| 1 | The Conference Committee on HB 5083 offered the following: |
| 2 |
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| 3 | Conference Committee Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Paragraph (a) of subsection (22) of section |
| 6 | 121.021, Florida Statutes, is amended to read: |
| 7 | 121.021 Definitions.--The following words and phrases as |
| 8 | used in this chapter have the respective meanings set forth |
| 9 | unless a different meaning is plainly required by the context: |
| 10 | (22) "Compensation" means the monthly salary paid a member |
| 11 | by his or her employer for work performed arising from that |
| 12 | employment. |
| 13 | (a) Compensation shall include: |
| 14 | 1. Overtime payments paid from a salary fund. |
| 15 | 2. Accumulated annual leave payments. |
| 16 | 3. Payments in addition to the employee's base rate of pay |
| 17 | if all the following apply: |
| 18 | a. The payments are paid according to a formal written |
| 19 | policy that applies to all eligible employees equally; |
| 20 | b. The policy provides that payments shall commence no |
| 21 | later than the 11th year of employment; |
| 22 | c. The payments are paid for as long as the employee |
| 23 | continues his or her employment; and |
| 24 | d. The payments are paid at least annually. |
| 25 | 4. Amounts withheld for tax sheltered annuities or |
| 26 | deferred compensation programs, or any other type of salary |
| 27 | reduction plan authorized under the Internal Revenue Code. |
| 28 | 5. Payments made in lieu of a permanent increase in the |
| 29 | base rate of pay, whether made annually or in 12 or 26 equal |
| 30 | payments within a 12-month period, when the member's base pay is |
| 31 | at the maximum of his or her pay range. When a portion of a |
| 32 | member's annual increase raises his or her pay range and the |
| 33 | excess is paid as a lump sum payment, such lump sum payment |
| 34 | shall be compensation for retirement purposes. |
| 35 | 6. Effective July 1, 2002, salary supplements made |
| 36 | pursuant to s. 1012.72 requiring a valid National Board for |
| 37 | Professional Standards certificate, notwithstanding the |
| 38 | provisions of subparagraph 3. |
| 39 | Section 2. Paragraph (i) of subsection (9) of section |
| 40 | 220.187, Florida Statutes is amended to read: |
| 41 | 220.187 Credits for contributions to nonprofit |
| 42 | scholarship-funding organizations.-- |
| 43 | (9) DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department |
| 44 | of Education shall: |
| 45 | (i) Maintain a list of In accordance with State Board of |
| 46 | Education rule, identify and select the nationally norm- |
| 47 | referenced tests identified for purposes of satisfying the |
| 48 | testing requirement in subparagraph (8)(c)2. The tests must meet |
| 49 | that are comparable to the norm-referenced provisions of the |
| 50 | Florida Comprehensive Assessment Test (FCAT) provided that the |
| 51 | FCAT may be one of the tests selected. However, the Department |
| 52 | of Education may approve the use of an additional assessment by |
| 53 | the school if the assessment meets industry standards of quality |
| 54 | in accordance with State Board of Education rule and |
| 55 | comparability. |
| 56 | Section 3. Paragraph (c) is added to subsection (2) of |
| 57 | section 1001.451, Florida Statutes, to read: |
| 58 | 1001.451 Regional consortium service organizations.--In |
| 59 | order to provide a full range of programs to larger numbers of |
| 60 | students, minimize duplication of services, and encourage the |
| 61 | development of new programs and services: |
| 62 | (2) |
| 63 | (c) Notwithstanding paragraph (a), the appropriation for |
| 64 | the 2008-2009 fiscal year may be less than $50,000 per school |
| 65 | district and eligible member. If the amount appropriated is |
| 66 | insufficient to provide $50,000, the funds available must be |
| 67 | prorated among all eligible districts and members. This |
| 68 | paragraph expires July 1, 2009. |
| 69 | Section 4. Paragraph (a) of subsection (20) of section |
| 70 | 1002.33, Florida Statutes, is amended to read: |
| 71 | 1002.33 Charter schools.-- |
| 72 | (20) SERVICES.-- |
| 73 | (a) A sponsor shall provide certain administrative and |
| 74 | educational services to charter schools. These services shall |
| 75 | include contract management services; full-time equivalent and |
| 76 | data reporting services; exceptional student education |
| 77 | administration services; services related to eligibility and |
| 78 | reporting duties required to ensure that school lunch services |
| 79 | under the federal lunch program, consistent with the needs of |
| 80 | the charter school, are provided by the school district at the |
| 81 | request of the charter school; test administration services, |
| 82 | including payment of the costs of state-required or district- |
| 83 | required student assessments; processing of teacher certificate |
| 84 | data services; and information services, including equal access |
| 85 | to student information systems that are used by public schools |
| 86 | in the district in which the charter school is located. Student |
| 87 | performance data for each student in a charter school, |
| 88 | including, but not limited to, FCAT scores, standardized test |
| 89 | scores, previous public school student report cards, and student |
| 90 | performance measures, shall be provided by the sponsor to a |
| 91 | charter school in the same manner provided to other public |
| 92 | schools in the district. A total administrative fee for the |
| 93 | provision of such services shall be calculated based upon up to |
| 94 | 5 percent of the available funds defined in paragraph (17)(b) |
| 95 | for all students. However, a sponsor may only withhold up to a |
| 96 | 5-percent administrative fee for enrollment for up to and |
| 97 | including 500 students. For charter schools with a population of |
| 98 | 501 or more students, the difference between the total |
| 99 | administrative fee calculation and the amount of the |
| 100 | administrative fee withheld may only be used for capital outlay |
| 101 | purposes specified in s. 1013.62(2). Each charter school shall |
| 102 | receive 100 percent of the funds awarded to that school pursuant |
| 103 | to s. 1012.225. Sponsors shall not charge charter schools any |
| 104 | additional fees or surcharges for administrative and educational |
| 105 | services in addition to the maximum 5-percent administrative fee |
| 106 | withheld pursuant to this paragraph. |
| 107 | Section 5. Paragraph (b) of subsection (2) of section |
| 108 | 1003.03, Florida Statutes, is amended to read: |
| 109 | 1003.03 Maximum class size.-- |
| 110 | (2) IMPLEMENTATION.-- |
| 111 | (b) Determination of the number of students per classroom |
| 112 | in paragraph (a) shall be calculated as follows: |
| 113 | 1. For fiscal years 2003-2004 through 2005-2006, the |
| 114 | calculation for compliance for each of the 3 grade groupings |
| 115 | shall be the average at the district level. |
| 116 | 2. For fiscal years 2006-2007 through 2008-2009 2007-2008, |
| 117 | the calculation for compliance for each of the 3 grade groupings |
| 118 | shall be the average at the school level. |
| 119 | 3. For fiscal year years 2008-2009, 2009-2010, and |
| 120 | thereafter, the calculation for compliance shall be at the |
| 121 | individual classroom level. |
| 122 | 4. For fiscal years 2006-2007 through 2009-2010 and |
| 123 | thereafter, each teacher assigned to any classroom shall be |
| 124 | included in the calculation for compliance. |
| 125 | Section 6. Subsection (2) of section 1007.271, Florida |
| 126 | Statutes, is amended to read: |
| 127 | 1007.271 Dual enrollment programs.-- |
| 128 | (2) For the purpose of this section, an eligible secondary |
| 129 | student is a student who is enrolled in a Florida public |
| 130 | secondary school or in a Florida private secondary school which |
| 131 | is in compliance with s. 1002.42(2) and conducts a secondary |
| 132 | curriculum pursuant to s. 1003.43. Students enrolled in |
| 133 | postsecondary instruction that is not creditable toward the high |
| 134 | school diploma shall not be classified as dual enrollments. |
| 135 | Students who are eligible for dual enrollment pursuant to this |
| 136 | section shall be permitted to enroll in dual enrollment courses |
| 137 | conducted during school hours, after school hours, and during |
| 138 | the summer term. Instructional time for such enrollment may vary |
| 139 | from 900 hours; however, the school district may only report the |
| 140 | student for a maximum of 1.0 FTE, as provided in s. 1011.61(4). |
| 141 | Each semester of instruction that is eligible for high school |
| 142 | and postsecondary credit shall be reported by school districts |
| 143 | as 75 membership hours for purposes of FTE calculation. Any |
| 144 | student so enrolled is exempt from the payment of registration, |
| 145 | tuition, and laboratory fees. Vocational-preparatory |
| 146 | instruction, college-preparatory instruction, and other forms of |
| 147 | precollegiate instruction, as well as physical education courses |
| 148 | that focus on the physical execution of a skill rather than the |
| 149 | intellectual attributes of the activity, are ineligible for |
| 150 | inclusion in the dual enrollment program. Recreation and leisure |
| 151 | studies courses shall be evaluated individually in the same |
| 152 | manner as physical education courses for potential inclusion in |
| 153 | the program. |
| 154 | Section 7. Paragraph (c) of subsection (3) and subsection |
| 155 | (10) of section 1008.22, Florida Statutes, are amended to read: |
