| 1 | Representative(s) Pickens offered the following: |
| 2 | Amendment (with title amendment) |
| 3 | Remove everything after the enacting clause and insert: |
| 4 | Section 1. Subsections (3) and (4) of section 20.15, |
| 5 | Florida Statutes, are amended to read: |
| 6 | 20.15 Department of Education.--There is created a |
| 7 | Department of Education. |
| 8 | (3) DIVISIONS.--The following divisions of the Department |
| 9 | of Education are established: |
| 10 | (a) Division of Community Colleges. |
| 11 | (b) Division of Public Schools. |
| 12 | (c) Division of Workforce Education Colleges and |
| 13 | Universities. |
| 14 | (d) Division of Vocational Rehabilitation. |
| 15 | (e) Division of Blind Services. |
| 16 | (f) Division of Accountability, Research, and Measurement. |
| 17 | (g) Division of Finance and Operations. |
| 18 | (4) DIRECTORS.--The directors of all divisions shall be |
| 19 | appointed by the commissioner subject to approval by the state |
| 20 | board. The director of each division may be designated as |
| 21 | "Deputy Commissioner" or "Chancellor." |
| 22 | Section 2. Subsection (2) of section 145.19, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 145.19 Annual percentage increases based on increase for |
| 25 | state career service employees; limitation.-- |
| 26 | (2) Each fiscal year, the salaries of all officials listed |
| 27 | in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted. |
| 28 | The adjusted salary rate shall be the product, rounded to the |
| 29 | nearest dollar, of the salary rate granted by the appropriate |
| 30 | section of this chapter, s. 1001.395, or s. 1001.47 multiplied |
| 31 | first by the initial factor, then by the cumulative annual |
| 32 | factor, and finally by the annual factor. The Department of |
| 33 | Management Services shall certify the annual factor and the |
| 34 | cumulative annual factors. Any special qualification salary |
| 35 | received under this chapter, s. 1001.47, or the annual |
| 36 | performance salary incentive available to elected |
| 37 | superintendents under s. 1001.47 shall be added to such adjusted |
| 38 | salary rate. The special qualification salary shall be $2,000, |
| 39 | but shall not exceed $2,000. |
| 40 | Section 3. Subsection (1) of section 1001.10, Florida |
| 41 | Statutes, is amended to read: |
| 42 | 1001.10 Commissioner of Education; general powers and |
| 43 | duties.--The Commissioner of Education is the chief educational |
| 44 | officer of the state and the sole custodian of the K-20 data |
| 45 | warehouse, and is responsible for giving full assistance to the |
| 46 | State Board of Education in enforcing compliance with the |
| 47 | mission and goals of the seamless K-20 education system. To |
| 48 | facilitate innovative practices and to allow local selection of |
| 49 | educational methods, the State Board of Education may authorize |
| 50 | the commissioner to waive, upon the request of a district school |
| 51 | board, State Board of Education rules that relate to district |
| 52 | school instruction and school operations, except those rules |
| 53 | pertaining to civil rights, and student health, safety, and |
| 54 | welfare. The Commissioner of Education is not authorized to |
| 55 | grant waivers for any provisions in rule pertaining to the |
| 56 | allocation and appropriation of state and local funds for public |
| 57 | education; the election, compensation, and organization of |
| 58 | school board members and superintendents; graduation and state |
| 59 | accountability standards; financial reporting requirements; |
| 60 | reporting of out-of-field teaching assignments under s. 1012.42; |
| 61 | public meetings; public records; or due process hearings |
| 62 | governed by chapter 120. No later than January 1 of each year, |
| 63 | the commissioner shall report to the Legislature and the State |
| 64 | Board of Education all approved waiver requests in the preceding |
| 65 | year. Additionally, the commissioner has the following general |
| 66 | powers and duties: |
| 67 | (1) To organize and name the structural units of the |
| 68 | Department of Education and appoint staff necessary to carry out |
| 69 | his or her powers and duties and functions of the department in |
| 70 | a manner that meets legislative intent and promotes both |
| 71 | efficiency and accountability. |
| 72 |
|
| 73 | The commissioner's office shall operate all statewide functions |
| 74 | necessary to support the State Board of Education and the K-20 |
| 75 | education system, including strategic planning and budget |
