| 1 | A bill to be entitled |
| 2 | An act relating to education funding; amending s. |
| 3 | 1002.415, F.S.; providing a mission for the K-8 Virtual |
| 4 | School Program; revising eligibility requirements for |
| 5 | school participation and student enrollment; providing for |
| 6 | enrollment in a K-8 virtual school of eligible students |
| 7 | who submit timely applications unless the number of |
| 8 | applications exceeds the capacity of a program; removing |
| 9 | provisions relating to pilot K-8 virtual schools; revising |
| 10 | funding for the K-8 Virtual School Program to include a |
| 11 | definition of "full-time equivalent student"; providing |
| 12 | reporting requirements; establishing the district cost |
| 13 | differential; providing for funding from the General |
| 14 | Appropriations Act and authorizing schools to receive |
| 15 | other funds; prohibiting a school from increasing |
| 16 | enrollment until it achieves a specified performance grade |
| 17 | category; amending s. 1003.01, F.S.; clarifying that the |
| 18 | term "exceptional student" for purposes of ch. 1003, F.S., |
| 19 | includes gifted students in kindergarten through grade 8; |
| 20 | amending s. 1003.03, F.S., relating to maximum class size; |
| 21 | defining "team teaching," "co-teaching," and "inclusion |
| 22 | teaching strategy"; amending s. 1011.61, F.S.; revising |
| 23 | the definition of "full-time equivalent student" as it |
| 24 | relates to the Florida Virtual School; amending s. |
| 25 | 1011.62, F.S.; providing a calculation of supplemental |
| 26 | allocation for juvenile justice education programs; |
| 27 | deleting obsolete provisions relating to categorical |
| 28 | funding; amending s. 1011.71, F.S.; deleting obsolete |
| 29 | provisions relating to expenditure of capital outlay |
| 30 | millage; amending s. 1012.71, F.S., relating to the |
| 31 | Florida Teachers Lead Program Stipend; extending the |
| 32 | stipend to prekindergarten teachers, charter school |
| 33 | teachers, and job-share classroom teachers; revising |
| 34 | provisions relating to the calculation, deposit, and |
| 35 | disbursement of stipend funds; revising the definition of |
| 36 | "classroom teacher" and defining "job-share classroom |
| 37 | teacher" to conform; amending s. 1013.64, F.S.; specifying |
| 38 | the useful life of certain educational facilities; |
| 39 | clarifying the definition of capital outlay full-time |
| 40 | equivalent membership for use in determining school |
| 41 | district capital outlay funds; providing an effective |
| 42 | date. |
| 43 |
|
| 44 | Be It Enacted by the Legislature of the State of Florida: |
| 45 |
|
| 46 | Section 1. Section 1002.415, Florida Statutes, is amended |
| 47 | to read: |
| 48 | 1002.415 K-8 Virtual School Program.-- |
| 49 | (1) PROGRAM; MISSION.-- |
| 50 | (a) Subject to annual legislative appropriation, a |
| 51 | kindergarten through grade 8 virtual school program is |
| 52 | established within the Department of Education for the purpose |
| 53 | of making academic instruction available to full-time students |
| 54 | in kindergarten through grade 8 using on-line and distance |
| 55 | learning technology. The department shall use an application |
| 56 | process to select schools to deliver program instruction. |
| 57 | (b) The mission of the K-8 Virtual School Program is to |
| 58 | provide students with technology-based educational opportunities |
| 59 | to gain the knowledge and skills necessary to succeed. The |
| 60 | school shall serve any student in the state who meets the |
| 61 | profile for success in this educational delivery context and |
| 62 | shall give priority to: |
| 63 | 1. Students who need access to K-8 courses in order to |
| 64 | meet their educational needs and goals in a home environment. |
| 65 | 2. Students seeking accelerated access to move at their |
| 66 | own pace in their educational progress. |
| 67 | (2)(1) SCHOOL ELIGIBILITY.-- |
| 68 | (a) To be eligible to participate in the K-8 Virtual |
| 69 | School Program a school must: |
| 70 | 1. Be nonsectarian in its programs, admission policies, |
| 71 | employment practices, and operations; |
| 72 | 2. Comply with the antidiscrimination provisions of s. |
| 73 | 1000.05; |
| 74 | 3. Participate in the state's school accountability system |
| 75 | created in s. 1008.31; |
| 76 | 4. Locate its administrative office in this state and |
| 77 | require its administrative and instructional staff members to be |
| 78 | state residents; and |
| 79 | 5. Require no tuition or student registration fee. |
| 80 | (b) Schools applying to participate in the K-8 Virtual |
| 81 | School Program shall may be for-profit or nonprofit entities. |