| 156 | 1008.22 Student assessment program for public schools.-- |
| 157 | (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall |
| 158 | design and implement a statewide program of educational |
| 159 | assessment that provides information for the improvement of the |
| 160 | operation and management of the public schools, including |
| 161 | schools operating for the purpose of providing educational |
| 162 | services to youth in Department of Juvenile Justice programs. |
| 163 | The commissioner may enter into contracts for the continued |
| 164 | administration of the assessment, testing, and evaluation |
| 165 | programs authorized and funded by the Legislature. Contracts may |
| 166 | be initiated in 1 fiscal year and continue into the next and may |
| 167 | be paid from the appropriations of either or both fiscal years. |
| 168 | The commissioner is authorized to negotiate for the sale or |
| 169 | lease of tests, scoring protocols, test scoring services, and |
| 170 | related materials developed pursuant to law. Pursuant to the |
| 171 | statewide assessment program, the commissioner shall: |
| 172 | (c) Develop and implement a student achievement testing |
| 173 | program known as the Florida Comprehensive Assessment Test |
| 174 | (FCAT) as part of the statewide assessment program to measure |
| 175 | reading, writing, science, and mathematics. Other content areas |
| 176 | may be included as directed by the commissioner. The assessment |
| 177 | of reading and mathematics shall be administered annually in |
| 178 | grades 3 through 10. The assessment of writing and science shall |
| 179 | be administered at least once at the elementary, middle, and |
| 180 | high school levels. The commissioner must document the |
| 181 | procedures used to ensure that the versions of the FCAT which |
| 182 | are taken by students retaking the grade 10 FCAT are equally as |
| 183 | challenging and difficult as the tests taken by students in |
| 184 | grade 10 which contain performance tasks. The testing program |
| 185 | must be designed so that: |
| 186 | 1. The tests measure student skills and competencies |
| 187 | adopted by the State Board of Education as specified in |
| 188 | paragraph (a). The tests must measure and report student |
| 189 | proficiency levels of all students assessed in reading, writing, |
| 190 | mathematics, and science. The commissioner shall provide for the |
| 191 | tests to be developed or obtained, as appropriate, through |
| 192 | contracts and project agreements with private vendors, public |
| 193 | vendors, public agencies, postsecondary educational |
| 194 | institutions, or school districts. The commissioner shall obtain |
| 195 | input with respect to the design and implementation of the |
| 196 | testing program from state educators, assistive technology |
| 197 | experts, and the public. |
| 198 | 2. The testing program shall be composed will include a |
| 199 | combination of norm-referenced and criterion-referenced tests |
| 200 | that shall and include, to the extent determined by the |
| 201 | commissioner, include test items questions that require the |
| 202 | student to produce information or perform tasks in such a way |
| 203 | that the skills and competencies he or she uses can be measured. |
| 204 | 3. Each testing program, whether at the elementary, |
| 205 | middle, or high school level, includes a test of writing in |
| 206 | which students are required to produce writings that are then |
| 207 | scored by appropriate and timely methods. |
| 208 | 4. A score is designated for each subject area tested, |
| 209 | below which score a student's performance is deemed inadequate. |
| 210 | The school districts shall provide appropriate remedial |
| 211 | instruction to students who score below these levels. |
| 212 | 5. Except as provided in s. 1003.428(8)(b) or s. |
| 213 | 1003.43(11)(b), students must earn a passing score on the grade |
| 214 | 10 assessment test described in this paragraph or attain |
| 215 | concordant scores as described in subsection (9) in reading, |
| 216 | writing, and mathematics to qualify for a standard high school |
| 217 | diploma. The State Board of Education shall designate a passing |
| 218 | score for each part of the grade 10 assessment test. In |
| 219 | establishing passing scores, the state board shall consider any |
| 220 | possible negative impact of the test on minority students. The |
| 221 | State Board of Education shall adopt rules which specify the |
| 222 | passing scores for the grade 10 FCAT. Any such rules, which have |
| 223 | the effect of raising the required passing scores, shall only |
| 224 | apply to students taking the grade 10 FCAT for the first time |
| 225 | after such rules are adopted by the State Board of Education. |
| 226 | 6. Participation in the testing program is mandatory for |
| 227 | all students attending public school, including students served |
| 228 | in Department of Juvenile Justice programs, except as otherwise |
| 229 | prescribed by the commissioner. If a student does not |
| 230 | participate in the statewide assessment, the district must |
| 231 | notify the student's parent and provide the parent with |
| 232 | information regarding the implications of such nonparticipation. |
| 233 | A parent must provide signed consent for a student to receive |
| 234 | classroom instructional accommodations that would not be |
| 235 | available or permitted on the statewide assessments and must |
| 236 | acknowledge in writing that he or she understands the |
| 237 | implications of such instructional accommodations. The State |
| 238 | Board of Education shall adopt rules, based upon recommendations |
| 239 | of the commissioner, for the provision of test accommodations |
| 240 | for students in exceptional education programs and for students |
| 241 | who have limited English proficiency. Accommodations that negate |
| 242 | the validity of a statewide assessment are not allowable in the |
| 243 | administration of the FCAT. However, instructional |
| 244 | accommodations are allowable in the classroom if included in a |
| 245 | student's individual education plan. Students using |
| 246 | instructional accommodations in the classroom that are not |
| 247 | allowable as accommodations on the FCAT may have the FCAT |
| 248 | requirement waived pursuant to the requirements of s. |
| 249 | 1003.428(8)(b) or s. 1003.43(11)(b). |
| 250 | 7. A student seeking an adult high school diploma must |
| 251 | meet the same testing requirements that a regular high school |
| 252 | student must meet. |
| 253 | 8. District school boards must provide instruction to |
| 254 | prepare students to demonstrate proficiency in the skills and |
| 255 | competencies necessary for successful grade-to-grade progression |
| 256 | and high school graduation. If a student is provided with |
| 257 | instructional accommodations in the classroom that are not |
| 258 | allowable as accommodations in the statewide assessment program, |
| 259 | as described in the test manuals, the district must inform the |
| 260 | parent in writing and must provide the parent with information |
| 261 | regarding the impact on the student's ability to meet expected |
| 262 | proficiency levels in reading, writing, and math. The |
| 263 | commissioner shall conduct studies as necessary to verify that |
| 264 | the required skills and competencies are part of the district |
| 265 | instructional programs. |
| 266 | 9. District school boards must provide opportunities for |
| 267 | students to demonstrate an acceptable level of performance on an |
| 268 | alternative standardized assessment approved by the State Board |
| 269 | of Education following enrollment in summer academies. |
| 270 | 10. The Department of Education must develop, or select, |
| 271 | and implement a common battery of assessment tools that will be |
| 272 | used in all juvenile justice programs in the state. These tools |
| 273 | must accurately measure the skills and competencies established |
| 274 | in the Sunshine State Standards. |
| 275 | 11. For students seeking a special diploma pursuant to s. |
| 276 | 1003.438, the Department of Education must develop or select and |
| 277 | implement an alternate assessment tool that accurately measures |
| 278 | the skills and competencies established in the Sunshine State |
| 279 | Standards for students with disabilities under s. 1003.438. |
| 280 |
|
| 281 | The commissioner may, based on collaboration and input from |
| 282 | school districts, design and implement student testing programs, |
| 283 | for any grade level and subject area, necessary to effectively |
| 284 | monitor educational achievement in the state, including the |
| 285 | measurement of educational achievement of the Sunshine State |
| 286 | Standards for students with disabilities. Development and |
| 287 | refinement of assessments shall include universal design |
| 288 | principles and accessibility standards that will prevent any |
| 289 | unintended obstacles for students with disabilities while |
| 290 | ensuring the validity and reliability of the test. These |
| 291 | principles should be applicable to all technology platforms and |
| 292 | assistive devices available for the assessments. The field |
| 293 | testing process and psychometric analyses for the statewide |
| 294 | assessment program must include an appropriate percentage of |
| 295 | students with disabilities and an evaluation or determination of |
| 296 | the effect of test items on such students. |
| 297 | (10) REPORTS.--The Department of Education shall annually |
| 298 | provide a report to the Governor, the President of the Senate, |
| 299 | and the Speaker of the House of Representatives on the |