| 76 | development, general administration, and assessment and |
| 77 | accountability. |
| 78 | Section 4. Section 1001.395, Florida Statutes, is amended |
| 79 | to read: |
| 80 | 1001.395 District school board members; |
| 81 | compensation.--Each member of the district school board shall |
| 82 | receive a base salary, the amounts indicated in this section, |
| 83 | based on the population of the county the district school board |
| 84 | member serves. In addition, compensation shall be made for |
| 85 | population increments over the minimum for each population |
| 86 | group, which shall be determined by multiplying the population |
| 87 | in excess of the minimum for the group times the group rate. The |
| 88 | product of such calculation shall be added to the base salary to |
| 89 | determine the adjusted base salary. The adjusted base salaries |
| 90 | of district school board members shall be increased annually as |
| 91 | provided for in s. 145.19. |
| 92 |
|
| | | Pop. Group | County Pop. Range | Base Salary | Group Rate |
|
| 93 |
|
| | |
| 94 |
|
| | |
| 95 |
|
| | | II | 10,000 | 49,000 | 5,833 | 0.020830 |
|
| 96 |
|
| | | III | 50,000 | 99,999 | 6,666 | 0.016680 |
|
| 97 |
|
| | | IV | 100,000 | 199,999 | 7,500 | 0.008330 |
|
| 98 |
|
| | | V | 200,000 | 399,999 | 8,333 | 0.004165 |
|
| 99 |
|
| | | VI | 400,000 | 999,999 | 9,166 | 0.001390 |
|
| 100 |
|
| | | VII | 1,000,000 |
| 10,000 | 0.000000 |
|
| 101 |
|
| 102 | District school board member salaries negotiated on or after |
| 103 | November of 2006 shall remain in effect up to the date of the |
| 104 | 2007-2008 calculation provided pursuant to s. 145.19. |
| 105 | (1) Each district school board shall annually determine |
| 106 | the salary of its members at the first regular meeting following |
| 107 | the organizational meeting held pursuant to s. 1001.371. The |
| 108 | proposed salary to be adopted shall be noticed at the time of |
| 109 | the meeting notice and shall not be increased during the |
| 110 | meeting. The salary adopted by the district school board shall |
| 111 | be in effect during the succeeding 12 months. |
| 112 | (2) This section shall apply to any district school board |
| 113 | member elected or reelected at the November 2002 general |
| 114 | election or any subsequent general election and to any person |
| 115 | appointed to fill a vacancy in the office of any such member. |
| 116 | Section 5. Subsection (2) of section 1001.47, Florida |
| 117 | Statutes, is amended to read: |
| 118 | 1001.47 District school superintendent; salary.-- |
| 119 | (2) Each elected district school superintendent shall |
| 120 | receive a base salary, the amounts indicated in this subsection, |
| 121 | based on the population of the county the elected superintendent |
| 122 | serves. In addition, compensation shall be made for population |
| 123 | increments over the minimum for each population group, which |
| 124 | shall be determined by multiplying the population in excess of |
| 125 | the minimum for the group times the group rate. The product of |
| 126 | such calculation shall be added to the base salary to determine |
| 127 | the adjusted base salary. Laws that increase the base salary |
| 128 | provided in this subsection shall contain provisions on no other |
| 129 | subject. |
| 130 |
|
| | | Pop. Group | County Pop. Range | Base Salary | Group Rate |
|
| 131 |
|
| | |
| 132 |
|
| | | I | -0- | 49,999 | $23,350 $21,250 | $0.07875 |
|
| 133 |
|
| | | II | 50,000 | 99,999 | 26,500 24,400 | 0.06300 |
|
| 134 |
|
| | | III | 100,000 | 199,999 | 29,650 27,550 | 0.02625 |
|
| 135 |
|
| | | IV | 200,000 | 399,999 | 32,275 30,175 | 0.01575 |
|
| 136 |
|
| | | V | 400,000 | 999,999 | 35,425 33,325 | 0.00525 |
|
| 137 |
|
| | | VI | 1,000,000 |
| 38,575 36,475 | 0.00400 |
|
| 138 |
|
| 139 | Section 6. Paragraphs (b), (c), (e), and (f) of subsection |
| 140 | (6), paragraph (b) of subsection (7), paragraph (k) of |
| 141 | subsection (9), and paragraph (d) of subsection (18) of section |
| 142 | 1002.33, Florida Statutes, are amended to read: |
| 143 | 1002.33 Charter schools.-- |
| 144 | (6) APPLICATION PROCESS AND REVIEW.--Charter school |
| 145 | applications are subject to the following requirements: |
| 146 | (b) A sponsor district school board shall receive and |
| 147 | review all applications for a charter school. Beginning with the |
| 148 | 2007-2008 school year, a sponsor district school board shall |
| 149 | receive and consider charter school applications received on or |
| 150 | before August 1 of each calendar year for charter schools to be |
