postsecondary
4889	student resume postings on the Workforce Florida, Inc.,
4890	employment website; and submission of student enrollment and
4891	graduation information to the Florida Education and Training
4892	Placement Information Program.
4893	(9)  Elimination of waiting lists for rigorous secondary
4894	and postsecondary career education programs.
4895	(10)  Aggressive promotion of the Bright Futures Florida
4896	Gold Seal Vocational Scholarship as a career-enhancing
4897	scholarship applicable to all postsecondary career education
4898	programs.
4899	(11)  Establishment of secondary and postsecondary career
4900	education best practices for relevant student-centered,
4901	research-based instructional strategies.
4902	(12)  Regular review of all secondary career education
4903	courses to identify those courses equivalent to postsecondary
4904	career education courses based on course content for inclusion
4905	in dual enrollment programs.
4906	(13)  A marketing plan for secondary career education to
4907	attract high school students into careers of critical state
4908	need, developed in partnership with the business community and
4909	Workforce Florida, Inc., that includes:
4910	(a)  Direct statewide marketing to students and families in
4911	cooperation with Workforce Florida, Inc., and the Agency for
4912	Workforce Innovation.
4913	(b)  Business participation in all career education
4914	programs through the use of incentives.
4915	(c)  Professional recruiters to provide information and
4916	career opportunities.
4917	(d)  Advertisements and public service announcement
4918	campaigns designed by business representatives to inform
4919	students and their parents about career education programs and
4920	career and employment opportunities.
4921	(14)  Strong coordination with Workforce Florida, Inc., and
4922	the Agency for Workforce Innovation.
4923	(15)  Workforce skills-based training that assesses
4924	workforce skills and matches these skills with specific careers.
4925	(16)  Strong criteria and accountability measures for
4926	postsecondary career education programs, including increased
4927	participant completion rates, program accountability, and
4928	longitudinal program evaluation.
4929	(17)  Identification and elimination of low-performing and
4930	geographically duplicative career education programs.
4931	(18)  Incentives to encourage successful participant
4932	completion of postsecondary career education programs.
4933	(19)  A methodology for business experts to be able to
4934	teach career education subjects within their areas of expertise
4935	in postsecondary career education programs.
4936	(20)  Provision of postsecondary career education programs
4937	in time segments needed by business.
4938	(21)  Career education regional strategic plans coordinated
4939	with regional workforce boards, area chambers of commerce, local
4940	employers, school districts, career centers, and community
4941	colleges that address:
4942	(a)  Articulation agreements between secondary and
4943	postsecondary career education and college programs for a
4944	seamless transition of students and maximum transferability of
4945	coursework through the career education system.
4946	(b)  Career ladders for students from high school through
4947	higher levels of postsecondary training.
4948	(c)  Access to career education programs through multiple
4949	site offerings, short-term accelerated training options, and
4950	distance learning.
4951	(22)  Beginning December 31, 2005, and each year
4952	thereafter, an articulation audit for secondary and
4953	postsecondary career education that:
4954	(a)  Focuses on courses and programs within the industry
4955	sector targeted by Enterprise Florida, Inc., for economic
4956	development.
4957	(b)  Identifies specific improvements needed to maximize
4958	credit given to public and private secondary and postsecondary
4959	students.
4960	(c)  Identifies successful local articulation agreements
4961	that could be replicated statewide.
4962	(d)  Identifies courses in career centers that articulate
4963	to degree programs at postsecondary educational institutions.
4964	(23)  Recommendations for changes to the current funding
4965	methodology leading to:
4966	(a)  Heightened recognition of the critical role of
4967	rigorous career education to the state's workforce needs.
4968	(b)  Flexibility of rigorous career education programs to
4969	fill critical need careers.
4970	(c)  Leveraging of private resources to create public-
4971	private career education partnerships.
4972	(d)  Criteria for funding public postsecondary career
4973	education that is consistent whether offered in the community
4974	college system or the public school system.
4975	(e)  SUCCEED, FLORIDA! Career Paths Program competitive
4976	grants as provided in the General Appropriations Act.
4977	(f)  Identification of appropriate cost categories and, if
4978	needed, weighted enrollment funding for each cost category in
4979	the Florida Education Finance Program for career and
4980	professional academy courses or programs that use technology,
4981	equipment, materials, and consumable supplies reflective of
4982	industry requirements or industry certification requirements.
4983	(24)  Annual recommendations for statutory and funding
4984	revisions needed to enhance the career education system.
4985	(25)  A clear and detailed annual report on the progress of
4986	full implementation of the career education system.
4987	1014.21  Career and professional academies.--
4988	(1)  Effective July 1, 2005, a "career and professional
4989	academy" means a research-based, rigorous career education
4990	program that combines relevant academic and technical curricula
4991	around a career theme and is offered by a school district,
4992	collaborating school districts, or the Florida Virtual School
4993	for the purpose of providing an instructional delivery system
4994	that incorporates relevant and rigorous academic standards with
4995	industry and business relevancy.
4996	(2)  Career and professional academies may be offered
4997	through career academies, career institutes, industry-certified
4998	career education programs, preapprenticeship programs, or
4999	charter technical career centers.
5000	(3)  Use of the title "career and professional academy" may
5001	be employed by one or more programs in a high school, a school
5002	within a high school, or a career center, but may only be used
5003	when each program using the title is fully compliant with the
5004	criteria in subsection (4).
5005	(4)  Each career and professional academy must:
5006	(a)  Provide a rigorous and relevant standards-based
5007	academic curriculum through a career-based theme, using
5008	instruction relevant to the career. The curriculum must take
5009	into consideration multiple styles of student learning; promote
5010	learning by doing through application and adaptation; maximize
5011	relevance of the subject matter; enhance each student's capacity
5012	to excel; and include an emphasis on work habits and work
5013	ethics. Such instruction may include diversified cooperative
5014	education, work experience, on-the-job training, and dual
5015	enrollment.
5016	(b)  Include one or more partnerships with businesses,
5017	employers, industry economic development agencies, or other
5018	appropriate sectors of the local community. Such a partnership
5019	should include the opportunity for persons who are highly
5020	skilled in the targeted subject matter of an academy program to
5021	provide instruction for the academy.
5022	(c)  Include one or more partnerships with a private or
5023	public postsecondary educational institution accredited by a
5024	regional or national accrediting agency recognized by the United
5025	States Department of Education. The educational partner must
5026	agree to articulate coursework to maximize transferability of
5027	credit.
5028	(d)  Include program offerings which correlate directly
5029	with industry certifications, with targeted high-priority local
5030	business and career opportunities, and with high-growth, high-
5031	demand, and high-pay occupations identified on the statewide
5032	targeted occupations list of the Workforce Estimating
5033	Conference.
5034	(e)  Establish strong eligibility criteria for student
5035	participation. While recognizing that rigorous academic
5036	performance will be expected of all students participating in an
5037	academy, initial eligibility criteria should permit
5038	opportunities for students who may not yet meet the academic
5039	requirements but demonstrate characteristics that may lead to
5040	success in an academy. The aim of an academy should be to serve
5041	not only students who are already succeeding but also students
5042	who would succeed if the proper teaching and motivational
5043	opportunities are provided.
5044	(f)  Establish relationships with business partners for use
5045	of state-of-the-art equipment in the instructional program of
5046	each academy.
5047	(5)  A course offered by the Florida Virtual School related
5048	to a career and professional academy program shall give priority
5049	for enrollment to public school students in a career and
5050	professional academy that does not have the specific career or
5051	professional course offering.
5052	(6)  Middle schools are encouraged to develop curricula and
5053	classes that will prepare students to easily and seamlessly
5054	enter high school career and professional academies.
5055	(7)(a)  The State Board of Education shall adopt rules
5056	under ss. 120.536(1) and 120.54 to administer the provisions of
5057	this section.
5058	(b)  The State Board of Education, pursuant to s. 1008.32,
5059	shall enforce the provisions of this section.
5060	Section 91.  Paragraphs (h) and (l) of subsection (4) of
5061	section 215.20, Florida Statutes, are amended to read:
5062	215.20  Certain income and certain trust funds to
5063	contribute to the General Revenue Fund.--
5064	(4)  The income of a revenue nature deposited in the
5065	following described trust funds, by whatever name designated, is
5066	that from which the appropriations authorized by subsection (3)
5067	shall be made:
5068	(h)  Within the Department of Education:
5069	1.  The Educational Certification and Service Trust Fund.
5070	2.  The Phosphate Research Trust Fund.
5071	3.  The Nursing Student Loan Reimbursement Trust Fund.
5072	(l)  Within the Department of Health:
5073	1.  The Administrative Trust Fund.
5074	2.  The Brain and Spinal Cord Injury Program Trust Fund.
5075	3.  The Donations Trust Fund.
5076	4.  The Emergency Medical Services Trust Fund.
5077	5.  The Epilepsy Services Trust Fund.
5078	6.  The Florida Drug, Device, and Cosmetic Trust Fund.
5079	7.  The Grants and Donations Trust Fund.
5080	8.  The Medical Quality Assurance Trust Fund.
5081	9.  The Nursing Student Loan Forgiveness Trust Fund.
5082	9.10.  The Planning and Evaluation Trust Fund.
5083	10.11.  The Radiation Protection Trust Fund.
5084
5085	The enumeration of the foregoing moneys or trust funds shall not
5086	prohibit the applicability thereto of s. 215.24 should the
5087	Governor determine that for the reasons mentioned in s. 215.24
5088	the money or trust funds should be exempt herefrom, as it is the
5089	purpose of this law to exempt income from its force and effect
5090	when, by the operation of this law, federal matching funds or
5091	contributions or private grants to any trust fund would be lost
5092	to the state.
5093	Section 92.  Discounted computers and Internet access for
5094	students.--
5095	(1)  There is created a program to offer computers and
5096	Internet access at a discounted price to students enrolled in
5097	grades 5 through 12 in a public school in the state.
5098	(2)  The Department of Education shall negotiate with
5099	computer manufacturers and with nonprofit corporations that
5100	obtain reconditioned computer hardware concerning:
5101	(a)  The prices of discounted computers and whether
5102	computer accessories such as printers or scanners will be
5103	offered to the students at reduced prices.
5104	(b)  Specialized software and hardware packages, including,
5105	but not limited to:
5106	1.  A word processor;
5107	2.  Software and hardware necessary to enable broadband
5108	Internet access; and
5109	3.  An operating system.
5110	(c)  The type of warranty that is to be provided to the
5111	students and whether an extended warranty will be available to
5112	the students and under what terms.
5113	(3)  The Department of Education shall negotiate with
5114	broadband Internet access providers concerning the prices of
5115	discounted broadband Internet access packages. In areas in which
5116	broadband Internet access is not currently available, the
5117	department shall negotiate with non-broadband Internet access
5118	providers.
5119	(4)  The Department of Education shall adopt rules
5120	concerning:
5121	(a)  How to integrate into this program the provision of
5122	computer or technical training to students in their respective
5123	school districts.
5124	(b)  How parents and students may be notified of the
5125	discounted computer and Internet access choices available.
5126	(c)  The distribution of eligibility certificates to the
5127	students, the locations at which discounted computers and
5128	Internet access services are available for purchase, and how
5129	students may obtain and pay for the equipment and services
5130	covered by this program.
5131	Section 93.  Discounted computers and Internet access for
5132	low-income students; pilot project.--
5133	(1)  The Digital Divide Council, in consultation with the
5134	Department of Education, shall implement a pilot project to
5135	assist low-income students to purchase discounted computers and
5136	Internet access services as negotiated by the department. The
5137	council shall identify counties, grade levels, and low-income
5138	eligibility criteria for participation in the pilot project.
5139	(2)  The pilot project shall be funded in an amount to be
5140	determined in the General Appropriations Act. The Digital Divide
5141	Council is authorized to accept grants from additional public
5142	and private sources to implement the pilot project.
5143	Section 94.  The Office of Program Policy Analysis and
5144	Government Accountability shall monitor and study how career and
5145	professional academies are implemented in the state. The
5146	following shall be the major focus of the study: to determine
5147	whether and how much postsecondary course credit is awarded to
5148	students and whether that credit is transferable to institutions
5149	other than the postsecondary partner; to determine the extent to
5150	which courses are articulating to higher certificates and
5151	degrees; to determine if there is a better way to coordinate a
5152	seamless progression for students in a career and professional
5153	academy program from middle school through high school and
5154	postsecondary education; and to make recommendations for future
5155	changes for oversight and coordination of career education
5156	courses and programs. The Office of Program Policy Analysis and
5157	Government Accountability shall also determine the extent to
5158	which and under what conditions vocational and technical centers
5159	in states that are members of the Southern Regional Education
5160	Board are permitted to use the term "college" as part of their
5161	name and the impact of such usage on accreditation, transfer of
5162	credit, and other articulation issues. The report and
5163	recommendations shall be submitted to the Governor, the
5164	President of the Senate, and the Speaker of the House of
5165	Representatives by December 1, 2007.
5166	Section 95.  The Office of Program Policy Analysis and
5167	Government Accountability shall conduct a study to examine how
5168	each state university supports students in making timely
5169	progress toward the completion of the student's degree. The
5170	study shall review, at a minimum, how each university informs
5171	students of the courses they must successfully complete for
5172	their majors; how students are advised of satisfactory progress
5173	toward completion of degrees; and the process used by the
5174	institution to ensure that courses required for completion of a
5175	degree are available each term. The study shall also evaluate
5176	the effectiveness of each state university's current procedures,
5177	assess the cost of implementing a universal tracking degree
5178	audit system, and assess what savings would be accrued from such
5179	a system. A report of the results of the study shall be
5180	submitted to the Governor, the President of the Senate, and the
5181	Speaker of the House of Representatives by January 1, 2006.
5182	Section 96.  By July 1, 2006, the Department of Education,
5183	with input from public and private postsecondary educational
5184	institutions, shall identify national standardized or licensure
5185	examinations by which secondary and postsecondary students may
5186	demonstrate mastery of postsecondary nursing course material and
5187	earn postsecondary credit for such courses. The examinations and
5188	corresponding minimum scores required for an award of credit
5189	shall be delineated by the State Board of Education in the
5190	statewide articulation agreement. The delineation of such
5191	examinations shall not preclude community colleges and
5192	universities from awarding credit by examination based on
5193	student performance on examinations developed within and
5194	recognized by the individual postsecondary educational
5195	institutions. By February 1, 2006, the Department of Education
5196	shall provide to the Governor, the President of the Senate, and
5197	the Speaker of the House of Representatives a status report on
5198	implementation of this section.
5199	Section 97.  All statutory powers, duties, functions,
5200	records, positions, property, and unexpended balances of
5201	appropriations, allocations, or other funds of the Department of
5202	Health relating to the Nursing Student Loan Reimbursement
5203	Program and the Nursing Student Loan Reimbursement Trust Fund as
5204	created in s. 1009.66, Florida Statutes, and the Nursing
5205	Scholarship Loan Program as created in s. 1009.67, Florida
5206	Statutes, are transferred by a type two transfer as provided for
5207	in s. 20.06(2), Florida Statutes, from the Department of Health
5208	to the Department of Education.