| 300 | following: |
| 301 | (a) Longitudinal performance of students in mathematics |
| 302 | and reading. |
| 303 | (b) Longitudinal performance of students by grade level in |
| 304 | mathematics and reading. |
| 305 | (c) Longitudinal performance regarding efforts to close |
| 306 | the achievement gap. |
| 307 | (d) Longitudinal performance of students on the norm- |
| 308 | referenced component of the FCAT. |
| 309 | (d)(e) Other student performance data based on national |
| 310 | norm-referenced and criterion-referenced tests, when available, |
| 311 | and numbers of students who after 8th grade enroll in adult |
| 312 | education rather than other secondary education. |
| 313 | Section 8. Paragraphs (i) and (l) through (v) of |
| 314 | subsection (1), paragraph (b) of subsection (4), and subsections |
| 315 | (6) and (8) of section 1011.62, Florida Statutes, as amended by |
| 316 | chapter 2007-328, Laws of Florida, are amended, subsections (10) |
| 317 | and (11) of that section are amended and renumbered as |
| 318 | subsections (11) and (12), respectively, and a new subsection |
| 319 | (10) is added to that section, to read: |
| 320 | 1011.62 Funds for operation of schools.--If the annual |
| 321 | allocation from the Florida Education Finance Program to each |
| 322 | district for operation of schools is not determined in the |
| 323 | annual appropriations act or the substantive bill implementing |
| 324 | the annual appropriations act, it shall be determined as |
| 325 | follows: |
| 326 | (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR |
| 327 | OPERATION.--The following procedure shall be followed in |
| 328 | determining the annual allocation to each district for |
| 329 | operation: |
| 330 | (i) Calculation of full-time equivalent membership with |
| 331 | respect to dual enrollment instruction.--Students enrolled in |
| 332 | dual enrollment instruction pursuant to s. 1007.271 may be |
| 333 | included in calculations of full-time equivalent student |
| 334 | memberships for basic programs for grades 9 through 12 by a |
| 335 | district school board. Instructional time for dual enrollment |
| 336 | may vary from 900 hours; however, the school district may only |
| 337 | report the student for a maximum of 1.0 full-time equivalent |
| 338 | student membership, as provided in s. 1011.61(4). Dual |
| 339 | enrollment full-time equivalent student membership shall be |
| 340 | calculated in an amount equal to the hours of instruction that |
| 341 | would be necessary to earn the full-time equivalent student |
| 342 | membership for an equivalent course if it were taught in the |
| 343 | school district. Each semester of instruction that is eligible |
| 344 | for high school and postsecondary credit shall be reported by |
| 345 | school districts as 75 membership hours for purposes of FTE |
| 346 | calculation. Such Students in dual enrollment courses may also |
| 347 | be calculated as the proportional shares of full-time equivalent |
| 348 | enrollments they generate for a community college or university |
| 349 | conducting the dual enrollment instruction. Early admission |
| 350 | students shall be considered dual enrollments for funding |
| 351 | purposes. Students may be enrolled in dual enrollment |
| 352 | instruction provided by an eligible independent college or |
| 353 | university and may be included in calculations of full-time |
| 354 | equivalent student memberships for basic programs for grades 9 |
| 355 | through 12 by a district school board. However, those provisions |
| 356 | of law which exempt dual enrolled and early admission students |
| 357 | from payment of instructional materials and tuition and fees, |
| 358 | including laboratory fees, shall not apply to students who |
| 359 | select the option of enrolling in an eligible independent |
| 360 | institution. An independent college or university which is |
| 361 | located and chartered in Florida, is not for profit, is |
| 362 | accredited by the Commission on Colleges of the Southern |
| 363 | Association of Colleges and Schools or the Accrediting Council |
| 364 | for Independent Colleges and Schools, and which confers degrees |
| 365 | as defined in s. 1005.02 shall be eligible for inclusion in the |
| 366 | dual enrollment or early admission program. Students enrolled in |
| 367 | dual enrollment instruction shall be exempt from the payment of |
| 368 | tuition and fees, including laboratory fees. No student enrolled |
| 369 | in college credit mathematics or English dual enrollment |
| 370 | instruction shall be funded as a dual enrollment unless the |
| 371 | student has successfully completed the relevant section of the |
| 372 | entry-level examination required pursuant to s. 1008.30. |
| 373 | (l) Calculation of additional full-time equivalent |
| 374 | membership based on international baccalaureate examination |
| 375 | scores of students.--A value of 0.16 0.24 full-time equivalent |
| 376 | student membership shall be calculated for each student enrolled |
| 377 | in an international baccalaureate course who receives a score of |
| 378 | 4 or higher on a subject examination. A value of 0.3 full-time |
| 379 | equivalent student membership shall be calculated for each |
| 380 | student who receives an international baccalaureate diploma. |
| 381 | Such value shall be added to the total full-time equivalent |
| 382 | student membership in basic programs for grades 9 through 12 in |
| 383 | the subsequent fiscal year. The school district shall distribute |
| 384 | to each classroom teacher who provided international |
| 385 | baccalaureate instruction: |
| 386 | 1. A bonus in the amount of $50 for each student taught by |
| 387 | the International Baccalaureate teacher in each international |
| 388 | baccalaureate course who receives a score of 4 or higher on the |
| 389 | international baccalaureate examination. |
| 390 | 2. An additional bonus of $500 to each International |
| 391 | Baccalaureate teacher in a school designated with a grade of "D" |
| 392 | or "F" who has at least one student scoring 4 or higher on the |
| 393 | international baccalaureate examination, regardless of the |
| 394 | number of classes taught or of the number of students scoring a |
| 395 | 4 or higher on the international baccalaureate examination. |
| 396 | Bonuses awarded to a teacher according to this paragraph shall |
| 397 | not exceed $2,000 in any given school year and shall be in |
| 398 | addition to any regular wage or other bonus the teacher received |
| 399 | or is scheduled to receive. |
| 400 | (m) Calculation of additional full-time equivalent |
| 401 | membership based on Advanced International Certificate of |
| 402 | Education examination scores of students.--A value of 0.16 0.24 |
| 403 | full-time equivalent student membership shall be calculated for |
| 404 | each student enrolled in a full-credit Advanced International |
| 405 | Certificate of Education course who receives a score of E or |
| 406 | higher on a subject examination. A value of 0.08 0.12 full-time |
| 407 | equivalent student membership shall be calculated for each |
| 408 | student enrolled in a half-credit Advanced International |
| 409 | Certificate of Education course who receives a score of E or |
| 410 | higher on a subject examination. A value of 0.3 full-time |
| 411 | equivalent student membership shall be calculated for each |
| 412 | student who receives an Advanced International Certificate of |
| 413 | Education diploma. Such value shall be added to the total full- |
| 414 | time equivalent student membership in basic programs for grades |
| 415 | 9 through 12 in the subsequent fiscal year. The school district |
| 416 | shall distribute to each classroom teacher who provided Advanced |
| 417 | International Certificate of Education instruction: |
| 418 | 1. A bonus in the amount of $50 for each student taught by |
| 419 | the Advanced International Certificate of Education teacher in |
| 420 | each full-credit Advanced International Certificate of Education |
| 421 | course who receives a score of E or higher on the Advanced |
| 422 | International Certificate of Education examination. A bonus in |
| 423 | the amount of $25 for each student taught by the Advanced |
| 424 | International Certificate of Education teacher in each half- |
| 425 | credit Advanced International Certificate of Education course |
| 426 | who receives a score of E or higher on the Advanced |
| 427 | International Certificate of Education examination. |
| 428 | 2. An additional bonus of $500 to each Advanced |
| 429 | International Certificate of Education teacher in a school |
| 430 | designated with a grade of "D" or "F" who has at least one |
| 431 | student scoring E or higher on the full-credit Advanced |
| 432 | International Certificate of Education examination, regardless |
| 433 | of the number of classes taught or of the number of students |
| 434 | scoring an E or higher on the full-credit Advanced International |
| 435 | Certificate of Education examination. |
| 436 | 3. Additional bonuses of $250 each to teachers of half- |
| 437 | credit Advanced International Certificate of Education classes |
| 438 | in a school designated with a grade of "D" or "F" which has at |
| 439 | least one student scoring an E or higher on the half-credit |
| 440 | Advanced International Certificate of Education examination in |
| 441 | that class. The maximum additional bonus for a teacher awarded |
| 442 | in accordance with this subparagraph shall not exceed $500 in |
| 443 | any given school year. Teachers receiving an award under |
| 444 | subparagraph 2. are not eligible for a bonus under this |
| 445 | subparagraph. |
| 446 |
|