| 151 | opened at the beginning of the school district's next school |
| 152 | year, or to be opened at a time agreed to by the applicant and |
| 153 | the sponsor district school board. A sponsor district school |
| 154 | board may receive applications later than this date if it |
| 155 | chooses. A sponsor may not charge an applicant for a charter any |
| 156 | fee for the processing or consideration of an application, and a |
| 157 | sponsor may not base its consideration or approval of an |
| 158 | application upon the promise of future payment of any kind. |
| 159 | 1. In order to facilitate an accurate budget projection |
| 160 | process, a sponsor district school board shall be held harmless |
| 161 | for FTE students who are not included in the FTE projection due |
| 162 | to approval of charter school applications after the FTE |
| 163 | projection deadline. In a further effort to facilitate an |
| 164 | accurate budget projection, within 15 calendar days after |
| 165 | receipt of a charter school application, a district school board |
| 166 | or other sponsor shall report to the Department of Education the |
| 167 | name of the applicant entity, the proposed charter school |
| 168 | location, and its projected FTE. |
| 169 | 2. In order to ensure fiscal responsibility, an |
| 170 | application for a charter school shall include a full accounting |
| 171 | of expected assets, a projection of expected sources and amounts |
| 172 | of income, including income derived from projected student |
| 173 | enrollments and from community support, and an expense |
| 174 | projection that includes full accounting of the costs of |
| 175 | operation, including start-up costs. |
| 176 | 3. A sponsor district school board shall by a majority |
| 177 | vote approve or deny an application no later than 60 calendar |
| 178 | days after the application is received, unless the sponsor |
| 179 | district school board and the applicant mutually agree in |
| 180 | writing to temporarily postpone the vote to a specific date, at |
| 181 | which time the sponsor district school board shall by a majority |
| 182 | vote approve or deny the application. If the sponsor district |
| 183 | school board fails to act on the application, an applicant may |
| 184 | appeal to the State Board of Education as provided in paragraph |
| 185 | (c). If an application is denied, the sponsor district school |
| 186 | board shall, within 10 calendar days, articulate in writing the |
| 187 | specific reasons, based upon good cause, supporting for its |
| 188 | denial of the charter application and shall provide the letter |
| 189 | of denial and supporting documentation to the applicant and to |
| 190 | the Department of Education supporting those reasons. |
| 191 | 4. For budget projection purposes, the district school |
| 192 | board or other sponsor shall report to the Department of |
| 193 | Education the approval or denial of a charter application within |
| 194 | 10 calendar days after such approval or denial. In the event of |
| 195 | approval, the report to the Department of Education shall |
| 196 | include the final projected FTE for the approved charter school. |
| 197 | 5. Upon approval of a charter application, the initial |
| 198 | startup shall commence with the beginning of the public school |
| 199 | calendar for the district in which the charter is granted unless |
| 200 | the sponsor allows a waiver of this provision for good cause. |
| 201 | (c) An applicant may appeal any denial of that applicant's |
| 202 | application or failure to act on an application to the State |
| 203 | Board of Education no later than 30 calendar days after receipt |
| 204 | of the sponsor's district school board's decision or failure to |
| 205 | act and shall notify the sponsor district school board of its |
| 206 | appeal. Any response of the sponsor district school board shall |
| 207 | be submitted to the State Board of Education within 30 calendar |
| 208 | days after notification of the appeal. Upon receipt of |
| 209 | notification from the State Board of Education that a charter |
| 210 | school applicant is filing an appeal, the Commissioner of |
| 211 | Education shall convene a meeting of the Charter School Appeal |
| 212 | Commission to study and make recommendations to the State Board |
| 213 | of Education regarding its pending decision about the appeal. |
| 214 | The commission shall forward its recommendation to the state |
| 215 | board no later than 7 calendar days prior to the date on which |
| 216 | the appeal is to be heard. The State Board of Education shall by |