5209	Section 98.  To provide statewide guidance and coordination
5210	with regard to bachelor of applied science degree programs,
5211	minimize the unnecessary proliferation of such programs in
5212	narrowly defined specialty areas, and assist the State Board of
5213	Education in making decisions relating to the approval of
5214	proposals from community colleges to offer such programs, the
5215	state board shall convene a workgroup with representatives from
5216	community colleges, state universities, and independent colleges
5217	and universities to develop recommendations on the degree
5218	requirements for a bachelor of applied science degree and
5219	protocols for accepting credits earned by transfer students in
5220	such programs. The State Board of Education shall submit a
5221	report on the findings and recommendations of the workgroup to
5222	the President of the Senate and the Speaker of the House of
5223	Representatives by February 1, 2006. This does not preclude any
5224	recommendation or authorization regarding the Daytona Beach
5225	Community College proposal for a bachelor of applied science
5226	degree program presented at the April 2005 meeting of the State
5227	Board of Education.
5228	Section 99.  Approval is granted for the endowment for the
5229	Appleton Museum of Art, currently held by the Appleton Cultural
5230	Center, Inc., to be transferred to the Central Florida Community
5231	College Foundation. The endowment to be transferred, which
5232	includes state matching funds, was established in 1987 through
5233	the Cultural Arts Endowment Program. By this provision, the
5234	Central Florida Community College Foundation is authorized to
5235	manage the endowment only for the support of the educational
5236	program at the Appleton Museum of Art and is released from all
5237	other provisions of the Trust Agreement dated July 17, 1987, by
5238	and between the State of Florida and the Appleton Cultural
5239	Center, Inc., and ss. 265.601-265.607, Florida Statutes.
5240	Section 100.  Section 1002.39, Florida Statutes, is amended
5241	to read:
5242	1002.39  The John M. McKay Scholarships for Students with
5243	Disabilities Program.--There is established a program that is
5244	separate and distinct from the Opportunity Scholarship Program
5245	and is named the John M. McKay Scholarships for Students with
5246	Disabilities Program, pursuant to this section.
5247	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
5248	DISABILITIES PROGRAM.--The John M. McKay Scholarships for
5249	Students with Disabilities Program is established to provide the
5250	option to attend a public school other than the one to which
5251	assigned, or to provide a scholarship to a private school of
5252	choice, for students with disabilities for whom an individual
5253	education plan has been written in accordance with rules of the
5254	State Board of Education. Students with disabilities include K-
5255	12 students who are documented as having mental retardation; a
5256	mentally handicapped, speech or and language impairment; a
5257	impaired, deaf or hard of hearing impairment, including
5258	deafness; a visual impairment, including blindness; a visually
5259	impaired, dual sensory impairment; a physical impairment; a
5260	serious emotional disturbance, including an emotional handicap;
5261	a impaired, physically impaired, emotionally handicapped,
5262	specific learning disability, including, but not limited to,
5263	dyslexia, dyscalculia, or developmental aphasia; a traumatic
5264	brain injury; disabled, hospitalized or homebound, or autism
5265	autistic.
5266	(2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of
5267	a public school student with a disability who is dissatisfied
5268	with the student's progress may request and receive from the
5269	state a John M. McKay Scholarship for the child to enroll in and
5270	attend a private school in accordance with this section if:
5271	(a)  By assigned school attendance area or by special
5272	assignment, The student has spent the prior school year in
5273	attendance at a Florida public school or the Florida School for
5274	the Deaf and the Blind. Prior school year in attendance means
5275	that the student was:
5276	1.  Enrolled and reported by a school district for funding
5277	during the preceding October and February Florida Education
5278	Finance Program surveys in kindergarten through grade 12, which
5279	shall include time spent in a Department of Juvenile Justice
5280	commitment program if funded under the Florida Education Finance
5281	Program;
5282	2.  Enrolled and reported by the Florida School for the
5283	Deaf and the Blind during the preceding October and February
5284	student membership surveys in kindergarten through grade 12; or
5285	3.  Enrolled and reported by a school district for funding
5286	during the preceding October and February Florida Education
5287	Finance Program surveys, at least 4 years old when so enrolled
5288	and reported, and eligible for services under s. 1003.21(1)(e).
5289
5290	However, this paragraph does not apply to a dependent child of a
5291	member of the United States Armed Forces who transfers to a
5292	school in this state from out of state or from a foreign country
5293	pursuant to a parent's permanent change of station orders is
5294	exempt from this paragraph but. A dependent child of a member of
5295	the United States Armed Forces who transfers to a school in this
5296	state from out of state or from a foreign country pursuant to a
5297	parent's permanent change of station orders must meet all other
5298	eligibility requirements to participate in the program.
5299	(b)  The parent has obtained acceptance for admission of
5300	the student to a private school that is eligible for the program
5301	under subsection (8)(4) and has requested from the department
5302	notified the school district of the request for a scholarship at
5303	least 60 days prior to the date of the first scholarship
5304	payment. The request parental notification must be through a
5305	communication directly to the department district or through the
5306	Department of Education to the district in a manner that creates
5307	a written or electronic record of the request notification and
5308	the date of receipt of the request notification.
5309
5310	This section does not apply to a student who is enrolled in a
5311	school operating for the purpose of providing educational
5312	services to youth in Department of Juvenile Justice commitment
5313	programs. For purposes of continuity of educational choice, the
5314	scholarship shall remain in force until the student returns to a
5315	public school or graduates from high school. However, at any
5316	time, the student's parent may remove the student from the
5317	private school and place the student in another private school
5318	that is eligible for the program under subsection (4) or in a
5319	public school as provided in subsection (3).
5320	(3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is
5321	not eligible for a John M. McKay Scholarship while he or she is:
5322	(a)  Enrolled in a school operating for the purpose of
5323	providing educational services to youth in Department of
5324	Juvenile Justice commitment programs.
5325	(b)  Receiving a corporate income tax credit scholarship
5326	under s. 220.187.
5327	(c)  Receiving an educational scholarship pursuant to this
5328	chapter.
5329	(d)  Participating in a home education program as defined
5330	in s. 1002.01(1).
5331	(e)  Participating in a private tutoring program pursuant
5332	to s. 1002.43.
5333	(f)  Participating in a virtual school, correspondence
5334	school, or distance learning program that receives state funding
5335	pursuant to the student's participation.
5336	(g)  Enrolled in the Florida School for the Deaf and the
5337	Blind.
5338	(4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.--
5339	(a)  For purposes of continuity of educational choice, a
5340	John M. McKay Scholarship shall remain in force until the
5341	student returns to a public school, graduates from high school,
5342	or reaches the age of 22, whichever occurs first.
5343	(b)  Upon reasonable notice to the department and the
5344	school district, the student's parent may remove the student
5345	from the private school and place the student in a public
5346	school, as provided in subparagraph (5)(a)2.
5347	(c)  Upon reasonable notice to the department, the
5348	student's parent may move the student from one participating
5349	private school to another participating private school.
5350	(5)(3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION
5351	OBLIGATIONS; PARENTAL OPTIONS.--
5352	(a)1.  By April 1 of each year and within 10 days after an
5353	individual education plan meeting, a school district shall
5354	timely notify the parent of the student of all options available
5355	pursuant to this section, inform the parent of the availability
5356	of the department's telephone hotline and Internet website for
5357	additional information on John M. McKay Scholarships, and offer
5358	that student's parent an opportunity to enroll the student in
5359	another public school within the district.
5360	2.  The parent is not required to accept the this offer of
5361	enrolling in another public school in lieu of requesting a John
5362	M. McKay Scholarship to a private school. However, if the parent
5363	chooses the public school option, the student may continue
5364	attending a public school chosen by the parent until the student
5365	graduates from high school.
5366	3.  If the parent chooses a public school consistent with
5367	the district school board's choice plan under s. 1002.31, the
5368	school district shall provide transportation to the public
5369	school selected by the parent. The parent is responsible to
5370	provide transportation to a public school chosen that is not
5371	consistent with the district school board's choice plan under s.
5372	1002.31.
5373	(b)1.  For a student with disabilities who does not have a
5374	matrix of services under s. 1011.62(1)(e), the school district
5375	must complete a matrix that assigns the student to one of the
5376	levels of service as they existed prior to the 2000-2001 school
5377	year.
5378	2.a.  Within 10 school days after it receives notification
5379	of a parent's request for a John M. McKay Scholarship, a
5380	district school board must notify the student's parent if the
5381	matrix has not been completed and inform the parent that the
5382	district is required to complete the matrix within 30 days after
5383	receiving notice of the parent's request for a John M. McKay
5384	Scholarship. This notice should include the required completion
5385	date for the matrix.
5386	b.  The school district must complete the matrix of
5387	services for any student who is participating in the John M.
5388	McKay Scholarships for Students with Disabilities Program and
5389	must notify the department of Education of the student's matrix
5390	level within 30 days after receiving notification of a request
5391	by the student's parent of intent to participate in the
5392	scholarship program. The school district must provide the
5393	student's parent with the student's matrix level within 10
5394	school days after its completion.
5395	c.  The department of Education shall notify the private
5396	school of the amount of the scholarship within 10 days after
5397	receiving the school district's notification of the student's
5398	matrix level. Within 10 school days after it receives
5399	notification of a parent's intent to apply for a McKay
5400	Scholarship, a district school board must notify the student's
5401	parent if the matrix has not been completed and provide the
5402	parent with the date for completion of the matrix required in
5403	this paragraph.
5404	d.  A school district may change a matrix of services only
5405	if the change is to correct a technical, typographical, or
5406	calculation error.
5407	(c)  A school district shall provide notification to
5408	parents of the availability of a reevaluation at least every 3
5409	years of each student who receives a John M. McKay Scholarship.
5410	(d)(c)  If the parent chooses the private school option and
5411	the student is accepted by the private school pending the
5412	availability of a space for the student, the parent of the
5413	student must notify the department school district 60 days prior
5414	to the first scholarship payment and before entering the private
5415	school in order to be eligible for the scholarship when a space
5416	becomes available for the student in the private school.
5417	(e)(d)  The parent of a student may choose, as an
5418	alternative, to enroll the student in and transport the student
5419	to a public school in an adjacent school district which has
5420	available space and has a program with the services agreed to in
5421	the student's individual education plan already in place, and
5422	that school district shall accept the student and report the
5423	student for purposes of the district's funding pursuant to the
5424	Florida Education Finance Program.
5425	(f)(e)  For a student in the district who participates in
5426	the John M. McKay Scholarships for Students with Disabilities
5427	Program whose parent requests that the student take the
5428	statewide assessments under s. 1008.22, the district shall
5429	provide locations and times to take all statewide assessments.
5430	(f)  A school district must notify the Department of
5431	Education within 10 days after it receives notification of a
5432	parent's intent to apply for a scholarship for a student with a
5433	disability. A school district must provide the student's parent
5434	with the student's matrix level within 10 school days after its
5435	completion.
5436	(6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
5437	shall:
5438	(a)  Establish a toll-free hotline that provides parents
5439	and private schools with information on participation in the
5440	John M. McKay Scholarships for Students with Disabilities
5441	Program.
5442	(b)  Annually verify the eligibility of private schools
5443	that meet the requirements of subsection (8).
5444	(c)  Establish a process by which individuals may notify
5445	the department of any violation by a parent, private school, or
5446	school district of state laws relating to program participation.
5447	The department shall conduct an investigation of any written
5448	complaint of a violation of this section, or make a referral to
5449	the appropriate agency for an investigation, if the complaint is
5450	signed by the complainant and is legally sufficient. A complaint
5451	is legally sufficient if it contains ultimate facts that show
5452	that a violation of this section or any rule adopted by the
5453	State Board of Education has occurred. In order to determine
5454	legal sufficiency, the department may require supporting
5455	information or documentation from the complainant.
5456	(d)  Require an annual, notarized, sworn compliance
5457	statement by participating private schools certifying compliance
5458	with state laws and shall retain such records.
5459	(e)  Cross-check the list of participating scholarship
5460	students with the public school enrollment lists prior to the
5461	first scholarship payment to avoid duplication.
5462	(7)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.--
5463	(a)  The Commissioner of Education shall deny, suspend, or
5464	revoke a private school's participation in the scholarship
5465	program if it is determined that the private school has failed
5466	to comply with the provisions of this section. However, in
5467	instances in which the noncompliance is correctable within a
5468	reasonable amount of time and in which the health, safety, and
5469	welfare of the students are not threatened, the commissioner may
5470	issue a notice of noncompliance which shall provide the private
5471	school with a timeframe within which to provide evidence of
5472	compliance prior to taking action to suspend or revoke the
5473	private school's participation in the scholarship program.
5474	(b)  The commissioner's determination is subject to the
5475	following:
5476	1.  If the commissioner intends to deny, suspend, or revoke
5477	a private school's participation in the scholarship program, the
5478	department shall notify the private school of such proposed
5479	action in writing by certified mail and regular mail to the
5480	private school's address of record with the department. The
5481	notification shall include the reasons for the proposed action
5482	and notice of the timelines and procedures set forth in this
5483	paragraph.
5484	2.  The private school that is adversely affected by the
5485	proposed action shall have 15 days from receipt of the notice of
5486	proposed action to file with the department's agency clerk a
5487	request for a proceeding pursuant to ss. 120.569 and 120.57. If
5488	the private school is entitled to a hearing under s. 120.57(1),
5489	the department shall forward the request to the Division of
5490	Administrative Hearings.
5491	3.  Upon receipt of a request referred pursuant to this
5492	paragraph, the director of the Division of Administrative
5493	Hearings shall expedite the hearing and assign an administrative
5494	law judge who shall commence a hearing within 30 days after the
5495	receipt of the formal written request by the division and enter
5496	a recommended order within 30 days after the hearing or within
5497	30 days after receipt of the hearing transcript, whichever is
5498	later. Each party shall be allowed 10 days in which to submit
5499	written exceptions to the recommended order. A final order shall
5500	be entered by the agency within 30 days after the entry of a
5501	recommended order. The provisions of this subparagraph may be
5502	waived upon stipulation by all parties.
5503	(c)  The commissioner may immediately suspend payment of
5504	scholarship funds if it is determined that there is probable
5505	cause to believe that there is:
5506	1.  An imminent threat to the health, safety, and welfare
5507	of the students; or
5508	2.  Fraudulent activity on the part of the private school.
5509
5510	The commissioner's order suspending payment pursuant to this
5511	paragraph may be appealed pursuant to the same procedures and
5512	timelines as the notice of proposed action set forth in
5513	paragraph (b).
5514	(8)(4)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
5515	eligible to participate in the John M. McKay Scholarships for
5516	Students with Disabilities Program, a private school must be a
5517	Florida private school, may be sectarian or nonsectarian, and
5518	must:
5519	(a)  Comply with all requirements for private schools
5520	participating in state school choice scholarship programs
5521	pursuant to s. 1002.421.
5522	(b)  Provide the department all documentation required for
5523	a student's participation, including the private school's and
5524	student's fee schedules, at least 30 days before the first
5525	quarterly scholarship payment is made for the student.
5526	(c)  Be academically accountable to the parent for meeting
5527	the educational needs of the student by:
5528	1.  At a minimum, annually providing to the parent a
5529	written explanation of the student's progress.
5530	2.  Cooperating with the scholarship student whose parent
5531	chooses to participate in the statewide assessments pursuant to
5532	s. 1008.22.
5533
5534	The inability of a private school to meet the requirements of
5535	this subsection shall constitute a basis for the ineligibility
5536	of the private school to participate in the scholarship program
5537	as determined by the department.
5538	(a)  Demonstrate fiscal soundness by being in operation for
5539	1 school year or provide the Department of Education with a
5540	statement by a certified public accountant confirming that the
5541	private school desiring to participate is insured and the owner
5542	or owners have sufficient capital or credit to operate the
5543	school for the upcoming year serving the number of students
5544	anticipated with expected revenues from tuition and other
5545	sources that may be reasonably expected. In lieu of such a
5546	statement, a surety bond or letter of credit for the amount
5547	equal to the scholarship funds for any quarter may be filed with
5548	the department.
5549	(b)  Notify the Department of Education of its intent to
5550	participate in the program under this section. The notice must
5551	specify the grade levels and services that the private school
5552	has available for students with disabilities who are
5553	participating in the scholarship program.