| 447 | Bonuses awarded to a teacher according to this paragraph shall |
| 448 | not exceed $2,000 in any given school year and shall be in |
| 449 | addition to any regular wage or other bonus the teacher received |
| 450 | or is scheduled to receive. |
| 451 | (n) Calculation of additional full-time equivalent |
| 452 | membership based on college board advanced placement scores of |
| 453 | students.--A value of 0.16 0.24 full-time equivalent student |
| 454 | membership shall be calculated for each student in each advanced |
| 455 | placement course who receives a score of 3 or higher on the |
| 456 | College Board Advanced Placement Examination for the prior year |
| 457 | and added to the total full-time equivalent student membership |
| 458 | in basic programs for grades 9 through 12 in the subsequent |
| 459 | fiscal year. Each district must allocate at least 80 percent of |
| 460 | the funds provided to the district for advanced placement |
| 461 | instruction, in accordance with this paragraph, to the high |
| 462 | school that generates the funds. The school district shall |
| 463 | distribute to each classroom teacher who provided advanced |
| 464 | placement instruction: |
| 465 | 1. A bonus in the amount of $50 for each student taught by |
| 466 | the Advanced Placement teacher in each advanced placement course |
| 467 | who receives a score of 3 or higher on the College Board |
| 468 | Advanced Placement Examination. |
| 469 | 2. An additional bonus of $500 to each Advanced Placement |
| 470 | teacher in a school designated with a grade of "D" or "F" who |
| 471 | has at least one student scoring 3 or higher on the College |
| 472 | Board Advanced Placement Examination, regardless of the number |
| 473 | of classes taught or of the number of students scoring a 3 or |
| 474 | higher on the College Board Advanced Placement Examination. |
| 475 | Bonuses awarded to a teacher according to this paragraph shall |
| 476 | not exceed $2,000 in any given school year and shall be in |
| 477 | addition to any regular wage or other bonus the teacher received |
| 478 | or is scheduled to receive. |
| 479 | (o) Calculation of additional full-time equivalent |
| 480 | membership based on completion of high school level algebra |
| 481 | courses by students in grades 6 through 8.--A value of 0.088 |
| 482 | full-time equivalent student membership shall be calculated for |
| 483 | each student in grades 6 through 8 who completes a high school |
| 484 | level algebra course and receives a grade of C or better. Such |
| 485 | value shall be added to the total full-time equivalent student |
| 486 | membership in basic programs for grades 6 through 8. Each |
| 487 | district must allocate the funds provided to the district for |
| 488 | students in grades 6 through 8 who complete a high school level |
| 489 | algebra course and receive a grade of C or better to the school |
| 490 | that generated the funds. |
| 491 | (p) Calculation of supplemental allocation for juvenile |
| 492 | justice education programs.--Beginning with the 2007-2008 |
| 493 | General Appropriations Act, the total K-12 weighted full-time |
| 494 | equivalent student membership in juvenile justice education |
| 495 | programs in each school district shall be multiplied by the |
| 496 | amount of the state average class-size-reduction factor |
| 497 | multiplied by the district's cost differential. An amount equal |
| 498 | to the sum of this calculation shall be allocated in the FEFP to |
| 499 | each school district to supplement other sources of funding for |
| 500 | students in juvenile justice education programs. |
| 501 | (o)(q) Calculation of additional full-time equivalent |
| 502 | membership based on certification of successful completion of |
| 503 | industry-certified career and professional academy programs |
| 504 | pursuant to s. 1003.492.--A value of 0.3 full-time equivalent |
| 505 | student membership shall be calculated for each student who |
| 506 | completes an industry-certified career and professional academy |
| 507 | program under s. 1003.492 and who is issued the highest level of |
| 508 | an industry certification and a high school diploma certificate. |
| 509 | Such value shall be added to the total full-time equivalent |
| 510 | student membership in secondary career education programs for |
| 511 | grades 9 through 12 in the subsequent year for courses that were |
| 512 | not funded through dual enrollment. The additional full-time |
| 513 | equivalent membership authorized under this paragraph may not |
| 514 | exceed 0.3 per student. Unless a different amount is specified |
| 515 | in the General Appropriations Act, the appropriation for this |
| 516 | calculation is limited to $15 $30 million annually. If the |
| 517 | appropriation is insufficient to fully fund the total |
| 518 | calculation, the appropriation shall be prorated. |
| 519 | (p)(r) Calculation of additional full-time equivalent |
| 520 | membership for the Florida Virtual School.--The total reported |
| 521 | full-time equivalent student membership for the Florida Virtual |
| 522 | School shall be multiplied by 0.114, and such value shall be |
| 523 | added to the total full-time equivalent student membership. |
| 524 | (q)(s) Year-round-school programs.--The Commissioner of |
| 525 | Education is authorized to adjust student eligibility |
| 526 | definitions, funding criteria, and reporting requirements of |
| 527 | statutes and rules in order that year-round-school programs may |
| 528 | achieve equivalent application of funding requirements with non- |
| 529 | year-round-school programs. |
| 530 | (r)(t) Extended-school-year program.--It is the intent of |
| 531 | the Legislature that students be provided additional instruction |
| 532 | by extending the school year to 210 days or more. Districts may |
| 533 | apply to the Commissioner of Education for funds to be used in |
| 534 | planning and implementing an extended-school-year program. The |
| 535 | Department of Education shall recommend to the Legislature the |
| 536 | policies necessary for full implementation of an extended school |
| 537 | year. |
| 538 | (s)(u) Determination of the basic amount for current |
| 539 | operation.--The basic amount for current operation to be |
| 540 | included in the Florida Education Finance Program for |
| 541 | kindergarten through grade 12 for each district shall be the |
| 542 | product of the following: |
| 543 | 1. The full-time equivalent student membership in each |
| 544 | program, multiplied by |
| 545 | 2. The cost factor for each program, adjusted for the |
| 546 | maximum as provided by paragraph (c), multiplied by |
| 547 | 3. The base student allocation. |
| 548 | (t)(v) Computation for funding through the Florida |
| 549 | Education Finance Program.--The State Board of Education may |
| 550 | adopt rules establishing programs and courses for which the |
| 551 | student may earn credit toward high school graduation. |
| 552 | (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The |
| 553 | Legislature shall prescribe the aggregate required local effort |
| 554 | for all school districts collectively as an item in the General |
| 555 | Appropriations Act for each fiscal year. The amount that each |
| 556 | district shall provide annually toward the cost of the Florida |
| 557 | Education Finance Program for kindergarten through grade 12 |
| 558 | programs shall be calculated as follows: |
| 559 | (b) Final calculation.-- |
| 560 | 1. The taxable value for school purposes certified by the |
| 561 | Department of Revenue which is used in the fourth calculation |
| 562 | with the annualized full-time student membership from the |
| 563 | February student survey shall be the final taxable value used in |
| 564 | the final calculation. On September 1 of each year, the |
| 565 | Department of Revenue shall certify to the Commissioner of |
| 566 | Education the total of the prior year final taxable value for |
| 567 | school purposes in each school district and the total for all |
| 568 | school districts in the state. The commissioner shall use the |
| 569 | final taxable value certified on September 1 for school purposes |
| 570 | for each school district in the final calculation of the annual |
| 571 | Florida Education Finance Program allocations. |
| 572 | 2. For purposes of this paragraph, the final taxable value |
| 573 | for school purposes shall be the taxable value for school |
| 574 | purposes on which the tax bills are computed and mailed to the |
| 575 | taxpayers, adjusted to reflect final administrative actions of |
| 576 | value adjustment boards and judicial decisions pursuant to |
| 577 | chapter 194. For each county that has not submitted a revised |
| 578 | tax roll reflecting final value adjustment board actions and |
| 579 | final judicial decisions, the Department of Revenue shall |
| 580 | certify the most recent revision of the taxable value for school |
| 581 | purposes. The value certified under subparagraph 1. on September |
| 582 | 1 shall be the final taxable value for school purposes for that |
| 583 | year, and no further adjustments shall be made, except those |
| 584 | made pursuant to paragraph (12)(11)(b). |
| 585 | (6) CATEGORICAL FUNDS.-- |
| 586 | (a) In addition to the basic amount for current operations |
| 587 | for the FEFP as determined in subsection (1), the Legislature |
| 588 | may appropriate categorical funding for specified programs, |
| 589 | activities, or purposes. |
| 590 | (b) If a district school board finds and declares in a |
| 591 | resolution adopted at a regular meeting of the school board that |
| 592 | the funds received for any of the following categorical |