| 217 | majority vote accept or reject the decision of the sponsor |
| 218 | district school board no later than 90 calendar days after an |
| 219 | appeal is filed in accordance with State Board of Education |
| 220 | rule. The Charter School Appeal Commission may reject an appeal |
| 221 | submission for failure to comply with procedural rules governing |
| 222 | the appeals process. The rejection shall describe the submission |
| 223 | errors. The appellant may have up to 15 calendar days from |
| 224 | notice of rejection to resubmit an appeal that meets |
| 225 | requirements of State Board of Education rule. An application |
| 226 | for appeal submitted subsequent to such rejection shall be |
| 227 | considered timely if the original appeal was filed within 30 |
| 228 | calendar days after receipt of notice of the specific reasons |
| 229 | for the sponsor's district school board's denial of the charter |
| 230 | application. The State Board of Education shall remand the |
| 231 | application to the sponsor district school board with its |
| 232 | written decision that the sponsor district school board approve |
| 233 | or deny the application. The sponsor district school board shall |
| 234 | implement the decision of the State Board of Education. The |
| 235 | decision of the State Board of Education is not subject to the |
| 236 | provisions of the Administrative Procedure Act, chapter 120. |
| 237 | (e) The sponsor district school board shall act upon the |
| 238 | decision of the State Board of Education within 30 calendar days |
| 239 | after it is received. The State Board of Education's decision is |
| 240 | a final action subject to judicial review in the district court |
| 241 | of appeal. |
| 242 | (f)1. A Charter School Appeal Commission is established to |
| 243 | assist the commissioner and the State Board of Education with a |
| 244 | fair and impartial review of appeals by applicants whose charter |
| 245 | applications have been denied, whose charter contracts have not |
| 246 | been renewed, or whose charter contracts have been terminated by |
| 247 | their sponsors. |
| 248 | 2. The Charter School Appeal Commission may receive copies |
| 249 | of the appeal documents forwarded to the State Board of |
| 250 | Education, review the documents, gather other applicable |
| 251 | information regarding the appeal, and make a written |
| 252 | recommendation to the commissioner. The recommendation must |
| 253 | state whether the appeal should be upheld or denied and include |
| 254 | the reasons for the recommendation being offered. The |
| 255 | commissioner shall forward the recommendation to the State Board |
| 256 | of Education no later than 7 calendar days prior to the date on |
| 257 | which the appeal is to be heard. The state board must consider |
| 258 | the commission's recommendation in making its decision, but is |
| 259 | not bound by the recommendation. The decision of the Charter |
| 260 | School Appeal Commission is not subject to the provisions of the |
| 261 | Administrative Procedure Act, chapter 120. |
| 262 | 3. The commissioner shall appoint the members of the |
| 263 | Charter School Appeal Commission. Members shall serve without |
| 264 | compensation but may be reimbursed for travel and per diem |
| 265 | expenses in conjunction with their service. One-half of the |
| 266 | members must represent currently operating charter schools, and |
| 267 | one-half of the members must represent sponsors school |
| 268 | districts. The commissioner or a named designee shall chair the |
| 269 | Charter School Appeal Commission. |
| 270 | 4. The chair shall convene meetings of the commission and |
| 271 | shall ensure that the written recommendations are completed and |
| 272 | forwarded in a timely manner. In cases where the commission |
| 273 | cannot reach a decision, the chair shall make the written |
| 274 | recommendation with justification, noting that the decision was |
| 275 | rendered by the chair. |
| 276 | 5. Commission members shall thoroughly review the |
| 277 | materials presented to them from the appellant and the sponsor. |
| 278 | The commission may request information to clarify the |
| 279 | documentation presented to it. In the course of its review, the |
| 280 | commission may facilitate the postponement of an appeal in those |
| 281 | cases where additional time and communication may negate the |
| 282 | need for a formal appeal and both parties agree, in writing, to |
| 283 | postpone the appeal to the State Board of Education. A new date |
| 284 | certain for the appeal shall then be set based upon the rules |