| 82 | (3)(2) APPLICATION.-- |
| 83 | (a) The Department of Education shall provide an |
| 84 | application form to be completed by each school seeking to |
| 85 | participate in the K-8 Virtual School Program. Initial |
| 86 | application forms must be made available in sufficient time to |
| 87 | enable schools to apply and be approved to participate in the K- |
| 88 | 8 Virtual School Program by the beginning of the 2007-2008 |
| 89 | school year. In addition to information that may be required by |
| 90 | the department, applicants must provide verification that: |
| 91 | 1. The applicant meets the eligibility criteria required |
| 92 | by this section; |
| 93 | 2. All members of the school's instructional staff are |
| 94 | certified professional educators under the provisions of chapter |
| 95 | 1012; and |
| 96 | 3. All school employees have undergone background |
| 97 | screening as required by s. 1012.32. |
| 98 | (b) In addition to a completed application form, each |
| 99 | applicant must provide the department with: |
| 100 | 1. A detailed plan describing how the school curriculum |
| 101 | and course content will conform to the Sunshine State Standards; |
| 102 | and |
| 103 | 2. An annual financial plan for each year of operation of |
| 104 | the school for a minimum of 3 years. The plan must contain |
| 105 | anticipated fund balances based on revenue projections, a |
| 106 | spending plan based on projected revenues and expenses, and a |
| 107 | description of controls that will safeguard finances and |
| 108 | projected enrollment trends. |
| 109 | (c) The department must approve or deny a school's |
| 110 | participation in the K-8 Virtual School Program within 90 days |
| 111 | after receipt of an application. |
| 112 | (4)(3) PARTICIPATING SCHOOLS.-- |
| 113 | (a) A school approved by the department to participate in |
| 114 | the K-8 Virtual School Program shall receive an initial 3-year |
| 115 | contract with the department to provide program services, |
| 116 | subject to annual department review and legislative |
| 117 | appropriation. Contract renewals may be for up to 5 years upon |
| 118 | agreement of both parties, contingent upon annual funding in the |
| 119 | General Appropriations Act. |
| 120 | (b) A school approved to participate in the program is |
| 121 | deemed to be an independent virtual school providing, on behalf |
| 122 | of the state, a program of instruction that is full time, of 180 |
| 123 | days' duration, and an on-line program of instruction to |
| 124 | students in kindergarten through grade 8. |
| 125 | (c) A school approved to participate in the program must |
| 126 | provide each student enrolled in the virtual school with: |
| 127 | 1. All necessary instructional materials; |
| 128 | 2. All equipment, including, but not limited to, a |
| 129 | computer, computer monitor, and printer for each household that |
| 130 | has a student enrolled in the virtual school; and |
| 131 | 3. Access to or reimbursement for all Internet services |
| 132 | necessary for on-line delivery of instruction for each household |
| 133 | that has a student enrolled in the virtual school. |
| 134 | (d) Except as provided in paragraph (7)(b), a K-8 virtual |
| 135 | school shall enroll an eligible student who meets the profile |
| 136 | for success in this educational delivery context and who submits |
| 137 | a timely application, prioritized in accordance with paragraph |
| 138 | (1)(b), unless the number of such applications exceeds the |
| 139 | capacity of a program. In such case, students who have submitted |
| 140 | such applications shall have an equal chance of being admitted |
| 141 | through a random selection process. |
| 142 | (4) PILOT SCHOOLS.-- |
| 143 | (a) The two pilot K-8 virtual schools provided for in the |
| 144 | 2005 General Appropriations Act may continue operation for the |
| 145 | entire 2006-2007 school year. |
| 146 | (b) With the exception of the application and contracting |
| 147 | requirements, the pilot schools are subject to the provisions of |
| 148 | this section for the 2006-2007 school year. |
| 149 | (c) Each pilot school must complete the application |
| 150 | requirements of this section and be approved by the department |
| 151 | in order to participate in the K-8 Virtual School Program beyond |
| 152 | the 2006-2007 school year. |
| 153 | (5) STUDENT ELIGIBILITY.-- |
| 154 | (a) Enrollment in a each participating K-8 virtual school |
| 155 | is open to any K-8 student in this state who meets the profile |
| 156 | for success in this educational delivery context in accordance |
| 157 | with paragraph (1)(b) if the student meets at least one of the |
| 158 | following conditions: |