5554	(c)  Comply with the antidiscrimination provisions of 42
5555	U.S.C. s. 2000d.
5556	(d)  Meet state and local health and safety laws and codes.
5557	(e)  Be academically accountable to the parent for meeting
5558	the educational needs of the student.
5559	(f)  Employ or contract with teachers who hold
5560	baccalaureate or higher degrees, or have at least 3 years of
5561	teaching experience in public or private schools, or have
5562	special skills, knowledge, or expertise that qualifies them to
5563	provide instruction in subjects taught.
5564	(g)  Comply with all state laws relating to general
5565	regulation of private schools.
5566	(h)  Adhere to the tenets of its published disciplinary
5567	procedures prior to the expulsion of a scholarship student.
5568	(9)(5)  PARENT AND STUDENT RESPONSIBILITIES FOR OBLIGATION
5569	OF PROGRAM PARTICIPATION PARTICIPANTS.--A parent who applies for
5570	a John M. McKay Scholarship is exercising his or her parental
5571	option to place his or her child in a private school.
5572	(a)  A parent who applies for a John M. McKay Scholarship
5573	is exercising his or her parental option to place his or her
5574	child in a private school. The parent must select the private
5575	school and apply for the admission of his or her child.
5576	(b)  The parent must have requested the scholarship at
5577	least 60 days prior to the date of the first scholarship
5578	payment.
5579	(c)  Any student participating in the John M. McKay
5580	Scholarships for Students with Disabilities scholarship Program
5581	must remain in attendance throughout the school year, unless
5582	excused by the school for illness or other good cause, and must
5583	comply fully with the school's code of conduct.
5584	(d)  Each The parent and of each student has an obligation
5585	to the private school to participating in the scholarship
5586	program must comply fully with the private school's published
5587	policies parental involvement requirements, unless excused by
5588	the school for illness or other good cause.
5589	(e)  If the parent requests that the student participating
5590	in the John M. McKay Scholarships for Students with Disabilities
5591	scholarship Program take all statewide assessments required
5592	pursuant to s. 1008.22, the parent is responsible for
5593	transporting the student to the assessment site designated by
5594	the school district.
5595	(f)  Upon receipt of a scholarship warrant, the parent to
5596	whom the warrant is made must restrictively endorse the warrant
5597	to the private school for deposit into the account of the
5598	private school. The parent may not designate any entity or
5599	individual associated with the participating private school as
5600	the parent's attorney in fact to sign a scholarship warrant. A
5601	participant who fails to comply with this paragraph forfeits the
5602	scholarship.
5603	(g)  A participant who fails to comply with this subsection
5604	forfeits the scholarship.
5605	(10)(6)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
5606	(a)1.  The maximum scholarship granted for an eligible
5607	student with disabilities shall be a calculated amount
5608	equivalent to the base student allocation in the Florida
5609	Education Finance Program multiplied by the appropriate cost
5610	factor for the educational program that would have been provided
5611	for the student in the district school to which he or she was
5612	assigned, multiplied by the district cost differential.
5613	2.  In addition, a share of the guaranteed allocation for
5614	exceptional students shall be determined and added to the
5615	calculated amount. The calculation shall be based on the
5616	methodology and the data used to calculate the guaranteed
5617	allocation for exceptional students for each district in chapter
5618	2000-166, Laws of Florida. Except as provided in subparagraphs
5619	subparagraph 3. and 4., the calculation shall be based on the
5620	student's grade, matrix level of services, and the difference
5621	between the 2000-2001 basic program and the appropriate level of
5622	services cost factor, multiplied by the 2000-2001 base student
5623	allocation and the 2000-2001 district cost differential for the
5624	sending district. Also, the calculated amount shall include the
5625	per-student share of supplemental academic instruction funds,
5626	instructional materials funds, technology funds, and other
5627	categorical funds as provided for such purposes in the General
5628	Appropriations Act.
5629	3.  The calculated scholarship amount for a student who has
5630	spent the prior school year in attendance at the Florida School
5631	for the Deaf and the Blind shall be calculated as provided in
5632	subparagraphs 1. and 2. However, the calculation shall be based
5633	on the school district in which the parent resides at the time
5634	of the scholarship request.
5635	4.3.  Until the school district completes the matrix
5636	required by paragraph (5)(3)(b), the calculation shall be based
5637	on the matrix that assigns the student to support level I of
5638	service as it existed prior to the 2000-2001 school year. When
5639	the school district completes the matrix, the amount of the
5640	payment shall be adjusted as needed.
5641	(b)  The amount of the John M. McKay Scholarship shall be
5642	the calculated amount or the amount of the private school's
5643	tuition and fees, whichever is less. The amount of any
5644	assessment fee required by the participating private school may
5645	be paid from the total amount of the scholarship.
5646	(c)  If the participating private school requires partial
5647	payment of tuition prior to the start of the academic year to
5648	reserve space for students admitted to the school, that partial
5649	payment may be paid by the Department of Education prior to the
5650	first quarterly payment of the year in which the John M. McKay
5651	Scholarship is awarded, up to a maximum of $1,000, and deducted
5652	from subsequent scholarship payments. If a student decides not
5653	to attend the participating private school, the partial
5654	reservation payment must be returned to the Department of
5655	Education by the participating private school. There is a limit
5656	of one reservation payment per student per year.
5657	(c)1.(d)  The school district shall report all students who
5658	are attending a private school under this program. The students
5659	with disabilities attending private schools on John M. McKay
5660	Scholarships shall be reported separately from other students
5661	reported for purposes of the Florida Education Finance Program.
5662	2.  For program participants who are eligible under
5663	subparagraph (2)(a)2., the school district that is used as the
5664	basis for the calculation of the scholarship amount as provided
5665	in subparagraph (a)3. shall:
5666	a.  Report to the department all such students who are
5667	attending a private school under this program.
5668	b.  Be held harmless for such students from the weighted
5669	enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a.
5670	during the first school year in which the students are reported.
5671	(d)(e)  Following notification on July 1, September 1,
5672	December 1, or February 1 of the number of program participants,
5673	the department of Education shall transfer, from General Revenue
5674	funds only, the amount calculated under paragraph (b) from the
5675	school district's total funding entitlement under the Florida
5676	Education Finance Program and from authorized categorical
5677	accounts to a separate account for the scholarship program for
5678	quarterly disbursement to the parents of participating students.
5679	Funds may not be transferred from any funding provided to the
5680	Florida School for the Deaf and the Blind for program
5681	participants who are eligible under subparagraph (2)(a)2. For a
5682	student exiting a Department of Juvenile Justice commitment
5683	program who chooses to participate in the scholarship program,
5684	the amount of the John M. McKay Scholarship calculated pursuant
5685	to paragraph (b) shall be transferred from the school district
5686	in which the student last attended a public school prior to
5687	commitment to the Department of Juvenile Justice. When a student
5688	enters the scholarship program, the department of Education must
5689	receive all documentation required for the student's
5690	participation, including the private school's and student's fee
5691	schedules, at least 30 days before the first quarterly
5692	scholarship payment is made for the student. The Department of
5693	Education may not make any retroactive payments.
5694	(e)(f)  Upon notification proper documentation reviewed and
5695	approved by the department that it has received the
5696	documentation required under paragraph (d) Department of
5697	Education, the Chief Financial Officer shall make scholarship
5698	payments in four equal amounts no later than September 1,
5699	November 1, February 1, and April 1 15 of each academic year in
5700	which the scholarship is in force. The initial payment shall be
5701	made after department of Education verification of admission
5702	acceptance, and subsequent payments shall be made upon
5703	verification of continued enrollment and attendance at the
5704	private school. Payment must be by individual warrant made
5705	payable to the student's parent and mailed by the department of
5706	Education to the private school of the parent's choice, and the
5707	parent shall restrictively endorse the warrant to the private
5708	school for deposit into the account of the private school.
5709	(f)  Subsequent to each scholarship payment, the Department
5710	of Financial Services shall randomly review endorsed warrants to
5711	confirm compliance with endorsement requirements. The Department
5712	of Financial Services shall immediately report inconsistencies
5713	or irregularities to the department.
5714	(11)(7)  LIABILITY.--No liability shall arise on the part
5715	of the state based on the award or use of a John M. McKay
5716	Scholarship.
5717	(12)  SCOPE OF AUTHORITY.--The inclusion of eligible
5718	private schools within options available to Florida public
5719	school students does not expand the regulatory authority of the
5720	state, its officers, or any school district to impose any
5721	additional regulation of private schools beyond those reasonably
5722	necessary to enforce requirements expressly set forth in this
5723	section.
5724	(13)(8)  RULES.--The State Board of Education shall adopt
5725	rules pursuant to ss. 120.536(1) and 120.54 to administer this
5726	section, including rules that school districts must use to
5727	expedite the development of a matrix of services based on an
5728	active a current individual education plan from another state or
5729	a foreign country for a transferring student with a disability
5730	who is a dependent child of a member of the United States Armed
5731	Forces. The rules must identify the appropriate school district
5732	personnel who must complete the matrix of services. For purposes
5733	of these rules, a transferring student with a disability is one
5734	who was previously enrolled as a student with a disability in an
5735	out-of-state or an out-of-country public or private school or
5736	agency program and who is transferring from out of state or from
5737	a foreign country pursuant to a parent's permanent change of
5738	station orders. However, the inclusion of eligible private
5739	schools within options available to Florida public school
5740	students does not expand the regulatory authority of the state,
5741	its officers, or any school district to impose any additional
5742	regulation of private schools beyond those reasonably necessary
5743	to enforce requirements expressly set forth in this section.
5744	Section 101.  Section 220.187, Florida Statutes, is amended
5745	to read:
5746	220.187  Credits for contributions to nonprofit
5747	scholarship-funding organizations.--
5748	(1)  PURPOSE.--The purpose of this section is to:
5749	(a)  Encourage private, voluntary contributions to
5750	nonprofit scholarship-funding organizations.
5751	(b)  Expand educational opportunities for children of
5752	families that have limited financial resources.
5753	(c)  Enable children in this state to achieve a greater
5754	level of excellence in their education.
5755	(2)  DEFINITIONS.--As used in this section, the term:
5756	(a)  "Department" means the Department of Revenue.
5757	(b)  "Eligible contribution" means a monetary contribution
5758	from a taxpayer, subject to the restrictions provided in this
5759	section, to an eligible nonprofit scholarship-funding
5760	organization. The taxpayer making the contribution may not
5761	designate a specific child as the beneficiary of the
5762	contribution. The taxpayer may not contribute more than $5
5763	million to any single eligible nonprofit scholarship-funding
5764	organization.
5765	(c)(d)  "Eligible nonprofit scholarship-funding
5766	organization" means a charitable organization that:
5767	1.  Is exempt from federal income tax pursuant to s.
5768	501(c)(3) of the Internal Revenue Code.
5769	2.  Is a Florida entity formed under chapter 607, chapter
5770	608, or chapter 617 and whose principal office is located in the
5771	state.
5772	3.  and that Complies with the provisions of subsection
5773	(6)(4).
5774	(d)(c)  "Eligible private nonpublic school" means a private
5775	nonpublic school, as defined in s. 1002.01(2), located in
5776	Florida that offers an education to students in any grades K-12
5777	and that meets the requirements in subsection (8)(6).
5778	(e)  "Owner or operator" includes:
5779	1.  An owner, president, officer, or director of an
5780	eligible nonprofit scholarship-funding organization or a person
5781	with equivalent decisionmaking authority over an eligible
5782	nonprofit scholarship-funding organization.
5783	2.  An owner, operator, superintendent, or principal of an
5784	eligible private school or a person with equivalent
5785	decisionmaking authority over an eligible private school.
5786	(e)  "Qualified student" means a student who qualifies for
5787	free or reduced-price school lunches under the National School
5788	Lunch Act and who:
5789	(3)  PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate
5790	Income Tax Credit Scholarship Program is established. A student
5791	is eligible for a corporate income tax credit scholarship if the
5792	student qualifies for free or reduced-price school lunches under
5793	the National School Lunch Act and:
5794	(a)1.  Was counted as a full-time equivalent student during
5795	the previous state fiscal year for purposes of state per-student
5796	funding;
5797	(b)2.  Received a scholarship from an eligible nonprofit
5798	scholarship-funding organization during the previous school
5799	year; or
5800	(c)3.  Is eligible to enter kindergarten or first grade.
5801
5802	A student may continue in the scholarship program as long as the
5803	family income level does not exceed 200 percent of the federal
5804	poverty level.
5805	(4)  SCHOLARSHIP PROHIBITIONS.--A student is not eligible
5806	for a scholarship while he or she is:
5807	(a)  Enrolled in a school operating for the purpose of
5808	providing educational services to youth in Department of
5809	Juvenile Justice commitment programs.
5810	(b)  Receiving a scholarship from another eligible
5811	nonprofit scholarship-funding organization under this section.
5812	(c)  Receiving an educational scholarship pursuant to
5813	chapter 1002.
5814	(d)  Participating in a home education program as defined
5815	in s. 1002.01(1).
5816	(e)  Participating in a private tutoring program pursuant
5817	to s. 1002.43.
5818	(f)  Participating in a virtual school, correspondence
5819	school, or distance learning program that receives state funding
5820	pursuant to the student's participation.
5821	(g)  Enrolled in the Florida School for the Deaf and the
5822	Blind.
5823	(5)(3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
5824	CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
5825	(a)  There is allowed a credit of 100 percent of an
5826	eligible contribution against any tax due for a taxable year
5827	under this chapter. However, such a credit may not exceed 75
5828	percent of the tax due under this chapter for the taxable year,
5829	after the application of any other allowable credits by the
5830	taxpayer. However, at least 5 percent of the total statewide
5831	amount authorized for the tax credit shall be reserved for
5832	taxpayers who meet the definition of a small business provided
5833	in s. 288.703(1) at the time of application. The credit granted
5834	by this section shall be reduced by the difference between the
5835	amount of federal corporate income tax taking into account the
5836	credit granted by this section and the amount of federal
5837	corporate income tax without application of the credit granted
5838	by this section.
5839	(b)  The total amount of tax credits and carryforward of
5840	tax credits which may be granted each state fiscal year under
5841	this section is $88 million. However, at least 1 percent of the
5842	total statewide amount authorized for the tax credit shall be
5843	reserved for taxpayers who meet the definition of a small
5844	business provided in s. 288.703(1) at the time of application.
5845	(c)  A taxpayer who files a Florida consolidated return as
5846	a member of an affiliated group pursuant to s. 220.131(1) may be
5847	allowed the credit on a consolidated return basis; however, the
5848	total credit taken by the affiliated group is subject to the
5849	limitation established under paragraph (a).
5850	(d)  Effective for tax years beginning January 1, 2005, a
5851	taxpayer may rescind all or part of its allocated tax credit
5852	under this section. The amount rescinded shall become available
5853	for purposes of the cap for that state fiscal year under this
5854	section to an eligible taxpayer as approved by the department if
5855	the taxpayer receives notice from the department that the
5856	rescindment has been accepted by the department and the taxpayer
5857	has not previously rescinded any or all of its tax credit
5858	allocation under this section more than once in the previous 3
5859	tax years. Any amount rescinded under this paragraph shall
5860	become available to an eligible taxpayer on a first-come, first-
5861	served basis based on tax credit applications received after the
5862	date the rescindment is accepted by the department.
5863	(6)(4)  OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-
5864	FUNDING ORGANIZATIONS.--An eligible nonprofit scholarship-
5865	scholarship-funding organization:
5866	(a)  Must comply with the antidiscrimination provisions of
5867	42 U.S.C. s. 2000d.
5868	(b)  Must comply with the following background check
5869	requirements:
5870	1.  An owner, operator, or employee of an eligible
5871	nonprofit scholarship-funding organization is subject to level 2
5872	background screening as provided under chapter 435.