| 593 | appropriations are urgently needed to maintain school board |
| 594 | specified academic classroom instruction, the school board may |
| 595 | consider and approve an amendment to the school district |
| 596 | operating budget transferring the identified amount of the |
| 597 | categorical funds to the appropriate account for expenditure: |
| 598 | 1. Funds for student transportation. |
| 599 | 2. Funds for safe schools. |
| 600 | 3. Funds for supplemental academic instruction. |
| 601 | 4. Funds for research-based reading instruction. |
| 602 | 5. Funds for instructional materials if all instructional |
| 603 | material purchases have been completed for that fiscal year, but |
| 604 | no sooner than March 1, 2009. |
| 605 | (c) Each district school board shall include in its annual |
| 606 | financial report to the Department of Education the amount of |
| 607 | funds the school board transferred from each of the categorical |
| 608 | funds identified in this subsection and the specific academic |
| 609 | classroom instruction for which the transferred funds were |
| 610 | expended. The Department of Education shall provide instructions |
| 611 | and specify the format to be used in submitting this required |
| 612 | information as a part of the district annual financial report. |
| 613 | The Department of Education shall submit a report to the |
| 614 | Legislature that identifies by district and by categorical fund |
| 615 | the amount transferred and the specific academic classroom |
| 616 | activity for which the funds were expended. |
| 617 | (d) If a district school board transfers funds from its |
| 618 | research-based reading instruction allocation, the board must |
| 619 | also submit to the Department of Education an amendment |
| 620 | describing the changes that the district is making to its |
| 621 | reading plan approved pursuant to paragraph (9)(d). |
| 622 | (8) DECLINE IN FULL-TIME EQUIVALENT STUDENTS.--In those |
| 623 | districts where there is a decline between prior year and |
| 624 | current year unweighted FTE students, a percentage 50 percent of |
| 625 | the decline in the unweighted FTE students as determined by the |
| 626 | Legislature shall be multiplied by the prior year calculated |
| 627 | FEFP per unweighted FTE student and shall be added to the |
| 628 | allocation for that district. For this purpose, the calculated |
| 629 | FEFP shall be computed by multiplying the weighted FTE students |
| 630 | by the base student allocation and then by the district cost |
| 631 | differential. If a district transfers a program to another |
| 632 | institution not under the authority of the district's school |
| 633 | board, including a charter technical career center, the decline |
| 634 | is to be multiplied by a factor of 0.15. However, if the funds |
| 635 | provided for the Florida Education Finance Program in the |
| 636 | General Appropriations Act for any fiscal year are reduced by a |
| 637 | subsequent appropriation for that fiscal year, the percent of |
| 638 | the decline in the unweighted FTE students to be funded shall be |
| 639 | determined by the Legislature and designated in the subsequent |
| 640 | appropriation. |
| 641 | (10) CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE |
| 642 | JUSTICE EDUCATION PROGRAMS.--The total K-12 weighted full-time |
| 643 | equivalent student membership in juvenile justice education |
| 644 | programs in each school district shall be multiplied by the |
| 645 | amount of the state average class-size-reduction factor |
| 646 | multiplied by the district's cost differential. An amount equal |
| 647 | to the sum of this calculation shall be allocated in the FEFP to |
| 648 | each school district to supplement other sources of funding for |
| 649 | students in juvenile justice education programs. |
| 650 | (11)(10) QUALITY ASSURANCE GUARANTEE.--The Legislature may |
| 651 | annually in the General Appropriations Act determine a |
| 652 | percentage increase in funds per K-12 unweighted FTE as a |
| 653 | minimum guarantee to each school district. The guarantee shall |
| 654 | be calculated from prior year base funding per unweighted FTE |
| 655 | student which shall include the adjusted FTE dollars as provided |
| 656 | in subsection (12) (11), quality guarantee funds, and actual |
| 657 | nonvoted discretionary local effort from taxes. From the base |
| 658 | funding per unweighted FTE, the increase shall be calculated for |
| 659 | the current year. The current year funds from which the |
| 660 | guarantee shall be determined shall include the adjusted FTE |
| 661 | dollars as provided in subsection (12) (11) and potential |
| 662 | nonvoted discretionary local effort from taxes. A comparison of |
| 663 | current year funds per unweighted FTE to prior year funds per |
| 664 | unweighted FTE shall be computed. For those school districts |
| 665 | which have less than the legislatively assigned percentage |
| 666 | increase, funds shall be provided to guarantee the assigned |
| 667 | percentage increase in funds per unweighted FTE student. Should |
| 668 | appropriated funds be less than the sum of this calculated |
| 669 | amount for all districts, the commissioner shall prorate each |
| 670 | district's allocation. This provision shall be implemented to |
| 671 | the extent specifically funded. |
| 672 | (12)(11) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT |
| 673 | FOR CURRENT OPERATION.--The total annual state allocation to |
| 674 | each district for current operation for the FEFP shall be |
| 675 | distributed periodically in the manner prescribed in the General |
| 676 | Appropriations Act. |
| 677 | (a) The basic amount for current operation for the FEFP as |
| 678 | determined in subsection (1), multiplied by the district cost |
| 679 | differential factor as determined in subsection (2), plus the |
| 680 | amounts provided for categorical components within the FEFP, |
| 681 | plus the discretionary millage compression supplement as |
| 682 | determined in subsection (5), the amount for the sparsity |
| 683 | supplement as determined in subsection (7), the decline in full- |
| 684 | time equivalent students as determined in subsection (8), the |
| 685 | research-based reading instruction allocation as determined in |
| 686 | subsection (9), the allocation for juvenile justice education |
| 687 | programs as determined in subsection (10), and the quality |
| 688 | assurance guarantee as determined in subsection (11) (10), less |
| 689 | the required local effort as determined in subsection (4). If |
| 690 | the funds appropriated for the purpose of funding the total |
| 691 | amount for current operation as provided in this paragraph are |
| 692 | not sufficient to pay the state requirement in full, the |
| 693 | department shall prorate the available state funds to each |
| 694 | district in the following manner: |
| 695 | 1. Determine the percentage of proration by dividing the |
| 696 | sum of the total amount for current operation, as provided in |
| 697 | this paragraph for all districts collectively, and the total |
| 698 | district required local effort into the sum of the state funds |
| 699 | available for current operation and the total district required |
| 700 | local effort. |
| 701 | 2. Multiply the percentage so determined by the sum of the |
| 702 | total amount for current operation as provided in this paragraph |
| 703 | and the required local effort for each individual district. |
| 704 | 3. From the product of such multiplication, subtract the |
| 705 | required local effort of each district; and the remainder shall |
| 706 | be the amount of state funds allocated to the district for |
| 707 | current operation. |
| 708 | (b) The amount thus obtained shall be the net annual |
| 709 | allocation to each school district. However, if it is determined |
| 710 | that any school district received an underallocation or |
| 711 | overallocation for any prior year because of an arithmetical |
| 712 | error, assessment roll change required by final judicial |
| 713 | decision, full-time equivalent student membership error, or any |
| 714 | allocation error revealed in an audit report, the allocation to |
| 715 | that district shall be appropriately adjusted. Beginning with |
| 716 | audits for the 2001-2002 fiscal year, if the adjustment is the |
| 717 | result of an audit finding in which group 2 FTE are reclassified |
| 718 | to the basic program and the district weighted FTE are over the |
| 719 | weighted enrollment ceiling for group 2 programs, the adjustment |
| 720 | shall not result in a gain of state funds to the district. If |
| 721 | the Department of Education audit adjustment recommendation is |
| 722 | based upon controverted findings of fact, the Commissioner of |
| 723 | Education is authorized to establish the amount of the |
| 724 | adjustment based on the best interests of the state. |
| 725 | (c) The amount thus obtained shall represent the net |
| 726 | annual state allocation to each district; however, |
| 727 | notwithstanding any of the provisions herein, each district |
| 728 | shall be guaranteed a minimum level of funding in the amount and |
| 729 | manner prescribed in the General Appropriations Act. |
| 730 | Section 9. The amendments to s. 1011.62(6), Florida |
| 731 | Statutes, made by this act shall expire July 1, 2009, and the |
| 732 | text of that subsection shall revert to that in existence on the |
| 733 | day before the effective date of chapter 2007-328, Laws of |
| 734 | Florida, except that any amendments to such text enacted other |
| 735 | than by this act shall be preserved and continue to operate to |
| 736 | the extent that such amendments are not dependent upon the |