| 159 | 1. Spent the prior school year in attendance at a public |
| 160 | school in this state and was enrolled and reported by a public |
| 161 | school district for funding during the preceding October and |
| 162 | February for purposes of the Florida Education Finance Program |
| 163 | surveys; |
| 164 | 2. Was enrolled during the prior school year in a K-8 |
| 165 | virtual school funded pursuant to this section or from funds |
| 166 | provided in the 2005 General Appropriations Act; |
| 167 | 3. Is eligible to enroll in kindergarten or the first |
| 168 | grade; or |
| 169 | 4. Has a sibling who is currently enrolled in a |
| 170 | participating K-8 virtual school and was enrolled at the end of |
| 171 | the prior school year. |
| 172 | (b) Students enrolled in a K-8 virtual school are subject |
| 173 | to the compulsory attendance requirements of s. 1003.21. Student |
| 174 | attendance must be verified according to procedures of the |
| 175 | Department of Education. |
| 176 | (c) Each student enrolled in a K-8 virtual school must |
| 177 | take state assessment tests within the student's school district |
| 178 | of residence, which must provide that student with access to the |
| 179 | district's testing facilities. |
| 180 | (6) FUNDING.-- |
| 181 | (a) A "full-time equivalent student" for the K-8 Virtual |
| 182 | School Program shall be as defined in s. 1011.61(1)(c) and |
| 183 | reported under s. 1011.62(1)(c)1.a. and b. State funding for |
| 184 | each school participating in the K-8 Virtual School Program |
| 185 | shall be based on a total program enrollment and amount per |
| 186 | full-time equivalent student established annually in the General |
| 187 | Appropriations Act. |
| 188 | (b) Full-time equivalent students for the K-8 Virtual |
| 189 | School Program shall be reported only by the K-8 virtual school |
| 190 | to the Department of Education in the manner prescribed by the |
| 191 | department and shall be funded through the Florida Education |
| 192 | Finance Program. School districts shall report full-time |
| 193 | equivalent student membership only for courses for which the |
| 194 | district provides the instruction. Upon proper documentation of |
| 195 | student enrollment, which must be reviewed and approved by the |
| 196 | department, payments shall be made to participating schools in |
| 197 | four equal payments no later than September 1, November 1, |
| 198 | February 1, and April 15 of each academic year. The initial |
| 199 | payment shall be made after the department verifies each |
| 200 | student's admission to the school, and subsequent payments shall |
| 201 | be made upon verification of the continued enrollment and |
| 202 | attendance of the student. |
| 203 | (c) The district cost differential as provided in s. |
| 204 | 1011.62(2) shall be established as 1.000. |
| 205 | (d) A K-8 virtual school that participates in the K-8 |
| 206 | Virtual School Program shall receive state funds as may be |
| 207 | provided in the General Appropriations Act. |
| 208 | (e) In addition to the funds provided in the General |
| 209 | Appropriations Act, a K-8 virtual school may receive other funds |
| 210 | from grants and donations. |
| 211 | (7) ASSESSMENT AND ACCOUNTABILITY.-- |
| 212 | (a) Each K-8 virtual school must participate in the |
| 213 | statewide assessment program created under s. 1008.22 and shall |
| 214 | be subject to the school grading system created by s. 1008.34. |
| 215 | (b) A K-8 virtual school that has a performance grade |
| 216 | category of "D" or "F" must file a school improvement plan with |
| 217 | the department for consultation to determine the causes for low |
| 218 | performance and to develop a plan for correction and |
| 219 | improvement. Such a school may not increase its enrollment until |
| 220 | it achieves a performance grade category of "C" or better. |
| 221 | (c) The department shall terminate the contract of any K-8 |
| 222 | virtual school that receives a performance grade category of "D" |
| 223 | or "F" for 2 years during any consecutive 4-year period. |
| 224 | (8) CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.-- |
| 225 | (a) At the end of a contract with a K-8 virtual school, |
| 226 | the department may choose not to renew the contract for any of |
| 227 | the following grounds: |
| 228 | 1. Failure to participate in the state's education |
| 229 | accountability system created in s. 1008.31, as required in this |
| 230 | section; |
| 231 | 2. Failure to receive a school performance grade of "C" or |
| 232 | better under the school grading system created by s. 1008.34 for |
| 233 | any 2 years in a consecutive 4-year period; |
| 234 | 3. Failure to meet generally accepted standards of fiscal |