5873	2.  A nonprofit scholarship-funding organization whose
5874	owner or operator fails the level 2 background screening shall
5875	not be eligible to provide scholarships under this section.
5876	3.  A nonprofit scholarship-funding organization's
5877	continued employment of an employee after notification that the
5878	employee has failed the level 2 background screening shall cause
5879	the nonprofit scholarship-funding organization to be ineligible
5880	for participation in the scholarship program.
5881	4.  A nonprofit scholarship-funding organization whose
5882	owner or operator in the last 7 years has filed for personal
5883	bankruptcy or corporate bankruptcy in a corporation of which he
5884	or she owned more than 20 percent shall not be eligible to
5885	provide scholarships under this section.
5886	(c)  Must not have an owner or operator who owns or
5887	operates an eligible private school that is participating in the
5888	scholarship program.
5889	(d)(a)  Must An eligible nonprofit scholarship-funding
5890	organization shall provide scholarships, from eligible
5891	contributions, to eligible qualified students for:
5892	1.  Tuition or textbook expenses for, or transportation to,
5893	an eligible private nonpublic school. At least 75 percent of the
5894	scholarship funding must be used to pay tuition expenses; or
5895	2.  Transportation expenses to a Florida public school that
5896	is located outside the district in which the student resides or
5897	to a lab school as defined in s. 1002.32.
5898	(e)(b)  Must An eligible nonprofit scholarship-funding
5899	organization shall give priority to eligible qualified students
5900	who received a scholarship from an eligible nonprofit
5901	scholarship-funding organization during the previous school
5902	year.
5903	(f)  Must provide a scholarship to an eligible student on a
5904	first-come, first-served basis unless the student qualifies for
5905	priority pursuant to paragraph (e).
5906	(g)  May not restrict or reserve scholarships for use at a
5907	particular private school or provide scholarships to a child of
5908	an owner or operator.
5909	(h)  Must allow an eligible student to attend any eligible
5910	private school and must allow a parent to transfer a scholarship
5911	during a school year to any other eligible private school of the
5912	parent's choice.
5913	(c)  The amount of a scholarship provided to any child for
5914	any single school year by all eligible nonprofit scholarship-
5915	funding organizations from eligible contributions shall not
5916	exceed the following annual limits:
5917	1.  Three thousand five hundred dollars for a scholarship
5918	awarded to a student enrolled in an eligible nonpublic school.
5919	2.  Five hundred dollars for a scholarship awarded to a
5920	student enrolled in a Florida public school that is located
5921	outside the district in which the student resides.
5922	(d)  The amount of an eligible contribution which may be
5923	accepted by an eligible nonprofit scholarship-funding
5924	organization is limited to the amount needed to provide
5925	scholarships for qualified students which the organization has
5926	identified and for which vacancies in eligible nonpublic schools
5927	have been identified.
5928	(i)(e)  Must obligate, in the same fiscal year in which the
5929	contribution was received, An eligible nonprofit scholarship-
5930	funding organization that receives an eligible contribution must
5931	spend 100 percent of the eligible contribution to provide
5932	scholarships, provided that up to 25 percent of the total
5933	contribution may be carried forward for scholarships to be
5934	granted in the following same state fiscal year in which the
5935	contribution was received. No portion of eligible contributions
5936	may be used for administrative expenses. All interest accrued
5937	from contributions must be used for scholarships.
5938	(j)  Must maintain separate accounts for scholarship funds
5939	and operating funds.
5940	(k)  With the prior approval of the Department of
5941	Education, may transfer funds to another eligible nonprofit
5942	scholarship-funding organization if additional funds are
5943	required to meet scholarship demand at the receiving nonprofit
5944	scholarship-funding organization. A transfer shall be limited to
5945	the greater of $500,000 or 20 percent of the total contributions
5946	received by the nonprofit scholarship-funding organization
5947	making the transfer. All transferred funds must be deposited by
5948	the receiving nonprofit scholarship-funding organization into
5949	its scholarship accounts. All transferred amounts received by
5950	any nonprofit scholarship-funding organization must be
5951	separately disclosed in the annual financial and compliance
5952	audit required in this section.
5953	(l)(f)  Must An eligible nonprofit scholarship-funding
5954	organization that receives eligible contributions must provide
5955	to the Auditor General and the Department of Education an annual
5956	financial and compliance audit of its accounts and records
5957	conducted by an independent certified public accountant and in
5958	accordance with rules adopted by the Auditor General. The audit
5959	must be conducted in compliance with generally accepted auditing
5960	standards and must include a report on financial statements
5961	presented in accordance with generally accepted accounting
5962	principles set forth by the American Institute of Certified
5963	Public Accountants for not-for-profit organizations and a
5964	determination of compliance with the statutory eligibility and
5965	expenditure requirements set forth in this section. Audits must
5966	be provided to the Auditor General and the Department of
5967	Education within 180 days after completion of the eligible
5968	nonprofit scholarship-funding organization's fiscal year.
5969	(m)  Must prepare and submit quarterly reports to the
5970	Department of Education pursuant to paragraph (9)(m). In
5971	addition, an eligible nonprofit scholarship-funding organization
5972	must submit in a timely manner any information requested by the
5973	Department of Education relating to the scholarship program.
5974
5975	Any and all information and documentation provided to the
5976	Department of Education and the Auditor General relating to the
5977	identity of a taxpayer that provides an eligible contribution
5978	under this section shall remain confidential at all times in
5979	accordance with s. 213.053.
5980	(g)  Payment of the scholarship by the eligible nonprofit
5981	scholarship-funding organization shall be by individual warrant
5982	or check made payable to the student's parent. If the parent
5983	chooses for his or her child to attend an eligible nonpublic
5984	school, the warrant or check must be mailed by the eligible
5985	nonprofit scholarship-funding organization to the nonpublic
5986	school of the parent's choice, and the parent shall
5987	restrictively endorse the warrant or check to the nonpublic
5988	school. An eligible nonprofit scholarship-funding organization
5989	shall ensure that, upon receipt of a scholarship warrant or
5990	check, the parent to whom the warrant or check is made
5991	restrictively endorses the warrant or check to the nonpublic
5992	school of the parent's choice for deposit into the account of
5993	the nonpublic school.
5994	(7)(5)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
5995	PARTICIPATION OBLIGATIONS.--As a condition for scholarship
5996	payment pursuant to paragraph (4)(g), if the parent chooses for
5997	his or her child to attend an eligible nonpublic school, the
5998	parent must inform the child's school district within 15 days
5999	after such decision.
6000	(a)  The parent must select an eligible private school and
6001	apply for the admission of his or her child.
6002	(b)  The parent must inform the child's school district
6003	when the parent withdraws his or her child to attend an eligible
6004	private school.
6005	(c)  Any student participating in the scholarship program
6006	must remain in attendance throughout the school year, unless
6007	excused by the school for illness or other good cause.
6008	(d)  Each parent and each student has an obligation to the
6009	private school to comply with the private school's published
6010	policies.
6011	(e)  The parent shall ensure that the student participating
6012	in the scholarship program takes the norm-referenced assessment
6013	offered by the private school. The parent may also choose to
6014	have the student participate in the statewide assessments
6015	pursuant to s. 1008.22. If the parent requests that the student
6016	participating in the scholarship program take statewide
6017	assessments pursuant to s. 1008.22, the parent is responsible
6018	for transporting the student to the assessment site designated
6019	by the school district.
6020	(f)  Upon receipt of a scholarship warrant or check from
6021	the eligible nonprofit scholarship-funding organization, the
6022	parent to whom the warrant or check is made must restrictively
6023	endorse the warrant or check to the private school for deposit
6024	into the account of the private school. The parent may not
6025	designate any entity or individual associated with the
6026	participating private school as the parent's attorney in fact to
6027	sign a scholarship warrant or check. A participant who fails to
6028	comply with this paragraph forfeits the scholarship.
6029	(8)(6)  PRIVATE ELIGIBLE NONPUBLIC SCHOOL ELIGIBILITY AND
6030	OBLIGATIONS.--An eligible private nonpublic school may be
6031	sectarian or nonsectarian and must:
6032	(a)  Comply with all requirements for private schools
6033	participating in state school choice scholarship programs
6034	pursuant to s. 1002.421.
6035	(b)  Provide to the eligible nonprofit scholarship-funding
6036	organization, upon request, all documentation required for the
6037	student's participation, including the private school's and
6038	student's fee schedules.
6039	(c)  Be academically accountable to the parent for meeting
6040	the educational needs of the student by:
6041	1.  At a minimum, annually providing to the parent a
6042	written explanation of the student's progress.
6043	2.  Annually administering or making provision for students
6044	participating in the scholarship program to take one of the
6045	nationally norm-referenced tests identified by the Department of
6046	Education. Students with disabilities for whom standardized
6047	testing is not appropriate are exempt from this requirement. A
6048	participating private school must report a student's scores to
6049	the parent and to the independent research organization as
6050	described in paragraph (9)(j) selected by the Department of
6051	Education.
6052	3.  Cooperating with the scholarship student whose parent
6053	chooses to participate in the statewide assessments pursuant to
6054	s. 1008.32.
6055
6056	The inability of a private school to meet the requirements of
6057	this subsection shall constitute a basis for the ineligibility
6058	of the private school to participate in the scholarship program
6059	as determined by the Department of Education.
6060	(a)  Demonstrate fiscal soundness by being in operation for
6061	one school year or provide the Department of Education with a
6062	statement by a certified public accountant confirming that the
6063	nonpublic school desiring to participate is insured and the
6064	owner or owners have sufficient capital or credit to operate the
6065	school for the upcoming year serving the number of students
6066	anticipated with expected revenues from tuition and other
6067	sources that may be reasonably expected. In lieu of such a
6068	statement, a surety bond or letter of credit for the amount
6069	equal to the scholarship funds for any quarter may be filed with
6070	the department.
6071	(b)  Comply with the antidiscrimination provisions of 42
6072	U.S.C. s. 2000d.
6073	(c)  Meet state and local health and safety laws and codes.
6074	(d)  Comply with all state laws relating to general
6075	regulation of nonpublic schools.
6076	(9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
6077	of Education shall:
6078	(a)  Annually submit to the department, by March 15, a list
6079	of eligible nonprofit scholarship-funding organizations that
6080	meet the requirements of paragraph (2)(c).
6081	(b)  Annually verify the eligibility of nonprofit
6082	scholarship-funding organizations that meet the requirements of
6083	paragraph (2)(c).
6084	(c)  Annually verify the eligibility of private schools
6085	that meet the requirements of subsection (8).
6086	(d)  Annually verify the eligibility of expenditures as
6087	provided in paragraph (6)(d) using the audit required by
6088	paragraph (6)(l).
6089	(e)  Establish a toll-free hotline that provides parents
6090	and private schools with information on participation in the
6091	scholarship program.
6092	(f)  Establish a process by which individuals may notify
6093	the Department of Education of any violation by a parent,
6094	private school, or school district of state laws relating to
6095	program participation. The Department of Education shall conduct
6096	an investigation of any written complaint of a violation of this
6097	section, or make a referral to the appropriate agency for an
6098	investigation, if the complaint is signed by the complainant and
6099	is legally sufficient. A complaint is legally sufficient if it
6100	contains ultimate facts that show that a violation of this
6101	section or any rule adopted by the State Board of Education has
6102	occurred. In order to determine legal sufficiency, the
6103	Department of Education may require supporting information or
6104	documentation from the complainant.
6105	(g)  Require an annual, notarized, sworn compliance
6106	statement by participating private schools certifying compliance
6107	with state laws and shall retain such records.
6108	(h)  Cross-check the list of participating scholarship
6109	students with the public school enrollment lists to avoid
6110	duplication.
6111	(i)  Identify and select the nationally norm-referenced
6112	tests that are comparable to the norm-referenced provisions of
6113	the Florida Comprehensive Assessment Test. The State Board of
6114	Education may not identify more than four norm-referenced tests
6115	for use in meeting the requirements of this section. However,
6116	the Department of Education may approve the use of an additional
6117	assessment by the school if the school can demonstrate that the
6118	assessment meets industry standards of quality and
6119	comparability. The State Board of Education may select the
6120	Florida Comprehensive Assessment Test as one of the four tests
6121	for use in meeting such requirements.
6122	(j)  Select an independent research organization, which may
6123	be a public or private entity or university, to which
6124	participating private schools must report the scores of
6125	participating students on the nationally norm-referenced tests
6126	administered by the private school. The independent research
6127	organization must annually report to the Department of Education
6128	on the year-to-year improvements of participating students. The
6129	independent research organization must analyze and report
6130	student performance data in a manner that protects the rights of
6131	students and parents as mandated in 20 U.S.C. s. 1232g, the
6132	Family Educational Rights and Privacy Act, and must not
6133	disaggregate data to a level that will disclose the academic
6134	level of individual students or of individual schools. To the
6135	extent possible, the independent research organization must
6136	accumulate historical performance data on students from the
6137	Department of Education and private schools to describe baseline
6138	performance and to conduct longitudinal studies. To minimize
6139	costs and reduce time required for third-party analysis and
6140	evaluation, the Department of Education shall conduct analyses
6141	of matched students from public school assessment data and
6142	calculate control group learning gains using an agreed-upon
6143	methodology outlined in the contract with the third-party
6144	evaluator. The sharing of student data must be in accordance
6145	with requirements of 20 U.S.C. 1232g, the Family Educational
6146	Rights and Privacy Act, and shall be for the sole purpose of
6147	conducting the evaluation. All parties must preserve the
6148	confidentiality of such information as required by law.
6149	(k)  Notify an eligible nonprofit scholarship-funding
6150	organization of any of the organization's identified students
6151	who are receiving an educational scholarship pursuant to chapter
6152	1002.
6153	(l)  Notify an eligible nonprofit scholarship-funding
6154	organization of any of the organization's identified students
6155	who are receiving a corporate income tax credit scholarship from
6156	another eligible nonprofit scholarship-funding organization.
6157	(m)  Require quarterly reports by an eligible nonprofit
6158	scholarship-funding organization regarding the number of
6159	students participating in the scholarship program, the private
6160	schools at which the students are enrolled, and other
6161	information deemed necessary by the Department of Education.
6162	(10)  COMMISSIONER OF EDUCATION AUTHORITY AND
6163	OBLIGATIONS.--
6164	(a)  The Commissioner of Education shall deny, suspend, or
6165	revoke a private school's participation in the scholarship
6166	program if it is determined that the private school has failed
6167	to comply with the provisions of this section. However, in
6168	instances in which the noncompliance is correctable within a
6169	reasonable amount of time and in which the health, safety, and
6170	welfare of the students are not threatened, the commissioner may
6171	issue a notice of noncompliance which shall provide the private
6172	school with a timeframe within which to provide evidence of
6173	compliance prior to taking action to suspend or revoke the
6174	private school's participation in the scholarship program.
6175	(b)  The commissioner's determination is subject to the
6176	following:
6177	1.  If the commissioner intends to deny, suspend, or revoke
6178	a private school's participation in the scholarship program, the
6179	Department of Education shall notify the private school of such
6180	proposed action in writing by certified mail and regular mail to
6181	the private school's address of record with the Department of
6182	Education. The notification shall include the reasons for the
6183	proposed action and notice of the timelines and procedures set
6184	forth in this paragraph.
6185	2.  The private school that is adversely affected by the
6186	proposed action shall have 15 days from receipt of the notice of
6187	proposed action to file with the Department of Education's
6188	agency clerk a request for a proceeding pursuant to ss. 120.569
6189	and 120.57. If the private school is entitled to a hearing under
6190	s. 120.57(1), the Department of Education shall forward the
6191	request to the Division of Administrative Hearings.