| 285 | and procedures of the State Board of Education. Commission |
| 286 | members shall provide a written recommendation to the state |
| 287 | board as to whether the appeal should be upheld or denied. A |
| 288 | fact-based justification for the recommendation must be |
| 289 | included. The chair must ensure that the written recommendation |
| 290 | is submitted to the State Board of Education members no later |
| 291 | than 7 calendar days prior to the date on which the appeal is to |
| 292 | be heard. Both parties in the case shall also be provided a copy |
| 293 | of the recommendation. |
| 294 | (7) CHARTER.--The major issues involving the operation of |
| 295 | a charter school shall be considered in advance and written into |
| 296 | the charter. The charter shall be signed by the governing body |
| 297 | of the charter school and the sponsor, following a public |
| 298 | hearing to ensure community input. |
| 299 | (b)1. A charter may be renewed provided that a program |
| 300 | review demonstrates that the criteria in paragraph (a) have been |
| 301 | successfully accomplished and that none of the grounds for |
| 302 | nonrenewal established by paragraph (8)(a) has been documented. |
| 303 | In order to facilitate long-term financing for charter school |
| 304 | construction, charter schools operating for a minimum of 3 2 |
| 305 | years and demonstrating exemplary academic programming and |
| 306 | fiscal management are eligible for a 15-year charter renewal. |
| 307 | Such long-term charter is subject to annual review and may be |
| 308 | terminated during the term of the charter. |
| 309 | 2. The 15-year charter renewal that may be granted |
| 310 | pursuant to subparagraph 1. shall be granted to a charter school |
| 311 | that has received a school grade of "A" or "B" pursuant to s. |
| 312 | 1008.34 in 3 of the past 4 years and is not in a state of |
| 313 | financial emergency or deficit position as defined by this |
| 314 | section. Such long-term charter is subject to annual review and |
| 315 | may be terminated during the term of the charter pursuant to |
| 316 | subsection (8). |
| 317 | (9) CHARTER SCHOOL REQUIREMENTS.-- |
| 318 | (k) The governing body of the charter school shall be |
| 319 | responsible for: |
| 320 | 1. Ensuring that the charter school has retained the |
| 321 | services of a certified public accountant or auditor for the |
| 322 | annual financial audit, pursuant to paragraph (g), who shall |
| 323 | submit the report to the governing body. |
| 324 | 2. Reviewing and approving the audit report, including |
| 325 | audit findings and recommendations for the financial recovery |
| 326 | plan. |
| 327 | 3. Monitoring a financial recovery plan in order to ensure |
| 328 | compliance. |
| 329 | 4. Participating in governance training approved by the |
| 330 | department that must include government in the sunshine, |
| 331 | conflicts of interest, ethics, and financial responsibility. |
| 332 | (18) FACILITIES.-- |
| 333 | (d) Charter school facilities are exempt from assessments |
| 334 | of fees for building permits, except as provided in s. 553.80, |
| 335 | fees for building and occupational licenses, and impact fees, or |
| 336 | service availability fees, and assessments for special benefits. |
| 337 | Section 7. Subsections (2) and (4) of section 1003.428, |
| 338 | Florida Statutes, are amended to read: |
| 339 | 1003.428 General Requirements for high school graduation; |
| 340 | revised.-- |
| 341 | (2) The 24 credits may be earned through applied, |
| 342 | integrated, and combined courses approved by the Department of |
| 343 | Education and shall be distributed as follows: |
| 344 | (a) Sixteen core curriculum credits: |
| 345 | 1. Four credits in English, with major concentration in |
| 346 | composition, reading for information, and literature. |
| 347 | 2. Four credits in mathematics, one of which must be |
| 348 | Algebra I, a series of courses equivalent to Algebra I, or a |
| 349 | higher-level mathematics course. School districts are encouraged |
| 350 | to set specific goals to increase enrollments in, and successful |
| 351 | completion of, geometry and Algebra II. |
| 352 | 3. Three credits in science, two of which must have a |
| 353 | laboratory component. |
| 354 | 4. Three credits in social studies as follows: one credit |
| 355 | in American history; one credit in world history; one-half |
| 356 | credit in economics; and one-half credit in American government. |
| 357 | 5. One credit in fine or performing arts, which may |
| 358 | include speech and debate. |