| 235 | management; |
| 236 | 4. Violation of law; |
| 237 | 5. Failure of the Legislature to fund the program; or |
| 238 | 6. Other good cause shown. |
| 239 | (b) During the term of the contract, the department may |
| 240 | terminate the contract for any of the grounds listed in |
| 241 | paragraph (a). |
| 242 | (c) If a contract is not renewed or is terminated, the K-8 |
| 243 | virtual school is responsible for all debts of the school. |
| 244 | (d) If a contract is not renewed or is terminated, a |
| 245 | student who attended the school must be allowed to be enrolled |
| 246 | in a public school in the county in which the student is a |
| 247 | resident. |
| 248 | (9) RULES.--The State Board of Education shall adopt rules |
| 249 | under ss. 120.536(1) and 120.54 to administer this section. |
| 250 | Section 2. Paragraph (a) of subsection (3) of section |
| 251 | 1003.01, Florida Statutes, is amended to read: |
| 252 | 1003.01 Definitions.--As used in this chapter, the term: |
| 253 | (3)(a) "Exceptional student" means any student who has |
| 254 | been determined eligible for a special program in accordance |
| 255 | with rules of the State Board of Education. The term includes |
| 256 | students who are gifted in kindergarten through grade 8 and |
| 257 | students with disabilities who are mentally handicapped, speech |
| 258 | and language impaired, deaf or hard of hearing, visually |
| 259 | impaired, dual sensory impaired, physically impaired, |
| 260 | emotionally handicapped, specific learning disabled, hospital |
| 261 | and homebound, autistic, developmentally delayed children, ages |
| 262 | birth through 5 years, or children, ages birth through 2 years, |
| 263 | with established conditions that are identified in State Board |
| 264 | of Education rules pursuant to s. 1003.21(1)(e). |
| 265 | Section 3. Paragraphs (c) and (d) are added to subsection |
| 266 | (5) of section 1003.03, Florida Statutes, to read: |
| 267 | 1003.03 Maximum class size.-- |
| 268 | (5) TEAM-TEACHING STRATEGIES.-- |
| 269 | (c) "Team teaching" or "co-teaching" means that two or |
| 270 | more teachers are assigned to a group of students and that each |
| 271 | teacher is responsible for planning, delivering, and evaluating |
| 272 | instruction for all students in a class or subject for the |
| 273 | entire class period. |
| 274 | (d) "Inclusion teaching strategy" means that two or more |
| 275 | teachers are assigned to a group of students, but one of the |
| 276 | teachers is only responsible for one student or a small group of |
| 277 | students in the classroom. |
| 278 |
|
| 279 | The use of strategies implemented as outlined in this subsection |
| 280 | meets the letter and intent of the Florida Constitution and the |
| 281 | Florida Statutes which relate to implementing class-size |
| 282 | reduction, and this subsection applies retroactively. A school |
| 283 | district may not be penalized financially or otherwise as a |
| 284 | result of the use of any legal strategy, including, but not |
| 285 | limited to, those set forth in subsection (3) and this |
| 286 | subsection. |
| 287 | Section 4. Paragraph (c) of subsection (1) of section |
| 288 | 1011.61, Florida Statutes, is amended to read: |
| 289 | 1011.61 Definitions.--Notwithstanding the provisions of s. |
| 290 | 1000.21, the following terms are defined as follows for the |
| 291 | purposes of the Florida Education Finance Program: |
| 292 | (1) A "full-time equivalent student" in each program of |
| 293 | the district is defined in terms of full-time students and part- |
| 294 | time students as follows: |
| 295 | (c)1. A "full-time equivalent student" is: |
| 296 | a. A full-time student in any one of the programs listed |
| 297 | in s. 1011.62(1)(c); or |
| 298 | b. A combination of full-time or part-time students in any |
| 299 | one of the programs listed in s. 1011.62(1)(c) which is the |
| 300 | equivalent of one full-time student based on the following |
| 301 | calculations: |
| 302 | (I) A full-time student, except a postsecondary or adult |
| 303 | student or a senior high school student enrolled in adult |
| 304 | education when such courses are required for high school |
| 305 | graduation, in a combination of programs listed in s. |
| 306 | 1011.62(1)(c) shall be a fraction of a full-time equivalent |
| 307 | membership in each special program equal to the number of net |
| 308 | hours per school year for which he or she is a member, divided |
| 309 | by the appropriate number of hours set forth in subparagraph |
| 310 | (a)1. or subparagraph (a)2. The difference between that fraction |
| 311 | or sum of fractions and the maximum value as set forth in |