6192	3.  Upon receipt of a request referred pursuant to this
6193	paragraph, the director of the Division of Administrative
6194	Hearings shall expedite the hearing and assign an administrative
6195	law judge who shall commence a hearing within 30 days after the
6196	receipt of the formal written request by the division and enter
6197	a recommended order within 30 days after the hearing or within
6198	30 days after receipt of the hearing transcript, whichever is
6199	later. Each party shall be allowed 10 days in which to submit
6200	written exceptions to the recommended order. A final order shall
6201	be entered by the agency within 30 days after the entry of a
6202	recommended order. The provisions of this subparagraph may be
6203	waived upon stipulation by all parties.
6204	(c)  The commissioner may immediately suspend payment of
6205	scholarship funds if it is determined that there is probable
6206	cause to believe that there is:
6207	1.  An imminent threat to the health, safety, and welfare
6208	of the students; or
6209	2.  Fraudulent activity on the part of the private school.
6210
6211	The commissioner's order suspending payment pursuant to this
6212	paragraph may be appealed pursuant to the same procedures and
6213	timelines as the notice of proposed action set forth in
6214	paragraph (b).
6215	(11)  SCHOLARSHIP AMOUNT AND PAYMENT.--
6216	(a)  The amount of a scholarship provided to any student
6217	for any single school year by an eligible nonprofit scholarship-
6218	funding organization from eligible contributions shall not
6219	exceed the following annual limits:
6220	1.  Three thousand seven hundred fifty dollars for a
6221	scholarship awarded to a student enrolled in an eligible private
6222	school.
6223	2.  Five hundred dollars for a scholarship awarded to a
6224	student enrolled in a Florida public school that is located
6225	outside the district in which the student resides or in a lab
6226	school as defined in s. 1002.32.
6227	(b)  Payment of the scholarship by the eligible nonprofit
6228	scholarship-funding organization shall be by individual warrant
6229	or check made payable to the student's parent. If the parent
6230	chooses for his or her child to attend an eligible private
6231	school, the warrant or check must be delivered by the eligible
6232	nonprofit scholarship-funding organization to the private school
6233	of the parent's choice, and the parent shall restrictively
6234	endorse the warrant or check to the private school. An eligible
6235	nonprofit scholarship-funding organization shall ensure that the
6236	parent to whom the warrant or check is made restrictively
6237	endorsed the warrant or check to the private school for deposit
6238	into the account of the private school.
6239	(c)  An eligible nonprofit scholarship-funding organization
6240	shall obtain verification from the private school of a student's
6241	continued attendance at the school prior to each scholarship
6242	payment.
6243	(d)  Payment of the scholarship shall be made by the
6244	eligible nonprofit scholarship-funding organization no less
6245	frequently than on a quarterly basis.
6246	(12)(7)  ADMINISTRATION; RULES.--
6247	(a)  If the credit granted pursuant to this section is not
6248	fully used in any one year because of insufficient tax liability
6249	on the part of the corporation, the unused amount may be carried
6250	forward for a period not to exceed 3 years; however, any
6251	taxpayer that seeks to carry forward an unused amount of tax
6252	credit must submit an application for allocation of tax credits
6253	or carryforward credits as required in paragraph (d) in the year
6254	that the taxpayer intends to use the carryforward. The total
6255	amount of tax credits and carryforward of tax credits granted
6256	each state fiscal year under this section is $88 million. This
6257	carryforward applies to all approved contributions made after
6258	January 1, 2002. A taxpayer may not convey, assign, or transfer
6259	the credit authorized by this section to another entity unless
6260	all of the assets of the taxpayer are conveyed, assigned, or
6261	transferred in the same transaction.
6262	(b)  An application for a tax credit pursuant to this
6263	section shall be submitted to the department on forms
6264	established by rule of the department.
6265	(c)  The department and the Department of Education shall
6266	develop a cooperative agreement to assist in the administration
6267	of this section. The Department of Education shall be
6268	responsible for annually submitting, by March 15, to the
6269	department a list of eligible nonprofit scholarship-funding
6270	organizations that meet the requirements of paragraph (2)(d) and
6271	for monitoring eligibility of nonprofit scholarship-funding
6272	organizations that meet the requirements of paragraph (2)(d),
6273	eligibility of nonpublic schools that meet the requirements of
6274	paragraph (2)(c), and eligibility of expenditures under this
6275	section as provided in subsection (4).
6276	(d)  The department shall adopt rules necessary to
6277	administer this section, including rules establishing
6278	application forms and procedures and governing the allocation of
6279	tax credits and carryforward credits under this section on a
6280	first-come, first-served basis.
6281	(e)  The State Board Department of Education shall adopt
6282	rules pursuant to ss. 120.536(1) and 120.54 necessary to
6283	administer this section determine eligibility of nonprofit
6284	scholarship-funding organizations as defined in paragraph (2)(d)
6285	and according to the provisions of subsection (4) and identify
6286	qualified students as defined in paragraph (2)(e).
6287	(13)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible
6288	contributions received by an eligible nonprofit
6289	scholarship-funding organization shall be deposited in a manner
6290	consistent with s. 17.57(2).
6291	Section 102.  Section 1002.421, Florida Statutes, is
6292	created to read:
6293	1002.421  Rights and obligations of private schools
6294	participating in state school choice scholarship
6295	programs.--Requirements of this section are in addition to
6296	private school requirements outlined in s. 1002.42, specific
6297	requirements identified within respective scholarship program
6298	laws, and other provisions of Florida law that apply to private
6299	schools.
6300	(1)  A Florida private school participating in the
6301	Corporate Income Tax Credit Scholarship Program established
6302	pursuant to s. 220.187 or an educational scholarship program
6303	established pursuant to this chapter must comply with all
6304	requirements of this section.
6305	(2)  A private school participating in a scholarship
6306	program must be a Florida private school as defined in s.
6307	1002.01(2) and must:
6308	(a)  Be a registered Florida private school in accordance
6309	with s. 1002.42.
6310	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
6311	s. 2000d.
6312	(c)  Notify the department of its intent to participate in
6313	a scholarship program.
6314	(d)  Notify the department of any change in the school's
6315	name, school director, mailing address, or physical location
6316	within 15 days after the change.
6317	(e)  Complete student enrollment and attendance
6318	verification requirements, including use of an on-line
6319	attendance verification form, prior to scholarship payment.
6320	(f)  Annually complete and submit to the department a
6321	notarized scholarship compliance statement certifying the level
6322	of background screening, level 1 or level 2, that the school
6323	requires of its employees and certifying compliance with state
6324	laws relating to private school participation in the scholarship
6325	program.
6326	(g)  Provide notification to the parents of scholarship
6327	participants and applicants as to whether the school conducts a
6328	level 1 or level 2 background screening on employees who have
6329	unsupervised direct contact with students.
6330	(h)  Demonstrate fiscal soundness and accountability by:
6331	1.  Being in operation for at least 3 school years or
6332	obtaining a surety bond or letter of credit for the amount equal
6333	to the scholarship funds for any quarter and filing the surety
6334	bond or letter of credit with the department.
6335	2.  Requiring the parent of each scholarship student to
6336	personally restrictively endorse the scholarship warrant to the
6337	school. The school may not act as attorney in fact for the
6338	parent of a scholarship student under the authority of a power
6339	of attorney executed by such parent, or under any other
6340	authority, to endorse scholarship warrants on behalf of such
6341	parent.
6342	(i)  Meet applicable state and local health, safety, and
6343	welfare laws, codes, and rules, including:
6344	1.  Fire safety.
6345	2.  Building safety.
6346	(j)  Employ or contract with teachers who hold
6347	baccalaureate or higher degrees, have at least 3 years of
6348	teaching experience in public or private schools, or have
6349	special skills, knowledge, or expertise that qualifies them to
6350	provide instruction in subjects taught.
6351	(k)  Require each individual with direct student contact
6352	with a scholarship student to be of good moral character, to be
6353	subject to the level 1 background screening as provided under
6354	chapter 435, to be denied employment or terminated if required
6355	under s. 435.06, and not to be ineligible to teach in a public
6356	school because his or her educator certificate is suspended or
6357	revoked. For purposes of this paragraph:
6358	1.  An "individual with direct student contact" means any
6359	individual who has unsupervised access to a scholarship student
6360	for whom the private school is responsible.
6361	2.  The costs of fingerprinting and the background check
6362	shall not be borne by the state.
6363	3.  Continued employment of an individual after
6364	notification that the individual has failed the level 1
6365	background screening shall cause a private school to be
6366	ineligible for participation in a scholarship program.
6367	4.  An individual holding a valid Florida teaching
6368	certificate who has been fingerprinted pursuant to s. 1012.32
6369	shall not be required to comply with the provisions of this
6370	paragraph.
6371	(3)  The inability of a private school to meet the
6372	requirements of this section shall constitute a basis for the
6373	ineligibility of the private school to participate in a
6374	scholarship program as determined by the department.
6375	(4)  The inclusion of eligible private schools within
6376	options available to Florida public school students does not
6377	expand the regulatory authority of the state, its officers, or
6378	any school district to impose any additional regulation of
6379	private schools beyond those reasonably necessary to enforce
6380	requirements expressly set forth in this section.
6381	(5)  The State Board of Education shall adopt rules
6382	pursuant to ss. 120.536(1) and 120.54 to administer this
6383	section.
6384	Section 103.  The Department of Education shall evaluate
6385	the extent to which the Sunshine State Standards in the arts are
6386	being taught in each school district in kindergarten through
6387	grade 12. The evaluation shall include an analysis of student
6388	FCAT achievement levels compared to Sunshine State Standards
6389	arts instruction and enrollment in art courses. The results of
6390	this evaluation shall be provided to the Governor, the Speaker
6391	of the House of Representatives, and the President of the Senate
6392	by December 1, 2005.
6393	Section 104.  Subsections (4), (5), and (6) are added to
6394	section 1003.455, Florida Statutes, to read:
6395	1003.455  Physical education; assessment.--
6396	(4)  By September 1, 2006, each school district shall
6397	submit to the Department of Education a copy of the wellness
6398	policy required by the Child Nutrition and WIC Reauthorization
6399	Act of 2004. The department shall post the policies on the
6400	department website so that they may be reviewed and shared.
6401	(5)  By January 1, 2006, each school district is encouraged
6402	to review the level of participation and evaluate the success of
6403	the wellness programs throughout the district in each school
6404	setting.
6405	(6)  School districts are encouraged to regularly solicit
6406	public input regarding their policies on school nutritional
6407	offerings and wellness plans so that the policies meet the
6408	intent and spirit of the law, applicable rules, and Sunshine
6409	State Standards and reflect the local community's expectations
6410	and needs.
6411	Section 105.  Each public high school that has athletic
6412	facilities or participates in interscholastic sports shall have
6413	an operational defibrillator on the high school grounds. Public
6414	and private partnerships are encouraged to cover the cost
6415	associated with purchase, placement, and training on the use of
6416	the defibrillator.
6417	Section 106.  Staff Development.--School boards are
6418	encouraged to review the research and best practices regarding
6419	how planned physical movement can foster enhanced learning in
6420	academic subjects. Staff development for physical education
6421	instructors and arts instructors must include content related to
6422	an integrated curriculum, particularly in the areas of reading,
6423	mathematics, arts, fitness-based instruction, and the connection
6424	between movement and learning.
6425	Section 107.  Paragraph (a) of subsection (5) of section
6426	411.01, Florida Statutes, as amended by chapter 2004-484, Laws
6427	of Florida, is amended to read:
6428	411.01  School readiness programs; early learning
6429	coalitions.--
6430	(5)  CREATION OF EARLY LEARNING COALITIONS.--
6431	(a)  Early learning coalitions.--
6432	1.  The Agency for Workforce Innovation shall establish the
6433	minimum number of children to be served by each early learning
6434	coalition through the coalition's school readiness program. The
6435	Agency for Workforce Innovation may only approve school
6436	readiness plans in accordance with this minimum number. The
6437	minimum number must be uniform for every early learning
6438	coalition and must:
6439	a.  Permit 30 or fewer coalitions to be established; and
6440	b.  Require each coalition to serve at least 2,000 children
6441	based upon the average number of all children served per month
6442	through the coalition's school readiness program during the
6443	previous 12 months.
6444
6445	The Agency for Workforce Innovation shall adopt procedures for
6446	merging early learning coalitions, including procedures for the
6447	consolidation of merging coalitions, and for the early
6448	termination of the terms of coalition members which are
6449	necessary to accomplish the mergers. Each early learning
6450	coalition must comply with the merger procedures and shall be
6451	organized in accordance with this subparagraph by April 1, 2005.
6452	By June 30, 2005, each coalition must complete the transfer of
6453	powers, duties, functions, rules, records, personnel, property,
6454	and unexpended balances of appropriations, allocations, and
6455	other funds to the successor coalition, if applicable.
6456	Notwithstanding the provisions of this subsection , the early
6457	learning coalition that includes Jefferson, Liberty, Madison,
6458	Wakulla, and Taylor counties currently in operation is
6459	established and authorized to continue operation as an
6460	independent coalition and shall not be counted toward the limit
6461	of 30 coalitions pursuant to this subsection.
6462	2.  If an early learning coalition would serve fewer
6463	children than the minimum number established under subparagraph
6464	1., the coalition must merge with another county to form a
6465	multicounty coalition. However, the Agency for Workforce
6466	Innovation may authorize an early learning coalition to serve
6467	fewer children than the minimum number established under
6468	subparagraph 1., if:
6469	a.  The coalition demonstrates to the Agency for Workforce
6470	Innovation that merging with another county or multicounty
6471	region contiguous to the coalition would cause an extreme
6472	hardship on the coalition;
6473	b.  The Agency for Workforce Innovation has determined
6474	during the most recent annual review of the coalition's school
6475	readiness plan, or through monitoring and performance
6476	evaluations conducted under paragraph (4)(l), that the coalition
6477	has substantially implemented its plan and substantially met the
6478	performance standards and outcome measures adopted by the
6479	agency; and
6480	c.  The coalition demonstrates to the Agency for Workforce
6481	Innovation the coalition's ability to effectively and
6482	efficiently implement the Voluntary Prekindergarten Education
6483	Program.
6484
6485	If an early learning coalition fails or refuses to merge as
6486	required by this subparagraph, the Agency for Workforce
6487	Innovation may dissolve the coalition and temporarily contract
6488	with a qualified entity to continue school readiness and
6489	prekindergarten services in the coalition's county or
6490	multicounty region until the coalition is reestablished through
6491	resubmission of a school readiness plan and approval by the
6492	agency.
6493	3.  Each early learning coalition shall be composed of at
6494	least 18 members but not more than 35 members. The Agency for
6495	Workforce Innovation shall adopt standards establishing within
6496	this range the minimum and maximum number of members that may be
6497	appointed to an early learning coalition. These standards must
6498	include variations for a coalition serving a multicounty region.
6499	Each early learning coalition must comply with these standards.
6500	4.  The Governor shall appoint the chair and two other
6501	members of each early learning coalition, who must each meet the
6502	same qualifications as private-sector business members appointed
6503	by the coalition under subparagraph 6.
6504	5.  Each early learning coalition must include the
6505	following members:
6506	a.  A Department of Children and Family Services district
6507	administrator or his or her designee who is authorized to make
6508	decisions on behalf of the department.
6509	b.  A district superintendent of schools or his or her
6510	designee who is authorized to make decisions on behalf of the
6511	district, who shall be a nonvoting member.
6512	c.  A regional workforce board executive director or his or
6513	her designee.
6514	d.  A county health department director or his or her
6515	designee.