| 359 | 6. One credit in physical education to include integration |
| 360 | of health. Participation in an interscholastic sport at the |
| 361 | junior varsity or varsity level for two full seasons shall |
| 362 | satisfy the one-credit requirement in physical education if the |
| 363 | student passes a competency test on personal fitness with a |
| 364 | score of "C" or better. The competency test on personal fitness |
| 365 | must be developed by the Department of Education. A district |
| 366 | school board may not require that the one credit in physical |
| 367 | education be taken during the 9th grade year. Completion of one |
| 368 | semester with a grade of "C" or better in a marching band class, |
| 369 | in a physical activity class that requires participation in |
| 370 | marching band activities as an extracurricular activity, or in a |
| 371 | dance class shall satisfy one-half credit in physical education |
| 372 | or one-half credit in performing arts. This credit may not be |
| 373 | used to satisfy the personal fitness requirement or the |
| 374 | requirement for adaptive physical education under an individual |
| 375 | education plan (IEP) or 504 plan. Completion of 2 years in a |
| 376 | Reserve Officer Training Corps (R.O.T.C.) class, a significant |
| 377 | component of which is drills, shall satisfy the one-credit |
| 378 | requirement in physical education and the one-credit requirement |
| 379 | in performing arts. This credit may not be used to satisfy the |
| 380 | personal fitness requirement or the requirement for adaptive |
| 381 | physical education under an individual education plan (IEP) or |
| 382 | 504 plan. |
| 383 | (b) Eight credits in majors, minors, or electives: |
| 384 | 1. Four credits in a major area of interest, such as |
| 385 | sequential courses in a career and technical program, fine and |
| 386 | performing arts, or academic content area, selected by the |
| 387 | student as part of the education plan required by s. 1003.4156. |
| 388 | Students may revise major areas of interest each year as part of |
| 389 | annual course registration processes and should update their |
| 390 | education plan to reflect such revisions. Annually by October 1, |
| 391 | the district school board shall approve major areas of interest |
| 392 | and submit the list of majors to the Commissioner of Education |
| 393 | for approval. Each major area of interest shall be deemed |
| 394 | approved unless specifically rejected by the commissioner within |
| 395 | 60 days. Upon approval, each district's major areas of interest |
| 396 | shall be available for use by all school districts and shall be |
| 397 | posted on the department's website. |
| 398 | 2. Four credits in elective courses selected by the |
| 399 | student as part of the education plan required by s. 1003.4156. |
| 400 | These credits may be combined to allow for a second major area |
| 401 | of interest pursuant to subparagraph 1., a minor area of |
| 402 | interest, elective courses, or intensive reading or mathematics |
| 403 | intervention courses, or credit recovery courses as described in |
| 404 | this subparagraph. |
| 405 | a. Minor areas of interest are composed of three credits |
| 406 | selected by the student as part of the education plan required |
| 407 | by s. 1003.4156 and approved by the district school board. |
| 408 | b. Elective courses are selected by the student in order |
| 409 | to pursue a complete education program as described in s. |
| 410 | 1001.41(3) and to meet eligibility requirements for |
| 411 | scholarships. |
| 412 | c. For each year in which a student scores at Level l on |
| 413 | FCAT Reading, the student must be enrolled in and complete an |
| 414 | intensive reading course the following year. Placement of Level |
| 415 | 2 readers in either an intensive reading course or a content |
| 416 | area course in which reading strategies are delivered shall be |
| 417 | determined by diagnosis of reading needs. The department shall |
| 418 | provide guidance on appropriate strategies for diagnosing and |
| 419 | meeting the varying instructional needs of students reading |
| 420 | below grade level. Reading courses shall be designed and offered |
| 421 | pursuant to the comprehensive reading plan required by s. |
| 422 | 1011.62(8). |
| 423 | d. For each year in which a student scores at Level 1 or |
| 424 | Level 2 on FCAT Mathematics, the student must receive |
| 425 | remediation the following year. These courses may be taught |
| 426 | through applied, integrated, or combined courses and are subject |
| 427 | to approval by the department for inclusion in the Course Code |