| 312 | subsection (4) for each full-time student is presumed to be the |
| 313 | balance of the student's time not spent in such special |
| 314 | education programs and shall be recorded as time in the |
| 315 | appropriate basic program. |
| 316 | (II) A prekindergarten handicapped student shall meet the |
| 317 | requirements specified for kindergarten students. |
| 318 | (III) A Florida Virtual School full-time equivalent |
| 319 | student shall consist of six full credit completions in the |
| 320 | programs listed in s. 1011.62(1)(c)1. and 4. Credit completions |
| 321 | can be a combination of either full credits or half credits. |
| 322 | 2. A student in membership in a program scheduled for more |
| 323 | or less than 180 school days is a fraction of a full-time |
| 324 | equivalent membership equal to the number of instructional hours |
| 325 | in membership divided by the appropriate number of hours set |
| 326 | forth in subparagraph (a)1.; however, for the purposes of this |
| 327 | subparagraph, membership in programs scheduled for more than 180 |
| 328 | days is limited to students enrolled in juvenile justice |
| 329 | education programs and the Florida Virtual School. |
| 330 |
|
| 331 | The department shall determine and implement an equitable method |
| 332 | of equivalent funding for experimental schools and for schools |
| 333 | operating under emergency conditions, which schools have been |
| 334 | approved by the department to operate for less than the minimum |
| 335 | school day. |
| 336 | Section 5. Paragraphs (p) through (t) of subsection (1) of |
| 337 | section 1011.62, Florida Statutes, are redesignated as |
| 338 | paragraphs (q) through (u), respectively, a new paragraph (p) is |
| 339 | added to that subsection, and paragraph (b) of subsection (6) of |
| 340 | that section is amended, to read: |
| 341 | 1011.62 Funds for operation of schools.--If the annual |
| 342 | allocation from the Florida Education Finance Program to each |
| 343 | district for operation of schools is not determined in the |
| 344 | annual appropriations act or the substantive bill implementing |
| 345 | the annual appropriations act, it shall be determined as |
| 346 | follows: |
| 347 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
| 348 | OPERATION.--The following procedure shall be followed in |
| 349 | determining the annual allocation to each district for |
| 350 | operation: |
| 351 | (p) Calculation of supplemental allocation for juvenile |
| 352 | justice education programs.--Beginning with the 2007-2008 |
| 353 | General Appropriations Act, the total K-12 weighted full-time |
| 354 | equivalent student membership in juvenile justice education |
| 355 | programs in each school district shall be multiplied by the |
| 356 | amount of the state average class-size-reduction factor |
| 357 | multiplied by the district's cost differential. An amount equal |
| 358 | to the product of this calculation shall be allocated in the |
| 359 | FEFP to each school district to supplement other sources of |
| 360 | funding for students in juvenile justice education programs. |
| 361 | (6) CATEGORICAL FUNDS.-- |
| 362 | (b) If a district school board finds and declares in a |
| 363 | resolution adopted at a regular meeting of the school board that |
| 364 | the funds received for any of the following categorical |
| 365 | appropriations are urgently needed to maintain school board |
| 366 | specified academic classroom instruction, the school board may |
| 367 | consider and approve an amendment to the school district |
| 368 | operating budget transferring the identified amount of the |
| 369 | categorical funds to the appropriate account for expenditure: |
| 370 | 1. Funds for student transportation. |
| 371 | 2. Funds for in-service educational personnel training. |
| 372 | 2.3. Funds for safe schools. |
| 373 | 4. Funds for public school technology. |
| 374 | 3.5. Funds for supplemental academic instruction. |
| 375 | Section 6. Subsection (5) of section 1011.71, Florida |
| 376 | Statutes, is amended to read: |
| 377 | 1011.71 District school tax.-- |
| 378 | (5)(a) It is the intent of the Legislature that, by July |
| 379 | 1, 2003, revenue generated by the millage levy authorized by |
| 380 | subsection (2) should be used only for the costs of |
| 381 | construction, renovation, remodeling, maintenance, and repair of |
| 382 | the educational plant; for the purchase, lease, or lease- |
| 383 | purchase of equipment, educational plants, and construction |
| 384 | materials directly related to the delivery of student |
| 385 | instruction; for the rental or lease of existing buildings, or |
| 386 | space within existing buildings, originally constructed or used |