| 737 | portions of such text that expire pursuant to this section. |
| 738 | Section 10. Section 1011.71, Florida Statutes, as amended |
| 739 | by chapters 2007-328 and 2008-2, Laws of Florida, is amended to |
| 740 | read: |
| 741 | 1011.71 District school tax.-- |
| 742 | (1) If the district school tax is not provided in the |
| 743 | General Appropriations Act or the substantive bill implementing |
| 744 | the General Appropriations Act, each district school board |
| 745 | desiring to participate in the state allocation of funds for |
| 746 | current operation as prescribed by s. 1011.62(12)(11) shall levy |
| 747 | on the taxable value for school purposes of the district, |
| 748 | exclusive of millage voted under the provisions of s. 9(b) or s. |
| 749 | 12, Art. VII of the State Constitution, a millage rate not to |
| 750 | exceed the amount certified by the commissioner as the minimum |
| 751 | millage rate necessary to provide the district required local |
| 752 | effort for the current year, pursuant to s. 1011.62(4)(a)1. In |
| 753 | addition to the required local effort millage levy, each |
| 754 | district school board may levy a nonvoted current operating |
| 755 | discretionary millage. The Legislature shall prescribe annually |
| 756 | in the appropriations act the maximum amount of millage a |
| 757 | district may levy. |
| 758 | (2) In addition to the maximum millage levy as provided in |
| 759 | subsection (1), each school board may levy not more than 1.75 |
| 760 | mills 2 mills against the taxable value for school purposes for |
| 761 | district schools, including charter schools at the discretion of |
| 762 | the school board, to fund: |
| 763 | (a) New construction and remodeling projects, as set forth |
| 764 | in s. 1013.64(3)(b) and (6)(b) and included in the district's |
| 765 | educational plant survey pursuant to s. 1013.31, without regard |
| 766 | to prioritization, sites and site improvement or expansion to |
| 767 | new sites, existing sites, auxiliary facilities, athletic |
| 768 | facilities, or ancillary facilities. |
| 769 | (b) Maintenance, renovation, and repair of existing school |
| 770 | plants or of leased facilities to correct deficiencies pursuant |
| 771 | to s. 1013.15(2). |
| 772 | (c) The purchase, lease-purchase, or lease of school |
| 773 | buses. |
| 774 | (d) The purchase, lease-purchase, or lease of new and |
| 775 | replacement equipment. |
| 776 | (e) Payments for educational facilities and sites due |
| 777 | under a lease-purchase agreement entered into by a district |
| 778 | school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not |
| 779 | exceeding, in the aggregate, an amount equal to three-fourths of |
| 780 | the proceeds from the millage levied by a district school board |
| 781 | pursuant to this subsection. |
| 782 | (f) Payment of loans approved pursuant to ss. 1011.14 and |
| 783 | 1011.15. |
| 784 | (g) Payment of costs directly related to complying with |
| 785 | state and federal environmental statutes, rules, and regulations |
| 786 | governing school facilities. |
| 787 | (h) Payment of costs of leasing relocatable educational |
| 788 | facilities, of renting or leasing educational facilities and |
| 789 | sites pursuant to s. 1013.15(2), or of renting or leasing |
| 790 | buildings or space within existing buildings pursuant to s. |
| 791 | 1013.15(4). |
| 792 | (i) Payment of the cost of school buses when a school |
| 793 | district contracts with a private entity to provide student |
| 794 | transportation services if the district meets the requirements |
| 795 | of this paragraph. |
| 796 | 1. The district's contract must require that the private |
| 797 | entity purchase, lease-purchase, or lease, and operate and |
| 798 | maintain, one or more school buses of a specific type and size |
| 799 | that meet the requirements of s. 1006.25. |
| 800 | 2. Each such school bus must be used for the daily |
| 801 | transportation of public school students in the manner required |
| 802 | by the school district. |
| 803 | 3. Annual payment for each such school bus may not exceed |
| 804 | 10 percent of the purchase price of the state pool bid. |
| 805 | 4. The proposed expenditure of the funds for this purpose |
| 806 | must have been included in the district school board's notice of |
| 807 | proposed tax for school capital outlay as provided in s. |
| 808 | 200.065(10). |
| 809 | (j) Payment of the cost of the opening day collection for |
| 810 | the library media center of a new school. |
| 811 | (3) If the revenue from the millage authorized in |
| 812 | subsection (2) is insufficient to make payments due under a |
| 813 | lease-purchase agreement entered into prior to June 30, 2008, by |
| 814 | a district school board pursuant to paragraph (2)(e), an amount |
| 815 | up to 0.25 mills of the taxable value for school purposes within |
| 816 | the school district shall be legally available for such |
| 817 | payments, notwithstanding other restrictions on the use of such |
| 818 | revenues imposed by law. |
| 819 | (4)(3) A school district that has met the reduction |
| 820 | requirements regarding class size for the 2008-2009 fiscal |
| 821 | current year pursuant to s. 1003.03 for K-12 students for whom |
| 822 | the school district provides the educational facilities, has |
| 823 | received an unqualified opinion on its financial statements for |
| 824 | the preceding 3 years, has no material weaknesses or instances |
| 825 | of material noncompliance noted in an audit for the preceding 3 |
| 826 | years, and certifies to the Commissioner of Education that the |
| 827 | district does not need all of its discretionary 1.75-mill |
| 828 | capital improvement revenue for capital outlay purposes and all |
| 829 | of the district's instructional space needs for the next 5 years |
| 830 | can be met from capital outlay sources that the district |
| 831 | reasonably expects to receive during the next 5 years from local |
| 832 | revenues and from currently appropriated state facilities |
| 833 | funding or from alternative scheduling or construction, leasing, |
| 834 | rezoning, or technological methodologies that exhibit sound |
| 835 | management may expend, subject to the provisions of s. 200.065, |
| 836 | up to $65 per unweighted full-time equivalent student from the |
| 837 | revenue generated by the 2008-2009 millage levy authorized by |
| 838 | subsection (2) to fund, in addition to expenditures authorized |
| 839 | in paragraphs (2)(a)-(j), 2008-2009 expenses for the following: |
| 840 | (a) The purchase, lease-purchase, or lease of driver's |
| 841 | education vehicles; motor vehicles used for the maintenance or |
| 842 | operation of plants and equipment; security vehicles; or |
| 843 | vehicles used in storing or distributing materials and |
| 844 | equipment. |
| 845 | (b) Payment of the cost of premiums for property and |
| 846 | casualty insurance necessary to insure school district |
| 847 | educational and ancillary plants. Operating revenues that are |
| 848 | made available through the payment of property and casualty |
| 849 | insurance premiums from revenues generated under this subsection |
| 850 | may be expended only for nonrecurring operational expenditures |
| 851 | of the school district. |
| 852 | (5)(4) Violations of the expenditure provisions in |
| 853 | subsection (2) or subsection (4) (3) shall result in an equal |
| 854 | dollar reduction in the Florida Education Finance Program (FEFP) |
| 855 | funds for the violating district in the fiscal year following |
| 856 | the audit citation. |
| 857 | (6)(5) These taxes shall be certified, assessed, and |
| 858 | collected as prescribed in s. 1011.04 and shall be expended as |
| 859 | provided by law. |
| 860 | (7)(6) Nothing in s. 1011.62(4)(a)1. shall in any way be |
| 861 | construed to increase the maximum school millage levies as |
| 862 | provided for in subsection (1). |
| 863 | (8)(7) In addition to the maximum millage levied under |
| 864 | this section and the General Appropriations Act, a school |
| 865 | district may levy, by local referendum or in a general election, |
| 866 | additional millage for school operational purposes up to an |
| 867 | amount that, when combined with nonvoted millage levied under |
| 868 | this section, does not exceed the 10-mill limit established in |
| 869 | s. 9(b), Art. VII of the State Constitution. Any such levy shall |
| 870 | be for a maximum of 4 years and shall be counted as part of the |
| 871 | 10-mill limit established in s. 9(b), Art. VII of the State |
| 872 | Constitution. Millage elections conducted under the authority |
| 873 | granted pursuant to this section are subject to s. 1011.73. |
| 874 | Funds generated by such additional millage do not become a part |
| 875 | of the calculation of the Florida Education Finance Program |
| 876 | total potential funds in 2001-2002 or any subsequent year and |
| 877 | must not be incorporated in the calculation of any hold-harmless |
| 878 | or other component of the Florida Education Finance Program |
| 879 | formula in any year. If an increase in required local effort, |
| 880 | when added to existing millage levied under the 10-mill limit, |
| 881 | would result in a combined millage in excess of the 10-mill |
| 882 | limit, any millage levied pursuant to this subsection shall be |
| 883 | considered to be required local effort to the extent that the |
| 884 | district millage would otherwise exceed the 10-mill limit. |
| 885 | Section 11. The amendments to subsection (3) of s. |
| 886 | 1011.71, Florida Statutes, renumbered as subsection (4) by this |
| 887 | act, shall expire July 1, 2009, and the text of that subsection |