| 428 | Directory. |
| 429 | e. Credit recovery courses shall be offered so that |
| 430 | students can simultaneously earn an elective credit and the |
| 431 | recovered credit. |
| 432 | (4) Each district school board shall establish standards |
| 433 | for graduation from its schools, which must include: |
| 434 | (a) Successful completion of the academic credit or |
| 435 | curriculum requirements of subsections (1) and (2). |
| 436 | (b) Earning passing scores on the FCAT, as defined in s. |
| 437 | 1008.22(3)(c), or scores on a standardized test that are |
| 438 | concordant with passing scores on the FCAT as defined in s. |
| 439 | 1008.22(9). |
| 440 | (c) Completion of all other applicable requirements |
| 441 | prescribed by the district school board pursuant to s. 1008.25. |
| 442 | (d) Achievement of a cumulative grade point average of 2.0 |
| 443 | on a 4.0 scale, or its equivalent, in the courses required by |
| 444 | this section. |
| 445 |
|
| 446 | Each district school board shall adopt policies designed to |
| 447 | assist students in meeting the requirements of this subsection. |
| 448 | These policies may include, but are not limited to: forgiveness |
| 449 | policies, summer school or before or after school attendance, |
| 450 | special counseling, volunteers or peer tutors, school-sponsored |
| 451 | help sessions, homework hotlines, and study skills classes. |
| 452 | Forgiveness policies for required courses shall be limited to |
| 453 | replacing a grade of "D" or "F," or the equivalent of a grade of |
| 454 | "D" or "F," with a grade of "C" or higher, or the equivalent of |
| 455 | a grade of "C" or higher, earned subsequently in the same or |
| 456 | comparable course. Forgiveness policies for elective courses |
| 457 | shall be limited to replacing a grade of "D" or "F," or the |
| 458 | equivalent of a grade of "D" or "F," with a grade of "C" or |
| 459 | higher, or the equivalent of a grade of "C" or higher, earned |
| 460 | subsequently in another course. The only exception to these |
| 461 | forgiveness policies shall be made for a student in the middle |
| 462 | grades who takes any high school course for high school credit |
| 463 | and earns a grade of "C," "D," or "F" or the equivalent of a |
| 464 | grade of "C," "D," or "F." In such case, the district |
| 465 | forgiveness policy must allow the replacement of the grade with |
| 466 | a grade of "C" or higher, or the equivalent of a grade of "C" or |
| 467 | higher, earned subsequently in the same or comparable course. In |
| 468 | all cases of grade forgiveness, only the new grade shall be used |
| 469 | in the calculation of the student's grade point average. Any |
| 470 | course grade not replaced according to a district school board |
| 471 | forgiveness policy shall be included in the calculation of the |
| 472 | cumulative grade point average required for graduation. |
| 473 | Section 8. Paragraph (e) of subsection (2) of section |
| 474 | 1003.51, Florida Statutes, is amended to read: |
| 475 | 1003.51 Other public educational services.-- |
| 476 | (2) The State Board of Education shall adopt and maintain |
| 477 | an administrative rule articulating expectations for effective |
| 478 | education programs for youth in Department of Juvenile Justice |
| 479 | programs, including, but not limited to, education programs in |
| 480 | juvenile justice commitment and detention facilities. The rule |
| 481 | shall articulate policies and standards for education programs |
| 482 | for youth in Department of Juvenile Justice programs and shall |
| 483 | include the following: |
| 484 | (e) Assessment procedures, which: |
| 485 | 1. Include appropriate academic and career assessments |
| 486 | administered at program entry and exit that are selected by the |
| 487 | Department of Education in partnership with representatives from |
| 488 | the Department of Juvenile Justice, district school boards, and |
| 489 | providers. |
| 490 | 2. Require district school boards to be responsible for |
| 491 | ensuring the completion of the assessment process. |
| 492 | 3. Require assessments for students in detention who will |
| 493 | move on to commitment facilities, to be designed to create the |
| 494 | foundation for developing the student's education program in the |
| 495 | assigned commitment facility. |
| 496 | 4. Require assessments of students sent directly to |
| 497 | commitment facilities to be completed within the first 10 school |
| 498 | days week of the student's commitment. |
| 499 |
|
| 500 | The results of these assessments, together with a portfolio |