6516	e.  A children's services council or juvenile welfare board
6517	chair or executive director, if applicable, who shall be a
6518	nonvoting member if the council or board is the fiscal agent of
6519	the coalition or if the council or board contracts with and
6520	receives funds from the coalition.
6521	f.  An agency head of a local licensing agency as defined
6522	in s. 402.302, where applicable.
6523	g.  A president of a community college or his or her
6524	designee.
6525	h.  One member appointed by a board of county
6526	commissioners.
6527	i.  A central agency administrator, where applicable, who
6528	shall be a nonvoting member.
6529	j.  A Head Start director, who shall be a nonvoting member.
6530	k.  A representative of private child care providers,
6531	including family day care homes, who shall be a nonvoting
6532	member.
6533	l.  A representative of faith-based child care providers,
6534	who shall be a nonvoting member.
6535	m.  A representative of programs for children with
6536	disabilities under the federal Individuals with Disabilities
6537	Education Act, who shall be a nonvoting member.
6538	6.  Including the members appointed by the Governor under
6539	subparagraph 4., more than one-third of the members of each
6540	early learning coalition must be private-sector business members
6541	who do not have, and none of whose relatives as defined in s.
6542	112.3143 has, a substantial financial interest in the design or
6543	delivery of the Voluntary Prekindergarten Education Program
6544	created under part V of chapter 1002 or the coalition's school
6545	readiness program. To meet this requirement an early learning
6546	coalition must appoint additional members from a list of
6547	nominees submitted to the coalition by a chamber of commerce or
6548	economic development council within the geographic region served
6549	by the coalition. The Agency for Workforce Innovation shall
6550	establish criteria for appointing private-sector business
6551	members. These criteria must include standards for determining
6552	whether a member or relative has a substantial financial
6553	interest in the design or delivery of the Voluntary
6554	Prekindergarten Education Program or the coalition's school
6555	readiness program.
6556	7.  A majority of the voting membership of an early
6557	learning coalition constitutes a quorum required to conduct the
6558	business of the coalition.
6559	8.  A voting member of an early learning coalition may not
6560	appoint a designee to act in his or her place, except as
6561	otherwise provided in this paragraph. A voting member may send a
6562	representative to coalition meetings, but that representative
6563	does not have voting privileges. When a district administrator
6564	for the Department of Children and Family Services appoints a
6565	designee to an early learning coalition, the designee is the
6566	voting member of the coalition, and any individual attending in
6567	the designee's place, including the district administrator, does
6568	not have voting privileges.
6569	9.  Each member of an early learning coalition is subject
6570	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
6571	112.3143(3)(a), each voting member is a local public officer who
6572	must abstain from voting when a voting conflict exists.
6573	10.  For purposes of tort liability, each member or
6574	employee of an early learning coalition shall be governed by s.
6575	768.28.
6576	11.  An early learning coalition serving a multicounty
6577	region must include representation from each county.
6578	12.  Each early learning coalition shall establish terms
6579	for all appointed members of the coalition. The terms must be
6580	staggered and must be a uniform length that does not exceed 4
6581	years per term. Appointed members may serve a maximum of two
6582	consecutive terms. When a vacancy occurs in an appointed
6583	position, the coalition must advertise the vacancy.
6584	Section 108.  Paragraphs (e) and (f) are added to
6585	subsection (2) of section 1006.20, Florida Statutes, to read:
6586	1006.20  Athletics in public K-12 schools.--
6587	(2)  ADOPTION OF BYLAWS.--
6588	(e)  The organization shall adopt bylaws in consultation
6589	with the Florida School Boards Association and the Florida
6590	Association of District School Superintendents specifying that,
6591	in order to qualify for membership in the organization, a school
6592	must abide by district school board procedure or private school
6593	procedure that requires:
6594	1.  Instruction in physical education or health classes on
6595	the dangers of steroid use.
6596	2.  Instruction by head coaches to the members of their
6597	teams on the dangers of steroid use.
6598	3.  Inclusion of a prohibition against steroid use in the
6599	student code of conduct.
6600	4.  Inclusion of steroid effects in drug suspicion
6601	criteria.
6602	(f)  The organization shall adopt bylaws requiring
6603	adherence to the Florida Coaches Code of Ethics, including
6604	penalties for noncompliance. The Florida Coaches Code of Ethics
6605	shall be developed by October 1, 2005.
6606	Section 109.  Not later than October 1, 2005, the Florida
6607	High School Athletic Association shall make recommendations to
6608	the Speaker of the House of Representatives and the President of
6609	the Senate for a pilot drug testing program to test for
6610	performance-enhancing drugs. The pilot program must involve
6611	statewide testing of a random sample of the student athletes in
6612	a selected sport.
6613	Section 110.  Paragraph (b) of subsection (2) of section
6614	287.055, Florida Statutes, is amended, and paragraph (e) is
6615	added to subsection (4) of said section, to read:
6616	287.055  Acquisition of professional architectural,
6617	engineering, landscape architectural, or surveying and mapping
6618	services; definitions; procedures; contingent fees prohibited;
6619	penalties.--
6620	(2)  DEFINITIONS.--For purposes of this section:
6621	(b)  "Agency" means the state, a state agency, a
6622	municipality, a political subdivision, a school district, or a
6623	school board, or a regional consortium service organization
6624	formed under s. 1001.451. The term "agency" does not extend to a
6625	nongovernmental developer that contributes public facilities to
6626	a political subdivision under s. 380.06 or ss. 163.3220-
6627	163.3243.
6628	(4)  COMPETITIVE SELECTION.--
6629	(e)  A member of a regional consortium service
6630	organization, formed under s. 1001.451, may make purchases under
6631	contracts procured pursuant to this section.
6632	Section 111.  Section 1001.453, Florida Statutes, is
6633	amended to read:
6634	1001.453  Direct-support organization; use of property;
6635	board of directors; audit.--
6636	(1)  DEFINITIONS.--For the purposes of this section, the
6637	term:
6638	(a)  "District school board Direct-support organization"
6639	means a district school board direct-support organization or a
6640	regional consortium service organization direct-support an
6641	organization that:
6642	1.  Is approved by the district school board or regional
6643	consortium service organization board of directors;
6644	2.  Is a Florida corporation not for profit, incorporated
6645	under the provisions of chapter 617 and approved by the
6646	Department of State; and
6647	3.  Is organized and operated exclusively to receive, hold,
6648	invest, and administer property and to make expenditures to or
6649	for the benefit of public kindergarten through 12th grade
6650	education and adult career and community education programs in
6651	this state.
6652	(b)  "Personal services" includes full-time or part-time
6653	personnel, as well as payroll processing.
6654	(c)  "Regional consortium service organization" means an
6655	organization formed under s. 1001.451.
6656	(2)  USE OF PROPERTY.--A district school board or regional
6657	consortium service organization board of directors:
6658	(a)  Is authorized to permit the use of property,
6659	facilities, and personal services of the district or regional
6660	consortium service organization by a direct-support
6661	organization, subject to the provisions of this section.
6662	(b)  Shall prescribe by rule conditions with which a
6663	district school board direct-support organization must comply in
6664	order to use property, facilities, or personal services of the
6665	district or regional consortium service organization. Adoption
6666	of such rules shall be coordinated with the Department of
6667	Education. The rules shall provide for budget and audit review
6668	and oversight by the district school board or regional
6669	consortium service organization board of directors and the
6670	department.
6671	(c)  Shall not permit the use of property, facilities, or
6672	personal services of a direct-support organization if such
6673	organization does not provide equal employment opportunities to
6674	all persons, regardless of race, color, religion, sex, age, or
6675	national origin.
6676	(3)  BOARD OF DIRECTORS.--The board of directors of the
6677	district school board direct-support organization shall be
6678	approved by the district school board or the regional consortium
6679	service organization board of directors.
6680	(4)  ANNUAL AUDIT.--Each direct-support organization with
6681	more than $100,000 in expenditures or expenses shall provide for
6682	an annual financial audit of its financial statements in order
6683	to express an opinion on the fairness with which the financial
6684	statements are presented in conformance with generally accepted
6685	accounting principles. The audit is accounts and records, to be
6686	conducted by an independent certified public accountant in
6687	accordance with rules adopted by the Auditor General pursuant to
6688	s. 11.45(8) and the Commissioner of Education. The annual audit
6689	report shall be submitted to the Auditor General and the
6690	district school board or regional consortium service
6691	organization board of directors for review within 9 months after
6692	the end of the fiscal year or by the date established by year's
6693	end to the district school board or regional consortium service
6694	organization board of directors and the Auditor General,
6695	whichever is earlier. The Commissioner of Education, the Auditor
6696	General, and the Office of Program Policy Analysis and
6697	Government Accountability have the authority to require and
6698	receive from the organization or the district auditor or
6699	regional consortium service organization auditor any records
6700	relative to the operation of the organization. The identity of
6701	donors and all information identifying donors and prospective
6702	donors are confidential and exempt from the provisions of s.
6703	119.07(1), and that anonymity shall be maintained in the
6704	auditor's report. All other records and information shall be
6705	considered public records for the purposes of chapter 119.
6706	Section 112.  Section 1010.09, Florida Statutes, is amended
6707	to read:
6708	1010.09  Direct-support organizations.--School district,
6709	regional consortium service organization, community college, and
6710	university direct-support organizations shall be organized and
6711	conducted under the provisions of ss. 1001.453, 1004.28, and
6712	1004.70 and rules of the State Board of Education, as
6713	applicable.
6714	Section 113.  Section 1011.765, Florida Statutes, is
6715	amended to read:
6716	1011.765  Florida Academic Improvement Trust Fund matching
6717	grants.--
6718	(1)  MATCHING GRANTS.--The Florida Academic Improvement
6719	Trust Fund shall be utilized to provide matching grants to the
6720	Florida School for the Deaf and the Blind Endowment Fund, and to
6721	any public school district education foundation, and any
6722	regional consortium service organization education foundation
6723	that meets the requirements of this section and is recognized by
6724	the local school district as a its designated K-12 education
6725	foundation. For purposes of this section, "regional consortium
6726	service organization" means an organization formed under s.
6727	1001.451.
6728	(a)  The State Board of Education shall adopt rules for the
6729	administration, submission, documentation, evaluation, and
6730	approval of requests for matching funds and for maintaining
6731	accountability for matching funds.
6732	(b)  Donations, state matching funds, or proceeds from
6733	endowments established pursuant to this section shall be used at
6734	the discretion of the public school district education
6735	foundation, the regional consortium service organization
6736	education foundation, or the Florida School for the Deaf and the
6737	Blind for academic achievement within the school district,
6738	school districts, or school, and shall not be expended for the
6739	construction of facilities or for the support of interscholastic
6740	athletics. A No public school district education foundation, a
6741	regional consortium service organization education foundation,
6742	or the Florida School for the Deaf and the Blind shall not
6743	accept or purchase facilities for which the state will be asked
6744	for operating funds unless the Legislature has granted prior
6745	approval for such acquisition.
6746	(2)  ALLOCATION OF THE TRUST FUND.--Funds appropriated to
6747	the Florida Academic Improvement Trust Fund shall be allocated
6748	by the Department of Education in the following manner:
6749	(a)  For every year in which there is a legislative
6750	appropriation to the trust fund, an equal amount of the annual
6751	appropriation, to be determined by dividing the total
6752	legislative appropriation by the number of local education
6753	foundations and regional consortium service organization
6754	education foundations, as well as the Florida School for the
6755	Deaf and the Blind, must be reserved for each public school
6756	district education foundation, each regional consortium service
6757	organization education foundation, and the Florida School for
6758	the Deaf and the Blind Endowment Fund to provide each foundation
6759	and the Florida School for the Deaf and the Blind with an
6760	opportunity to receive and match appropriated funds. Trust funds
6761	that remain unmatched by contribution on April 1 of any year
6762	shall be made available for matching by any public school
6763	district education foundation, by any regional consortium
6764	service organization education foundation, and by the Florida
6765	School for the Deaf and the Blind which shall have an
6766	opportunity to apply for excess trust funds prior to the award
6767	of such funds.
6768	(b)  Matching grants shall be proportionately allocated
6769	from the trust fund on the basis of matching each $4 of state
6770	funds with $6 of private funds. To be eligible for matching, a
6771	minimum of $4,500 must be raised from private sources.
6772	(c)  Funds sufficient to provide the match shall be
6773	transferred from the state trust fund to the public school
6774	education foundation, to the regional consortium service
6775	organization education foundation, or to the Florida School for
6776	the Deaf and the Blind Endowment Fund upon notification that a
6777	proportionate amount has been received and deposited by the
6778	foundation or school into its own trust fund.
6779	(d)  If the total of the amounts to be distributed in any
6780	quarter pursuant to this subsection exceeds the amount of funds
6781	remaining from specific appropriations made for the
6782	implementation of this section, all grants shall be
6783	proportionately reduced so that the total of matching grants
6784	distributed does not exceed available appropriations.
6785	(3)  GRANT ADMINISTRATION.--
6786	(a)  Each public school district education foundation, each
6787	regional consortium service organization education foundation,
6788	and the Florida School for the Deaf and the Blind participating
6789	in the Florida Academic Improvement Trust Fund shall separately
6790	account for all funds received pursuant to this section, and may
6791	establish its own academic improvement trust fund as a
6792	depository for the private contributions, state matching funds,
6793	and earnings on investments of such funds. State matching funds
6794	shall be transferred to the public school district education
6795	foundation, to the regional consortium service organization
6796	education foundation, or to the Florida School for the Deaf and
6797	the Blind Endowment Fund upon notification that the foundation
6798	or school has received and deposited private contributions that
6799	meet the criteria for matching as provided in this section. The
6800	public school district education foundations, the regional
6801	consortium service organization education foundations, and the
6802	Florida School for the Deaf and the Blind are responsible for
6803	the maintenance, investment, and administration of their
6804	academic improvement trust funds.
6805	(b)  The public school district education foundations, the
6806	regional consortium service organization education foundations,
6807	and the Florida School for the Deaf and the Blind shall be
6808	responsible for soliciting and receiving contributions to be
6809	deposited and matched with grants for academic achievement
6810	within the school district, school districts, or school.
6811	(c)  Each public school district education foundation, each
6812	regional consortium service organization education foundation,
6813	and the Florida School for the Deaf and the Blind shall be
6814	responsible for proper expenditure of the funds received
6815	pursuant to this section.
6816	Section 114.  Subsections (6) and (7) are added to section
6817	401.107, Florida Statutes, to read:
6818	401.107  Definitions.--As used in this part, the term:
6819	(6)  "Youth athletic organization" means a private
6820	not-for-profit organization that promotes and provides organized
6821	athletic activities to youth.
6822	(7)  "Automated external defibrillator device" means a
6823	device as defined in s. 768.1325(2)(b).
6824	Section 115.  Section 401.111, Florida Statutes, is amended
6825	to read:
6826	401.111  Emergency medical services grant program;
6827	authority.--The department is hereby authorized to make grants
6828	to local agencies, and emergency medical services organizations,
6829	and youth athletic organizations in accordance with any
6830	agreement entered into pursuant to this part. These grants shall
6831	be designed to assist local said agencies and emergency medical
6832	services organizations in providing emergency medical services,
6833	including emergency medical dispatch, and to assist youth
6834	athletic organizations that work in conjunction with local
6835	emergency medical services organizations to expand the use of
6836	automated external defibrillator devices in the community. The
6837	cost of administering this program shall be paid by the
6838	department from funds appropriated to it.
6839	Section 116.  Paragraphs (a) and (b) of subsection (2) of
6840	section 401.113, Florida Statutes, are amended to read:
6841	401.113  Department; powers and duties.--
6842	(2)  The department shall annually dispense funds contained
6843	in the Emergency Medical Services Trust Fund as follows:
6844	(a)  Forty-five percent of such moneys must be divided
6845	among the counties according to the proportion of the combined
6846	amount deposited in the trust fund from the county. These funds
6847	may not be used to match grant funds as identified in paragraph
6848	(b). An individual board of county commissioners may distribute
6849	these funds to emergency medical service organizations and youth
6850	athletic organizations within the county, as it deems
6851	appropriate.