| 888 | shall revert to that in existence on the day before the |
| 889 | effective date of chapter 2007-328, Laws of Florida, except that |
| 890 | any amendments to such text enacted other than by this act shall |
| 891 | be preserved and continue to operate to the extent that such |
| 892 | amendments are not dependent upon the portions of such text that |
| 893 | expire pursuant to this section. |
| 894 | Section 12. Subsection (2) of section 1011.73, Florida |
| 895 | Statutes, is amended to read: |
| 896 | 1011.73 District millage elections.-- |
| 897 | (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.--The |
| 898 | district school board, pursuant to resolution adopted at a |
| 899 | regular meeting, shall direct the county commissioners to call |
| 900 | an election at which the electors within the school district may |
| 901 | approve an ad valorem tax millage as authorized under s. |
| 902 | 1011.71(8)(7). Such election may be held at any time, except |
| 903 | that not more than one such election shall be held during any |
| 904 | 12-month period. Any millage so authorized shall be levied for a |
| 905 | period not in excess of 4 years or until changed by another |
| 906 | millage election, whichever is earlier. If any such election is |
| 907 | invalidated by a court of competent jurisdiction, such |
| 908 | invalidated election shall be considered not to have been held. |
| 909 | Section 13. Paragraph (e) is added to subsection (5) of |
| 910 | section 1012.225, Florida Statutes, to read: |
| 911 | 1012.225 Merit Award Program for Instructional Personnel |
| 912 | and School-Based Administrators.-- |
| 913 | (5) REVIEW OF PERFORMANCE-BASED PAY PLANS.-- |
| 914 | (e) Districts that do not have an approved plan for the |
| 915 | 2008-2009 school year may submit a plan for the 2008-2009 school |
| 916 | year by October 1, 2008. |
| 917 | Section 14. Section 1012.72, Florida Statutes, as amended |
| 918 | by chapter 2007-328, Laws of Florida, is amended to read: |
| 919 | 1012.72 Dale Hickam Excellent Teaching Program.-- |
| 920 | (1) The Legislature recognizes that teachers play a |
| 921 | critical role in preparing students to achieve the high levels |
| 922 | of academic performance expected by the Sunshine State |
| 923 | Standards. The Legislature further recognizes the importance of |
| 924 | identifying and rewarding teaching excellence and of encouraging |
| 925 | good teachers to become excellent teachers. The Legislature |
| 926 | finds that the National Board for of Professional Teaching |
| 927 | Standards (NBPTS) has established high and rigorous standards |
| 928 | for accomplished teaching and has developed a national voluntary |
| 929 | system for assessing and certifying teachers who demonstrate |
| 930 | teaching excellence by meeting those standards. It is therefore |
| 931 | the Legislature's intent to provide incentives for teachers to |
| 932 | seek NBPTS certification and to reward teachers who demonstrate |
| 933 | teaching excellence by attaining NBPTS certification and sharing |
| 934 | their expertise with other teachers. |
| 935 | (2) The Dale Hickam Excellent Teaching Program is created |
| 936 | to provide categorical funding for monetary incentives and |
| 937 | bonuses for teaching excellence. The bonuses may be provided for |
| 938 | initial certification for up to one 10-year period. The |
| 939 | Department of Education shall distribute to each school district |
| 940 | or to the NBPTS an amount as prescribed annually by the |
| 941 | Legislature for the Dale Hickam Excellent Teaching Program. For |
| 942 | purposes of this section, the Florida School for the Deaf and |
| 943 | the Blind shall be considered a school district. Unless |
| 944 | otherwise provided in the General Appropriations Act, each |
| 945 | distribution shall be the sum of the amounts earned for the |
| 946 | following incentives and bonuses: |
| 947 | (a) A fee subsidy to be paid by the Department of |
| 948 | Education to the NBPTS on behalf of each individual who is an |
| 949 | employee of a district school board or a public school within |
| 950 | the school district, who is certified by the district to have |
| 951 | demonstrated satisfactory teaching performance pursuant to s. |
| 952 | 1012.34 and who satisfies the prerequisites for participating in |
| 953 | the NBPTS certification program, and who agrees, in writing, to |
| 954 | pay 10 percent of the NBPTS participation fee and to participate |
| 955 | in the NBPTS certification program during the school year for |
| 956 | which the fee subsidy is provided. The fee subsidy for each |
| 957 | eligible participant shall be an amount equal to 90 percent of |
| 958 | the fee charged for participating in the NBPTS certification |
| 959 | program. The fee subsidy is a one-time award and may not be |
| 960 | duplicated for any individual. |
| 961 | (b) A portfolio-preparation incentive of $150 paid by the |
| 962 | Department of Education to each teacher employed by a district |
| 963 | school board or a public school within a school district who is |
| 964 | participating in the NBPTS certification program. The portfolio- |
| 965 | preparation incentive is a one-time award paid during the school |
| 966 | year for which the NBPTS fee subsidy is provided. |
| 967 | (a)(c) An annual bonus equal to 10 percent of the prior |
| 968 | fiscal year's statewide average salary for classroom teachers to |
| 969 | be distributed to the school district to be paid to each |
| 970 | individual who holds NBPTS certification and is employed by the |
| 971 | district school board or by a public school within the school |
| 972 | district. The district school board shall distribute the annual |
| 973 | bonus to each individual who meets the requirements of this |
| 974 | paragraph and who is certified annually by the district to have |
| 975 | demonstrated satisfactory teaching performance pursuant to s. |
| 976 | 1012.34. The annual bonus may be paid as a single payment or |
| 977 | divided into not more than three payments. |
| 978 | (b)(d) An annual bonus equal to 10 percent of the prior |
| 979 | fiscal year's statewide average salary for classroom teachers to |
| 980 | be distributed to the school district to be paid to each |
| 981 | individual who meets the requirements of paragraph (a) (c) and |
| 982 | agrees, in writing, to provide the equivalent of 12 workdays of |
| 983 | mentoring and related services to public school teachers within |
| 984 | the state who do not hold NBPTS certification. Related services |
| 985 | must include instruction in helping teachers work more |
| 986 | effectively with the families of their students. The district |
| 987 | school board shall distribute the annual bonus in a single |
| 988 | payment following the completion of all required mentoring and |
| 989 | related services for the year. It is not the intent of the |
| 990 | Legislature to remove excellent teachers from their assigned |
| 991 | classrooms; therefore, credit may not be granted by a school |
| 992 | district or public school for mentoring or related services |
| 993 | provided during student contact time during the 196 days of |
| 994 | required service for the school year. |
| 995 | (c)(e) The employer's share of social security and |
| 996 | Medicare taxes and Florida Retirement System contributions for |
| 997 | those teachers who qualify for NBPTS certification and receive |
| 998 | bonus amounts under paragraph (a) or paragraph (b). |
| 999 |
|
| 1000 | A teacher for whom the state pays the certification fee and who |
| 1001 | does not complete the certification program or does not teach in |
| 1002 | a public school of this state for at least 1 year after |
| 1003 | completing the certification program must repay the amount of |
| 1004 | the certification fee to the state. However, a teacher who |
| 1005 | completes the certification program but fails to be awarded |
| 1006 | NBPTS certification is not required to repay the amount of the |
| 1007 | certification fee if the teacher meets the 1-year teaching |
| 1008 | requirement. Repayment is not required of a teacher who does not |
| 1009 | complete the certification program or fails to fulfill the |
| 1010 | teaching requirement because of the teacher's death or |
| 1011 | disability or because of other extenuating circumstances as |
| 1012 | determined by the State Board of Education. |
| 1013 | (3)(a) In addition to any other remedy available under the |
| 1014 | law, any person who is a recipient of a certification fee |
| 1015 | subsidy paid to the NBPTS and who is an employee of the state or |
| 1016 | any of its political subdivisions is considered to have |
| 1017 | consented, as a condition of employment, to the voluntary or |
| 1018 | involuntary withholding of wages to repay to the state the |
| 1019 | amount of such a certification fee subsidy awarded under this |
| 1020 | section. Any such employee who defaults on the repayment of such |
| 1021 | a certification fee subsidy must, within 60 days after service |
| 1022 | of a notice of default by the Department of Education to the |
| 1023 | employee, establish a repayment schedule which must be agreed to |
| 1024 | by the department and the employee, for repaying the defaulted |
| 1025 | sum through payroll deductions. The department may not require |
| 1026 | the employee to pay more than 10 percent of the employee's pay |
| 1027 | per pay period under such a repayment schedule or plan. If the |
| 1028 | employee fails to establish a repayment schedule within the |
| 1029 | specified period of time or fails to meet the terms and |
| 1030 | conditions of the agreed upon or approved repayment schedule as |