| 387 | for purposes other than education, for conversion to use as |
| 388 | educational facilities; for the opening day collection for the |
| 389 | library media center of a new school; for the purchase, lease- |
| 390 | purchase, or lease of school buses or the payment to a private |
| 391 | entity to offset the cost of school buses pursuant to paragraph |
| 392 | (2)(i); and for servicing of payments related to certificates of |
| 393 | participation issued for any purpose prior to the effective date |
| 394 | of this act. Costs associated with the lease-purchase of |
| 395 | equipment, educational plants, and school buses may include the |
| 396 | issuance of certificates of participation on or after the |
| 397 | effective date of this act and the servicing of payments related |
| 398 | to certificates so issued. For purposes of this section, |
| 399 | "maintenance and repair" is defined in s. 1013.01. |
| 400 | (b) For purposes not delineated in paragraph (a) for which |
| 401 | proceeds received from millage levied under subsection (2) may |
| 402 | be legally expended, a district school board may spend no more |
| 403 | than the following percentages of the amount the district spent |
| 404 | for these purposes in fiscal year 1995-1996: |
| 405 | 1. In fiscal year 2000-2001, 40 percent. |
| 406 | 2. In fiscal year 2001-2002, 25 percent. |
| 407 | 3. In fiscal year 2002-2003, 10 percent. |
| 408 | (b)(c) Beginning July 1, 2003, revenue generated by the |
| 409 | millage levy authorized by subsection (2) must be used only for |
| 410 | the purposes delineated in paragraph (a). |
| 411 | (c)(d) Notwithstanding any other provision of this |
| 412 | subsection, if through its adopted educational facilities plan a |
| 413 | district has clearly identified the need for an ancillary plant, |
| 414 | has provided opportunity for public input as to the relative |
| 415 | value of the ancillary plant versus an educational plant, and |
| 416 | has obtained public approval, the district may use revenue |
| 417 | generated by the millage levy authorized by subsection (2) for |
| 418 | the acquisition, construction, renovation, remodeling, |
| 419 | maintenance, or repair of an ancillary plant. |
| 420 |
|
| 421 | A district that violates these expenditure restrictions shall |
| 422 | have an equal dollar reduction in funds appropriated to the |
| 423 | district under s. 1011.62 in the fiscal year following the audit |
| 424 | citation. The expenditure restrictions do not apply to any |
| 425 | school district that certifies to the Commissioner of Education |
| 426 | that all of the district's instructional space needs for the |
| 427 | next 5 years can be met from capital outlay sources that the |
| 428 | district reasonably expects to receive during the next 5 years |
| 429 | or from alternative scheduling or construction, leasing, |
| 430 | rezoning, or technological methodologies that exhibit sound |
| 431 | management. |
| 432 | Section 7. Section 1012.71, Florida Statutes, is amended |
| 433 | to read: |
| 434 | 1012.71 The Florida Teachers Lead Program Stipend.-- |
| 435 | (1) Funding for the Florida Teachers Lead Program Stipend |
| 436 | shall be as determined by the Legislature in the General |
| 437 | Appropriations Act. Funds appropriated for the Florida Teachers |
| 438 | Lead Program Stipend are provided to purchase classroom |
| 439 | materials and supplies used in the instruction of students who |
| 440 | are funded through the Florida Education Finance Program, |
| 441 | including charter school students, in prekindergarten |
| 442 | kindergarten through grade 12 of the public school system. From |
| 443 | the funds appropriated, the Commissioner of Education shall |
| 444 | calculate an amount for each school district by prorating the |
| 445 | total of each school district's share of the total K-12 |
| 446 | unweighted FTE student enrollment in prekindergarten through |
| 447 | grade 12 that is funded through the Florida Education Finance |
| 448 | Program. |
| 449 | (2) From the funds allocated to each district, the |
| 450 | district school board shall calculate an identical amount for |
| 451 | each classroom teacher that which is his or her proportionate |
| 452 | share of the amount allocated to the district for the total |
| 453 | number of classroom teachers in the district. A job-share |
| 454 | classroom teacher shall receive his or her prorated share of a |
| 455 | regular full-time classroom teacher's proportionate share of the |
| 456 | stipend. The district school board shall provide the funds no |
| 457 | later than September 30 of each year directly to each classroom |