6852	(b)  Forty percent of such moneys must be used by the
6853	department for making matching grants to local agencies,
6854	municipalities, and emergency medical services organizations,
6855	and youth athletic organizations for the purpose of conducting
6856	research, increasing existing levels of emergency medical
6857	services, evaluation, community education, injury-prevention
6858	programs, and training in cardiopulmonary resuscitation and
6859	other lifesaving and first aid techniques.
6860	1.  At least 90 percent of these moneys must be made
6861	available on a cash matching basis. A grant made under this
6862	subparagraph must be contingent upon the recipient providing a
6863	cash sum equal to 25 percent of the total department-approved
6864	grant amount.
6865	2.  No more than 10 percent of these moneys must be made
6866	available to rural emergency medical services, and
6867	notwithstanding the restrictions specified in subsection (1),
6868	these moneys may be used for improvement, expansion, or
6869	continuation of services provided. A grant made under this
6870	subparagraph must be contingent upon the recipient providing a
6871	cash sum equal to no more than 10 percent of the total
6872	department-approved grant amount.
6873
6874	The department shall develop procedures and standards for grant
6875	disbursement under this paragraph based on the need for
6876	emergency medical services, the requirements of the population
6877	to be served, and the objectives of the state emergency medical
6878	services plan.
6879	Section 117.  The Department of Health shall implement an
6880	educational campaign to inform any person who acquires an
6881	automated external defibrillator device that his or her immunity
6882	from liability under s. 768.1325, Florida Statutes, for harm
6883	resulting from the use or attempted use of the device, does not
6884	apply if he or she fails to:
6885	(1)  Properly maintain and test the device; or
6886	(2)  Provide appropriate training in the use of the device
6887	to his or her employee or agent when the employee or agent was
6888	the person who used the device on the victim, except as provided
6889	in s. 768.1325, Florida Statutes.
6890	Section 118.  Subject to appropriation, the Department of
6891	Law Enforcement shall purchase a high-speed electronic
6892	fingerprint scanner and provide sufficient staff support to
6893	conduct level 2 background fingerprint screening for private
6894	schools participating in the Opportunity Scholarship Program,
6895	the John M. McKay Scholarships for Students with Disabilities
6896	Program, and the Corporate Income Tax Credit Scholarship
6897	Program. Within 90 days of acquisition of the scanner, level 2
6898	background fingerprint screening shall be required for all
6899	employees who have direct contact with students in the private
6900	schools participating in the scholarship programs. Results of
6901	the screening shall be provided to the participating private
6902	schools.
6903	Section 119.  If any provision of this act or the
6904	application thereof to any person or circumstance is held
6905	invalid, the invalidity shall not affect other provisions or
6906	applications of the act which can be given effect without the
6907	invalid provision or application and, to this end, the
6908	provisions of this act are declared severable.
6909	Section 120.  This act shall take effect upon becoming a
6910	law.
6911
6912	================ T I T L E  A M E N D M E N T =============
6913	Remove line(s) 1148-1224 and insert:
6914	A bill to be entitled
6915	An act relating to education; amending s. 20.15, F.S.;
6916	establishing the Division of Accountability, Research, and
6917	Measurement in the Department of Education; amending s.
6918	1000.01, F.S.; conforming provisions relating to the
6919	repeal of the Council for Education Policy Research and
6920	Improvement; amending s. 1001.03, F.S.; requiring the
6921	State Board of Education to review the Sunshine State
6922	Standards and provide a report evaluating the extent to
6923	which the standards are being taught; amending s. 1001.11,
6924	F.S.; conforming provisions relating to the repeal of the
6925	Council for Education Policy Research and Improvement;
6926	providing duties of the department relating to education
6927	goals; creating s. 1001.215, F.S.; creating the Just Read,
6928	Florida! Office in the Department of Education; providing
6929	duties; amending s. 1001.41, F.S.; requiring district
6930	school boards to adopt policies to provide each student a
6931	complete education program; amending s. 1001.42, F.S.;
6932	providing requirements for each district school board's
6933	system of school improvement and student progression;
6934	providing components to increase student achievement;
6935	conforming provisions relating to deletion of a rigorous
6936	reading requirement and the designation of school grades;
6937	amending s. 1002.38, F.S.; conforming provisions relating
6938	to the designation of school grades and revising the date
6939	for request of an Opportunity Scholarship; amending s.
6940	1003.01, F.S.; revising definition of the term "special
6941	education services"; amending s. 1003.03, F.S.; modifying
6942	implementation provisions relating to constitutional class
6943	size requirements; amending s. 1003.05, F.S.; deleting the
6944	requirement that certain children receive preference for
6945	admission to special academic programs even if maximum
6946	enrollment has been reached; removing charter schools from
6947	the definition of special academic programs; creating s.
6948	1003.413, F.S.; requiring each school district to
6949	establish policies to assist high school students to
6950	remain in school, graduate on time, and be prepared for
6951	postsecondary education and the workplace; directing the
6952	Commissioner of Education to create and implement the
6953	Challenge High School Recognition Program; creating the
6954	High School Reform Task Force and providing for
6955	appointment of members; requiring recommendation of a
6956	long-term plan relating to high school reform and
6957	specifying items to be addressed; providing for
6958	termination of the task force; amending s. 1003.415, F.S.;
6959	providing the mission of middle grades; deleting the
6960	rigorous reading requirement for middle grade students;
6961	deleting obsolete language relating to a department study;
6962	creating s. 1003.4155, F.S.; specifying the grading scale
6963	for grades 6 through 8; creating s. 1003.4156, F.S.;
6964	specifying general requirements for middle school
6965	promotion; requiring an intensive reading course under
6966	certain circumstances; defining an academic credit;
6967	requiring school district policies and authorizing
6968	alternative methods for progression; requiring adoption of
6969	rules for alternative promotion standards; amending s.
6970	1003.42, F.S.; revising provisions relating to required
6971	instruction and courses of study in the public schools;
6972	including study of the history of the United States and
6973	free enterprise; amending s. 1003.43, F.S., relating to
6974	general requirements for high school graduation; including
6975	study of the Declaration of Independence in the credit
6976	requirement for American government; amending s. 1003.57,
6977	F.S.; providing guidelines for determining the residency
6978	of an exceptional student with a disability who resides in
6979	a residential facility and receives special instruction or
6980	services; requiring the placing authority in a parent's
6981	state of residence to pay the cost of such instruction,
6982	facilities, and services for a nonresident exceptional
6983	student with a disability; providing requirements of the
6984	department and school districts with respect to financial
6985	obligations; providing responsibilities of residential
6986	facilities that educate exceptional students with
6987	disabilities; providing applicability; defining the term
6988	"parent" for purposes of the section; authorizing adoption
6989	of rules; creating s. 1003.575, F.S.; requiring the
6990	department to coordinate the development of an individual
6991	education plan form for use in developing and implementing
6992	individual education plans for exceptional students;
6993	requiring the form to be available to school districts to
6994	facilitate the use of an individual education plan when a
6995	student transfers; amending s. 1003.58, F.S.; correcting a
6996	cross reference; amending s. 1003.62, F.S.; conforming
6997	provisions relating to the designation of school grades
6998	and differentiated-pay policies; amending ss. 1005.22 and
6999	1007.33, F.S.; conforming provisions relating to the
7000	repeal of the Council for Education Policy Research and
7001	Improvement; amending s. 1008.22, F.S.; specifying grade
7002	level and subject area testing requirements; requiring the
7003	State Board of Education to conduct concordance studies to
7004	determine FCAT equivalencies for high school graduation;
7005	deleting a limitation on and specifying requirements for
7006	the use of alternative assessments to the grade 10 FCAT;
7007	requiring an annual report on student performance;
7008	amending s. 1008.25, F.S.; authorizing district school
7009	boards to require low-performing students to attend
7010	remediation programs outside of regular school hours;
7011	requiring the department to establish a uniform format for
7012	reporting information relating to student progression;
7013	requiring an annual report; repealing s. 1008.301, F.S.,
7014	relating to a concordance study of FCAT equivalencies for
7015	high school graduation; amending s. 1008.31, F.S.;
7016	deleting provisions relating to performance-based funding;
7017	revising goals and measures of the K-20 performance
7018	accountability system and requiring data quality
7019	improvement; providing for development of reporting and
7020	data collection requirements; requiring adoption of rules;
7021	amending s. 1008.33, F.S.; conforming provisions relating
7022	to the designation of school grades and a cross reference;
7023	authorizing district school boards to transfer teachers,
7024	faculty, and staff as needed; amending s. 1008.34, F.S.;
7025	revising terminology and provisions relating to
7026	designation and determination of school grades; specifying
7027	use of assessment data with respect to alternative
7028	schools; defining the term "home school"; requiring an
7029	annual school report card to be published by the
7030	department and distributed by school districts; creating
7031	s. 1008.341, F.S.; requiring improvement ratings for
7032	certain alternative schools; providing the basis for such
7033	ratings and requiring annual performance reports;
7034	providing for determination of school improvement ratings,
7035	identification of learning gains, and eligibility for
7036	school recognition awards; requiring an annual report card
7037	to be developed by the department and distributed by
7038	school districts; requiring adoption of rules; amending s.
7039	1008.345, F.S.; conforming provisions relating to the
7040	designation of school grades and a cross reference;
7041	amending s. 1008.36, F.S.; providing for assignment of
7042	school grades to certain feeder pattern schools that do
7043	not receive such a grade for purposes of participation in
7044	the Florida School Recognition Program; defining feeder
7045	school pattern; modifying procedures for determination and
7046	use of school recognition awards; amending s. 1008.45,
7047	F.S.; conforming provisions relating to the repeal of the
7048	Council for Education Policy Research and Improvement;
7049	repealing s. 1008.51, F.S., relating to the Council for
7050	Education Policy Research and Improvement; amending s.
7051	1011.62, F.S.; providing FTE funding for juveniles
7052	enrolled in a specified education program; conforming
7053	cross references and provisions relating to the
7054	designation of school grades; establishing a research-
7055	based reading instruction allocation to provide funds for
7056	a comprehensive reading instruction system; requiring
7057	school district plans for use of the allocation and
7058	approval thereof; including the allocation in the total
7059	amount allocated to each school district for current
7060	operation; amending s. 1011.64, F.S.; conforming
7061	terminology and cross references; amending s. 1011.685,
7062	F.S.; conforming provisions relating to the repeal of the
7063	BEST Florida Teaching salary career ladder program and
7064	implementation of a differentiated-pay policy; amending s.
7065	1011.71, F.S.; authorizing use of school board millage for
7066	payment of premiums for property and casualty insurance
7067	necessary to insure school district educational plants;
7068	limiting use of certain revenues; correcting a cross
7069	reference; amending s. 1012.21, F.S.; requiring the
7070	department to annually post online school district
7071	collective bargaining contracts; amending s. 1012.22,
7072	F.S.; deleting a requirement that each district school
7073	board adopt a performance-pay policy; requiring each
7074	district school board to annually provide its negotiated
7075	collective bargaining contract to the department;
7076	repealing s. 1012.231, F.S., relating to the BEST Florida
7077	Teaching salary career ladder program; creating s.
7078	1012.2312, F.S.; requiring each district school board to
7079	adopt a differentiated-pay policy for instructional
7080	personnel; providing factors on which differentiated pay
7081	shall be based; creating s. 1012.2313, F.S.; requiring
7082	each district school board to have a differentiated-pay
7083	policy for school administrators; providing factors on
7084	which differentiated pay shall be based; creating s.
7085	1012.2315, F.S.; providing school district requirements
7086	for the assignment of teachers and authorizing incentives;
7087	providing procedures for noncompliance; providing
7088	requirements relating to collective bargaining; amending
7089	s. 1012.27, F.S.; conforming provisions relating to the
7090	repeal of the BEST Florida Teaching salary career ladder
7091	program and implementation of a differentiated-pay policy;
7092	amending s. 1012.34, F.S.; conforming provisions relating
7093	to deletion of a rigorous reading requirement; creating s.
7094	1012.986, F.S.; establishing the Golden Leadership Academy
7095	Program; providing program requirements, leadership
7096	designations, and delivery systems; requiring adoption of
7097	rules; repealing s. 1012.987, F.S., relating to rules for
7098	a leadership designation; amending s. 1013.512, F.S.;
7099	requiring the release of funds remaining in reserve
7100	relating to school district land acquisition and
7101	facilities operations; specifying when a Land Acquisition
7102	and Facilities Advisory Board shall be disbanded;
7103	establishing the Charter School Task Force and specifying
7104	composition and duties; requiring the department to
7105	provide staff support to the task force; providing
7106	severability; amending s. 20.15, F.S.; providing for
7107	appointment of a Deputy Commissioner of Career Education
7108	in the Department of Education; amending s. 446.032, F.S.;
7109	providing duties of the department relating to
7110	apprenticeship programs and services; repealing s.
7111	446.609, F.S., relating to the Jobs for Florida's
7112	Graduates program; amending s. 464.019, F.S.; authorizing
7113	the Board of Nursing to change faculty-to-student ratios
7114	only under certain circumstances; requiring a study to
7115	evaluate rules regarding clinical instruction; providing
7116	for assistance to approved nursing programs to expand
7117	capacity; amending s. 464.0195, F.S.; requiring the
7118	Florida Center for Nursing to develop and maintain an
7119	information system; requiring an implementation plan;
7120	amending s. 1001.02, F.S.; revising State Board of
7121	Education duties with respect to developing a
7122	postsecondary enrollment plan; requiring State Board of
7123	Education rules that address baccalaureate degree programs
7124	at community colleges; amending s. 1001.20, F.S.; creating
7125	the Office of Career Education in the Department of
7126	Education and providing responsibilities of the office;
7127	amending s. 1001.64, F.S.; providing that community
7128	colleges that grant baccalaureate degrees remain under the
7129	authority of the State Board of Education with respect to
7130	specified responsibilities; providing that the board of
7131	trustees is the governing board for purposes of granting
7132	baccalaureate degrees; providing powers of the boards of
7133	trustees, including the power to establish tuition and
7134	out-of-state fees; providing restrictions; requiring such
7135	boards to adopt a policy requiring teachers who teach
7136	certain upper-division courses to teach a specified
7137	minimum number of hours; amending s. 1002.23, F.S.;
7138	requiring guidelines for parents relating to the
7139	availability of the online student advising and guidance
7140	system and additional educational opportunities; amending
7141	s. 1003.492, F.S., relating to industry-certified career
7142	education programs; deleting obsolete provisions relating
7143	to studies; amending and renumbering s. 1004.85, F.S.;
7144	providing additional purposes for creation of educator
7145	preparation institutes; creating s. 1004.226, F.S.;
7146	defining the term "center of excellence"; providing
7147	purposes and objectives of centers of excellence;
7148	providing for proposals for establishing or expanding
7149	centers of excellence; requiring the State Board of
7150	Education to develop a plan recommending the establishment
7151	or expansion of centers of excellence; requiring
7152	reporting; amending s. 1004.65, F.S.; including community
7153	colleges approved to offer baccalaureate degree programs
7154	under authority to operate; requiring such community
7155	colleges to maintain their primary mission and prohibiting
7156	them from terminating associate degree programs;
7157	prohibiting a community college from offering graduate
7158	programs; amending s. 1004.68, F.S.; authorizing the
7159	continued awarding of degrees, diplomas, and certificates
7160	by community colleges approved to offer baccalaureate
7161	degree programs; creating s. 1006.01, F.S.; requiring the
7162	department to provide a secondary and postsecondary
7163	academic and career education online student advising and
7164	guidance system; providing requirements for such system;
7165	amending s. 1006.02, F.S.; requiring documentation that
7166	students have utilized the online student advising and
7167	guidance system; amending s. 1006.025, F.S.; requiring
7168	such documentation in guidance reports; amending s.