| 501 | depicting the student's academic and career accomplishments, |
| 502 | shall be included in the discharge package assembled for each |
| 503 | youth. |
| 504 | Section 9. Subsection (7) of section 1003.62, Florida |
| 505 | Statutes, is amended to read: |
| 506 | 1003.62 Academic performance-based charter school |
| 507 | districts.--The State Board of Education may enter into a |
| 508 | performance contract with district school boards as authorized |
| 509 | in this section for the purpose of establishing them as academic |
| 510 | performance-based charter school districts. The purpose of this |
| 511 | section is to examine a new relationship between the State Board |
| 512 | of Education and district school boards that will produce |
| 513 | significant improvements in student achievement, while complying |
| 514 | with constitutional and statutory requirements assigned to each |
| 515 | entity. |
| 516 | (7) PILOT PROGRAM CHARTER SCHOOL DISTRICTS; GRANDFATHER |
| 517 | PROVISION.--The State Board of Education shall use the criteria |
| 518 | approved in the initial charter applications issued to the |
| 519 | school districts of Volusia, Hillsborough, Orange, and Palm |
| 520 | Beach Counties to renew those pilot program charter school |
| 521 | districts in accordance with this subsection. No additional |
| 522 | pilot program charter school districts shall be approved, and |
| 523 | the pilot program consists solely of school districts in |
| 524 | Volusia, Hillsborough, Orange, and Palm Beach Counties. The |
| 525 | termination of the charter school districts pilot program is |
| 526 | effective July 1, 2010. July 1, 2007, or upon the end of a 5- |
| 527 | year renewal contract issued by the State Board of Education to |
| 528 | the Volusia County, Hillsborough County, Orange County, or Palm |
| 529 | Beach County school district prior to July 1, 2003, whichever is |
| 530 | later. |
| 531 | Section 10. This act shall take effect upon becoming a law |
| 532 | except that the amendment to s. 1002.33(18)(d), Florida |
| 533 | Statutes, by this act, shall apply retroactively to July 1, |
| 534 | 1996. |
| 535 |
|
| 536 | ======= T I T L E A M E N D M E N T ========== |
| 537 | Remove the entire title and insert: |
| 538 | A bill to be entitled |
| 539 | An act relating to education; amending s. 20.15, F.S.; |
| 540 | revising the divisions of the Department of Education to |
| 541 | replace the Division of Colleges and Universities with the |
| 542 | Division of Workforce Education and to include the |
| 543 | Division of Finance and Operations; providing name |
| 544 | designations for the director of each division; amending |
| 545 | s. 145.19, F.S., relating to salary increases based on |
| 546 | increase for state career service employees, to include |
| 547 | district school board member salaries; amending s. |
| 548 | 1001.10, F.S., relating to the Commissioner of Education's |
| 549 | powers and duties, to include organizing and naming the |
| 550 | structural units of the Department of Education and |
| 551 | appointing staff to carry out department functions; |
| 552 | amending s. 1001.395, F.S.; revising the manner in which |
| 553 | compensation of district school board members is |
| 554 | determined; specifying base salary amounts; amending s. |
| 555 | 1001.47, F.S.; revising provisions relating to base |
| 556 | salaries of district school superintendents; amending s. |
| 557 | 1002.33, F.S., relating to charter schools; updating |
| 558 | terminology; clarifying the standard for review of charter |
| 559 | school applications; clarifying charter renewal |
| 560 | provisions; requiring the governing body to participate in |
| 561 | certain governance training; clarifying charter school |
| 562 | facility fee exemptions; amending s. 1003.428, F.S.; |
| 563 | revising provisions governing credit requirements for high |
| 564 | school graduation; removing language relating to credit |
| 565 | recovery courses; requiring policies to assist students in |
| 566 | meeting high school graduation requirements; providing |
| 567 | guidelines for district school board grade forgiveness |
| 568 | policies; amending s. 1003.51, F.S.; providing additional |
| 569 | time for initial educational assessments of youths |
| 570 | assigned to Department of Juvenile Justice education |
| 571 | programs; amending s. 1003.62, F.S.; postponing |
| 572 | termination of a charter school district pilot program in |
| 573 | certain counties; providing for retroactive application; |
| 574 | providing an effective date. |