| 458 | teacher or charter school for its classroom teachers as a |
| 459 | stipend to purchase, on behalf of the school district or charter |
| 460 | school, classroom materials and supplies to be used in the |
| 461 | instruction of students assigned to the teacher. Each classroom |
| 462 | teacher shall have sole discretion regarding which classroom |
| 463 | materials and supplies best meet the needs of the students, when |
| 464 | they are needed, and where they are acquired. The funds expended |
| 465 | by individual classroom teachers shall not be subject to state |
| 466 | or local competitive bidding requirements. Disbursement of |
| 467 | Florida Teachers Lead Program Stipend funds directly to each |
| 468 | classroom teacher or charter school shall complete the school |
| 469 | district's expenditure of these funds, and disbursement of such |
| 470 | funds by the charter school to each charter school classroom |
| 471 | teacher shall complete the charter school's expenditure of these |
| 472 | funds. |
| 473 | (3) Each classroom teacher shall sign a statement |
| 474 | acknowledging receipt of the funds, agreeing to keep receipts to |
| 475 | show the expenditure of the funds used to purchase classroom |
| 476 | materials and supplies for use in the instruction of the |
| 477 | students assigned to them, and agreeing to return any unused |
| 478 | funds by the end of the regular school year. The statement to be |
| 479 | signed and dated by each classroom teacher for receipt of the |
| 480 | Florida Teachers Lead Program Stipend shall include the wording: |
| 481 | "I, (Name of teacher) , am employed by the _____ County |
| 482 | District School Board or by the Charter School as a |
| 483 | regular full-time or job-share classroom teacher. I acknowledge |
| 484 | that Florida Teachers Lead Program Stipend funds are |
| 485 | appropriated by the Legislature for the sole purpose of |
| 486 | purchasing classroom materials and supplies to be used in the |
| 487 | instruction of students assigned to me. In accepting custody of |
| 488 | these funds, I agree to keep receipts for all expenditures. I |
| 489 | understand that if I do not keep receipts showing these funds |
| 490 | were spent to purchase classroom materials and supplies for use |
| 491 | with my students, it will be my personal responsibility to pay |
| 492 | any federal taxes due on these funds. I also agree to return any |
| 493 | unused funds to the district school board at the end of the |
| 494 | regular school year for deposit into the School Advisory Council |
| 495 | account of the school at which I was employed at the time of the |
| 496 | receipt of the funds or for deposit into the Florida Teachers |
| 497 | Lead Program account of the district in which the charter school |
| 498 | is sponsored, as applicable." |
| 499 | (4) Florida Teachers Lead Program Stipend funds shall be |
| 500 | provided to each classroom teacher in addition to any other |
| 501 | funds appropriated for public school operations. |
| 502 | (5) Any unused funds that which are returned to the |
| 503 | district school board shall be deposited into the School |
| 504 | Advisory Council account of the school at which the classroom |
| 505 | teacher returning the funds was employed at the time of the |
| 506 | receipt of the funds or into the Florida Teachers Lead Program |
| 507 | account of the district in which the charter school is |
| 508 | sponsored, as applicable. |
| 509 | (6) For purposes of this section, the term "classroom |
| 510 | teacher" includes certified teachers, and also includes charter |
| 511 | school teachers, employed on or before September 1 of each year |
| 512 | whose regular full-time or job-share job responsibility is the |
| 513 | classroom instruction of students who are funded through the |
| 514 | Florida Education Finance Program, including charter school |
| 515 | students, in prekindergarten kindergarten through grade 12, and |
| 516 | full-time media specialists and guidance counselors who serve |
| 517 | such students. The term "job-share classroom teacher" means a |
| 518 | teacher who shares a full-time position with two or more other |
| 519 | classroom teachers in kindergarten through grade 12. Only school |
| 520 | district and charter school personnel employed in these |
| 521 | positions are eligible for the classroom materials and supply |
| 522 | stipend from funds appropriated to implement the provisions of |
| 523 | this section. |
| 524 | Section 8. Paragraph (a) of subsection (1) and paragraph |
| 525 | (a) of subsection (3) of section 1013.64, Florida Statutes, are |
| 526 | amended to read: |
| 527 | 1013.64 Funds for comprehensive educational plant needs; |