| 1031 | authorized by this subsection, the employee has breached an |
| 1032 | essential condition of employment and is considered to have |
| 1033 | consented to the involuntary withholding of wages or salary for |
| 1034 | the repayment of the certification fee subsidy. |
| 1035 | (b) A person who is employed by the state, or any of its |
| 1036 | political subdivisions, may not be dismissed for having |
| 1037 | defaulted on the repayment of the certification fee subsidy to |
| 1038 | the state. |
| 1039 | (4) The State Board of Education may adopt rules pursuant |
| 1040 | to ss. 120.536 and 120.54 as necessary to administer the |
| 1041 | provisions for payment of the fee subsidies, incentives, and |
| 1042 | bonuses and for the repayment of defaulted certification fee |
| 1043 | subsidies under this section. |
| 1044 | (3)(5) If the funds available in any fiscal year are |
| 1045 | insufficient to pay in full the annual bonuses for certification |
| 1046 | and for providing mentoring and related services, payments for |
| 1047 | providing mentoring and related services shall be prorated among |
| 1048 | the eligible recipients. If the mentoring and related services |
| 1049 | are prorated, school districts may pay a portion or all of the |
| 1050 | balance. If funds are insufficient to pay in full the annual |
| 1051 | bonuses for certification, payments of bonuses for certification |
| 1052 | shall be prorated among the eligible recipients. |
| 1053 | Section 15. Subsection (4) of section 1013.45, Florida |
| 1054 | Statutes, is amended to read: |
| 1055 | 1013.45 Educational facilities contracting and |
| 1056 | construction techniques.-- |
| 1057 | (4) Except as otherwise provided in this section and s. |
| 1058 | 481.229, the services of a registered architect must be used for |
| 1059 | the development of plans for the erection, enlargement, or |
| 1060 | alteration of any educational facility. The services of a |
| 1061 | registered architect are not required for a minor renovation |
| 1062 | project for which the construction cost is less than $50,000 or |
| 1063 | for the placement or hookup of relocatable educational |
| 1064 | facilities that conform with standards adopted under s. 1013.37. |
| 1065 | However, boards must provide compliance with building code |
| 1066 | requirements and ensure that these structures are adequately |
| 1067 | anchored for wind resistance as required by law. A district |
| 1068 | school board shall Boards are encouraged to consider the reuse |
| 1069 | of existing construction documents or design criteria packages |
| 1070 | if where such reuse is feasible and practical. If a school |
| 1071 | district's 5-year educational facilities work plan includes the |
| 1072 | construction of two or more new schools for students in the same |
| 1073 | grade group and program, such as elementary, middle, or high |
| 1074 | school, the district school board shall require that prototype |
| 1075 | design and construction be used for the construction of these |
| 1076 | schools. Notwithstanding s. 287.055, a board may purchase the |
| 1077 | architectural services for the design of educational or |
| 1078 | ancillary facilities under an existing contract agreement for |
| 1079 | professional services held by a district school board in the |
| 1080 | State of Florida, provided that the purchase is to the economic |
| 1081 | advantage of the purchasing board, the services conform to the |
| 1082 | standards prescribed by rules of the State Board of Education, |
| 1083 | and such reuse is not without notice to, and permission from, |
| 1084 | the architect of record whose plans or design criteria are being |
| 1085 | reused. Plans shall be reviewed for compliance with the state |
| 1086 | requirements for educational facilities. Rules adopted under |
| 1087 | this section must establish uniform prequalification, selection, |
| 1088 | bidding, and negotiation procedures applicable to construction |
| 1089 | management contracts and the design-build process. This section |
| 1090 | does not supersede any small, woman-owned or minority-owned |
| 1091 | business enterprise preference program adopted by a board. |
| 1092 | Except as otherwise provided in this section, the negotiation |
| 1093 | procedures applicable to construction management contracts and |
| 1094 | the design-build process must conform to the requirements of s. |
| 1095 | 287.055. A board may not modify any rules regarding construction |
| 1096 | management contracts or the design-build process. |
| 1097 | Section 16. This act shall take effect July 1, 2008. |
| 1098 |
|
| 1099 | ----------------------------------------------------- |
| 1100 | T I T L E A M E N D M E N T |
| 1101 | Remove the entire title and insert: |
| 1102 | A bill to be entitled |
| 1103 | An act relating to education; amending s. 121.021, F.S.; |
| 1104 | deleting salary supplements for National Board for Professional |
| 1105 | Teaching Standards certification from the definition of |
| 1106 | "compensation" under the Florida Retirement System; amending s. |
| 1107 | 220.187, F.S.; revising provisions relating to norm-referenced |
| 1108 | tests for purposes of the Corporate Income Tax Credit |
| 1109 | Scholarship Program; amending s. 1001.451, F.S., relating to |
| 1110 | regional consortium service organizations; authorizing the |
| 1111 | Department of Education to appropriate a lesser amount of an |
| 1112 | incentive grant per school district and eligible member for a |
| 1113 | specified fiscal year; providing for the future expiration of |
| 1114 | such provisions; amending s. 1002.33, F.S.; excluding charter |
| 1115 | school Merit Award Program funds from the calculation of school |
| 1116 | district administrative fees; amending s. 1003.03, F.S.; |
| 1117 | revising provisions relating to implementation of maximum class |
| 1118 | size requirements; amending s. 1007.271, F.S.; deleting certain |
| 1119 | dual enrollment funding provisions; amending s. 1008.22, F.S.; |
| 1120 | deleting norm-referenced test requirements under the statewide |
| 1121 | assessment program; amending s. 1011.62, F.S.; revising |
| 1122 | provisions relating to the calculation of full-time equivalent |
| 1123 | membership for dual enrollment instruction; decreasing the value |
| 1124 | of full-time equivalent membership calculated for students |
| 1125 | enrolled in an International Baccalaureate course, an Advanced |
| 1126 | International Certificate of Education course, or an Advanced |
| 1127 | Placement course who meet certain requirements; deleting |
| 1128 | provisions relating to the calculation of additional full-time |
| 1129 | equivalent membership based on completion of high school level |
| 1130 | algebra courses; revising provisions relating to the calculation |
| 1131 | of additional full-time equivalent membership based on |
| 1132 | certification of successful completion of industry-certified |
| 1133 | career and professional academy programs; revising provisions |
| 1134 | relating to the final calculation of district required local |
| 1135 | effort; authorizing a district school board to transfer certain |
| 1136 | categorical funds for academic classroom instruction; requiring |
| 1137 | the department to report to the Legislature the amounts |
| 1138 | transferred and the activities for which the funds were |
| 1139 | expended; requiring a district school board to submit an |
| 1140 | amendment to the department if the school board transfers funds |
| 1141 | from its research-based reading instruction allocation; revising |
| 1142 | provisions relating to the calculation of declining unweighted |
| 1143 | full-time equivalent students; including the supplemental |
| 1144 | allocation for juvenile justice education programs in the |
| 1145 | calculation for allocations to districts for current operation; |
| 1146 | providing for the future expiration of certain provisions |
| 1147 | governing the transfer of categorical funds; amending s. |
| 1148 | 1011.71, F.S.; decreasing the maximum millage a school district |
| 1149 | may levy against the taxable value for school purposes; |
| 1150 | authorizing a school district to redirect up to a specified |
| 1151 | amount of millage if revenues are insufficient to cover payments |
| 1152 | due under a lease-purchase agreement; revising certain |
| 1153 | requirements for a school district with respect to expenditure |
| 1154 | of revenue generated by the district school tax millage; |
| 1155 | providing for future expiration of such provisions; amending s. |
| 1156 | 1011.73, F.S.; conforming a cross-reference; amending s. |
| 1157 | 1012.225, F.S.; providing a deadline for submission of Merit |
| 1158 | Award Program plans by certain districts; amending s. 1012.72, |
| 1159 | F.S., relating to the Dale Hickam Excellent Teaching Program; |
| 1160 | providing that bonuses be provided for up to a certain period; |
| 1161 | eliminating as authorized expenditures the fee subsidy for |
| 1162 | National Board for Professional Teaching Standards |
| 1163 | certification, the portfolio preparation incentive, and the |
| 1164 | employer's share of Florida Retirement System contributions; |
| 1165 | deleting provisions to conform; revising provisions for the |
| 1166 | proration of funds; authorizing a school district to pay a |
| 1167 | certain percentage of bonuses when insufficient funds are |
| 1168 | available; amending s. 1013.45, F.S.; requiring a district |
| 1169 | school board to reuse existing construction documents or design |
| 1170 | criteria packages if feasible and practical; requiring the use |
| 1171 | of prototype design and construction under certain |
| 1172 | circumstances; providing an effective date. |