7169	1007.2615, F.S.; revising provisions relating to
7170	certification of American Sign Language teachers; amending
7171	s. 1007.271, F.S.; specifying that dual enrollment courses
7172	are creditable toward high school graduation; providing
7173	for FTE calculation; conforming to law minimum academic
7174	credits required for graduation; clarifying requirements
7175	for participation of independent postsecondary
7176	institutions in a dual enrollment program; providing for
7177	fee exemption; amending s. 1007.33, F.S.; revising
7178	requirements for a proposal by a community college to
7179	deliver a baccalaureate degree program; requiring the
7180	State Board of Education to make proposals available for
7181	review and comment by other postsecondary educational
7182	institutions and authorizing alternative proposals;
7183	eliminating requirement for review and comment by the
7184	Council for Education Policy Research and Improvement;
7185	authorizing the State Board of Education to approve, deny,
7186	or require revisions to proposals; requiring periodic
7187	evaluation of approved programs; authorizing termination
7188	of funding for certain approved programs; requiring
7189	rulemaking; amending s. 1009.21, F.S.; revising provisions
7190	relating to determination of resident status for tuition
7191	purposes; providing for such determination for purpose of
7192	assessing tuition for instruction in workforce education
7193	programs offered by school districts; revising definitions
7194	and updating terminology; revising requirements for
7195	qualification as a resident; providing duties of
7196	institutions of higher education and school districts;
7197	providing for reclassification under certain
7198	circumstances; classifying as residents certain employees
7199	of international organizations; providing eligibility
7200	criteria for certain students who are not permanent
7201	residents of the United States for exemption from payment
7202	of nonresident tuition; limiting enrollment and requiring
7203	the department to administer the exemption program;
7204	amending s. 1009.23, F.S.; providing guidelines and
7205	restrictions for setting community college tuition and
7206	out-of-state fees for upper-division courses; requiring
7207	the State Board of Education to adopt a resident fee
7208	schedule for baccalaureate degree programs offered by
7209	community colleges; revising provisions relating to the
7210	fee for capital improvements, technology enhancements, or
7211	equipping student buildings and the use thereof; providing
7212	requirements for the issuance and validation of bonds;
7213	revising provisions relating to the allocation for child
7214	care centers; amending s. 1009.24, F.S.; providing
7215	responsibilities of the Legislature and state university
7216	boards of trustees to establish tuition and fees;
7217	providing restrictions; creating s. 1009.286, F.S.;
7218	requiring students to pay 75 percent over the in-state
7219	tuition rate for certain excess credit hours; restricting
7220	certain credit hours for purpose of calculation; providing
7221	for notice of requirements; amending s. 1009.40, F.S.;
7222	providing general requirements for student eligibility for
7223	tuition assistance grants; providing that certain students
7224	are ineligible to receive more than one state-funded
7225	tuition assistance grant; amending s. 1009.66, F.S.;
7226	renaming the Nursing Student Loan Forgiveness Program and
7227	transferring administration of the program to the
7228	Department of Education; revising criteria for receiving
7229	funds under the program and for repayment of loans;
7230	requiring that certain nurses employed as faculty in an
7231	approved nursing program be given priority in receiving
7232	funds under the program; renaming the Nursing Student Loan
7233	Forgiveness Trust Fund and transferring administration of
7234	the trust fund to the Department of Education; authorizing
7235	the adoption of rules; amending s. 1009.67, F.S.; renaming
7236	the Nursing Scholarship Program and transferring
7237	administration of the program to the Department of
7238	Education; revising criteria for receiving funds under the
7239	program; revising repayment provisions; requiring the
7240	adoption of rules; creating s. 1009.895, F.S.; creating
7241	the Florida Independent Collegiate Assistance Grant
7242	Program; providing for program administration; authorizing
7243	tuition assistance grants to certain postsecondary
7244	education students enrolling in undergraduate degree
7245	programs for specified occupations; providing institution
7246	eligibility requirements; amending s. 1009.971, F.S.;
7247	providing that the Florida Prepaid College Board shall
7248	have the power to provide for the transfer of ownership of
7249	an advance payment contract under the Florida Prepaid
7250	College Program or a participation agreement under the
7251	Florida College Savings Program upon inheritance, devise,
7252	or bequest; providing procedures and requirements with
7253	respect to such transfer of ownership; providing for
7254	specification of application contents by rule; providing
7255	applicability; amending ss. 1009.972, 1009.98, and
7256	1009.981, F.S.; authorizing the transfer of funds retained
7257	from terminated advance payment contracts, canceled
7258	contracts, and terminated participation agreements to the
7259	direct-support organization established under pt. IV of ch. 1009, F.S., for use by the
7260	Florida Prepaid Tuition Scholarship Program and for children of specified members of
7261	the armed forces of the United States who die while participating in the combat theater
7262	of operations for Operation Iraqi Freedom or Operation Enduring Freedom; deleting
7263	the requirement that an independent college or university
7264	be a not-for-profit institution to be eligible for
7265	transfer of benefits; providing a restriction on transfer
7266	of benefits; amending s. 1011.62, F.S.; providing for FTE
7267	calculation for dual enrollment instruction; amending s.
7268	1011.83, F.S.; providing for funding of approved
7269	baccalaureate programs at community colleges; providing
7270	for use of funds and reporting requirements; creating pt.
7271	VI of ch. 1011, F.S.; establishing the SUCCEED, FLORIDA!
7272	Crucial Professionals Program; providing for the
7273	appropriation of funds to the Department of Education to
7274	be distributed on a competitive basis to postsecondary
7275	educational institutions to offer programs that meet
7276	critical workforce needs; providing for a request for
7277	proposals and requirements of such proposals; requiring
7278	establishment annually by the Legislature of a priority
7279	list; providing for funding of proposals; providing
7280	requirements for grant recipients and renewal grants;
7281	establishing the SUCCEED, FLORIDA! Crucial Professionals
7282	Nursing Education Grant Program, a contract grant program
7283	for increasing the capacity of approved nursing programs;
7284	requiring the Department of Education to establish
7285	guidelines and procedures; specifying requirements for
7286	grant proposals; establishing priorities for receipt of
7287	grants; providing for review, approval, and funding of
7288	proposals; requiring the State Board of Education to
7289	submit a report on implementation status; establishing the
7290	SUCCEED, FLORIDA! Career Paths Program to provide career
7291	and professional academy startup grants; providing
7292	qualification criteria; establishing the SUCCEED, FLORIDA!
7293	Great Jobs Program; providing for the appropriation of
7294	funds to the Department of Education to be distributed on
7295	a competitive basis to postsecondary educational
7296	institutions to produce graduates to enter certain
7297	occupations in the state; providing for a request for
7298	proposals and requirements of such proposals; requiring
7299	establishment annually by the Legislature of a priority
7300	list; providing for funding of proposals; providing
7301	requirements for grant recipients; amending s. 1012.82,
7302	F.S.; revising provisions relating to minimum contact
7303	hours for community college faculty who teach upper-
7304	division courses; amending s. 1013.60, F.S.; allowing
7305	community college boards of trustees to request funding
7306	for all authorized programs and specifying requirements;
7307	requiring that enrollment in baccalaureate degree programs
7308	be computed into the survey of need for facilities;
7309	creating ch. 1014, F.S., relating to career education;
7310	defining the term "career education"; providing elements
7311	of the rigorous career education system; providing guiding
7312	principles for career education; establishing the position
7313	of Deputy Commissioner of Career Education to direct the
7314	Office of Career Education in the Department of Education
7315	and specifying qualifications for the deputy commissioner;
7316	specifying responsibilities and duties; providing
7317	legislative expectations and funding criteria for the
7318	career education system; defining the term "career and
7319	professional academy"; providing elements and duties of a
7320	career and professional academy and for certification
7321	thereof; requiring adoption of rules; amending s. 215.20,
7322	F.S.; conforming provisions relating to a trust fund;
7323	creating a program to offer discounted computers and
7324	Internet access to public school students in grades 5
7325	through 12; requiring the department to negotiate terms
7326	with computer manufacturers, nonprofit corporations that
7327	obtain reconditioned computer hardware, and broadband
7328	Internet access  providers; requiring the adoption of
7329	rules; requiring the Digital Divide Council to implement a
7330	pilot project to assist low-income students with
7331	purchasing discounted computers and Internet access
7332	services; providing for funding and authorizing the
7333	council to accept grants to implement the pilot project;
7334	requiring the Office of Program Policy Analysis and
7335	Government Accountability to study implementation of
7336	career and professional academies and make
7337	recommendations; requiring a study and report by the
7338	Office of Program Policy Analysis and Government
7339	Accountability relating to student progression in state
7340	universities; requiring the department to identify
7341	specified examinations for earning postsecondary credit
7342	for mastery of nursing course material; requiring a status
7343	report; providing for a type two transfer with respect to
7344	nursing loan programs; requiring the convening of a
7345	workgroup to make recommendations regarding bachelor of
7346	applied science degree programs; requiring a report;
7347	approving a transfer of an endowment from the Appleton
7348	Cultural Center, Inc., to the Central Florida Community
7349	College Foundation; providing restrictions on the
7350	management of the endowment; releasing the foundation from
7351	a trust agreement and statutory requirements; amending s.
7352	1002.39, F.S., relating to the John M. McKay Scholarships
7353	for Students with Disabilities Program; revising
7354	definition of the term "students with disabilities";
7355	revising student eligibility requirements for receipt of a
7356	scholarship and restricting eligibility therefor;
7357	providing for term of a scholarship; revising and adding
7358	school district obligations and clarifying parental
7359	options; revising and adding Department of Education
7360	obligations, including verification of eligibility of
7361	private schools and establishment of a process for
7362	notification of violations, subsequent investigation, and
7363	certification of compliance by private schools; providing
7364	Commissioner of Education authority and obligations,
7365	including the denial, suspension, or revocation of a
7366	private school's participation in the scholarship program
7367	and procedures and timelines therefor; revising private
7368	school eligibility and obligations, including compliance
7369	with specified laws and academic accountability to the
7370	parent; revising parent and student responsibilities for
7371	scholarship program participation; prohibiting a private
7372	school from acting as attorney in fact to sign a
7373	scholarship warrant; revising provisions relating to
7374	scholarship funding and payment; providing funding and
7375	payment requirements for former Florida School for the
7376	Deaf and the Blind students and for students exiting a
7377	Department of Juvenile Justice program; providing
7378	Department of Financial Services obligations; providing
7379	scope of authority; requiring adoption of rules; amending
7380	s. 220.187, F.S., relating to credits for contributions to
7381	nonprofit scholarship-funding organizations; revising and
7382	providing definitions; naming the scholarship program;
7383	providing student eligibility requirements for receipt of
7384	a corporate income tax credit scholarship and restricting
7385	eligibility therefor; revising provisions relating to tax
7386	credit for small businesses; providing for rescindment of
7387	tax credit allocation; revising and adding obligations of
7388	eligible nonprofit scholarship-funding organizations,
7389	including compliance with requirements for background
7390	checks, scholarship-funding organization ownership or
7391	operation, audits, and reports; requiring certain
7392	information to remain confidential in accordance with s.
7393	213.053, F.S.; revising and adding parent and student
7394	responsibilities for scholarship program participation,
7395	including compliance with private school's published
7396	policies, participation in student academic assessment,
7397	and restrictive endorsement of scholarship warrants or
7398	checks; prohibiting power of attorney for endorsing a
7399	scholarship warrant or check; revising and adding private
7400	school eligibility requirements and obligations, including
7401	compliance with specified laws and academic accountability
7402	to the parent; revising and adding Department of Education
7403	obligations, including verification of eligibility of
7404	program participants, establishment of a process for
7405	notification of violations, subsequent investigation, and
7406	certification of compliance by private schools, and
7407	selection of a research organization to analyze student
7408	performance data; providing Commissioner of Education
7409	authority and obligations, including the denial,
7410	suspension, or revocation of a private school's
7411	participation in the scholarship program and procedures
7412	and timelines therefor; revising and adding provisions
7413	relating to scholarship funding and payment, including the
7414	amount of a scholarship and the payment process; requiring
7415	adoption of rules; creating s. 1002.421, F.S., relating to
7416	rights and obligations of private schools participating in
7417	state school choice scholarship programs; providing
7418	requirements for participation in a scholarship program,
7419	including compliance with specified state, local, and
7420	federal laws and demonstration of fiscal soundness;
7421	requiring restrictive endorsement of checks and
7422	prohibiting a school from acting as attorney in fact;
7423	requiring employment of qualified teachers and background
7424	screening of individuals with direct student contact;
7425	providing scope of authority; requiring adoption of rules;
7426	the Department of Education to evaluate the extent to
7427	which the Sunshine State Standards in the arts are being
7428	taught; requiring a report to the Governor and the
7429	Legislature; amending s. 1003.455, F.S.; requiring each
7430	school district to submit a copy of its wellness policy to
7431	the Department of Education; requiring the department to
7432	post each policy on its website; encouraging each school
7433	district to review its level of participation and evaluate
7434	the success of its wellness programs; encouraging school
7435	districts to solicit public input regarding their policies
7436	on nutritional offerings and wellness plans; requiring
7437	certain public high schools to have a defibrillator on the
7438	school grounds; encouraging public and private
7439	partnerships to cover the costs associated with the
7440	defibrillator; encouraging school boards to review
7441	research with regard to how physical movement can enhance
7442	learning in academic subjects; requiring certain content
7443	to be included in staff development of physical education
7444	and arts instructors; amending s. 411.01, F.S.; providing
7445	that specified counties continue to operate as an
7446	independent early learning coalition for certain purposes;
7447	amending s. 1006.20, F.S.; requiring the Florida High
7448	School Athletic Association to adopt bylaws relating to
7449	steroid use and the adherence to a coaches code of ethics;
7450	requiring development of such code; requiring the Florida
7451	High School Athletic Association to make recommendations
7452	for a pilot drug testing program to test for performance-
7453	enhancing drugs; amending s. 287.055, F.S.; including
7454	regional consortium service organizations under provisions
7455	relating to procurement and competitive selection of
7456	certain professional services; amending 1001.453, F.S.;
7457	revising definition of direct-support organization to
7458	include a regional consortium service organization direct-
7459	support organization; authorizing use of property and
7460	requiring rules; providing for approval of a board of
7461	directors and requiring audits; amending s. 1010.09, F.S.;
7462	conforming a provision relating to direct-support
7463	organizations; amending s. 1011.765, F.S.; providing that
7464	the Florida Academic Improvement Trust Fund shall be
7465	utilized to provide matching grants to regional consortium
7466	service organization education foundations; amending s.
7467	401.107, F.S.; defining the terms "youth athletic
7468	organization" and "automated external defibrillator
7469	device"; amending s. 401.111, F.S.; providing for grants
7470	to local agencies, emergency medical services
7471	organizations, and youth athletic organizations to expand
7472	the use of automated external defibrillator devices;
7473	amending s. 401.113, F.S.; providing for disbursement of
7474	funds from the Emergency Medical Services Trust Fund;
7475	requiring the Department of Health to implement an
7476	educational campaign to inform the public about the lack
7477	of immunity from liability regarding the use of automated
7478	external defibrillator devices under certain conditions;
7479	providing for purchase of an electronic fingerprint
7480	scanner for purposes of background screening for certain
7481	private school employees; providing an effective date.

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