| 528 | construction cost maximums for school district capital |
| 529 | projects.--Allocations from the Public Education Capital Outlay |
| 530 | and Debt Service Trust Fund to the various boards for capital |
| 531 | outlay projects shall be determined as follows: |
| 532 | (1)(a) Funds for remodeling, renovation, maintenance, |
| 533 | repairs, and site improvement for existing satisfactory |
| 534 | facilities shall be given priority consideration by the |
| 535 | Legislature for appropriations allocated to the boards from the |
| 536 | total amount of the Public Education Capital Outlay and Debt |
| 537 | Service Trust Fund appropriated. These funds shall be calculated |
| 538 | pursuant to the following basic formula: the building value |
| 539 | times the building age over the sum of the years' digits |
| 540 | assuming a 50-year building life. For modular noncombustible |
| 541 | facilities, a 35- year life shall be used and, for relocatable |
| 542 | facilities, a 20-year life shall be used. "Building value" is |
| 543 | calculated by multiplying each building's total assignable |
| 544 | square feet times the appropriate net-to-gross conversion rate |
| 545 | found in state board rules and that product times the current |
| 546 | average new construction cost. "Building age" is calculated by |
| 547 | multiplying the prior year's building age times 1 minus the |
| 548 | prior year's sum received from this subsection divided by the |
| 549 | prior year's building value. To the net result shall be added |
| 550 | the number 1. Each board shall receive the percentage generated |
| 551 | by the preceding formula of the total amount appropriated for |
| 552 | the purposes of this section. |
| 553 | (3)(a) Each district school board shall receive an amount |
| 554 | from the Public Education Capital Outlay and Debt Service Trust |
| 555 | Fund to be calculated by computing the capital outlay full-time |
| 556 | equivalent membership as determined by the department. Such |
| 557 | membership must include, but is not limited to: |
| 558 | 1. K-12 students for whom the school district is required |
| 559 | to provide the educational facility, except hospital and |
| 560 | homebound part-time students; and |
| 561 | 2. Students who are career education students, and adult |
| 562 | disabled students and who are enrolled in school district career |
| 563 | centers. The capital outlay full-time equivalent membership |
| 564 | shall be determined for kindergarten through the 12th grade and |
| 565 | for career centers by averaging the unweighted full-time |
| 566 | equivalent student membership for the second and third surveys |
| 567 | and comparing the results on a school-by-school basis with the |
| 568 | Florida Inventory for School Houses. The capital outlay full- |
| 569 | time equivalent membership by grade level organization shall be |
| 570 | used in making the following calculations: The capital outlay |
| 571 | full-time equivalent membership by grade level organization for |
| 572 | the 4th prior year must be used to compute the base-year |
| 573 | allocation. The capital outlay full-time equivalent membership |
| 574 | by grade-level organization for the prior year must be used to |
| 575 | compute the growth over the highest of the 3 years preceding the |
| 576 | prior year. From the total amount appropriated by the |
| 577 | Legislature pursuant to this subsection, 40 percent shall be |
| 578 | allocated among the base capital outlay full-time equivalent |
| 579 | membership and 60 percent among the growth capital outlay full- |
| 580 | time equivalent membership. The allocation within each of these |
| 581 | groups shall be prorated to the districts based upon each |
| 582 | district's percentage of base and growth capital outlay full- |
| 583 | time membership. The most recent 4-year capital outlay full-time |
| 584 | equivalent membership data shall be used in each subsequent |
| 585 | year's calculation for the allocation of funds pursuant to this |
| 586 | subsection. If a change, correction, or recomputation of data |
| 587 | during any year results in a reduction or increase of the |
| 588 | calculated amount previously allocated to a district, the |
| 589 | allocation to that district shall be adjusted correspondingly. |
| 590 | If such recomputation results in an increase or decrease of the |
| 591 | calculated amount, such additional or reduced amounts shall be |
| 592 | added to or reduced from the district's future appropriations. |
| 593 | However, no change, correction, or recomputation of data shall |
| 594 | be made subsequent to 2 years following the initial annual |
| 595 | allocation. |
| 596 | Section 9. This act shall take effect July 1, 2007. |